Digital food labelling trial

Registration

The food business must, for the duration of the trial and at a minimum of 3 weeks prior to its commencement, hold and maintain:

• a valid food business registration (under the applicable risk-based measure, with the relevant registration authority) under the Food Act 2014
• a food importer’s registration (if applicable) under the Food Act 2014.

Compliance history (if applicable)

If the food business is already established in the New Zealand market, it must have a satisfactory compliance history, with no serious or unresolved non-compliances under the Food Act 2014 within the past 2 years.

Location and scale

Businesses participating in the trial must operate retail sites located in New Zealand, in either urban or rural areas.

Participation in the trial is limited to a maximum of 4 businesses, with no more than 2 sites per business permitted.

The number and location of trial sites will be determined at the assessment stage based on the availability of regulatory resources required for compliance monitoring.

Products permitted in the trial must be imported pre-packaged food products that:

• are for retail sale in New Zealand
• have a physical label available in English
• do not include statements, or nutrition, or health claims on the physical label where the relevant compositional requirements under the Australia New Zealand Food Standards Code are not met (for example, a product labelled as gluten-free overseas that does not meet New Zealand requirements)
• are imported from a country that has labelling regulations aligned with Codex and that have been in place for 5 years or more with compliance oversight in place
• are not on the excluded product list.

The following products (as defined under relevant New Zealand legislation) are excluded from the trial and will need to fully comply with the physical labelling and compositional requirements either under the Australia New Zealand Food Standards Code, the Supplemented Food Standard 2016, or the Dietary Supplements Regulations 1985:

• dietary supplements
• supplemented food
• special purpose foods
• alcoholic beverages
• kava
• Royal jelly.

The business must have adequate digital systems, processes and organisational capability to support the electronic provision of New Zealand-specific food labelling information.

At a minimum, the food business must have:

• an established digital system, platform or technological solution capable of hosting and delivering food labelling information electronically
• the capability to create, manage and maintain New Zealand specific food labelling content in electronic form both in-store and out of store
• a consumer information strategy in place that enables consumers to access electronic food labelling information, including clear provisions for consumers to readily access accurate information relevant to food allergies, intolerances or nutritional needs prior to purchase.

To be eligible for the trial, the business must:

• agree to participate in monitoring and reporting activities associated with the trial
• consent to the collection, use and analysis of trial-related data by New Zealand Food Safety and agencies commissioned by New Zealand Food Safety for the purposes of monitoring the trial and its outcomes
• have the capability and willingness to provide requested data to New Zealand Food Safety at no cost.