Sales & Marketing

09 Sep 2008

Proposed New Rules for "Supplemented Food"

If you import, manufacture, label, or advertise supplemented food then take note. The New Zealand Food Safety Authority (NZFSA) proposes introducing a new standard for supplemented food (Standard).

The Proposed Standard

If introduced the Standard will regulate supplemented foods (currently regulated under the Dietary Supplements Regulations 1985 (Regulations)) together with their labelling and composition requirements. The Standard seeks to:

• protect public health and safety while maintaining consumer choice;
• support economic growth;
• maintain an existing right for New Zealand consumers, manufacturers, importers and exporters to access and supply these products;
• align supplemented food with a number of existing standards in the Australia New Zealand Food Standards Code (Code); and
• prevent the addition of substances to food that have the function and/or purpose of intoxication.

What is "Supplemented Food"?

"Supplemented food" is defined as being a product represented as a food for consumption by the general population that has a substance or substances added to it or that has been modified in some way to perform a physiological role beyond the provision of a simple nutritive requirement and to which the Code does not otherwise apply.

Restrictions and/or Requirements Contained in the Standard

Key areas affected by the Standard include the advertising, labelling (including identification), content claims in relation to vitamins and minerals and general restrictions and prohibition on the import, manufacture and sale of supplemented foods.

Advertising and labelling: Any advertisement for a supplemented food, container or package in which a supplemented food is sold and label on a package or container in which a supplemented food is sold must not claim or make a statement (express or implied) that the supplemented food:

• treats or prevents disease;
• diagnoses disease or ascertains the existence, degree, or extent of a physiological condition;
• alters the shape, structure, size, or weight of the human body or has slimming or intrinsic weight reducing properties; and
• prevents the normal operation of a physiological function.

A supplemented food label must not contain the word "health" or any word or words of similar import as a part of or in conjunction with the name of the food. The label must also not contain any word, statement, claim (express or implied) or design that directly or by implication could be interpreted as advice of a medical nature from any person.

The following identification requirements are also required:

• the words "supplemented food" must appear on the label on a package of supplemented food and must appear in a prominent position in any advertising material; 
• the lot identification (unless the supplemented food is in small packages, and the bulk packages and bulk container in which the food is stored or displayed for sale includes its lot identification); and
• the name and business address in New Zealand of the supplier.

Content claims of vitamins and minerals: Claims that a supplemented food contains an ingredient which is a "good source" of a vitamin or mineral cannot be made unless the vitamin or mineral contains an adequate quantity (25% of the RDI). An example is a claim that a supplemented food contains milk which is a good source of calcium. Such a claim will not be possible unless there is sufficient quantities of milk (and thus calcium) present in the end product.

General restrictions or prohibitions: Supplemented food must not contain any substance that is intended to have an intoxicating effect on any consumer. Various substances are also only able to be added to supplemented food if there is compliance with the restrictions. For example warnings or information that appear on the label. Actaea/Cimicifuga racemosa (or Black Cohosh as it is commonly known) is completely prohibited from being added to supplemented food. The Standard also contains restrictions on vitamins and minerals that may be added to supplemented food produced for both adults and children aged 0 to 8 years. These restrictions include maximum quantities per one day serve.

Application of the Standard

The Standard is divided into two Parts and has a two year transition period. Part 1 sets out the new requirements and permissions whilst Part 2 retains the status quo as they apply to food-type supplements in the Regulations.

A person selling supplemented foods must elect to comply with Part 1 or Part 2 and no mixing and matching is permitted. Either way Part 1 must be complied with within the transition period. Following completion of the transition period Part 2 will be revoked and it will be mandatory for supplemented food manufacturers to comply with Part 1.

The Standard is by no means set in concrete and will be amended as and when new information becomes available regarding inherent safety issues associated with food or substances. Public health and safety will remain paramount and risk management controls will be updated when required. Any amendments to Code standards referred to in Part 1 of the Standard will apply on their gazettal whether such changes occur during or after the transitional period.

Enforcement

The Standard will be issued under the Food Act 1981 (Act) and thus the enforcement provisions of the Act will apply to those importing, manufacturing and selling supplemented food products.

Summary

From a day to day perspective the Standard will require compliance from those in the importing, manufacturing, marketing and selling of supplemented foods. In the interim however affected parties should consider whether the Standard is workable and if they have concerns make those concerns known.

Have your say

Interested parties may make submissions to the Policy Group, NZFSA () by 5:00pm 25 September 2008.  Submissions should comply with the guidelines.

Authors

Peter Stubbs

Partner - Corporate & Commercial

DDI: +64 9 977 5010

Mobile: +64 21 955 230

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Craig Nelson

Senior Associate - Corporate & Commercial

DDI: +64 9 977 5185

Mobile: +64 21 918 309

Email:

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