Part 2Claims framework and general principles

Part 2 – Claims framework and general principles

3 Nutrition content claims or health claims not to be made about certain foods

A nutrition content claim or health claim must not be made about –

(a) kava; or

(b) a food that contains more than 1.15% alcohol by volume, other than a nutrition content claim about –

  (i) energy content, carbohydrate content or gluten content; or
  (ii) salt or sodium content about a food that is not a beverage; or

(c) an infant formula product.

Note: Editorial note:

Note: Kava is standardised in Standard 2.6.3.

Note: Infant formula product is standardised in Standard 2.9.1.

4 Standard does not apply to certain foods

This Standard does not apply to food that is –

(a) intended for further processing, packaging or labelling prior to retail sale; or
(b) delivered to a vulnerable person by a delivered meal organisation; or
(c) provided to a patient in a hospital or other similar institution, other than food in a package.

Editorial Note:

The facilities that are ‘other similar institutions’ are described in the table to clause 8 of Standard 1.2.1.

5 Standard does not apply to certain claims or declarations

This Standard does not apply to –

(a) a claim that is expressly permitted by another Standard in this Code; or
(b) a claim about the risks or dangers of alcohol consumption or about moderating alcohol intake; or
(c) a declaration that is required by the Act; or
(d) a Permitted Health Star Rating symbol.

6 Form of food to which provisions of this Standard apply

If this Standard imposes a prerequisite, condition, qualification or any other requirement on the making of a claim, that prerequisite, condition, qualification or requirement applies to the form of the food as determined in accordance with the Table.

Table to clause 6