Regulations related to Labelling and Advertising of Foodstuffs (No. - - PowerPoint PPT Presentation
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
CGCSA (FSI) Food Labelling and Advertising Workshop 9 September 2020
Directorate: Food Control Malose Daniel Matlala Malose.Matlala@health.gov.za
Regulations related to Labelling and Advertising of Foodstuffs (No. R146 of 1 March 2010)
54/1972)?
– Regulations and Annexures – Guidelines (as amended) – Amendments published 19 Nov 2010 – Amendments published 19 Jan 2012.
standards Act)
allowed and those not specified are they allowed to be used/Alignment with GFSA?
▪ A strategy used by government to convey essential and relevant labelling information between food manufactures, industries and consumers.
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– (No. R1091 of 19 November 2010) and – (No. R45 of 19 January 2012)
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
accredited by SANAS to certify certain quality aspects of foodstuffs and the safety thereof…,”, following the wording in brackets “…excluding religious certifying organizations
carbohydrates and carbohydrates, speciality breads, reference to SAHPRA on novel fibres, retaining of Reg 3(14)(a) of R2034.
Dioxide irrespective of levels
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
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give QUID declarations will in principle apply to all food, including beverages, which contains more than one ingredient.
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
analysis and verification
pure; natural; etc. In food labeling
How does one decide where a product falls (between general label or agricultural product standards Act)
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.
Regulations published under the FCD Act
Specifications for particular products. All products NOT regulated will fall under the FCD Act (e.g. Beer)
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– 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
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
“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"
13 Date may not be altered or removed by any person!!!!!!
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 i. Date of minimum durability (“Best before” or Best before end”); i. “Sell by” or “Display until”; i. “Use by” (Best Consumed Before, Recommended Last Consumption Date, Expiry Date). NB: Although the different dates are self-explanatory, there has been mis- interpretation on the intended application of these dates.
The dates "Best Before" and "Expiry date" are defined as follows in R146:
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;
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, 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;
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
– 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.
adopted the following text
date marking shall apply, unless clause 4.7.1(vii) applies:
When a food must be consumed before a certain date to ensure its safety and quality the “Use by Date” or “Expiration Date” shall be declared.
Where a “Use-by Date” or “Expiration Date” is not required, the “Best- Before Date” or “Best Quality-Before Date” shall be declared.
(iii)
The date marking should be as follows: – On products with a durability of not more than three months; the day and month shall be declared and in addition, the year when competent authorities consider consumers could be misled. – On products with a durability of more than three months at least the month and year shall be declared.
The date shall be introduced by the words: – “Use-by ” or “Expiration Date ” or “Best before ” or “Best Quality Before ” as applicable where the day is indicated; or – “Use-by end ” or “expiration date end ” or “Best before end ”; or “Best Quality Before end ” as applicable in other cases.
The words referred to in paragraph (iv) shall be accompanied by: – either the date itself; or – a reference to where the date is given.
The day and year shall be declared by uncoded numbers with the year to be denoted by 2 or 4 digits, and the month shall be declared by letters or characters or numbers. Where only numbers are used to declare the date or where the year is expressed as only two digits, the competent authority should determine whether to require the sequence of the day, month, year, be given by appropriate abbreviations accompanying the date mark (e.g. DD/MM/YYYY or YYYY/DD/MM).
(vii)
Provided that food safety is not compromised, the provision in 4.7.1 (i) or 4.7.1 (ii) is not required for a food if one or more of the following criteria apply: – Where safety is not compromised, and quality does not deteriorate because the nature of the food is such that it cannot support microbial growth (e.g. alcohol, salt, acidity, low water activity under intended or stated storage conditions. – Where the deterioration is clearly evident by physical examination at the point of purchase, such as raw fresh produce that has not been subject to processing and presented in a manner that is visible to the consumer. – Where the key/organoleptic quality aspects of the food are not lost. – Where the food by its nature is normally consumed within 24 hours of its manufacture, such as some bakers’ or pastry-cooks’ wares.
fresh fruits and vegetables, including tubers, which have not been peeled, cut or similarly treated, wines, liqueur wines, sparkling wines, aromatized wines, fruit wines and sparkling fruit wines, alcoholic beverages containing at least 10% alcohol by volume, bakers’ or pastry-cooks’ wares which, given the nature of their content, are normally consumed within 24 hours of their manufacture, vinegar, non-iodized food grade salt. non-fortified solid sugars, confectionery products consisting of flavoured and/or coloured sugars, chewing gum.
No reference to any persons from any of the health or allied health practitioners, e.g.
– Health, healthy – Nutritious – Wholesome – Balanced nutrition – Complete nutrition
product to cure or remedy for disease
– Applicable to mixtures: nuts, fruit, vegetables – Where no particular nut, fruit etc predominates significantly in terms of mass – Use “in variable proportions”
quality of an emphasized ingredient in any manner (expressed as a %) – Example: Olive oil margarine
– Close proximity to emphasis (words, illustrations or graphics) – Directly after name or descriptor (main panel) – After characterising ingredient in list of ingredients
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Name: Simba NIK NAKS Ingredients: ….., cheese (0.I%),….
regarding-
– Contents of container – Origin – Quality – Nutritive value – Nature – Other properties
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antioxidants, colourants. The current process is for all these additives to be re-aligned with the GSFA. This is in line with the intention by Codex to even have the commodity standards aligned to the GSFA.
chloride)
spices, as appropriate
Refer to Regulation 48 and Guideline 8 (relevant to Vegetarian claim and additives that may be from animal [including insects] origin
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flavoured or x flavouring (e.g. strawberry flavour/flavoured/flavouring)
Preservatives may not be indicated by category name as applicable for other additives (Annexure 1)
▪ Less than 10 ppm: exempted from declaration ▪ Sulphur dioxide (SO²) or related compounds (e.g., Sodium bisulphite etc) – must be declated irrespective of level, ▪ Added Monosodium Glutamate/MSG (flavour enhancer)
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Nutritional information: Regulation 50 (1 – 13)
no claims are made. The regulation also provides for the format to be used and this is made available in Annexure 2. The Nutritional table becomes mandatory when claims are made and the information would be real typical values as determined by analysis
requirements been met [Reg 50(13)(c)]
(Annexure 2)
appropriate
(TYPICAL) NUTRITIONAL INFORMATION (as packed /ready-to-eat)
Per 100 g/ml Per single serving Energy (kJ) Protein (g) Glycaemic carbohydrate / carbohydrate (g)
Total fat (g) Saturated fat (g) ** Total dietary fibre (g) ** Total Sodium (mg) (mandatory)
(g) (optional)
be declared in accordance with these Regulations
vitamins, minerals, others. Indicated in grams (g), milligrams (mg), micrograms (mcg/ μg), or appropriate unit of measurement)
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provision in case where in-house laboratory analysis, food composition data, or calculations made from information in the ingredient profile data (Guideline 7), can be used. The source of the data in the case where no claim was made but nutritional information was provided voluntarily by the manufacturer as indicated by sub-regulation 50(13).
prepared for the nutritional information table for labelling purposes, the nutrient value declared in the table with nutritional information, shall be rounded off appropriately as indicated in Annexure 6.
curser to stand on "programmes…"
the curser to stand on "health regulations &....."
the curser to stand on "Food control,..." and click on "Food control, …". That will take you to the web page of the Directorate: Food Control of the Department of Health.
window with all the Regulations as well as the Act and new draft Regulations published for public comments will open - click on any Regulation [e.g., R146/2010] to open document.
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Labelling related queries Ms Antoinette Booyzen Antoinette.Booyzen@health.gov.za Ms Anna Godzwana Anna.Godzwana@health.gov.za