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Health, Nutrition and Related Claims: Enabling Provisions in New Zealand Law

6 Options considered

The New Zealand Food Safety Authority (NZFSA) is the government agency with responsibility for food regulation and the coordination of all food policy in New Zealand. NZFSA is also the advisory body to New Zealand’s representative on the Ministerial Council. As such, NZFSA is undertaking the regulatory change to the Medicines Act necessary to give legal effect to the Transitional Standard 1.1A.2 and the Health Claims Standard.

NZFSA has considered the option of taking no action; of leaving the Medicines Act Regulations as originally drafted. This was considered unacceptable as it does not meet any of the four objectives detailed in section 5.

NZFSA has consequently identified three possible options for giving legal effect to the folate health claim and the Health Claims Standard. The three options are:

a. Amend section 94(1) of the Medicines Act to exclude from the definition of Related Product any food (a) in respect of which therapeutic claims are otherwise regulated under the Code, and (b) which complies with standards in the Code.

b. Replace the current Medicines (Related Products (Exempted Food)) Regulations 2003 with a wider ranging exemption under Section 94(1)(b) and 105 of the Medicines Act. This would exempt claims defined as health, nutrition or related claims under certain parts of the Code (ie. those high-level claims listed in the Health Claims Standard or those that qualify as general-level claims). Section 94(1)(b) and 105 of the Act provide for regulations to be made exempting certain substances or articles from classification as Related Products for the purposes of the Act. This, for example, may classify foods carrying “health claims that comply with the Code” as exempt from the provisions of the Act.

c. Rely on the new Therapeutic Products and Medicines Bill currently before Parliament to be enacted before 13 August 2007. The Therapeutic Products and Medicines Bill will replace the Medicines Act 1981 and obviate the need for legislative measures to give legal effect to health claims standards under the Code.