Document ID: chunk:federal_register_of_legislation:F2024C00915:body:0:p1
Version: federal_register_of_legislation:F2024C00915
Segment Type: other
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Character Range: 0–2799

Standard 2.9.5 Food for special medical purposes

Note 1 This instrument is a standard under the Food Standards Australia New Zealand Act 1991 (Cth). The standards together make up the Australia New Zealand Food Standards Code. See also section 1.1.1—3.

Note 2 The provisions of the Code that apply in New Zealand are incorporated in, or adopted under, the Food Act 2014 (NZ). See also section 1.1.1—3.
Division 1 Preliminary
2.9.5—1 Name
  This Standard is Australia New Zealand Food Standards Code – Standard 2.9.5 – Food for special medical purposes.
 Note Commencement:
This Standard commences on 1 March 2016, being the date specified as the commencement date in notices in the Gazette and the New Zealand Gazette under section 92 of the Food Standards Australia New Zealand Act 1991 (Cth). See also section 93 of that Act.
2.9.5—2 Definitions

Note 1 Section 1.1.2—5 (Definition of food for special medical purposes) provides as follows:
 (1) In this Code:
  food for special medical purposes means a food that is:
 (a) specially formulated for the dietary management of individuals:
 (i) by way of exclusive or partial feeding, who have special medically determined nutrient requirements or whose capacity is limited or impaired to take, digest, absorb, metabolise or excrete ordinary food or certain nutrients in ordinary food; and
 (ii) whose dietary management cannot be completely achieved without the use of the food; and
 (b) intended to be used under medical supervision; and
 (c) represented as being:
 (i) a food for special medical purposes; or
 (ii) for the dietary management of a disease, disorder or medical condition.
 (2) Despite subsection (1), a food is not food for special medical purposes if it is:
 (a) an infant formula product; or
 (b) a food specially formulated for the dietary management of overweight and obesity and which is not a *very low energy food.
Note 2 In this Code (see section 1.1.2—2):
            inner package, in relation to a food for special medical purposes, means an individual package of the food that:
 (a) is contained and sold within another package that is labelled in accordance with section 2.9.5—9; and
 (b) is not designed for individual sale, other than a sale by a responsible institution to a patient or resident of the responsible institution.
 Example An example of an inner package is an individual sachet (or sachets) of a powdered food contained within a box that is fully labelled, being a box available for retail sale.
            responsible institution means a hospital, hospice, aged care facility, disability facility, prison, boarding school or similar institution that is responsible for the welfare of its patients or residents and provides food to them.

Note 3 In this Standard (see section 1.1.2—2), a reference to