2. Regulation 9 of the Food Regulations (Rg 1) is deleted and the following regulations substituted therefor:“Prohibition on false or misleading statements, etc., on labels |
9.—(1) No written, pictorial, or other descriptive matter appearing on or attached to, or supplied or displayed with food is to include any claim or suggestion whether in the form of a statement, word, brand, picture, or mark purporting to indicate the nature, stability, quantity, strength, purity, composition, weight, origin, age, effects, or proportion of food or its ingredients that is false, misleading or deceptive, or is likely to create an erroneous impression regarding the value, merit or safety of the food.(2) Unless permitted by regulation 9A or 9B, a label must not include any claim or suggestion in relation to food that implies —(a) | the food has therapeutic or prophylactic action; | (b) | the food will prevent, alleviate or cure any disease or condition affecting the human body; or | (c) | that health or an improved physical condition may be achieved by consuming the food. |
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(3) A label must not include any claim or suggestion that may be interpreted as advice of a medical nature from any person whatsoever. |
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Exceptions from prohibitions on claims on labels |
9A.—(1) The claims set out in the first column of the Fourteenth Schedule may be made on prepacked foods that meet the corresponding criteria set out opposite in the second column.(2) In the case of prepacked foods where the addition of phytosterols, phytosterol esters, phytostanols or phytostanol esters is approved under regulation 250A, the following claim may be made in a label: | “Plant sterols/stanols have been shown to lower/reduce blood cholesterol. High blood cholesterol is a risk factor in the development of coronary heart disease.”. |
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Limitations on making particular statements or claims on labels |
9B.—(1) A label must not include any claim or suggestion that a food is a source of energy unless —(a) | the label states the quantity of that food to be consumed in one day; | (b) | the amount of the food stated on the label as the quantity to be consumed in one day yields at least 300 kcal; and | (c) | the label contains a nutrition information panel in the form specified in the Twelfth Schedule or in such other similar form as may be acceptable to the Director-General. |
(2) A label must not include any claim or suggestion that a food is a source of or an excellent source of protein unless —(a) | the label states the quantity of that food to be consumed in one day; | (b) | the amount of food stated on the label as the quantity to be consumed in one day contains at least 10 g of protein; | (c) | the label contains a nutrition information panel in the form specified in the Twelfth Schedule or in such other similar form as may be acceptable to the Director-General; and | (d) | in the case of —(i) | food which is a source of protein, at least 12% by weight of the calorie yield of the food is derived from protein; or | (ii) | food which is an excellent source of protein, at least 20% by weight of the calorie yield of the food is derived from protein. |
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(3) A recipe involving the use of any food or any suggestion or pictorial illustration on how to serve the food must not be included on any label unless the recipe, suggestion or pictorial illustration is immediately preceded or followed or otherwise closely accompanied by the expression “Recipe” or “Serving Suggestion”, as the case may be, in printed letters of a minimum of 1.5 mm in height. |
(4) No written, pictorial, or other descriptive matter appearing on or attached to, or supplied or displayed with food is to include the word “pure”, or any word of the same significance, in relation to food unless the food is free from other added substances or is of the composition, strength and quality required under these Regulations. |
(5) A label must not include the word “organic”, or any word of the same significance, in relation to food unless the food is certified as organic under an inspection and certification system —(a) | that complies with section 6.3 of the Codex Guidelines for the Production, Processing, Labelling and Marketing of Organically Produced Foods, GL 32-1999; or | (b) | that substantially complies with the guidelines mentioned in sub-paragraph (a) and is acceptable to the Director-General as being a suitable system for the certification of organic food.”. |
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