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

NZFSA Public Discussion Document No 04/07

April 2007

ISBN number 978-0-478-29552-8 (Print)
978-0-478-29553-5 (Online)
ISSN number 1174-961X (Print)
1177-7478 (Online)

Important Disclaimer

Every effort has been made to ensure the information in this report is accurate.

NZFSA does not accept any responsibility or liability whatsoever for any error of fact, omission, interpretation or opinion that may be present, however it may have occurred.

The proposals in this paper are for consultation purposes and do not necessarily represent agreed
Government policy.

Further copies

Requests for further copies should be directed to:

Policy Group
New Zealand Food Safety Authority
P O Box 2835
WELLINGTON

Email: policy@nzfsa.govt.nz
Telephone: (04) 894-2500
Fax : (04) 894-2501

Website
A copy of this document can be found at www.nzfsa.govt.nz

Table of contents

1 Introduction 3

2 Consultation 4

2.1 Requirements for submissions 4

2.2 Address for submissions 4

2.3 Closing date for submissions 5

2.4 Official Information Act 5

2.5 Process after submissions 5

3 Background 6

3.1 Introduction 6

3.2 The current situation 6

3.3 Scope of the discussion document 8

3.4 Standard 1.2.7 Health, Nutrition and Related Claims 8

3.4.1 Impacts of the Health Claims Standard on industry 9

3.4.2 Impacts of the Health Claims Standard on consumers 9

3.4.3 Compliance 10

4 The problem 11

5 Objectives 12

6 Options considered 13

7 Options analysis 14

7.1 Option (a): amend the Medicines Act 1981 14

7.2 Option (b): replace the current Medicines (Related Products

(Exempted Food)) Regulations 14

7.3 Option (c): rely on the new Therapeutic Products and Medicines Bill 14

8 The proposal 16

8.1 Impacts of the proposed regulations 16

9 Implementation and review 17

9.1 Implementation 17

9.2 Review and evaluation of the Health Claims Standard 17

9.3 Enforcement 18

10 Additional information for submitters 19

10.1 Requirements for submissions 19

10.2 Address 20

10.3 Closing date for submissions 20

10.4 Submission format 21