Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972)

Regulations

Regulations - Soft Drinks

1. Definitions

Purchase

In these regulations "the Act" shall mean the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act 54 of 1972), and any expression to which a meaning has been assigned in the Act shall bear such meaning, and, unless inconsistent with the context—

"additive"

shall mean a substance which is specially prepared for use in foodstuffs and intentionally added to soft drinks for one or more of the following purposes:

(a)	To retain the nutritional properties;

(b)	to enhance the keeping quality or stability;

(c)	to make the soft drink more attractive to the consumer;

(d)	to act as an adjuvant in the manufacture, packaging, treatment or transport;

(e)	to provide essential constituents for dietetic soft drinks;

and which complies with any such standard of purity or quality as may be prescribed in respect of the substance concerned;

"caffeine"

means all caffeine present from whatever source in a formulated caffeinated beverage or cola beverage;

[Definition inserted by Notice No. R.317, GG35265, dated 17 April 2012]

"formulated caffeinated beverages"

means a nonalcoholic waterbased flavoured or nonflavoured beverage which contains added caffeine and may contain other substances, including ingredients, for the purpose of enhancing mental or physical performance;

[Definition inserted by Notice No. R.317, GG35265, dated 17 April 2012]

"soft drink"

shall mean any powder or liquid intended for sale as a drink for human consumption, either without or after preparation or dilution, and shall include—

(a)	any fruit or vegetable drink;

(b)	soda water, Indian or quinine tonic water, natural spring water and any sweetened artificially carbonated water, whether flavoured or unflavoured;

(c)	gingerbeer and any herbal or botanical beverage; but shall not include—

(i)	water (except as aforesaid);

(ii)	fruitjuice, sweetened or unsweetened, controlled under the Marketing Act, 1968 (Act 59 of 1968), whether sweetened or unsweetened, and whether concentrated or frozen or not;

(iii)

milk or any preparation of milk ;

(iv)	tea, coffee, cocoa or chocolate, or any preparation thereof;

(v)	any egg product ;

(vi)	any cereal product , except—

(aa)	flavoured barley water and liquid products used in the preparation of barley water; and

(bb )

any liquid produced from cereal and containing alcohol, which does not fall with in one of the following categories:

(aaa)

drinks referred to in subparagraph (viii) hereof;

(bbb )

drinks falling within the provisions of the Sorghum Beer Act, 1962 (Act 63 of 1962);

(ccc)

drinks traditionally known as maheu with a maximum total alcohol content of 1 % volume;

(vii)

meat or yeast extracts , soup or soup mixtures;

(viii)

any drink falling within the provisions of the Liquor Act, 1928 (Act 30 of 1928);

(ix)	any other unsweetened drink; or

(x)	any drink falling within the provisions of the Wine, Other Fermented Beverages and Spirits Act , 1957 (Act 25 of 1957); and

"sweetened"

shall mean containing any added permitted sweetener, and "unsweetened" shall mean containing no added permitted sweetener.