Non-Tariff Barriers

Non-Tariff Measure

NTM classification

B7: Product quality, safety or performance requirements 

Date when the measure came into force

08 August 2013 

Publication where the measure is specified

Government Gazette No. 36123, 8 February 2013 

Regulation where the measure is specified

Regulations Relating to the Grading, Packing and Marking of Jam, Jelly and Marmalade 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 jam, jelly or marmalade in the Republic of South Africa--
(a) unless such product complies with the types referred to in regulation 3;
(b) unless such product is graded in accordance with the grades referred to in regulation 4
(c) unless such product complies with the quality standards and compositional requirements referred to in regulations 5,6,7,8,9 and 10;
Types of jam, jelly and marmalade
3 (1) The types of jams are as follows:(see Table on page 10 of the Regulations)
(2) The Types of jelly are as follows:(see Table on page 10 of the Regulations)
(3) The types of marmalade are as follows:(see Table on page 11 of the Regulations)
(4) If any health or comparative claim is made on the label of jam, jelly or marmalade the product shall comply with the fruit content of the specific type of jam, jelly or marmalade set out in subregulation (1) (2) (3), provided that:-
(a) the soluble solids content shall not be prescribed;
(b) the quality requirements set out in regulations 5, 7 and 9 respectively are complied with; and
(c) the requirements for these types of products as set out in the regulations made under the Foodstuff, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972) are complied with.
Grades of jam, jelly and marmalade
4. (1) There are five grades of jam, jelly and marmalade, namely choice grade, standard grade, manufacturer's grade, substandard grade and undergrade.
Quality standards for grades of jams
5. (1) All grades of jam:--
(a) shall be smooth or comprise of reasonably tender whole fruit or pieces of fruit as the case may be;
(b) shall be prepared from one or more than one type of fruit;
(c) shall have a colour and flavour typical of the type concerned;
(d) shall be consistency for the type of jam concerned as set out in Table 1;except in the case of where the fruit is in the form of whole or almost whole units; and
(e) may deviate from the specified quality standards to extent set out in Table 2.
(2) All grades of jam shall be free from:-
(a) defects;
(b) insect infestation;
(c) foreign or bad taste or flavours;
(d) discoloured particles and peel or skin;
(e) any sign of crystallization;
(f) burnt shreds;
(g) grit;
(h) foreign matter; and
(i) pips or seeds or pieces of pips or seeds, except
(i) jam made from fruit which is normally consumed with pips or seeds;
(ii) jam made from fruit which normally has pips or seeds and for which maximum allowances for pips or seeds are prescribed in Table 2;
(iii) jam where pips or seeds are purposefully added to render flavour to the product concerned: provided that product shall be marked in accordance with the prescribed marking requirements; and
(iv) melon jam where white, underdeveloped pips or seeds are allowed.
Compositional requirements for fruit mixtures of jam
6. (1) Subject to the provisions of regulations 3(1) and 5, fruit mixtures of jam shall comply with the following requirements:
(a) In the case where two fruits are used, the first named fruit shall present at least 50 per cent but not more than 90 per cent, of the total fruit content.
(b) In the case where three fruits are used, the first named fruit shall present at least 33 per cent but not more than 75 per cent, of the total fruit content.
(c) In the case where four or more fruits are used, the first- named fruit shall present at least 25 per cent but not more than 75 per cent, of the total fruit content.
Quality standards for grades jelly
7. (1) All grades of jelly:--
(a) shall be prepared from either the juice of the fruit or aqueous extracts that have been extracted from whole fruit and clarified by filtration or other means or from the juice of the fruit and aqueous extracts that have been extracted from whole fruits and clarified by filtration or other means;
(b) shall have colour and flavour typical of the fruit concerned;
(c) shall be reasonably clear and transparent and contain virtually no suspended fruit particles, except for purposefully added visible ingredients;
(d) shall be of a consistency for the type of jelly concerned as set out in Table 1; and
(e) may deviate from specified quality standards to the extent set out in Table 2.
(2) All grades of jelly shall be free from:- -
(a) insect infestation;
(b) foreign or bad taste or flavours;
(c) any sign of crystallization and granulation;
(d) peel or skin and shreds;
(e) pips or seeds or pieces of pips or seeds;
(f) grit; and
(g) foreign matter.
Compositional requirements for fruit mixtures of jelly
8. (1) Subject to the provision of regulations 3(2) and 7, fruit mixtures of jelly shall comply with the following compositional requirements:
(a) In the case where two fruits are used, the first named fruit shall present at least 50 per cent but not more than 90 per cent, of the total fruit content.
(b) In the case where three fruits are used, the first-named fruit shall present at least 33 per cent but not more than 75 per cent of the total fruit content.
(c) In the case where four or more fruits are used, the first- named fruit shall present at least 25 per cent, but not more than 75 per cent of the total fruit content.
Quality standards for grades of marmalade
9. (1) All grades of marmalade:--
(a) shall be prepared from sound, clean citrus or non-citrus fruit from which stems, calyxes and pips or seeds have been removed but includes pulps, juices, concentrated juices, extractions and preserved peels;
(b) shall have a colour and flavour typical of the product concerned;
(c) shall contain reasonably tender shreds;
(d) shall in the case of jelly marmalade, be at least reasonably clear or transparent with only a small portion of thinly cut peel strips suspended therein;
(e) shall be of consistency for the type of marmalade set out in Table 1; and
(f) may deviate from the specified quality standards to the extent set out in Table 2.
(2) All grades of marmalade shall be free from:- -
(a) defects;
(b) insect infestation;
(c) foreign or bad taste or flavours;
(d) discoloured particles on the peel or skin;
(e) any sign of crystallization and granulation;
(f) burnt shreds;
(g) pips or seeds or pieces of pips or seeds
(h) grit; and
(i) foreign matter.
Compositional requirements for fruit mixtures of marmalade
10. (1) Subjected to the provision of the regulations 3(3) and 9, fruit mixtures of the marmalade shall comply with the following compositional requirements:
(a) In the case where two fruits are used, the first- named fruit shall present at least 50 per cent but not more than 90 per cent, of the total fruit content.
(b) In the case where three fruits are used, the first-named fruit shall present at least 33 per cent but not more than 75 per cent of the total fruit content.
(c) In the case where four or more fruits are used, the first- named fruit shall present at least 25 per cent, but not more than 75 per cent of the total fruit content. 

Reference of the measure

Regulations 2 (1)(a)-(c), 3-10 

Measure also domestic

Yes 

Products affected by the measure.

Description

Jam, jelly and marmalade 

Countries/Regions affected by the measure.

Description

All countries