In these regulations any word or expression to which a meaning has been assigned in the Act shall have that meaning and, unless the context indicates otherwise—

"address"

means a physical address and includes the street or road number or street name and the name of the town, village or suburb and, in the case of a farm, the name or number of the farm and of the magisterial district in which it is situated;

"assignee"

means a person, undertaking, body, institution, association or board designated under section 2(3) of the Act;

"batch"

means a definite quantity of an Edible Ice product produced essentially under the same conditions and which do not exceed a period of 24 hours;

"best before date" or "best quality before date"

means the date which signifies the end of the period under any stated storage conditions during which the unopened product will remain fully marketable and will retain any specific qualities for which implied or express claims have been made, however, beyond the date the food may still be acceptable for consumption;

"butter fat"

means the fatty portion of milk;

"close proximity"

means in the immediate vicinity of or nearest / closest / next to, and which shall not be interrupted or separated by for example any wording, symbols, figures, lines, depictions, etc.;

"consignment"

means a quantity of Edible Ices belonging to the same owner, that is delivered at any one time under cover of the same consignment note, delivery note or receipt note, or is delivered by the same vehicle;

"container"

means—

"dairy gelato"

means a product as described in regulation 7(3);

"dairy ice-cream"

means a product as described in regulation 5(2);

"dairy ice-cream mix"

means a product as described in regulation 5(1);

"edible ices"

mean the classes of products set out in regulation 4;

"Executive Officer"

means the officer designated under section 2(1) of the Act;

"factory"

means a building or group of buildings in which Edible Ices are manufactured industrially, or any other premises (e.g. ice-cream parlours/outlets/emporiums) where Edible Ices are manufactured on a small scale;

"flavoured ice"

means a product as described in regulation 12;

"flavouring"

means a flavouring substance as defined in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);

"food additive"

means a permitted substance as defined in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act , 1972 (Act No. 54 of 1972);

"foodstuff"

means a foodstuff as defined in the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);

"frozen dairy dessert"

means a product as described in regulation 7(3);

"frozen dairy dessert mix"

means a product as described in regulation 7(1);

"frozen dessert"

means a product as described in regulation 7(3), but excludes baked frozen desserts;

"frozen dessert mix"

means a product as described in regulation 7(2);

"frozen fruit ice"

means a product as described in regulation 11;

"frozen fruit sorbet"

means a product as described in regulation 10;

"frozen yoghurt"

means a product as described in regulation 8(1);

"frozen yoghurt and dairy ice-cream blend"

means a product as described in regulation 8(2);

"frozen yoghurt and ice-cream blend"

means a product as described in regulation 8(2);

"fruit"

means the edible part of fruit, either fresh or preserved, presented as but not limited to fruit pieces, fruit juice, fruit juice concentrate, fruit pulp, fruit puree or fruit extract;

"gelato"

means a product as described in regulation 7(3);

"ice-cream"

means a product as described in regulation 6(2);

"ice-cream mix"

means a product as described in regulation 6(1);

"inclusion"

means any ingredient or foodstuff added to an Edible Ice product after pasteurisation that is regarded as an addition and which would, if taken into account, alter the fat content and total solids content of the product concerned;

"Inspector"

means an officer under the control of the Executive Officer, or an assignee or an employee of an assignee;

"label"

means any tag, brand, mark, pictorial, graphic or other descriptive matter, which is written, printed, stencilled, marked, embossed, impressed upon, or permanently attached to a container of an Edible Ice product, and includes labelling for the purpose of promoting its sale or disposal;

"main ingredient"

means the ingredient(s), excluding water, which by weight or volume, as the case may be, contributes the highest percentage mass or volume to the Edible Ice product concerned;

"main panel"

means that part of the container,outer container or label that bears the brand name or trade mark in greatest prominence, or any other part of the container, outer container or label that bears the brand or trade name in equal prominence;

"milk"

means a product as defined in the latest regulations relating to the classification, packing and marking of dairy products and imitation dairy products intended for sale in the Republic of South Africa published under the Act;

"milk solids"

means the solids of milk after removal of the moisture;

"milk solids non-fat"

means the solids of milk after removal of the moisture and fat;

"(m/m)"

means mass per mass basis;

"outer container"

means any packaging in which two or more containers containing Edible Ices is packed, irrespective whether it completely or partially encloses the containers;

"overrun cup"

means a cup made from any material with a flat top which is suitable for filling ice cream into, and used to determine the overrun;

"pasteurisation"

means the heat treatment of an Edible Ice product as defined in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);

"soft serve"

means a product as described in regulation 9(2) and which is sold to the consumer in single serve portions;

"soft serve mix"

means a product as described in regulation 9(1);

"trade mark"

means a trade mark as defined in the Trade Marks Act, 1993 (Act No. 194 of 1993);

"the Act"

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

"use by date" or "expiration date"

means the date which signifies the end of the period under any stated storage conditions, after which the product should not be sold or consumed due to safety and quality reasons;

"variant name"

means a name used in addition to and separately from the class designation to, amongst other—

"vegetable fat"

means fat or oil that is obtained from vegetable matter;

"yoghurt"

means a product as defined in the latest regulations relating to the classification, packing and marking of dairy products and imitation dairy products intended for sale in the Republic of South Africa published under the Act, and which contain at least 106 CFU/g of viable yoghurt cultures per gram of final product, except in the case of yoghurt which has been pasteurised after fermentation; and

"yoghurt culture"

means a culture consisting of Lactobacillus delbrueckii subsp. bulgaricus, Streptococcus thermophilus, Lactobacillus acidophilus, or any other similar culture used for the manufacture of yoghurt.