Division 3Endorsements

Division 3 – Endorsements

22 Endorsing bodies

(1) An endorsing body must –

(a) not be related to; and
(b) be independent of; and
(c) be free from influence by;

the supplier of food in relation to which an endorsement is made.

(2) An endorsing body is related to a supplier if the supplier –

(a) has a financial interest in the endorsing body; or
(b) established, either by itself or with others, the endorsing body; or
(c) exercises direct or indirect control over the endorsing body.

23 Criteria for endorsements

(1) A supplier of food may make or include an endorsement on a label or in an advertisement for the food, or otherwise use the endorsement, if:

(a) the supplier keeps the required records for the information period; and
(b) the supplier upon request by the relevant authority, makes the required records available for inspection within the time specified by the relevant authority; and
(c) the endorsement complies with clause 7; and
(d) the endorsing body complies with clause 22.

(2) If a label on, or an advertisement for, imported food makes or includes an endorsement, the importer of the food must –

(a) keep the required records for the information period as if the importer of the food were the supplier of the food; and
(b) upon request by the relevant authority, make the required records available for inspection within the time specified by the relevant authority.

(3) An endorsement must not refer to a serious disease except in a reference to the endorsing body if the serious disease is part of the name of the endorsing body.

(4) Part 2 (other than clause 7) and Part 3 Divisions 1, 2 and 4 do not apply to an endorsement.

(5) In this clause –

information period, in relation to food, means the period –

  (a) during which the food is available for sale or advertised for sale; and
  (b) the period of 2 years after the food was last sold, or advertised or available for sale, whichever is the latest.

required records means a document or documents that demonstrate that –

  (a) a supplier using an endorsement has obtained the permission of the endorsing body to use the endorsement; and
  (b) the endorsing body has a nutrition- or health-related function or purpose; and
  (c) the endorsing body is a not-for-profit entity; and
  (d) the endorsing body is not related to the supplier using the endorsement.