Non-Tariff Barriers

Non-Tariff Measure

NTM classification

A31: Labelling requirements 

Date when the measure came into force

29 August 2015 

Publication where the measure is specified

Government Gazette No. 37949, 29 August 2014 

Regulation where the measure is specified

Regulations Relating To The Quality, Packing And Marking Of Dried Fruit 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

2(1) No person shall, subject to the provisions of subregulation (2), sell dried fruit for human consumption in the Republic of South Africa -
(e) unless such product is marked with the particulars and in the manner prescribed in regulation 8 and 9; and
(f) if such product is marked with particulars and in a manner so prescribed as particulars with which it shall not be marked.
Marking Requirements
8. (1) Information required by these regulations shall appear on containers and outer containers of dried fruit in letters -
(a) not less than 3 mm in height for a mass of more than 3 kg;
(b) not less than 2 mm in height for a mass of more than 250 g; or
(c) not less than 1 mm in height for a mass of 250 g or less.
(2) Containers of dried fruit shall be clearly and legibly marked in printed letters in at least English with the following particulars:
(a) The name and address of the packer of that dried fruit: Provided that in the case where it is not possible to use the physical address a postal address shall be used.
(b) The country of origin of dried fruit shall be declared on the label as follows:
(i) "Product of (name of country)" if all the main foodstuffs, processing and labour used to make the dried fruit 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 similar words when a dried fruit is processed in a second country which
changes its nature;
(iii) in the case where more than one country can be the origin, the words "Product of (name(s) of country(ies)" separated by the expression 'and/or'; or
(iv) the words "Packed in (name of country)" shall be used in addition to the requirement of paragraph (i) or (ii) above.
(c) A true description of the kind of product, type of fruit, the grade, cut style and the size group (if sized), shall be indicated on the main panel of a container: Provided that acceptable abbreviations shall be used to indicate the size group.
(d) In the case of preservative free dried fruit the expression "preservative free" and the grade designation "grade X preservative free" shall be indicated as a unit.
(e) Mixed colour dried fruit shall be marked with the expression "mixed colour' and mixed sizes shall be marked with the expression "mixed sizes" and with the two main sizes used.
(f) In the case of the dried fruit presented for sale in cut styles not prescribed by these regulations; be marked with the cut style in accordance with normal trade practice: Provided that abbreviations shall not be used and the words or expressions used to describe the cut style are not misleading.
(g) In the case of mixed dried fruit and dried fruit mixed with other foodstuffs, the product description shall be labelled as "dried fruit mix" or "dried fruit with the name of the added foodstuff": Provided that the dried fruit and foodstuff used shall be indicated in descending order of mass on the product description.
(h) In the case of vacuum-, freeze dried and dried fruit from any other drying method the words indicating the method of drying shall be marked on the main panel.
(3) The word "dried" may be omitted from the name of the dried fruit or true description of a dried fruit product if a dried fruit product is packed in a container or outer container of which a continuous portion of at least 25 percent of the area thereof is transparent;
(4) The date marking, production or lot (batch) shall be indicated on each container of dried fruit by a best before date preceded by the words "best before" or "BB": Provided that the best before date may be used as a production or batch identification.
(5) The Food Business Operator Code (FBOC) which is registered with the Executive Officer shall be indicated on each container: Provided that it shall be preceded by "FBOC" or "FBO" followed by the allocated code or the code shall be indicated at the end of the batch code.
(6) The net mass and the height thereof shall be indicated in accordance with the Trade Metrology Act, 1973 (Act No. 77 of 1973).
(7) In the case of outer containers, at least particulars prescribed in subregulations (2)(a)(b)(c)(h) ; and regulations 8 (4 ) to (6) of marking requirements shall be indicated.
(8) In the case of a non conformance on marking requirements after an official inspection; a supplementary label containing the information set out in subregulations (1) to (5) may be used to cover the incorrect information, instead of relabeling or repacking.
(9) Besides the requirements of these regulations containers and outer containers of dried fruit shall also comply with the requirements of the regulations published under the Foodstuffs, Cosmetics and Disinfectant Act, 1972 (Act No. 54 of 1972).
Restricted Particulars on Containers and Outer Containers
9. (1) The words "dried fruit mix", "dried fruit" or the name of a fruit which refers directly or by implication to any kind of dried fruit shall not appear on a container containing less than 55% (m/m) dried fruit.
(2) No word, registered trade mark, brand name, mark, illustration, depiction or other method of expression that either directly or by implication constitutes a misrepresentation or creates or shall create a misleading impression regarding the contents, quality, origin, grade or size group of the dried fruit in a container, shall be indicated on a container or on an outer container containing such containers.
(3) The word "organic" shall not be indicated on a container or outer container of dried fruit unless the dried fruit was produced, processed and handled in compliance with organic standards and certified by a certification body or authority.
(4) No claim regarding the absence of any substance that does not normally occur in dried fruit shall be marked on the container or outer container of such dried fruit product except in cases where it is allowed in terms of the requirements of the Foodstuffs, Cosmetics and Disinfectant Act, 1972 (Act No. 54 of 1972). 

Reference of the measure

Regulations 2(1)(e)-(f), 8-9 

Measure also domestic

Yes 

Products affected by the measure.

Description

Dried fruit i.e fruit in its original form or depipped, cut, peeled and dried by the sun-, solar-, tunnel-, oven-, wind or by other recognized methods of dehydration, excluding pureed, minced, cooked and baked dried fruit 

Countries/Regions affected by the measure.

Description

All countries