DRAFT DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES No. R. AGRICULTURAL PRODUCT STANDARDS ACT, 1990 (ACT No. 119 OF 1990) REGULATIONS RELATING TO DAIRY PRODUCTS AND IMITATION DAIRY PRODUCTS The Minister of Agriculture, Forestry and Fisheries has under section 15 of the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990) -- (a) made the regulations in this Schedule; and (b) repealed the regulations published by the following Government Notices: (i) R. 1595 of 28 September 1962. (ii) R. 1596 of 28 September 1962. (iii) R. 1782 of 6 November 1964. (iv) R. 1783 of 6 November 1964. (v) R. 2145 of 31 December 1964. (vi) R. 178 of 12 February 1971. (vii) R. 1806 of 9 September 1977. (viii) R. 716 of 6 April 1979. (ix) R. 600 of 28 March 1980. (x) R. 605 of 28 March 1980. (xi) R. 1331 of 9 July 1982. (xii) R. 1332 of 9 July 1982. (xiii) R. 2035 of 24 September 1982. (xiv) R. 1004 of 13 May 1983. (xv) R. 2580 of 20 November 1987. (xvi) R. 2581 of 20 November 1987. (xvii) R. 1059 of 3 June 1988. (xviii) R. 1060 of 3 June 1988. (xix) R. 2141 of 6 October 1989. (xx) R. 1465 of 26 August 1994. SCHEDULE Definitions 1. Any word or expression in these regulations to which a meaning has been assigned in the Act shall have that meaning and, unless the context otherwise indicates – "address” means an address in the Republic of South Africa which includes the street or road number (if a number has been allotted), the name of the street
Transcript
DRAFT
DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES
No. R.
AGRICULTURAL PRODUCT STANDARDS ACT, 1990
(ACT No. 119 OF 1990)
REGULATIONS RELATING TO DAIRY PRODUCTS AND IMITATION DAIRY PRODUCTS
The Minister of Agriculture, Forestry and Fisheries has under section 15 of the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990) --
(a) made the regulations in this Schedule; and
(b) repealed the regulations published by the following Government Notices:
(i) R. 1595 of 28 September 1962.(ii) R. 1596 of 28 September 1962.(iii) R. 1782 of 6 November 1964.(iv) R. 1783 of 6 November 1964.(v) R. 2145 of 31 December 1964.(vi) R. 178 of 12 February 1971.(vii) R. 1806 of 9 September 1977.(viii) R. 716 of 6 April 1979.(ix) R. 600 of 28 March 1980.(x) R. 605 of 28 March 1980.(xi) R. 1331 of 9 July 1982.(xii) R. 1332 of 9 July 1982.(xiii) R. 2035 of 24 September 1982.(xiv) R. 1004 of 13 May 1983.(xv) R. 2580 of 20 November 1987.(xvi) R. 2581 of 20 November 1987.(xvii) R. 1059 of 3 June 1988.(xviii) R. 1060 of 3 June 1988.(xix) R. 2141 of 6 October 1989.(xx) R. 1465 of 26 August 1994.
SCHEDULE
Definitions
1. Any word or expression in these regulations to which a meaning has been assigned in the Act shall have that meaning and, unless the context otherwise indicates –
"address” means an address in the Republic of South Africa which includes the street or road number (if
a number has been allotted), the name of the street or road and the name of the town, village or suburb
and, in the case of a farm, the name of the farm and of the magisterial district in which it is situated and,
in the case of imported dairy products or imported imitation dairy products, the address of the
manufacturer, packer or importer. In the case where a postal address is used, it must be accompanied by
a telephone number;
"animal fat" means any fat of animal origin, excluding milk fat and marine fat;
"class designation" means a class designation, alternate class designation or other designation referred to in regulation 24;
"composite dairy product" means a product consisting of a combination of a primary dairy product and another foodstuff the solids of which are not intended to replace any part of the milk solids of that primary dairy product;
"container” means any packaging of dairy or imitation dairy product directly in contact with the product for delivery as a single item or may potentially be sold as single items, and includes wrappers when such is offered to the consumer;
"dairy product" means a primary dairy product, a composite dairy product or a modified dairy product;
"flavour" means a complex sensation derived from the blending of smell and taste;
"food additive" means an additive as defined in the regulations made under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);
"foodstuff" means a foodstuff as defined in section 1 of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);
“fresh milk" means:
(a) unpasteurised milk
(b) pasteurised milk;
"imitation dairy product" means any product other than a dairy product or a fat spread, that is of animal or plant origin and in general appearance, presentation and intended use corresponds to a dairy product;
“importer” means any person who whether as owner, consigner, consignee, agent or broker, is in possession of or in any way entitled to the custody or control of dairy or imitation dairy product imported;
“main panel” means that part of the container or label that bears the brand or trade name of the product in greatest prominence or any other part of the label that bears the brand or trade name in equal prominence;
“manufacturer“ means any person who process dairy products or imitation dairy products;
"marine fat" means fat obtained from marine animals;
"milk" means the normal secretion of the mammary glands of bovines, goats or sheep with the exception of coconut milk, soya milk and rice milk;
"milk solids" means the solids of milk after the removal of the moisture;
"modified dairy product" means a product that, in so far as it relates to general appearance, presentation and intended use, corresponds to a primary dairy product, and of which not more than 50 per cent of the fat content, protein content and carbohydrate content has respectively been obtained from a source other than a primary dairy product;
"outer container" means any packaging of individual containers whether it completely or partially enclose the containers;
"packer" means a person dealing in the course of trade with a dairy product or an imitation dairy product by packing it for sale, and also a person on behalf of whom such product is packed for sale and, in the case of such product that is imported into the Republic, the person importing it for sale;
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"pasteurisation" means the heat treatment of a dairy product or an imitation dairy product as defined in the regulations made under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972) and must comply with requirements as set out in Table 1A;
"polyunsaturated", with regard to a fatty acid or a fat, means a fatty acid of a fat which has two or more methylene-interrupted cis-double bonds in the fatty acid chain;
"primary dairy product" means milk or a product that has been derived or manufactured solely from milk, and to which has been added no substance other than a permitted (in terms of this regulations and as defined in the regulations made under the Foodstuffs, Cosmetics, and Disinfectant Act, 1972 (ActNo.54 of 1972) manufacturing substance, flavourant, colourant, vitamin or mineral not intended to replace any part of the milk solids in that product, and includes a product that consists of a combination of two or more such products;
“reconstituted milk product“ means milk or a milk product resulting from the addition of water to the dried or concentrated form of the product in the amount necessary to re-establish the appropriate water to solid ratio;
“recombined milk product” means milk or a milk product resulting from the combining of milkfat and milk-solids-fat in their preserved forms with or without the addition of water to achieve the appropriate milk product composition;
"sterilization” means the heat treatment of a dairy product or an imitation dairy product as defined in the regulations made under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972) and must comply with requirements as set out in Table 1A;
"the Act" means the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990);
“traceability“ means the ability to follow the movement of a dairy or an imitation dairy product through stages of production, processing and distribution;
"trade mark" means a trade mark as defined in section 2(1) of the Trade Marks Act, 1993 (Act No. 194 of 1993);
“U.H.T. treated” means the heat treatment of a dairy product or an imitation dairy product as defined in the regulations made under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972) and must comply with requirements as set out in Table 1A ;
“Ultra pasteurized “means that a dairy product has been thermally processed at a temperature higher than 80 °C for less than 1 second and cooled immediately to below 5 °C, either before or after packaging, so as to produce a product which is resistant to micro-biological decay for at least 21 days at temperature of higher than 0°C but less than 5 °C and which comply with requirements as set out in Table 1A;
"vegetable oil" means oil or fat that is obtained from vegetable matter; and
"yoghurt culture" means a culture consisting of Lactobacillus bulgaricus, Streptococcus thermophilus or another similar culture used for the manufacture of the primary dairy product known as yoghurt.
Restrictions for sale
2. (1) No person shall, sell dairy product or imitation dairy product in the Republic of South Africa --
(a) unless the product in question is sold according to such classes as may be prescribed by regulation 3 and 21;
(b) unless the product in question complies with the standards so prescribed for the composition thereof, and contains the ingredients and other substances so prescribed as ingredients and other substances which it shall contain;
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(c) unless the product in question is packed in a container and in a manner so prescribed by regulation;
(d) unless a container in which such product is packed, is marked with particulars and in a manner so prescribed by the regulation;
(e) if the product in question contains a substance so prescribed as a substance which it may not contain;
(f) if the dairy and imitation dairy product contains prohibited articles in terms of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);
(2) The prohibition set out in paragraph 2 (1) shall not apply to the sale of a dairy product or an imitation dairy product that is an infant formula as defined in the regulations made under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972); and
(3) The Executive Officer may grant written exemption, entirely or partially to any person on such condition, as he or she may deem necessary, from the provisions of subregulation (1).
Classes of primary, modified and composite dairy products
3. (1) Primary, modified and composite dairy products shall --
(a) in the case of a type of product specified in column 1 of Table 1-15 , be classified in the classes specified in column 2 or 3 of the said table opposite thereto;
(b) in the case of a type of cheese specified in column 1 of Table 7, be classified in the classes specified in column 2, 3 or 4 of the said Table opposite thereto.
Standards for primary, modified and composite dairy products
4. (1) A dairy product that is classified as being of a class referred to in regulation 3(1) (a) shall --
(a) have a clean and characteristic flavour;
(b) subject to the provisions of subregulation (3), be free of any substance that does not naturally form part of milk; and
(c) comply with the applicable standards specified in columns 4, 5, 6, 7, 8, 9 and 10 of Table 1 -15 opposite the class concerned.
(2) Subject to the provisions of sub regulation (1), primary, modified and composite dairy products shall comply with the additional requirements for each product concerned.
(3) A primary, modified and composite dairy product may contain other foodstuffs and food additives to the extent permissible under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972).
Standards for milk
5. (1) A primary dairy product of the type known as milk and reconstituted milk shall--
(a) not clot when boiled for five minutes.
(b) comply with the provisions of regulation 4 and the indication of heat treatment as stipulated in Table 1A.
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(2) The word milk in the class designation of the type of a primary diary product known as flavoured milk may be substituted by the word “milkshake” if the product shows thickening after agitation.
(3) If a primary product has been obtained from the milk of an animal other than a cow of the bovine specie, the applicable class designation for that product shall be preceded by the name of the specie of the animal concerned.
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TABLE 1CLASSES OF AND STANDARDS FOR MILK
Type of primary dairy product
Class designation Alternate classdesignation
Milk fat content (%)(m/m)
Minimum solidsnot fat content
Minimum milk protein content calculated on a fat- free basis
(%)(m/m)
pH-value Maximum freezing point
(°C)
Additional requirements
calculatedon thetotal
content(%)(m/m)
calculatedon a
fat-freebasis
(%)(m/m)1 2 3 4 5 6 7 8 9 10
Milk High Fat Pasteurised Milk
High Fat Ultra Pasteurized Milk
High Fat UHT Milk
High fat Sterilised Milk
Pasteurized high fat milk
Ultra Pasteurized high fat milk
UHT high fat milk
Sterilized high Fat Milk.
More than4.5
8.3 8.6 3.0 6.5 to 6.8 -0.512 See Table 1A
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Type of primary dairy product
Class designation Alternate classdesignation
Milk fat content (%)(m/m)
Minimum solidsnot fat content
Minimum milk protein content calculated on a fat- free basis
(%)(m/m)
pH-value Maximum freezing point
(°C)
Additional requirements
calculatedon thetotal
content(%)(m/m)
calculatedon a
fat-freebasis
(%)(m/m)1 2 3 4 5 6 7 8 9 10
Full fat/ full cream Pasteurised Milk
Full fat/ full cream Ultra Pasteurized Milk
Full fat/ full cream UHT Milk
Full fat/ full cream Sterilised Milk
Pasteurized full cream milk
Ultra Pasteurized full cream/full fat milk
UHT full cream/full fat milk
Full Cream/full fat sterilized milk
3.3 - 4.5 8.3 8.6 3.0 6.5 to 6.8 -0.512 See Table 1A
Low fat Pasteurized Milk
Low fat Ultra Pasteurized Milk
Low fat UHT Milk
Low fat Sterilised Milk
Pasteurized low fat milk
Ultra Pasteurized low fat milk
UHT low fat milk
Sterilized Low fat milk
0.5 - 2.5 8.3 8.6 3.0 6.5 to 6.8 -.0512 See Table 1A
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Type of primary dairy product
Class designation Alternate classdesignation
Milk fat content (%)(m/m)
Minimum solidsnot fat content
Minimum milk protein content calculated on a fat- free basis
(%)(m/m)
pH-value Maximum freezing point
(°C)
Additional requirements
calculatedon thetotal
content(%)(m/m)
calculatedon a
fat-freebasis
(%)(m/m)1 2 3 4 5 6 7 8 9 10
Fat free Pasteurised Milk
Fat free Ultra Pasteurized Milk
Fat free UHT Milk
Fat free Sterilised Milk
Pasteurized fat free milk/skim(med)
Ultra Pasteurized fat free/skimmed milk
UHT fat free/skim(med) milk
Sterilized fat free/skim(med) milk
Less than 0.5 8.3 8.6 3.0 6.5 to 6.8 Less than -0.512
See Table 1A
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Type of primary dairy product
Class designation Alternate classdesignation
Milk fat content (%)(m/m)
Minimum solidsnot fat content
Minimum milk protein content calculated on a fat- free basis
(%)(m/m)
pH-value Maximum freezing point
(°C)
Additional requirements
calculatedon thetotal
content(%)(m/m)
calculatedon a
fat-freebasis
(%)(m/m)1 2 3 4 5 6 7 8 9 10
Unsweetened condensed milk
Unsweetened condensed full fat milk
Unsweetened condensed low fat milk
Unsweetened condensed fat free milk
Unsweetened evaporated full cream milk; unsweetened condensed milk; unsweetened evaporated milk; unsweetened condensed full cream milk; evaporated milk
Lactulose Not detectable <50mg/litre <400mg/litre >600mg/litre
Bacteria Detectable Detectable None None
Standards for Cultured Milk
6. (1) A primary dairy product of the type known as cultured milk shall:
(a) be obtained from pasteurized milk that has been inoculated with a culture to produce a microbiological flora under controlled conditions which contain at least 10 7 colony forming units per gram (CFU/g) of viable lactic acid and aroma producing micro-organisms per gram of a product,
(b) Comply with the provisions of regulation 4.
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TABLE 2CLASSES OF AND STANDARDS FOR CULTURED MILK
Type of primary
dairy product
Class designation
Alternate Class Designation
Milk fat content
(%)(m/m)
Milk solids non fat content
Minimum milk
protein content
calculated on a fat
free basis (%)
(m/m)
pH- value
Calculated on the
total content
(%) (m/m)
Calculated on a fat
free basis (%) (m/m)
1 2 3 4 5 6 7 8Cultured milk Cultured
high-fat milk
High-fat maas; High-fat amazi
More than 4.5
8.2 8.6 3.0 Less than 4.6
Cultured full-fat milk
Sour milkMaas/ Amazi/AmasiCultured full cream milk; Full cream amazi/Amasi
7. (1) A primary dairy product of the type known as buttermilk shall --
(a) be obtained by the butter making process, and may be inoculated with a butter culture or with lactic acid and aroma producing culture;
(b) in the case of the class known as cultured buttermilk, be obtained from pasteurized buttermilk or pasteurised milk, soured by inoculation with a butter culture or lactic acid and aroma producing culture;
(c) comply with the provisions of regulation 4.
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TABLE 3CLASSES OF AND STANDARDS FOR BUTTERMILK & CULTURED BUTTER MILK
Type of primary dairy product
Class Designation
Alternate Class Designation
Min solid non-fat(calc on total
content)
pH-value
1 2 3 4 5
Buttermilk Buttermilk * 6.0 *
Cultured buttermilk
Cultured buttermilk
* 8.3 Less than 4.6
Standards for Yoghurt
8. (1) A primary dairy product of the type known as yoghurt shall --
(a) be manufactured mainly from the primary dairy products known as milk and reconstituted milk;
(b) after pasteurization be fermented with a yoghurt type culture;
(c) contain at least 107 CFU/g of viable yoghurt-type micro-organisms per gram of a product and;
(d) comply with the provisions of regulation 4.
TABLE 4CLASSES OF AND STANDARDS FOR YOGHURT
Type of primary dairy
product
Class Designation Alternate class designation
Milk Fat content%(m/m)
Milk solids non fat content Protein contentCalculated
Standards for yoghurt with added foodstuffs and additives
9. (1) A composite dairy product of the type known as yoghurt with added foodstuffs and additives, shall --
(a) have a clean and characteristic flavour;
(b) subject to the provisions of subregulation 4(3), be free of any substance that does not naturally form part of milk or the foodstuff that has been added thereto;
(c) comply with the applicable standards specified in columns 4 and 5 of Table 5 opposite the class concerned;
(d) shall be manufactured mainly from the primary dairy products known as milk and reconstituted milk;
(e) be fermented with a yoghurt culture; and
(f) contain at least 107 CFU/g of viable yoghurt-type micro-organisms per gram of a product, except in the case of yoghurt which has been heat treated after inoculation.
(2) A composite dairy product of the type known as fruit yoghurt shall have a fruit content of at least 6 per cent but not more than 25 per cent.
(3) A composite dairy product may contain other foodstuffs and food additives to the extent permissible under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972).
(4) The total dry matter content of a composite dairy product of the type known as yoghurt with added foodstuffs and additives other than fruit, and which has been sweetened with a non-nutritive sweetener, shall, in the case of --
(a) full-fat yoghurt with added foodstuffs be at least 14,5 per cent (m/m);
(b) low-fat yoghurt with added foodstuffs be at least 14,0 per cent (m/m); and
(c) fat-free yoghurt with added foodstuffs be at least 13,0 per cent (m/m).
(5) The total dry matter content of a composite dairy product of the type known as yoghurt with added fruit and additives, which has been sweetened with a non-nutritive sweetener, shall in the case of --
(a) full-fat yoghurt with added fruit be at least 14,5 per cent (m/m);
(b) low-fat yoghurt with added fruit be at least 14,0 per cent (m/m); and
(c) fat-free yoghurt with added fruit be at least 13,5 per cent
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TABLE 5CLASSES OF AND STANDARDS FOR YOGHURT WITH ADDED FOODSTUFFS
Type of composite dairy
product
Class designation Alternate class designation
Milk-fat content(%)(m/m)
Total dry mattercontent (%)(m/m) Minimum
Protein Content
Additional Requirements
1 2 3 4 5 6 7
1. Fruit yoghurt High-fat fruit yoghurt Double-cream fruit yoghurt
More than 3.5 At least 18.0 2.7 See Regulation 9(5)
Full-fat fruit yoghurt Full-milk fruit yoghurt; Full-cream milk fruit yoghurt; Fruit yoghurt; Full-cream fruit yoghurt
2.5 - 3.5 At least 17.5 2.7
Low-fat fruit yoghurt - 0.5 - 2.5 More than 17.0 2.7
Fat-free fruit yoghurt Skim(med) milk fruit yoghurt; Skim(med) fruit yoghurt
Less than 0.5 More than 16.5 2.7
2. Yoghurt with added foodstuffs and additives other than fruit
High fat yoghurt with (name of added foodstuff)
Double cream yoghurt with (name of added foodstuff)
More than 3.5 More than 18.0 2.7 See regulation 9(4)
Full-fat yoghurt with (name of added foodstuff)
Full-cream yoghurt with (name of added
foodstuff)
2.5 – 3.5 More than 17.5 2.7
Low-fat yoghurt with (name of added foodstuff)
- 0.5 - 2.5 More than 17.0 2.7
Fat-free yoghurt with (name of added foodstuff)
- less than 0.5 More than 16.5 2.7
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Standards for Cream
10. (1) A primary dairy product of the type known as cream shall comply with the provisions of regulation 4.
(2) A primary dairy product of the class known as cultured cream shall be soured by inoculation with a lactic acid and aroma producing culture.
TABLE 6CLASSES OF AND STANDARDS FOR CREAM
Type of composite
dairy products
Class designation
Alternate class designation
Milk fat content (%)(m/m)
Minimum solid non fat
calculated on a fat free (%)(m/m)
pH-value
1 2 3 4 5 61. Cream Double cream More than 45 8.6
6.5 – 6.8Whipping cream
Cream: thick cream
35 - 45 8.6
6.5 – 6.8Whipped cream
- 25 - 35 8.6
6.5 – 6.8Dessert cream Cooking cream 20 - 25 8.6
6.5 – 6.8Coffee cream Thin or pouring
cream12 - 20 8.6
6.5 – 6.8Cultured cream Sour cream More than 20 8.6
Less than 4.6
Standards for Cheese
11. (1) A primary dairy product of the type known as cheese shall --
(a) be manufactured by coagulating wholly or partly the protein of milk, skimmed milk, partly skimmed milk, cream, whey or butter milk, or any combination of these materials, through the action of rennet or other suitable coagulating agents, and partially draining the whey resulting from the coagulation;
(b) comply with the provisions of regulation 4.
(2) Cheese may --
(a) contain rennet, colourant, calcium chloride, sodium chloride, saltpetre and the desired lactic acid forming and flavour producing bacteria or mould that has to be present in cheese with a specific designation.
(b) be ripened or unripened soft, semi-soft, semi-hard or hard product and can be coated with wax or another protective substance.
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TABLE 7CLASSES OF AND STANDARDS FOR CHEESE
Type of cheese Class designation Alternative class designation
Fat in dry matter content Minimum dry matter content
Standards for process(ed) cheese and cheese spread(s)
12. (1) Primary dairy products of the type known as process (ed) cheese and cheese spread shall --
(a) be manufactured by the grinding, mixing, melting and emulsifying, with the aid of heat and an emulsifying agent, of a type of cheese specified in item 1, 2, 3 or 4 of column 1 of Table 7;
(b) during the manufacture thereof be heat treated for 30 seconds at a temperature of 70°C, or any other equivalent or greater time/temperature combination; and
(c) comply with the provisions of regulation 4.
(2) If a designation specified in column 3 of Table 7 is used in connection with the sale thereof, consist of at least 50 per cent of the cheese concerned: Provided that the fat-in-dry-matter content of that process cheese or cheese spread may be up to three per cent less than that required for cheese of the designation concerned.
TABLE 8CLASSES OF AND STANDARD FOR PROCESS(ED) CHEESE AND CHEESE SPREAD(S)
Type of cheese
Class designation Alternative class designation
Fat in dry matter content Minimum dry matter content
(%)(m/m)Minimum (%)
(m/m)Maximum (%)(m/m)
1 2 3 4 5 61. Process
cheeseHigh-fat process cheese
- 60 * 52
Full-fat process cheese
Full-cream process cheese
45 59 45
Medium-fat process cheese
Medium-cream process cheese
25 44 40
Low-fat process cheese
* 10 24 36
Fat-free process cheese
Skim(med) process cheese
* 10 34
2. Cheese spread
High-fat cheese spread
60 * 44
(Full-fat) cheese spread
Full-cream cheese spread
45 59 41
Medium-fat cheese spread
Medium-cream cheese spread
25 45 31
Low-fat cheese spread
* 10 24 30
Fat-free cheese spread
Skim(med) cheese spread
* 10 29
* Not specified
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Standards for process(ed) cheese and cheese spread(s) with added foodstuffs
13. (1) A composite dairy product of the type known as process(ed) cheese and cheese spread(s) with added foodstuffs shall --
(a) comply with the provisions of regulation 4;
(b) subject to the provisions of regulation 4(3) be free of any substance that does not naturally form part of process(ed) cheese and cheese spread(s) or the foodstuff that has been added thereto; and
(c) comply with the applicable standards specified in columns 4 and 5 of Table 9 opposite the class concerned;
(d) be manufactured by the grinding, mixing, melting and emulsifying, with the aid of heat and an emulsifying agent, of a type of cheese specified in item 1, 2, 3 or 4 of column 1 of Table 7; and
(e) during the manufacture thereof be heat treated for 30 seconds at a temperature of 70°C, or any other equivalent or greater time/temperature combination.
(2) At least 80 per cent of the dry matter content of process(ed) cheese and cheese spread(s) with added foodstuffs shall consist of ingredients derived from dairy products: Provided that not more than 5 per cent of such dry matter content shall consist of lactose.
TABLE 9CLASSES OF AND STANDARDS FOR PROCESS (ED) CHEESE AND CHEESE SPREAD WITH
ADDED FOODSTUFFS
Type of cheese Class designation Alternative class designation
Fat in dry matter content Minimum dry matter
content (%)(m/m)
Minimum (%)(m/m)
Maximum (%)(m/m)
1 2 3 4 5 6
1. Process cheese with added foodstuffs
High-fat process cheese with (name of added foodstuff)
Double-cream process cheese with (name of added foodstuff)
60 * 52
Full-fat process cheese with (name of added foodstuff)
Full-cream process cheese with (name of added foodstuff); Process cheese with (name of added foodstuff)
45 59 45
Medium-fat process cheese with (name of added foodstuff)
Medium-cream process cheese with (name of added foodstuff)
25 44 40
Low-fat process cheese with (name of added foodstuff)
_10 24 36
Fat-free process cheese with (name of added foodstuff)
* * >10 34
2. Cheese spread with added foodstuffs
High-fat cheese spread with (name of added foodstuff)
Double-cream cheese spread with (name of added foodstuff)
60 * 44
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Type of cheese Class designation Alternative class designation
Fat in dry matter content Minimum dry matter
content (%)(m/m)
Minimum (%)(m/m)
Maximum (%)(m/m)
Full-fat cheese spread with (name of added foodstuff)
Full-cream cheese spread with (name of added foodstuff); Cheese spread with (name of added foodstuff)
45 59 41
Medium-fat cheese spread with (name of added foodstuff)
- 25 44 31
Low-fat cheese spread with (name of added foodstuff)
- 10 24 29
Fat-free cheese spread - * 10 25
Standards for Cream Cheese
14. (1) A primary dairy product of the type known as cream cheese shall --
(a) be manufactured mainly from the primary dairy product known as cottage cheese and cream; and
(b) comply with the provisions of regulation 4.
TABLE 10CLASSES OF AND STANDARDS FOR CREAM CHEESE
Type of cheese
Class designation Alternative class designation
Fat in dry matter content Minimum dry matter
content (%)(m/m)
Milk-fat (%)(m/m)
Minimum (%)(m/m)
Minimum (%)(m/m)
1 2 3 4 5 6 7
Cream cheese
Cream cheese 33 % Mascarpone; Full fat cream cheese 70 * 45 At least 33
15. (1) A primary dairy product of the type known as cottage cheese shall --
(a) be manufactured from milk and milk products with or without added foodstuffs; and
(b) Comply with the provisions of regulation 4.
TABLE 11CLASSES OF AND STANDARDS FOR COTTAGE CHEESE AND COTTAGE CHEESE WITH ADDED
FOODSTUFFS
Type of primary
dairy product
Class designation Alternate class designation
Milk-fat (%)(m/m)
Maximum moisture content
(%)(m/m)
Total dry matter content
(%)(m/m)
Fat-in –dry matter content
(%)(m/m)
1 2 3 4 5 6 7
Cottage cheese
Full-fat cottage cheese
Cottage cheese; Full cream cottage cheese, Creamed cottage cheese
* 75 * 45-60
Medium fat cottage cheese
* 77 * 25-45
Low fat cottage cheese
* 80 * 10-25
Fat free cottage cheese
Skimmed milk cottage cheese
* 82 * >10
Cottage cheese with added foodstuffs
Full-fat cottage cheese with (name of added foodstuff)
Cottage cheese; Full cream cottage cheese, Creamed cottage cheese
* 75 More than 27.0 45-60
Medium fat cottage cheese with (name of added foodstuff)
* 77 More than 25.0 25-45
Low fat cottage cheese with (name of added foodstuff)
* 80 More than 22.0 10-25
Fat free cottage cheese with (name of added foodstuff)
Skimmed milk cottage cheese
* 82 More than 20.0 > 10
Standards for Whey cheese
16. (1) A primary dairy product of the type known as whey cheese shall be manufactured by --
(a) The concentration of whey and the moulding of the concentrated product; and
23
(b) The coagulation of whey by heat with or without the addition of acid.
(2) Comply with the provisions of regulation 4.
Standards for Butter
17. (1) A primary dairy product of the type known as butter shall --
(a) comply with the provisions of regulation 4; and
(b) not contain any animal fat, vegetable oil or marine fat.
(2) Cream that is intended for the manufacturing of butter may by means of a substance the use of which is permitted for this purpose under the Foodstuffs, Cosmetics and Disinfectants Act, 1972, (Act No. 54 of 1972) be neutralized to a pH of not higher than 7.6.
TABLE 12CLASSES OF AND STANDARDS FOR BUTTER
Type of primary
dairy product
Class designation
Alternate class designation
Milk-fat (%)(m/m) Maximum moisture
content (%)(m/m)
Maximum solids-not-fat content (%)
(m/m)
Maximum sodium chloride
content (%)(m/m)
1 2 3 4 5 6 7
Butter Salted butter Salted butter; Butter
More than 80 16 2 2
Unsalted butter
Unsalted butter More than 82 16 2 0
Medium-fat butter
- 50 - 65 * * 2
Low-fat butter - 35 - 45 * * 2
Standards for modified butter
18. (1) A modified dairy product of the type known as modified butter shall comply with the provisions of regulation 4.
TABLE 13CLASSES OF AND STANDARDS FOR MODIFIED BUTTER
Type of primary
dairy product
Class designation
Alternate class
designation
Minimum milk
fat content(%)(m/m)
Maximum vegetable oil
content(%)(m/m)
Maximum marine fat
content(%)(m/m)
Total fat content (%)
(m/m)
Maximum sodiumchloride content
(%)(m/m)1 2 3 4 5 6 7 8
Modified butter High-fat
modified butter
High-fat butter spread
40 40 40 75 - 85 2
24
Medium-fat modified butter
Medium-fat butter spread
30 30 30 50 - 65 2
Low-fat modified butter
Low-fat butter spread
20 20 20 35 - 45 2
Standards for Dairy powder and Dairy powder blend
19. (1) Primary dairy product of the type known as dairy powder and dairy powder blends shall --
(a) be manufactured by partial removal of water from the primary liquid product concerned; and
(b) Comply with the provisions of regulation 4.
TABLE 14CLASSES OF AND STANDARDS FOR DAIRY POWDERS AND DAIRY POWDER BLENDS
Types of dairy powder product
Class designation
Alternative class designation
Milk fat (%)(m/m)Minimum protein content
calculated on a free fat basis (%) (m/m)
Maximum moisture content
(%) (m/m)
1 2 3 4 5 6
Milk powder High-fat milk powder
- More than 40 35 5.0
Full-fat milk powder
Milk powder, Dry milk , Full-cream milk powder
26 - 40 35 5.0
Medium-fat milk powder
Medium fat dry milk
10 - 26 35 5.0
Low-fat milk powder
Low fat dry milk 1.5 - 10 35 5.0
Fat-free milk powder
Skim(med) milk powder, fat free dry milk
Less than 1.5 35 5.0
Cream powder Cream powder - More than 42 34 5.0
Buttermilk powder Buttermilk powder
Dry buttermilk * * 5.0
Whey powder High-protein whey powder
Whey protein concentrate
* 35 5.0
Whey powder Dry whey More than 1.5 11 5.0
Cheese powder Cheese powder - 20.0 * 5.0
25
Types of dairy powder product
Class designation
Alternative class designation
Milk fat (%)(m/m)Minimum protein content
calculated on a free fat basis (%) (m/m)
Maximum moisture content
(%) (m/m)
1 2 3 4 5 6Dairy powder blend
High-fat dairy powder blend
Full-fat dairy powder blend
Medium-fat dairy powder blend
Low-fat dairy powder blend
Fat-free dairy powder blend
Full-cream dairy powder blend
More than 40
26 - 40
10 -26
1.5 – 10
Less than 1.5
30
30
30
30
30
5.0
5.0
5.0
5.0
5.0
TABLE 14BCLASSES OF AND STANDARDS FOR DAIRY BUTTER OIL
Types of dairy powder product
Class designation
Alternative class designation
Milk fat (%)(m/m) Minimum protein content calculated on a free fat basis
(%) (m/m)
Maximum moisture
content (%) (m/m)
1 2 3 4 5 6Anhydrous milk fat
Ghee; Butter oil
Dry milk fat, Anhydrous milk fat
More than 99.6 0.3
Standards for Dairy liquid blend and cultured dairy liquid blends
20. (1) A primary dairy product of the type known as dairy liquid blend shall be made up of at least 50 % of the primary dairy product concerned.
(2) A primary dairy product of the type known as cultured dairy liquid blend shall --
(a) be manufactured from pasteurized dairy liquid blend which has been inoculated with a culture to produce a specific microbiological flora under controlled conditions;
(b) contain at least 40 % of the cultured milk in the final product; and
(c) Comply with the provisions of regulation 4.
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TABLE 15CLASSES OF AND STANDARDS FOR LIQUID CULTURED BLENDS
Type of composite dairy product
Class designation
Alternate class designation Fat content Minimun solids non fat content
(a) in the case of a type of product specified in column 1 of Table 16 , be classified in the classes specified in column 2 of the said table opposite thereto;
(b) have a clean and characteristic flavour;
(c) subject to the provisions of subregulation (4), be free of any substance that does not naturally form part of the raw materials from which it is manufactured;
(d) comply with the applicable standards specified in columns 3 and 4 of Table 16 opposite the class concerned; and
(e) except where expressly provided otherwise in Table 16, have at least the same fat content, protein content and carbohydrate content as a dairy product with corresponding appearance, organoleptic characteristics and intended use.
(2) At least 50 per cent of the dry matter content of an imitation dairy product of the type known as imitation milk product shall consist of milk solids: Provided that at least 50 per cent of such milk solids shall consist of a primary dairy product of the class known as fat-free milk powder.
(3) An imitation dairy product of the type known as sweetened condensed milk with vegetable oil shall consist of a composite dairy product of the type known as sweetened condensed fat-free milk, to which vegetable oil has been added, and
(4) An imitation dairy product may contain other foodstuffs and food additives to the extent permissible under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972).
TABLE 16CLASSES OF AND STANDARDS FOR IMITATION DAIRY PRODUCTS
Type of imitation dairy product Class designation Minimum total fat content
(%)(m/m)
Minimum milk protein content calculated on a fat-
free basis (%)(m/m)1 2 3 4
1. Creamer Coffee-creamer * *Tea-creamer * *
2. Imitation milk product Blend * 20.0
3. Imitation-cream Dessert topping 20.0 *
4. Sweetened condensed milk with vegetable oil
Sweetened condensed milk with vegetable oil
8.0 7.5
5. Imitation Cheese Imitation Cheese * *
* Not specified
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Requirements for containers
22. (1) A container in which a dairy product or an imitation dairy product is packed shall --
(a) be made from a material that --
(i) is suitable for this purpose;
(ii) will protect the contents thereof from contamination; and
(iii) will not impart any undesirable flavour to the contents thereof.
(b) be so strong that it will not be damaged or deformed during normal storage, handling and transport practices;
(c) in the case of a container that is re-used, be thoroughly cleaned and sterilized before a dairy product or an imitation dairy product is packed therein;
(d) be unbroken; and
(e) be closed properly in a manner permitted by the nature thereof.
(2) No outer container shall contain more than one class of dairy product or imitation dairy product, irrespective whether those dairy products or imitation dairy products are packed therein in separate containers.
Marking of containers
23. (1) The main panel of a container of a dairy product or an imitation dairy product shall be marked with the following particulars in at least English:
(a) The applicable class designation of that dairy product or imitation dairy product as required in regulation 24.
(b) The applicable additions to such class designation as required in regulation 25.
(c) If applicable, the additional particulars as required in regulation 26.
(2) A container of a dairy product or an imitation diary product shall, either on the main panel or on any other conspicuous place thereon, be marked with the following particulars:
(a) The name and address of the packer of that dairy product or imitation dairy product as required in regulation 27.
(b) If applicable, the particulars as required in regulation 29.
(c) The nett mass or volume of dairy product or imitation dairy product packed therein as required in terms of the Trade Metrology Act, 1973 (Act No. 77 of 1973).
(d) “The country of origin.”, “Product of South Africa” or “Manufactured in South Africa” – expressed optionally if only produced and distributed in the Republic of South Africa.
(3) (a) The particulars referred to in paragraphs (a) and (c) of subregulation (1) and paragraphs (a) and (b) of subregulation (2) shall be marked on an outer container in which more than one separate container of a dairy product or an imitation dairy product is packed.
(b) The particulars in regulation 29(2), as well as those referred to in paragraph (a)
29
of subregulation (2) shall be marked on the inner container of an imitation dairy product and a dairy product of the type known as dairy powder blend.
(4) Subject to the provisions of subregulation (6) the particulars referred to in subregulations (1) and (2) shall be indicated in detached letters and figures:
(a) that are in each separate case of the same colour, type and size;
(b) of which the minimum vertical height, shall be at least 2 mm: Provided that in the case where the marking requirements are indicated on a foil lid, all the relevant marking requirements must be indicated and not be smaller than 1 mm; and
(c) that are clearly legible.
(5) (a) If a word or expression forms part of the class designation differ in size the difference in size between the smallest and the largest letter may not be more than 5mm.
(b) An outer container in which one or more containers of a dairy product or an
imitation dairy product is packed, shall for the purposes of these regulations be deemed to contain the mass of dairy product or imitation dairy product that is contained in total by the respective containers packed therein.
(c) In the class designation of a type of composite dairy product as specified in items 2 in column 1 of Table 5 and of a type of cheese with added foodstuffs as specified in items 1 and 2 in column 1 of Table 9, the name of the added foodstuff may be indicated in a different letter type, size and colour and on a different background colour: Provided that --
(i) the letters indicated shall not be larger in size than the letter size of the class designation and;
(ii) it is indicated immediately before or after the rest of the class designation.
(d) The words "with" or "met" in the class designation of a type of composite dairy product as specified in items 2 and 3 in column 1 of Table 5 and of a type of cheese with added foodstuffs as specified in items 1 and 2 in column 1 of Table 9 are optional and may be indicated in a different colour, type and size of letter
(e) The indication of the fat content of a dairy product in the class designation may be indicated in a different letter size and type: Provided that --
(i) the letters indicated shall not be larger than the size of the rest of the class designation; and
(ii) the fat class indication appears immediately before or after the rest of the class designation.
(6) If a primary dairy product known as milk/Amasi is sold in the container of the buyer, the container from which such milk/Amasi is sold shall be marked in the immediate vicinity of the tap of the container with the applicable class designation and the manner of heat treatment, e.g.“pasteurised” or if not “raw” or “unpasteurised” in terms of these regulations, in letters and figures of which the minimum vertical height is at least 30mm.
(7) If a primary dairy product known as cheese is cut and packed in the retail trade, the container or wrapper thereof shall be provided with a label on which the class designation or, where applicable, the trade mark designation, as well as a packing code , and shall be indicated in clear, legible letters and figures. In the case of bulk imported cheese, the country of origin should be added.
30
(8) (a) If any food additive or foodstuff has been added to a dairy product or an imitation dairy product, the particulars thereof shall, in the manner as required in terms of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972), be marked on a container of that dairy product or imitation diary product.
(b) The provisions of paragraph (a) shall not apply to a colourant that is added to butter or cheese.
(9) Dairy product may only be marked with the expression “free range“ on milk or “made from free range milk” on dairy products if such milk is from a farm certified as “free range” by the assigned certifying body (still to be appointed) and complies with the following standards;
(a) Dairy animals must be able to range freely on pasture and graze pasture, including:
(i) spending a minimum of 300 days on pasture, grazing pasture annually, and
(ii) obtaining a minimum average of 30 % of their dry-matter intake annually from grazing pasture.
(b) The stocking-density of dairy cattle on pasture should not exceed 130 head per hectare.
(c) The stocking-rate of dairy cattle on pasture should not exceed 2,000 kg per hectare.
(d) See guidelines for calculation attached as Annexure 1
Indication of class designation
24. (1) Subject to the provisions of subregulation (2), the class designation of a dairy product or an imitation dairy product that is marked on the main panel of a container thereof shall --
(a) in the case of a primary dairy products and imitation dairy products specified in column 1 of all Tables concerned, be the applicable class designation or alternate class designation centrally located on the main panel specified in column 2 or 3 of the said table;
(b) in the case of cheese specified in Table 7, one of the following:
(i) the class designation specified in column 2 of the said Table;
(ii) the alternate class designation specified in column 3 of the said Table;
(iii) a combination of such class designation and alternate class designation: Provided that such a designation shall represent a true description of the cheese concerned; or
(iv) the trade mark designation: Provided that the particulars referred to in subparagraph (i), (ii) or (iii) may be indicated on the main panel of the label together with the trade mark designation;
(c) in the case of modified butter, be the applicable class designation or alternate class designation specified in column 1 of 2 of Table 13: Provided that in the case of any other modified dairy product the word “modified” or “filled” must form part of the class designation;
(2) (a) A class designation may be marked in altered word sequence on the main panel
31
of a container on condition that the altered word sequence does not constitute a misrepresentation or does not or may not directly or by implication create a misleading impression regarding the quality, nature, origin or composition of the dairy product or imitation dairy product concerned.
(b) The word "gekondenseerde" in the Afrikaans designations of the type of primary dairy product known as unsweetened condensed milk, and of the type of composite dairy product known as sweetened condensed milk, may be substituted by the word "kondens".
(c) The word "fruit" in the class designation of the type of composite dairy product known as fruit yoghurt may be substituted by the name of the type of fruit that has been added thereto.
(d) If the milk is derived from plant material, the word “milk” shall be preceded by the name of the plant concerned, and
(e) A product labelled as “non-dairy” shall contain no dairy ingredients.
Additions to class designation
25. (1) If a flavourant has been added to a dairy product or an imitation dairy product in order to render a distinctive specific flavour thereto, the applicable class designation for that product shall be preceded by the descriptive name for the distinctive flavour concerned and the expression "Flavoured" or "Gegeurde", unless the flavourant concerned has, in the case of the dairy products known as fruit yoghurt, yoghurt, cottage cheese, process cheese and cheese spread with added foodstuffs, been added thereto to enhance the flavour of the fruit or added foodstuff concerned.
(2) In the case where a foodstuff has been added to a dairy product or imitation dairy product, the applicable class designation shall be preceded by the actual name of the foodstuff added, and the depictions may be used.
(3) If the types of primary dairy products known as milk and cream, have been pasteurized, sterilized, ultra-pasteurized, U.H.T.-treated or undergone any other processing method, the applicable class designation for that product shall, depending on the manner of processing thereof, include the expression “Pasteurized” or Gepasteuriseer”, or “Sterilized” or Gesteriliseer” or, “Ultra-pasteurized or Ultra gepasteuriseerd” or “UHT” or as the case may be;
(a) the expression “Long Life” or “Langlewe” may be used on “Sterilised“ and “UHT” milk provided that the heat treatment also be indicated on the main panel in close proximity to the class designation”.
(4) The provisions of subregulation (3) shall mutatis mutandis apply to dairy products of the types known as yoghurt with fruits and yoghurt with added foodstuffs, if it is subjected to heat-treatment after fermentation".
(5) If the types of primary dairy products known as milk and cream have not been treated as contemplated in subregulation (3), the applicable class designation for that product shall include the expression "Unpasteurized" or "Ongepasteuriseer", or "Raw" or "Rou".
(6) In the case of modified flavoured milk and powdered modified cream the definition of “modified dairy product” shall be complied to and the word “modified” must form part of the class designation.
Additional particulars on main panels
26 (1) (a) The main panel of a container of a primary dairy product of the type known as dairy powder blend or dairy liquid blend, and of an imitation milk product, shall be marked with a product description of the product concerned; and
32
(b) Such product description shall --(i) in the case of a primary dairy product of the types known as dairy
powder blend and dairy liquid blend, consist of an indication of the descriptive names of the main dairy ingredients of the product concerned, indicated in descending order by mass; and
(ii) in the case of imitation dairy products p, consist of an indication of the descriptive names of the main ingredients of the product concerned, indicated in descending order by mass on the main panel.
(2) If a dairy product or an imitation dairy product has been sweetened--
(a) the expression "Sweetened" or "Versoet" shall be indicated on the main panel of a container thereof; and
(b) the descriptive name of the sweetener which was used, shall be included in the particulars required to be indicated in terms of regulation 23(8) (a).
(3) If a primary dairy product of a particular class is a main constituent of an imitation dairy product referred to in paragraph 1(a), the descriptive name for such primary dairy product in a product description referred to in paragraph 1(b) shall be the applicable class designation for that dairy product.
(4) If vegetable oil is a constituent of an imitation dairy product referred to in paragraph 1(a), the type of vegetable oil shall also be indicated.
(5) (a) The main panel of a container of an imitation dairy product of the type known as imitation milk product shall be marked with an indication of the minimum extent to which milk solids obtained from milk, milk powder, whey powder or buttermilk powder forms part of the product concerned; and
(b) The extent thus indicated shall be calculated on a mass per mass basis and be expressed as a percentage of the total solids of the product concerned: Provided that this information may be included in a nutritional table in accordance with the requirements of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972).
Indication of packer
27. (1) The name of the packer of a dairy product or an imitation dairy product that is marked on a container shall --
(a) consist of the initials and surname or trade name of the packer concerned; and
(b) address, and shall be indicated immediately after the particulars referred in (a)
(c) in the case of a product that is imported into the Republic to be sold in the retail trade, be preceded by the expression "Imported by" or "Ingevoer deur" or any other expression with similar meaning.
(2) If a dairy product or an imitation dairy product has been manufactured or packed on behalf of a person --
(a) the initials and surname or trade name of the person on whose behalf that product has been manufactured or packed shall be substituted for the particulars referred to in paragraph (a) of subregulation (1);
(b) the address shall be marked on such container immediately after the particulars referred to in paragraph (a); and
(c) the particulars referred to in the provisions of subregulations (1) may in addition
33
be marked on such container.
Indication of production lot
28. (1) A number or code that is marked on a container of a dairy product or an imitation dairy product shall represent the date of manufacture or packing of that dairy product or imitation dairy product and, if applicable, the number of the production lot thereof.
(2) Such number or code shall --
(a) be the same on all containers in which a product originating from the same production lot are packed.
(b) be on a dairy product or an imitation dairy product that is imported into the Republic in the container in which it is sold in the retail trade.
(3) Notwithstanding the provisions of subregulation (1), a number or code referred to in that subregulation shall not be required in the case of --
(a) butter and all dairy products that are packed in units of 50 g or less: Provided that in the case of butter of the classes known as salted butter and unsalted butter, the number or code concerned shall be indicated on the outer container thereof.
Additional particulars on containers
29. (1) A container of a dairy product of the type known as milk powder shall be marked with producers directions for the reconstitution thereof with water in order to obtain a product, that has the same characteristics as milk.
(2) (a) A main panel of an imitation dairy product of the type known as imitation milk product shall be marked with the expression "Not for baby/infant feeding" or "Nie vir baba/voeding nie", and such expression shall be framed with a solid line;
(b) A container of a primary dairy product of the type known as dairy powder blend, dairy liquid blend or whey powder shall be marked with the expression "Not formulated for baby/infant feeding" or "Nie geformuleer vir suigelingvoeding nie", and such expression shall be framed with a solid line;
(c) For the purposes of paragraph (a) and (b), "baby" means a child under the age of three years; and
(d) The expression referred to in paragraphs (a) and (b) shall be marked in conjunction with the class designation for the product concerned.
(3) A container of butter of the class known as low-fat butter, and of modified butter of the class known as low-fat modified butter shall be marked with the expression "Not suitable for frying purposes" or "Nie geskik vir braaidoeleindes nie".
(4) If the actual salt content of a dairy product or an imitation dairy product constitutes less than one per cent of the content thereof, it may directly or by implication be indicated on the container of such product that it contains less salt (sodium chloride) than normally present in a product of that class, in which case the expression "Salt content" or "Soutinhoud", followed by the actual percentage sodium chloride content present therein, calculated to the nearest 0,2 per cent, shall be marked on the container of that product.
(5) (a) A container of butter of the classes known as medium-fat butter and low-fat butter, and of modified butter of the classes known as high-fat modified butter, medium-fat modified butter and low-fat modified butter, shall be marked with the expression "Moisture content" or "Voginhoud" followed by an indication of the
34
extent, expressed as a percentage, to which moisture constitutes part of that product; and
(b) The percentage referred to in subparagraph (a) shall not differ by more than three per cent from the actual moisture content of the product concerned.
(6) If the actual protein content of a primary dairy product of the class known as high protein whey powder or whey powder exceeds the minimum required in terms of subregulation 4 by 4 per cent or more, an indication of such actual protein content shall be marked on the container of that product.
(7) If a dairy product or an imitation diary product is imported into the Republic in the containers in which it is to be sold in the retail trade, the name of the country of origin thereof, preceded by the expression "Imported from" or "Ingevoer vanaf", or "Manufactured in" or "Vervaardig in" shall be marked on such containers.
(8) (a) If the fat content of a dairy product or an imitation diary product is indicated on the main panel of a container thereof, the indicated fat content of the product concerned shall --
(i) in the case of a liquid product, not differ by more than 0,2 gram from the actual fat content thereof; and
(ii) in the case of a non-liquid product, not differ by more than 2,0 gram from the actual fat content thereof.
(b) A primary product of the type known as cream shall, for the purpose of this subregulation be deemed to be a non-liquid product.
Restricted particulars on containers
30. (1) (a) No word, mark, illustration, depiction or other method of expression that constitutes a misrepresentation or directly or by implication creates or may create misleading impression regarding the quality, nature, class, origin or composition of a dairy product or an imitation dairy product shall be marked on a container of such product. In the case of fruit yogurt containing 6% or more fruit, depictions may be allowed of the respective fruit;
(b) The provisions of paragraph (a) shall, in the case of an imitation dairy product of the type known as imitation milk product, not be construed so as to include a prohibition on an illustration or depiction of a drinking glass or glass jug containing a liquid with a whitish colour;
(2) (a) no word or expression which so nearly resembles the class designation of a dairy product that it could be misleading with regard to the composition of an imitation dairy product shall be marked on the container of such imitation dairy product; and
(b) no class designation other than the applicable class designation of a dairy product or an imitation dairy product shall, except in the circumstances set out in regulation 24, be marked on a container thereof.
(3) No trade mark or brand name which may possibly, directly or by implication, be misleading or create a false impression of the contents of a container containing dairy product or imitation dairy product, shall appear on such a container, unless
(a) such a trade mark has been in use before the promulgation of “Regulations relating to dairy products and imitation dairy products" published by Government Notice No. R. 2581 of 20 November 1987;
(b) that trade mark is framed clearly on the container of the imitation dairy product
35
concerned; and
(c) the expression “Trade Mark “ or “Handelsmerk”, or an abbreviation of the said expression that is permissible under the Trade Marks Act, 1993 (Act No. 194 of 1993), is marked within such frame in letters of which shall be a minimum vertical height of 2mm.
(4) (a) The words "natural", "natuurlik", "super", "extra", and "ekstra", or any other word or expression that directly or by implication creates or may create the impression that a dairy product or an imitation dairy product is of a special or particular quality shall not be marked on the container of such product; and
(b) The words "mature" and "beleë" may be marked on the container of cheese only if such cheese --
(i) has been ripened for the applicable minimum ripening period specified in column 7 of Table 7;
(ii) has after organoleptic evaluation according to the method specified in Item 1 of Table 17, attained an average score of at least 4; and
(iii) has broken down sufficiently.
(5) No claim regarding the absence of any substance that does not normally occur in a dairy product or an imitation dairy product shall be marked on the container of such product.
(6) No comparison with or reference to the respective merits or demerits of dairy products against imitation dairy products, whether relevant or not, shall be marked on the container of an imitation dairy product.
(7) (a) No claim that directly or by implication creates or may create the impression that an imitation dairy product contains polyunsaturated fat or fatty acids shall be marked on the container of such product; and
(b) The expression "Contains polyunsatured fats/fatty acids" or "Bevat poli-onversadigde vette/vetsure" may be marked on a container of a dairy product or an imitation dairy product if --
(i) the total fat content of that product is at least 50 per cent per mass of the total dry matter content thereof;
(ii) the total polyunsaturated fatty acid content of that product is at least 40 per cent per mass of the total fatty acid content thereof; and
(iii) the total fatty acid content of the fat phase of that product is such that the aggregate of the palmitic acid content and the stearic acid content thereof is not more than 20 per cent per mass of the total fatty acid content thereof.
(c) If the total polyunsaturated fatty acid content of an imitation dairy product exceeds 50 per cent, this fact shall be marked on the container of such product only by the insertion of the expression "more than 50 per cent" or "meer as 50 persent" after the word “Contains” or “Bevat” in the expression referred to in paragraph (b).
(8) The word “instant” or ”kits” shall be marked on the container of a dairy product only if such product, when reconstituted in accordance with the usage instructions thereof, will disperse in water at 20 °C within 60 seconds when stirred.
(9) The provisions of this regulation shall mutatis mutandis apply to particulars that are
36
marked on --
(a) an outer container in which one or more separate containers of a dairy product or an imitation dairy product is packed; and
(b) a notice board displayed at or in the vicinity of a dairy product or an imitation dairy product that is kept or displayed for sale.
(10) The word “fresh” or “vars” shall only be marked on a container of a primary dairy product of the type known as pasteurised and unpasteurised/raw milk with no added foodstuffs or minerals and on pasteurised and unpasteurised/raw primary dairy products of the class known as “fresh cream.
Sampling
31. The methods to be employed and the procedure to be followed when a sample of a dairy product or an imitation dairy product is taken with a view to an analysis referred to in regulation 24 shall be as set out in ISO 707 “Milk and Milk products – Guidance on sampling”, second edition, 1997/07/01 and in the publications "Milk and milk products - Guide to sampling techniques", No. 50A, 1980, or "Milk and milk products - Sampling - Attribute sampling schemes for various acceptable quality levels (AQLS)", No. 113, 1982, both published by the General Secretariat, International Dairy Federation, 41 Square Vergote, B1040 Brussels, Belgium.
Methods of analysis
32. The methods to be employed and the procedure to be followed in connection with the determination of a property specified in column 1 of Table 17, of a dairy product or an imitation dairy product shall be set out in the publication of the General Secretariat, International Dairy Federation, 41 Square Vergote, B1040 Brussels, Belgium, the number, year of publication and title of which are respectively specified in columns 2, 3 and 4 of the said table opposite thereto or any other method which is accepted and approved by ISO and CODEX.
TABLE 17
METHODS OF ANALYSIS[Regulation 32]
Nature of determination No. ofpublication
Dateissued
Title
1 2 3 4
1. Organoleptic (sensory) evaluation
99A 1987 "Sensory evaluation of dairy products (recommended general code - grading of butter - grading of milk powder)".
2. Fat content 1C 1987 "Milk - determination of the fat content - Röse Gottlieb - Gravimetric method (reference method)".
5B 1986 "Cheese and processed cheese products - determination of the fat content (reference method)".
9C 1987 "Dried milk, dried whey, dried buttermilk and dried butterserum - determination of the fat content – Röse Gottlieb - (reference method)".
37
Nature of determination No. ofpublication
Dateissued
Title
1 2 3 4
13C 1987 "Evaporated milks and sweetened condensed milks - determination of the fat content (reference method)".
16C 1987 "Cream - determination of the fat content - (Röse Gottlieb reference method)".
22B 1987 "Skimmed milk, whey and buttermilk - determination of the fat content (reference method)".
24 1964 "Determination of the fat content of butter oil".
105 1981 "Milk - determination of fat content, Gerber Butyrometers".
3. Milk protein content 20A 1968 "Milk - determination of the total nitrogen content (Kjeldahl method) and calculation of crude protein content".
98A 1985 "Milk - Protein content (routine method)".
4. Total solids 4A 1982 "Cheese and Processed Cheese – determination of the total solids content (reference method)".
15B 1988 "Sweetened condensed milk – determination of the total solids content (reference method)".
21B 1987 "Milk, Cream and Evaporated Milk – determination of total solids content (reference method)".
5. Moisture content 23A 1988 "Milkfat products - determination of water content (Karl Fisher method)".
26 1964 "Determination of the water content of dried milk".
137 1986 "Butter - determination of water content".
6. Freezing point 108A 1986 "Milk - determination of freezing point - Thermistor cryoscope method".
7. Salt content 12A 1969 "Determination of the salt (Sodium Chloride) content of butter (reference method)".
88 1979 "Cheese and processed cheese products -
determination of chloride content (potentiometric titration method)".
8. Moisture, solids-not-fat and fat content
80 1977 "Butter - determination of water, solids-non-fat and fat contents on the same test portion".
38
Nature of determination No. ofpublication
Dateissued
Title
1 2 3 4
9. Dispersibility and Wettability
87 1979 "Instant dried milk - determination of dispersibility and wettability".
10. pH 104A 1984 “Butter – determination of the pH of the serum (potentiometric method)”.
Offences and penalties
33. Any person who contravenes or fails to comply with the provisions of these regulations shall be guilty of an offence and upon conviction be liable to a fine or to imprisonment in accordance with section 11 of the Act.
ANNEXURE 1 – GUIDELINES FOR CALCULATING FREE RANGE PROVISIONS
Guide to calculations Average heifer weight = (((Average cow weight x 0.9) – 35) ÷ (Average age at first calving x 30.5)) x (Age at first calving ÷ 2 x 30.5) + 35 Stocking rate = (Average cow weight x Number of cows in herd + Average heifer weight x Number of heifers) ÷ Total area of fertilized pastures Average camp size = Total area of fertilized pastures ÷ Number of camps Average group size = Cows in herd ÷ Number of groups of cows Stocking density = Average group size ÷ Average camp size
