Non-Tariff Barriers

Non-Tariff Measure

NTM classification

B7: Product quality, safety or performance requirements 

Date when the measure came into force

27 March 2016 

Publication where the measure is specified

Government Gazette No. 38615, 27 March 2015 

Regulation where the measure is specified

Regulations Relating to the Classification, Packing and Marking of Dairy Products and Imitation Dairy Products 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 sell a dairy product or an imitation dairy product in the Republic of South Africa -
(a) unless such product is classified and presented for sale according to the class referred to in regulations 3 and 22;
(b) unless such product complies with the relevant prescribed standards;
Classes of dairy products
3. (1) Dairy products shall be classified --
(a) in accordance with the classes specified in column 2 or the alternate class designations (where applicable) as specified in column 3 of Tables 1 to 17 for the type of dairy product concerned; or
(b) as the type of dairy product concerned specified in column 1 of the applicable Table, if the dairy product does not fall within the classes already provided for in column 2 of the applicable Tables, except for cheese specified in Table 9 which shall be the alternate class designations specified in column 3: Provided that --
(i) the expression "fat free", "low fat" or "reduced fat", as the case may be, shall form part of the class designation; and
(ii) the nutrient claim or comparative claim in sub-paragraph (i) above shall comply with the requirements for such claim as specified in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972).
General standards for dairy products
4. (1) All classes of dairy products shall --
(a) have a clean characteristic flavour, texture and taste of the specific product concerned;
(b) subject to the provisions of sub-regulation (3), be free of any substance that does not naturally form part of milk; and
(c) comply with the applicable standards as specified in columns 4, 5, 6, 7, 8, 9 and 10 of Tables 1-17 opposite the class concerned.
(2) Subject to the provisions of sub-regulation (1), dairy products shall comply with the additional requirements for each product concerned indicated in regulations 5 to 21.
(3) A dairy product may contain other foodstuffs and food additives to the extent permissible in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972).
(4) Subject to the provisions of sub-regulation (3), a composite dairy product shall be free of any substance that does not naturally form part of milk or the foodstuff that has been added thereto.
Classes of imitation dairy products 

Reference of the measure

Regulations 2(1)(a)-(b), 3-4 

Measure also domestic

Yes 

Products affected by the measure.

Description

Dairy products i.e. primary dairy product, a composite dairy product or a modified dairy product 

Countries/Regions affected by the measure.

Description

All countries