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 Food Additives 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) Food additives shall not be described or presented on any label or in a labelling
manner which is false, misleading or is likely to create an erroneous impression regarding their
character in any respect.
(2) Food additives shall not be described or presented on a label or in any labelling by
words, pictorial or other devices which refer to or are suggestive, either directly or indirectly, of
any product with which such food additives might be confused, or in such a manner as to lead
the consumer to suppose that the food additive is connected with or derived from such other
product, but the term "x flavour" may be used to describe a flavour which is not derived from,
but reproduces the flavour "x".
5. Information on label
Except to the extent otherwise provided in other regulations published under the Act, the
following shall appear on the label of prepackaged food additives as applicable to the food
additive being labelled-
(a) the name of the food additive;
(b) the list of ingredients in the food additive;
(c) the net contents;
(d) the name and address of the manufacturer, packer, distributor, importer, exporter or
supplier thereof;
(e) the country of origin of the food additive;
(f) the lot identification;
(g) date marking and storage instructions; and
(h) instructions for the use thereof.
6. Name of food additive
(1) The name of each food additive present in any food shall be provided indicating the
true nature of the food additive, and shall be specific and not generic in accordance with these
Regulations.
(2) Where a name has been established for a food additive in regulations published
under the Act, that name shall be used in relation to the food additive.
(3) In the absence of a specific name for the food additive, either a common or usual
name, existing by common usage as an appropriate descriptive term which is not misleading to
the consumer, shall be used in relation to the food additive.
(4) Where two or more food additives are present, their names shall be listed in order of
the proportion by mass which each food additive bears to the total contents of the container,
with the food additive present in the greatest proportion by mass being at the top of the list.
(5) In the case of mixtures of flavouring, the name of each flavouring present in the
mixture need not be given, but the generic expression flavour or flavouring may be used together with a true indication of the nature of the flavour.
(6) Except in relation to flavour modifiers, but inclusive of herbs and spices, the generic expression flavour or flavouring may be qualified by the words natural, nature identical or artificial.
7. List of ingredients
Ingredients of food additives shall be declared in the list of ingredients in descending order of their proportion by weight to the total contents of the container, with the ingredients contained in the greatest proportion appearing at the top of the list.
8. Net contents of food additives
The net contents of food additives shall be declared in the metric system or SI units and shall be in the following manner-
(a) for liquid additives, by volume or mass;
(b) for solid food additives, other than those sold in tablet form, by mass;
(c) for semi-solid or viscous food additives, either by mass or volume; and
(d) for food additives sold in tablet form, by mass together with the number of tablets in the package.
9. Name and address of manufacturer, etc.
The name and address of the manufacturer, packer, distributor, importer, exporter or supplier of the food additive shall be declared on the label.
10. Country of origin
(1) The country of origin of a food additive shall be declared on the label.
(2) Where a food additive undergoes processing in a second country which changes it in nature, the country in which the 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 additive is represented by materials
and labour performed in that country; and
(b) the last process in the production or manufacture of the food additive is represented by materials and labour performed in that country.
11. Lot identification
Each container of food additives shall be embossed or otherwise permanently marked in code or in clear print to identify the producing factory and the lot of the food additives.
12. Date marking of food additives
The labels of prepackaged food additives shall have a best before, sell by or expiry date marked on them in accordance with regulation 12 of the Labelling of Prepackaged Foods Regulations.
13. Instructions on keeping and using
(1) The words for food use or a statement substantially similar thereto shall appear in a prominent position on the label.
(2) Adequate information shall be given about the manner in which a food additive is to be kept and is to be used in food.
14. Presentation of information
(1) Statements required to appear on the label of prepackaged food additives by virtue of these Regulations or any other regulations, shall appear so in a clear and prominent manner such that they are readily legible to the consumer.
(2) Information which is required to appear on the label of prepackaged food additives shall not be obscured by designs or by other written, printed or graphic matter and shall be on contrasting ground to that of the background.
(3) The letters in the name of the food additive shall be in a size reasonably related to the most prominent printed matter on the label.
(4) Where a container of food additives is covered with a wrapper, the wrapper shall carry the necessary information of the label on the container which shall be legible through the outer wrapper.
(5) The name and net contents of a food additive shall appear on that portion of the label normally intended to be presented to the customer at the time of sale.
15. Language
(1) The information required to appear on any label shall be in either English or Setswana.
(2) Where the language on the original label does not include English or Setswana, a supplementary label containing the mandatory information in English or Setswana shall be used instead of re-labelling.
(3) In the case of either re-labelling or a supplementary label the mandatory information provided shall fully and accurately reflect that of the original label. 

Reference of the measure

Paragraphs 4-15 

Measure also domestic

Yes 

Products affected by the measure.

Description

Food Additives 

Countries/Regions affected by the measure.

Description

Entire world