Intellectual Property Rights from Publicly Financed Research and
R 385
Consumer Protection Act, 2008 (Act No. 68 of 2008)RegulationsConsumer Protection Act Regulations7. Product labelling and trade descriptions: genetically modified organisms |
| 1) | In this regulation, "genetically modified organism" means a genetically modified organism as defined in section 1 of the Genetically Modified Organisms Act, 1997 (Act No. 15 of 1991), and "genetically modified" has a corresponding meaning. |
| 2) | This regulation applies to goods approved for commercialisation by the Executive Council for Genetically Modified Organisms established by section 3 of the Genetically Modified Organisms Act, 1997. |
| 3) | For purposes of section 24(6) of the Act, and subject to subregulation (4) and (6), this regulation applies to all goods referred to in subregulation (2) which contain at least 5 percent of genetically modified organisms, irrespective of whether such making or manufacturing occurred in the Republic or elsewhere, and to marketing material in respect of such goods. |
| 4) | Any good or ingredient or component to which subregulation (3) applies may not be produced, supplied, imported, or packaged unless a notice meeting the requirements of section 22 of the Act is applied to such good or marketing material, as the case may be, in a conspicuous and easily legible manner and size stating, without change, that the good or ingredient or component "contains Genetically Modified Organisms". |
| 5) | If goods listed or contemplated in subregulation (2) are intentionally and directly produced using genetic modification processes, the goods or marketing material, as the case may be, must be labelled, meeting the requirements of section 22 of the Act, without change, as "Produced using genetic modification". |
| 6) | A notice meeting the requirements of section 22 of the Act must not state that a good or ingredient or component does not contain genetically modified organisms unless such good or ingredient or component contains less than one percent genetically modified organisms. |
| 7) | Notwithstanding the provisions of regulation 7(6), a notice meeting the requirements of section 22 may state that the level of genetically modified organisms contained in the good or ingredient or component to which subregulation (2) applies is less than 5 percent. |
| 8) | If it is scientifically impractical or not feasible to test goods contemplated in subregulation (2) for the presence of genetically modified organisms or ingredients, a notice meeting the requirements of section 22 of the Act must be applied to such goods or marketing material, as the case may be, in a conspicuous and easily legible manner and size, stating "May contain genetically modified ingredients". |
| 9) | This regulation does not amend or repeal or detract from any other regulation applying to product labelling and trade descriptions of genetically modified organisms made under or in terms of any other legislation, nor do any such regulations detract from or prejudice this regulation. |
| 10) | This regulation will come into effect six months after the commencement of the Act. |
