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

Regulations

Regulations relating to Tea and related products intended for sale in the Republic of South Africa

Part I : Definitions, Scope and Restrictions

1. Definitions

 

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

 

"address"

means a physical address and includes the street or road number or 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 Agricultural Product Standards Act, 1990 (Act No. 119 of 1990);

 

"batch"

means a definite quantity of tea or a related product produced essentially under the same conditions, and not exceeding 24 hours;

 

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

means the date which signifies the end of 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;

 

"container"

means the immediate packaging in which tea or a related product is presented for sale to the consumer, but excludes individual pods/capsules and filter bags, as well as sealed bags (manufactured from aluminum foil or any other suitable material) containing such units that are packed inside a container;

 

"Executive Officer"

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

 

"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 under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);

 

"freeze dried"

means a process in which the product in the liquid state is frozen and the ice removed by sublimation, with the dried particles typically having a granular appearance;

 

"fruit infusion"

means fruit, parts of fruit and parts of the fruit plant (e.g. leaves, seeds and flowers of fruit, fruit peel and dried fruit, etc.) intended for making a brew suitable for consumption as a beverage;

 

"ground tea"

means that the tender shoots and leaves of varieties of the species Camellia sinensis (L.) O. Kuntze have been steamed, dried and grounded into a fine powder;

 

"herbal infusion"

means plants or parts of plants [e.g. rooibos (Aspalathus

 

"herbal infusion"

means plants or parts of plants [e.g. rooibos (Aspalathus linearis), honeybush (Cyclopia genus), chamomile (Matricaria retutica or Chamaemelum nobile) and buchu (Agathosma Betulina), etc.] intended for making a brew suitable for consumption as a beverage;

 

"herbs"

means either fresh or dried non-toxic leafy green or flowering parts of a plant used for among others the flavouring of foodstuffs;

 

"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 a canned or pickled vegetables product, and includes labelling for the purpose of promoting its sale or disposal;

 

"main panel"

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

 

"outer container"

means a carton or any other suitable packaging in which more than one container of tea or a related product is packed, irrespective whether it completely or partially encloses the containers;

 

"premix"

means a product that consists of tea or a related product mixed with, for example sugar and/or milk powder and/or creamer, that is intended to be dissolved in hot or cold water to deliver a ready-to-drink beverage;

 

"premix"

means a product that consists of tea or a related product mixed with, for example sugar and/or milk powder and/or creamer, that is intended to be dissolved in hot or cold water to deliver a ready-to-drink beverage;

 

"prepared tea"

means a pre-packed ready-to-drink tea beverage, obtained by brewing or dissolving in water any of the categories of tea and related products referred to in regulation 4 that is presented for sale at retail and other commercial outlets;

 

"related products"

means the products referred to in regulations 6 to 8 that are intended for consumption as a beverage;

 

"spice"

means a dried, pungent or aromatic substance of edible plant origin (i.e. from the root, stem, bulb, bark or seeds) primarily used for flavouring, colouring or preserving foodstuffs;

 

"spray dried"

means a process in which the product in the liquid state is sprayed into a hot atmosphere and formed into dried particles in a powder form by evaporation of the water;

 

"sugar"

means sugar as defined in the Codex Standard for Sugars (CODEX STAN 212-1999);

 

"tea"

means the product derived solely and exclusively from the tender shoots and leaves of varieties of the species Camellia sinensis (L.) O. Kuntze and produced by acceptable processes (e.g. withering, leaf maceration, aeration, drying, etc.) intended for making a brew suitable for consumption as a beverage;

 

"the Act"

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

 

"trade mark"

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

 

"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.