Non-Tariff Barriers

Non-Tariff Measure

NTM classification

A31: Labelling requirements 

Date when the measure came into force

11 April 2003 

Publication where the measure is specified

Laws of Botswana Chapter 65:05 Food Control 

Regulation where the measure is specified

Labelling of Prepackaged Food Regulations 

Country/Region applying the measure

Botswana 

The rationale of the measure

No specific objective stated 

Coded list of objectives

X: For purposes n.e.s. 

Description of the measure

4. General principles
(1) No person shall-
(a) import, distribute, sell or offer for sale prepackaged food unless it is labelled in accordance with the provisions of these Regulations;
(b) import, distribute, sell or offer for sale, any food-
(i) whose expiry date has lapsed,
(ii) whose expiry date , best before date, or sell by date has been obliterated or
forged, or
(iii) whose label has been altered, obliterated or removed;
(c) describe or present prepackaged food on any label or in a labelling manner which is false, misleading, deceptive or is likely to create an erroneous impression regarding its character in any respect; or
(d) describe or present prepackaged food on any label or in any labelling by words, pictorial or other devices which refer to or are suggestive either directly or indirectly, of any other product which such food might be confused with, or in such a manner as to lead the purchaser or consumer to suppose that the food is connected with such other product.
(2) Where a claim is made that a food is suitable or has been specially made for fulfilling a particular nutritional requirement, that claim shall comply with nutritional labelling regulations.
5. Information on label of prepackaged goods
Except to the extent otherwise provided in other regulations published under the Act, the following information shall appear on the label of prepackaged food as applicable to the food being labelled-
(a) the name of the food;
(b) the list of ingredients in it;
(c) the net contents and drained mass;
(d) the name and address of the manufacturer, packer, distributor, importer, exporter or supplier;
(e) the country of origin of the food;
(f) lot identification;
(g) date marking and storage instructions;
(h) the instructions for use;
(i) quantitative labelling of ingredients in accordance with regulation 14; and
(j) where the Government has established grades for a particular food product, the grade designation.
6. Name of the food
(1) The name of prepackaged food shall be declared on the label, shall indicate the true nature of the food and shall be specific and not generic in accordance with these Regulations.
(2) Where a name has been established for a food in regulations published under the Act, that name shall be used.
(3) In the absence of a specific name for the food, a common or usual name, existing by common usage as an appropriate descriptive term which shall not be misleading or confusing to the consumer shall be used.
(4) There shall appear on the label, either in conjunction with or in close proximity to, the name of the food, such additional words or phrases as are necessary to avoid misleading or confusing the consumer in regard to the true nature and physical condition of the food including, but not limited to the type of packaging medium, style and the condition or type of treatment it has undergone, for example whether it is dried, concentrated, reconstituted or smoked.
(5) A coined, fanciful, brand name, or trade mark may be used on the label of any food provided that it accompanies one of the names provided in subregulations (1), (2) and (3).
7. List of ingredients
(1) Except for single ingredient foods, a list of ingredients shall be declared on a label
placed on any food.
(2) The list of ingredients shall be headed or preceded by an appropriate title which consists of or includes the term ingredient.
(3) All ingredients in any food shall be listed in descending order of ongoing proportion by mass at the time of manufacture of the food.
(4) Where an ingredient is itself the product of two or more ingredients, the compound ingredient shall be declared as such in the list of ingredients in the food and shall be accompanied by a list in brackets of its ingredients in descending order of proportion by mass.
(5) Water added to any food shall be declared in the list of ingredients except where the water forms part of an ingredient, such as brine, syrup or broth, used in any compound food and declared as such in the list of ingredients.
(6) Water or other volatile ingredients evaporated in the course of the manufacture of food need not be declared.
(7) In the case of dehydrated or condensed foods which are intended to be reconstituted by the addition of water only, the ingredients may be listed in order of proportion by mass in the reconstituted product when prepared in accordance with the directions on the label.
(8) A specific name shall be used for ingredients in the list of ingredients in accordance with the provisions set out in regulation 6 except that-
(a) the class names used for ingredients shown in the First Schedule, may be used for the ingredient falling within the classes therein;
(b) notwithstanding paragraph (a), pork fat, lard and beef shall always be declared by their specific names;
(c) in the case of food additives falling in the respective classes and appearing in lists of food additives permitted for use in foods generally, the following class titles shall be used together with the specific name or recognised numerical identification-
(i) acidity regulator,
(ii) acids,
(iii) anti-caking agent,
(iv) anti-foaming agent,
(v) antioxidant,
(vi) bulking agent,
(vii) colour,
(viii) colour retention agent,
(ix) emulsifier,
(x) emulsifying salt,
(xi) firming agent,
(xii) flour treatment agent,
(xiii) flavour enhancer,
(xiv) foaming agent,
(xv) gelling agent,
(xvi) glazing agent,
(xvii) humectants,
(xviii) preservative,
(xix) propellant,
(xx) raising agent,
(xxi) stabiliser,
(xxii) sweetener, and
(xxiii) thickener;
(d) the following class titles of food additives may be used for food additives following in the representative classes of food additives and appearing in lists of food additives
permitted generally for use in foods-
(i) flavours and flavourings, and
(ii) modified starches; and
(e) the expression "flavours" may be qualified by "natural", "nature identical", or "artificial".
(9) A food additive that is carried over from raw materials into food in a quantity sufficient to perform a technological function in that food when it is used, shall be included in the listed ingredients.
(10) A food additive or a processing aid that is carried over from raw materials into food in a quantity not sufficient to perform a technological function in that food when it is used is exempt from declaration in the list of ingredients.
(11) The following foods and ingredients which are known to cause hypersensitivity to certain individuals, shall always be declared-
(a) cereals containing gluten i.e. wheat, rye, barley, oats, or their hybridised strains and products;
(b) crustacea and crustacea products;
(c) eggs and egg products;
(d) fish and fish products;
(e) peanuts and peanut products, soy beans and soy bean products;
(f) milk and milk products including lactose;
(g) tree nuts and nut products; and
(h) sulphite in concentrations of 10mg/kg or more.
8. Net contents and drained mass
(1) The net contents of food shall be declared in the metric system or International System of units (hereinafter referred to as S.I. units) and in the following manner-
(a) for liquid food, by volume or mass;
(b) for solid food, by mass; and
(c) for semi-solid or viscous food, either by mass or volume.
(2) Food packed in a liquid medium shall carry a declaration in the metric system or SI units of the drained mass of the food.
(3) For the purposes of this regulation, liquid medium means water, aqueous solutions of sugar or salt, fruit or vegetable juices in canned fruit or canned vegetables only, or vinegar.
9. Name and address of manufacturer, etc.
The name and address of the manufacturer, packer distributor, importer, exporter or
supplier of any food shall be declared on the label.
10. Country of origin
(1) The country of origin of prepackaged food shall be declared on the label.
(2) Where a food undergoes processing which changes it in nature, in a country where the initial stages of its manufacture or production did not take place, the country in which such processing is performed shall be regarded as the country of origin for the purposes of labelling:
Provided that-
(a) at least 25% of the production costs of the food is represented by materials and labour performed in that country; and
(b) the last process in the production or manufacture of the food has taken place in that
country.
11. Lot identification
Each container shall be embossed or otherwise permanently marked in code or in clear print to identify the producing factory and the lot of the prepackaged food.
12. Date marking and storage instructions
(1) Where it is not otherwise provided for in other regulations published under the Act, any of the following date markings shall apply the representative classes of food additives and appearing in lists of food additives
permitted generally for use in foods-
(i) flavours and flavourings, and
(ii) modified starches; and
(e) the expression "flavours" may be qualified by "natural", "nature identical", or "artificial".
(9) A food additive that is carried over from raw materials into food in a quantity sufficient
to perform a technological function in that food when it is used, shall be included in the listed
ingredients.
(10) A food additive or a processing aid that is carried over from raw materials into food
in a quantity not sufficient to perform a technological function in that food when it is used is
exempt from declaration in the list of ingredients.
(11) The following foods and ingredients which are known to cause hypersensitivity to
certain individuals, shall always be declared-
(a) cereals containing gluten i.e. wheat, rye, barley, oats, or their hybridised strains and
products;
(b) crustacea and crustacea products;
(c) eggs and egg products;
(d) fish and fish products;
(e) peanuts and peanut products, soy beans and soy bean products;
(f) milk and milk products including lactose;
(g) tree nuts and nut products; and
(h) sulphite in concentrations of 10mg/kg or more.
13. Instructions for use
Instructions for use, including reconstitution, where applicable, shall be included on the
label to ensure correct utilization of food.
14. Quantitative labelling of ingredients
(1) Where the labelling of a food places special emphasis on the presence of one or
more valuable or characterising ingredients, the percentage of the ingredient by mass in the
final product shall be declared.
(2) Where the labelling of food places special emphasis on the low content of one or
more ingredients, the percentage of the ingredient by mass in the final product shall be
declared.
(3) A reference in the name of a food to a particular ingredient shall not of itself
constitute the placing of special emphasis.
(4) A reference in the labelling of food to an ingredient used in a small quantity and only
as a flavouring shall not of itself constitute the placing of special emphasis.
15. Bulk stock
(1) Where food is sold from bulk stock, the bulk stock container shall be labelled in
accordance with the requirements for individually labelled food, and the lettering shall be legible
and placed conspicuously on the container.
19. Presentation of information
(1) Labels on prepackaged foods shall be applied so as not to allow them to become easily separated from the container.
(2) Statements required to appear on the label by virtue of these Regulations or any other regulations shall be-
(a) conspicuous;
(b) indelible; and
(c) legible.
(3) Where the container is covered by a wrapper, the wrapper shall carry the necessary information of the label on the container which shall be readily legible through the outer wrapper.
(4) The name and net contents of the food shall appear in a prominent position on the label and shall be conspicuously printed on the label and in the same field of vision.
20. Language
(1) The information required to appear on a label shall be in English or Setswana.
(2) Where the language on the original label on prepackaged food does not include English or Setswana, a supplementary label containing the mandatory information in English or Setswana shall be used instead of relabelling the food.
(3) In the case of either re-labelling or supplementary labelling of prepackaged food, the mandatory information provided shall fully and accurately reflect that of the original label.
21. Size of lettering
(1) The name of the prepackaged food shall appear on the main panel of the label in letters not less than 4mm in height, but in the case of soft drinks in returnable bottles with embossed labels the name may be on the cap in letters not less than 1.5mm in height.
(2) Special storage conditions where applicable shall be printed in letters not less than
3mm in height.
(3) The information required to appear on a label in terms of the Act shall be in letters
not less than 1mm in height;
(4) The size of lettering prescribed in subregulation (1) shall apply to packages of which the main panel of the package exceeds an area of 12000mm2.
(5) Where the area of the main panel of the label on prepackaged food does not exceed an area indicated under column I of the Second Schedule but exceeds the next smaller area listed under the column, the information on the package may be reflected in letters with a height of not less than the proportion indicated in the corresponding line of column II of the Second Schedule, but the minimum height to which the letters may be reduced shall be 0.75mm.
(6) Words which qualify the name of any food or are an essential part of the description of the food shall be reflected in immediate proximity to the name and in prominent letters not less than one third of the size of the name of that food.
7) Prescribed listing of ingredients and proportions of ingredients in any food shall be
printed in uniform size and prominently displayed on the package but the initial letter of a word
may be larger than the rest of the letters of the word. 

Reference of the measure

Articles 4-15 and 19-21 

Measure also domestic

Yes 

Products affected by the measure.

Description

Prepackaged foods 

Countries/Regions affected by the measure.

Description

Entire world