foodstuffs
17 February 2009
The regulations relating to maximum levels for melamine in foodstuffs have
been published in the Government Gazette on 28 January 2009, by the Minister of
Health in terms of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act
54 of 1972). The regulations have been published as a draft and interested
parties are invited to submit substantiated comments or representations on the
contents to the Director-General (DG) of the Department of Health (DoH), for
attention: Directorate: Food Control by not later than 28 April 2009.
The publication of the regulations is in response to the food safety
incident that occurred during the second half of 2008 in China. The health of a
large number of infants was affected by the consumption of dairy products
manufactured from fresh milk intentionally contaminated with high levels of
Melamine as a masking agent for the addition of water to the milk, by
unscrupulous persons in China, which also resulted in a number of infant
deaths.
South Africa was not directly affected by the incident that occurred in that
country, as indicated through the analysis of a number of samples of foodstuffs
containing dairy as an ingredient originating from China, of which only a
sample of white rabbit sweets tested slightly above acceptable levels for
melamine.
Through the monitoring and control measures applied by health authorities
locally during that time, it was, however, discovered in November 2008 that
some of the locally manufactured foodstuffs intended for infants and young
children contained melamine slightly above the internationally accepted cut off
levels. The cause of the contamination was established to be maize gluten
originating from China used in the manufacturing of animal feed supplied to a
small number of dairy farmers in a specific area in the country.
Although not a significant threat to public health, the levels found was
above the internationally accepted levels for the presence of melamine in the
foodstuffs in question and steps were taken as a precautionary measure, by the
manufacturer and the health authorities to ensure the removal of the specific
batches of the products concerned from the market place in South Africa.
Once finalised, the regulations will ensure that manufacturers and importers
of foodstuffs in South Africa will have clarity on the legal limits set for the
presence of Melamine in their products, It will also further strengthen the
monitoring and control measures applied by the environmental health
practitioners employed by the provinces for imported foodstuffs and by the
metro and district municipalities for locally manufactured foodstuffs.
The draft regulations stipulates that any foodstuff containing Melamine at a
level above one milligram per kilogram for foodstuffs intended for children
under 36 months of age and foodstuffs for special dietary uses, and 2,5
milligram per kilogram for all other foodstuffs, are deemed to be contaminated,
impure or adulterated.
Any melamine levels found in foodstuffs above these proposed legislated
levels will constitute a criminal offence in terms of the Act if such
foodstuffs are manufactured, sold or imported in South Africa. The mentioned
levels are also in line with those set by a number of countries in their
legislation, including Australia, Canada and the European Union (EU). It was
further confirmed by the World Health Organisation (WHO) that the levels are
adequate to ensure sufficient protection of the health of consumers, as
confirmed by a meeting of experts convened by the WHO that took place in Canada
in December 2008.
Further information as well as a copy of the draft regulations can be
obtained from the Directorate: Food Control. The draft regulations are also
available on the webpage of the Directorate at: http://www.doh.gov.za/department/dir_foodcontr-f.html
For more information please contact:
Fidel Hadebe
Cell: 079 517 3333
Issued by: Department of Health
17 February 2009
