Division 2Sale of food for special medical purposes

Division 2 – Sale of food for special medical purposes

5 Restriction on the persons by whom, and the premises at which, food for special medical purposes may be sold

(1) A food for special medical purposes must not be sold to a consumer, other than from or by –

(a) a medical practitioner or dietitian; or
(b) a medical practice, pharmacy or responsible institution; or
(c) a majority seller of that food for special medical purposes.

(2) In this clause, medical practitioner means a person registered or licensed as a medical practitioner under legislation in Australia or New Zealand, as the case requires, for the registration or licensing of medical practitioners.

(3) In this clause, a person is a majority seller of a food for special medical purposes during any [24] month period if –

(a) during the period, the person sold that food for special medical purposes to medical practitioners, dietitians, medical practices, pharmacies or responsible institutions; and
(b) the sales mentioned in paragraph (a) represent more than one half of the total quantity of that food for special medical purposes sold by the person during the period.