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Summary of Previous Comments as well as New IssuesDraft Regulation on Fruit & Vegetable Juices, Nectars, Drinks & Related Products – 1 st draft 2019

Explanation:1st Draft 2019Recent changes are indicated in red – need attention.

Summary of comments (this document) DAFF comments are indicated in the far right column.Explanations are in black and the action taken/not taken is indicated in red.

Colours used in the other columns are mainly as copied from the comments received.

Some important issues that need consideration and comments:(i) Take note of Item 29 of this document regarding how bulk containers intended for further processing need to be treated.(ii) Technically a product containing less than 1% alcohol is not covered by the Liquor Products Act. A juice may be “slightly fermented” but the definitions exclude

fermented products - Item 30 of this document. (iii) All products must comply with the FCD Act of Department of Health. It is not necessary to refer everywhere to the FCD Act, unless it is very important – see Item 42

of this document.(iv) A request was received to allow pulp and cells from other species in a product. Can this be allowed and what will the implication be regarding labelling? – see Item

43 of this document. (v) The limitations on the use of flavourings need to be addressed – see Items 44, 45, 56, 57, 59 and 60 of this document.(vi) Issue about the addition of water to NFC juice to standardise it – Item 52 of this document.(vii) Regulation 8(1)(a) do not allow the addition of foodstuffs to the classes Fruit/Vegetable Juice (Blends). This implies as soon as a foodstuff is added the the product

becomes a Nectar, even if it is just some spices. There are products called “Shots” made from “100% Juice” containing various added foodstuffs such as chilli, cumin, vinegar, honey, onion, etc. - .Item 75 of this document.

(viii) To what products may comminuted fruit/vegetables be added and citrus peel? – Item 61 of this document.(ix) Take note that a large amount of Fruit Drink Blends are coming on the market and that the list of fruit species is addressed differently as explained in Item 67 and 71

of this document. (x) Can vegetables be included in the 2% group, instead of 6%? - Item 72, 90, 94 of this document.(xi) Fruit Flavoured Energy Drinks are a headache since they contain various ingredients – refer to comment in Item 76 of this document.(xii) Should imported products indicate a SA address? – Item 82 of this document.(xiii) Just take note that the department has never applied the requirement that the class designation must be the largest on the container (regulation 15(1)(c) – Item 88 of

this document. This regulation may thus have a large impact on some of the labels.(xiv) There was a suggestion that the calculations should not form part of the regulations, rather as a guide. Any comments? (xv) Many of the producers have logos that depict fruit. Mostly used on the back of the container but sometimes on the front as well. The fruit is normally an orange or a

tree with oranges. This is a problem on a product that do not contain oranges, as well as on products that may not depict fruit – Any comments?

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STAKEHOLDER COMMENTS JUSTIFICATION DAFF COMMENTS

1 CONTENT Change “Fruit & vegetable drinks”… to Drinks & drink blends

As per other class namesSame principle should apply as for the other class names.

Changed as requested.

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2 DEFINITIONS “accredited” Changed to “Fit for purpose” – see comments for regulation 16(2)(d) – Item 108 of this document.

3 DEFINITIONS “clarified" in relation to fruit or vegetable juice and/or purée and concentrates thereof, means the clear product obtained by means of approved pectolytic and amolytic enzymes, conventional fining, or ultrafiltration. of freshly pressed juice;

"clarified" in relation to fruit or vegetable juice and/or puree and juice concentrates thereof, means the clear product obtained by means of approved pectolytic and amolytic enzymes, conventional fining, or ultrafiltration . of freshly pressed juice;

Clarification can also be done on previously concentrated cloudy or other juice.

Puree cannot be described as clarified – clarified is therefore only used in conjunction with juice.



4 DEFINITIONS "comminuted fruit or vegetables" means the fruit or vegetable purée prepared by suitable physical process such as pulverising, grinding or milling of whole, mature fruit or vegetables. In the case of citrus it may or may not contain cloudy citrus peel extract;

comminuted fruit or vegetables" means the fruit or vegetable purée prepared by suitable physical process such as pulverising, grinding or milling of whole, mature and sound fruit or vegetables and could include the inedible parts, i.e. rind and peel. The amount of oil may be adjusted in accordance with GMP and essence of the citrus variety concerned may be added In the case of citrus it may or may not contain cloudy citrus peel extract;

Repetition of what the definition already mentions

Changed as requested.Industry must check for correctness.

5 DEFINITIONS “Concentrate”(b) to which restoration aroma (Add: recovered during the concentration process), pulp and cells obtained by suitable physical means from the same species of fruit or vegetables concerned may be restored;Add:(c)May not be deionised or contain

deionised juice

Add red/bold parts to ensure full description


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6 DEFINITIONS container/ (Primary packaging)" Add Primary packaging as it may be more descriptive

Changed differently – The container is the packaging that comes into contact with the product.

7 DEFINITIONS “cordial” or “syrup”There are some squashes that were historically termed cordials like Roses Lime Cordial (marketed in South Africa prior to the 1980 regulations). Will the definition of cordial extend to use by these squashes or does this definition prohibit it?

The use of this term should be permitted for squashes-perhaps in the marking requirements.

Separated definitions for “syrup”, “cordial” and “squash” – “cordials may be Flavoured Fruit/Vegetable Drinks or Fruit/Vegetable Drinks

Inserted “cordial” in regulation 7(5)(f).

8 DEFINITIONS “flavouring”It is requested that a definition for flavouring that does not refer to the Foodstuffs, Cosmetics and Disinfectants Act, 1972 as the regulations relating to flavourings are not finalised or even published for comments as yet.

Perhaps the definition as per the Codex Guidelines on use of flavourings (attached) can be adapted for use.

This is the definition as in R146 (labelling regulations) of Department of Health.

9 DEFINITIONS "food additive" means a substance, regardless of its nutritive value, that is not normally consumed as a foodstuff by itself and not normally used as a typical ingredient of the foodstuff, which is added intentionally to a foodstuff for a technological (including organoleptic) purposes i.e. an enrichment substance, supplement or any other substance as permitted for in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972) which may be added to a foodstuff to effect its keeping quality, consistency, colour, taste, flavour, smell or other technical property (these substances include but is not limited to acids, bases, salts, preservatives, antioxidants, anti-caking agents, colourants,

Add part in red. Added it - in line with definition as in R146.

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flavourings, emulsifiers, stabilisers and thickeners);

10 DEFINITIONS "fresh fruit or vegetable juice" means a fermentable but unfermented product which is extracted and sold within a short period of time, and which meets the requirements which moreover meets the requirements as set out in regulation 5(1)(a);

Add part in red. Added as requested.

11 DEFINITIONS "fruit or vegetable drink" means a fermentable but unfermented product as set out in regulation 5(4)(a);

Comment: the original definition must preferably be retained because the generalisation that it is a “fermentable but unfermented product” is not necessarily true i.e. malt based non-alcoholic drink.

Retained old definition.

12 DEFINITIONS "fruit and/or vegetable flavoured drink" means a product as set out in regulation 5(5)(a);

Comment: Again, the original definition provides the base guideline for what constitutes a “flavoured drink” and should preferably retained.

Not changed.

13 DEFINITIONS "fruit or vegetable juice" means a fermentable but unfermented product as set out in regulation 5(2)(a);

Comment: The removal of the definition in its original text is undesirable and would be extremely ineffective in providing the ultimate framework of regulating juices and its authenticity. It is of the utmost importance that the original definitions are retained! In the original definition above it is also made very clear juice is obtained from the EDIBLE part of the fruit/vegetable. This definition would also make a clear distinction between juice and comminute where the latter is most often made from edible and non-edible parts.


14 DEFINITIONS "fruit or vegetable nectar" means a fermentable but unfermented product as set out in regulation 5(3)(a);

Comment: The removal of the definition in its original text is undesirable and would be extremely ineffective in providing the ultimate framework of regulating nectars and its compliance to standards. It is of the utmost importance that the original definitions are retained!


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15 DEFINITIONS "GMP (good manufacturing practice)" meansthat combination ofmanufacturing, quality control and hygiene procedures aimed at ensuring that food products are consistently manufactured to their specifications

Comment: GMP is used in the original definition for “Juice” – it should be retained

Retained.

16 DEFINITIONS Amend as indicated in red:- "micronutrient” means minerals & vitamins

- micronutrient" means vitamins, minerals or phytochemicals naturally inherent in fruit

There is no definition in FC &D act for micro nutrient.

Changed to the second suggestion.

17 DEFINITIONS “permitted nutritive sweetener”Remove ‘permitted nutritive sweeteners everywhere in the regulations that it appears and replace with nutritive sweeteners.

The GSFA does not include and therefore permit nutritive sweeteners, only non-nutritive and other sweeteners which are considered additives (General Standards for Food Additives).

Nutritive sweeteners like sugars are not additives but ingredients and thus not regulated, i.e. there are no permitted sweeteners.

Removed the word “permitted” – reference to FCD Act covers “permitted”.

18 DEFINITIONS "pulp or cells" means – (b) in the case of vegetables and all fruit other

than citrus fruit, the fermentable but unfermented product obtained from the edible parts of the same fruit or vegetable concerned without removing the juice;

Add word “Same” to prevent addition of juice/ pulp do different fruit types.

“Same” is covered by the definition for “concentrate” as well as in regulations 5(2)(a)(iii), 5(3)(a)(ii) and 5(4)(a)(ii). Removed the word “concerned” in (b).

19 DEFINITIONS "ready-to-drink"(RTD) means that --

(a) the fruit or vegetable juice is at single strength and ready for consumption without further modification or processing; or

(b) concentrated fruit or vegetable juice has been reconstituted to at least comply with the minimum Brix level as specified in Table 1 and Table 2 for the

Add parts in red. Changed as requested.

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fruit or vegetable species concerned; or

(c) the concentrated fruit or vegetable nectar, drink or related product has been reconstituted according to the dilution or mixing instructions indicated on the container which will result in a final product that complies with the minimum Brix level as specified in Table 1 and 2 for the fruit or vegetable species concerned;

Changed to:“resulting in a final product complying with the requirements for the class concerned;”

20 DEFINITIONS - “restoration aroma" means the aromatic substances and volatile flavour components obtained from the edible parts of fruits or vegetables during the processing thereof by applying suitable physical processes (these processes include in particular squeezing, extraction, distillation, filtration, adsorption, evaporation, fractionation and concentration). It is regarded as an organic chemical compound that does not mix with water and may be used to retain, preserve, or stabilise the flavour quality;

- Restoration aroma – means aromatic Substance and volatile flavouring

Aromas extracted by means of distillation will be dissolvable in water.

Use of the word flavouring in line with Foodstuffs, Cosmetics and Disinfectants Act.


21 DEFINITIONS single strength"– refer to ready-to-drink (RTD) definition

(The addition of definitions for RTD, single strength AND standard strength is very confusing, and linguistically incorrect ie “single strength” implies that some form of pre-concentration had taken place (and therefor contradicts above definition). Furthermore, currently both definitions for single strength and standard strength refer to minimum Brix requirement as set out in tables 1 &2– so why the need to differentiate? It would be easier for interpretation to define RTD and Single Strength as meaning the same thing. See

All 3 are important in the context of the regulation, have different meanings and are applicable to certain regulations where used.No change.

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further note under “standard strength”)

22 DEFINITIONS - “smoothie" means a thicker smooth in texture, cloud stable and viscous to semi-viscous product/blend which is thicker than conventional fruit or vegetable juice and may contain due to the additional of other foodstuffs and/or food additives to, amongst others, improve nutrition and accomplish thickening: Provided that the product moreover shall, based on the fruit and/or vegetable juice and/or purée content in the ready-to-drink form, meet the requirements of the class concerned under which it will resort as set out in regulation 5;

- Smoothie – means a smooth texture and or pureed fruit

- "smoothie" means a product smooth in texture, cloud stable and viscous to semi-viscous product / blend which is thicker than conventional fruit ….

“smoothie" means a smooth in texture, cloud stable and viscous to semi-viscous product/blend which is thicker than conventional fruit or vegetable juice and may contain due to the additional of other foodstuffs and/or food additives to, amongst others, improve nutrition and accomplish thickening: Provided that the product moreover shall, based on the fruit and/or vegetable juice and/or purée content in the ready-to-drink form, meet the requirements of the class concerned under which it will resort as set out in regulation 5;

Add and remove parts indicated in order to obtain a more true definition.

Smoothie are not always smooth, sometimes has pieces of fruit and /or veg hence inclusion of pureed.

Amendment to wording in order to obtain a more true definition. Allow for innovation, may not necessarily be completely smooth & could contain fruit bits.

Made some changes to definition.

23 DEFINITIONS “spices" mean dried, pungent or aromatic substances of plant vegetable origin (i.e. from the root, stem, bulb, bark or seeds) primarily used for flavouring, colouring or preserving of foodstuffs;

Change word Vegetable to plant in order to have a more correct definition


24 Definitions "standard strength" means the Brix level of Example : Changed as requested.

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fruit or vegetable juice or puree, directly expressed or reconstituted, which is equal to shall at least comply with the minimum Brix value as specified in Table 1 and Table 2 for the fruit or vegetable species concerned and is used as the reference when calculating juice content of a particular product

standard strength of orange juice = 8.6 Brix (as per table)

RTD Brix of 70% orange nectar available on retail shelves = 11.5 Brix

Concentrated 70% orange nectar 1+5 (intermediate product sold to packers) = 56.8 Brix

Single strength (or RTD) Brix of 70% orange nectar 1+5 = 11.5 Brix when diluted 1 part with 5 parts water by packer.

The juice content of the orange nectar at 11.5 Brix is calculated with 8.6 Brix as standard or reference for orange juice.

25 Definitions “Standard Operating Procedure”. Removed “Standard Operating Procedure”.The industry must negotiate with the assignee regarding how samples and how many samples need to be taken for analysis.

26 SCOPE OF REGULATION:

3(1)

Add point (e) if dairy fruit mixes are sold, both Dairy (R260) and Juice regulation(R286) will comply

To include DFBs in R286 regulation Products containing dairy and fruit juice (although very little) have been using the description Dairy Fruit Mix/Blend for many years”. This product contains less than 6% fruit juice (is thus a Fruit/Vegetable Flavoured Drink) and not enough dairy to be covered by the regulations for dairy and imitation dairy products. Included the permission to use these names under regulation 7(6)(e):(e) the descriptions " Dairy Fruit/Vegetable Drink", "Dairy Fruit/Vegetable Mix" or "Dairy Fruit/Vegetable Blend", without substituting the name of the fruit and/or vegetable in these descriptions, may be used in the place of the word “Drink” in the case of a product of the class Fruit and/or Vegetable Flavoured “X”

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Drink containing both dairy ingredients and fruit juice.

27 3(1)C) Define outer container Does this mean the outer container / shrink which is not for resale needs to comply with all the marking requirements.

The problem is that even if an outer container is not intended for sale there is no guarantee that the product may not be sold in the outer container. There is a definition for outer container – included the word “closed” in the definition since the intention is not to regulate open soft drink crates for example. Regulation 11 relates to the labelling of outer containers. Shrink is also regarded as an outer container. However take note of regulation 6(4) that states that different classes of product may not be packed in the same outer container. It would be thus possible to exclude transparent outer containers such as Shrink from the labelling requirements for outer containers – see added regulation 11(2).

28 3(3)(a) - Add… , and will fall under the soft drink regulation

- Restrictions on lemonade – should be applicable

to all carbonated soft drinks

-

Cannot only include lemonade in the regulations, all similar products should be included as well

These regulations are applicable to all drinkable products that contain fruit and/or vegetable juice or refer to fruit and vegetables. This implies that fruit and/or vegetable flavoured (soft) drinks are included, and have always been included. Although only for the indication of the class name and the restriction on the use of fruit pictures – see regulation 7(6) and 15(3). For flavoured drinks both regulations are applicable.

Lemonade is specifically excluded from the regulations due to the word “Lemon” in “Lemonade” if the product complies with the description in regulation 3(3)(a).

29 3(3) Bulk containers destined for further processing are not exempted.

- Companies making used of bulk containers for sale of fruit/vegetable juice and concentrate (also import) must apply via the assignee for dispensation. The assignee must then determine whether it is practically possible to inspect the product or not. The Executive Officer will

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then consider the dispensation and grant dispensation for a year to the specific company. This dispensation can then be renewed every year. This process will ensure that the correct containers are exempted from the regulations, will ensure traceability and inform the assignee about the product/company concerned.

30 3(3)(d) Note: We received a label where the product was “slightly fermented” for taste purposes. The alcohol % is less than 1% (the cut-off point for the Liquor Products Act).

Can we allow “slightly fermented” as descriptor? Also there may be “fermented flavours” added for taste purposes.

31 3(3)(e) Remove 3(3)(e) If this clause is included, it exempts all dairy products from R286 and it will not be regulated as such.

The intention is to exempt all dairy products since they are covered by the dairy and imitation dairy regulations.By implication it means that a drinkable product referring to fruit or vegetable and not covered by the dairy regulations, will be subject to these regulations (R.286).

32 3(3)(f)3(3)(g)

Added 3(3)(f) to exclude Ice Lollies.Added 3(3)(g) to exclude fruit flavoured powders to be mixed with milk (such as Nesquick) and fruit preparations to be used in milk/ice-cream shakes.

33 4(2)(b) Elaborate on the type of products included here, perhaps provide examples. Would this include non- alcoholic beverages?

- The principle is that where a drinkable fruit and/or vegetable product contains 6% or more juice, the product is classified according to the juice content, followed by “with…” for example Apple Nectar with Ice Tea/Malt/Rooibos etc.

34 4 (4)(b) We would like to clarify if we will be required to change the descriptor for ice tea to, for example, “Lemon flavoured tea drink” or “Lemon flavoured ice tea drink”. We would like

In order to prevent misleading consumers, and according to existing regulation, FCD R146, Regulation 9 (a) states: The label of a pre-packaged foodstuff

When the fruit and/or vegetable juice content is less than 6% then the product becomes an “Apple Flavoured Ice Tea” for example.

ITEM NO.

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to propose to keep the descriptor for cold fruit flavoured tea based drinks as “X Flavoured Ice Tea”

shall contain - (a) on the main panel, the name of the particular foodstuff, provided that where the name is not a proper description of the foodstuff, the name shall be accompanied by a appropriate description and where a name or names have been established for a food in a Codex Alimentarius Standard, at least one of these names shall be used; We feel that “X Flavoured Ice Tea” appropriately describes the product and does not have the potential to be misleading

Agree with this request.

Added a new regulations 7(6)(e)—(e) the word “Drink” may be omitted and the class presented as only Fruit and/or Vegetable Flavoured “X”, if the product can be presented as a drinkable foodstuff when substituting the word “X” by the name of the specific foodstuff;

35 Standards for classes:5(1)(a)(i)

(i) has a minimum natural juice and/or purée content of 100% (v/v) in the RTD form at single strength;

- Not changed.The definition for “Ready to drink” indicates that a concentrated product may also be diluted to the ready to drink form. Regulation 5(1) is for “Fresh” juice – there may not be any dilution.The definition for “single strength” is better for describing directly expressed juice.

The word “natural” is not in the draft?36 5(1)(a)(iii) (ii) has a minimum Brix level equal to the

minimum Brix value provided in tables 1 & 2 for the fruit or vegetable specie concerned of the directly expressed fruit or vegetable; : Provided that –

(aa) the total soluble solids (TSS) content of the single standard strength RTD juice and/or purée shall not be modified, except by blending such juice and/or purée with the juice and/or purée obtained from the same kind of fruit or vegetable; and

- Not changed.The definition for “single strength” is better for describing directly expressed juice and also refers to Tables 1 and 2.

37 5(1)(a)(vii) Should be changed to ‘Is intended to be sold for consumption within 24 – 48 hours’.

7 days is too long, the product will not survive for 7 days in an unpreserved state.

Changed to “is intended to be sold for consumption within maximum 7 days of extraction thereof”.

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is intended to be sold for consumption within maximum 7 days of extraction thereof in the case of citrus fruit, and within maximum 3 days of extraction thereof in the case of all vegetables and all fruit other than citrus

The constraint on vegetables and other fruit will hamper future developments, and it is important to note that just like orange juice, many vegetables ie garlic and ginger has antimicrobial properties and can in conjunction with fruit achieve 7 days shelf life if the appropriate precautions ito processing is maintained.

If a short consumption period is specified then dispensation must be given every time a company wants to exceed the period – rather provide enough time. However, the onus is on the seller to determine the actual shelf life, hence the following was added:Provided that—(aa) the juice is subjected to a shelf life quality and spoilage test to determine the “best before” and/or “use by” and/or "sell by" date referred to in subparagraph (vii)(ee);

38 5(1)(a)(vii)(aa) Shortest possible time The period of time needs to be defined as this can vary.

Not changed.As mentioned it varies from processing setup to type of fruit/vegetable, etc. It is up to the producer to pack it as soon as possible as it will impact on the shelf life.

39 5(1)(a)(vii)(cc) and (dd)

These are marking requirements. Moved them to regulation 13 with cross reference from 5(1)(a)(vii).

40 5(1)(b)(ii) (ii) the main ingredients shall be identified and indicated in the class designation in accordance with the marking requirements set out in regulation 7(1)(b) and 7(5)(a) – ((d).

- Not changed.This reference relates to the main ingredients and we are of the opinion that reference to regulation 7(5) is adequate. The requirement for the use of English is covered by the prohibition in regulation 3(1) that makes all marking requirements in regulation 7 compulsory.

41 5(2)(a) (a) Fruit or Vegetable Juice made from juice and/or purée, juice and /or puree concentrate, dehydrated or powdered juice and/or purée,

Changed as requested.Presume Fruit and Vegetable Juice can also be made directly from the fruit, not only from concentratre.

42 Note: The latest trend is to remove cross-references to other Acts and legislation from the regulations if it does not address a specific issue that is either different or specifically important. The ingredients list is the responsibility of Department of Health and the labels must comply with the requirements of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No, 54 of 1972), whether we refer to it or not. It is expected that we will be requested to remove most of the references to the ”requirements of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No, 54 of 1972)” anyway. Highlighted some of the references that may need to be removed in yellow.

43 5(2)(a)(iii) (iii) to which pulp and cells (the definition of The definition is for “pulp and cells” – both

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pulp already includes cells) obtained by suitable physical means from the same fruit or vegetable species, may be restored: Provided that it shall be declared in the ingredients list in accordance with the requirements of the regulations published undert the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No, 54 of 1972);

Kindly remove “same” to read as follows:(iii) to which pulp and cells obtained by suitable physical means from the same fruit or vegetable species may be restored: Provided that it shall be declared in the ingredients list in accordance with the requirements of the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);

Addition of fruit pulp and cells of other fruit and vegetable species to juice blends will assist with increasing the solids and fibre content thereof.

need to be included.

These regulations were written with the assumption that only pulp and cells from the same species could be restored – including regulation 10(2). This suggestion/request opens a new area and has various implications. Technically when pulp and cells are added some juice is also added (see definition for “pulp and cells”). Guava Juice with Orange Cells becomes a “Fruit juice Blend”, but how do we determine that 6% orange juice was added?The industry need to give guidance on this comment.

44 5(2)(a)(iv) (iv) to which restoration aroma obtained by suitable physical means (including concentration) from the same fruit or vegetable species, or from other natural sources, may be restored: Provided that it may shall be exempted from declared in the ingredients list in accordance with the requirements of the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972;)

(iv) to which restoration aroma obtained by suitable physical means (including concentration) from the same fruit or vegetable species, or from other natural sources, may be restored: Provided that it shall be exempted from declared in the ingredients list in accordance with the requirements of the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972;)

Include flavourings.

“natural aroma” do not need to be declared on ingredient statement.

Restoration is the add-back of components which existed in the original fruit or vegetable – it does not require the declaration thereof.

This regulation omits use of flavourings for 100 % juices but flavourings are used in small amounts to ensure a consistent taste to consumers which cannot be achieved due to variances in fruit/vegetables used. It is not known whether this can be achieved solely by

It is not for this regulation to decide whether an ingredient should be declared or not in the ingredients list since it is the responsibility of Act 54. This regulation also refers to “or from other natural resources” as well. These may need to be declared.

Changed all references to declaring ingredients under Act 54 to include the statement “where required”, so that the requirements of Act 54 shall determine the indication or not.

Another option is to delete this reference to the ingredients list since regulation 10(1)(f) refers to the ingredients list.

The dispensation that was issued allows for natural aromas from other natural resources as well as nature identical flavourings.

Should we include “flavourings” or “nature identical flavourings”? Since the dispensation refers to “nature

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use of restoration aroma/essence. identical flavourings” this was included, subject to comments.

45 5(2)(a)(v) (v) which may contain permitted food additives, (flavourings excluded (as per current dispensation), except those obtained from natural sources referred to in sub-paragraph (iv) above) and/or added micronutrients provided that it is included in the list of ingredients.;

(v) which may contain food additives (flavourings excluded, except those obtained from natural sources referred to in sub-paragraph (iv) above)) and/or added micronutrients;

As per current dispensation.

-

Since the dispensation refers to “nature identical flavourings” this was included, subject to comments.

Should this limit on the use of specific flavourings also be applicable to Nectars and Drinks?

46 5(2)(a)(vi) (vi) which, in the case of grape juice, may contain grape skin extract and added, restored salts of tartaric acids; and Added salts of tartaric acid shall be declared in the ingredient list

Which in the case of tomato juice, may contain added salt, spices, aromatic herbs and other similar foodstuffs added for sensory purposes.

Keep in line with international legislation.

This sub-regulation should be retained.The addition of herbs and salt etc. are for flavouring and does not affect the Brix or other compositional requirements in order to meet the class requirements.

For example, Tiger has a 100 % tomato juice with Worcestershire sauce. The Worcestershire sauce is only 0.3 % and imparts only a sensory characteristic. The Brix and other requirements for 100 % juice are still adhered to. This product cannot be considered a nectar or a blend as that may confuse consumers.

Agree, provided that the labelling complies with regulation 8(1)(a).

47 5(2)(b) and (d) (i) Addition of mandarin/ soft citrus not to exceed 10%

In line with Codex Changed as requested.

48 5(2)(b)(iv) (iii) the main ingredients shall be identified and indicated in the class designation in accordance with the marking requirements set out in regulation 7(1)(b) and 7(5)(a) – ((d).

- Already addressed - See comments on regulation 5(1)(b)(ii) above.

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49 5(2)(b)(v) Add: 5(2)(b)(v)(v) to which pulp and cells obtained by suitable

physical means from the fruit or vegetable species may be restored: Provided that it shall be declared in the ingredients list in accordance with the requirements of the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);

Addition of fruit pulp and cells of other fruit and vegetable species to juice blends will assist with increasing the solids and fibre content thereof.

Regulation 5(2) start off by referring to “comply to the same requirements set out in paragraph (a) above”. The addition of pulp and cells is addressed in paragraph (a) and will thus automatically apply to paragraph (b) – no need to repeat it.See comments above on regulation 5(2)(a)(iii) as well.

50 5(2)(c) (c) NFC Fruit or Vegetable Juice shall consist of 100% (v/v) juice and/or purée at single strength which has not been reconstituted,

(c) NFC Fruit or Vegetable Juice is juice shall consist of 100% (v/v) juice and/or purée at single strength which has not been reconstituted,

It is already stated as such in the definition.

-

Changed to:NFC Fruit or Vegetable Juice shall “consist of juice and/or puree at single strength which has not been reconstituted, and”Definition for single strength covers the product. Also the NFC definition refers to “concentrated” and this regulation to “reconstituted”.

51 5(2)(c)(i) shall have a minimum Brix level which at least complies with the value as specified in Table 1and Table 2 for the fruit or vegetable species concerned: Provided that the total soluble solids (TSS) content of the single strength ready-to-drink juice and/or purée may only be adjusted

- Definition for RTD allows for reconstitution – not applicable to NFC products.Not changed.

52 5(2)(c) Add: 5(2)(c)(vii)(vii) Water may be added provided that it is

declared on the ingredient list.

Add: (vii) Water may be added provided that it is declared on the ingredient list.

The brix of some single strength juice such as Grape, is so high that it is undrinkable sweet. And need the addition of water; as long as the minimum brix is still within the legal guideline.

The brix of some single strength juice such as Grape is so high that it is undrinkable sweet. And need the addition of water; as long as the minimum brix is still within the legal guideline.

Coconut Water is mostly obtained NFC and to provide a consistent product (to taste consistently the same) it is standardised to a specific TSS. This can be done by adding sugar (not a preferable option) or diluting the product with water.

When a NFC product is bottled there is often no other NFC products of the same kind fruit/vegetable available to adjust the product.

Included that water may be added.

However, this will allow that all the products may be diluted to standard

ITEM NO.

REGULA-TION


strength?

It is not for this regulation to decide whether an ingredient should be declared or not in the ingredients list since it is the responsibility of Act 54.

53 5(2)(c)(iii) (iii) to which restoration aroma obtained by suitable physical means (including concentration) from the same fruit or vegetable species, or from other natural sources, may be restored: Provided that it shall it may be exempted from be declared in the ingredients list in accordance with the requirements of the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972)

(iii) to which restoration aroma obtained by suitable physical means (including concentration) from the same fruit or vegetable species, or from other natural sources, may be restored: Provided that it shall be declared in the ingredients list in accordance with the requirements of the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972)

These changes also need to reflect in nectar & drinks classes.

NFC juice should not require the addition of any additives or even restored aroma because it was not exposed to concentration (evaporation process) and thus retains much of its original taste and flavor of the fruit. NFC is associated with minimum processing and thus “unharmed” healthy components for which this claim is made in the first place. Consumers are looking for clean labels and NFC juice is providing for this need.

It is not for this regulation to decide whether an ingredient should be declared or not in the ingredients list since it is the responsibility of Act 54. Included “where required”.

How we understand the NFC issue is that the product is exactly the same as 100% Fruit and/or Vegetable Juice/Juice Blend products, the only difference is that the producer wants to indicate to the consumer that the product was not made from concentrate.

Not changed.

54 5(2)(c)(iv) (iv) which may contain permitted food additives, Flavourings and/or added micronutrients

(iv) which may contain food additives and/or added micronutrients

These changes also need to reflect in nectar & drinks classes.

NFC juice should not require the addition of any additives or even restored aroma because it was not exposed to concentration (evaporation process) and thus retains much of its original taste and flavor of the fruit. NFC is associated with minimum processing and thus “unharmed” healthy components for which this claim is made in the first place. Consumers are looking for clean labels and NFC juice is providing for this need.

“Permitted” and “flavourings” are catered for in the definition for “food additive” – not changed.

Note: Codex and DoH legislation do not provide for NFC categories with regard to additives – should it be different for NFC?

How we understand the NFC issue is that the product is exactly the same as 100% Fruit and/or Vegetable Juice/Juice Blend products, the only difference is that the producer wants to indicate to the consumer that the product was not made

ITEM NO.

REGULA-TION


from concentrate.

Removing the additives makes the product a “Fresh” product?Not changed.

Note: By default Fresh Fruit and/or Vegetable Juice/Blends are NFC and may indicate NFC – included this in regulation 9(4).

55 5(2)(c)(v) (v) which, in the case of grape juice, may contain grape skin extract and added, restored salts of tartaric acids; and Added salts of tartaric acid shall be declared in the ingredient list

How we understand the NFC issue is that the product is exactly the same as 100% Fruit and/or Vegetable Juice/Juice Blend products but not made from concentrate – not changed - left as is.

56 5(3)(a)(ii) (ii) to which pulp and cells obtained by suitable physical means from the same fruit or vegetable species, may be restored: Provided that it shall be declared in the ingredients list in accordance with the requirements of the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972)

- See comments on regulation 5(2)(a)(iv) above.


57 5(3)(a)(iii) (iii) to which restoration aroma obtained by suitable physical means (including concentration) from the same fruit or vegetable species, or from other natural sources, may be restored: Provided that it shall be declared in the ingredients list in accordance with the requirements of the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972



58 5(3)(c) This should exclude tomato juice which should be permitted to contain added salt, spices, aromatic herbs and other similar foodstuffs added for sensory purposes.

1. Tiger has products (as per comment under 5(2)(a)(vi)) with added Worcestershire sauce at 0.3 % that does not affect the Brix and other compositional requirements but just adds a sensory characteristic.

2. If the compositional requirements for the class are still met and the addition

Agree, but it is not necessary to specifically include it since it is covered by regulation 5(3)(c) and regulation 8(1)(a).

ITEM NO.

REGULA-TION


of salt, spices and aromatic herbs is only for sensory aspects, the 100 % juice class for tomato juice with added salt, herbs spices should be permitted.

3. If this regulation remains as is, it would be highly confusing as a blend is understood to have more than one fruit/vegetable. However ‘blended nectar’ may now have only one fruit/vegetable and another foodstuff to be termed as such-or

a. Does it mean that only a product with two or more fruit/vegetable sources (what a blend is currently understood to be) can have other foodstuffs? Please clarify.

Blended Fruit and/or Vegetable Nectar can consist of:(a) At least two Fruit Nectars blended(b) At least two Vegetable Nectars blended(c) At least one Fruit and one Vegetable Nectar blended

The word “Blend” is not used with regard to other foodstuffs added – see regulation 8(1)(a) for labelling of other foodstuffs.

Changed 5(3)(c) and 5(4)(c) to be less confusing – removed word “Blended” in the beginning and added it further in the sentence. Also the same in regulation 4(2) and 4(3). Fruit and Vegetable Nectars may be blended with added foodstuffs as well as Fruit and/or Vegetable Nectar Blends – the word “Blend” must be in these sentences.

59 5(4)(a)(ii) (ii) to which pulp and cells obtained by suitable physical means from the same fruit or vegetable species, may be restored: Provided that it shall be declared in the ingredients list in accordance with the requirements of the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972)



This office is of the opinion Fruit Drinks should be exluded?

60 5(4)(a)(iii) (iii) to which restoration aroma obtained by suitable physical means (including concentration) from the same fruit or vegetable species, or from other natural sources, may be restored: Provided that it shall be declared in the ingredients list in accordance with the requirements of the regulations published under the Foodstuffs,



This office is of the opinion Fruit

ITEM NO.

REGULA-TION


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

Drinks should be exluded?

61 5(4)(a)(v) (v) to which comminuted fruit or vegetables and, in the case of citrus cloudy citrus peel extract may be added;

Can it be used in Juices & nectar and will it be considered as contribution to the juice content?

Need industry guidance on this issue. What will it do to the Brix value?

This office is of the opinion that it can also be allowed for nectar products, but not for juices.

Not changed yet – need industry guidance.

62 5(4)(b) Add:(i) the main ingredients shall be identified and

indicated in the class designation in accordance with the requirements set out in regulation 7(5).

- Added as requested.

63 5(5)(a) Does this include carbonated soft drinks, energyDrinks?

- Yes – R286 also included all carbonated soft drinks and energy drinks referring to fruit.

64 5(5)(c) Unspecified related products

It is believed that ‘competes’ should be defined as it may be subjective. All refreshments will potentially compete with each other but there are drinks like flavoured waters, vitamin and mineral enriched waters or dairy drinks with fruit flavours which may ‘compete’ with fruit juices/drinks but these are either not regulated in these regulations or are regulated elsewhere under the APS Act. Will they be subjected to regulation 5 (5) (c) (ii)?

It should be noted that the last received version of the draft soft drinks regulations includes iced teas and fruit flavoured drinks in the definition of soft drinks. Dairy and fruit juice blends are also included. Therefore there needs to be a discussion on how these products are categorized and regulated.

Regulation 5(5)(c)(i) must be read together with 5(5)(c)(i)(aa) and (bb).

Fruit and vegetable flavoured water and vitamin enriched water immediately becomes a Fruit and/or Vegetable Flavoured Drink – covered by regulation 5(5)(a).

Dairy products are excluded – refer to regulation 3(3)(e).

R286 runs parallel to the present soft drink regulations, and it is foreseen that it will be the same for the new regulations.

ITEM NO.

REGULA-TION


65 Requirements for containers:

6(4)

Insert:Different classes of fruit or vegetable juices, nectars, drinks or related products shall not be packed in the same outer retail container.

For clarity Added the word “closed” to the definition for outer container.The problem is that as soon as a product is packed in a closed outer container there is a chance that it can be sold in retail, especially those retailers dealing in bulk – then the outer container becomes the container.

66 Marking of containers:

7(4)

Add:(d) distinct varietal denominations may be used

in conjunction with the common fruit and/or vegetable names on condition that it shall correspond with the actual variety(ies) of fruit(s) and/or vegetable(s) present in the product concerned

Changed.

However, “variety is a description for a group of fruit/vegetables, such as “citrus”, “berry”. This cannot be used in conjunction with a single fruit product”. “Cultivar” may be used in conjunction with a single fruit/vegetable product – changed it, as well as for blends – regulation 7(5).

67 Background to understand regulation 7(5)

Principles — How we enforce this rule at this stage:If the fruit species may not be indicated as part of the class name, then a list of the species shall appear on the main panel - Regulation 20(2)(b)(vii), read together with regulation 14(2)(b) of R286. We have thus not excluded the species that may not form part of the class name from the list of fruit species on the main panel.

The fruit/vegetable species may only be indicated as part of the class name of a blend if all of them contribute to the flavour profile, and all contribute at least 6% juice, or 2% juice for some species, to the blend.

Note: Only the classes Fresh Juice, Juice and Nectars may indicate pictures of fruit – the 2% and 6% in this case should not be confused with this principle.

Pictures of fruit/vegetables may only be indicated if the species contribute at least 6% juice, or 2% juice for some species, to the blend (classes Fresh Juice, Juice and Nectars).

The main flavour may be highlighted additional on the label (optional) provided that the fruit species contribute to the flavour profile and contribute at least 6% juice, or 2% juice for some species, to the blend.If a specie contribute less than 6% juice, or 2% juice for some, to the blend, and that specie is the main flavour, then the product is “Flavoured”.

The list of fruit species (min 2mm) must be in the direct vicinity of the class name and must be smaller (submissive) than the class name – i.e. may not create the impression that it is the main flavour.

Note: The inspectors recently started to receive various Fruit Drink Blend products for evaluation. Many of the species used in these blends are less than 6% (or 2%) juice. If the specie may not be in the list of fruit species on the main panel then it is going to make the

ITEM NO.

REGULA-TION


labelling of Fruit/Vegetable Drink Blends confusing – some may indicate all the species, some only one or two, and some none.

Our suggestion is that the fruit species still be indicated in the list of fruit species (min 2mm), even though there is less than 6% or 2% of the juice in the blend.The % juice indication is part of the class name or on the label, and QUID is now a requirement.It would not be misleading to indicate the list fruit species in the blend of provided that the list is not more prominent than the class name.

Fruit Drink Blend examples:If all the fruit is less than 6% (or 2%) juice.Optional:Mango Flavoured (Indication of main flavour (variant) in any size anywhere on the label – is optional) Is flavoured since the Mango is less than 6%. No pictures are allowed (Is a Fruit Drink product)Compulsory:15% Fruit Drink Blend (Class name combined with the % juice declaration – min 4mm)Mango, Orange and other fruit (List of fruit species used in the blend in direct vicinity of the class name - min 2mm)

If the Mango juice is more than 6% but all the rest is less than 6% (or 2%).Optional:Mango (Indication of main flavour (variant) in any size anywhere on the label – is optional) No pictures are allowed (Is a Fruit Drink product)Compulsory:20% Fruit Drink Blend (Class name combined with the % juice declaration – min 4mm)Mango, Orange and other fruit (List of fruit species used in the blend in direct vicinity of the class name - min 2mm)

Fruit Nectar Blend examples:Both mango and marula juice are above 6% and both contribute to the flavour.Optional;Mango and Marula (Indication of main flavour (variant) in any size anywhere on the label – is optional)Pictures of both Mangoes and Marulas are allowedCompulsory:20% Mango and Marula Nectar Blend (Class name combined with the % juice declaration – min 4mm)

Both mango and marula juice are above 6% and both contribute to the flavour but orange was added at less than 6%. Presume that at such low level the orange would not feature in the flavour profile. Optional:Mango and Marula (Indication of main flavour (variant) in any size anywhere on the label – is optional)Pictures of both Mangoes and Marulas are allowed (not oranges)Compulsory:25% Fruit Nectar Blend (Class name combined with the % juice declaration – min 4mm)Mango, Marula and Orange (List of fruit species used in the blend in direct vicinity of the class name - min 2mm )

Apple is above 6% but the mango is less than 6% and the main flavour is mango.

ITEM NO.

REGULA-TION


Optional:Mango Flavoured (Indication of main flavour (variant) in any size anywhere on the label – is optional) Is flavoured since the Mango is less than 6%. No pictures are allowed (Is Mango flavoured and the apple is not prominent – will be misleading to indicate only apples)Compulsory:50% Fruit Nectar Blend (Class name combined with the % juice declaration – min 4mm)Apple and Mango (List of fruit species used in the blend in direct vicinity of the class name - min 2mm)

OR

Optional:No pictures are allowed (Is Mango flavoured and the apple is not prominent – will be misleading to indicate only apples)Compulsory:50% Mango Flavoured Nectar Blend (Class name combined with the % juice declaration – min 4mm)Apple and Mango (List of fruit species used in the blend in direct vicinity of the class name - min 2mm)

68 7(5)(a) We are of the opinion that the fruit and vegetable species should not be named as part of the class designation if it does not contribute to the flavor and aroma of the blend.

Included flavour and aroma in the regulation.

69 7(5)(b)(i) The common names of all the various fruit and/or vegetable species comprising the blend that is declared in close proximity to the class designation must not more prominent that the class designation.

Included such requirement.

Also included requirement that the list of fruiot species may be combined with the % juice indication – regulation 9(1)(a).

On small labels it is difficult to fit in the words “and other fruit end vegetables” – include the indication “and other” as well.

70 7(5)(b)(ii)(cc) Remove As it is already being emphasized in the classes

Moved to 7(5)(h) since QUID is applicable to all emphasized fruit and or vegetable species, and prescribed that QUID shall be based on the ready to drink form (not ingoing concentrates).

71 7(5)(c) Many of the species used in Fruit drink Blends are less than 6% (or 2%) juice. If the specie may not be in the list of fruit species on the main panel then it is going to make the labelling of Fruit/Vegetable Drink Blends confusing –

Made the 6% and 2% only applicable to the class designation. All must thus indicate the list of fruit species, however, included the requirements that the list of fruit species may not be larger than the

ITEM NO.

REGULA-TION


some may indicate all the species, some only one or two, and some none.

class designation.

72 7(5)(c)(i) Add vegetables to the 2% list As it is less available & has a significant taste impact in small quantities

Added vegetables to the 2% list, subject to industry agreement.Added bananas to the 2% list – amendment to dispensation.

73 7(5)(c)(ii) (ii) 6% (v/v) in the case of all vegetables and fruits excluding those listed in (i) above. other than berries, lemons, limes and passion fruit;

Ease of reading Changed as requested.

74 7(6)(a)(ii) The terminology of cordials should be permitted for squashes that have historically used the term prior to these regulations.

Addressed in 7(5)(f) and definitions.(

75 8(1)(a) Added foodstuffs: Remove/delete Ice teas are identified and marketed as an ‘ice tea’ or ‘tea drink’ or ‘tea product’ with various flavours of which flavours can be fruit flavours or something else (like mint flavoured for example). The addition of the flavour is to improve palatability of a cold tea beverage. As such the product is marketed differently than a fruit juice/drink product and the descriptor is for example:

Ice teaApple flavoured rooibos tea drink

If it were

Apple flavoured drink with rooibos tea

It comes across firstly as a fruit flavoured drink and secondly as a tea. This is incorrect as the flavour is a variant to the drink. The tea drink is the product. If altered word sequence is used (7 (2)), can the product still be termed:

Ice teaApple flavoured rooibos tea drink?

It should be noted that iced teas also fall

No change.

This is only applicable to Nectars and Drinks – see regulation 8(1)(a). Flavoured Drinks are excluded.

The Iced Tea product is fruit/vegetable flavoured.This is covered by regulation 5(5)(b) – Fruit and/or Vegetable Flavoured “X” Drink.

So the product will be “Apple Flavoured (Iced) Rooibos” for example.

R286 runs parallel to the present soft

ITEM NO.

REGULA-TION


under the definition of soft drinks under the last received version of the working draft of soft drinks regulations (attached).

drink regulations, and it is foreseen that it will be the same for the new regulations

Some exotic products use the word “infused” when the foodstuff was steeped in the product and removed afterwards. Added it.

76 New 8(1)(b) Fruit flavoured energy/sport/isotonic etc. drinks contain a myriad if ingredients, such as guarana, caffeine, various types of teas, glucose, even fruit juice – especially some types of berries, etc. It is not possible to list all of these added foodstuffs as part of the class name. But the predominant flavour normally overshadows the contribution of these foodstuffs to the flavoured drink.Some must be indicated according to the FCA Act (caffeine) and the rest in the ingredients list.

Inserted 8(1)(b).Also added regulation 9(5).

77 8(1)(b)Now 8(1)(c)

Remove fruit and or vegetable before flavouring as it may also be a spice or herb flavouring


78 Regulation 9(2) Smoothie/ Fruit Smoothie (2) The name “smoothie” or “fruit smoothie” may, subject to the provisions of regulation 15(1)(c), be indicated on products which comply with the definition for a “smoothie” in regulation 1: Provided that such indication shall not may appear as part of or in close proximity to the class designation or the as additions to the class designation.

In order to have alignment to existing regulations consideration should be given to the fact that the FCD R146 Regulation 9 (a) states the following: The label of a pre-packaged foodstuff shall contain - (a) on the main panel, the name of the particular foodstuff, provided that where the name is not a proper description of the foodstuff, the name shall be accompanied by a appropriate description and where a name or names have been established for a food in a Codex Alimentarius Standard, at least one of these names shall be used.

Customer knows product as a smoothie currently on sale for both beverages and dairy based product.

Changed as requeted.

Added the size issue to regulation 15(1)

ITEM NO.

REGULA-TION


Smoothie/ Fruit Smoothie (2) The name “smoothie” or “fruit smoothie” may, subject to the provisions of regulation 15(1)(c), be indicated on products which comply with the definition for a “smoothie” in regulation 1: Provided that such indication shall not appear as part of or in close proximity to the class designation or the additions to the class designation. Add: The Word smoothie may be bigger than the class name.

Accommodate in regulation for expansion and combination of class names to the following options: (Named fruit) juice/nectar and (Fat content) Yoghurt smoothie - accommodating for application of dairy in conjunction with Fruit Juice. Example: Smoothie Mixed Berry juice & Low fat Yoghurt

Provision should therefore be made to allow for more prominent wording (e.g. cheese category). Presently smoothies in the market have a more prominent name as a selling feature. We would like to avoid packaging design changes and costs associated with changing of packaging.

Presently on sale, are dairy based smoothies which are a combination of products with the following class names Fruit Juice (Blend) and Low Fat Yoghurt

(c) – Variant names.

Note: 100% Fruit/Vegetable Juice and 100% Fruit/Vegetable Juice Blends are not allowed to contain added foodstuffs – Refer to regulation 8(1)(a).

Common names for added foodstuffs are permitted - regulation 8(1)(a).

79 Additional particulars:

9(3)

- Remove “spritzer or Schorle”

- Spritzer’ or ‘Schorle’ (3) If a concentrated fruit and or vegetable product has been reconstituted with carbonated water only, or a fruit and or vegetable product at standard strength or single strength is further diluted with carbonated water only, the name “spritzer”/ ”fruit spritzer”/ “vegetable spritzer” or “schorle”/ “fruit schorle”/ “vegetable schorle” may, subject to the provisions of regulation 15(1)(c), be indicated: Provided that such indication shall not may appear as part of or in close proximity to the class designation or

This adds no value to this regulation in our opinion.

In order to have alignment to existing regulations consideration should be given to the fact that the FCD R146 Regulation 9 (a) states the following: The label of a pre-packaged foodstuff shall contain - (a) on the main panel, the name of the particular foodstuff, provided that where the name is not a proper description of the foodstuff, the name shall be accompanied by a appropriate description and where a

It would seem that “Sptitzer” and “Schorle” are alternative names for “Carbonated”?Moved it to the requirements for “Carbonated” – regulation 9(1)(b).

ITEM NO.

REGULA-TION


the as additions to the class designation name or names have been established for a food in a Codex Alimentarius Standard, at least one of these names shall be used;

80 9(4) Quinine Added quinine and the word “Tonic” or “Dry”.

81 10(1)(a) Specify the labelling position of the dilution ratio on the label.

R.286 at present does not specify where the dilution ratio should be indicated. Theer are various label and container sizes of various shapes – as long as the dilution ratio is indicated on the container.Not changed.

82 10(1)(b) This is contradictive to R146 of DoH- please adjust accordingly:address" means a physical address in the Republic of South Africa and includes the street or road number or name and the name of the town, village or suburb and, in the case of a farm, the name or number of the farm and of the magisterial district in which it is situated;

The definition for “address” covers the DoH definition.

Sometimes a person is temporarily renting the business space and does not want to indicate a physical address at that stage since they intend to move to a more permanent place.Not changed.

Should imported products indicate a SA address? Added it, subject to industry approval.

83 10(1)(e) Change heading of paragraph (e) to read as follows:“The addition of sweeteners (nutritive and non-nutritive)”

Delete.

-

The sweeteners regulations (No. R. 733 of 2012) under the FCD Act does not indicate that the product should state ‘sweetened’, or similar, if a sweetener, as defined, is used. Only the ingredients list has to indicate the sweetener by name.

Similarly, only the ingredients list has the nutritive sweeteners as part of the ingoing ingredients.

Therefore please clarify what wording is required by this regulation. It must be noted that ‘sweetened/unsweetened’

There is a move toward removing all cross references from the regulations unless it is really necessary to mention the other legislation. The label must also comply with the legislation in terms of the FCD Act.

May be required to remove most of the cross references.

ITEM NO.

REGULA-TION


classes were previously removed in the current regulations by an amendment.

84 10(1)(f) Suggested wording change:The ingredients list, as in the manner

prescribed in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972).

Changed as requested.As Indicated above, may be required to remove most of the cross references.

85 11(1)(b) Is such details really needed. Request Is a product description, batch number and BB date not sufficient?

As Indicated above, may be required to remove most of the cross references.

86 14 Specify position of particulars required on the label

Provide clarity as to what needs to be on the main panel as well as the letter size thereof (e.g. dilution ratio no longer is the letter size specified)

Indicated “main panel” next to those required to be on the main panel.The rest can be anywhere on the container, even on the main panel.

Dilution ratio size is specified - min 2mm.

87 Restricted particulars:

15(1)

Remove:‘Symphony of Fruits’, ‘Breakfast Punch’; ‘Mango & Orange’; ‘Berry Blaze’ (to emphasise a certain taste profile); etc.]: Provided that the naming of a fruit and/or vegetable, or the use of a collective name for a group of fruits (e.g. ‘Berries’, ‘Citrus’, ‘Pome’, etc.), in the variant name shall only be allowed if the requirements on Quantitave Ingredient Declarations (QUID), as specified in the regulations published under the Foodstuffs, Cosmetics and Disinfects Act, 1972 (Act No. 54 of 1972), have been complied with.

Some of our members are of the opinion that it is not beneficial for the juice industry to QUID

Remarks:The assignee receives quite a lot of Fruit Drink Blend labels to evaluate – it would seem that Fruit Drink Blends are somehow becoming more popular. Would prefer that Fruit Drink Blends are properly QUID for the sake of the consumer.

Also, consumers buy cranberry juice for certain health reasons. The blends on the market contains very little cranberry, but indicate the main flavour as cranberry. QUID is essential to inform the consumer in this case.Not changed.

Added exclusion for general names such as “Soft drink” that are often used on Flavoured Drinks.

ITEM NO.

REGULA-TION


88 15(1)(c) No word or expression may be bigger than the class designation unless it is a registered trade mark, brand name or product variant name [e.g. ‘Tropical’; ‘Symphony of Fruits’, ‘Breakfast Punch’; ‘Mango & Orange’; ‘Berry Blaze’; ‘Smoothie’ (to emphasize a certain taste profile or texture); etc.]: Provided that the naming of a fruit and/or vegetable, or the use of a collective name for a group of fruits (e.g. ‘Berries’, ‘Citrus’, ‘Pome’, etc.), in the variant name shall only be allowed if the requirements on Quantitate Ingredient Declarations (QUID), as specified in the regulations published under the Foodstuffs, Cosmetics and Disinfects Act, 1972 (Act No. 54 of 1972), have been complied with.

Include the words smoothie and texture. In support of motivation on alterations suggested for 9(2).

Changed.

89 15(2) Variant name (2) Subject to the provisions of sub-regulations (1)(c) and (5)(a), the use of a variant name which includes the name(s) of the fruit(s) and/or vegetable(s) species which render the characteristic appearance, flavour and/or taste to the blend shall only be allowed if the name(s) of such fruit(s) and/or vegetable(s) and dairy class are included in the class designation or the list of fruit and/or vegetable species declared in close proximity to the class designation in descending order of appearance in the blend concerned

Add: Dairy class to allow for dairy based smoothies. Will allow for QUID to be applied according to agricultural class names.

This is only applicable to variant names that include names of fruit species. If a fruit specie is named in the variant name, then the name of the specie must be part of the class name or the list of species in the vicinity of the class name.This means that with blends containing many species that do not contribute to the flavour (apple, pear, grape for example) the list will of fruit species may be long (instead of indicating “and other fruit/vegetables”) to come to the species that is highlighted as variant (main flavour).Dairy does not feature – not changed.

90 15(3)(a)(i) (i) 2% (v/v) in the case of vegetables and all berry fruits, lemon, lime and passion fruit; and

Add vegetables as explained before Changed, subject to industry approval.

91 15(3)(a)(ii) (ii) 6% (v/v) in the case of all vegetables and fruits other than those above. than berries, lemons, limes and passion fruit;

For ease of reading Changed.

92 15(3)(c) Removed reference to palm trees since Coconut Water is now classified as a fruit juice.

93 15(4) Remove Some of our members are of the opinion See comments on regulation 15(2) above.

ITEM NO.

REGULA-TION


that it is not beneficial for the juice industry to QUID

94 15(5)(a)(i) (i) 2% (v/v) in the case of vegetables and all berry fruits, lemon, lime and passion fruit; and

As above Changed, subject to industry approval.

95 15(5)(a)(ii) (ii) 6% (v/v) in the case of all vegetables and fruits other than those above. than berries, lemons, limes and passion fruit;

As above Changed.

96 15(1)(a) Added “of the same brand, trade name or manufacturer”.How we understand the comparative claim issue is that the product must be the “lighter” version of the same product of the manufacturer (Coca-Cola versus Coca-Cola Lite).It is not just a general claim based on assumptions.

97 16(1) The industry must negotiate with the assignee regarding how, where and how many samples need to be taken for analysis.

Changed 16(1) to:For the purpose of inspection for quality control an inspector shall take such samples of a product, material, substance or other article in question as he or she may deem necessary.

98 16(2)(c) Add part in red:(c) The methods of analysis as provided for in

the latest version of the Codex Alimentarius Commission’s document entitled: Recommended Methods of Analysis and Sampling, CODEX STAN 234-1999, or any other internationally recognised and acceptable reference methods and procedures (e.g. International Federation of Fruit Juice Producers (IFU), ISO, AOAC, etc.), shall be used when verifying a sample’s composition and authenticity

- Added.

99 16(2)(d) Add part in red:(d) Analysis as required in paragraph (a) above

shall be conducted by an accredited laboratory, or a laboratory with proven proficiency in authentication of foodstuffs.

- Changed definition for “accredited”.It may be possible to first screen samples before submitting certain identified samples to overseas laboratories for verification – may save costs?

ITEM NO.

REGULA-TION


100 17(1)(b) Add part in red:The latest version of the sucrose conversion Tables, set out in Table B. Relationship between °Brix (percent sucrose by weight), relative density (D20/20) and total solids (kg/m3, equivalent to g/L)of the International Federation of Fruit Juice Producers’ (IFU) document entitled: Determination of Soluble Solids (indirect method by refractometry) -(IFU Analysis, No.8, Rev. 2005),shall be used when making the calculation

- Added.

101 18(1)(a) Adjust as indicated:(a) The addition of water to a standard single

strength or standard strength fruit or vegetable juice results in the dilution of both the juice and/or purée content and the total soluble solids (TSS Brix). In the case of the class (Blended) Fruit and/or Vegetable Nectar to which --

(i) no permitted nutritive sweeteners have been added to restore the TSS Brix value to that of a standard strength juice and/or purée; or

(ii) only permitted non-nutritive sweeteners, which does not affect the TSS Brix reading, have been added,

it will result in products which do not comply with the minimum TSS Brix values as prescribed in Tables 1 and 2 for the fruit or vegetable concerned.

Changed “Brix” to “TSS”.Left “single strength” – is correct.

102 18(1)(b) Adjust as indicated:(b) The contribution of the juice and/or purée to

the total soluble solids (TSS) Brix of the

Changed.

ITEM NO.

REGULA-TION


products mentioned in paragraph (a)(i) and (ii) above shall however be at least equal to the minimum percentage juice and/or purée content prescribed for a (Blended) Fruit and/or Vegetable Nectar at standard strength in the case of single fruit or vegetable species, or the weighted averages thereof in the case of blends

103 Table 1 Add to heading:MINIMUM BRIX REQUIREMENTS FOR

RECONSTITUTED FRUIT JUICE AND/OR PURÉE (3), AND MINIMUM PERCENTAGE (V/V) FRUIT JUICE AND/OR PURÉE CONTENT FOR FRUIT NECTARS (4)

To avoid confusion Added “for fruit nectars” to column 4.

104 Table 1 &2 Adjust as below: Added “for vegetable nectars” to column 4.

Common name Botanical name Minimum Brix for reconstituted fruit juice and purée

(standard strength)

Minimum % (v/v) juice and/or purée content (ready-to-drink product)

1 2 3 4

Apple Malus domestica Borkh. 10.5 50.0

Apricot Prunus armeniaca L. 11.2 25.0 40.0

Aronia or Chokeberry Pyrus arbustifolia (L.) Pers. 13.5 20.0


(standard strength)


Banana Musa species including M. acuminata andM. paradisiaca but excluding otherPlantains

12 20.0

Blackberry Rubus fruitcosus L. 9 20.0

Blueberry or Bilberry Vaccinium myrtillus L. Vacciniumcorymbosum L. Vaccinium angustifolium

10.0 20.0

Boysenberry Rubus ursinus Cham. & Schltdl. 10.0 20.0

Casaba Melon Cucumis melo L subsp. melo var. inodorus H. Jacq.

7.5 25.0

Cashew apple Anacardium occidentale L. 11.5 25.0

Cherry (Sour) Prunus cerasus L. 13.5 25.0

Cherry (Sweet) Prunus avium L. 20.0 25.0

Cloudberry Rubus chamaemorus L. 9.0 20.0

Coconut c Cocos nucifera L.e 5.0 4.0Coconut Water is mostly obtained NFC and to provide a consistent product (to taste consistently the same) it is standardised to a specific TSS. This can be done by adding sugar (not a preferable option) or diluting the product with water. The Brix vary through the season from 3.8 to 5.5. A Brix level of 5.9 as prescribed by Codex (in 2005) is according to our opinion too high and will lead to the addition of sugar.

25.0

Crab Apple Malus prunifolia (Willd.) Borkh. Malussylvestris MilL.

15.4 25.0


(standard strength)


Cranberry Vaccinium macrocarpon Aiton Vacciniumoxycoccos L.

7.5 20.0

Crowberry Empetrum nigrum L. 6.0 20.0

Currant (Black) Ribes nigrum L. 11.0 20.0

Currant (Red or White) Ribes rubrum L. 10.0 20.0

Date Phoenix dactylifera L. 18.5 25.0

Dewberry Rubus hispidus (of North America) R.caesius (of Europe)

10.0 20.0

Elderberry Sambucus nigra L. Sambucus canadensis.

10.5 20.0

Fig Ficus carica L. 18.0 25.0

Gooseberry Ribes uva-crispa L. 7.5 20.0

Gooseberry (Red or White)

Ribes uva-crispa L. ( * )aUse 7.5 (as above) for now?

20.0

Grape Vitis Vinifera L. or hybrids thereof Vitis Labrusca or hybrids thereof

12.5 50.0

Grapefruit Citrus paradisi Macfad 8.0 50.0

Guava Psidium guajava L. 8.0 20.0

Honeydew Melon Cucumis melo L. subsp. melo var. 8.0 25.0

Kiwi Actinidia deliciosa (A. Chev.) C. F. Liang& A. R. Fergoson

11.5 20.0

Kumquat Fortunella Swingle sp. ( * )a ( * )a

Lemon Citrus limon (L.) Burm. f. 7.5 12.5


(standard strength)


Lime Citrus latifolia (Yu. Tan.) Tan. (Acid limes) and Citrus aurantifolia Christm. Swingle (Mexican limes)

7.5 12.5

Lingonberry Vaccinium vitis-idaea L. 10.0 20.0

Loganberry Rubus loganobaccus L. H. Bailey 10.5 20.0

Loquat Eribotrya japonesa ( * )a ( * )a

Lychee/Litchi Litchi chinensis Sonn. 11.2 20.0

Mandarin or Mandarine or Tangerine

Citrus reticulata Blanco 8.6 50.0

Mango Mangifera indica L. 12.00 20.0

Marula/Murula Sclerocarya birrea 6.0 20.0

Melon Cucumis melo L. 8.0 35.0

Mulberry Morus sp.Rubus chamaemorus L. Morus hybrid

( * )a 20.0

Nectarine Prunus persica (L.) Batsch var.nucipersica (Suckow) c. K. Schneid.

10.5 40.0

Orange Citrus sinensis (L.) Osbeck 8.6 50.0

Orange (Sour) Citrus aurantium L. ( * )a 50.0

Papaya Carica papaya L. 10.0 20.0

Passion fruit or Passionfruit or Granadilla

Pasiflora edulis Sims. f. edulus Passifloraedulis Sims. f. Flavicarpa O. Def.

9.0 20.0

Peach Prunus persica (L.) Batsch var. persica

10.5 40.0

Pear Pyrus communis L. 12.0 40.0


(standard strength)


Persimmon Diospyros khaki Thunb. ( * )a 40.0

Pineapple Ananas comosus (L.) Merrill Ananassativis L. Schult. f.

9.5 50

Plum Prunus domestica L. subsp. domestica

12.0 50.0

Pome Apple Syzygiun jambosa ( * )a 25.0

Pomegranate Punica granatum L. 12.0 25.0

Prickly pear/Cactus fruit

Opuntia ficus-indica 10.0 20.0

Prune Prunus domestica L. subsp. domestica

12.0 25.0

Quince Cydonnia oblonga Mill. 11.2 25.0

Raspberry (Black) Rubus occidentalis L. 11.1 20.0

Raspberry (Red) Rubus idaeus L. Rubus strigosus Michx.

7.0 20.0

Rosehip Rosa sp. L. 9.0 40.0

Rowanberry Sorbus aucuparia L. 11.0 20.0

Starfruit Averrhoa carambola L. 7.5 25.0

Strawberry Fragaria x. ananassa Duchense(Fragaria chiloensis Duchesne x Fragaria virginiana Duchesne)

7.0 20.0

Sugar Apple Annona squamosa L. 14.5 25.0

Suriname Cherry Eugenia uniflora Rich. 6.0 25.0

Sweetie grapefruit Citrus paradisi, Citrus grandis 10.0 50.0

Tamarind (Indian date) Tamarindus indica 13.0 Adequate content toreach a minimum


(standard strength)


acidity of 0.5Tomato Lycopersicum esculentum L. 5.0 50.0

Water Melon Citrullus lanatus (Thunb.) Matsum. &Nakai var. Lanatus

8.0 40.0

Youngberry Rubus vitifolius x Rubus idaeus Rubusbaileyanis

10.0 20.0

Table 2

Common name Botanical name Minimum Brix for reconstituted vegetable juice and purée (standard

strength)


1 2 3 4

Asparagus Asparagus officinalis L. 2.9 Should we not just insert a default value for the missing values (25%) – subject to

motivation by user if another value is proposed, based on data?

Aubergine (Eggplant) Solanum melongenaL.

4.6

Beans (green) Phaseolus vulgaris 5.0

Beetroot (red) Beta vulgaris 3.0 25

Carrot Daucus carotaDaucus maxinus

7.0 25

Cabbage Brassica oleraceae L. 3.9

Cauliflower Brassica oleracea 3.8

Celery (leaves) Apium graveolens L. Rapaceum 2.1

Celery (root) Apium graveolens L. Rapaceum 6.0

Cucumber Cucumis sativus L. 1.3

http://en.wikipedia.org/wiki/Brassica_oleracea

http://en.wikipedia.org/wiki/Phaseolus_vulgaris


(standard strength)


Endive Cichorium endivia 2.0

Garlic Allium sativum 22.0

Lettuce Lactuca sativa L. 2.0

Ginger 1.7 *

Mushroom Agaricus bisporus 2.8

Onion Allium cepa L. 6.3

Parsley (leaves) Petroselium Crispum Nut 7.6

Parsley (root) Petroselium Crispum Nut 9.0

Peas (green) Pisum sativum L. 10.4

Pumpkin Spec. Cucurbitaceae 4.7 25

Radish Raphanus sativus L. 3.0

Rhubarb Rheum rhabarbarum L. 2.7

Spinach Spinacia oleracea 2.4

Note: On the website is a document named “guideline to marking of juices”- to be updated. NotedCalculations should not form part of the regulation, but should only be available as guideline /addition to the regulation. Noted – Industry suggestions?

Annexures A and B:General comment:Calculations in Annexures A & B must be corrected in accordance with the new standards (values) given in the Tables – Noted (Will do so when finalised).

http://en.wikipedia.org/wiki/Agaricus_bisporus

Draft Dairy Fruit Mix Products Proposal: Tried to accommodate these products in regulation 7(6)(e)2.3 The reference to dairy ingredients on the container

on the container will only be allowed if the requirements of QUID are complied with

The dairy reference should be permitted on the label if it contains some form of dairy.

If no dairy is included, the label should not make mention of dairy as it is misleading.Suggestions were made previously on how to regulate the fruit content and the dairy content. The suggestions are still applicable.

The use of the word ‘blend’ in the proposal will be confusing. If the dairy and the fruit are a ‘blend’ how would you communicate to the consumer that the product has a blend of fruit juices and also contains dairy? Comment 6 relating to blends thus also applies here.

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