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Agricultural Product Standards Act, 1990 (Act No. 119 of 1990)

Regulations

Classification, Packing and Marking of Dairy Products and Imitation Dairy Products intended for sale in the Republic of South Africa

Part IV : Marking Requirements

28. Additions to the class designation

 

(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 has been added with the intention to enhance the flavour of the fruit or added foodstuff concerned.

 

(4) Subject to the provisions of regulations 11(2) and 22(4), 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: Provided that the following collective names/ descriptions instead of listing all the added fruits and/or foodstuffs as part of the class designation may be used:
(a) In the case of mixed fruits:
(i) The expression "mixed fruit" where two or more kinds of fruit have been added to the dairy or imitation dairy product: Provided further that in the case where a common, collective name exists for a group of fruits belonging to the same genus (e.g. "citrus", "stone fruit", etc.) the word "fruit" in the expression may either be preceded or replaced in totality by the collective name if only fruits belonging to the specific genus have been added to the dairy or imitation dairy product.

E.g. "low fat mixed citrus yoghurt"

(ii) The expression "fruit cocktail" where three or more kinds of fruit have been than added to the dairy or imitation dairy product.

E.g. "low fat fruit cocktail yoghurt"

(b) In the case of mixed herbs:
(i) The expression "mixed herbs" where a mixture of two or more kinds of herbs has been added to the dairy or imitation dairy product.

E.g. "full fat cottage cheese with mixed herbs"

(c) In the case of other added foodstuffs :
(i) Where a common, collective name exists for the added foodstuffs, such collective name may be used.

E.g. "full fat cottage cheese with chillies"

(d) The provisions in paragraphs (a), (b) and (c) above are subject to the following requirements:
(i) All the fruits and/or added foodstuffs shall be listed in the ingredients list as prescribed by the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972, (Act No.54 of 1972).
(ii) Depictions of the added fruits and/or other foodstuffs should preferably appear on the main panel to inform the consumer, and such depictions shall always correspond with the list of ingredients.
(iii) The use of "variant names" (e.g. "Breakfast fruit"; "Fruit of the Cape"; etc.) in addition to and separately from the class designation or alternative class designation to distinguish between the different variants of dairy or imitation dairy products on the main panel, is permissible: Provided that such names shall not be misleading.

 

(5) The expression "plain" may form part of the class designation and/or be indicated on its own 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 and/or be indicated on its own: Provided that such description is not misleading.

 

(8) The indication "smoked" or "X smoked" (where "X" indicates the word "wood" only or the name of a specific type of wood used for smoking) may form part of the class designation and/or be indicated on its own in the case of cheese that have been subjected to a smoking process.

 

(9) The claim "lactose free", or indications with a similar meaning, may form part of the class designation and/or be indicated on its own in the case where dairy products meet the requirements for this claim as prescribed by the regulations published under the Foodstuffs, Cosmetics & Disinfectants Act, 1972 (Act No. 54 of 1972).

 

(10) The expression "fresh" may form part of the class designation and/or be indicated on its own in the case of—
(a) prepared custard: Provided that the prepared custard does not contain any preservatives, and is only chilled as well as displayed for sale in a refrigerator;
(b) pasteurised, ultra pasteurised and unpasteurised/raw milk containing no food additives or added foodstuff; and
(c) pasteurised, ultra pasteurised and unpasteurised/raw cream containing no food additives or added foodstuff.

 

(11) The expression "mature" may form part of the class designation and/or be indicated on its own in the case of cheese only: Provided that—
(a) subject to the requirements in regulation 13(6), the cheese has been ripened for the applicable minimum ripening period specified in column 7 of Table 11; and
(b) the cheese has broken down sufficiently.

 

(12) The expression "instant"" may form part of the class designation and/or be indicated on its own in the case of dairy products only: Provided that the conditions in regulation 32(8) have been met.

 

(13) The expression "non-dairy" or "dairy free" may form part of the class designation and/or be indicated on its own in the case of imitation dairy products only: Provided that the condition in regulation 32(9) has been met.

 

(14) The expression "dried" may form part of the class designation and/or be indicated on its own in the case of cheese: Provided that the cheese concerned has been subjected to the drying process.