South Africa Updates Dairy Product Labelling and Advertising Rules

South Africa has introduced updated labelling and advertising standards for Milk, Cheese, and Yogurt through regulatory frameworks.

Compliance Requirements for Labelling and Advertising of Milk, Cheese, and Yogurt in South Africa

Key Requirements Under the Regulations Relating to the Labelling and Advertising of Foodstuffs (R3287 of 14 April 2023)

The updated Regulations Relating to the Labelling and Advertising of Foodstuffs (R3287 of 14 April 2023) introduce stringent standards for the labelling and advertising of dairy products, including milk, cheese, and yogurt. Below is a structured breakdown of the mandatory compliance requirements:

1. Language and Legibility Requirements

• Language: Labels must be in English, with an optional second official South African language if space permits. The minimum font size for mandatory information cannot be reduced to accommodate additional languages¹.
• Legibility:
  • Information must be indelible, clearly visible, and easily legible, with a significant contrast between font colour and background¹.
  • Prohibited practices:
  • Colours that dominate or overwhelm label information, warnings, or Front-of-Pack Labelling (FOPL) logos¹.
  • White lettering on any background except black¹.
  • Font size requirements:
  • Product name: Minimum 4 mm vertical height on the main panel¹.
  • Other mandatory information (excluding name, warnings, and statements): Minimum 1.2 mm x-height¹.

2. Front-of-Pack Labelling (FOPL)

• Definition: A logo-based system on the principal display panel, using a nutrient profiling model to highlight nutrients of concern for non-communicable diseases (NCDs)¹.
• Applicability:
  • Mandatory for foodstuffs screened under the Nutrient Profiling Model for South Africa (Annexure 8)¹.
  • Exemption: Products that qualify under the Nutrient Profiling Model and are not marketed to children may omit FOPL logos¹.
• Purpose: Provides simple, graphic information to complement detailed nutritional declarations on the back of packaging¹.

3. Nutritional and Health Claims

• General Conditions:
  • Claims with nutrition or health messages must comply with PART III (Regulations 48–58) of the Regulations¹.
  • Nutrient Profiling Model (Annexure 8): Foodstuffs must qualify under this model to make any nutrition or health claim¹.
• Prohibited Claims:
  • Misleading endorsements: Labels may not imply endorsement by health professionals (e.g., doctors, dietitians) or health organisations unless the entity is independent and compliant with the Regulations¹.
  • Comparisons with medicines: Claims may not compare foodstuffs to complementary medicines or include medicinal substances (e.g., vitamins, probiotics) at levels classified as medicines under the Medicines Act¹.
  • Pictorial misrepresentation: Images must not create a false impression about the product’s composition, quality, or origin¹.

4. Allergen and Ingredient Declarations

• Allergens: Must be clearly declared on labels, including cross-contamination risks¹.
• Country of Origin:
  • Single-ingredient products (e.g., milk): Must declare "Product of¹" if all ingredients, processing, and labour are from one country¹.
  • Processed products (e.g., cheese, yogurt): Must declare "Produced/Manufactured in¹" if processing changes the product’s nature¹.
  • Bulk agricultural commodities: May list multiple countries of origin (e.g., "Product of South Africa and Namibia")¹.

5. Bulk and Small-Package Labelling

• Bulk Packaging:
  • If individual units are obscured by external packaging, the bulk container must display:
  • Product name.
  • Manufacturer’s name and address.
  • Storage instructions.
  • Allergen information.
  • Batch code.
  • Date marking¹.
  • Cheese and processed meats: Must show manufacturing date and re-packaging date (if sliced) on both bulk and repackaged units¹.
• Small Packages: Exemptions may apply under the Agricultural Product Standards Act or Compulsory Specifications Act, but minimum legibility standards still apply¹.

6. Prohibited Practices

• False or Misleading Representations:
  • Labels may not use words, images, or logos that imply endorsement by health professionals or government entities (e.g., Department of Health)¹.
  • Pictorial representations must not dominate or mislead about the product’s contents, origin, or quality¹.
• Irradiation and Additives:
  • Irradiated foodstuffs must be clearly labelled¹.
  • Additives (e.g., preservatives, sweeteners) must comply with specific labelling requirements¹.

7. Enforcement and Penalties

• Inspections: Food business operators must produce documentation within 2 working days upon request by an inspector¹.
• Offences: Failure to comply with labelling requirements is an offence under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972)¹.

8. Special Considerations for Dairy Products

• Frozen Products: Must be stored at ≤ 0°C and labelled accordingly¹.
• Vegetarian Claims: Must comply with Regulation 45 (not detailed in sources)¹.
• Date Marking: Mandatory for perishable dairy products (e.g., milk, yogurt)¹.

Summary Answer

The Regulations Relating to the Labelling and Advertising of Foodstuffs (R3287 of 14 April 2023) impose strict requirements for milk, cheese, and yogurt in South Africa, including:

1. Language and legibility (English mandatory, minimum font sizes, contrast rules)¹.
2. Front-of-Pack Labelling (FOPL) for products screened under the Nutrient Profiling Model¹.
3. Prohibitions on misleading claims, including health endorsements and pictorial misrepresentations¹.
4. Allergen and country-of-origin declarations¹.
5. Bulk packaging rules for obscured labels¹.
6. Enforcement mechanisms, with penalties for non-compliance¹.

Compliance is mandatory for all dairy products sold in South Africa, with no exemptions for small businesses or bulk packaging unless specified¹. For full details, refer to Annexures 5, 8, and 10 of the Regulations¹.

Sources

1. ↩ Regulations relating to the labelling and advertising of Foodstuffs (NO. R3287 OF 14 April 2023) published for public comment https://members.wto.org/crnattachments/2023/SPS/ZAF/23_9129_00_e.pdf
2. G/TBT/N/ZAF/192 https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/G/TBTN15/ZAF192A1R1C1.pdf&Open=True