Non-Tariff Barriers

Non-Tariff Measure

NTM classification

B7: Product quality, safety or performance requirements 

Date when the measure came into force

08 February 2013 

Publication where the measure is specified

Government Gazette No. 36124, 8 February 2013 

Regulation where the measure is specified

Regulations Relating To The Grading, Packing And Marking Of Edible Ices Intended For Sale In The Republic Of South Africa 

Country/Region applying the measure

South Africa 

The rationale of the measure

These regulations shall apply to Edible Ices intended for sale in the Republic of South Africa to which and under circumstances in which a prohibition in terms of section 3 of the Act regarding the sale of Edible Ices apply 

Coded list of objectives

X: For purposes n.e.s. 

Description of the measure

3 (1) No person shall sell edible ices in the Republic of South Africa
(a) unless such produces are classified and presented according to the classes referred to in regulation 4
(b) unless such products comply with the relevant standards for each class referred to in regulation 4
Classes of and standards for Edible Ices Classes
4. (1) The classes of Edible Ices are as follows:
(a) Dairy Ice-cream;
(b) Ice-cream;
(c) Frozen Dairy Dessert;
(d) Frozen Dessert;
(e) Frozen Yoghurt;
(f) Frozen Yoghurt and Dairy Ice-cream Blend;
(g) Frozen Yoghurt and Ice-cream Blend;
(h) Soft Serve; (I) Frozen Fruit Sorbet;
(j) Frozen Fruit Ice; and
(k) Flavoured Ice.
Standards for classes
(2) Dairy Ice-cream Mix and Dairy Ice-cream:
(a) Dairy Ice-cream Mix --
(i) means an unfrozen, homogenised and pasteurised product;
(ii) shall contain at least 7% (m/m) of butter fat only;
(iii) shall contain at least 33% (m/m) total solids of which at least 20% must be milk solids non-fat; and
(iv) may contain other foodstuffs and food additives.
(b) Dairy Ice-cream --
(i) means aerated and frozen Dairy Ice-cream Mix; and
(ii) shall not have an overrun of more than 130%: Provided that-
(aa) a maximum deviation of 3% is permissible;
(bb) inclusions shall not be taken into account when determining the overrun. Inclusions shall not be taken into account when determining the fat content and the total solids of the Dairy Ice-cream Mix.
(3) Ice-cream Mix and Ice-cream:
(a) Ice-cream Mix --
(i) means an unfrozen, homogenised and pasteurised product;
(ii) shall contain at least 7% (m/m) vegetable fat or a combination of both vegetable fat and butter fat;
(iii) shall contain at least 33% (m/m) total solids of which at least 20% must be milk solids non-fat; and
(iv) may contain other foodstuffs and food additives.
(b) Ice-cream --
(i) means aerated and frozen Ice-cream Mix; and
(ii) shall not have an overrun of more than 130 %: Provided that -
(aa) a maximum deviation of 3% is permissible; and
(bb) inclusions shall not be taken into account when determining the overrun.
(c) Inclusions shall not be taken into account when determining the fat content and the total solids of the Ice-cream Mix.
(4) Frozen Dairy Dessert Mix, Frozen Dessert Mix, Frozen Dairy Dessert and Frozen
(a) Frozen Dairy Dessert Mix --
(i) means an unfrozen, homogenised and pasteurised product;
(ii) shall contain the following percentage of butter fat only for the fat class concerned:
(aa) Frozen Dairy Dessert Mix - more than 3% (m/m) but less than 7% (m/m).
(bb) Low Fat Frozen Dairy Dessert Mix - more than 0.5% (m/m) but not exceeding 3% (m/m).
(cc) Fat Free Frozen Dairy Dessert Mix - 0.5% (m/m) or less.
(iii) shall contain at least 25% (m/m) total solids; and
(iv) may contain other foodstuffs and food additives.
(b) Frozen Dessert Mix -
(i) means an unfrozen, homogenised and pasteurised product;
(ii) shall contain the following percentage of vegetable fat or a combination of both vegetable fat and butter fat for the fat class concerned:
(aa) Frozen Dessert Mix - more than 3% (m/m) but less than 7% (mlm).
(bb) Low Fat Frozen Dessert Mix - more than 0.5% (m/m) but not exceeding 3% (m/m).
(cc) Fat Free Frozen Dessert Mix - 0.5% (m/m) or less.
(iii) shall contain at least 25% (m/m) total solids; and
(iv) may contain other foodstuffs and food additives.
(c) Frozen Dairy Dessert and Frozen Dessert--
(i) means aerated and frozen Frozen Dairy Dessert Mix, and aerated and frozen Frozen Dessert Mix; and
(ii) shall not have an overrun of more than 130 %: Provided that -
(aa) a maximum deviation of 3% is permissible; and
(bb) inclusions shall not be taken into account when determining the overrun.
(d) Inclusions shall not be taken into account when determining the fat content and the total solids of the Frozen Dairy Dessert Mix or Frozen Dessert Mix.
(5) Frozen Yoghurt, Frozen Yoghurt and Dairy Ice-cream Blend, and Frozen Yoghurt and Ice-cream Blend:
(a) Frozen Yoghurt -
(i) means a product obtained by aerating and freezing pasteurised or unpasteurised yoghurt;
(ii) shall contain the following percentage of butter fat only for the fat class concerned:
(aa) Frozen Yoghurt - more than 3% (m/m).
(bb) Low Fat Frozen Yoghurt - more than 0.5% (m/m) but not exceeding 3% (m/m).
(cc) Fat Free Frozen Yoghurt - 0.5% (m/m) or less.
(iii) shall contain at least 33% (m/m) total solids of which at least 20% must be milk solids non-fat;
(iv) shall not have an overrun of more than 130%: Provided that -
(aa) a maximum deviation of 3% is permissible; and
(bb) inclusions shall not be taken into account when determining the overrun; and
(v) may contain other foodstuffs and food additives.
(b) Frozen Yoghurt and Dairy Ice-cream Blend or Frozen Yoghurt and Ice-cream Blend --
(i) means a product obtained by blending yoghurt with either dairy icecream mix or ice-cream mix where after it is pasteurised (optional), aerated and frozen: Provided that the yoghurt content of the final product shall in no case be less than 30% (m/m);
(ii) shall contain at least --
(aa) 7% (m/m) butter fat only in the case where yoghurt and dairy ice-cream mix are blended; or
(bb) 7% (m/m) vegetable fat and butter fat combined in the case where yoghurt and ice-cream mix are blended; (iii) shall contain at least 33% (m/m) total solids of which at least 20% must be milk solids non-fat;
(iv) shall not have an overrun of more than 130 %: Provided that -
(aa) a maximum deviation of 3% is permissible; and
(bb) inclusions shall not be taken into account when determining the overrun; and
(v) may contain other foodstuffs and food additives.
(c) Inclusions shall not be taken into account when determining the fat content and the total solids of the unfrozen Yoghurt, the blend of Yoghurt and Dairy Ice-cream Mix or the blend of Yoghurt and Ice-cream Mix.
(6) Soft Serve Mix and Soft Serve:
(a) Soft Serve Mix --
(i) means an unfrozen, homogenised and pasteurised product;
(ii) shall contain at least 3% (m/m) vegetable fat or a combination of both vegetable fat and butter fat;
(iii) shall contain at least 25% (m/m) total solids; and (iv) may contain other foodstuffs and food additives.
(b) Soft Serve means semi-frozen Soft Serve Mix.
(c) Inclusions shall not be taken into account when determining the fat content and the total solids of the Soft Serve Mix.
(7) Frozen Fruit Sorbet --
(a) means an aerated and frozen product consisting of mainly water and sugars;
(b) shall contain no added butter fat, milk solids non-fat or whey powder;
(c) shall contain at least 15% (m/m) fruit;
(d) may contain not more than 2.9% (m/m) vegetable fat;
(e) shall not have an overrun of more than 130 %: Provided that -
(i) a maximum deviation of 3% is permissible; and (f)
(ii) inclusions shall not be taken into account when determining the overrun; and may contain other foodstuffs and food additives.
(8) Frozen Fruit Ice --
(a) means a frozen product consisting of mainly water and sugars;
(b) shall contain no added butter fat or milk solids non-fat;
(c) shall contain at least 6% (m/m) fruit; and
(d) may contain other foodstuffs and food additives.
(9) Flavoured Ice --
(a) means a frozen product consisting of mainly water and sugars;
(b) shall contain no added butter fat or milk solids non-fat;
(c) shall contain less than 6% (m/m) fruit or only flavourings and colourants; and
(d) may contain other foodstuffs and food additives. 

Reference of the measure

Regulations 3(1) (a)- (b) and 4 

Measure also domestic

Yes 

Products affected by the measure.

Description

Edible ices 

Countries/Regions affected by the measure.

Description

All countries