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- South Africa’s regulatory environment relating to dairy encompasses departments that are responsible for laws mandating aspects of the regulatory systems.
- A recent webinar explored this complex multi-faceted system.
- The published draft amendment of the Labelling and Advertising of Foodstuffs Regulations (GN R 3337 GG 48460) is intended to replace the Labelling and Advertising of Foodstuffs Regulations (R 146 of 1 March 2010).
- Thabang Rampa encouraged the dairy industry to participate during the commenting period of draft regulation amendments and proposed new regulations.
- Once published in the Government Gazette, the dairy-related draft regulation amendments and proposed new regulations will be circulated to all industry members.
South Africa’s regulatory environment relating to dairy encompasses different departments that are responsible for laws mandating different aspects of the regulatory systems. These entail broader laws and the regulations they contain are supplementary laws prescribing the minimum requirements for quality, safety, and metrology.
A recent webinar, hosted by the Dairy Standard Agency (DSA), explored this complex multi-faceted system. The session was presented by Thabang Rampa, the DSA’s manager of regulatory affairs, who highlighted the pivotal role of the DSA in improving compliance with the quality, safety, and metrology standards of milk and other dairy products in South Africa:
- Monitoring dairy products for compliance with legal standards based on scientific methods.
- Liaising and communicating with relevant stakeholders to assist in improving and maintaining the quality of dairy products.
- Conducting food safety audits and supplying science-based technical information to stakeholders in the dairy industry.
- Managing Milk SA’s dairy regulations and standards project.
The food regulatory system
Rampa also discussed several aspects relating to the multi-faceted food regulatory system:
- The food safety mandate is governed by the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act 54 of 1972), administered by the Department of Health, and intends to control the sale, manufacture and importation of foodstuffs that are detrimental to human health, and related matters.
- The food quality mandate is governed by the Agricultural Product Standards Act, 1990 (Act 119 of 1990) (APS Act) of the National Department of Agriculture, and allows for control of the sale and exportation of certain agricultural products and related items.
- The metrology standards mandate is governed by the Legal Metrology Act, 2014 (Act 9 of 2014) of the National Regulator for Compulsory Specifications (NRCS).
Current developments
The published draft amendment of the Labelling and Advertising of Foodstuffs Regulations (GN R 3337 GG 48460) is intended to replace the Labelling and Advertising of Foodstuffs Regulations (R 146 of 1 March 2010). Of concern to the dairy industry in R 3337 of 21 April 2023 is the proposed front-of-package nutritional labelling (FOPNL) aimed at aiding consumers in making healthier food choices.
“It is intended to warn consumers of the fat, salt and sugar in a foodstuff. Milk SA has submitted comments citing our concerns to the Department of Health,” Rampa said. “It is important that any developed FOPNL system is supported by the organised dairy industry; however, it must not harm the indisputable contribution the nutritional value of milk and other dairy products can make to an overall lifestyle.”
Another development is the publication of the draft Food Additives in Foodstuffs Regulations (R 5506 of 1 November 2024) that will replace the Miscellaneous Additives in Foodstuffs Regulations (R 1425 of 17 November 2016). Lastly there is the publication of the draft amendment of the Tolerance for Fungus-produced Toxins in Foodstuffs Regulations (R 1145 of 8 October 2004), which is intended to replace the Maximum Level of Mycotoxins in Foodstuffs Regulations (R 5505 of 1 November 2024).
The APS Amendment Act
The Agricultural Product Standards Amendment Act, 2023 (Act 12 of 2023) was published on 3 April 2024 and aims to enhance the regulation and quality control of agricultural products in South Africa by introducing new definitions, auditing processes, tariff-setting mechanisms by assignees, and regulatory oversight by the minister. It also aims to allow stakeholders to participate in determining assignees’ fees.
The Amendment Act will come into effect on a date fixed by the president by proclamation in the Government Gazette. This amendment will enable the promulgation of the Management Control Systems (MCS) Regulations that will authenticate claims such as ‘free range’ and ‘organic’, among others. The use of MCS claims will be prohibited unless they are registered in terms of this regulation.
Rampa encouraged the dairy industry to participate during the commenting period of all dairy-related draft regulation amendments and proposed new regulations. She emphasised that policymakers must be provided with inputs from a practical and technical perspective. Participation will ensure that the dairy industry’s inputs form part of the final regulations, following consideration by policymakers.
Once published in the Government Gazette, the dairy-related draft regulation amendments and proposed new regulations will be circulated to all industry members via structures such as Milk SA. As a member of the Consumer Goods Council of South Africa (CGCSA), the DSA and Milk SA will circulate regulations or secondary issues that are not directly relevant to the dairy industry, to organised industry members. – Carin Venter, Plaas Media
For more information, contact Thabang Rampa at 012 665 4250, email thabang@dairystandard.co.za or visit www.dairystandard.co.za.
