Statistics Act, 1999
R 385
Agricultural Product Standards Act, 1990 (Act No. 119 of 1990)RegulationsClassification, Packing and Marking of Dairy Products and Imitation Dairy Products intended for sale in the Republic of South AfricaPart IV : Marking Requirements32. Restricted particulars on containers and outer containers |
| (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 29, 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) | 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). |
| (7) | 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. |
| (8) | 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. |
| (9) | An imitation dairy product labelled as "non-dairy" or "dairy free" shall not contain any dairy ingredients. |
| (10) | Subject to the provisions of regulations 11(2) and 22(4), 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 Disinfectants Act, 1972 (Act No. 54 of 1972), have been complied with. |
| (11) | The provisions of this regulation shall also 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. |
