lifestyle
26 July 2007
The new draft regulations relating to the labelling and advertising of
foodstuffs have been published by the Minister of Health in terms of the
Foodstuffs, Cosmetics and Disinfectants Act, (Act 54 of 1972), for public
comment for a period of three months in the Government Gazette No 30075 on 20
July 2007.
The current regulations on the advertising and labelling of foodstuffs,
(R2034) were promulgated in 1993 and have to be replaced to strengthen
effectiveness, close all known 'loopholes' and incorporate new developments in
scientific research as well as in international codex standards and
guidelines.
The draft regulations focus on several strategies to improve public health
through healthy food choices and improved nutrition through special food
formulations, which are based on the latest available scientific evidence. As
the health literacy rate of our population increases, so does the importance of
food labelling and the role that it can play in assisting consumers with
reliable label information to make informed choices about healthier food
options. Healthier food choices are an integral part of a healthy
lifestyle.
The regulations made provision for an extensive list of new and amended
definitions, mandatory date markings on most foods, as well as the indication
of the country of origin and batch identification. Other amendments relate to
specific conditions for nutritional information on food labels.
A better and more detailed guidance in terms of prohibited statements has
been incorporated to deal with challenges of consumer deception and use of
misleading information.
The regulations also seek to implement the Food and Agriculture Organisation
and World Health Organisation's Global Strategy on diet, physical activity and
health. As part of the implementation of the strategy, the Department of Health
identified foods that are not regarded as essential for a healthy lifestyle
(see Annexure 6). The use of health and nutrition claims for such foods is
prohibited and these foods cannot be advertised to children and on school
premises, etc.
The regulations also set extensive conditions and criteria for nutrition and
health claims on certain food labels and/or their advertising.
The regulations deal specifically with health and nutrition claims with the
aim of ensuring more honest and responsible food labels and marketing
practices. They are intended to promote consumer education by either
highlighting particular nutritional content of food in a responsible manner or
by indicating the role of a particular food or food component or nutrients in
the maintenance of health. The criteria for all categories of nutrition claims
(nutrient content, glycaemic index and comparative claims) and health claims
(function, enhanced function, reduction of disease risk, probiotics, prebiotics
and slimming claims), level the playing field for all food manufacturers and
ensure the quality and reliability of information that is intended for
consumers.
The list of common allergens is extended from 2 to 9 different allergen
categories, which most commonly affect the general population and strict
conditions and criteria have been included in the regulations to ensure
responsible manufacturing and labelling practices in this regard.
The Department of Health urges all role players, including manufacturers and
consumer groups and the general public, to consider these regulations and
submit their input to the Department. (Copies of the draft regulations are
available from the Government Printers).
Annexure 6
Foodstuffs not considered essential for diet and for which no nutrient
content, GICONSID, Glycaemic Index (GI), certain comparative, health, slimming
or any other claim with a health or nutritional message will be permitted.
Beverages
* carbonated or uncarbonated soft drinks intended to be consumed cold, which
contain sweetener(s) and additives in any form (e.g. powders, concentrates or
ready-to-drink type etc.)
* fruit nectars
* soft drinks bearing the word 'energy' or 'sport' or 'power' in any way on the
label, with or without caffeine
* iced teas in any form (e.g. powders, concentrates or ready-to-drink type
etc.), which contain sweetener(s) and additives
* powders to prepare hot or cold beverages for which any one or more of the
following criteria apply:
* contain more than 10 g sugar per single serving
* contain fully or partially hydrogenated fat
* contain any non-nutritive sweetener(s)
* contain any artificial colourant(s).
Sweet biscuits and flour confectionary
* all sweet, dry biscuits, unless-
* the biscuit has been specifically developed and formulated for the purpose
of preventing or correcting a demonstrated nutrient deficiency as recognised by
the Department
* the impact of the special biscuit on the target population/group has been
scientifically evaluated by at least one human intervention trial
* written proof of the outcome has been published in an acceptable medical or
nutrition journal or reported at a national nutrition congress
* a request for approval accompanied by the above mentioned documentation has
been granted by the Directorate: Food Control prior to retail market
appearance
* all cakes
* other sweet flour confectionary such as muffins, doughnuts, sweet pastries
and others, unless the product is high in fibre and has a low Glycaemic Index
value
* sweet tarts.
Candies and chocolate confectionary
* all chocolate confectionary
* all sugar confectionary, including toffees
* chewing gum
Fast foods
Any fast food meal of which any one or more of the following criteria
apply-
* which contains any trans fats
* of which the main carbohydrate component of the meal (e.g., bread bun of a
hamburger) has a high Glycaemic Index value
* has a fibre content of less than 3 g per 100 g end product
* has a salt content of 1,25 g salt per 100 g end product or more
* has a saturated fat content of more than 5 g per 100 g end product
* which has been prepared/cooked in a vegetable oil that has been subjected to
any of the following processes: any form of heat treatment, degumming,
refining, bleaching and deodorising.
Savoury foodstuffs
* ready-to-eat savoury snacks such as potato crisps, extruded or expanded
maize snacks etc
* ready-to-eat dips or dip powders intended to be reconstituted with a fat
content of more than 3 g per 100 g
Desserts
* baked type desserts, with a fat content of more than 10 g per 100 g and a
sugar content of more than 15 g per 100 g
* chilled, ready-to-eat desserts
* ice cream, frozen yoghurt, frozen desserts, frozen treats, sorbets, edible
ices and any other similar product containing more than 20 g per 100 g
carbohydrates and/or more than 3 g total fat per 100 g
* instant dessert powders
* jellies.
Other
* any vegetable oil that has been subjected to any of the following
processes: any heat treatment, de-gumming, refining, bleaching and deodorizing,
and packed in see-through plastic containers
* commercially prepared meat pies and sausage rolls and pies wit a savoury
filling
* dry soup powders
* flavoured fat spreads or margarine
* spreads, toppings, glazes or filling sold as such for cakes, desserts and
tarts
* 'health' bars, breakfast bars, seed bars or energy bars with a sugar content
more than 10 g per bar, a saturated fat content of more than 1 g per 100 g or
any trans fat
* fruit bars, fruit roles or fruit flakes with any added sugar, non-nutritive
sweeteners and/or added fat
* margarines and fat spreads containing any hydrogenated or interesterified
plant oil
* manufactured meat products, unless at least compliant with the condition for
lean/trim and low in sodium
* mayonnaise
* non-nutritive table sweeteners
* ready-to-eat candy breakfast cereals with a sugar content of 15 g or more per
100g
* sugar (white, yellow, brown), castor sugar, icing sugar, et cetera.
* sweetened, condensed milk
* syrups, excluding molasses
* tea creamers and coffee creamers
* foodstuffs (solids and liquids) sweetened with added fructose.
Annexure 6 should be utilised in conjunction with the following section from
the draft:
(2) A foodstuff not regarded essential as part of a healthy diet and healthy
lifestyle as listed in Annexure 6, �
* shall not be enriched with any nutrient(s) for the purpose of making a
nutrition or health claim on the label of such foodstuff: Provided that if any
nutrient(s) is(are) added, the fact of the addition of the nutrient shall only
be reflected in the list of ingredients and in the nutritional information
table
* subject to regulation 59, shall not make any comparative, nutrient
content, Glycaemic Index (GI), diabetic, health or any other claim with a
health of nutritional message whatsoever in the advertising or on the label of
such foodstuff irrespective of whether a nutrient(s) was(were) added or
not
* subject to regulation 68, shall not make a slimming claim or claim with a
similar meaning
* shall provide the nutritional information according to the format stipulated
in point 1 of Annexure 2, provided that where, in the case of a foodstuff
listed in Annexure 6-
* none of the ingoing ingredients contain any fat or trace thereof; the total
fat, saturated fat and trans fat values need not be analysed but shall merely
be indicated as '0' wherever it is appropriate in the table with nutritional
information
* sugar is the only ingoing ingredient that contains any carbohydrates, the
sugar need not be analysed but may be calculated per 100 g/ml and per serving
from the ingoing amount in the recipe
* shall not advertise in any manner, including the label of a foodstuff, to a
child younger than 16 years or use a child actor younger than 16 years or use
any cartoon-type character or puppet, computer animation or similar strategy or
token or gift, in order to encourage the use of such foodstuff
* shall bear the following statement on the main panel of the label in bold
letters 'Use in moderation only since excessive consumption on a regular basis
may lead to an unhealthy increase in weight/ obesity' or 'regular consumption
not recommended for a healthy diet' shall not advertise or promote in any
manner any foodstuff listed in Annexure 6 in any school tuck shop or on any
school or pre-school premises.
For more information:
Sibani Mngadi
Cell: 072 772 0161
Charity Bhengu
Cell: 083 679 7424
Issued by: Department of Health
26 July 2007
