Document ID: chunk:federal_register_of_legislation:F2015L01931:body:0:p1
Version: federal_register_of_legislation:F2015L01931
Segment Type: other
Provision Reference: 
Character Range: 0–2956

Australia New Zealand Food Standards Code – Transitional Variation 2015 (Proposal P1037 – Amendments associated with Nutrition Content & Health Claims)

The Board of Food Standards Australia New Zealand gives notice of the making of this variation under section 92 of the Food Standards Australia New Zealand Act 1991.  This variation commences on the date specified in clause 2 of the variation.

30 November 2015
Standards Management Officer
Delegate of the Board of Food Standards Australia New Zealand

Note:

This variation will be published in the Commonwealth of Australia Gazette No. FSC 101 on 7 December 2015.

     1 Name of instrument

This instrument is the Australia New Zealand Food Standards Code – Transitional Variation 2015 (Proposal P1037 – Amendments associated with Nutrition Content & Health Claims).

     2 Commencement

This instrument commences on 1 March 2016 immediately after the commencement of Standard 5.1.1 – Revocation and transitional provisions — 2014 Revision.

     3 Variation to Standards in the Australia New Zealand Food Standards Code

The Schedule varies Standards in the Australia New Zealand Food Standards Code.

     4 Effect of prescribed variations

(1) In this section:

           the Code means the Australia New Zealand Food Standards Code.

           prescribed variations means the variations to the Code made by this instrument other than the variations made by items 1, 2 and 3.1 of the Schedule.

           transitional period means the period of time that commences on 1 March 2016 and ends on 18 January 2017.

(2) Section 1.1.1—9 of the Code does not apply to the prescribed variations.

(3) During the transition period, a food may comply with either:

(a) the Code as in force without the prescribed amendments; or
(b)  the Code as amended by the prescribed variations.

but not a combination of both.

(4) A food is taken to comply with the Code as amended by the prescribed variations for a period of 12 months commencing on 18 January 2017 if the food otherwise complied with the Code before that date.

               Schedule

           [1] Standard 1.1.2 is varied by

           [1.1] inserting after section 1.1.2—14

           "1.1.2—15 Definition of Permitted Health Star Rating symbol

            (1) In this Code, Permitted Health Star Rating symbol means an image subject to any of the following:

               (a)  an Australian Trade Mark numbered 1641445, 1641446 or 1641447;
               (b)  a New Zealand Trade Mark numbered 1018807, 1018808 or 1018809.

            (2) To avoid doubt, an image mentioned in subsection (1) does not cease to be a Permitted Health Star Rating symbol by reason only of the image indicating:

               (a) energy or nutrient content on a per 100 g, per 100 ml or per pack basis; or
               (b) energy or nutrient content on a per serving or per reference portion basis; or
               (c) energy or nutrient