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

9 Implementation and review

9.1 Implementation

The timeline for implementation of policy proposals arising out of this consultation process is limited by the expiry of the Medicines (Related Products (Exempted Foods)) Regulations 2003 on 13 August 2007. It is expected that the legislative measures to exempt health claims from prohibition under the Medicines Act will be gazetted before this date, in July 2007. Meeting this date will ensure that products carrying the folate health claim can legally remain on the New Zealand market.

The regulatory measures proposed in this discussion document will enable health claims only if the permissions for the claims are available in the Code. If the proposals in this discussion document come into effect before 13 August 2007, health claims (excluding the folate claim) will still be prohibited under Transitional Standard 1.1A.2. The introduction of proposed Health Claims Standard, which will permit health claims under the Code, is dependent upon the FSANZ consultation and approval process. New Zealand is involved in this process through representation on the Ministerial Council and through the three New Zealand members on the Board of FSANZ. New Zealanders are also able to make comment on any FSANZ proposals under consultation. The implementation of the Health Claims Standard, and thus the ultimate enabling of health claims, remains the responsibility of FSANZ.

The Transitional Standard 1.1A.2 will expire two years after the introduction of the Health Claims Standard. The Health Claims Standard is anticipated for gazettal in November or December 2007. Upon gazettal of the new standard, health claims will be permitted under either the Health Claims Standard or the Transitional Standard 1.1A.2 during the two year transition.

9.2 Review and evaluation of the Health Claims Standard

One of the policy guidelines for the development of the Health Claims Standard is that it and the administrative processes it establishes will be reviewed within two years of its implementation. The FSANZ review process assesses the effectiveness and appropriateness of food regulatory measures by assessing the long term impact for stakeholders and provides evidence to inform future decisions on food regulation.

FSANZ’s Evaluation Strategy 2004 – 2008 establishes a consultative approach, eliciting input from the FSANZ Advisory Group on Evaluation, which has representatives from key stakeholders in Australia and New Zealand, such as the food industry, consumer groups, health professionals and enforcement officers. The Australian Government Departments of Health and Ageing (DoHA), Agriculture, Fisheries and Forestry (DAFF) and Employment and Work Relations (DEWR) each contribute an advisor to the FSANZ Data and Evaluation Steering Committee, which oversees the evaluation. The Evaluation Strategy is available on the FSANZ website at:

http://www.foodstandards.govt.nz/newsroom/archive/evaluationstrategy202463.cfm.

Recommendations arising from the evaluation are forwarded to the FSANZ Board for information and final reports on the outcomes of research are made available to the public on the FSANZ website. Recommendations which may influence broad policy issues will also be forwarded for information to the Food Regulation Standing Committee (FRSC) and/or the Implementation Sub-Committee (ISC), recognising these committees’ interests in the development of a broad policy framework for setting food standards.

9.3 Enforcement

The proposed Health Claims Standard provides clear guidelines in making claims against food products. To ensure that these guidelines are complied with, FSANZ proposes to establish a “watchdog” group to monitor compliance. Enforcement of compliance is the responsibility of individual jurisdictions. In New Zealand, enforcement procedures and penalties are already included in both the Food Act 1981 and the Medicines Act 1981.