Non-Tariff Barriers

Non-Tariff Measure

NTM classification

A31: Labelling 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

Marking requirements on the container
General
13. (1) Each container containing jam, jelly or marmalade shall be clearly and legibly marked or labeled with the following particulars in at least English:
(a) A true description of the contents thereof which shall include, on the main panel the type of jam, jelly or marmalade; provided that:--
(1) if any permitted visible ingredient has purposefully been added to the product, an indication thereof shall be marked in close proximity to the product designation in the letters at least 50 per cent of the size of the
product name;
(ii) if a flavouring has been added to the product in order to render a distinctive flavour thereto and the added flavour differs from the flavour of the ingredients of the product, the name of the product shall be preceded
by the words "X" flavoured or followed by the words "with X" flavour, where "X" denotes the descriptive name of the distinctive flavour;
Provided that in the case of apple jelly that is coloured and flavoured, the product name shall indicate the distinctive taste or flavour of the final product;
(iii) the product name shall in the case of mixed fruits include the name of the fruits contained in descending order of weight of the raw material used, provided that in the case where more than three fruits are used the
expression "mixed fruit" may be used as a product name;
(iv) in the case where the pips or seed have been purposefully been added to the product, an indication of the presence of pips or seeds shall be marked in the letters at least 50% of the size of the class designation;
and
(v) the expression "Preserve" or "Conserve" may be used instead of the expression "jam" or "Extra fruit jam".
(b) An indication of the grade thereof, on the main panel; provided that the expression "Caterers Grade" may be used instead of the expression "manufacturers Grade".
(c) The name and physical address of the manufacturer, owner, importer, packer or importer in a letter size of at least 1 mm.
(d) The ingredient list in a manner set out in the regulations made under the Foodstuff, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972) in a letter size of at least 1mm.
(e) 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 is 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 foodstuff is processed in a second country which
changes its nature; or
(iii) the words "Packed in (name of country)" may be used in addition to the requirement of paragraph (a) or (b) above.
The net mass of the contents as required in terms of the Trade Metrology Act, 1973 (Act No. 77 of 1973).
(g) A code mark which has been approved, in writing, by the Executive Officer and which shall consists of the product concerned, the date of manufacture and the name of the processing establishment thereof; provided that:--
(i) the processing establishment identification code shall be indicated on the last position on in the sequence; and
(ii) in the case of a transparent containers where the contents are clearly visible , the product code need not to be indicated.
(2) No word shall be larger than the size of the product name, except in case of a trade mark.
(3) Except where specifically prescribed, all other markings shall be indicated in minimum letter size of at least 2 mm height, provided that the height of the mass indications shall comply with the requirements in terms of the Trade Metrology Act, 1973 (Act No. 77 of 1973).
(4) The label on a container containing jam, jelly or marmalade shall:- -
(a) be clean and neat;
(b) be pasted securely and cannot be separated from the container at point of sale;
(c) not be pasted over labels; and
(d) be affixed to such a container only by, or on behalf of the packer concerned.
Marking requirements on the outer containers
14. (1) If one or more containers containing jam, jelly or marmalade are packed in an outer container, such container shall be marked or labeled with the following particulars:-
(a) the number of containers packed therein;
(b) the net mass of the content thereof;
(c) the name and physical address of the manufacturer, owner, importer, packer or importer;
(d) an indication of the grade: provided that the expression "Caterers' Grade" may be used instead of the expression "manufacturers' Grade"; and
(e) a true description of the content: provided that when any such package contains assorted kinds of jam, jelly or marmalade, words signifying the assortment concerned may be marked thereon.
(2) In the case of transparent outer containers where the marking requirements on the containers are visible from the outside, the requirements of subregulation (1) need not be complied with.
Restricted particulars
15. (1) No wording, illustration or any other means of expression which constitutes a misrepresentation or which directly or by implication creates or may create a misleading impression regarding the contents or grade, nature or quality shall appear on a container or outer container containing jam, jelly or marmalade.
(2) No 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 containing jam, jelly or marmalade, shall appear on such a container. 

Reference of the measure

Regulations 13-15 

Measure also domestic

Yes 

Products affected by the measure.

Description

Jam, jelly and marmalade 

Countries/Regions affected by the measure.

Description

All countries