Document ID: chunk:federal_register_of_legislation:F2024C00897:body:0:p13
Version: federal_register_of_legislation:F2024C00897
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Character Range: 34442–37948

or follow-on formula to identify for consumers that the product is infant formula or follow‑on formula:

               (a) if the product is infant formula—the number '1'; and
               (b) if the product is follow-on formula—the number '2'.

            (2) A number used in accordance with subsection (1) must appear:

               (a) on the front of the package of the product; and
               (b) immediately adjacent to:
                   (i) for infant formula—the statement required by paragraph   2.9.1—21(2)(a); and
                   (ii) for follow-on formula—the statement required by paragraph                2.9.1—21(2)(b).

            (3) Subsection (2) does not prevent a number used in accordance with subsection (1) from also appearing elsewhere on the label.

           2.9.1—28 Prohibited representations

            (1) The label on a package of infant formula or follow-on formula must not contain:

               (a) a picture of an infant; or
               (b) a picture that idealises the use of infant formula or follow-on formula; or
               (c) information relating to:
                   (i) for infant formula—follow-on formula, a special medical purpose product for infants, a formulated supplementary food or a formulated supplementary food for young children; or
                   (ii) for follow-on formula—infant formula, a special medical purpose product for infants,a formulated supplementary food or a formulated supplementary food for young children.
               (d) the word 'humanised' or 'maternalised' or any word or words having the same or similar effect; or
               (e) the words 'human milk oligosaccharide', 'human identical milk oligosaccharide' or any word or words having the same or similar effect; or
               (f) the abbreviations 'HMO' or HiMO' or any abbreviation having the same or similar effect; or
               (g) words claiming that the formula is suitable for all infants; or
               (h) information relating to the nutritional content of human milk; or
               (i) information relating to the presence of a substance listed in subsection (2), except for a reference in:
                   (i) a statement of ingredients; or
                   (ii) a declaration or statement expressly permitted or required by this Code; or
               (j) information relating to ingredients, except for:
                   (i) use of the word 'milk'; or
                   (ii) a reference in a statement of ingredients; or
                   (iii) a reference in a declaration or statement expressly permitted or required by this Code; or
               (k) information relating to the animal or plant source or sources of protein except:
                   (i) in a statement of ingredients; or
                   (ii) where required by subsection 2.9.1—20(1); or
               (l) the words 'partially hydrolysed' or any word or words having the same or similar effect, except:
                   (i) in a statement of ingredients; or
                   (ii) where required by subsection 2.9.1—20(2).

            (2) For the purposes of paragraph (1)(i), the following substances are listed:

               (a) an *inulin-type fructan; and
               (b) a *galacto-oligosaccharide; and
               (c) a nutrient; and
               (d) a substance *used as a nutritive substance'.

               Note Section 2.9.1—24 expressly requires or permits these substances to be declared