Plant Breeders' Rights Act, 1976
R 385
Agricultural Product Standards Act, 1990 (Act No. 119 of 1990)Regulations2026 RegulationsRegulations regarding the Grading, Packing and Marking of Edible Vegetable Oils intended for Sale in the Republic of South AfricaPart I: General Standards Applicable to Edible Vegetable Oils1. Definitions |
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—
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, or in the case of imported foodstuffs, if otherwise, the name and address as provided for in the Codex Alimentarius Commission's document entitled:
General Standard for the Labelling of Pre-packaged Foods, CODEX STAN 1-1985;
"apparent beta-sitosterol" or "apparent β-sitosterol"
means the sum of the concentrations of β-sitosterol, Δ-5-avenasterol, Δ-5,23-stigmastadienol, Δ-5,24-stigmastadienol, cholesterol and sitostanol;
"arachis oil" (also known as 'peanut oil' or 'groundnut oil')
means oil derived from groundnuts (seeds of Arachis hypogaea L.);
means oil derived from the kernel of the fruit of several varieties of the palm Orbignya spp;
means a definite quantity of edible vegetable oil produced essentially under the same conditions and which does not exceed a period of 24 hours;
means oil as defined under "rapeseed oil - low erucic acid";
means oil derived from the kernel of the coconut (Cocos nucifera L.);
means the process by which natural olive oil is obtained by separating the oil by means of centrifugation at a temperature that does not lead to thermal alterations;
means the process by which natural edible vegetable oil is extracted by pressing the seed or fruit with a mechanical, hydraulic or centrifugal press without the application of external heat;
means a quantity of edible vegetable oils 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;
means the immediate container in which edible vegetable oils are packed for sale to the consumer: Provided that where applicable, 'container' shall also include the separate or secondary outer casing/housing/box (made from cardboard or any other material) in which an immediate container is packed for individual sale to the consumer (e.g., each bottle of olive oil is presented for sale in a separate box;
means oil derived from the seeds of various cultivated species of Gossypium spp;
means oils intended for human consumption and which are composed primarily of glycerides of fatty acids being obtained only from vegetable sources: Provided that they may contain small amounts of other lipids such as phosphatides, of unsaponifiable constituents and of free fatty acids naturally present in the oil;
"equivalent carbon number 42" (ECN 42)
means the difference between the theoretical value of triacylglycerols (TAGs) with an equivalent carbon number of 42 (ECN 42theoretical), calculated from the fatty acid composition, and the analytical results (ECN 42HPLC) obtained by determination in the oil by high-performance liquid chromatography (HPLC);
means triterpene dialcohol found in olive oil and olive-pomace oil;
means the officer designated under section 2(1) of the Act;
means a carboxylic acid consisting of a long chain hydrocarbon and carboxyl group (COOH), formed by a mixture of saturated and unsaturated fatty acids classified according to the number of unsaturated bonds as monounsaturated or polyunsaturated fatty acids;
means the initial mechanical process to separate the oil from the olive paste by centrifugation, decantation or pressing, but does not include the second extraction or solvent extraction processes utilized to physically or chemically separate the oil remaining in the pomace;
means a flavouring substance as defined in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);
means a food additive as defined and permitted for in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);
means a foodstuff as defined by the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);
means the process used to separate liquid oils from solid fat, and is commercially used to produce hard butters and speciality fats from oils such as palm and palm kernel;
"free fatty acid content" (FFA) or "free acidity"
means the content of free fatty acids in g/1OOg, expressed as a percentage of free oleic acid;
"geographical indication" (GI)
means an indication (name) protected in terms of an international agreement and which is used on agricultural products intended for sale in the Republic of South Africa;
means oil derived from the seeds of the grape (Vitis vinifera L.);
means the process by which hydrogen atoms are added directly into double bonds of unsaturated fatty acids, converting the unsaturated fats into saturated fats by breaking the double bonds and saturating them with hydrogen atoms, resulting in the oil becoming more solid at room temperature;
means the pattern of mono-, di- and tri-glycerides present in natural olive oils or crude olive-pomace oils as extracted prior to any refining process;
means the executive officer or an officer under his or her control, or an assignee or an employee of an assignee;
means the interchange of fatty acids from different fats/oils on the glycerol backbone by means of chemical and enzymatic processes which allows to chemically 'blend' properties of different types of oil;
means any bilateral or multilateral treaty, convention, or agreement to which the Republic of South Africa is a party/signatory, and any arrangement between the Republic of South Africa and another country, concerning the protection of geographical indications;
means the ingredient(s) in a foodstuff which by weight or volume, whatever is applicable, contributes the highest percentage mass, excluding water;
means that part of the container or outer container that bears the brand or trade name of the product in greatest prominence, or any other part of the container or outer container that bears the brand or trade name in equal prominence;
"maize oil" (also known as 'corn oil')
means oil derived from maize germ (the embryos of Zea mays L.);
"malaxing"
means the slow mechanical mixing of the olive paste prior to separating the oil with the objective of breaking emulsions and improving oil extraction;
means the processes used to achieve a substantial change in the physical behaviour and structural properties of an edible vegetable oil. The three main modification technologies used in the case of edible vegetable oils are hydrogenation, interesterification and fractionation ;
means oil derived from the seeds of white mustard (Sinapis alba L. or Brassica hirta Moench), brown and yellow mustard (Brassica juncea (L.) Czernajew and Cossen) and of black mustard (Brassica nigra (L.) Koch);
"odour" or "aroma"
means a volatilized chemical compound, generally at a very low concentration, that is perceived by olfaction;
means oil that is obtained solely by mechanical means from the fruit of the olive tree (Olea europaea L), and excludes oils that are obtained using solvents or re-esterification processes and any mixture with other kinds of oils;
means edible natural olive oils, refined olive oils and olive-pomace oils;
means pulp that remains after the first extraction or pressing and that still contains olive oil;
means a person who engages in the operation of marketing vegetable oils that he or she has produced, or purchased or acquired from a vegetable oil producer, or that he or she is marketing on behalf of a vegetable oil producer, whether as an owner, agent, employee, broker, or otherwise;
means a chemical reaction involving oxygen, which may result in the degradation of the quality of the edible vegetable oil;
means a container in which more than one container of edible vegetable oil is packed;
means oil derived from the kernel of the fruit of the oil palm (Elaeis guineensis);
means the liquid fraction derived from fractionation of palm kernel oil;
means the solid fraction derived from fractionation of palm kernel oil;
means oil derived from the fleshy mesocarp of the fruit of the oil palm (Elaeis guineensis);
means the liquid fraction derived from the fractionation of palm oil;
means the high-melting fraction derived from the fractionation of palm oil;
means a liquid fraction derived from palm oil (as defined above) produced through a specially controlled crystallization process to achieve an iodine value of 60 or higher;
means permitted for under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);
means a measure of the oxidation of olive oil, expressed as milliequivalents (meq.) of active oxygen per kilogram of oil;
"rapeseed oil" (also known as 'turnip rape oil'; 'colza oil'; 'ravison oil'; 'sarson oil'; 'toria oil') means oil produced from seeds of Brassica napus L., Brassica rapa L., Brassica juncea L. and Brassica toumefortii Gouan species;
"rapeseed oil - low erucic acid" (also known as 'low erucic acid turnip rape oil'; 'low erucic acid colza oil'; or 'canola oil')
means oil produced from low erucic acid oil-bearing seeds of varieties derived from the Brassica napus L., Brassica rapa L. and Brassica juncea L., species;
means a process in which oil undergoes treatment using but not limited to the following:
| (a) | heat (typically stripping steam); or |
| (b) | chemicals (typically caustic soda or sodium carbonate) in combination with heat; and |
| (c) | soft column refining, also sometimes known as deodorization, which is a type of refining using lower temperatures under a vacuum often used to neutralize flavour and aroma; |
means any container that is intended or has the potential to be offered for direct sale to the consumer/public for own use and consumption.
"rice bran oil" (also known as 'rice oil')
means oil derived from the bran of rice (Oryza saliva L);
"safflowerseed oil" (also known as 'safflower oil'; 'carthamus oil'; 'kurdee oil')
means oil derived from safflower seeds (seeds of Carthamus tinctorious L.);
"safflowerseed oil - high oleic acid" (also known as 'high oleic acid safflower oil'; 'high oleic acid carthamus oil'; 'high oleic acid kurdee oil')
means oil produced from high oleic acid oil-bearing seeds of varieties derived from Carthamus tinctorious L;
"slip point" (also known as 'open tube melting point')
means an index of temperature at which fat softens or becomes sufficiently fluid to slip or run. This method determines the slip point of a sample and is applicable to such fats as coconut oil, stearin, hydrogenated fats and hard tallows;
"soya bean oil" (also known as 'soybean oil')
means oil derived from soya beans (seeds of Glycine max (L.) Merr.);
"sunflowerseed oil" (also known as 'sunflower oil')
means oil derived from the sunflower seeds (seeds of Helianthus annuus L.);
"sunflowerseed oil - high oleic acid" (also known as 'high oleic acid sunflower oil')
means oil produced from high oleic acid oil-bearing seeds of varieties derived from sunflower seeds (seeds of Helianthus annuus L.);
"sunflowerseed oil - mid oleic acid" (also known as 'mid oleic acid sunflower oil')
means oil produced from mid-oleic acid oil-bearing sunflower seeds (seeds of Helianthus annuus L.);
"sterols" (also known as 'steroid alcohols')
means a subgroup of steroids with a hydroxyl group at the 3-position of the A-ring. [Sterols comprise one group of several minor constituents of oils that are characteristic indicators of the authenticity of the olive oil.];
means a steroid hydrocarbon produced by thermal dehydration of beta-sitosterol found in low levels in virgin olive oil and crude olive-pomace oil;
means a trade mark as defined by the Trade Marks Act, 1993 (Act No. 194 of 1993);
means all the geometrical isomers of mono-unsaturated and polyunsaturated fatty acids having one or more non-conjugated carbon-carbon double bonds in the trans configuration interrupted by at least one methylene group;
"triglyceride" or "triacylglycerol" (TAG)
means the major component of oil, which is an ester of three fatty acids and glycerol;
means the Agricultural Product Standards Act , 1990 (Act No. 119 of 1990);
means triterpene dialcohol found in olive oil and olive-pomace oil;
mean oils derived from edible parts of plants that are consumed by humans as food; and
means oil that is obtained, without altering the nature of the oil, by mechanical procedures, (e.g., expelling or pressing) and the application of heat only: Provided that it may have been purified by washing with water, settling, filtering and centrifuging only.