Non-Tariff Barriers

Non-Tariff Measure

NTM classification

A31: Labelling requirements 

Date when the measure came into force

09 March 2012 

Publication where the measure is specified

Government Gazette No. 35109, 9 March 2012 

Regulation where the measure is specified

Regulations Relating To The Classification, Packing And Marking Of Fat Spreads Intended For Sale In The Republic Of South Africa 

Country/Region applying the measure

South Africa 

Coded list of objectives

X: For purposes n.e.s. 

Description of the measure

3. (1) No person shall, subject to the provisions of subregulation (2), sell fat spreads in the Republic of South Africa unless --
(c) the containers and outer containers concerned are marked in the manner prescribed in regulation 7.
Marking of containers and outer containers
7. (1) The main panel of a container and outer container of a fat spread shall be marked with the following particulars in at least English:
(a) The applicable class designation of that fat spread as required in regulation 8:
Provided that in the case of outer containers (multipacks) where more than one class of fat spread is packed in the outer container, the applicable class designations as required in regulation 8 and, subject to regulation 7(2)(d), the amount of containers therein.
(b) The applicable additions to such class designation as required in regulation 9.
(c) If applicable, the additional particulars as required in regulation 1 0: Provided that such particulars need not be marked on an outer container.
(2) Subject to the provisions of subregulation (3), a container and outer container of a fat spread shall, either on the main panel or on any other conspicuous place thereon, be marked with the following particulars in at least English:
(a) The name and address of the manufacturer, importer or seller of that fat spread as required in regulation 11.
(b) The country of origin of that fat spread as required in regulation 12.
(c) If applicable, the particulars as required in regulation 13.
(d) The net mass of the contents as required in terms of the Trade Metrology Act, 1973 (Act No. 77 of 1973) as amended.
(3) The particulars referred to in paragraphs (a), (b) and (c) of subregulation (2) need not be marked on small serving containers which are packed in outer containers that are marked with all the applicable particulars referred to in subregulations (1) and (2).
(4) Subject to the provisions of subregulation (5), the particulars referred to in subregulations (1) and (2) and specified in column 1 of Table 2 shall be indicated in detached letters and figures-
(a) that are clearly legible; and
(b) of which the minimum vertical height, depending on the mass of fat spread in a container, is as specified in column 2, 3 or 4 of Table 2 opposite the particulars concerned: Provided that the minimum vertical height shall be applicable to the smallest letter or figure in the indications.
(5) If any word or expression that is not a trade mark, or is not required in terms of these regulations or another law, appears on a container, the vertical height of the letters and figures used to indicate the class designation of the fat spread concerned shall, subject to the provisions of subregulation (4)(b), be at least the same as that of the largest letter or figure in the word or expression concerned.
Indication of class designation
8. (1) The class designation of a fat spread that is marked on the main panel of a container shall be
the applicable class designation or alternate class designation respectively specified in column 1 or 2 of Table 1.
(2) (a) The total fat content, expressed as a percentage of the particular fat spread concerned must be indicated in the place of X where X forms part of the class designations specified in columns 1 and 2 of Table 1.
(b) Such an indicated percentage shall not differ by more than three percent from the actual fat content of the fat spread concerned.
(3) A class designation may be marked in altered word sequence on the main panel of a container on condition that the altered word sequence does not constitute a misrepresentation or does not or may not directly or by implication create a misleading impression regarding the quality, nature, origin or composition of the fat spread concerned.
Additions to class designations
9. If a flavouring has been added to a fat spread in order to render a distinctive non-typical flavour thereto, the applicable class designation for that fat spread shall be preceded by the descriptive name for the distinctive flavour concerned and the expression "Flavoured", or be followed by that descriptive name and the expression "Flavoured": Provided that typical flavour shall include butter and olive oil.
Additional particulars on main panel
10. Subject to the provisions of regulation 5{3) the classes of fat spreads known as yellow margarine, yellow X% fat spread, yellow margarine blend and yellow X% blended fat spread that contain marine fat shall indicate a nutritional claim in respect of Omega-3 fatty acids in terms of the requirements of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 {Act No. 54 of 1972) as amended.
Indication of address
11. The name and address of the manufacturer, importer or seller shall be marked on the container of a fat spread.
Indication of country of origin
12. The country of origin of a fat spread shall be declared on the container as follows:
(1) "Product of (name of country)" if all the main ingredients, processing and labour used are from one specific country;
(2) "Produced in (name of country)", "Processed in {name of country)", "Manufactured in (name of country)", "Made in (name of country)", or similar words when processed in a second country which changes its nature;
(3) provided that in the case where more than one country may be the source the words "Product of (names of countries) separated by the expression 'and/or'" may be used; and
(4) provided further that the words "Packed in (name of country)" may be used in addition to the requirements of paragraph (1) or (2) above.
Additional particulars on containers
13. (1) The container of a fat spread of the classes known as yellow margarine, white margarine, yellow X% fat spread, white X% fat spread, yellow margarine blend, and yellow X% blended fat spread shall be marked with the intended usage of the fat spread, such as reference to "frying" or "baking", based on the performance of the fat spread concerned.
(2) (a) A container of a fat spread of the classes known as yellow X% fat spread, white X% fat spread and yellow X% blended fat spread shall indicate the moisture content, expressed as a percentage to which moisture constitutes part of that fat spread.
(b) Such indicated percentage shall not differ by more than two per cent from the actual moisture content of the fat spread concerned.
(3) If any foodstuff not specifically provided for in these regulations, or a food additive, has been added to a fat spread, the particulars thereof shall, in the manner required in terms of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972) as amended, be marked on a container of that fat spread.
(4) (a) If a fat or oil of a kind specified in columns 3, 4, 5 and 6 of Table 1, forms part of the content of a fat spread, this fact shall be marked on a container of a fat spread in the manner required in terms of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972) as amended.
(b) In the case of a fat spread of the classes known as vanaspati and mixed vanaspati, the indication of the kind of fat or oil concerned shall be followed by an indication of the extent, expressed as a percentage, to which each such kind of fat or oil forms part of the content of the fat spread concerned.
(c) Such indicated percentage shall not differ by more than five per cent from the actual fat or oil content of the fat spread concerned.
(5) The container of a fat spread shall be marked with the real analytical values of the following fatty acid components in a table with nutritional information as required in terms of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972) as amended, namely: total, saturated, monounsaturated,
polyunsaturated and trans.
Restricted particulars on containers
14. (1) No class designation other than the applicable class designation shall be marked on a container of a fat spread except in the circumstances set out in regulation B.
(2) (a) Subject to the provisions of paragraph (b) and regulation 16 no word, mark, illustration, depiction or 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 a fat spread shall be marked on a container.
(b) The words "extra", "super", "fresh", "natural" or any other word or expression that directly or by implication creates or may create the impression that a fat spread is of a special or particular quality shall not be marked on a container, except for the circumstances and conditions as indicated in subregulation (4) and regulation 16.
(3) No claim regarding the absence of any substance that does not normally occur in a fat spread shall be marked on a container, except in the cases where it is allowed in terms of the requirements of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972) as amended.
(4) No claim which compares a fat spread, based on the fat or energy content by using one of the following words or a similar word such as "reduced", "less than", "fewer", "light", "lite", shall be made on the container or in an advertisement of a fat spread, unless the following conditions are complied with--
(a) the fat spread must be compared with the applicable margarine class (i.e. yellow margarine, white margarine and yellow margarine blend) and have similar organoleptic properties;
(b) the class designation used together with the comparison shall be the required designation as prescribed by regulation 8;
(c) a statement must be given of the amount of difference in the energy value or fat content, expressed as a percentage;
(d) the comparison shall ba based on a relative difference of at least 25% in the energy value or fat content of an equivalent mass or volume;
(e) the container of the fat spread is labelled with the prescribed nutritional information declaration In terms of the requirements of the Foodstuffs, Cosmetics and
Disinfectants Act, 1972 (Act No. 54 of 1972) as amended, including the requirements of regulation 13(5); and
(f) the words "extra" or "xtra" may only be used as part of a comparison only when such a comparison is based on a relative difference of at least 50% in the energy value or fat content of an equivalent mass or volume.
(5) No comparison with or reference to the respective merits or demerits of dairy products against fat spreads shall be marked on a container.
(6) (a) An indication that a fat spread contains a dairy product shall be marked on a container only as part of a product description and the list of ingredients as required in terms of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972) as amended.
(b) An indication referred to in paragraph (a) shall consist of the applicable class designation for the diary product concerned as prescribed in the applicable regulations made under section 15 of the Act.
(7) The provisions of this regulation shall mutatis mutandis apply to all advertisements for fat spreads as well as particulars that are marked on a notice board displayed at or in the vicinity of a fat spread that is kept or displayed for sale.
Identification of production lot (batch)
15. (1) A container of a fat spread shall be identifiable and traceable to such an extent that the factory where the final product was produced can be identified as well as details regarding the specific production lot (batch).
(2) Such identification shall be the same for all containers of a fat spread originating from the same production lot (batch).
Other particulars
16. Particulars and characteristics of a fat spread not covered by the marking requirements of these regulations must, where applicable, comply with the marking requirements as required in terms of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972) as amended as administered by the Department of Health, and include but are not limited to the following: nutritional information, date marking, prohibited statements, negative claims, list of ingredients, Quantitative Ingredient Declarations, required markings for fats and oils, refrigeration, allergens, misleading descriptions, nutrient content claims (including reference to polyunsaturated and monounsaturated fatty acids), comparative claims (excluding total fat/energy), irradiation and vegetarian claims. 

Reference of the measure

Regulations 3(1)(c) and 7-16 

Measure also domestic

Yes 

Products affected by the measure.

Description

Fat spread 

Countries/Regions affected by the measure.

Description

All countries