Non-Tariff Barriers

Non-Tariff Measure

NTM classification

A31: Labelling requirements 

Date when the measure came into force

16 January 2004 

Publication where the measure is specified

Government Gazette No. 25908, 16 January 2004 

Regulation where the measure is specified

Regulations Relating To The Labelling Of Foodstuffs Obtained Through Certain Techniques Of Genetic Modification 

Country/Region applying the measure

South Africa 

Coded list of objectives

X: For purposes n.e.s. 

Description of the measure

2. A foodstuff obtained through certain techniques of genetic modification shall not be sold unless if such foodstuff is labelled as follows:
(a) If the composition of a foodstuff differs significantly from the characteristic composition of the corresponding existing foodstuff, the label shall contain such additional words or phrases as may be necessary to inform the
consumer of its true composition;
(b) if the nutritional value of a foodstuff differs significantly from the characteristic nutritional value of the corresponding existing foodstuff, the label shall contain such additional words or phrases as may be necessary
to inform the consumer of its changed nutrient content; and
(c) if the mode of storage, preparation or cooking of such a foodstuff differs significantly from that of the corresponding existing foodstuff, clear instructions for use shall be given on the label of such foodstuff;
(d) if a foodstuff contains an allergen from any of the products listed in the Annexure that causes allergy, the label shall contain such additional words or phrases as may necessary to inform the consumer of this fact;
(e) if a foodstuff is derived from -
(i) plant material containing animal nucleic acid(s) or protein(s) derived from a human or from an animal;
(ii) animal material containing animal nucleic acid(s) or protein(s) derived from a human or from a different taxonomic animal family, it shall be labelled with such wording as may be necessary to inform the consumer as to the origin of the nucleic acid(s) or protein(s).
Enhanced-chatacteristic claim
3. The label of a foodstuff obtained through certain techniques of genetic modification may bear a claim with regard to improved or enhanced characteristics such as composition, nutritional value and reduced causation of allergenictty: Provided that
(a) the claim has been validated and certified by a competent body which is accredited to the South African National Accreditation Services;
(b) the name of the certifying body appears on the label of the product bearing such a claim in close proximity to the claim;
(c) the claim indicates that such an improved or enhanced characteristic has been achieved by certain techniques of genetic modification; and
(d) the wording is limited to "genetically-enhanced foodstuff or "genetically improved foodstuff".
General
4. The labelling of a foodstuff obtained through certain techniques of genetic modification is also, subject to the Regulations Governing the Labelling and Advertising of Foodstuffs published under Government Notice No. R. 2034 of 29 October 1993, made in terms of the Act. 

Reference of the measure

Regulations 1-4 

Measure also domestic

Yes 

Products affected by the measure.

Description

Foodstuff obtained through certain techniques of genetic modification meaning a foodstuff -
(a) composed of a genetically modified organism or organisms;
(b) containing a genetically modified organism or organisms;
(c) produced from and containing protein or DNA resulting from such genetic modification;
(d) produced from, but not containing, a genetically modified organism or organisms or protein or DNA resulting from such genetic modification; and includes food additives and food ingredients, but excludes a foodstuff derived from an animal which is not itself a genetically modified organism but has been fed on feed in the production of which genetic modification is used. 

Countries/Regions affected by the measure.

Description

All countries