The new Regulations relating to the labelling and advertising of foodstuffs published by the Minister of Health in terms of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act 54 of 1972), came into effect today, 1 March 2012.
These Regulations were published in Government Notice No. R.146 on 1 March 2010 and initially provided for a grace period of 12 months to allow the food industry the opportunity to change the labels of their products, where applicable. On the request of industry, the Minister granted an extension of the implementation date for a further 12 months.
The mentioned extension was granted due to legitimate logistical and operational challenges encountered by industry to comply with the provisions of the new regulations in time before the original date expired.
The new Regulations are aimed at, among others, to ensure that consumers are provided with nutritional, compositional and other information related to foodstuffs manufactured, imported and sold in South Africa.
The information in question will assist consumers in making informed choices regarding the foodstuffs they purchase. It will further ensure that consumers are not being misled by unscrupulous manufacturers, importers or sellers of foodstuffs covered by the provisions of the mentioned Act and the new Regulations.
All foodstuffs manufactured from 1 March 2012 should comply with the new Regulations, where applicable, and the following are some of the important provisions included in the regulations:
- Foodstuffs should be described in such a manner that the information related to the contents and/or composition of a product is indicated in close proximity to the name thereof on the main panel of the packaging in letter sizes as prescribed by the regulations. The description should be legible and the contents should not be misleading and/or aimed at deceiving consumers. This provision relates to for example, products such as quick frozen chicken portions to which a brine-based mixture has been added as an ingredient.
- The inclusion of date markings such as ‘best before’; ‘sell by’; and ‘use by’ on the packaging of pre-packaged foodstuffs, to inform consumers of the freshness and suitability status of foodstuffs at the time of purchase.
- Details of the country and/or countries of origin, or where the foodstuffs have been produced.
- Criteria for certain nutritional claims such as for example, ‘high in fibre’, ‘low fat’, ‘sugar free’, etc., as well as in these instances, the mandatory inclusion of a nutritional table in a prescribed format to substantiate/support such claims.
- The inclusion of information referred to as: ‘Quantitative Ingredient Declaration’, or QUID, which will ensure that consumers are made aware of the amount of a certain ingredient or ingredients emphasised on the label of a foodstuff, are present therein, for example, a product described on the label as an ‘olive oil spread’, the percentage of olive oil present in the product should be indicated in the list of ingredients. In the case of raw processed meat products such as quick frozen chicken portions to which a brine-based mixture has been added as an ingredient, the percentage of chicken and of the brine-based mixture should be declared on the main panel of the packaging.
- The approval by the Director-General of the Department of Health of endorsement entities, such as Weigh Less, CANSA, Diabetes SA, etc., to allow industry to include the logos of these entities on the labels of their products, in support of or to promote certain nutritional or diet related characteristics of the products concerned.
- The inclusion of requirements regarding the declaration of common food allergens such as peanuts, tree nuts, soya and dairy products, wheat gluten, etc., present in foodstuffs, including as an ingredient in processed foodstuffs, as well as detailed guidelines to assist industry in this regard.
The enforcement of the new Regulations is the responsibility of the Environmental Health Practitioners (EHPs), employed by the Municipal Health Services of the metro and district municipalities. Consumers and others should bring it to the attention of the mentioned services where problems regarding non-compliance to the new Regulations are encountered, for their further investigation and to take remedial action if required.
In the event of non-compliance, municipalities will serve notices on the manufacturers and/or sellers concerned, allowing them an opportunity to comply with the relevant requirements. In the event of non-compliance persisting, further steps could be considered, including prosecuting the person(s) concerned in a court of law.
The Directorate: Food Control of the National Department of Health will support municipalities regarding the interpretation and/or clarification of the provisions of the new Regulations, as well as with regard to the contents of labels, where required. The same support will be provided to the Port Health Services of the nine provinces, who are responsible for the control of imported foodstuffs.
It is important to note that neither the Act nor the new Regulations make provision for either the Department of Health or the relevant provincial and/or municipal authorities to grant a further extension or concession regarding compliance to the provisions of the new Regulations.
For further information, please contact the Directorate: Food Control of the Department of Health.
