Food Standards (Application A1230 – Very Low Energy Diets (VLED)) Variation (Cth)

Food Standards (Application A1230 – Very Low Energy Diets (VLED)) Variation

The Board of Food Standards Australia New Zealand gives notice of the making of this variation under section 92 of the Food Standards Australia New Zealand Act 1991. The variation commences on the date specified in clause 3 of this variation.

Dated 25 May 2022

Matthew O'Mullane Delegate of the Board of Food Standards Australia New Zealand

Note:

This variation will be published in the Commonwealth of Australia Gazette No. FSC 148 on 1 June 2022. This means that this date is the gazettal date for the purposes of clause 3 of the variation.

1 Name This instrument is the Food Standards (Application A1230 – Very Low Energy Diets (VLED)) Variation.

2 Variation to standards in the Australia New Zealand Food Standards Code The Schedule varies Standards in the Australia New Zealand Food Standards Code.

3 Commencement The variation commences on the date of gazettal. 4 Effect of the variations made by this instrument

(1) Section 1.1.1—9 of Standard 1.1.1 does not apply to the variations made by this instrument.

(2) During the transition period, a food product may be sold if the food product complies with one of the following:

(a) the Code as in force without the variations made by this instrument; or (b) the Code as amended by the variations made by this instrument.

(3) For the purposes of this clause: transition period means the period commencing on the variation's date of commencement and ending 36 months after the date of commencement.

Schedule Standard 1.1.2 Definitions used throughout the Code [1.1] Subsection 1.1.2—2(3) Insert: very low energy diet means a range of food for special medical purposes specially formulated for the dietary management of overweight and obesity and which provide the sole source of nutrition when consumed according to the directions for use on the label. very low energy food means a food for special medical purposes produced for consumption as part of a *very low energy diet. [1.2] Subsection 1.1.2—5(2) Repeal the subsection, substitute: (2) Despite subsection (1), a food is not food for special medical purposes if it is: (a) an infant formula product; or (b) a food specially formulated for the dietary management of overweight and obesity and which is not a *very low energy food.