| (1) |
Nutritional information when required by these Regulations or when presentated voluntarily on a label, shall always contain the following information in the order as per generic example in point 1 of Annxure 2: |
| (a) |
The heading "Typical nutritional information"; |
| (b) |
an indication of the mass or volume of a single serving; and |
| (c) |
the minimum, mandatory nutritional information as per format described in point 1 of Annexure 2, expressed per single serving as well as per 1OOg for solid foodstuffs or 100ml for liquid foodstuffs unless otherwise indicated in terms of these regulations. |
| (2) |
Nutritional information shall always be presented in the tabular format as per point 1 of Annexure 2 unless otherwise indicated in terms of these regulations. |
| (3) |
The appropriate unit of measurement shall appear behind the nutrient or energy value: Provided that— |
| (a) |
the energy content of the foodstuff shall always be declared in "kilojoules" or "kJ"; |
| (b) |
the energy value shall be calculated using the conversion factors in point 2 of Annexure 2; |
| (c) |
the amount of each nutrient shall be declared by mass; and |
| (d) |
the units of measurement as indicated in both Annexures 2 and 3 shall be used. |
| (4) |
The following information, when applicable, shall be provided beneath the table as a footer: |
| (a) |
The source of the data in the case where no claim was made but nutritional information was provided voluntarily by the manufacturer as indicated by subregulation 50(13). |
| (b) |
In the case where a foodstuff is packed in a liquid medium and nutritional information is provided, a statement where relevant, to indicate whether the nutritional information applies to the drained weight or to the net contents of the container. |
| (c) |
A statement to the effect that the nutritional information refers to the ready-to- eat product or the product as packed, whatever is appropriate. |
| (d) |
An indication of the method of analysis used to determine dietary fiber. |
Transfering nutritional information from analysis reports to nutritional information table
| (5) |
When nutrient values, obtained as a result of analysis, are prepared for the nutritional information table for labelling purposes, the nutrient value declared in the table with nutritional information, shall be rounded off appropriately as indicated in Annexure 6. |
Optional information for nutritional information table
| (6) |
Protein, vitamins and minerals for which an NRV value exist, may be expressed as a percentage of the NRV per single serving in an additional column to the right of the mandatory format in point 1 of Annexure 2. |
Verification of qualifying criteria
| (7) |
For the purposes of verifying the validity of any nutrient content claim against the qualifying criteria in Table 1, Parts A and B, "Conditions for nutrient Content Claims", the standard Nutrient Reference Value (NRV) of individuals 4 years and older as indicated in Annexure 3 shall apply. |
Single serving sizes
(8)
| (a) |
An indication of the mass or volume of a single serving shall be determined by the manufacturer and shall be an appropriate serving size for a single serving which would not encourage consumers to consume "supersize" servings which might result in an undesirable increase of their total energy intake that could contribute to unhealthy weight gain. |
| (b) |
The manufacturer shall produce appropriate, scientific, evidence-based documentation justifying the serving size that was chosen and shall be able to provide such justification to an inspector upon request. |
Formulation changes
| (9) |
When the ingredients, excluding additives, of a foodstuff are altered in any way, the affected product shall be re-analysed for its nutritional content for labeling purposes and re-labelled. |
Special characteristics or properties
(10)
| (a) |
No claim shall be made on the label of a foodstuff that the foodstuff has acquired nutritive value from nutrients or substances added for technical or sensory reasons. |
| (b) |
Subject to regulation 13(g), a claim for anti-oxidants as nutrients shall be subjected to pre-market approval and registration by the South African Health Products Regulatory Authority (SAHPRA) for efficatious daily and single serving levels. |
Claims, which depend on another foodstuff
| (11) |
A claim regarding the nutrient and/or energy content of a foodstuff shall not refer to any foodstuff not included in the package: Provided that in the case of a foodstuff which is an adjunct to the foodstuff in the package but is not itself in the package, such claims may be made, provided that it is clearly indicated that such claim does not refer to the foodstuff in the package and all nutritional information shall be given in respect of the foodstuff actually in the package. |
Mandatory nutritional information declaration requirements when a claim is made
| (12) |
Where a nutrition claim is made— |
| (a) |
the nutritional information as required by these regulations shall be the real, typical values as determined by a reputable laboratory through chemical or microbiological analysis in accordance with the methods recommended in these regulations, Guidelines or Codex, and where no specific methods are recommended, a method which has been accredited by SANAS or ILAC; |
| (b) |
the nutritional information shall— |
| (i) |
be the minimum, mandatory, nutritional information as per point 1 of Annexure 2; plus |
| (ii) |
include the appropriate nutritional information of the nutrient(s) which is/are the subject of the claim, indicated after the minimum, mandatory nutritional information as per point 1 of Annexure 2: Provided the nutrient(s) is/are not already listed as part of the minimum, mandatory nutritional information format; |
| (iii) |
in accordance with the requirements and procedures of Guideline 5— |
| (aa) |
be representative of the product as typically produced; |
| (bb) |
be the result of analysis done on a composite sample, made up of an appropriate number of samples, gathered over a suitable period of time and from a reasonable number of batches, by a reputable laboratory, to provide a true representation of the product; |
| (cc) |
be based on a laboratory analysis report compiled by an reputable laboratory; |
| (dd) |
be verified at least once every three {3) years by analysis and kept on record, and |
| (ee) |
be analysed in accordance with the methods stipulated in these regulations or where no method is stipulated, by methods approved and recommended by Codex; and. |
| (c) |
the manufacturer shall— |
| (i) |
compile a report on the details of how the sampling was conducted based on the Guideline 5; |
| (ii) |
keep the report referred to in paragraph {a) on record, and provide copies of the report to the importer and/or distributor; and |
| (iii) |
when presenting the samples to a reputable laboratory for analysis, inform the laboratory that the analysis is for labelling purposes and that the laboratory report must include the information requested in point 3 of the Guideline 5. |
General nutritional information when no claim is made
| (13) |
Where voluntary nutritional information is provided on the label but no nutrition claim is made— |
(a)
| (i) |
in the case of single ingredient agricultural commodities, the nutritional information from the latest edition of the National Food Composition Tables by the South African Medical Research Council (MRC) may be used as the source of information: Provided that in cases where no suitable information is available from the above-mentioned Food Composition Tables, other recognised Food Composition Tables, in-house analytical data, calculation based on the analytical values of individual ingredients as recorded in the Supplier Ingredient Information Files per Guideline 7 or subject to the requirements of Guideline 5, analysis by a reputable laboratory may be used; and |
| (ii) |
in the case of foodstuffs other than single ingredient agricultural commodities, in-house analytical data, analysis by a reputable laboratory or calculation based on the analytical values of individual ingredients as recorded in the Supplier Ingredient Information Files per Guideline 7, may be used. |
| (b) |
an indication of the source of the information shall be indicated as a footnote under the table with nutritional information; |
| (c) |
the minimum, mandatory nutritional information shall be given in the tabular format as per point 1 of Annexure 2, except in cases where the size of the label is restricted by the physical size of the product and less than 900 mm2 remains after the minimum requirements in terms of these regulations have been met, the nutritional information may be indicated in a linear format; and |
| (d) |
the label may, in addition to the minimum, mandatory nutritional information as per point 1 of Annexure 2, contain any other nutritional information of the manufacturer's choice per single serving and per 100 g/ml. |
Stamp Duties Act, 1968 (Act 77 of 1968)
