Last Updated: 5 April 2019

[FOS 10,015] Interpretation3 

3
In these Regulations, unless the context otherwise requires—
Act

means the Food Safety Act 2003;

authorised officer

means a person who has the training, knowledge, skills and ability to perform an assigned task, and who is subject to requirements specified by these Regulations;

Board

means the Central Board of Health constituted undersection 3 of the Public Health Act 1935;

catering premises

means those premises where food is offered for immediate consumption, including but not limited to restaurants, canteens, schools, hospitals, hotels and similar institutions as well as mobile or temporary vendors (where permitted) of ready-to-eat food;

claim

means any representation which states, suggests or implies that a food has particular qualities relating to its origin, nutritional properties, nature, processing, composition or any other quality;

Codex Stan 72-1981

means the standard for infant formula and formulas for special medical purposes intended for infants;

[def insrt LN 50 of 2016 reg 2, effective 23 June 2016]

Codex Stan CAC/GL 10-1979

means the advisory lists of nutrient compounds for use in foods for special dietary uses intended for infants and young children;

[def insrt LN 50 of 2016 reg 2, effective 23 June 2016]

competent authority

means the official authority charged by the Board with the control of these Regulations. The national competent authority shall also be taken to mean a “food authority” under the Act. Notwithstanding this definition, when the term “competent authority” is used in relation to the authority in another country to which Fiji is exporting or from which Fiji is importing, the competent authority shall be the official authority charged by that country to control imported or exported food;

consumer

means persons and families purchasing and receiving food in order to meet their personal needs;

container

means any packaging of food for delivery as a single item, whether by completely or partially enclosing the food and includes wrappers. A container may enclose several units or types of packages when such is offered to the consumer;

date of manufacture

means the date on which the food becomes the product as described;

date of minimum durability
(
best before
)

means the date which signifies the end of the period under any stated storage conditions during which the product will remain fully marketable and will retain any specific qualities for which tacit or express claims have been made. However, beyond the date the food may still be perfectly satisfactory;

date of packaging

means the date on which the food is placed in the immediate container in which it will be ultimately sold;

disinfection

means the reduction, without adversely affecting the food, by means of hygienically satisfactory chemical agents and/or physical methods, of the number of micro-organisms to a level that will not lead to harmful contamination of food;

follow-on formula

means an infant formula product that—

  • (a)is represented as either a breast milk substitute, or replacement for infant formula; and
  • (b)is suitable to constitute the principal liquid source of nourishment in a progressively diversified diet for infants from the age of 6 months,

and includes references to “follow-up formula” in the relevant standards;

[def insrt LN 50 of 2016 reg 2, effective 23 June 2016; am LN 19 of 2019 reg 2, effective 5 April 2019]

food additive

means any substance not normally consumed as a food by itself and not normally used as a typical ingredient of the food, whether or not it has nutritive value, the intentional addition of which to food for a technological (including organoleptic) purpose in the manufacture, processing, preparation, treatment, packing, packaging, transport or holding of such food results, or may be reasonably expected to result, (directly or indirectly) in it or its by-products becoming a component of or otherwise affecting the characteristics of such foods. The term does not include “contaminants” or substances added to food for maintaining or improving nutritional qualities;

food authority

means a local authority or any other body empowered by the Board to function as a food authority under the Act;

foods for catering purposes

means those foods for use in catering premises such as restaurants, canteens, schools, hospitals, hotels and similar institutions where food is offered for immediate consumption;

HACCP

means Hazard Analysis and Critical Control Point as defined by the Codex Alimentarius;

infant

means a person not more than 12 months of age;

infant formula

means an infant formula product that—

  • (a)is represented as a breast milk substitute for infants; and
  • (b)satisfies by itself the nutritional requirements of infants under the age of 4 to 6 months;

[def insrt LN 50 of 2016 reg 2, effective 23 June 2016]

infant formula product

means a product based on milk or other edible food constituents of animal or plant origin which is nutritionally adequate to serve by itself either as the sole or principal liquid source of nourishment for infants, depending on the age of the infant;

[def insrt LN 50 of 2016 reg 2, effective 23 June 2016]

lot

means a definitive quantity of a commodity produced essentially under the same conditions;

nutrient comparative claim

means a claim that compares the nutrient levels and/or energy value of 2 or more foods such as, but not limited to, “reduced”; “less than”; “fewer”; “increased”; “more than”;

nutrient content claim

means a claim that describes the level of a nutrient contained in a food such as, but not limited to, “source of calcium”; “high in fibre and low in fat”;

nutrient function claims

means a health claim that describes the physiological role of the nutrient in growth, development and normal functions of the body;

packaged

means packed in a container;

potable water

is fresh water fit for human consumption. Standards of potability should not be lower than those contained in the latest edition of the “International Standards on Drinking Water” of the World Health Organization;

pre-term formula

means an infant formula product specifically formulated to satisfy particular needs of infants born prematurely or of low birthweight;

[def insrt LN 50 of 2016 reg 2, effective 23 June 2016]

processing aid

means a substance or material, not including apparatus or utensils, and not consumed as a food ingredient by itself, intentionally used in the processing of raw materials, foods or its ingredients, to fulfill a certain technological purpose during treatment or processing and which may result in the non-intentional but unavoidable presence of residues or derivatives in the final product;

protein substitute

means—

  • (a)L-amino acids;
  • (b)the hydrolysate of one or more of the proteins on which infant formula products are normally based; or
  • (c)a combination of L-amino acids and the hydrolysate of one or more of the proteins on which infant formula products are normally based;

[def insrt LN 50 of 2016 reg 2, effective 23 June 2016]

soy-based formula

means an infant formula product in which soy protein isolate is the sole source of protein;

[def insrt LN 50 of 2016 reg 2, effective 23 June 2016]

spices

means spices including dried aromatic plants and relates to natural dried components or mixtures thereof, used in foods for flavouring, seasoning and imparting aroma. The term applies equally to spices in the whole, broken or ground form.

use-by date
(
recommended last consumption date
,
expiration date
)

means the date which signifies the end of the estimated period under any stated storage conditions, after which the product probably will not have the quality attributes normally expected by the consumers. After this date, the food shall not be regarded as marketable; and

vegetables

means vegetables including mushrooms and fungi, roots and tubers, pulses and legumes and aloe vera.