Australia New Zealand Food Standards Code - Standard 1.2.7 - Nutrition, Health and Related Claims
Division 2Health claims
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16 Application or proposal to vary Schedule 3 taken to be a high level health claims variation
An application or a proposal to add a general level health claim to Schedule 3 is taken to be an application or proposal for a high level health claims variation.
Note: Editorial Note:
Note: High level health claims variation is defined in section 4 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act).
Note: The effect of this provision is that an application or a proposal to add a general level health claim to Schedule 3 will be assessed under the provisions in Subdivision G of each of Divisions 1 and 2 of Part 3 of the FSANZ Act, as appropriate.
17 Conditions for making health claims
(1) A health claim must not be made unless it complies with subclause (2) and either subclause (3) or (4), whichever applies.
(2) The food to which the health claim relates meets the NPSC.
(3) If the health claim is a high level health claim –
(a) the food or the property of food is mentioned in Column 1 of Schedule 2; and
(b) the health effect claimed for that food or property of food is mentioned in the corresponding row in Column 2 of Schedule 2; and
(c) the food complies with the relevant conditions in Column 5 of Schedule 2.
(4) If the health claim is a general level health claim, either –
each of the following –
(i) the food or the property of food is mentioned in Column 1 of Schedule 3;
(ii) the health effect claimed for that food or property of food is mentioned in the corresponding row in Column 2 of Schedule 3; and
(iii) the food complies with the relevant conditions in Column 5 of Schedule 3; or
(b) the person who is responsible for making the health claim has notified the Chief Executive Officer of the Authority of the details of a relationship between a food or property of food and a health effect that has been established by a process of systematic review that is described in Schedule 6.
(5) Despite subclause (2) a food that is standardised in Part 2.9 of this Code does not need to meet the NPSC.
18 Requirement when making a general level health claim under paragraph 17(4)(b)
(1) A person who gives the notice mentioned in paragraph 17(4)(b) is required to –
(a) provide the name of the person that is giving the notice and the address in Australia or New Zealand of that person; and
(b) consent to the publication by the Authority of the information given for the purposes of paragraph 17(4)(b) and paragraph 18(1)(a); and
(c) certify that the notified relationship between a food or property of food and a health effect has been established by a process of systematic review that is described in Schedule 6; and
(d) if requested by a relevant authority, provide records to the relevant authority that demonstrate that –
(i) the systematic review was conducted in accordance with the process of systematic review described in Schedule 6; and
(ii) the notified relationship is a reasonable conclusion of the systematic review.
(2) A certificate provided for a body corporate must be signed by a senior officer of the body corporate.
19 How health claims are to be made
(1) If a health claim is a high level health claim based on a relationship described in Schedule 2 or a general level health claim based on a relationship described in Schedule 3, the health claim must –
(a) state –
(i) the food or the property of food mentioned in Column 1 of Schedule 2 or Column 1 of Schedule 3; and
(ii) the specific health effect mentioned in Column 2 of Schedule 2 or Column 2 of Schedule 3 that is claimed for the food or the property of food; and
(b) if Column 3 of Schedule 2 or Column 3 of Schedule 3 refers to a relevant population group to which the specific health effect relates, include a statement of that population group in conjunction with the health claim.
(2) If a health claim is a general level health claim based on a relationship that has been notified under paragraph 17(4)(b), the health claim must –
(a) state the food or the property of food and the specific health effect; and
(b) include together with the health claim a statement about the relevant population group, if any, that is a reasonable conclusion of the systematic review mentioned in paragraph 17(4)(b).
(3) In addition to the requirements under subclause (1) or (2), whichever applies, the health claim must also include together with the health claim –
(a) a dietary context statement according to the principles for a dietary context statement set out in subclause (4); and
(b) a statement of the form of the food to which the health claim relates.
(4) A dietary context statement must –
(a) state that the health effect must be considered in the context of a healthy diet involving the consumption of a variety of foods; and
(b) be appropriate to the type of food or the property of food that is the subject of the claim and the health effect claimed; and
(c) either –
(i) if the health claim is a high level health claim based on a relationship described in Schedule 2 or a general level health claim based on a relationship described in Schedule 3, include words to the effect of the relevant dietary context statement in the corresponding row of Column 4 of Schedule 2 or Column 4 of Schedule 3, if any; or
(ii) if the health claim is a general level health claim based on a relationship that has been notified under paragraph 17(4)(b), include words to the effect of a relevant dietary context statement that is a reasonable conclusion of the systematic review.
(5) Despite paragraph (3)(a), a dietary context statement need not be included on a label on a food product that is contained in a small package.
(6) Despite paragraph (3)(b), if the form of the food to which the claim relates is the food as sold, the form of the food to which the claim relates need not be stated.
20 Split health claims
If the statements required by subclauses 19(1) and (3) or 19(2) and (3) appear on a label or in an advertisement, the matters referred to in paragraph 19(1)(a) or (2)(a), as appropriate, may also appear in another statement on the label or in the advertisement if that other statement indicates where on the label or advertisement the statements required by subclauses 19(1) and (3) or 19(2) and (3) are located.
21 Statements for claims about phytosterols, phytostanols and their esters
A dietary context statement for a claim about phytosterols, phytostanols and their esters need not include a statement required by paragraph 19(4)(a) if the claim appears together with the mandatory advisory statement required by clause 2 of Standard 1.2.3.