Document ID: chunk:federal_register_of_legislation:C2007A00098:clause:2_50
Version: federal_register_of_legislation:C2007A00098
Segment Type: clause
Provision Reference: sch 2 cl 50
Character Range: 126465–128430

50  Considering the application

 (1) The Authority must consider whether to approve a draft high level health claims variation.

 (2) Before approving such a draft variation, the Authority must:
 (a) be satisfied that the approval of the draft variation will meet the following objectives:
 (i) the protection of public health and safety;
 (ii) the provision of adequate information relating to food to enable consumers to make informed choices;
 (iii) the prevention of misleading or deceptive conduct; and
 (b) assess the draft variation against the criteria set out in the Nutrition, Health and Related Claims Standard in relation to high level health claims, taking into account any recommendations made by the High Level Health Claims Committee in relation to the draft variation or the application that resulted in the draft variation; and
 (c) take into account any submission made on behalf of a jurisdiction represented on the Food Regulation Standing Committee in relation to the draft variation or the application that resulted in the draft variation; and
 (d) if the applicant has elected that the Authority give public notice under section 51 calling for submissions, consider all submissions made during the submission period.

 (3) If:
 (a) the Authority prepares a draft high level health claims variation; and
 (b) the draft variation differs from that sought in the application as a result of which it was prepared, or was not sought in the application at all;
the Authority must give the applicant notice in writing of that fact and, if the applicant has elected that the Authority give public notice calling for submissions under section 51, state in the notice that the Authority will call for submissions for the purpose of assessing the draft variation.

 (4) The Authority must not give public notice calling for submissions under section 51 within 10 business days immediately after notice is given under subsection (3) of this section.