Non-Tariff Barriers

Non-Tariff Measure

NTM classification

A31: Labelling 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

Marking of containers and outer containers
25. (1) Except where specifically prescribed, all other marking requirements as specified by these regulations shall be clearly legible and be indicated at least in English, in a letter or figure size of at least 1 mm for lower case vowels.
(2) The container of a dairy product or an imitation dairy product shall be marked with the following particulars:
(a) The class designation and if applicable the additions to the class designation in letters of the same type, size, colour and font, prominently on the main panel in letter size of at least 2mm for lower case vowels.
(b) The additional particulars on the main panel, where applicable.
(c) The name and address of the manufacturer, packer, importer or seller of that dairy product or imitation dairy product: Provided that in the case where it is not possible to use the physical address a postal address with a telephone number may be used.
(d) The nett and/or drained mass, or volume whichever one is applicable, of the dairy product or imitation dairy product packed therein as required in terms of the Trade Metrology Act, 1973 (Act No. 77 of 1973): Provided the height of the mass or volume indications shall comply with the requirements as set out in the Trade Metrology Act, 1973 (Act No. 77 of 1973).
(e) The ingredient list, in the manner prescribed in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972).
(f) The "best before" or "use by" or "sell by" date and the batch code or batch number in the manner prescribed in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972).
(g) The country of origin, which shall be declared as follows:
(i) "Product of (name of country)" if all the main ingredients, processing and labour used to make the foodstuff are from one specific country; or
(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 foodstuff is processed in a second country which
changes its nature:
(iii) Provided that the words "Packed in (name of country)" may be used in addition to the requirement of sub-paragraph (i) or (ii) above.
(3)The particulars referred to in sub-regulation (2) (a), (c), (d) and (f) shall be marked on an outer container in which more than one container of a dairy product or an imitation dairy product is packed.
(4) If a primary dairy product known as milk or cultured milk is sold from a tank into the container of the buyer, the tank from which such milk or cultured milk is sold shall be marked in the immediate vicinity of the tap with the applicable class designation and the manner of heat treatment, e.g. "pasteurised" or if not heat treated, the expression "raw" or "unpasteurised", in letters and figures of which the minimum vertical height is at least 50mm.
(5) In the case of a multipack, only the particulars prescribed in sub-regulation (2) (a) shall be indicated on the individual containers: Provided that such individual containers may not be sold loose and that the outer container or the foil lid is marked with all the prescribed marking requirements.
(6) If a primary dairy product known as cheese is cut and packed in the retail trade, the container or wrapper thereof shall be provided with a label indicating the particulars referred to in subregulation ( 2) (a), (c), (d), (e), (f) and (g) and regulation 29.
(7) No word or expression may be bigger than the class designation unless it is --
(a) a registered trade mark or trade name; or
(b) the name that is used in connection with the sale of the cheese specified in Table 9: Provided that the difference in letter size may not exceed 5 mm.
Indication of class designation
26. (1) The class designation of a dairy product or an imitation dairy product shall be --
(a) the applicable class designation or the alternate class designation as specified in regulations 3 and 22; or
(b) any combination of the class designation and the alternate class designation:
Provided that the designation shall represent the true description of the product concerned.
(2) In the case of other dairy products or imitation dairy products of which the class designation or the alternate class designation thereof is not provided for by these regulations, the class designation shall be the true description of the product concerned: Provided that it is not misleading and that in the case of modified dairy products or imitation dairy products the word "modified" or "imitation", as the case may be shall form part of the class designation.
(3) If imitation milk is derived from plant material, the word "milk" shall be preceded by the name of the plant concerned and the word "imitation" may be omitted.
(4) The word "process" in the class designation of process cheese and process cheese with added foodstuff may be substituted by the word "processed".
(5) The class designation may be marked in altered word sequence provided, that the altered word sequence does not constitute a misrepresentation, or does not directly or by implication create a misleading impression regarding the quality, nature, origin, class or composition of that dairy product or imitation dairy product concerned.
Additions to class designation
27. (1) In the case of reconstituted or recombined milk, the word " reconstituted" or "recombined" shall form part of the class designation.
(2) If a primary product has been obtained from the milk of an animal other than a cow of the bovine specie, the applicable class designation for that product shall be preceded by the name of the specie of the animal concerned.
(3) If a flavouring has been added to a dairy product or an imitation dairy product in order to render a distinctive specific flavour thereto, the class designation for that product shall be preceded by the descriptive name for the distinctive flavour concerned and 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 flavourant concerned as been added with the intention to enhance the flavour of the fruit or added foodstuff concerned.
(4) Subject to the provisions of regulation 11 (2), the applicable class designation shall include the actual name of the foodstuff or fruit added if a foodstuff or fruit has been added to a dairy product or imitation dairy product.
(5) The expression "plain" may form part of the class designation if no foodstuff, fruit or flavouring has been added to a dairy product or imitation dairy product.
(6) The word "with" in the class designation of a composite dairy product or imitation dairy product may be omitted: Provided that the indication of the class designation is not misleading.
(7) The words used to describe the texture or appearance e.g. "chunky", "smooth", etc. may form part of the class designation: Provided that such description is not misleading.
Additional particulars on the main panel
28. (1) The main panel of a container of a primary dairy product of the type known as dairy powder blend and dairy liquid blend shall be marked with a product description of the product concerned:
Provided that --
(a) such product description shall consist of an indication of the descriptive names of the main dairy ingredients of the product concerned, indicated in descending order of mass; and
(b) the letter size of the indication of the descriptive names referred to in paragraph (a) shall not be less than 50 per cent of the size of the class designation.
(2) (a) If vegetable fat, marine fat and/or animal fat is a constituent of a modified dairy product or an imitation dairy product, the expression 'with (name of the fat)" shall immediately follow the class designation in a letter size not less than 50 per cent of the size of the class designation, except in the case where the class designation includes the indication of the added fat.
(b) The provisions of paragraph (a) above shall also apply in the case where added protein and/or carbohydrates is/are obtained from a source other than a primary dairy product.
(c) The requirements of sub-regulation (2) shall be indicated in letters of the same colour and font as the class designation.
(3) If a dairy product or an imitation dairy product has been sweetened, the expression "sweetened" shall be indicated on the main panel of a container thereof in a letter size of at least 2 mm in height for lower case vowels.
(4) If the types of primary dairy products known as milk and cream have been heat treated, the manner of processing thereof shall be included on the main panel in close proximity to the class designation in a letter size not less than 50 per cent of the size of the class designation.
(5) The provisions of sub-regulation (4) shall mutatis mutandis apply to fermented dairy products if it is subjected to heat treatment after fermentation: Provided that the applicable class designation for the dairy product concerned shall be "heat treated fermented milk" or "heat treated dairy product".
(6) If the types of primary dairy products known as milk and cream have not been heat treated as contemplated in sub-regulation (4), the applicable class designation for that product shall include the expression "Unpasteurized" or "Raw".
(7) The expression "long life" may be indicated on the label of commercially sterile dairy products.
(8) The expression "extended shelf life" may be indicated on the container of milk if the milk has been treated in a suitable manner to ensure that all pathogens are destroyed and that the product is not microbiologically degraded when stored unopened at 6-8°C for at least 21 days, excluding UHT and sterilised milk.
(9) The expression "not for baby/infant feeding" shall be indicated on the main panel of the container of imitation dairy products, modified dairy products and that of goat milk in the manner prescribed in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972).
Batch identification
29. (1) A container of a dairy and imitation dairy product shall be clearly marked with the batch code or batch number in such a way that the specific batch is identifiable and traceable.
Additional particulars on containers
30. (1) A container of a powdered dairy product or powdered imitation dairy product shall be marked with directions for the reconstitution thereof in order to obtain a final ready-to-use product.
(2) A container of butter of the class known as medium fat butter, and of modified butter of the class known as medium fat modified butter shall be marked with the expression "not suitable for frying (purposes)".
(3) If the fat content of a dairy product or an imitation dairy product is indicated on the container thereof, the indicated fat content of the product concerned shall not differ by more than 15 per cent calculated from the actual fat content thereof.
Restricted particulars on containers and outer containers
31. (1) Subject to the provisions of sub-regulation (2) --
(a) no class designation other than the applicable class designation of a dairy product or an imitation dairy product shall, except in the circumstances set out in regulation 28, be marked on a container thereof; and
(b) no word or expression which so nearly resembles the class designation of a dairy product that it could be misleading with regard to the composition of an imitation dairy product shall be marked on the container of such imitation dairy product.
(2) If the class designation of a dairy product, or a word or expression referred to in subregulation (1)(b), forms part of a registered trade mark that has been in use before 20 November 1987, such trade mark may be marked on a container of an imitation dairy product if --
(a) the registered trade mark is framed clearly on the container of the imitation dairy product concerned; and
(b) an abbreviation of the trade mark symbol that is permissible under the Trade Marks Act, 1993 (Act No. 194 of 1993), is marked within such frame.
(3) (a) 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 dairy product or an imitation dairy product shall be marked on a container of such product.
(b) The provisions of paragraph (a) above shall, in the case of an imitation dairy product of the type known as imitation milk product, not be construed so as to include a prohibition on an illustration or depiction of a drinking glass or glass jug containing a liquid with a white colour.
(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 or outer container containing a dairy product or an imitation dairy product, shall appear on such a container.
(5) The words "natural", "super", "extra", "pure", "fine" or any other word or expression that directly or by implication creates or may create the impression that a dairy product or an imitation dairy product is of a special or particular quality shall not be marked on the container of such product.
(6) The words "mature" or "vintage" may be marked on the container of cheese only if such cheese has --
(a) subject to the requirements in regulation 13 (5), been ripened for the applicable minimum ripening period specified in column 7 of Table 9;
(b) after organoleptic evaluation according to the method specified in item 1 of Table 19, attained an average score of at least 4; and
(c) broken down sufficiently.
(7) The words and expressions "choice" and "specially selected" may be marked on the container of a primary dairy product of the type known as cheese and butter only if, after organoleptic evaluation according to the method mentioned in item 1 of Table 19 --
(a) in the case of cheese with the designation Gouda or Cheddar, it attained an average score of at least 4; or
(b) in the case of butter, it attained an average score of at least 3.
(8) No claim regarding the absence of any substance that does not normally occur in a dairy product or an imitation dairy product shall be marked on the container of such product, except in the cases where the negative claim is allowed for in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972).
(9) No comparison with or reference to the respective merits or demerits of dairy products against imitation dairy products, whether relevant or not, shall be marked on the container of a dairy product and an imitation dairy product.
(10) The word "instant" may only be marked on the container of a dairy product if such product, when reconstituted in accordance with the usage instructions thereof, will disperse in water at 20 °C within 60 seconds when stirred.
(11) The word "fresh" may only be marked on a container of a primary dairy product of the type known as pasteurised, ultra pasteurised and unpasteurised milk or raw milk with no added foodstuff or minerals, and on the container of a primary dairy product of the type known as pasteurised and unpasteurised/raw cream.
(12) An imitation dairy product labelled as "non-dairy" or "dairy free" shall not contain any dairy ingredients.
(13) The word "organic" shall not be labelled on a container of dairy product unless the product was produced, processed and handled in compliance with recognised standards and certified by an accredited certification body or authority.
(14) Subject to the provisions of regulation 11 (2), depictions, illustrations or expressions which emphasise the presence of the added foodstuff or fruit in a dairy product or imitation dairy product shall only be allowed if 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), have been complied with.
(15) The provisions of this regulation shall mutatis mutandis apply to particulars that are marked on --
(a) an outer container in which one or more separate containers of a dairy product or an imitation dairy product is packed;
(b) a notice board displayed at or in the immediate vicinity of a dairy product or an imitation dairy product that is kept or displayed for sale; and (c) all advertisements for dairy and imitation dairy products. 

Reference of the measure

Regulations 25-31 

Measure also domestic

Yes 

Products affected by the measure.

Description

Dairy products and imitation dairy products 

Countries/Regions affected by the measure.

Description

All countries