Non-Tariff Barriers

Non-Tariff Measure

NTM classification

A33: Packaging requirements 

Date when the measure came into force

21 November 1997 

Publication where the measure is specified

REGULATIONS RELATING TO MILK AND DAIRY PRODUCTS Published under Government Notice No. R. 1555 of 21 November 1997 As corrected by: Government Notice No. R.1278 of 29 October 1999 Government Notice No. R. 488 of 8 June 2001 As amended by: Government Noti 

Regulation where the measure is specified

of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972), Regulations relating to Milk and Dairy Products 

Country/Region applying the measure

South Africa 

Coded list of objectives

A: Protection of human life and health 

Description of the measure

Restrictions
2. No person shall use or sell raw milk intended for further processing which -
(a) contains the following:
(i) Antibiotics or other antimicrobial substances in amounts that exceed the m ax i m u m res i d u e levels stipulated in the Regulations governing Maximum Limits for Veterinary Medicine and Stock Remedy Residues that my be present in Foodstuffs (Government Notice No. R. 1809 of 3 July 1992, as amended) (here in after referred to as t h e Maximum Limits for Veterinary Medicines and Stock Remedy Residues Regulations) or which virtue of a presumptive test is suspected to contain antibiotics or other antimicrobial substances in amounts that exceed such maximum residue levels;
(ii) pathogenic organisms, extraneous matter or any inflammatory product or other substances which for any reason whatsoever may render the milk unfit for human consumption;
(b) gives a positive result when subjected to the clot-on-boiling test described in paragraph 6 of Annex A
(c) gives a standard plate count of more than 200 000 colony forming units per 1,0ml when subjected to the standard plate count test described in paragraph 7 of Annex A or the dry rehydrated film method for standard colony count described in paragraph 10 of Annex A;
(d) (i) on application of the test described in paragraph 4(4) of Annex A, exceeds the most probable number (MPN) of 10,0 coliform bacteria per 1,0 ml milk or, if the test for coliforms described in paragraph 5 or 11 of Annex A is used, the number of colony forming units exceeds 20 per milliliter of milk; or
(ii) on application of the modified Eijkmann test, the VRB MUG agar method, or the dry rehydrated film method described in paragraphs 2, 5 and 11, respectively, of Annex A, is found to contain any Escherichia coli in 0,01ml or raw milk. When the Eijkmann test is used, or any Escherichia coli in 1,0ml of raw milk if the methods described in paragraph 5 or 11 of Annex A are used;
(e) when subjected to the Standard Methods for Counting Somatic Cells in Bovine Milk*, is found to contain an average of 500 000 or more somatic cells per 1,0ml of bovine milk or an average of 750 000 or more cells per 1,0ml goat’s or sheep’s milk after three successive readings at intervals of at least seven days during the test period, of which shows any other signs of abnormal secretary activity of the mammary gland(s); * The Standard Method for Counting Somatic Cells in Bovine Milk is set forth in International Dairy Federation (IDF) Bulletin No. 114 of 1979.
(f) fails the ethanol stability test described in paragraph 9 of Annex A; and
(g) is not packed in a closed container.
(1) No person shall sell for consumption raw milk, raw cream, raw skimmed milk, raw reconstituted (prepared) milk or raw reconstituted (prepared) skimmed milk which -
(a) contains the following:
(i) Antibiotics or other antimicrobial substances in amounts that exceed the maximum residue levels stipulated in the Maximum Limits for Veterinary Medicine and Stock Remedy Residues Regulations or which by virtue of a presumptive test is suspected to contain antibiotics or other antimicrobial substances in amounts that exceed such maximum residue levels;
(ii) pathogenic organisms, extraneous matter or any inflammatory product or other substance which for any reason whatsoever may render the product unfit for human consumption;
(b) gives a standard plate count of more than 50 000 colony forming units (CFUs) per 1,0ml of the product when subjected to the standard plate count test described in paragraph 7 of Annex A or the dry rehydrated film method for standard colony count described in paragraph 10 of Annex A.
(c) gives a positive result when subjected to the clot-on-boiling test desribed in paragraph 6 of Annex A;
(d) fails the ethanol stability test described in paragraph 9 of Annex A;
(e) on execution of the modified Eijkmann test, the VRB MUG agar method or the dry rehydrated film method described in paragraphs 2, 5 and 11, respectively, of Annex A, is found to contain any Escherichia coli in 1,0ml of fluid or 1,0g of cream;
(f) (i) on subjection to the Standard Routine Method for the Counting of Coliform Bacteria in Raw Milk of the International Dairy Federation’s International IDF 73:1985, or any revised version thereof, or on application of the VRB MUG agar method described in paragraph 5 of Annex A or on using the dry rehydrated film method described in paragraph 11 of Annex A, is found to contain more than 20 coliform bacteria in 1,0ml of fluid; or
(ii) on subjection to the coliform bacteria test described in paragraph 4(4) of Annex A, exceeds the most probable number (MPN) of 10,0 coliform bacteria per 1,0ml of fluid or 1,0g of semi-solid product;
(g) in the case of raw milk, on subjection to the Standard Method for Counting Somatic Cells in Bovine Milk, is found to contain an average of 500 000 or more somatic cells per 1,0ml of bovine milk or an average of 750 000 or more cells per 1,0ml of goat’s or sheep’s milk after three successive readings at intervals of at least seven days during the test period, or which shows any other signs of abnormal secretory activity of the mammary gland(s); (h) is not packed in a closed cntainer;
(i) does not bear clearly on the label the words: “Unpasteurised” / “Ongepasteuriserd” or “Raw milk” / “Rou melk”; (j) when the milk is sold in the consumer’s own container, is tapped from a container which does not bear a label clearly indicating the words: “Unpasteurised” / “Ongepasteuriseerd” or “Raw milk” / “Rou melk”;
(k) (i) is not derived from a herd enrolled in the Bovine Tuberculosis Scheme and the Bovine Brucellosis Scheme which have been established in terms of the Animal Diseases Act, 1984 (Act No. 35 of 1984); or
(ii) is not derived from a herd which annually tests negative for tuberculosis and brucellosis.
5. No person shall sell for consumption raw milk that has become sour which -
(a) contains the following:
(i) Antibiotics or other antimicrobial substances in amounts that exceed the maximum residue levels stipulated in the Maximum Limits for Veterinary Medicine and Stock Remedy Residues Regulations or which by virtue of a presumptive test is suspected to contain antibiotics or other antimicrobial substances in amounts that exceed such maximum residue levels;
(ii) pathogenic organisms, extraneous matter or any inflammatory product or other substance which for any reason whatsoever may render the raw milk unfit for human consumption;
(b) on application of the modified Eijkmann test or the VRB MUG agar method described in paragraphs 2 and 5 respectively, of Annex A, is found to contain any Escherichia coli in 1,0ml of the product;
(c) on subjection to the VRB MUG agar method or the dry rehydrated film method described in paragraphs 5 and 11 of Annex A, respectively, contains more than 50 coliform bacteria per 1,0ml of the product;
(d) is not packed in a closed container; and
(e) does not bear clearly on the label the words: “Un pasteurised sour milk” / “onge pasteuriseerde sour melk” or “Raw sour milk” / “Rou suur melk”;
(f) when the milk is sold in the consumer’s own container, is tapped from a container which does not bear a label clearly indicating the words: “Unpasteurised sour milk” / “Onge pasteuriseerde suur melk” or “Raw sour milk” / “Rou suur melk”.
6. No person shall sell -
(a) pasteurised milk, pasteurised reconstituted (prepared) milk, pasteurized skimmed milk, pasteurized reconstituted (prepared) skimmed milk or pasteurized cream which -
(i) contains the following:
(aa) Antibiotics or other antimicrobial substances in amounts that exceed the maximum residue levels stipulated in the Maximum Limits for Veterinary Medicine and Stock Remedy Residues Regulations or which by virtue of a presumptive test (for example the Kundrat test) is suspected to contain antibiotics or other antimicrobial substances in amounts that exceed such maximum residue levels;
(bb)(i) pathogenic organisms, extraneous matter or any inflammatory product or other substance which for any reason whatsoever may render the product unfit for human consumption;
(ii) has been shown by the Aschaffenburg and Mullen phosphate test described in paragraph 3 of Annex A or any other test, provided its accuracy equals that of the aforementioned test, to yield the equivalent of 10 micrograms or more of p- nitrophenol per 1,0ml;
(iii) (aa) on execution of the VRB MUG agar method or the dry rehydrated film method is found to contain more than 10,0 coliform bacteria in 1,0ml or exceeds the most probable number (MPN) of 10,0 coliform bacteria per 1,0ml of milk or 1,0g of semi-solid product; or (bb) on execution of the modified Eijkmann test, the VRB MUG agar method or the dry rehydrated film method described in paragraphs 2, 5 and 11, espectively, of Annex A, is found to contain any Escherichia coli in 1,0ml of milk or 1,0g of semi-solid product;
(iv) gives a standard plate count of more than 50 000 colony forming units (CFUs) per 1,0ml of fluid or per 1,0g of semi-solid product when subjected to the tests described in paragraph 7 or 10 of Annex A;
(v) is not packed in a hermetically sealed container when sold to the ultimate consumer: Provided that in cases where the consumer supplies his or her own empty container to be filled from a bulk tank or container, the filled container need to be hermetically sealed;
(b) sterilised cream, sterilised milk, sterilised reconstituted (prepared) milk or UHT cream or UHT milk which -
(i) contains the following:
(aa) Antibiotics or other antimicrobial substances in amounts that exceed the maximum residue levels stipulated in the Maximum Limits for Veterinary Medicine and Stock Remedy Residues Regulations or which by virtue of a presumptive test is suspected to contain antibiotics or other antimicrobial substances in amounts that exceed such maximum residue levels;
(bb) pathogenic organisms, extraneous matter or any inflammatory product or other substances which for any reason whatsoever may render any such product unfit for human consumption;
(ii) (aa) shows an increase in titratable acidity greater than 0,02, expressed as grams of lactic acid per 100ml of milk, on application of the test described in paragraph 8 of Annex A after incubation at 30oC +/- 1oC for 14 days; (bb) shows any signs of coagulation or blown containers after incubation;
(iii) is not packed in a hermetically sealed container when sold to the ultimate consumer.
7. Subject to the provisions of the Act, no person shall sell any dairy product or composite product which -
(a) contains the following:
(i) Antibiotics or other antimicrobial substances in amounts that exceed the maximum residue levels stipulated in the Maximum Limits for Veterinary Medicine and Stock Remedy Residues Regulations or which by virtue of a presumptive test is suspected to contain antibiotics or other antimicrobial substances in amounts that exceed such maximum residue levels;
(ii) pathogenic organisms, extraneous matter or any inflammatory product or other substance which for any reason whatsoever may render any such product unfit for human consumption;
(b) in the case of milk powder or skimmed milk powder, contains more than 50 000 colony forming units per gram on application of the standard plate count test described in paragraph 7 of Annex A;
(c) with the exception of ripened cheese -
(i) on execution of the test described in paragraph 4 of Annex A or the test described in International Standard IDF 73A:1985, contains more than 50 coliform bacteria per 1,0ml of fluid or 1,0g of solid or semi-solid product; (ii) on execution of the modified Eijkmann test or the VRB MUG agar method described in paragraphs 2 and 5, respectively, of Annex A, is found to contain any Escherichia coli in 1,0ml of fluid or 1,0g of solid or semi-solid product;
(d) in the case of ripened cheese -
(i) on execution of the test described in paragraph 4 of Annex A or the test described in International Standard IDF 73A: 1985 contains more than 1 000 coliform bacteria per 1,0g of the product;
(ii) on execution of the modified Eijkmann test or the VRB MUG agar method described in paragraphs 2 and 5, respectively, of Annex A, is found to contain any Escherichia coli per 1,0 ml of fluid or 1,0g of solid or semi-solid product;
(e) is not packed in a hermetically sealed package or in a closed package.
8. No person shall sell any dairy product or composite dairy product which contains any food additive not permitted by regulation. 

Reference of the measure

Section 2(g,h),5(d) & section 7(e) 

Measure also domestic

Yes 

Products affected by the measure.

Description

Milk & cheese 

Countries/Regions affected by the measure.

Description

All countries