Non-Tariff Barriers

Non-Tariff Measure

NTM classification

A31: Labelling 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

Marking of containers and outer containers
6. (1) Subject to the provisions of subregulation (9), the main panel of each container containing Edible Ices, excluding the class Soft Serve, shall be marked with the following particulars at least in English:
Class designation
(a) The applicable class designation or alternative class designation as specified in columns 2 and 3 of Table 2 and Table 3: Provided that --
(i) in the case of --
(aa) the classes Frozen Fruit Sorbet and Frozen Fruit Ice , the word "Fruit" may be substituted by the name(s) of the specific fruit(s) used; and
(bb) the class Flavoured Ice, the word "Flavoured" shall be preceded by the name(s) of the specific fruit(s) and/or flavouring(s) used;
(ii) an altered word sequence of the class designation or alternative class designation is permissible on condition that the altered word sequence does not constitute a misrepresentation, or not directly or by implication create or may create a misleading impression regarding the quality, nature, origin or composition of the product concerned; and
(iii) no word or expression may be bigger than the class designation or alternative class designation unless it is a registered trade mark or brand name.
Additions to the class designation
(b) The applicable additions to the class designation or alternative class designation:
(i) If a flavouring has been added to Edible Ices in order to render a distinctive flavour thereto, the applicable class designation or alternative class designation shall either be preceded by the expression "X Flavoured" or followed by the expression "with X Flavour" or "with X Flavouring", where "X" indicates the name(s) of the flavouring(s) used, unless the flavouring concerned has been added with the intention to enhance the flavour of the fruit or added foodstuff concerned.
(ii) If lactic acid and yoghurt flavouring, instead of real yoghurt, have been added to the class Dairy Ice-cream, Ice-cream, Frozen Dairy Dessert, Frozen Dessert or Soft Serve, the applicable class designation or alternative class designation shall either be preceded by the expression "Yoghurt Flavoured" or followed by the expression "with Yoghurt Flavour" or 'with Yoghurt Flavouring".
(iii) If a foodstuff has been added to Edible Ices in order to render a distinctive taste thereto -
(aa) the applicable class designation or alternative class designation shall be followed by the expression "with X", or wording having a similar meaning, where "X" indicates the generic name(s) of the foodstuff(s) added (e.g. "with chocolate pieces", "with choc-chip cookies", "with pineapple and mango pieces", etc); or
(bb) the applicable class designation or alternative class designation shall be preceded by the generic name(s) of the foodstuff(s) added (e.g. "choc-chip cookies ice -cream ", "mango and peach frozen yoghurt", etc.); and
(cc) the requirements on Quantitative Ingredient Declarations (QUID), as specified in the regulations published under the Foodstuffs, Cosmetics and Disinfects Act, 1972 (Act No. 54 of 1972), shall be complied with.
The expression "pasteurised"
(c) The expression "Pasteurised" in the case where -
(i) Frozen Yoghurt has been pasteurised after fermentation; and
(ii) blends of yoghurt and either dairy ice-cream mix or ice-cream mix has been pasteurised.
The expression "contains no live cultures"
(d) The expression "contains no live cultures", "contains no live micro-organisms", or wording having a similar meaning, in close proximity to the class designation or alternative class designation, in the case where -
(i) Frozen Yoghurt has been pasteurised after fermentation; and
(ii) blends of yoghurt and either dairy ice-cream mix or ice-cream mix has been pasteurised.
(2) Subject to the provisions of subregulation (9), each container containing Edible Ices, excluding the class Soft Serve, shall either on the main panel or on any other conspicuous place thereon, be marked with the following particulars at least in English:
Name and address
(a) The name and address of the manufacturer, packer, importer, seller or person or entity on whose behalf the product has been packed in a letter size of at least 1 mm in height.
Country of origin
(b) The country of origin which shall be declared on the label as follows in a letter size of at least 1 mm in height:
(i) "Product of (name of country)" if all the main ingredients, processing and labour used to make the product are from one specific country;
(ii) "Produced in (name of country)", "Processed in (name of country)", "Manufactured in (name of country)", "Made in (name of country)", or wording having a similar meaning, when the product is processed in a
second country which changes its nature; or
(iii) In the case where single ingredient agricultural commodities are imported in bulk and where owing to climatic, seasonal or other contingencies more than one country may be the source of the single ingredient
agricultural commodity, the wording 'Product of (name(s) of country(ies))' separated by the expression 'and/or', shall be declared on the label of the final pre-packed foodstuff: Provided that the final end product remains a
single ingredient agricultural commodity: Provided further that the words "Packed in (name of country)" may be used in addition to the requirements of subparagraph (i) or (ii) above.
Net mass or volume
(c) The net mass or volume of the Edible Ices packed therein as required in terms of the Trade Metrology Act, 1 973 (Act No. 77 of 1973): Provided that the letter sizes of such indications shall comply with the requirements of the Trade Metrology Act, 1973 (Act No. 77 of 1973).
Individual units packed in multipacks
(3) In the case where individual un its are packed in a multipack, only the particulars prescribed in subregulations (1)(a), (1)(b), (2)(a) and (8) need be indicated on the containers containing the individual units: Provided that such individual units may not be sold loose.
Multipacks
(4) In the case of a multipack, at least the following marking requirements shall be indicated on the multipack:
(a) The particulars prescribed in subregulations (1) and (2); and
(b) The number of containers (individual units) contained therein as required in terms of the Trade Metrology Act, 1973 (Act No. 77 of 1973).
Outer containers
(5) In the case of an outer container, at least the following marking requirements shall be indicated on the outer container:
(a) The particulars prescribed in subregulations (1)(a), (2)(a) en (2)(b); and
(b) The number of containers (individual units) or multipacks contained therein as required in terms of the Trade Metrology Act, 1973 (Act No. 77 of 1973).
Soft Serve dispensing machines
(6) The class designation "Soft Serve" shall be indicated conspicuously on each soft serve dispensing machine where Soft Serve is sold in single serve portions.
Single serve portions
(7) In the case of Edible Ices, excluding the class Soft Serve, sold in single serve portions, the applicable class designation or alternative class designation shall be indicated conspicuously on either the immediate container in which it is displayed, or on the display freezer unit itself.
Ingredients list
(8) The ingredients list shall be indicated in the manner prescribed in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972) in a letter size of at least 1 mm in height.
(9) The particulars referred to in subregulations (1) to (8) shall be indicated in detached letters and figures --
(a) that are clearly legible;
(b) that are of the same type;
(c) that appear on a contrasting background; and
(d) of which the minimum vertical height is 3 mm, except where otherwise indicated and in the case of subregulations (6) and (7) where a minimum letter size of 50 mm is required: Provided that --
the minimum vertical height shall be applicable to the smallest letter or figure in the indications; and
(ii) if the letter size of the additions to the class designation or alternative class designation, as required in subregulation (1)(b), differs in size from letter size of the class designation or alternative class designation
indication, the difference in size between the smallest and the largest letter shall not exceed 3 mm. Restricted particulars on containers, multipacks and outer containers
7. (1) (a) No class designation other than the applicable class designation or alternative class designation shall be marked on a container, multipack or outer container.
(b) No word or expression which so nearly resembles the class designation or alternative class designation of a product that it could be misleading with regard to the composition shall be marked on the container, multipack or outer container.
(2) Depictions or illustrations of the specific fruit(s) added to or used in the manufacturing of Edible Ices shall only be allowed if the product concerned contains at least 6% (m/m) or more fruit: Provided that depictions or illustrations of any other ingredient(s) emphasised on a container, multipack or outer container shall only be allowed if the requirements on Quantitave Ingredient Declarations (QUID), as specified in the regulations published under the Foodstuffs, Cosmetics and Disinfects Act, 1972 (Act No. 54 of 1972), have been complied with.
(3) No word, mark, illustration, depiction or any other method of expression that constitutes a misrepresentation or directly or by implication creates or may create a misleading impression regarding the quality, nature, class, origin or composition of Edible Ices shall be marked on a container, multipack or outer container.
(4) No registered trade mark or brand name which may possibly, directly or by implication, be misleading or create a false impression of the contents of a container, multipack or outer container containing Edible Ices, shall appear on such a container, multipack or outer container.
(5) No claim regarding the absence of any substance that does not normally occur in Edible Ices shall be marked on the container, multipack or outer container thereof except in cases where it is allowed for in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972).
(6) (a) The words "fresh", "freshly", "natural", "nature's", "pure", "traditional", "original", "authentic", "real", "genuine", "home made", "selected", "premium", "finest", "quality" or "best", or any other words, statements, phrases, logos or expressions having a similar meaning, whether directly or by implication, shall not appear on a
container, multipack or outer container of an Edible Ice product unless the criteria on the use of such terms, as set out in the guidance notes compiled by the United Kingdom's Food Standard Agency, have been complied with. The latest version of these guidance notes is available on the Department's website or may be obtained directly from the office of the Executive Officer.
(b) Registered trade marks or brand names bearing the words, statements, phrases, logos or expressions referred to in paragraph (a) and which have been in use on containers, multipacks or outer containers containing Edible Ices prior to the publication of these regulations, shall not be subject to these restrictions.
(7) No claim which compares the total fat, saturated fat, cholesterol, sugar, sodium or salt, or energy value of two or more similar Edible Ices by using words such as "reduced", "less than", "fewer", "light" and "lite", or words having a similar meaning, shall be made on the container, multipack or outer container thereof, unless the following conditions are complied with:
(a) The Edible Ice product shall be compared with a different version of the same or similar product.
(b) The Edible Ice product being compared shall be clearly marked on the container and multipack with the following information:
(i) A statement of the amount of difference in the energy value or relevant nutrient content, expressed as a percentage.
(ii) The identity of the Edible Ice product(s) to which it is being compared in close proximity to or as part of the comparative claim.
(c) The comparison shall be based on a relative difference of at least 25% in the energy value or nutrient content of an equivalent mass or volume.
(d) The Edible Ice product shall be marked with the prescribed nutritional information declaration required in terrors of the regulations published under the Foodstuffs, Cosmetics and Disinfects Act, 1972 (Act No. 54 of 1972).
(8) The provisions of this regulation shall mutatis mutandis apply to-
(a) particulars that are marked on a soft serve dispensing machine in the case of the class Soft Serve;
(b) particulars that are marked on the container or the display freezer unit in the case of Edible Ices, excluding the class Soft Serve, sold in single serve portions;
(c) particulars that are marked on a notice board displayed at or in the immediate vicinity of Edible Ices that are kept or displayed for sale; and (d) all advertisements for Edible Ices. 

Reference of the measure

Regulations 6 and 7 

Measure also domestic

Yes 

Products affected by the measure.

Description

Edible ices 

Countries/Regions affected by the measure.

Description

All countries