Regulations related to Labelling and Advertising of Foodstuffs (No. R146 of 1 March 2010) CGCSA (FSI) Food Labelling and Advertising Workshop 9 September 2020 Directorate: F o od Control Malose Daniel Matlala Malose.Matlala@health.gov.za
Topics to be covered… • Which Regulations are covered under Foodstuffs, Cosmetics & Disinfectants Act (Act 54/1972)? • R.146: Changes pertaining to: – Regulations and Annexures – Guidelines (as amended) – Amendments published 19 Nov 2010 – Amendments published 19 Jan 2012. • How does one decide where a product falls (between general label or Agricultural Product standards Act) • What is not allowed in the label (misleading terms and markings/pictures)? • Do I need nutritional table on all products? • Do I need accredited lab for tests to support my nutritional table.? • When does one have to redo tests (nutritional table related)? • Additives, preservatives, sweeteners, antioxidants, colourants etc.: which ones are allowed and those not specified are they allowed to be used/Alignment with GFSA?
WHAT IS FOOD LABELLING ? ▪ A strategy used by government to convey essential and relevant labelling information between food manufactures, industries and consumers. 3
CURRENT REGULATIONS AND GUIDELINES Published under FCD Act (Act No. 54 of 1972) as amended • Regulations: R146 of 1 March 2010 – came into effect March 2012 • Amendments: – (No. R1091 of 19 November 2010) and – (No. R45 of 19 January 2012) • Guidelines: Version 1 of September 2012 • Status of R429 Draft Regulations????
No. R1091 of 19 November 2010 • To extend the date to come into force (Reg 9(b) • Exemption for physical address for imported products (Regulation 10) – to address country of origin in case of imported single ingredient agricultural commodities in bulk, where owing to climatic, seasonal or other contingencies, the words “Product of (name(s) of country( ies)) separated by the expression “and/or”, in cases where more than one country • Regulation 13(a)(ii): Prohibited statement “… other organisations accredited by SANAS to certify certain quality aspects of foodstuffs and the safety thereof…,”, following the wording in brackets “…excluding religious certifying organizations
No. R45 of 19 January 2012 • Amendments of definitions – address, flour confectionary, glycaemic carbohydrates and carbohydrates, speciality breads, reference to SAHPRA on novel fibres, retaining of Reg 3(14)(a) of R2034. • Reg 38(2) – reference to rephrase to include the declaration of Sulphur Dioxide irrespective of levels • Reg 47 (1) to omit reference to “organic’ DALRRD is responsible for the publication of Regulations on organic harming processes and the when the claim “organic” may be permitted. The word “organic” for use as a claim on food labels, has therefore been deleted in Regulation 47(1) until such time that the Agricultural Products Standards Act of 1990 has been amended 6
Guidelines: Version 1 of September 2012 • Classification of Carbohydrates • Allergen risk analysis and Allergen control policy (ACP) • Rules on Quantitative Ingredient Declarations (QUID) - requirement to give QUID declarations will in principle apply to all food, including beverages, which contains more than one ingredient. • List of Category Names under the APS Act (ACT 119 OF 1990) and NRCS Act in which the words “REDUCED” or “LIGHT” or any other word indicative of a comparative or a nutrient content claim appears, which is not regarded as a comparative or nutrient content claim • Sampling procedure for the purposes of generating nutrition data by analysis and verification • Product information in terms of ingredient/additives traceability (Reg 5) • Misleading statements - Criteria for the use of the terms such as fresh; pure; natural; etc. In food labeling
How does one decide where a product falls (between general label or agricultural product standards Act) • Most of the provisions for the Regulations published under the FCD Act are of General nature. The regulations are not commodity inclined as such any product which is not regulated in terms any food legislation will automatically fall under the FCD Act. • The provision of the different legislations will make reference to Regulations published under the FCD Act • The APS Act or NRCS Act will have Regulations or Compulsory Specifications for particular products. All products NOT regulated will fall under the FCD Act (e.g. Beer)
Regulation 7 - presentation • Information shall be in English (mandatory) and where possible, one other of SA languages
GOOD example: 10
BAD example 11
Regulation 7 …. • All info shall be- – Clearly visible ; – Easily legible ; – Indelible; and – Legibility may not be affected by picture or any thing else , whether it is something that is printed or something else such as the way a package is folded
Date Marking • The current Regulations Related to the Labelling and Advertising of Foodstuffs, R146 of 1 March 2010, as amended by notices R1091 of 19 November 2010 and R45 of 19 January 2012, makes provisions for date markings on foodstuffs, in particular • Regulation 12 related to the use of date markings, remains clear that …. “No person shall import, manufacture, sell, distribute or donate a foodstuff unless a date marking is clearly indicated on the label or container of such foodstuff, except for the following foodstuffs which are exempted" Date may not be altered or removed by any person!!!!!! 13
Date Marking • The current Regulations Related to the Labelling and Advertising of Foodstuffs, R146 of 1 March 2010, as amended by notices R1091 of 19 November 2010 and R45 of 19 January 2012, makes provisions for date markings on foodstuffs, in particular Date of minimum durability (“Best before” or Best before end”); i. “Sell by” or “Display until”; i. “Use by” (Best Consumed Before, Recommended Last i. Consumption Date, Expiry Date). NB: Although the different dates are self-explanatory, there has been mis- interpretation on the intended application of these dates.
Date Marking – Best Before The dates "Best Before" and " Expiry date" are defined as follows in R146: • “date of minimum durability” (“Best Before” or “Best Before End”) 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 ; • The latest definition by Codex says ... “Best Before Date” or “Best Quality Before Date” means the date which signifies the end of the period, under any stated storage conditions, during which the unopened product will remain fully marketable and will retain any specific qualities for which implied or express claims have been made. However, beyond the date the food may still be acceptable for consumption. Both R146 and Codex are clear that foodstuffs may still be acceptable for consumption …Question remains - can the product still be sold? What if the consumer does not want it in terms of CPA Act?
Date marking – Expiry Date • “Use by” (Best Consumed Before, Recommended Last Consumption Date, Expiry Date) means the date which signifies the end of the estimated period under the stated storage conditions, after which the product probably will not have the quality attributes normally expected by the consumers and after which date the food should not be regarded as marketable; • The latest Codex says... “Use - by Date” or “Expiration Date” means the date, which signifies the end of the period under any stated storage conditions, after which the product should not be sold or consumed due to safety and quality reasons. The interpretation of the "Expiry date" in our opinion, would then be that the products cannot be sold.,,,,, then look at the definition of sell/sale in the FCD Act
Date Marking - exempted foodstuffs • The exempted foodstuffs are in Annexure 4 and include: – Any alcoholic beverage as described in the Liquor Products Act, 1989 (Act 60 of 1989); – Chewing gum; – Confectionary products consisting of flavoured and/or coloured sugars; – Fresh fruits and vegetables which have not been peeled or cut or similarly treated; – Processed meat products such as biltong and dried sausage which have not been pre- packed; – Honey, except for the date the honey was pre-packed; – Ready-to-eat flour confectionary, provided that the date of manufacture is indicated on the label or in the direct vicinity where the products are displayed; – Sugars; – Unprocessed, unpacked fish, unprocessed, unpacked meat and poultry which have not been pre-packed; – Vinegar.
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