Final assessment report



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Dosage: a measured quantity administered at any one time or at stated intervals. A statement about dose or dosage would be considered a therapeutic claim and is therefore not permitted on foods. However, a manufacturer is allowed to state the amount of a component in a serving of the food together with the amount required to be consumed daily to achieve the desired effect. Specified serving sizes should reflect a realistic amount of the food that a person might normally consume. (eg. a serve contains Xg of the component. Consume Y serves per day, which as part of the appropriate total diet provides the claimed benefit).


Eligibility criteria: before a food is permitted to carry a claim, all stipulated eligibility criteria for that food must be met. Eligibility criteria can include qualifying and disqualifying criteria, such as the requirement for the presence and/or absence of components in the food or entire food categories.

Endorsement program: in the commercial sense – an advertising testimonial: an instance of public endorsement of a product for advertising purposes.

Nutrition, health and related claims: include all claims referring to nutrient content, nutrient function, enhanced function, reduction of disease risk or maintenance of normal health.

Serious disease or condition: forms of diseases, conditions, ailments or defects which are generally accepted to be beyond the ability of the average consumer to evaluate accurately and to treat safely without regular supervision by a suitably qualified health care professional.

Socially responsible: meets ethical and moral standards and does not abuse the trust or exploit the lack of knowledge of the general public or contain language which could bring about fear or distress.

Therapeutic claim: a claim outside the context of the total diet that a specific food or food component will prevent, diagnose, cure or alleviate a disease, ailment, defect or injury; or influence, inhibit or modify a physiological process. Therapeutic claims on foods are not permitted under the Nutrition, Health and Related Claims framework, except where expressly permitted in the Food Standards Code. Therapeutic claims may only be made for goods which are regulated by the Therapeutic Goods Administration. A statement about dosage is an implied therapeutic claim and is therefore not permitted on foods.

Whole of diet claims: claims which communicate the appropriate total diet required to achieve the stated benefit.

ATTACHMENT 3

P234 EXTERNAL ADVISORY GROUP




Terms of Reference

Within the scope of Proposal P234 – Nutrient Content and Other Related Claims, the terms of reference for the external advisory team are to:


1. Consider and provide feedback on submissions/comments received in relation to stakeholder consultations.
2. Advise on the possible regulatory options and the specific criteria for nutrient content and other related claims.
3. Provide advice on the costs and benefits of possible regulatory options and the specific criteria for nutrient content and other related claims.


Membership of the EAG

Ms Brenda Cutress, New Zealand Grocery Marketers Association;

Mr Tony Downer, Australian Food and Grocery Council;

Ms Michele Flint, Department of Health and Ageing;

Mr Peter Liehne, ANZFA (Chairperson)

Ms Celia Murphy, New Zealand Consumers Institute;

Ms Winsome Parnell, Nutrition Expert;

Mr Wayne Perkins, New Zealand Ministry of Health;

Mr Timothy Reardon, Australian Chamber of Commerce and Industry;

Ms Joanne Riddiford, Australian Competition and Consumer Commission;

Ms Rebecca Smith, Australian Consumers Association;

Dr Rosemary Stanton, Nutrition Expert; and

Dr Peter Williams, University of Wollongong

ATTACHMENT 4




LIST OF SUBMITTERS

A Draft Assessment Report for the review of Criteria and Conditions for Making Nutrition Content and Other Related Claims, Proposal P234, was released in March 2002 to commence the second round of public consultation. The following is a list of submitters who provided a written response:



Industry

Australia


1. Arnott’s

2. Australian Dairy Corporation (ADC) & Australian Dairy Products Federation (ADPF)

3. Australian Food and Grocery Council (AFGC)

4. Australian Olive Oil Association Inc. (AOOA)

5. Australasian Soft Drink Association Ltd (ASDA)

6. BRI Australia Limited/ Go Grains Advisory Committee

7. Clover Corporation Ltd (Clover)

8. Coles Myer Limited (Coles)

9. Dairy Farmers

10. Evans Confectionary

11. Food and Beverage Importers Association (FBIA)

12. Food Liaison

13. Food Sense

14. Food Technology Association of Victoria Inc (FTA Vic)

15. Food Technology Association of Western Australian Inc (FTAWA)

16. George Weston Foods Limited (GWF)

17. Goodman Fielder Ltd

18. Mandurah Australia Pty Ltd (Mandurah)

19. Meat and Livestock Australia (MLA)

20. Murray Goulburn Co-operative Co. Limited (MGC)



  1. National Food

22. The NutraSweet Company (NutraSweet)

23. Paradise Food Industries Pty Ltd

24. Pauls Limited

25. Peters & Brownes Group (PBG)

26. Sanitarium Health Food Company (Sanitarium)

27. Snow Confectionary Pty Ltd

28. Sugar Australia Pty Ltd

29. The Wrigley Company Pty Ltd (Wrigley)



New Zealand


30. Advertising Standards Authority Inc. (ASA)

31. Communication Agencies Association of New Zealand Incorporated (CAANZ)

32. Fonterra Co-operative Group (Fonterra)

33. Griffins Foods Limited, New Zealand & Food Concepts & Design Ltd (Griffins)

34. Horleys

35. Independent Fisheries Limited

36. InforMed Systems Ltd

37. Magazine Publishers Association (MPA)

38. Mainland Products Ltd

39. Natural Products Ltd

40. New Zealand Beef and Lamb Marketing Bureau (NZ Beef and Lamb)

41. New Zealand Grocery Marketers Association (GMA)

42. New Zealand Juice Association (NZJA)

43. New Zealand Television Broadcasters’ Council (NZTBC)

44. New Zealand Vegetable and Potato Growers’ Federation (NZ Veg & Potato)

45. Tatua Co-op Dairy Company (Tatua)

46. Tegel Foods Ltd (Tegel)

Trans-Tasman


47. Cerebos Foods Aust/Cerebos Gregg’s Ltd NZ (Cerebos)

48. Confectionary Manufacturers of Australasia Limited (CMA)



  1. Heinz Wattie’s Australasia (HWA)

  2. Nestlé Australia Ltd and Nestlé New Zealand Ltd (Nestlé)

51. Unilever Australasia (Unilever)

International


52. Calorie Control Council USA (CCC USA)

53. Danisco USA Inc

54. European Assoc of Polyol Producers (EPA)

55. International Sweeteners Association (ISA)

56. Isomalt Palatinit GmbH

57. Keller and Heckman LLP on behalf of European Assoc of Chewing Gum Industry (EACGI) & National Association of Chewing Gum Manufacturers (NACGM)*



Government

Australia


58. Australian Competition & Consumer Commission (ACCC)

59. Chamber of Commerce and Industry, WA (CCIWA)

60. Commonwealth Consumer Affair Division Advisory Council (CCAAC)

61. Complementary Healthcare Council of Australia (CHC)

62. Dept. of Human Services, SA

63. Dunn Son and Stone

64. NSW Heath Department

65. Queensland Health



New Zealand


66. Auckland District Health Board, New Zealand (ADHB)

67. Crown Public Health (CPH)

68. Manufactured Food Database, The Auckland District Health Board (MFD)

69. Ministry of Health (MoH NZ)

70. Public Health South (PHS)

Public Health/Non-Government Organisations

Australia


71. Dr Trevor Beard

72. Dr K Cashel

73. CSIRO Health Sciences and Nutrition (CSIRO)

74. Diabetes Australia

75. Dietitians Association of Australia (DAA)

76. National Heart Foundation of Australia (NHF Aust)

77. The Pritikin Health Association of Australia Inc. (Pritikin)

78. R Stanton



New Zealand


79. Diabetes New Zealand

80. National Heart Foundation of New Zealand (NHF NZ)

81. New Zealand Dietetic Association (NZDA)

82. New Zealand Nutrition Foundation



International


83. Dept. of Nutrition and Food Studies, New York University (Marion Nestlé)

Consumers

Australia


84. T Beard

85. N Dindakis

86. N Hay

87. S&G Helleur

88. D Horseman


  1. R Kemp

  2. BA Lawton

91. R McKennery

92. National Council of Women of Australia

93. J Schultz

94. V Shenton

95. G Wilson

96. Weight Watchers - Trigg Branch



New Zealand


97. Consumers’ Institute (NZCI)
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