SOUTH AFRICA Trends and Developments Contributed by: Julia Stephens and Roberto Barreiro, KISCH IP
The Financial Intelligence Centre compliance requirements are stringent and are vital in the fight against money laundering, terrorist financ - ing, and other financial crimes. Compliance not only ensures that businesses adhere to the regu - lations (and, in so doing, avoid hefty fines) but also assists greatly in protecting the financial sector from illicit financial activities. Food labelling regulations For the most part, South Africa’s labelling leg - islation aligns with global standards, ensuring that the country remains a notable player in the international food trade. South Africa’s ever- evolving food labelling requirements are gov - erned by a robust legal framework and seek to ensure transparency, protect public health and prevent misleading and/or deceptive marketing practices. The Foodstuffs, Cosmetics and Disinfectants Act aims to ensure consumer safety and the correct representation of food products. Specific regula - tions and consequent oversight are particularly strict for baby foods so as to ensure these prod - ucts meet the highest standards of safety and nutritional adequacy. The Agricultural Product Standards Act, overseen by the Department of Agriculture, Forestry and Fisheries, sets stand - ards for the labelling and grading of agricultural and perishable food products. Finally, the Con - sumer Protection Act mandates the use of food packaging that utilises plain, comprehensible language to avoid misleading consumers. What follows is an overview of labelling require - ments in South Africa. • Product name – labels must clearly reflect an accurate product name that reflects its true nature and composition. By way of example, the descriptor “beef-flavoured” may only be
used for products that are flavoured with beef but that do not necessarily contain actual beef. • Ingredient listing – the regulations stipulate the manner and order in which ingredients must be recorded on product labels. Ingre - dients must be listed in descending order of mass. Specific allergens (eg, gluten, eggs, peanuts, tree nuts, or milk) are to be high - lighted either in bold or stipulated in a clear statement such as: “This product contains allergens, including nuts.” Compound ingre - dients (eg, chocolate chips) must indicate sub-ingredients in brackets. • Nutritional information – any nutritional claims on products (eg, “high in protein” or “fat free”) must include a detailed nutritional table detailing energy, protein, carbohydrates, total sugar, total fat, fibre, sodium and any other additional nutrients claimed, expressed per 100g/ml and per serving size. The Regula - tions Relating to the Labelling and Advertising of Foodstuffs outline specific thresholds that products are required to satisfy when making claims such as “source of Vitamin B”. • Date markings and storage conditions – food labelling, particularly for perishable items, is required to indicate a “best before”, “use by” or “sell by” date. In addition, such foodstuffs must also display recommended storage con - ditions to maintain product quality. • Origin declaration – it is mandatory for all products to display the country of origin, particularly if the goods have been imported into the country. Where a product has been produced in multiple stages in different countries, the primary country of origin must be displayed (eg, “Made in South Africa from imported ingredients”). • Quantitative ingredient declaration – in instances where a particular ingredient is con - tained within the product name (eg, “Ched -
565 CHAMBERS.COM
Powered by FlippingBook