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

Regulations

Regulations regarding Control over the Sale of Poultry Meat

1. Definitions

 

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

 

"absorbed moisture"

means the moisture absorbed by a poultry carcass as a result of the washing and cooling thereof;

 

"brine"

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

[Definition inserted by regulation 2(a) of Notice No. R. 471, GG 39944, dated 22 April 2016]

 

"brine based mixture"

means a brine solution to which only permitted phosphate salts and permitted food additives may have been added and which is used for, amongst others, tenderizing, flavouring and preserving of poultry meat;

[Definition inserted by regulation 2(a) of Notice No. R. 471, GG 39944, dated 22 April 2016]

 

"carcass"

means slaughtered poultry after blood drainage, plucking and the removal of the intestines, head and feet, but to which or in which the giblets may be included after they have been properly cleaned and packed separately;

[Definition substituted  by regulation 2(b) of Notice No. R. 988, GG 18155, dated 25 July 1997]

 

"chilled"

with regard to poultry meat, means a product temperature of between minus 1°C and plus 4°C;

 

"class"

a quantity of poultry meat which differs from another quantity of poultry meat with regard to—

(i) the type of poultry from which it was obtained;
(ii) the grade which was assigned to that poultry carcass; or
(iii) the particular portion or cut, or combination of portions or cuts;

[Definition inserted  by regulation 2(c) of Notice No. R. 988, GG 18155, dated 25 July 1997]

 

"class designation"

means a class designation or an alternate class designation referred to in regulation 9;

 

"consignment"

means a quantity of poultry meat o f the same type, which belongs to the same owner, delivered at any one time under cover of the same consignment note, delivery note or receipt note, or delivered by the same vehicle, or if such a quantity is divided into different classes, grades, portions, cuts or production lots, every quantity of each of the different classes, grades portions, cuts or production lots;

[Definition substituted  by regulation 2(d) of Notice No. R. 988, GG 18155, dated 25 July 1997]

 

"container"

means the package, pouch or wrapper in which poultry meat is sold;

 

"deep frozen"

with regard to poultry meat, means a product temperature of not higher than minus 18°C;

 

"food additive"

means a supplement or any other substance as permitted for in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972), which may be added to a foodstuff to effect its keeping quality, consistency, colour, taste, flavour, smell or other technical property (these substances include but is not limited to acids, bases, salts, preservatives, antioxidants, anti-caking agents, colourants, flavourings, emulsifiers, stabilisers and thickeners);

[Definition substituted by regulation 2(b) of Notice No. R. 471, GG 39944, dated 22 April 2016]

 

"foodstuff"

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

[Definition inserted by regulation 2(c) of Notice No. R. 471, GG 39944, dated 22 April 2016]

 

"formulated solution"

means brine, brine based mixture, marinade, phosphate solution or any other similar solution/mixture to which food additives and/or foodstuffs may have been added;

[Definition inserted by regulation 2(c) of Notice No. R. 471, GG 39944, dated 22 April 2016]

 

"fresh",

where used with regard to poultry meat, means poultry meat in its raw, unfrozen state, including meat which is vacuum-wrapped or wrapped in a controlled atmosphere, which—

(a)        has not previously been frozen or undergone any heat treatment; and

(b)        has not been subjected to any form of preservation other than chilling;

[Definition inserted by regulation 2(c) of Notice No. R. 471, GG 39944, dated 22 April 2016]

 

"frozen"

with regard to poultry meat, means a product temperature of not higher than minus 12°C;

 

"further processing"

means poultry meat which is subjected to any process(es) that alters the poultry meat in such a way that it is not recognizable as a carcass, portion, piece or strip anymore;

[Definition inserted by regulation 2(d) of Notice No. R. 471, GG 39944, dated 22 April 2016]

 

"giblets"

means the cleaned gizzard, liver (without gall bladder), heart and neck;

 

"grade"

[Definition deleted by regulation 2(e) of Notice No. R. 988, GG 18155, dated 25 July 1997]

 

"inspection lot"

where used, with regard to Regulation 14, means at least five eviscerated carcasses or portions representing at least five eviscerated carcasses or, in the case where the portions are not representative of carcasses, a representative sample of portions equal to the weight of at least five eviscerated carcasses: Provided that the carcasses or units representing the carcasses are treated as separate units in the inspection lot;

[Definition substituted by regulation 2(e) of Notice No. R. 471, GG 39944, dated 22 April 2016]

 

"Intestines"

means the complete digestive tract, including the oesophagus, the spleen, the lungs, the air passages and, in the case of adult poultry, the genital organs, but excluding the giblets;

[Definition substituted  by regulation 2(f) of Notice No. R. 988, GG 18155, dated 25 July 1997]

 

"main panel"

means that part of the label or container bearing the trademark or trade name in greatest prominence and any other part of the label or container bearing the trademark or trade name in equal prominence;

[Definition inserted by regulation 2(f) of Notice No. R. 471, GG 39944, dated 22 April 2016]

 

"marinade"

means a sweet, savoury or acidic, brine based sauce with foodstuffs and/or food additives in which poultry meat is marinated only to enhance its flavour and/or tenderness;"

[Definition inserted by regulation 2(f) of Notice No. R. 471, GG 39944, dated 22 April 2016]

 

"outer container"

means a carton or case that contains more than one container of poultry meat;

 

"packer"

means a person dealing in the course of trade with poultry meat by processing and packing it for sale, and also a person on behalf of whom such product is processed and packed for sale and, in the case of such product that is imported into the Republic in the containers in which it is to be sold in the retail trade, the person importing it for sale;

 

"permitted"

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

[Definition inserted by regulation 2(g) of Notice No. R. 471, GG 39944, dated 22 April 2016]

 

"pin feathers"

means the incomplete developed feathers that show bloody follicles when removed;

 

"portion"

means a part of a carcass specified in item 4 (now item 5) of Table 1;

 

"poultry meat"

means the slaughtered and sometimes deboned carcasses of Gallus domesticus (fowls), Meleagus gallopavo (turkeys) and Anas (ducks and muscovies) as well as any portions or parts of such carcasses which are usually sold for human consumption, whether as such or in cut form and which is still recognizable as a carcass, portion, piece or strip and includes raw processed poultry meat;

[Definition substituted by regulation 2(h) of Notice No. R. 471, GG 39944, dated 22 April 2016]

 

"production lot"

means a quantity of poultry meat of the same class which is marked or will be marked with the same code;

[Definition substituted  by regulation 2(h) of Notice No. R. 988, GG 18155, dated 25 July 1997]

 

"prohibited articles"

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

[Definition inserted by regulation 2(i) of Notice No. R. 471, GG 39944, dated 22 April 2016]

 

"QUID (‘Quantitative Ingredient Declarations’)"

means the calculation of the % absorbed moisture or the % treatment with a formulated solution using the formula ((declarable weight of ingoing ingredient/weight of finished product) x 100);

[Definition inserted by regulation 2(i) of Notice No. R. 471, GG 39944, dated 22 April 2016]

 

"raw processed poultry meat"

means poultry meat which has been treated with a formulated solution, has not undergone any heat treatment and is still recognizable as a poultry carcass, portion, piece or strip;

[Definition inserted by regulation 2(i) of Notice No. R. 471, GG 39944, dated 22 April 2016]

 

"spices"

means natural dried components or mixtures of spices and aromatic plants used in foodstuffs for flavouring, seasoning and imparting aroma, and includes the whole, broken or ground form, which may either be rubbed on or added to raw poultry meat;

[Definition inserted by regulation 2(i) of Notice No. R. 471, GG 39944, dated 22 April 2016]

 

"the Act"

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

 

"trade mark"

means a trade mark as described in section 2(1) of the Trade Marks Act, 1963 (Act No. 62 of 1963).

 

"treatment" or "treated"

means the process whereby a formulated solution is added to raw poultry meat at the plant by means of but not limited to injection (pumping),

tumbling, massaging and marinating, which is—

(a) retained in the poultry meat up till the point of sale and will lead to an increase in its moisture content; and
(b) amongst others, intended to improve the eating quality (juiciness, flavour and tenderness) of the poultry meat:

Provided that water on its own or marinade shall not be injected;

[Definition inserted by regulation 2(j) of Notice No. R. 471, GG 39944, dated 22 April 2016]

 

"Undergrade"

means the grade which is assigned to poultry carcasses which do not comply with the minimum requirements of Grade B.

[Definition inserted  by regulation 2(i) of Notice No. R. 988, GG 18155, dated 25 July 1997]