Second-Hand Goods Act, 2009
R 385
Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972)RegulationsRegulations relating to the Labelling and Advertising of Foodstuffs51. - 53. Claims |
General
51.
| (1) | No claim not permitted according to these regulations shall be allowed to appear on foodstuff labels or any advertisement thereof. |
| (2) | The label of the food vehicle, in respect of which a claim is made that a food vehicle is fortified as required by regulations relating to the fortification of foodstuffs under the Act, shall bear the format for the prescribed nutritional information declaration as described in point 1 of Annexure 2, expressed per daily serving and per 100g, as well as nutritional information relevant to the fortification specifications: Provided that in the case of dry, uncooked wheat flour and dry, uncooked maize meal as purchased, the daily serving shall be regarded as 100g. |
| (3) | No nutrition or energy claim or any other claim with a nutrition related message shall be permitted for packaged water. |
Nutrient content claims
52.
| (1) | No claim that describes the level of a nutrient contained in a foodstuff shall be made on a label or in an advertisement of a foodstuff, unless it complies with conditions set out in Table 1 (PARTS A and B). |
| (2) | When a nutrient content claim that is listed in Table 1 is made, the conditions specified in Table I for that claim shall apply. |
| (3) | No nutrient content claim shall be worded in any way different from the prescribed wording as specified in Table 1, namely "low", "free or virtually free", "source", "high" or "very high". |
| (4) | No person shall use words such as "rich in" or "excellent source" or "good source" or "enriched" or "enriched with (name of nutrient)" or "with added (name of nutrient(s))" or "contains (name of nutrient{s))" or any similar wording in relation to the nutrients mentioned in Table 1 as a substitute for the prescribed wording options for claims in Table 1. |
(5)
| (a) | No person shall use words such as x% fat free or any other nutrient, referred to in component A of Table 1, free, where x referred to any percentage or to any similar wording as a substitute for the prescribed wording options in Table 1A; and |
| (b) | Subject to subregulation 7 below, no person shall use the word "trace" to indicate the near absence of a nutrient in the nutritional information table, as a result of limitations in terms of analytical methodology, but may instead indicate the uncertainty about a precise value as "< (quote the lowest value on the calibration curve)". |
| (6) | In the case where a mineral is added to a foodstuff, the name of the compound from which the elemental mineral was derived shall be listed in the list of ingredients and name of the elemental mineral only shall be mentioned in the appropriate table with nutritional information. |
| (7) | Vitamins and minerals which are present either naturally or added, in amounts of less than 5% of the NRV for individuals of 4 years and older as referred to in Annexure 3 per single serving, shall not be declared in the nutritional information table, except in the case of food vehicles and packaged water; Provided where vitamins and minerals are present in amounts between 5 and 15% of the NRVs they may be listed in the nutritional information table but no claim for any of them shall be allowed. |
Summary
|
NRV for vitamins and minerals |
May a claim be made? |
May it be listed in the nutritional information table? |
|
0 - <5% |
No |
No |
|
5% - <15% |
No |
Yes |
|
15% - <30% |
Yes - "source of" |
Yes |
|
30% or more |
Yes - "high in" |
Yes |
|
60% or more |
Yes - "very high in" |
Yes |
| (8) | Where two or more conditions for a nutrient content claim are required in Table 1 (Parts A and B) the foodstuff shall meet all the conditions in order to qualify for the claim. |
| (9) | For the purposes of the conditions for nutrient content claims, foods such as soups (excluding, consummes and bouillons), reconstituted canned soups and reconstituted soup powders, custard, sauces (excluding marinades), chutney, yoghurt and thick smoothie type beverages, shall be considered solids. |
(10)
| (a) | Where a nutrient content claim ("source of' or "high in"), is made for dietary fiber content the analytical values shall be indicated in the table with nutritional information as indicated in Annexure 2 and the method of analysis used to measure the dietary fiber content shall be indicated beneath the table or in parenthesis after the word dietary fiber if label space permits. |
| (b) | Where a nutrient content claim ("source of' or "high in"), is made for dietary fiber the applicable criteria in Table 1B that corresponds with the method of analysis used to measure dietary fiber, shall be used. |
| (c) | No nutrient content claim ("source of' or "high in"), for novel fibres shall be permitted. |
| (11) | No claim shall be made on the label of a foodstuff regarding the protein content of that foodstuff, unless the following requirements are complied with: |
| (a) | The conditions, as applicable, specified in Table 1, Part B; |
| (b) | the foodstuff provides protein quality of which the analysed amino acids of the foodstuff, shall contain at least 100% of each of the amino acids as per the reference amino acids pattern listed in Annexure 5; and |
| (c) | the source(s) of protein is/are clearly indicated in the list of ingredients. |
| (12) | In addition to the conditions of Table 1 (Parts A and B), where a nutrient content claim is made— |
| (a) | regarding the amount of total fat or the amount and/or type of any fatty acid component or cholesterol, the real analytical values of all the following fatty acid components and cholesterol shall be indicated in the table with nutritional information, immediately after the declaration of total fat: |
|
Total fat:— |
... g |
|
|
of which |
saturated |
... g |
|
polyunsaturated |
... g |
|
|
monounsaturated |
... g |
|
|
Cholesterol |
... mg |
| (b) | for omega-3 fatty acids, the particular omega-3 fatty acid(s) shall be— |
| (i) | specified, and |
| (ii) | the real analytical values of all the following fatty acid components shall be indicated in the table with nutritional information, immediately after the declaration of total fat: |
|
Total fat |
... g |
|
|
of which |
saturated fatty acids |
... g |
|
polyunsaturated fatty acids |
... g |
|
|
of which omega-3 fatty acids |
... mg |
|
|
of which ALA |
... mg |
|
|
and/or EPA |
... mg |
|
|
and/or DHA |
... mg |
|
|
and/or DPA |
... mg |
|
|
monounsaturated |
... g |
|
|
Cholesterol |
... mg |
| (13) | The claim "no sugar added" or "no added sugar" or other words with a similar meaning shall not be made on the label of a foodstuff that contains added sugars defined by these regulations. |
| (14) | In the case of minced meat and processed meat products the conditions for the following claims as an indication of fat content are as follows: |
|
Lean, trim or any similar wording |
≤ 10% of total fat as analysed |
|
Extra lean, extra trim or any similar wording |
≤ 5% of total fat as analysed |
| (15) | Subject to the requirements, where applicable, of regulations 51 and 53 (1 to 14), the following conditions for nutrient content claims shall be applicable: |
TABLE 1: CONDITIONS FOR NUTRIENT CONTENT CLAIMS
|
COMPONENT A |
CLAIM |
CONDITIONS NOT MORE THAN |
|
Energy |
Low |
170kJ per 100g (solids*) 80kJ per 100 ml (liquids*) |
|
Virtually free or free from |
17kJ per 100 ml (liquids) |
|
|
Total fat |
Low |
3g per 100g (solids*) 1,5g per 100 ml (liquids*) |
|
Virtually free or free from |
0,5g per 100g/ml |
|
|
Saturated fat |
Low |
1,5g per 100g (solids*) 0,75g per 100 ml (liquids*) and not more than 10% of energy |
|
Virtually free or free |
0,1g per 100g (solids*) 0,1g per 100ml (liquids*) |
|
|
Cholesterol |
Low
Virtually free or free |
20mg per 100g (solids*) 10mg per 100ml (liquids*)
5mg per 100g (solids*) 5mg per 100 ml (liquids*)
and for both claims, low and free of, less than: 1,5g saturated fat and trans fat combined per 100g (solids) or 0,75g saturated fat per 100 ml (liquids) and 10% ** of energy from saturated fat |
|
Mono - and disaccharides |
Virtually free or free |
0,5g per 100g/ml |
|
Sodium |
Low |
120mg Na per 100g (equals 305mg NaCI) |
|
Very low |
40mg Na per 100g (equals 102mg NaCI) |
|
|
Virtually free or free |
5mg Na per 100g (equals 13mg NaCI) |
|
|
Alcohol |
Non-alcoholic |
0,5% by volume |
|
Virtually free or free |
0,05% by volume |
| * | refers to end product |
| ** | percentage expressed per total energy of end product |
TABLE 1: CONDITIONS FOR NUTRIENT CONTENT CLAIMS (continued)
|
COMPONENT B |
CLAIM |
CONDITIONS NOT LESS THAN |
||
|
Energy |
Source of |
80kJ per 100ml |
||
|
High in |
950kJ per 100g or 250kJ per 100ml |
|||
|
Carbohydrate |
High in |
13g per 100g or 6,5g per 100m |
||
|
Source of |
2,4g per 100g (solids) |
||
|
High in |
4,8g per 100g (solids) |
|||
|
Source of |
3g per 100g (solids) |
||
|
High in |
6g per 100g (solids) |
|||
|
Protein |
Source of |
5g per 100g (solids*) 2,5g per 100ml (liquids*) and 2,5g per 418kJ |
||
|
High in |
10g per 100g (solids*) 5g per 100ml (liquids*) and 5g per 418kJ |
|||
|
Polyunsaturated fatty acids (PUFA'S) |
Source of |
≥ 40% **** PUFA'S and ≤ 20% **** Saturated fatty acids and < 1g Trans fatty acids |
||
|
High in |
≥ 60% **** PUFA'S and ≤ 20% **** Saturated fatty acids and < 1g Trans fatty acids |
|||
|
Monounsaturated fatty acids (MUFA'S) |
Source of |
≥ 35% **** MUFA'S and ≤ 20% **** Saturated fatty acids and < 1g Trans fatty acids |
||
|
High in |
≥ 60% **** MUFA'S and ≤ 20% **** Saturated fatty acids and < 1g Trans fatty acids |
| * | refers to end product |
**** of total energy from fat
TABLE 1: CONDITIONS FOR NUTRIENT CONTENT CLAIMS (continued)
|
COMPONENT B |
CLAIM |
CONDITIONS NOT LESS THAN |
|
Omega-3 fatty acids |
Source of |
75 mg per single serving |
|
High in |
150 mg per single serving |
|
|
Very high in |
300 mg per single serving |
|
|
Vitamins and minerals excluding potassium# and sodium |
Source of |
15% of NRV** per serving |
|
High in |
30% of NRV** per serving |
|
|
Very high in |
60% of NRV** per serving |
|
|
Carotenoids: Betacarotene |
|
|
|
Source of |
0,5 mg per 100g |
|
|
|
High in |
2 mg per 100g |
|
Lycopene |
Source of |
0,5 mg per 100g ** |
|
High in |
2 mg per 100g *** |
|
|
Lutein |
Source of |
0,5mg per 100g |
|
High in |
2 mg per 100g |
|
|
Zeaxanthin |
Source of |
0,1mg per 100g |
|
High in |
0,5mg per 100g |
| * | refers to end product |
| ** | NRV'S for individuals older than 4 years |
| *** | Wet weight |
| # | The claims ("source of" and "high in"), shall only be permitted for potassium naturally present in foodstuffs. |
| 53. | Comparative claims |
| (1) | No claim which compares the total fat, saturated fat, cholesterol, sugar, sodium or salt, energy value or alcohol level of two or more similar foodstuffs by using one of the following words or a similar word "reduced", "less than", "fewer", "light", "lite", shall be made on the label or in an advertisement of a foodstuff, unless the following conditions are complied with: |
| (a) | the foodstuffs being compared are different versions of the same or similar foodstuffs; |
| (b) | the foodstuffs being compared are clearly labelled as follows: |
| (i) | a statement is given of the amount of difference in the energy value or relevant nutrient, or alcohol, expressed as a percentage; |
| (ii) | the identity of the foodstuff(s) to which the foodstuff is being compared, appears in close proximity to the comparative claim. |
| (c) | the comparison is based on a relative difference of at least 25% in the energy value or nutrient or alcohol content of an equivalent mass or volume (Refer to Guideline 4 for examples of how the percentage of difference can be calculated); |
| (d) | the foodstuff is labelled with the prescribed nutritional information declaration referred to in point 1 of Annexure 2, as well as nutritional information relevant to the comparative claim in terms of the specific nutrient(s), energy or alcohol content of both foods; |
| (e) | the following information shall be stated in the claim: |
| (i) | the specific nutrient(s) mentioned in subregulation 1 above and/or energy and/or alcohol content, whichever relate(s) to the comparison; |
| (ii) | a full description of the two foodstuffs that are being compared (e.g. wholegrain provita versus whole wheat bread); and |
| (iii) | the exact amounts of each of the two foodstuffs that are being compared (e.g. 3 provitas versus 1 slice brown bread). |
| (2) | Comparative claims shall not be allowed for foodstuffs for which compositional standards exist under the Agricultural Products Standards Act, 1990 (Act No. 119 of 1990) and the National Regulator for Compulsory Specifications Act, 2008 (Act No. 5 of 2008), unless specific provision is made in these standards to accommodate comparative claims. |
| (3) | Foodstuffs for which a class or category name exists under the Agricultural Products Standards Act, 1990 (Act No. 119 of 1990) and the National Regulator for Compulsory Specifications Act, 2008 (Act No. 5 of 2008), in which words that could indicated a comparative or nutrient content claim and which are listed in the Guideline shall not be regarded as a comparative or a nutrient content claim. |
| (4) | Comparative claims such as "more than", "increased" or other similar wordings are prohibited on physiologically beneficial nutrients such as vitamins, minerals, bioflavonoids, carotenoids or other beneficial food constituents. |
