DRAFT  
 
 
 LEGAL NOTICE NO. …….OF 2019   
 
THE DAIRY ACT, 1968      
(Act No 28 of 1968)  
 
THE DAIRY REGULATIONS, 2019  
(Under section 32)  
In exercise of the powers conferred by section 32 of the Dairy Act, 1968, the Minister for 
Agriculture makes the following Regulations -  
 
 
ARRANGEMENT OF REGULATIONS  
 
                                                               PART I  
PRELIMINARY  
 
1. Citation and Application.  
2. Interpretation.  
 
PART II  
PROVISIONS RELATING TO PERMITS AND LICENCES  
 
3. Permits.  
4. Application for a dairy  permit.  
5. Issue of permits.  
6. Permit renewal.  
7. Lost permits.  
8. General permit control.  
9. Application for government permits.  
10. Requirements for a licence.  
 
PART III  
INSPECTORS’ADMINISTRATIVE POWERS  
 
11.  Inspectors.  
12. Powers of inspectors.   
 
2 
 2 
 
 
PART IV  
DAIRY FARM OPERATIONS  
 
13. Dairy farm licence and permit.  
14.  Suspension or revocation of a dairy licence.  
15.  Refusal to issue or renew licence.  
16. Permit to construct or alter an existing dairy farm.  
17. Penalties on contravening the licence conditions.  
18. Surrender of Licence.  
19. Health of the da iry animals.  
20. Quality of the milk.  
21. Farm buildings and premises.  
22. Health of farm employees.  
23. Operational hygiene.  
24. Record keeping requirements  
 
PART V  
ANIMAL HEALTH RISK ASSESSMENT  
 
25.  Animal health risk assessment.  
 
PART VI  
TRANSPORTING MILK AND MILK PRODUCTS  
 
26. From the farm to the processing plant.  
27. From the processing plant to the consumers.  
28. Preparation of a product for trade purposes.  
 
PART VII  
CLEANING, SANITIZING UTENSILS AND EQUIPMENT  
 
29. Cleaning and sanitizing.  
30. Cleaning and sanitizing a work station.  
31.  Cleanin g Equipment.   
 
3 
 3 
 
PART VIII  
MANUFACTURING AND PROCESSING  
 
32. Processing and processing principles.  
33. Plant licences and permits.  
34. Construction of plants.  
PART IX  
CLASSES, STANDARDS, QUALITY OF MILK AND MILK PRODUCTS  
 
35. Conditions for selling dairy products in Eswatini.  
 
PART X  
SAMPLING AND METHODS OF ANALYSIS  
 
36. Sampling.  
37. Certificate of analysis.  
38. Analysis to be done in an accredited lab.  
39. Methods of analysis.  
 
PART XI  
DAIRY PRODUCTS CONTAINERS  
 
40. Requirement for milk and milk products containers.  
41. Marking of containe rs, multi packs and outer containers.  
42. Indication of glass designation.  
43. Additional particulars on main panel.  
44. Indication of production lot.  
45. Additional particulars on containers.  
 
PART XII  
KEEPING OF RECORDSBY PROCESSORS AND DISTRIBUTORS  
46. Keeping of records by operator of a plant or Establishment.  
47. Keeping of records by distributor.  
48. False records.  
  
 
4 
 4 
 
PART XIII  
REGULATIONS WITH RESPECT TO REGULATED PRODUCTS  
 
49. Regulated products.   
50. Suspension or Revocation of a regulated product licence.  
 
PART XIV  
DISTRIBUTION  
 
51. Licences.  
52. Application for a licence.  
53. Number of licences.  
54. Refusal to issue or renew licence.  
55. Contravening licence conditions.  
56. Suspension or revocation or surrender of a licence.  
 
PART XV  
SAFE AND UNSAFE MILK  
 
57. Unsafe milk.  
58. Unsuitable products.  
 
PART XVI  
REGISTRATION OF ESTABLISHMENTS FOR PROCESSING AND TRADE  
 
59. Requirements for registration.  
60. Instrument of exemption.  
 
 
 
 
PART XVII  
IMPORT AND EXPORT OF MILK AND MILK PRODUCTS  
 
 
61. Import and export permits.   
 
5 
 5 
62. Prohibition on import and export of milk and milk products.  
63. Conditions and restrictions of import and export.  
64. Approved permit holder.  
65. Security of import, export and government permits.  
66. Return of import, export and government permits.  
67. Requirement to notify.  
68. Effective measures to ensure accuracy and complet eness.  
 
 
 
PART XVIII  
AUDITS  
 
69. Purpose of audit.  
70. Who may be audited.  
71. Who may perform audit.  
72. Additional audits on request.  
73. Notice of audit.  
74. Audit frequency and intensity.  
75. Assistance to be provided.  
76. Audits to be conducted expeditiously.  
77. Failure to comply.  
78. Audit reports.  
 
 
PART XIX  
OFFICIAL MARKINGS  
 
79. Power to make markings.  
80. Interfering with an official marking.  
81. Resemblance.  
82. Altered markings.  
83. Application of marking.  
84. Keeping of official marks.  
85. Obligation to comply with direction.  
86. Requirement to provide transla tion.  
 
6 
 6 
87. Assistance to authorized officers.  
88. Alternative regulatory arrangements.  
89. Application for reconsideration.  
90. Application to the Board.  
91. Application to the Minister.  
 
 
      PART XX  
                                                   PRODUCT RECALL PLAN  
 
92. Purpose of the recall plan.  
93. Types of recalls.  
94. Recall discovery and decision phases.  
95. Mock recall plan.  
96. Recommended information in recall submission.  
97. Product recovery phase.  
98. Evaluation of the recall.  
99. Notification phase.  
100. Termination of the recall.  
 
PART XXI  
E-COMMERCE  
 
101. E-commerce or e -business.  
 
 
PART XXII  
TRADE RETURN PLAN  
 
 
102. Trade return plan.  
103. Dated stock.  
104. Products damaged by store.  
105. Plant faults.  
106. Cooling or equipment problems.  
107. Returns collation.  
108. Short dated products.   
 
7 
 7 
 
PART XXIII  
CONSUMER PROTECTION  
 
 
109. Applicability.  
110. Discriminatory marketing.  
111. Inspection and delivery of goods.  
112. Labelling and marketing.  
113. Right to goods which are safe and of good quality.  
114. Liability for damages.  
115. General information about consumer protection.  
 
  
PART XXIV  
DAIRY INDUSTRY PROMOTION AND CONTROL  
 
 
116. General Levy.  
117. Special Levy.  
118. Powers of the Board as to charges.  
119. Minister’s powers to amend the regulations.  
 
 
PART XXV  
OFFENCES AND PENALTIES  
 
120. Offences related to registration.  
121. Offences related to permits, invoices, declaration forms  and licences.  
122. Failure to submit a permit.  
123. Failure to pay levy and other fees.  
124. Smuggling of products.  
125. Failure to maintain proper records.  
126. Failure to provide reasonable assistance.  
127. Improper use of licence and permit numbers.  
128. False or misleading statements.   
 
8 
 8 
129. Obstructing an officer of the board.  
130. Offences by officers.  
131. Schemes for obtaining undue benefits from the board.  
132. Compounding of offences.  
133. Failure to comply with product declarations.  
134. Offences not specified in this section.  
135. Plan to dispose of confiscated goo ds. 
136. Regulations by Minister to review offences.  
  
PART XXVI  
GENERAL PROVISIONS  
137. Rules, Guidelines and Schedules by the Chief Executive Officer of the Board.  
138. Savings.  
 
PART XXVII  
                                                       SCHEDULES  
 
 
Schedule 1  -  Registration  
Schedule 2  - Management of food safety and suitability  
Schedule 3  - Structural requirement  
Schedule 4  - Operational hygiene  
Schedule 5  - Preparation and transport  
Schedule 6  - Product standards  
Schedule 7  - Trade description  
Schedule 8  - Identification, tracing system, integrity and transfer  
Schedule 9  - Documentation  
Schedule 10  - Approved auditors  
Schedule 11  - Classes, Standards and Quality for Milk and Milk Standards  
Schedule 12  - Sampling and Method Analysis  
Schedule 1 3     -            Safe Milk  
Schedule 1 4     -           Codex Alimentarius Dairy and Dairy Related Standards  
 
PART I  
PRELIMINARY  
Citation and commencement.   
 
9 
 9 
1.         (1)   These Regulations may be cited as the Dairy Regulations, 2019.  
(2)   These Regulations shall come into force on the date of publication in the Gazette.  
 
Interpretation.  
2. In these Regulations, unless the context requires, words or expressions used in the Act shall 
have the same meaning and - 
"Act" means the Dairy Act, No.28 of 1968 ; 
"address " means a physical address 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 Region in which it is situated;  
“amenities”  include toilet s, showers, locker rooms, change rooms, canteens and kitchens;  
“animal feed ” means food given to animals in the course of animal husbandry ; 
“animal food” means milk and milk products for use as feed for animals;  
 “authority”  means the Board, Government or agencies that have the legal authority to implement 
and enforce the regulations;  
animal fat " means any fat of animal origin, excluding milk fat and marine fat;  
“best before date”  or “Best Quality Before Date” means the date which signifies the end of the 
period, under any stated storage conditions, during which the unopened product will remain fully 
marketable and will retain any specific qualities for which implied or express claims have been 
made. However, beyond the date t he food may still be acceptable for consumption.  
“Board ” means the Eswatini Dairy Board;  
“cheese vat ” a vat or tub in which  the curd is formed  and cut or broken  in cheese  making.  
“Chief Executive Officer”  means the Chief  Executive officer of the Eswatini Dairy Board 
“chairperson ” means the chairperson or, in the chairperson’s absence, the vice -chairperson of the 
board;  
“claim”  means any representation which states, suggests or implies that food has particular 
qualities rel ating to its origin, nutritional properties, nature, processing, composition or any other 
quality.  
“closed container”  means  a clean container that is impervious to liquid , leak proof and will 
protect the product therein from contamination under normal con ditions of storage, handling and 
transport  
 “Codex”  means the Codex Alimentarius  issued by the body known as the Codex Alimentarius 
Commission of the Food and Agriculture Organization of the United Nations and the World Health 
Organization.  
“coliform bact eria”  means rod -shaped, gram negative aerobic and facultatively anaerobic non -
spore forming bacteria that ferment lactose, producing gas and acid in the process;  
“condemned”  means not suitable for use as food or for animal food and requiring destruction;   
 
10 
 10 
“container”  means any packaging of food for delivery as a single item, whether by completely 
or partially enclosing the food and includes wrappers. A container may enclose several units or 
types of packages when such is offered to the consumer.  
 “contaminated ” in respect of a dairy product, means containing, for any reason whatsoever,  a 
chemical, drug, food additive, heavy metal, industrial pollutant, ingredient, medicament, microbe, 
pesticide, poison, toxin or any other substance not permitted by , or in an amount in excess of limits 
prescribed or regulated by public health laws;  
“country of origin ” with respect to a dairy product, means the country in which the product was 
produced or manufactured or the country in which the product last underwent  substantial 
transformation or processing;  
“cream depot ” means a place or premises where cream is, pending consignment to a creamery 
collected, or deposited, for the purpose of weighing, sampling, grading or treatment;  
“commercial sterile” means the absenc e of microorganisms capable of growing in the food at 
normal non -refrigerated conditions at which the food is likely to be held during manufacture, 
distribution and or storage.  
"composite dairy product " means a product consisting of a combination of a prim ary 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;  
“consumer” means: - 
(a) a natural person who buys  dairy products  or services  for personal  use and not for 
manufacture or resale ; 
(b)  a natural person who can make  a decision  whether or not to purchase an item;  
(c) a natural person who can be influenced by marketing  and or advertisement;  
(d) a natural person that consumes, especially one that acquires goods  or services for 
direct use  or ownership rather than for resale  or use in production and 
manufacturing; or,  
(e) an entity that acquires dairy products for the furtherance of its operations.  
“control measure ” means a measure that prevents, eliminates or reduces a food   safety 
hazard;  
"conta iner" means the container or wrapper or any object in which a dairy product or an
 imitation dairy product is sold  
“contaminant ” means any substance not intentionally added to food or feed for food 
producing animals, which is present in such food or feed as  a result of the production 
(including operations carried out in crop husbandry, animal husbandry and veterinary 
medicine), manufacture, processing, preparation, treatment, packing, packaging, transport 
or holding of such food or feed, or as a result of en vironmental contamination.  
 “creamery ” means any premises used for the manufacture of butter;  
“creamery butter ” means butter manufactured in a creamery;  
“critical control point”  means a factor, practice, procedure, process, or location which can  
be controlled in order to prevent, control, eliminate or reduce a hazard, or minimise the 
likelihood of its occurrence.   
 
11 
 11 
“critical limit” means the level at which a hazard may be controlled to prevent, control, 
eliminate or reduce the occurrence of the haz ard. 
“culture”  means a liquid or powder containing one or more accepted selected micro -
organism used in the manufacturing of cultured buttermilk, sour -cream, sour milk, yoghurt 
or any other type of fermented milk product  
“dairy ” means any premises on which  milk is produced for the purposes other than for 
consumption by a household that produced such milk;  
"dairy animal " means a cow, goat, sheep, camel or such other species of animal as may
 be kept for the purpose of milking;  
“dairy auditor ” means a qualifie d and authorized person who  systematically and 
independently examines data, statements, records, operations and performances of a 
specified dairy industry chain for a stated purpose. The auditor perceives and recognizes 
the propositions before him for exam ination, collects evidence, evaluates the same and on 
this basis formulates his judgment, which is communicated through his audit report.  
“dairy business ” means an enterprise established for the harvesting or processing of milk 
from dairy animals or both;  
“dairy farming ” means a practice of agricultural , or an animal husbandry , enterprise, for 
production of milk, from dairy animals which may be either processed on -site or 
transported to a dairy  factory for p rocessing and eventual retail sale;  
"dairy farmer " means a person who operates a dairy farm or establishment for business 
and personal purposes;  
 
"dairy plant " means equipment, premises, a building or a structure where milk is  received 
or stored or proces sed into dairy products;  
 “dairy substitute”  means a substance or product marketed or used as an alternative to a 
dairy product;  
“dairy stakeholders ” means a person, group or organization having an interest or being 
impacted upon by anything happening in t he dairy industry;  
“dairy  transport business ” means an enterprise or activity involving the collection and 
transport of milk from any place to the dairy business, distributor, trader, retailer or 
consumer or the transport of milk, dairy product or dairy su bstitute and related products 
within Eswatini;  
“dairy distribution premises " means any premises where packaged dairy and dairy
 related products are sold or distributed other than: - 
(a) dairy manufacturing premises; or   
(b)  premises used only for retail purposes;  
"dairy distributor " means a person who - 
(a) is the owner of a business that operates a dairy distribution premises; or    
(b) purchases dairy and dairy related products for the purposes of distribution 
and sale;  
“date of manufacture ” means the date on which the food becomes the product as 
described. This is not an indication of the durability of the product.   
 
12 
 12 
“date of packaging ” means the date on which the food is placed in the immediate container 
in which it will be ultimately sold. This is not an indication of the durability of the product  
 “DOHS ” means the Director of Health Services in the Ministry of Health;  
“dried milk”  or “milk powder” means a dry substance produced by desiccation     of milk;  
“DVLS”  means the Director of Veterinary and Livestock Services in the Ministry of 
Agriculture;  
“Escherichia coli” means the organism that produces gas at 44  degrees  Celsius +/ - 0.25 
degrees Celsius in brilliant green 2% (m/v) bile broth and produces indole in tr yptone water 
at the same temperature when incubated for 24 hours. When the violet red bile MUG agar 
method is used, the colonies that fluoresce blue in the surrounding media under an 
ultraviolet light after incubation for 24 +/ - 1 hour at 30  degrees  Celsiu s  
“establishment”  means premises that are approved or registered by the board in which 
milk, milk  products and milk related products are produced, processed, prepared, handled, 
packed or stored;  
“extraneous”  means external origin  
"factory butter " means bu tter that is – 
(a) manufactured on premises of which the registration as a butter factory is 
required; or  
(b) imported into Eswatini;  
"farm butter " means butter, excluding medium -fat butter and low -fat butter, that is
 manufactured at premises other than premises of which the registration is required  
"farm cheese " means cheese that is manufactured in a farm cheese factory;  
“financial year ” means any period of twelve months commencing with the first day of 
 April;  
“fit for human consumption” means safe and suitable for consumption by natural persons;  
"flavour " means a complex sensation derived from the blending of smell and taste;  
“food”  means any substance, whether processed, semi -processed or raw, which is intende d 
for human consumption, and includes drinks, chewing gum and any substance which has 
been used in the manufacture, preparation or treatment of “food” but does not include 
cosmetics or tobacco or substances used only as drugs  
 "food additive ” means - 
(a) any of the various natural or synthetic substances, used in the to preserve or 
add flavour, colour, or texture to processed food; processing of food as 
preservatives, antioxidants, emulsifiers, etc, in order or  
(b) means an enrichment substance, supplement  or any other substance which may 
be added to a foodstuff to effect its keeping quality, consistency, colour, taste, 
flavour, smell or other technical property as permitted and includes but is not 
limited to acids, bases, salts, preservatives, antioxidants , anti -caking agents, 
colourants, flavourings, emulsifiers,  stabilisers and thickeners;  
(c ) means any substance not normally consumed as a food by itself and not 
normally used as a typical ingredient of the food, whether or not it has nutritive 
value, th e intentional addition of which to food for a technological (including 
organoleptic) purpose in the manufacture, processing, preparation, treatment,  
 
13 
 13 
packing, packaging, transport or holding of such food results, or may be reasonably 
expected to result, (di rectly or indirectly) in it or its by -products becoming a 
component of or otherwise affecting the characteristics of such foods.  
“food carrying compartment” means the part or area of a vehicle, ship, aircraft or other 
means of transport in which dairy prod ucts are contained during transportation;  
“foods for catering purposes ” means those foods for use in restaurants, canteens, 
schools, hospitals and similar institutions where food is offered for immediate 
consumption.  
 "foodstuff " means any substance that can be used or prepared for use  as food;  
"fresh milk " means milk that has been pasteurized produced directly from raw milk;  
“fresh Dairy Product ” means a product produced directly from fresh milk and should be 
clearly labelled as such before being placed for   sale;  
 
“fruit ” means all the recognized fruit pulp and fruit puree and those vegetables pulp and 
vegetable puree recognised as suitable in adding to a dairy product and imitation dairy  
products;  
‘’fruit pulp’’  means the edible part of the fruit with or without peel or skin and pips or
 seed as appropriate, which although it may  have been sliced or crushed, has not
 been reduced to a puree;  
“further processing”  means further treating a dairy product or subjecting it to heat, 
 either alone or in the process of being used as an ingredient in food manufacturing;  
“hazard”  means a biological, chemical or physical agent in, or a condition of, food that 
has the potential to cause an adverse health effect;  
“hermetically sealed container ” means a n unopened  container that is designed to be secure 
against the entry of micro -organisms, including spores;  
“ice-cream ” means the frozen product –  
(a) of water added to cream or milk with or without the addition of flavouring 
or other food; or  
(b) formed partly from wa ter and cream or milk and intended for human
 consumption;  
"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 da iry product;  
“importing country authority ” in relation to a dairy product imported or to be imported 
into a country, means the authority or body in that country responsible for regulating the 
import of dairy products of that kind into that country;  
“import ing country requirement” means a requirement relating to dairy products that an 
importing country authority requires to be complied with before the dairy product may be 
imported into that country;  
“ingredient”  means any substance, including a food additive, used in the manufacture or 
preparation of a food and present in the final product although possibly in a modified 
form.   
 
14 
 14 
"inner container " means the immediate container or wrapper in which a dairy product or 
an imitation dairy product is packed;  
“inputs”  includes any feed, water, chemicals, reagents, used in connection with the 
primary production and processing of dairy products;  
"main panel " means that portion of a container in which a dairy product or an imi tation 
dairy product is packed, and on which the largest depiction of the trade mark used in 
connection with the sale of that dairy product or imitation dairy product is indicated, and 
also any other portion of such container on which the depiction of  the  trade mark 
concerned is of equal prominence;  
"label"  means any tag, brand, mark, pictorial, graphic or other descriptive matter, which
 is written, printed, stencilled, marked, embossed, impressed upon, or permanently
 attached to a container of a dairy product, and includes labelling for the purpose of 
promoting its sale or disposal;  
“labelling” means (a) the statutory information which should be placed on packaging of 
dairy products, as determined by the Board in order to be placed for sale; (b) include s any 
written, printed or graphic matter that is present on the label, accompanies the food, or is 
displayed near the food, including that for the purpose of promoting its sale or disposal.  
“levy ” means a fee charged on dairy products, substitutes of dairy  products and dairy
 related products, collected by the Board for the services rendered in the regulation 
and development of the dairy industry and financing the operations of the Board;  
“license” means a permit with conditions issued by the Board to a dair y stakeholder to 
own, use or carry on a trade;  
“licensing authority " means the designated authority authorized to issue a licence pursuant 
to these regulations;  
"lot (batch) "means a quantity of dairy products of the same type processed or packed under  
essentially the same conditions during a particular time interval generally not exceeding 
24 hours, and from a particular processing or packing line or other identifiable  processing 
or packing unit; a definitive quantity of a commodity produced essentially und er the same 
conditions.  
 "marine fat"  means fat obtained from marine animals;  
“meeting ” means a meeting of the Board;  
 “member ” means a member of the Board;  
“milk ” means - 
(a) the normal lacteal secretion obtained from a dairy or milk producing animal;  
(b) pasteurized or other milk derived from dairy animals but does not include –  
(i) a milk product, or  
(ii) condensed or dried milk contained in sealed containers; or  
(iii)  milk which is produced for delivery to a place other than a place in an urban 
area, but includes mil k delivered to a milk purveyor or milk shop, whether inside 
or outside the urban area, and imported milk;  
"milk solids " means the dried powder left after all the water is removed from liquid
  milk;  
 
15 
 15 
 “milk treatment”  means the preparation of raw milk, inclu ding heat treatment as a 
precondition for milk processing or consumption  
"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 fifty per cent (50%)of the fat content, protein content and carbohydrate content 
has respectively been obtained from a source other than a primary dairy product;  
"multipack " means a container other than an outer container which contains the same or
 more than one type of dairy product or imitation dairy product containers and is 
intended to be sold only as a unit;  
“occupier” means  - 
(a) the individual, corporation or other leg al entity or any combination of 
thereof in whose name a registered establishment preparing dairy products 
as food is registered; and    
(b) in relation to an unregistered establishment means the individual, 
corporation or  other legal entity (or any combina tion of these) who - 
(i) is the operator of a business preparing milk and milk products as 
food; or   
(ii) if that person cannot be ascertained, the person in charge of the 
 operations for the preparation of milk and milk products as 
food;  
“official mark”  means any stamp, seal, label or mark that is declared by the regulations, 
 rules, schedules or guidelines to be an official mark.  
 
“official marking device”  means a device that is capable of being used to apply an official 
mark and is declared by the regu lations to be an official marking device;  
"organic" means a product which has been produced, processed and handled incompliance 
with organic standards and certified by a certification body or authority approved by the 
Board;  
"outer container " means a recep tacle other than a gift pack that contains more than one 
container of a dairy product or an imitation dairy product;  
"owner"  in relation to any premises or business includes in any case, the -   
(a) (i) occupier; or   
(ii) person in charge or apparently in  charge; or  
(iii) owner's agent; or  
(iv) owner's manager; and    
(b) in the case of a body corporate or unincorporated, also includes the 
manager, secretary or other controlling officer of that body;  
"package " means anything in or by which food is wholly or partly cased, covered, 
enclosed, contained or packed;  
"packer " means a person dealing in the course of trade with a dairy product or an imitation 
dairy product by processing, manufacturing or packing it for sale, and also a person on 
behalf of whom such product is processed, manufactured or packed for sale and, in th e case  
 
16 
 16 
of such product that is imported into the Kingdom in the containers in which it is to be sold 
in the retail trade and, the person  importing it for sale;  
“pasteurization ” means – 
(a) the process of heating milk to a temperature of between 145 degrees  and 
150 degrees Fahrenheit, holding the milk at that temperature for a period of 
thirty minutes after that immediately cooling it to a temperature of between 
40 degrees and 50 degrees Fahrenheit; or the high temperature short time 
process; or  
(b) the tim e and temperature combination needed to destroy 'target' 
microorganisms that varies according to a number of complex inter -related 
factors. For milk, the heating time and temperature is either 63°C for 30 
minutes or alternatively 72°C for 15 seconds with r apidly cooling to prevent 
the growth of surviving bacteria;  
"pasteurize " means the heat treatment of a dairy product or an imitation dairy product to 
such extent that – 
(a) all pathogens and the large majority of the micro -organisms present therein 
are des troyed without a substantial change in the composition and flavour 
of the product concerned; and  
(b) in the case of milk, the result of the phosphatise test is negative, and, if the 
product concerned does not undergo further processing, the cooling thereof 
to below 5°C immediately after having been thus heat treated;  
“permit ” means authorization issued by the Board or  an official document giving 
 someone authorization and permission to deal in dairy products  
“person” includes a body corporate or asso ciation and a partnership;  
"poly-unsaturated " means is a fatty acid or a fat which has two or more methylene -
interrupted cis -double bonds in the fatty acid chain;  
“Postal address”  means a postal address registered with the Eswatini Post and 
Telecommunicat ions and shall include the telephone number of the farmer, manufacturer, 
packer, seller, trader or importer or the address last advised or known by the Board;;  
“pre-packaged ”, means (a) with respect to a dairy product, means a dairy product that is 
package d in a container in such a manner that it is ordinarily sold to or used or purchased 
by a consumer without being repackaged; (b) packaged or made up in advance in a 
container, ready for offer to the consumer or for catering purposes   
“prescribe ” refers to  the action taken in accordance with section s of the Act;  
“presumptive test”  means a test the positive result of which invites the presumption that a 
substance is present after which the presumption must be proven to be true by using more 
sophisticated and  accurate test methods;  
"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 manufacturing substance, flavourant, colourant, vitamin or mine ral 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;  
“primary  dairy farmer " means a person or an organisation that sells raw milk that has 
been produce d by a herd of dairy animals that the dairy farmer owns or controls;   
 
17 
 17 
“processor ” means a business or person who processes or manufactures milk, milk 
 substitutes, milk imitations and milk products in a  quality oriented activity into 
 dairy and dairy relat ed products grading, standardisation, designation, 
 classification, packaging, marking and labelling of the products of which will be in 
accordance with these regulations and other relevant enactments in Eswatini  
“processing aid ” means a substance or mater ial, not including apparatus or utensils, and 
not consumed as a food ingredient by itself, intentionally used in the processing of raw 
materials, foods or its ingredients, to fulfil a certain technological purpose during treatment 
or processing and which m ay result in the nonintentional but unavoidable presence of 
residues or derivatives in the final product  
“quota ” means - 
(a) a Board imposed trade restriction that limits the quantity, or in certain cases the 
value, of goods and services that can be produced, imported or exported during a particular 
time period; or  
(b)  a portion of supply entitlement allotted to a dairy farmer , processor, trader, retailer in 
units or value as prescribed by the Board;  
"raw milk " means milk that has not been pasteurized , sterilised, ultra -high temperature 
treated or otherwise processed ; 
“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,  with all reconstituted milk products being 
clearly labelled as  such before being placed for sale;  
“reconstituted dairy product ” means any dairy product such as yoghurt, cheese, UHT 
 milk produced from reconstituted or recombined milk powders and other related 
ingredients, where the use of fresh milk in the final prod uct falls below a specified 
percentage to be determined by the Board and all reconstituted dairy products  should 
be clearly labelled as such before being placed for sale;  
 
“recombined milk product”  means milk or a milk product resulting from the combinati on 
of milk -fat and milk -solids -non-fat in their preserved forms with or without the addition of 
water to achieve the appropriate milk product composition,  with   all recombined milk 
products being clearly labelled as such before being placed for sale;  
“registered establishment ” means an enterprise that is registered in accordance with the 
Act or these regulations issued by the authorized body such as the Eswatini Dairy Board;  
“registration number ” means the number assigned to a registered establishment by the 
relevant authority under the Act and these regulations;  
“regulated product ” means a dairy product or dairy related product or any combination 
thereof, as may be determined by the Board in a le gal notice, guidelines, schedule or rules;  
“retailer” means a business  or person  that sells goods  to the consumer , as opposed to a 
wholesaler  or supplier  who normally sell their goods to another business;  
“renovated butter ” means butter so labelled, renewed or treated in any manner in premises 
other than those in which it was manufactured, so as to eliminate any defects and  to restore 
it to a condition resembling creamery butter;  
“safeguard measure”  means a protective action (i.e. restricts imports of  a product 
temporarily) taken by a country to protect a specific domestic  industry  from an increase in  
 
18 
 18 
imports of any product which is causing, or threatening to cause serious injury to the 
industry;  
“sealed container ” means a container so closed or sealed that access to the contents cannot 
be obtained without damage to the container;  
“Secretary ” means the officer of the Board who is appointed under section 11 (1) of the 
Dairy Act;  
"sterilize" means the heat treatment a fter packing of a dairy product or an imitation dairy 
product to such extent that the product concerned will be resistant to microbiological decay 
for a period of at least 14 days if kept at a temperature of 30 °C ± 1 °C;  
“trade” means  the activity of buyi ng, selling, or exchanging goods or services between 
people, firms, companies, institutions or countries, with compensation paid by a buyer to 
a seller  
“trader” means  a business or person who buys and sells dairy and dairy related products ; 
“ultra-High Tem perature (UHT)”  means the process whereby a dairy product is subjected 
to a heat treatment above 100ºC and aseptically packaged so that the end product, after 
incubation for not less than 14 days at a temperature of 30 ºC +/ - 1 ºC, is free from spoilage 
micro-organisms and shall comply with set out  requirements;  
 “ultra - pasteurized”  means that a dairy product has been thermally processed at a 
temperature higher than 80 °C for less than one 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 g rowth and spoilage for at least twenty -one days at temperature of higher 
than 0°C but less than 5 °C and which comply with requirements set out in applicable 
statutes in Eswatini;  
"U.H.T. treated " means the heat treatment of a dairy product or an imitation  dairy product 
during a continuous flow process at an ultra -high temperature, and the  aseptic 
packaging thereof, to such extent that the product concerned will be resistant to 
microbiological decay for a period of at least 14 days if kept at a temperature of 30°C ± 
1°C; 
“use -by date”  or “Expiration Date” means the date which signifies the end of the period 
under any stated storage conditions, after which the product should not be sold or 
consumed due to safety and quality reasons  
“VAT” means the value added  tax imposed on products in terms of the Value Added Tax 
Act, 2011;  
"vegetable oil " means oil or fat that is obtained from vegetable matter;  
“yoghurt”  means the product obtained from pasteurised milk or reconstituted milk which 
has been inoculated with the yoghurt culture and which is allowed to ferment under 
controlled conditions; and  
"yoghurt culture"  means a culture consisting of Lactobacillus bulga ricus, Streptococcus 
 thermophilus  or other similar culture used for the manufacture of the primary  dairy 
product known as yoghurt or other cultures as reasonably approved by the Board.   
 
 
 
  
 
19 
 19 
PART II  
PERMITS AND LICENCES  
 
Permit and Licence.  
3. (1) The Board shall, issue  permits and licences to various dairy industry stakeholders 
for the purposes of creating an efficient , orderly and stable production of products  and regulate 
and develop their distribution and marketing  
 (2) The Board may issue a per mit or licence physically or electronically which may 
include an electronic signature.  
Application for a dairy permit.  
4. (1) An importer, exporter, or a transistor, distributor, trader shall apply for a permit to 
the Board by furnishing the following info rmation where applicable -  
(a) the applicant’s name and address;   
 (b) Eswatini’s trading  licence;  
 (c )  the name and address of the supplier of the goods;  
 (d) the country of origin of the goods;  
 (e)  the country from which the goods are imported or exported ; 
 (f)  the customs office where the goods will enter or depart Eswatini;  
 (g)  the date of entry or exit of the goods in Eswatini;  
 (h)  a description of the goods;  
 (i)  the number of units of the goods to be imported or exported and their value 
in Eswatini currency;  
 (j)  any information requested by the Board in any case where, in its opinion, 
the information furnished by the applicant requires clarification or the 
descr iption of the goods to be imported is not in sufficient detail;  
 (k)  tax clearance and  Tax identity number (TIN);  
 (l) export number and certificate for the manufacturer or  its equivalence for 
imports and transit;  
 (m) export number and certificate for the distributor or  its equivalence for 
imports and transit;  
 (n) export number and certificate for exports;  
 (o) market availability (evidence such as the commitment letter for the market); 
and  
 (p)   a product recall plan.  
Issue of Permits.  
5. (1) Where a permit  is issued, the Board shall -  
(a) affix the signature of the authorized official to the permit; and  
 (b) require payment of permit fee.   
 
20 
 20 
  
(2)  A person to whom a permit has been issued shall, prior to importing or exporting 
the goods described in the permit, certify that - 
(a) the information furnished in the application in respect of the permit is 
correct; and  
(b) the applicant is a registered business.  
(3) A permit shall be valid for thirty (30) calendar days or as stated in the permit.  
Permit renewal.  
6.         (1)  A permit renewal process shall commence seven (7) days before its expiry date.  
(2) A permit renewal shall require payment of a levy based on the invoice value or 
specific duty depending on the current board’s notice.  
 
 Lost Permits.  
7. (1) Where a permit has been lost or destroyed, the person to whom it was issued may 
request for  a replacement from the Board and shall, when making the request, submit a statutory 
declaration or an affidavit containing - 
(a) a statement that the permit has been lost or destroyed and an explanation of 
the loss or destruction; and  
(b) in the case of a permit that has been lost, an undertaking to return the 
original permit to the Board without delay, if it is found.  
 
 (2)        A person to whom subsection (1) applies shall pay a penalty for the lost permit.  
General permit control.  
8. (1) The Board reserves the right - 
(a) not to issue a permit;  
(b) to revoke a permit before the expiry date; and  
(c) to amend the permit where and when the need arises;  
  
(2) A permit may be issued electronically.  
  
(3) A person, including a farmer, processor, distributor, importer, exporter, trader, 
manufacturer, wholesaler, and retailer shall have the relevant operating licence for operating a 
dairy business which may include a trading licence or a Board licence.  
 (4) Payment of fees shall be prescribed by the Board through notices or schedules of 
fees. 
(5) The details and amendments or the conditions of a permit shall be in regulations on 
permit control to be prescribed.   
 
21 
 21 
(6) An application for a permit shall be in the prescribed form that shall include information 
as stipulated in section 4 above and attached Schedule 1  
Application for a permit  issued by other relevant agencies.  
9. (1) The agency responsible may, in accordance  with the relevant requirements and any 
other laws in the country, issue permits for milk and milk products for import, transit or export 
subject to the recommendation and approval of the board  
 (2) A person who intends to apply for the issue of a permit i n respect of milk 
or a milk product shall lodge an application to the board and thereafter to the responsible agency 
or department.  
 (3) The application shall -  
(a) describe the milk or milk product to be exported or imported;  
(b) identify the exporter or  importer of the milk or milk product;  
(c) identify each establishment including the establishments’ import or export 
number at which they are to be prepared;  
(d) be signed by the exporter or importer and the occupier of each  
  such establishment; and  
(e) identify the country to which they are to be exported or imported.              
 (4) If a permit is granted, the agency shall give each of the persons concerned a written 
notice or permit subject to the board’s approval.  
Requirement for a licence.  
10. (1) A person shall not, directly or indirectly engage in or carry on the business of 
producing, transporting, processing, distributing or marketing dairy products unless the person is  
a  holder of a valid licence issued by the Board.  
(2) A licence issued  pursuant to sub -regulation (1) may be subject to such terms and 
conditions as the Board considers appropriate.  
(3) Where the Board is not satisfied that an applicant for a licence is qualified by 
experience, financial responsibility or equipment to prope rly conduct the proposed business and 
that the issuance of the licence is in the public interest, the Board may refuse to grant the licence 
to the applicant.  
 
PART III  
INSPECTOR’S ADMINISTRATIVE POWERS  
 
Inspectors.  
11. Inspectors may include dairy inspect ors, dairy development officers, dairy extension 
officers or other agencies of the Board.  
 
Powers of inspectors.  
12. (1) An inspector shall have the power to -  
 
22 
 22 
(a) enter and inspect any premises or conveyance used for producing , 
processing, conveying or marketing milk  or dairy products and inspect 
anything relevant to the inspection found in the premise or conveyance;  
(b) stop any conveyance that the inspector believes may contain any milk or 
dairy product and inspect the conveyance and any milk or dairy  product 
found in it;  
(c) obtain a sample of any milk or dairy product at the expense of the owner for 
the purpose of making an inspection of it; and  
(d) require any person who has the custody or control of any books, records or 
documents of a person enga ged in the producing, processing or marketing 
of milk or dairy products to produce the books, records or documents or to 
furnish copies of or extracts from them.  
  
(2) A person, shall produce any books and records or supply extracts when requested 
to do s o by an inspector.  
(3) A person shall not - 
(a) hinder or obstruct an inspector in the performance of the inspector's duties;  
(b) refuse to permit the inspector to carry out such duties; or  
(c) refuse to furnish the inspector with information or furnish t he inspector with 
false information.  
(4) The production by any person of a certificate of appointment by the municipal 
Council or the Board to inspect the books, records, documents, equipment and premises of a person 
engaged in producing, marketing or processing a dairy product shall be accepted by any person 
engaged in the production or marketing of the dairy product as prima facie proof of such 
appointment.  
(5) Where an inspector believes on reasonable grounds that these Regulations, any 
order or directive of the Board has been violated, the in spector may seize the dairy product and 
other things by means of or in relation to which the inspector reasonably believes a violation was 
committed.  
(6) A person convicted of a violation of these Regulations, or an order of the Board 
may upon conviction,  and in addition to any penalty imposed forfeit the products in relation to the 
violation.  
(7) A dairy product or other item detained pursuant to this regulation shall at all times 
be at the risk and expense of the owner, but the inspector shall immediate ly notify the owner or 
person having possession of the product or item by personal service or mail about its detention in 
storage or otherwise, as the case may be.  
  
PART IV  
DAIRY FARM OPERATIONS  
Dairy farm licence and permit.  
13. (1) A person who intends  to operate a dairy farm or establishment shall submit an 
application to the Board for a licence to operate - 
  
 
23 
 23 
(a) before commencing operations in the farm; and  
            
            (b)       if the dairy farm is not yet constructed or if alterations a re required to the 
dairy farm, before commencing the construction or alterations.  
   
  (2) A person who holds a licence to operate a dairy farm and who intends to change 
any aspect of the licence shall submit an application to the Board to change the licence before 
implementing such a change.  
  (3) A person who intends to renew a licence to operate a dairy farm shall submit an 
application to the Board at least sixty (60) days before the licence expires.  
  (4) Where applicable, an application for a lice nce shall include the following 
information - 
(a) the applicant’s name, address, phone number and other relevant contact   
information;  
    (b) curriculum vitae for the management or operators;  
    (c) business plan for the project;  
    (d) the location or proposed location of the dairy farm;  
(e) the type of dairy farmer establishment for which the licence is sought;  
    (f) the species of animal that will produce the milk;  
    (g) an estimate of the animal carrying capacity and stocking rate;  
  (h) an estim ate of the number of animals in the farm;  
  (i)  an estimate of the volume of milk to be produced;  
  (j)  market for the milk;  
 (k) the sources of animals to be milked at the dairy farm;  
(l)  the signature of the applicant, or of the signing officer, as appropriate; or  
(m)  an application made under this section shall be in a form provided by the 
Board.  
 
  (5) A license issued by the Board shall include the following - 
  (a)  licence number;  
(b)  licensee’s name, address, phone number and other relevant contact 
information;  
  (c)  name and address of the dairy farm;  
(d)  species of animal that will produce the milk at the dairy farm;  
  (e)  type of dairy farm approved for operation;  
  (f)   categorisation of the farm or establishment;  
  (g)  market for th e milk;   
   (h)  effective date and expiry date of the licence; and  
(i)  Board, Chief Executive Officer’s or representative’s signature.   
 
24 
 24 
  (6) A licence to operate a dairy farm shall be effective on the date set out in the licence 
and expires on the -  
    (a) date set out in the licence; or  
    (b) day of the fifth anniversary or (5) years after the effective date.  
  (7) The fee for a licence to operate a dairy farm shall be stipulated in the published 
schedule as prescribed by the Board from time to tim e. 
   (8) If the licence to operate a dairy farm expires on a day other than the 
anniversary of the licence’s effective date, the Board may prorate the licence fee that is payable 
for the period from the effective date, or the last anniversary of the licen ce’s effective date, until 
the expiry date.  
(9)  A person shall not operate a dairy farm except in accordance with a licence from 
the Board.  
   (10) A licence to operate a dairy farm shall be subject to the following 
conditions - 
(a)  the licence holder sh all ensure that the milk at the dairy farm is produced 
from the species specified in the licence;  
(b) the licence holder shall ensure that the dairy farm being operated is the type 
specified in the licence;  
(c) the licence holder shall not commit an offenc e shall related to dairy 
activities such as stock -theft, under declaration of products or poor animal 
welfare standards;  
(d) the licence holder shall not permit an employee to work in the dairy farm 
while the employee has a communicable disease;  
(e) the li cence holder shall ensure that every employee working in the dairy 
farm wears outer clothing that is clean and light in colour;  
(f) the licence holder shall ensure that a person in a supervisory position attends 
a minimum relevant course;  
(g) the licence h older  shall apply for a private dipping permit from the Ministry 
of Agriculture;  
(h) the licence holder shall carry on business in accordance with the law, with 
honesty and integrity and with regard to the public interest;  
(i) the licence holder shall observe, perform and carry out the provisions of the 
Act, the regulations, and  all orders of the Board;  
(j)   the licence to operate a dairy farm is not transferable.  
(k)  the licence holder shall have a dip tank name and number an d a public 
 dipping exemption from the Ministry of Agriculture; and  
(l)  the licence holder shall ensure that consumption of raw milk is not allowed.  
  
Suspension or revocation of a dairy licence.   
14. The Board may, after a hearing, suspend or revoke a l icence issued if the licence holder 
fails to comply with a condition of the licence.   
 
25 
 25 
 
Refusal to issue or renew a licence.   
15. (1) The Board may refuse to issue or renew a licence for the operation of a dairy farm, 
where -  
(a)  the applicant is not quali fied by experience, personnel or equipment to 
properly engage in the business for which the application was made;  
(b) the applicant fails to observe, perform or carry out the requirements
 of the Act, the regulations, a plan, an agreement, award, or an orde r 
of the Board;  
(c) in the opinion of the Board, any material representation or information made 
or provided by or on behalf of the applicant is false or misleading;  
(d)  the applicant does not comply with the relevant trading and tax regulations ; 
(e)  in the opinion of the Board, the issuance or renewal of the licence is not in 
the public interest having regard to the past conduct of the  applicant or, 
where the applicant is a corporation, of its officers or boards;   
(f)  in the opinion of the Board, the past conduct of the applicant or where the 
applicant is a corporation, of its officers or boards, affords reasonable 
grounds for belief that the business will not be carried on in accordance with 
law or with honesty and integrity; or  
(g)  the applicant or,  where the applicant is a corporation, any officer, Board or 
servant thereof, or any person who is or will be in any way  associated with 
the applicant in the operation of the business, has contravened or has 
permitted any person under their control or dir ection in connection with the 
business to contravene any provision of the Act or these Regulations or of 
any other Act  any law of any jurisdiction applying to the carrying on of 
business and, in the opinion of the Board, such contravention warrants the 
refusal to issue or  renew the licence.   
 (2) Where the Board is of the opinion that the dairy farm is not necessary or desirable, 
the Board shall have regard to - 
(a) the environmental impact assessment and other environmental issues, in 
which the dairy farm  is located;  
(b) the impacts on the facilities of other dairy farms in operation;  
(c) the interests of the market that would  be served by the dairy farm;  
(d) the conditions and policies governing both the milk supply in Eswatini and 
the allocation of milk to the market; and  
(e) the socio -economic impacts resulting from a decision to grant a licence, 
including direct and indirect economic activity, both in the locality in 
 which the dairy farm is located and in other parts of the country.  
 (3) Before the B oard refuses to issue or renew a licence, it shall within a reasonable 
period -  
(a) give the applicant notice that the applicant may request a hearing before the 
Board; and   
 
26 
 26 
(b) if a request for a hearing is made, hold a hearing within a reasonable period 
of time.  
Permit to construct or alter an existing dairy farm.  
16. (1) A person who holds a licence to operate a dairy farm and who intends to construct 
or alter a building intended for use as a dairy farm or intends to make alterations to an existing 
dairy  farm, shall submit an application to the Board for a permit to construct or alter the building 
or dairy farm before commencing the construction or alterations.  
 (2) The application for the permit shall include all the information required under 
Section 13  above and two copies of drawings and specifications of the proposed construction or 
alteration, one copy to be retained by the Board and the second copy to be returned to the applicant.  
 
 (3) An application for a permit or licence shall be in the prescribed form that shall 
include information as stipulated in section 13 above.  
 (4) A permit to construct or alter a building intended for use as a dairy farm shall be 
issued subject to the conditi on that the - 
(a) dairy farm is located on land that is well drained and readily accessible;  
(b) building being constructed or altered or the dairy farm being altered has a 
supply of clean, fresh water, and has facilities for disposal of sewage 
sufficient for the purposes of the operation of the dairy farm as constructed 
or altered;  
(c) construction or alteration of the building or alteration of the dairy farm is 
carried out in accordance with the drawings and specifications submitted 
with the application; and 
(d) applicant has complied with the municipal by -laws and the Acts and 
regulations applicable to the construction or alteration being made.  
  (5) A dairy farmer shall not sell or offer to sell milk that is not produced, 
handled and stored in accordance  with these Regulations.  
 
Penalties on contravening the licence conditions.  
17. The Board may impose a penalty after  determining that a licensee or former licensee has 
contravened any condition of a licence.   
 
Surrender of License.  
18. Where the holder of a licence to operate a dairy farm ceases to carry on the business for 
which the holder is licensed, the holder shall forthwith surrender the licence to the Board.  
Health of the dairy animals.  
19. (1) A person shall not allow an animal that is infected with a disease or suffering from 
an illness that adversely affects the animal, the quality or flavour of the milk or cream produced, 
to come into contact with animals from which milk is obtained for sale.  
  
 
27 
 27 
(2) A person shall not keep on premises used in connection with producing, handling, 
storing or transportation of milk or cream, an animal that is infected with a disease or suffering 
from an illness.   
 
(3) A dairy farmer shall not sell or offer for sale milk that is obtained from an animal, 
in the period of fifteen days before or in the period of three days after parturition or such longer 
period as is required to ensure  that the milk is colostrum -free. 
 (4) Withdrawal period for medications and other sub stances shall be observed as per 
the manufacturer’s prescription.    
 (5) A person shall not sell milk from an animal that - 
                       (a) is not in good physical condition and free from any illness or disease that 
 adversely affects the quality  or flavour of the milk or cream;  
   (b) is not clean, has an objectionable flavour or odour;  
   (c) shows evidence of being watery, flaky, stringy, bloody, thick or  
   adulterated;  
                      (d) shows evidence of coagulation or contains any f oreign     substance;  
   (e) has an abnormal freezing point;  
             (f) contains an inhibitor, or when tested by an official method at a   laboratory 
approved by the Board is a mixture of milk from two different species of 
animals; or  
   (g) is produced in an unsanitary manner.   
  (6) Animals in a stables, kraals or camps shall be kept clean, the hair on udders, flanks 
and tails above the switch of the animals shall be kept short, the switch of an animal’s tail shall 
clear the floor when the anima l is standing and immediately before the time of each milking of an 
animal, the udder shall be cleaned.   
 
Quality of the milk.  
20. (1) A   dairy farmer shall not sell or offer for sale milk that - 
(a) shows evidence of melted or churned fat floating on the surface of the milk;  
(b) has had any part of the milk fat removed that has not been cooled in a farm 
bulk tank in proper working condition so that it cools milk to a temperature 
of 4°C or lower withi n two hours of milking and maintains milk at a 
temperature not lower than 1°C nor higher than 4°C except in a period of 
two hours after milking; or  
(c) that has not been filtered by means of a single -service filter or a stainless -
steel mesh -type filter app roved by the Board.   
 (2) A dairy farmer shall not sell or offer for sale cream separated from milk that has 
not been filtered by means of a single -service filter or a stainless -steel mesh -type filter approved 
by the Board.   
 (3)  A person shall not feed  any substance that causes the animal’s milk to give off an 
objectionable odour or to have a taste or appearance other than that of normal milk or cream.   
 (4) A person shall not remove or cause to be removed anything from, add or cause to 
be added, anyth ing to milk as it is produced.    
 
28 
 28 
 (5)        Milk to be found in a milk house may be cow’s milk or goat’s milk, but the milk 
of both species may not both be stored in the same bulk tank  
 
Farm buildings and premises.  
21. (1) A dairy farmer shall keep all bu ildings or premises where animals are stabled or 
milked - 
(a)  clean and in a sanitary condition as free as possible from flies, other insects, 
and dust; and  
(b)  adequately lighted and ventilated sufficiently to prevent odours from 
affecting the milk or c ream.  
  (2) All walls, ceilings, partitions and other parts of a stable shall be 
whitewashed, painted or cleaned at least once a year and be kept clean.   
  (3) Where milking parlours are used, the parlour shall be partitioned off from 
the stable or loafing area and animal entrance and exit doors shall be self -closing and shall be kept 
closed between milking.  
  (4) Concrete or similar water -resistant materials shall be used for floors, ramps 
and platforms, which shall be adequately sloped to trapped c overed floor drains that are capable 
of draining any liquids from the parlour to a location outside the parlour.  
 (5) Sufficient area shall be provided to perform the normal duties of preparing and 
milking the animals.  
 (6) Walls and ceilings shall have sm ooth surfaces and walls shall be water -resistant to 
liquids for a reasonable distance from the floor.  
  (7) Screens shall be provided to prevent the entrance of insects and adequate 
lighting shall be provided in order that the dairy farmer has good visibil ity of the udders while 
milking.  
  (8) Adequate hoses, nozzles, water supply and cleaners shall be provided to 
maintain the parlour in a sanitary state, and proper ventilation and heating shall be provided.  
 (9) A dairy farmer of milk shall not permit anim als other than of the milking group 
such as the bovine or caprine genus or any species approved by the board in any part of a stable 
used for the stabling or milking of animals.   
(10)   A dairy farmer shall keep all parts of the premises clean, except for loafing -type 
stables, and free from accumulations of manure and refuse.    
 (11) A dairy farmer shall store or dispose manure so as to be inaccessible to animals and 
so as to minimize run -off and the breeding of flies.  
 (12) A dairy farmer shall ensure tha t the milk house is attached to or adjacent to 
buildings where animals are milked.  
(13) A milk  house shall be in a location that - 
(a) ensures good drainage and freedom from contamination;  
(b)  is accessible   for tank -truck pick -up and loading;  
 
                        (c)     has clear space sufficient for washing, cleaning, rinsing and         storing 
milking equipment and utensils;   
 
29 
 29 
(d) has a floor capable of supporting, without sagging or heaving the cooling 
and storing facilities for milk and the milking equipment and that the floor 
has a smooth surface that is impervious to liquids and that has adequate 
slope towards the floor drain;  
(d) has one or more drains that – 
(i)  can be maintained in a sanitary condition;  
(ii)  are in an open positio n located  in the floor of the milk house at least 
sixty (60) centimetres from the outlet of each farm bulk tank with a  diameter 
of at least ten (10) centimetres; and  
(iii)  are capable of draining any liquids from the floor in a manner approved 
by the Boar d; 
(e) has walls with smooth surfaces, impervious to liquids, extending for a 
reasonable distance from the floor;  
(f) is lighted sufficiently for the carrying out of all operations therein, including 
visual inspection of the milk in each farm bulk tank;  
(g) is provided with at least one door to the outside and, where it has a door 
opening into the milking area, such door shall be solid and tight -fitting;  
(h) has all doors , including the door into the milking area, equipped with a self -
closing device and su ch doors shall be kept closed;  
(i) is provided with screens for all windows and other openings sufficient to 
prevent entry of insects;  
(j) has walls and a roof  insulated to prevent condensation upon the inside walls  
and ceilings except such condensation as is caused by steam or hot water 
used in the milk house;  
(k) is properly ventilated;  
(l) is provided with a sink having two compartments;  
(m) is provided with adequate amounts of hot and cold potable water under 
adequate pressure; or  
(n)       is provided with a water hose with attached nozzle for rinsing each farm 
bulk tank, the bulk tank shall be provided with a milk hose transfer -port that 
shall be, located near the outlet valve on each farm bulk tank, maintained in 
good condition, equipped with a self -closing device, and used only for the 
passage of hose in the transfer of milk from a farm bulk tank to the tank -
truck;  
(14)  A milk  house shall be - 
(a)  kept neat, clean and reasonably free from insects at all times;  
(b)  used only for, cooling and storing milk, storing milking equipment and 
utensils, and washing and sanitizing milking equipment and utensils; and  
(c)  maintained so as not to impede the bulk tank milk grader in the performance 
of duties . 
(15)  A dairy farmer sh all not permit an animal or fowl to enter a milk house.   
 
30 
 30 
(16) The farm bulk tanks shall be situated in the milk house so that its milk can be 
transferred to the tank -truck by the bulk tank grader on one stop using a standard tank -truck hose.  
(17)  A dairy f armer shall not use milking equipment or utensils that are not rinsed with 
lukewarm water and thoroughly cleaned and sanitized before each milking. (18)  A dairy farmer 
shall provide and maintain in good condition and state of repair milking equipment and u tensils 
for the producing, handling and storing of milk.  
(19) A dairy farmer shall not use utensils that are not in good condition and are not 
cleaned or sanitized before and after milking.  
(20) A dairy farmer shall provide equipment and materials necessar y to clean, rinse and 
sanitize milking equipment and utensils.  
(21) A dairy  farmer shall not - 
(a) use milking equipment or utensils for the production, handling, storage or 
transportation of milk if the milking equipment or utensils are made of 
materials that,  adversely affect the flavour of milk or cream that comes into 
contact with them;  
 (b) have rough surfaces or surfaces not easily cleaned;  
 (c) have joints not flush with the surfaces; and  
 (d) have open seams, cracks or exposed threads.  
(22) A person sha ll not use essential farm equipment that does not comply with the 
manufacturers’ specifications.  
(23) All electrical outlets shall be of adequate capacity with the on and off switch located 
in the milk house and there shall be a receptacle of a twist -lock design located on the outside of 
the milk house at a point convenient to the tank -truck dairy farmer.  
(24) A milk house shall be equipped with -  
(a) a refrigeration unit capable of  - 
(i) cooling milk in the tank to a temperature of 10°C or lower within one 
hour after the completion of milking, and 4°C or lower within two hours after 
the completion of milking, except within a period of two hours after the 
completion of milking;  
(ii)  maintaining a temperature of milk in the tank not higher than 4°C while 
milk remains in the tank; and  
(iii) maintaining a temperature of milk in the tank not lower than 1°C at any 
time while milk remains in the tank;  
(b) an agitator capable of agitating milk in the tank, without splashing or 
churning, so that the milk is thoroughl y mixed in five minutes; or  
(c) a measuring device by which the volume of milk in the tank may be 
accurately determined.   
(25) A dairy farmer shall install and maintain as many time temperature recorders as 
necessary to monitor the farm bulk tanks and pip elines.  
(26)  A dairy farmer shall maintain a computer program or a milk chart for the 
management of the farm and animals.  
  
 
31 
 31 
Health of farm employees.  
22. (1) A person shall not milk unless that person has washed hands immediately before 
milking and keeps h ands clean during milking.   
 (2) A person shall not milk an animal or handle milking equipment or utensils that 
come into contact with milk or cream unless that   person is in good health, free from any 
communicable disease, cleanly dressed, and personall y clean at each time of milking and of 
handling milk, cream and utensils.  
 
Operational hygiene.  
23. (1) Milk and milk products shall be - 
(a) prepared at an establishment where there is compliance with the applicable 
requirements of operational hygiene; and 
(b)  transported to and from establishments engaged in the preparation of the 
milk and milk products using vehicles and equipment that comply with the 
applicable requirements of operational hygiene.  
 
Record keeping requirements.  
24. (1) A person shall,  in record keeping - - 
(a) retain a copy, and submit the original copy to the relevant authority, of each 
import, transit or export permit issued by a person  designated under the 
approved arrangement;  
(b)    retain a copy of transit permit issued where ap plicable; and  
(c) retain a copy of each application for an import or export permit for all milk 
and milk products to be imported or exported .  
(2) A person to whom this regulation applies shall retain the following - 
(a) a declaration of compliance that rel ates to milk and milk products imported 
or exported or in transit;  
  (b) the permit given by the Board;  
  (c) any Governments permits obtained;  and  
(d)  all other documents that are relevant to whether the person complies with 
the requirements of the Act and these Regulations for  a minimum period of 
three years after the day the document is made by the person or comes into 
the person's possession as the ca se may be.  Details are in the attached 
Schedule 9  
  
                                                                            PART V  
ANIMAL HEALTH RISK ASSESMENT  
 
Animal health risk assessment.    
 
32 
 32 
25. (1) A dairy farmer shall ensure that a veterinarian lic ensed with the Eswatini Veterinary 
Council  attends the dairy farmer’s premises at least quarterly to perform a livestock health risk 
assessment or herd health assessment program of the dairy farmer’s herd.  
 (2) When doing the assessment, the veterinarian s hall conduct a review of the general 
herd health program, production and health status of the animals and the general conditions of the 
farm.  
 (3) The dairy farmer shall keep the completed assessment report which shall duly be signed 
by the veterinarian, on the dairy farmer’s premises for at least three years after the date of the 
assessment.  
 (4)  The veterinarian and the farmer may provide a copy to the Board on request or when 
necessary.   
 
 PART VI  
TRANSPORTING MILK AND MILK PRODUCTS  
 
From the farm to the processing plant.  
26. (1)  A person shall not operate a tank -truck for the transportation of milk, except -  
(a) a tank -truck equipped with a tank with an inside lining of stainless steel, an 
insulated dust -tight cabinet constructed of stainless steel f or the holding of 
milk hose, a pump and other equipment used in transferring milk to or from 
the tank -truck;  
(b) an insulated dust -tight cabinet for the holding of samples of milk and a 
means by which the samples are maintained at a temperature of not less  than 
1°C and not more than 4°C;  
(b) a hose that has smooth surfaces, is readily cleaned, is not toxic and does not 
affect the flavour of milk that comes in contact with the hose; and  
(c) a spray -ball equipment for cleaning and sanitizing, by means of the  
continuous circulation of a cleaning fluid and a sanitizing fluid, all surfaces 
that come in contact with milk.   
 (2) Before transferring any milk from a farm bulk tank to a tank -truck, a bulk tank milk 
grader shall examine and take the temperature of th e milk in the farm bulk tank to determine if the 
milk ought to be rejected.  
 (3) A bulk tank milk grader shall take the temperature of a cow’s milk as  follows -
  
(a) the temperature of the milk shall not be taken until the agitator has been in operation 
for at least two minutes or such longer period of time as is necessary for the milk 
to be thoroughly mixed;  
(b) the temperature shall be taken a first time, by reading the temperature displayed on 
the time temperature recorder for the bulk tank;  
(c) with an accurate hand thermometer with a stainless steel stem supplied by the bulk 
tank milk grader if the time temperature recorder for the bulk tank has not displayed 
the temperature at the time the milk is picked up from the bulk tank; (d)  if after 
examining mi lk or taking the temperature of the milk the bulk tank milk grader 
determines that the milk shall be rejected he shall refuse to transfer the milk or, if 
the transfer has already begun, cease to transfer the milk  and shall attach to the  
 
33 
 33 
tank a rejection t ag showing the reason for the rejection notify the farmer and the 
processor as soon as possible;   
(e)  determine the volume of the milk in a tank shall be determined before transferring 
milk from the bulk tank;   
(f) the bulk tank milk grader, when recording the volume of milk in a farm bulk tank 
shall not record a volume in excess of that for which the tank has been calibrated 
or for which the gauge rod or other measuring device has been graduated;  
(g) the bulk tank milk grader shall, immediately af ter determining the volume of the 
milk in a farm bulk tank, make a report to the dairy farmer showing, the date, the 
volume of milk in the tank, the reading of the gauge rod or other measuring device, 
and the temperature of the milk determined;  
(h) immedia tely after determining the volume of the milk in a farm bulk tank, the bulk 
tank milk grader shall start the agitator;   
(i) after the agitator has been in operation for at least two minutes or much longer as 
may be necessary for the milk to be thoroughly m ixed, the bulk tank milk grader 
shall take a sample of the milk with a sampling pipette or, if a sampling pipette 
cannot be used, a sanitized long -handled dipper;    
(j) a sample of milk taken shall be in the amount that is necessary to permit sample 
testing and approved by the Board and shall be placed into a clearly labelled 
container and the bulk tank milk grader shall place each sample of milk, other than 
goat’s milk, taken into a container which shall be closed and clearly identified with 
a unique numb er so that the sample can be associated with the dairy farmer’s 
licence and the bulk tank from which the sample was taken;   
(k) the bulk tank milk grader shall place each sample of milk taken under sub -
regulation (5) into a container which shall be closed  and clearly marked with the 
name or number of the dairy farmer of the milk;  
(l) immediately after putting the samples of milk into a container the bulk tank milk 
grader shall place each container into a plastic insert that is filled with a mixture of 
ice and water and that is held in a clean, fully insulated carrying case;  
(m) after transferring the milk from a farm bulk tank to a tank -truck the bulk tank milk 
grader shall rinse the farm bulk tank with cold or lukewarm water from the hose 
with attached noz zle provided by the dairy farmer;  
(n) where the bulk tank milk grader is unable to transfer all the milk from a farm bulk 
tank to a tank -truck, he shall, on the same day, return for the rest of the milk or 
notify the farmer that he is unable to return;  
(o) the bulk tank milk grader shall provide enough ice to fill the plastic insert and shall 
keep each sample of milk refrigerated therein until it is placed in a refrigerated 
sample cabinet at a sample storage depot;  
(p) as soon as possible, but no later tha n 24 hours after the sample was taken, the bulk 
tank milk grader shall place the sample in a sample rack, mark the rack in a manner 
approved by the board and place the rack in a refrigerated sample cabinet and until 
the sample is tested, it shall be mainta ined at a temperature not lower than 0°C and 
not higher than 4°C; and  
(q) a person shall not put into a sample of milk, any foreign substance or any milk other 
than milk from the same dairy farmer.   
 
34 
 34 
      (4)   A sample storage depot shall contain a segrega ted area with enough room to label sample 
racks and store samples for five days and shall be equipped with adequate mechanical 
refrigeration  capacity for sample storage, an impervious table top for labelling sample racks, 
adequate lighting and ventilation , a source of ice, storage facilities for sample containers, labels, 
sample racks and pipettes in numbers satisfactory to the Board and each sample cabinet equipped 
with a device that logs and indicates time and temperature.   
(5)  An owner of a sample storage depot shall maintain the area, in a clean and orderly manner 
and samples shall be kept in a sample storage depot and shall be available for pick -up and transport 
to a laboratory 24 hours a day or during the hours approved by t he Board for each sample storage 
depot.  
(6)  An owner of a sample storage depot shall keep for a period of ninety days  official 
receipts in a form approved by the Board showing the date and time, the number of sample racks 
picked up, the number of special samples and the signature of the person picking up the sample 
racks.  
     (7)  An operator of a tank -truck shall, immediately after each load is emptied, thoroughly clean 
and sanitize all surfaces of the tank -truck that come in contact with milk and where more than one 
load of milk is emptied from a tank -truck in any one day, the tank -truck driver shall, immediately 
after the last load of milk is emptied, thoroughly clean and sanitize all surfaces of the tank -truck 
that come in contact with milk.  
 
From the processing plants to the consumers.  
27. A Manufacturer, processor, distributor, importer, exporter, trader shall have appropriate 
transport for milk and milk products and shall submit names of their registered and approved 
transporters to the Board.  
  
Prep aration of a product for trade purposes.  
28. (1) Milk and milk products shall - 
 (a) be prepared; and  
(b) transported from an establishment engaged in the preparation of the 
product.  
 
(2) Milk and milk products and their ingredients shall comply with the applicable 
requirements of product standards and attached relevant schedules.  
(3) Milk and milk products shall not be tradeable unless they are fit for human 
consumption.  
(4) Milk and milk products shall comply with the applicable requirements in the 
relev ant attached schedules and Notices as prescribed from  time to time.  
(5) Milk and milk products shall be prepared in an establishment that complies with 
the applicable requirements that include product identification, tracing systems, integrity and 
transfer . 
  
PART VII   
 
35 
 35 
CLEANING, SANITIZING, EQUIPMENT AND UTENSILS  
 
Cleaning and sanitizing.  
29. (1) Any part of a plant, except raw milk storage tanks including piping, pumps, 
containers, tanks and other equipment that is in contact with or likely to be in contact  with milk or 
milk products shall be cleaned and sanitized at least once every twenty -four hours and that a 
cleaning schedule shall be drawn up, be visible and be adhered to.  
 (2) Raw milk storage tanks shall be emptied, cleaned and sanitized at least once  every 
forty -eight hours.   
 (3)   The floor of each room in a plant in which milk or milk products are handled or 
processed shall be scrubbed and rinsed with fresh water at least once every twenty -four hours.   
 (4)   The walls and ceilings of each room i n a plant, in which milk or milk products are 
handled, processed or stored and the floor of each room in a plant in which milk or milk products 
are stored shall be scrubbed and rinsed at such times as may be necessary to remove any noticeable 
accumulation of soil.   
   
Cleaning and sanitizing a work station.  
30. (1) The cleaning and sanitizing work station or a milk transfer station of a work station 
or a milk transfer station shall be carried out at a in   a manner that ensures that - 
(a) after each cleaning and sanitizing of a work station, the operator of the 
station shall –  
(i)  determine by inspection that the station is clean and sanitised and  
(ii)  keep a record of such cleaning and sanitising in a form approved by 
the Board and retain that record for a  period of ninety days;  
(b) where the pick -up of a load of milk is not completed in one day, the operator 
of the tank -truck or containers shall thoroughly clean and sanitize and hose 
after the final pick -up on the first day or prior to use on the second day;  
(c) every operator shall maintain in a clean condition all surfaces that do and 
do not come in contact with milk.  
(d) every plant is be equipped with or the operator has  adequate work station;  
(e)  equipments and materials for cleaning and sanitizing is made  available by 
the processor of a plant;  
(f) the processor shall be responsible  for safe  and proper functioning of work 
stations;  
(g) the uses of a tank -truck or milk containers wash station and the equipment 
and materials at a plant are restricted to cleaning and sanitizing the interior 
of tanks and equipment thereon and washing the outside of tank -trucks;  
(h) processors post on the wall of the facility in a prominent place the procedure 
to be used for cleaning a tank -truck or milk containers including, the 
quantities of washing compound and water used in the washing cycle and 
the maximum and minimum water temperatures used in the washing cycle;   
 
36 
 36 
(i) the length of time used  in the washing cycle, the quantities of sanitizer and 
water used in the sanitizing cycle comply  with the drawn cl eaning schedule 
in the work station;  
(j) the manufacturer’s names for the washing and sanitizing compounds used 
the instructions as to the procedures to be used in operating the equipment 
for cleaning; and the name of and the procedure for contacting the person 
to be contacted in the event of equipment failure or other information being 
required to operate the wash -up facilities;  
(k) the temperature of the water used in the washing cycle shall not be higher 
than 60°C or lower than that recommended by the manuf acturer of the 
washing compound; and  
(l) the temperature of the water used in the sanitizing cycle shall not be higher 
than, the temperature of the cold-water  supply; 10°C whichever is less;  
(2)     Information regarding the use of acidified wash or rinse shal l be posted in addition 
to the information required.  
(2)  A work station shall have - 
(i) clear space sufficient for cleaning and sanitizing a floor that is capable of 
supporting plant and equipment without sagging or heaving;  
(ii) a smooth surface that is impermea ble to liquids and  has a minimum two 
(2%) per cent slope towards the floor drain that  can be maintained in a 
sanitary condition located in the floor in an open position with a diameter 
of at least fifteen (15) centimetres and that is capable of draining an y liquids 
from the floor;  
(iii) under pressure, an adequate supply of potable hot and cold water;  
(iv) a means of lifting the wash hose safely to the top;   
(v) an adequate supply of materials  required for cleaning and sanitizing and a  
properly -functioning device for in dicating washing compound content;  
(vi) a pump with sufficient capacity and pressure to thoroughly clean all 
surfaces that come in contact with milk,  a return pump with a capacity equal 
to or greater than the capacity of the pump to remove the cleaning solution ; 
(vii) in the wash line on the suction side of the pump, a removable pump filter 
which does not materially impede the flow of wash water;  and  
(viii) adequate means of sanitizing all surfaces that come in contact with milk.   
Cleaning Equipment  
31. (1) A plant shall b e equipped with - 
  (a) washing areas that are separated from the processing area;  
(b) a temperature -control system capable of automatically controlling the 
temperature in each curing -room, cold -storage room or storage room for 
efficient processing or preserving of milk or milk products;  
(c) a boiler or other equipment capable of maintaining a supply of hot water or 
steam sufficient for processing milk and cream, and hot water for cleaning 
and sterilizing the equipment and rooms used in receiving, handl ing, 
processing or storing milk or milk products; and   
 
37 
 37 
(d) thermometers of shatter -proof material on equipment used in processing, 
cleaning or sterilizing milk or milk products, capable of recording the 
temperature  of the milk or milk product.   
 (2) A proc essing plant shall be equipped with a pasteurizer having a capacity to handle 
the production demand.  
 (3) Where a plant is equipped with conveyors for moving containers of cream in the 
receiving room, the conveyors shall be of sufficient length and in such  locations that the cream 
can be readily graded, sampled and weighed and, where cream is rejected, the containers can be 
moved on a conveyor other than the conveyor used for incoming containers.  
(4) Where equipment or containers for handling, processing or  storing milk or milk 
products are of metal, the surfaces likely to come in contact with milk or milk products shall be - 
  (a) smooth and anti -corrosive;  
  (b) without open seams;  
  (c) accessible at all points for scrubbing; and  
                        (d)      made with joints that are flush with adjoining surfaces.   
   (5)   Wooden equipment used in a plant shall be of sound material with smooth 
surfaces, and joints or seams shall be sealed.  
 (6)   Tanks used for storing skim -milk, buttermilk or whey that is not intended for human 
consumption or for processing milk into milk products for human consumption in a plant shall - 
  (a) be of metal or plastic construction; and  
  (b)  not be used for any other purpose.   
 
 
 
 
 
 
PART VIII  
MANUFACTURING AND PROCESSING  
 
Processing and processing principles.  
32. (1) The handling, processing or storing of milk, cream or milk products shall be carried 
out in a location and in such a manner that no foreign matter can enter the milk, cream or milk 
product.   
 (2)  A person who enters an area of a plant where there is a da nger that foreign matter 
may enter milk, cream or milk products shall wear - 
(a) clean clothing without pockets and buttons above the waist and not worn 
outside the plant; and  
  (b) appropriate hair and beard coverings.    
 
38 
 38 
  (3) Nothing shall be placed in a milk, cream or milk products storage area that may 
contaminate or deteriorate the milk, cream or milk products stored in that area.   
 (4) The owner of a plant shall ensure that the plant has no odours other than those 
resulting from the handling, processi ng or storing of milk, cream or milk products.  
 (5) Where milk or cream is accepted at a plant and is not used in processing on the day 
it is received, the milk or cream shall be cooled to a temperature not higher than 5°C and 
maintained in storage at that  temperature until it is used in processing.   
 (6) A person shall not use milk or cream in storage in the processing of a milk product 
where the milk or cream on removal from storage does not meet the standards required for milk or 
cream to be accepted at  the plant.  
 (7) A person shall not use stale or rancid cream, butter, ice cream or ice milk in the 
preparation of ice cream mix or ice milk mix or in the processing of ice cream or ice milk.   
 (8) In order to promote sales and marketing in the country an d beyond the borders, 
dairy processors, distributors and retailers may meet to discuss contract packaging.  
Plant licences and permits.  
33. (1) A person who intends to operate a plant shall submit an application to the Board 
for a licence to operate the plant - 
  (a) before beginning to operate the plant; and  
(b) if the plant is not yet constructed or if alterations are required to the plant, 
before commencing the construction or alterations.  
 (2) A person who holds a licence to operate a plant and who i ntends to change any 
aspect of the licence shall submit an application to the Board to change the licence before 
implementing such a change.  
 (3) A person who submits -  
(a) an application for a licence to operate a plant that is not yet constructed or 
 that requires alterations; or  
(b) an application to change a licence, if the change would require that a 
 plant to undergo construction or alterations,  
shall, at the same time, submit an application for a permit as stated in these Regulations.  
 (4) A perso n who intends to renew a licence to operate a plant shall submit an 
application to the Board at least 60 days before the licence expires.  
 (5)   An application for a licence shall include the following information - 
(a) the applicant’s name, address, phone number and other relevant contact 
information;  
  (b) a curriculum vitae for the management or operators;  
  (c) a business plan for the project;  
(d) confirmation of the market for the dairy and dairy related products;  
  (e) the location or proposed location  of the plant;  
(f) the type of plant for which the licence is sought and, in the case of a 
processing plant, the kinds of processing activities to be carried out at the 
plant;   
 
39 
 39 
  (g) a list of the milk products to be processed at the plant;  
(h) the species of animal that will produce the milk to be processed at the plant;  
  (i) an estimate of the volume of milk to be processed at the plant;  
  (j) the source of milk to be processed at the plant; and  
(h) the signature of the applicant or of the signing office r, as appropriate.  
          (6)   An application made under this regulation shall be in a form prescribed by 
the Board and -  
  (a)  the Board shall issue a licence to operate a plant to a person who applies in 
accordance with these Regulations;  
  (b)   approval may not be unreasonably withheld; and  
  (c)  in the event that a licence is refused, reasons for refusal shall be provided 
as well as reasonable corrective action.  
 (7) The licence shall set out -  
    (a) the licence number;  
(b) the licensee’s name, address, phone number and other relevant contact 
information;  
    (c) the name and address of the plant;  
(d) the species of animal that will produce the milk to be processed at the 
 plant;  
(e) the type of plant approved for operation and, in the case  of a processing 
plant, the kinds of processing activities approved to be carried out at the 
plant;  
(f) in the case of a processing plant that will process cow’s milk, the classes or 
sub-classes of grades, standards, designations, classes, packing and mark ing 
made under these regulations;  
    (g) the effective date and expiry date of the licence; and  
    (h) the Board’s signature.  
 (8) A licence to operate a plant shall be effective on the date set out in the licence and 
expires on the date - 
  (a) set out i n the licence; or  
  (b) five (5) years after the effective date.  
 (9) The fee for a licence to operate a plant shall be provided for in the notices or 
Schedules of fees to be issued from time to time.  
 (10) If the licence to operate a plant expires on a d ay other than the anniversary of the 
licence’s effective date, the Board may prorate the licence fee that is payable for the period from 
the effective date, or the last anniversary of the licence’s effective date, until the expiry date.  
 (11) A person shall not operate a plant except in accordance with a licence from the 
Board which is subject to the following conditions - 
(a) the licence holder shall ensure that the only milk processed at the plant is 
milk produced by the species specified in the licenc e;  
 
40 
 40 
(b) the licence holder shall ensure that the plant being operated is the type of 
plant specified in the licence and, in the case of a processing plant,  the plant 
carries out only the kinds of processing activities specified in the
 licence;  
(c) in the c ase of a licence to operate a plant that processes cow’s milk, the  
licence holder shall ensure that milk products processed at the plant are well 
graded, labelled and packaged;  
(c) the licence holder shall not permit an employee to work in the plant while 
the employee has a communicable disease;  
(d) the licence holder shall ensure that every employee working in the plant 
wears clothing that is clean;  
(f) the licence holder shall ensure that any person who grades milk received at 
the plant is the holder of a certif icate for that purpose from an institution 
recognised by the Board;  
(g) the licence holder shall carry on business in accordance with the law, with 
honesty, integrity and with regard to the public interest and safety;  
(h) the licence holder shall observe, perform and carry out the provisions of
 the regulations, all plans, agreements and awards and all orders of 
the Board and other relevant bodies;  
(i) the plant shall be Hazard Analysis & Critical Control Points (HACCP)  
compliant as determined by th e national, regional or international standard 
setting bodies that are recognized by the Board;  
(k) the plant depending on the size, market requirement and the request from 
the Board may be ISO complaint mainly in quality management systems,
 environmental management system to be stipulated by the Board 
and the market;  
(l) the plant shall have an Eswatini Government (ESG) Number for exports;  
   (m) a licence to operate a plant is not transferable; and  
(n) the Board may recognize provisional and interim accre ditation given by 
any Board’s approved standard setting bodies.  
 
(12) An application for a license shall be in the prescribed form that shall include 
information as stipulated in section 33 above. Furthermore, the Board may impose 
conditions on a licence t o operate a plant in addition to those set out in section 33 above  
  (13) The Board, after a hearing, may suspend or revoke a licence issued if the licence 
holder fails to comply with any condition of the licence.  
 (14) If the Board receives an application  in respect of a licence to operate a plant at 
which cow’s milk is to be processed, the Board shall not issue the licence unless the applicant first 
complies with the process described in these Regulations.  
 (15) The Board may refuse to issue or renew a li cence for the operation of a plant, where -
  
 (a)   the applicant is not qualified by experience, personnel or equipment to 
properly engage in the business for which the application was made;   
 
41 
 41 
(b)  the applicant fails to observe, perform or comply with the r equirements as 
stated in the attached schedule, a plan, an agreement or an award or an order 
of the Board;  
(c)  in the opinion of the Board, any material representation or information made 
or provided by or on behalf of the applicant is false or misleading ; 
(d) the applicant has not  complied with  the Value Added Tax Act, trading laws 
and these Regulations;  
(e)  in the opinion of the Board, the issuance or renewal of the licence is not in 
the public interest having regard to the past conduct of the  applica nt;  
(f)  in the opinion of the Board, the past conduct of the applicant or, where the 
applicant is a corporation, its officers or board, affords reasonable grounds 
for belief that the business will not be carried on in accordance with the law 
or with hone sty and integrity;  
(g)  the applicant has contravened or has permitted any person under their 
control or direction in connection with the business, to contravene any 
provision of the Act or  of any other law   which  in the opinion of the Board, 
such contrav ention warrants the refusal to issue or renew the licence;  
(h) the Board is of the opinion that the plant is not necessary or desirable having 
regard to - 
    (i) the environmental impact assessment;  
    (ii) the impacts on the facilities to other plants i n operation;  
    (iii) the interests of consumers, who would be served by the  
    plant;  
(iv) the conditions and policies governing the milk, dairy and dairy 
related products supply in the country; or  
(v) the socio -economic impacts resulting from a decision to grant a 
licence, including direct and indirect economic activity, both in the 
locality in which the plant is located and in other parts of the 
country.  
 (16)   The Board shall, before refusing to iss ue or renew a licence -  
(a) notify applicant of option to request a hearing before the Board; and  
  (b) if a request for a hearing is made, hold a hearing.  
  (17)  Where, after a hearing, the Board has determined that a licensee or former licensee 
has co ntravened any condition of a licence or any provision of the Act, order or direction of the 
Board, the Board may impose a penalty on the person as stated in the offences and penalties 
section.  
 (18) A dairy farmer who operates more than one plant is requir ed to be the holder of a 
licence in respect of each plant.  
(19) Where a holder of a licence to operate a plant ceases to carry on the business as per 
the licensed, the holder shall forthwith surrender the licence to the Board.  
 (20)  A person who holds a licence to operate a plant and who intends to construct or 
alter a building intended for use as a plant or intends to make alterations to an existing plant shall  
 
42 
 42 
submit an application to the Board for a permit to construct or alter the building or plant be fore 
commencing the construction or alterations.  
 (21)    Extension or repairs below 5% of total capital employed or below 5% of total fixed 
assets per year may be exempted from sub -section (20) above.  
   
Construction of processing a plant or processing es tablishment.  
34. (1) The construction or alteration of a building intended for use as a plant shall be made 
so that -  
(a) the floors of all rooms in which milk or milk products are handled, 
processed or stored are of concrete or other material impervious to liquids 
and have adequate slope towards a floor drain;  
(b) each room in which milk or cream products are processed or stored has a   
trapped drain capable of draining any liquids from the floor;  
(c) each wall in a room in which milk or milk products are  handled, processed 
or stored has a base at least fifteen (15) centimetres above the floor level 
made of concrete or other waterproof material, and the joint between the 
floor and the base is watertight;  
(d) the ceiling of a room in which processing is do ne is at least three metres 
above the floor;  
(e) the surfaces of the walls and ceilings of all rooms in which milk or milk 
products  are handled, processed or stored are of washable and moisture -
proof material;  
(f) there is provision for equipping all ope nings with screens or other approved 
equipment capable of preventing the entry of flies or other insects and all 
doors have self -closing devices or equivalent methods of ensuring that flies  
or other insects do not enter;  
(g) rooms where milk is handled or  processed contain provision for lighting 
that is shatterproof or covered with a protective shield;  
(h) the ceiling in the plant is insulated  and sealed against infiltration of 
dampness or vapour and allows free  circulation of air between the insulation 
and the roof;  
(i) a washroom does not open directly into a room where milk or milk
 products are handled or processed and doors are equipped with   self -
closing devices;  
(k) sewage is carried from the building by pipes, each of which contains a trap
 in an a ccessible location and connects with a municipal sewer or 
septic tank;  
(l) any heating unit shall be located in a safe place;  
(m) in the case of - 
(i) cheese factory, there is a curing room large enough for the operation 
intended;  
(ii) a creamery, there i s a cold storage room of a size large enough to 
hold at least seven days production of butter; and   
 
43 
 43 
(iii) a building intended for use as a plant for the manufacture of milk 
products other than butter or cheese, there are storage rooms large
 enough for the o peration intended capable of being equipped 
with an automatic temperature -control system;  
(n) receiving rooms for milk are  enclosed and are of sufficient size to permit 
freedom of movement in receiving, grading, sampling and handling of milk 
and, where app licable, the washing and sanitizing of tank -trucks;  
(o) receiving rooms for milk shall have a pump capable of unloading milk from 
a tank;  
(p) receiving rooms for milk have enough operating space; and  
(q) rodents and other vermin do not enter or remain on the premises.   
 (2) The construction of a building intended for use as a plant or an alteration to increase 
the incoming milk capacity of such a building shall be made so that - 
(a) there is storage sufficient for the volume of raw milk required at the plant; 
and 
(b) in the event of non - compliance on design of premises, a grace period not 
exceeding twelve (12) months during which the necessary alterations are 
made in order to comply with these Regulations, and the board may reserve 
the rights to extend or revoke the g ranted grace period.    
 
(3) Details on the designs, layout and standard operating procedures of a processing 
plant, processing unit or processing area shall be specified in the relevant schedule  such as 
schedule 3 , guidelines or rules.  
 
PART IX  
CLASSES, S TANDARDS AND QUALITY OF MILK AND MILK PRODUCTS  
 
Classes and standards for milk and milk products.  
35. (1)  A person shall not, sell dairy product or imitation dairy product in Eswatini unless 
– 
(a) the product in question is sold according to classes as pr escribed in the 
attached relevant schedule; Schedule 11  
(b) 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 w hich it shall contain;  
(c) the product in question is packed in a container and in a prescribed manner;  
(d)  a container in which such product is packed, is marked with particulars and 
in a prescribed  manner;  
(e) the product in question does not contains a  substance so prescribed as a 
substance which it may not contain; and  
(f) the dairy and imitation dairy product does not contain prohibited 
substances.   
 
44 
 44 
(g) the product is clearly and accurately labelled as  a, “Fresh Dairy Product ”, 
“Fresh Milk ”, “Reconstituted milk product ”, “Recombined milk product ”, 
“Reconstituted dairy product “ or “Dairy Blends in as the case may be in line 
with the definitions set out in this regulation ; 
(h)  any product not produced from fresh milk but produced on the basis of  
reconstituted and recombined dairy ingredients shall be clearly labeled 
“Reconstituted dairy product”, with this information appearing on the main 
panel in a letter size to be determined by the Board;  
 
(i)  any milk or milk product produced from reconstit uted or recombined dairy 
ingredients shall be clearly labelled;  
 
(j)  products shall be manufactured mainly from the primary dairy products 
known as raw milk, where recombined milk or reconstituted milk is used 
this shall be clearly labelled and where the  use of recombined milk or 
reconstituted milk exceeds a percentage of the content determined by the 
Board, the products will no longer be known as “fresh dairy product” but 
shall be clearly labelled “reconstituted dairy product”; and  
 
(k)  dairy products p roduced from the recombining or reconstitution of bulk 
dairy ingredients such as milk powders shall be clearly labeled as such, in 
line with the appropriate provisions of the regulation and implementing 
instructions established by the Board.  
(2) The prohib ition shall also apply to the sale of a dairy product or an imitation dairy 
product that is an infant formula and a follow -up formula.  
(3) The Board may grant written exemption, entirely or partially to any person on such 
condition as the Board may determi ne.  
(4) Details on the classes, standard and quality of milk and milk products are  mainly  
specified in the attached Schedule 11 and Schedule 13 . 
(5) Classes, standard and quality of milk, milk products and milk related products must 
comply with the relev ant attached schedules and recognised national, regional and international 
standard setting bodies such as Eswatini Standards Authority, Milk South Africa, Milk producers 
Organisation (SA), International Dairy Federation, World organisation for Animal Heal th (OIE) 
Codex Alimentarius and the International Organisation for Standardisation (ISO)  
 
 
 PART X  
SAMPLING AND METHOD OF ANALYSIS  
Sampling  
36. Methods to be employed and the procedure to be followed when a sample of a dairy product 
or an imitation dairy product is taken shall be as set out by a latest approved international standard 
setting body. Details are in Schedule 12 and schedule 1 4 
 
Certificates of analysis.   
 
45 
 45 
37. The following persons shall, after being given written notice by the Board, provide at their 
expense a certificate of analysis of the kind specified in the notice within the period specified - 
(a) an occupier;  
(b) an exporter of milk and milk products;  
(c) an importer of milk and milk products;  
(d) a distributor; and  
(e) a processor.  
(f) a trader  
 
Analysis to be d one in an accredited lab.  
38. If a statement as to a particular condition of milk and milk products is made on a Board’s 
permit, the analysis, inspection or examination required for the certificate shall be  carried out in a 
laboratory accredited by the Boa rd or an international or regional standard setting body to perform 
the analysis, inspection or examination.  
Methods of analysis.  
39. (1) The method to be employed and the procedure to be followed in connection with 
determination of a property of a dairy p roduct or an imitation dairy product shall be as set out in 
notices, schedules  or any other method approved by the Board.  
(2)  Details on the sampling and methods of analysis shall be specified in the schedule 
12 for sampling and methods of analysis and schedule 1 4 for Codex Alimentarius and dairy related 
standards  
 
PART XI  
DAIRY AND DAIRY PRODUCTS CONTAINERS  
Requirement for milk and dairy products containers.  
40. (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 from contamination; and  
(iii) will not impart any undesirable flavour to the content;  
(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 its nature.   
 
46 
 46 
(2) No outer container shall contain more than one class of dairy product or imitation 
dairy product, irrespective of whether those dairy products or imitation dairy products are packed 
in separate containers.   
Marking of containe rs, multipacks and outer containers.  
41. (1) All marking  shall be clearly legible and indicated in English, in a letter or figure 
size of at least one (1) mm for lower case vowels.  
 
(2) The main panel of a container of a dairy product or an imitation dair y product shall 
be marked with the following particulars - 
(i) the applicable class designation of that dairy product or imitation dairy 
product as required; and  
(ii) in letters of the same type, colour and font.  
 
(3) If a primary dairy product known as c heese is cut and packed in the retail trade, the 
container or wrapper shall be provided with a label on which the class designation, as well as a 
production lot (batch code) shall be indicated in clear, legible letters or figures and the country of 
origin shall be indicated on the label with other marking requirements.  
 
(4) A container of a dairy product or an imitation dairy 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, manufacturer, or seller of that dairy 
product or imitation dairy in the case where it is not possible to use the 
physical address, a postal address with a telephone number  may be used;  
(b)  the net, drained mass, or volume o f dairy product or imitation dairy product 
packed;  
(c) the ingredient list;  
(d) the date marking;  
(e) the country of origin, which shall be declared as follows - 
(i) "Product of (name of country)" if all the main ingredients, 
processing and labour used to make the foodstuff are from one 
specific country;  
(ii) "Produced in (name of country)", "Processed in (name of country)", 
"Manufactured in (name of country)", "Made in (name of country)" 
or similar words when a foodstuff is processed in a second country 
which changes its nature; and  
(iii)  "Packed in (name of country)" may be used in addition to the 
requirement of paragraph (a) or (b) above.  
  (f) if a primary dairy product such as sour milk or Emasi is sold in the container 
of the buyer, the container fro m which such a product 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.”  
 
47 
 47 
pasteurised” or if not heat treated, “raw” or “unpasteurised”, in letters and  
figures of which the minimum vertical height is at least fifty (50)mm;  
  (g)  the nutritional content with the recommended daily rates shall be well 
stated;  
  (h) no word or expression may be bigger than the class designation unless it is 
a registered tra de mark or trade name;  
  (i)  in the case of a multipack containing less than 105 g or 105 ml, the 
concerned product;  
(j) only the particulars prescribed need to be indicated on the containers 
containing the individual units provided that such individual u nits may not 
be sold loose and that the outer container or the foil lid is marked with the 
required marking requirement; and  
(k)  reconstituted or artificial products shall be well labelled.  
 
Indication of class designation.  
42. (1) The class designation of a dairy product or an imitation dairy product that is marked 
on the main panel of a container, shall -  
(a) be the applicable class designation or alternate class designation centrally 
located on the main  panel specified;  
(b) in the case of cheese, a combination of such class designation and alternate 
class designation may be used and such a designation shall represent a true 
description of the cheese concerned.  
(2) The unspecified class shall include - 
(a) cheese with a recognised protected designation of origin; and  
(b) the registered trade mark for that cheese.  
(3) The alternate class designation, “unspecified” shall be indicated together with the 
class designation as specified.  
(4)  In the case of modified butter, the applicable class designation or alternate class 
designation and in the case of any other modified dairy product the word “modified” shall form 
part of the class designation.  
(5) In the case of reconstituted or recombined dairy product, the word “reconstituted” 
or “recombined” shall form part of the class designation.   
(6) The word "fruit" in the class designation of the type of a dairy product may be 
substituted by the name of the type of fruit that has been added, on condition that in the case of 
yoghurt, depiction s or illustrations of the respective fruits added or used in the manufacturing shall 
only be allowed if the product concerned contains at least 6% (m/m) but not more than 25 % (m/m) 
of such fruit.  
(7) If the milk is derived from plant material, the word “m ilk” shall be preceded by the 
name of the plant concerned.  
(8)  If a primary product has been obtained from the milk of an animal other than a cow 
of the bovine species, the applicable class designation for that product shall be preceded by the 
name of the  species of the animal concerned.   
 
48 
 48 
(9) If a  flavourant  has been added to a dairy product or an imitation dairy product in 
order to render a distinctive specific flavour, the applicable class designation for that product shall 
be preceded by the descriptiv e name for the distinctive flavour concerned and the expression  “x 
flavoured” or followed by the expression “with x flavour” or “with x flavouring”.(10)  In the 
case where a foodstuff has been added to a dairy product or imitation dairy product, the applic able 
class designation shall include the actual name of the foodstuff added.  
(11) The depictions or illustrations of any other ingredient or ingredients emphasised on 
the label shall only be allowed if all the requirements of these regulations have been co mplied 
with.  
(12) In the case of composite product with added foodstuffs or fruits, the expression 
“with” may be used in conjunction with the class designation.  
(13)  The expression “dairy dessert “or “dairy snack” maybe used as a class designation 
in the case where the primary dairy product does not meet the specified milk protein required.  
(14)  In the case of the type of imitation product known as imitation cheese, the 
expression “vegan” may be used instead of the expression “imitation”.  
(15) A class designation may be marked in an altered word sequence on the main panel 
of a container on condition that the altered word sequence does not constitute a misrepre sentati on, 
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.  
Additional particulars on main panel.  
43. (1) The main panel of a conta iner of a primary dairy product of the type known as dairy 
powder blend or dairy liquid blend, and that of an imitation milk product, shall be marked with a 
product description of the product concerned.  
(2) Such product description shall - 
(a) in the case o f a primary dairy product of the type 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  
 
(b) in the case  of imitation dairy products, 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.  
(3) If a primary dairy product of a particular class is a main consti tuent of an imitation 
dairy product, it 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 indicat ed. 
(5) In the case of a modified dairy product, any source of fat other than butterfat shall 
be indicated on the main panel in close proximity to the class designation.  
(6) If a dairy product or an imitation dairy product has been sweetened -  
(a) the expr ession "sweetened" and the content of the “sweetener” shall be 
indicated on the main panel of a container;  
(b) the descriptive name and quantity of the sweetener which was used shall be 
included in the particulars required to be indicated; and   
 
49 
 49 
(c) an imitation dairy product labelled as “non -dairy” shall contain no dairy 
ingredients .  
 (7) If the types of primary dairy products known as milk and cream, have been 
pasteurized, sterilized, ultra -pasteurized, or U.H.T. -treated, the manner of processing shall be 
included on the main panel.  
 (8) The provisions of this regulation shall subject to necessary changes, apply to fermented 
dairy products if it is subjected to heat -treatment after fermentation, on condition that the 
expression “contains no live cultures” shall be indicated in close proximity to the class designation 
in the same letter siz e. 
(9) The provision of sub regulation (8) shall not apply in the case of a primary dairy product 
known as yoghurt.  
 (10) If the types of primary dairy products known as milk and cream have not been 
treated as contemplated, the applicable class designation  for that product shall include the 
expression "Unpasteurized" or "Raw".  
            (11) The expression “long life” may be used for commercially sterile dairy products 
such as ultra - pasteurized or UHT treated products.  
Indication of production lot.  
44. (1) A container of a dairy or imitation  dairy product shall be identifiable and traceable 
to such an extent that the factory where the final product was produced can be identified as well 
as details regarding the specific production lot or batch.  
 
 (2) The identification for all containers of a dairy product originating from the same 
production lot or batch, shall be the same.  
Additional particulars on containers.  
45. (1) A container of a powdered dairy or imitation dairy product shall be marked with 
the producer’s  directions for the reconstitution in order to obtain a final product.  
 (2) The main panel of a container of a powdered dairy, imitation dairy product, dairy 
powder blend, dairy liquid blend, whey powder, sweetened condensed milk, and goat’s milk shall – 
(a)  be clearly marked with the following words “not for baby or infant feeding” 
; and  
(b)  be marked in conjunction with the class designation for the product 
concerned.   
 (3) A container of butter of the class known as medium fat butter, and of modified 
butter of the class known as medium fat modified butter shall be marked with the expression "not 
suitable for frying purposes".  
(4) A container of butter of the classes known as medium -fat butter, and of modified 
butter of the classes known as hi gh-fat modified butter, medium - fat modified butter, shall - 
(a) be marked with the expression "moisture content" followed by an indication 
of the extent, expressed as a percentage, to which moisture constitutes part 
of that product; and  
(b) the percentage  referred to shall not differ by more than three per cent 3% 
from the actual moisture content of the product concerned.   
 
50 
 50 
 (5) If the fat content of a dairy product or an imitation diary product is indicated on the 
cover of a container, the indicated fat con tent of the product concerned shall - 
(a) in the case of a liquid product, not differ by more than 0,2 gram from the 
actual fat content;  and  
(b) in the case of a non -liquid product, not differ by more than 2,0 gram from 
the actual fat content thereof.  
 
 (6) A primary product of the type known as cream shall, for the purpose of this 
regulation be deemed to be a non -liquid product.  
 
PART XII  
 KEEPING OF PROCESSING ESTABLISHMENT RECORDS  
 
Keeping of records by operator of a plant or establishment.  
46. (1) An operator of a plant or manufacturer shall keep for twelve (12) months complete 
records of all milk bought and the records shall include - 
 (a) the volumes of all milk received daily;  
(b) the milk -fat, milk -protein and other milk solids tests of all milk re ceived;
  
(c) the original entries of the volumes of milk bought and the milk -fat, milk -
protein and other milk solids tests of the milk; and  
 (d) and any other relevant tests.  
 (2) An operator of a plant shall keep for at least twelve months completed month ly 
records of milk utilization for audit purposes and the records shall include -  
(a) the number of litres sold in bulk and the number of units of each package 
size of products and other units of products sold by wholesale and retail 
outlet’s detail;  
(b) the number of units of each package size products and other units of 
products sold each day at the plant and the proceeds of the sales;  
(c) the number of units of each package size of products sold each day to 
 distributors;  
(d) the total amount of all prod ucts sold for each payment period by a 
distributor, including the total number of units of each package size sold 
and the selling price of fluid  milk products;  
(e) where cheese is manufactured, individual vat (the vessel, tub, case, or 
mould in which the c urd is pressed or in which the curd is formed, cut or 
broken in cheese  making.)  records giving date of  manufacture, vat 
number, type of cheese made, disposition of the cheese, volume of milk in 
the vat, volume of skim -milk added or weight of skim -milk po wder added, 
weight of milk -fat removed, weight of milk -fat in the vat and weight of 
cheese made;   
 
51 
 51 
(f) where other milk products are processed, records giving date of 
manufacture, type of product made, ingredients, volume of milk, partly -
skimmed milk, skim -milk; and  
(g)  cream used and weight of milk -fat used and other   ingredients.  
(h) details may include information as in the attached schedule 11 and schedule 1 4 
 
Keeping of records by distributor.  
47. (1) A distributor who operates a wholesale warehouse from which retail or grocery 
products are distributed and who is engaged in buying, selling  or distributing products  to other 
distributors, shall keep for at least 12  months, complete records on a monthly ba sis of - 
 (a) all purchases of products; and  
(b) all sales of products, which records shall identify the places or areas where 
the products were sold.  
 
 (2)  A distributor who obtains products from a distributor and whose delivery, sale or 
distribution is governed by an agreement in writing or otherwise with such other distributor shall 
furnish to the Board a copy of any agreement in writing.    
 (3) The opera tor of a plant shall keep a record of -  
(a) all goat’s milk or milk from other specie received at the plant, showing the 
date received and the name of the producer or farmer and the number, if 
any, used for identification of the producer or farmer;  
(b) rejected of  milk and the cause for rejection;  
(c)  weights and grades of all milk accepted at the plant for processing into milk 
products; and  
 (d) results of all tests made at the plant under this regulation.    
 (4) Where a milk grader or tester measures, we ighs, grades or tests milk, the grader or 
tester shall immediately make an accurate record of the volume, weight, grade or test, as the case 
may be, in ink or permanent lead.    
 (5) The operator of a plant shall keep a record of the full name and address o f each 
producer or farmer who ships milk to the plant.    
 (6) The operator of a plant shall keep for at least one year all records of weights, grades 
and tests milk made at the plant.    
 
False Records.  
48. (1) A person shall not falsify any records or stat ements, or make any incorrect 
determination that may affect the price paid for milk at a plant.    
 (2) Where a record or statement in respect of the price paid for milk at a plant is 
changed, the persons responsible for the change shall write their initial s in ink or permanent lead 
at the place in the record or statement where the change was made and these details shall be in the 
trade returns and product recall sections.   
 
52 
 52 
 (3)  Farmers, manufacturers, processors, traders, distributors, importers, exporters,  
traders, wholesalers, and retailers are obliged to – 
(a) supply products that comply with the general safety requirement;  
(b) monitor the safety of products on the market; and  
(c) provide the necessary documents ensuring that the products can be traced.  
 
PART XIII  
REGULATED PRODUCTS  
 
Regulated products.  
49.  (1)  The Board may fix conditions or rules with respect to regulated products and 
without limiting the generality of the foregoing, the Board may make terms and conditions - 
(a) providing for the licen sing of any or all persons before commencing or continuing 
to engage in the producing, processing or marketing of a regulated product;  
(b) prescribing or providing for classes of licences and the imposition of terms and 
conditions on any class of licence;  
(c) providing that the Board may impose such terms and conditions upon a licence as 
the Board or considers proper;  
(d) guiding the production, marketing or processing of any regulated product;  
(e) providing for the refusal to grant or renew or the suspensi on or revocation of a 
licence;  
(f) providing for the imposition, amount, disposition and use of penalties where, after 
a hearing, the Board is of the opinion that the applicant or licensee has failed to 
comply with or has contravened any term or condition of a licence or any provision 
of these Regulations, any plan or any order or direction of the Board;  
(g) providing for the fixing of licence fees and the payment by  any person  producing, 
marketing or processing a regulated product and the collecting of the  licence fees.;  
(h) requiring any person who receives a regulated product from a dairy to pay certain 
licence  fees;  
(i) requiring any person who produces and processes a regulated product to furnish to 
the Board statements of the amounts of the regulated p roduct that the person 
produced;  
(j) prescribing the form of licences; and  
(k) providing for the exemption   of any person or class of persons engaged in the 
producing or marketing of the regulated product or any class, variety, grade or size 
of regulated product.  
 
Suspension or Revocation of a regulated product licence.  
50. The refusal to grant or renew a licence or the suspension or revocation of a licence, may 
be based on the following -  
 
53 
 53 
(a) that the applicant or licensee is not qualified by experience, financial responsibility 
or equipment to properly engage in the business for which the  application was made 
or the licence granted; or  
(b) that the applicant or licensee has failed to comply w ith or has contravened any 
provision of the   Act, these Regulations, any plan or any order or direction of the 
Board or the country’s laws.  
 
PART XIV  
DISTRIBUTION  
Licences.  
51. (1) A person who carries on business as a distributor shall be deemed to hold a licence 
as a distributor as long as that person complies with all applicable provisions of the Act, these  
Regulations and the orders of the Board irrespective of the location.  
 (2) A licence as a distributor is not transferable.  
 (3) A licence as a distr ibutor expires if the holder of the licence ceases to carry on 
business as a distributor.    
 (4) A licence as a distributor only permits the selling or distribution of dairy and dairy 
related products on the premises approved by the Board, local authority or public health units.   
 (5) A person shall not obtain milk or milk products for resale or distribution from any 
person who is not a holder of a licence as a distributor under these Regulations.    
 
Application for a licence.  
52. (1) An application for the  issue, renewal or amendment of a licence to carry on business 
as a distributor shall be made to the Board and may be on the form provided by the Board.    
 (2) An application for renewal of a licence to carry on business as a distributor shall be 
filed wit h the Board at least sixty days prior to the expiry of the licence.    
 (3) Subject to the approval of the Board, a licence as a distributor shall be issued to the 
applicant and shall include -  
 (a) the licence number;  
 (b) the type of licence issued, local, import, export, distributor and  
 distribution centre;  
  (c) the name and address of the licensee;  
(d) description of each location at which the distributor carries on business as 
distributor;  
 (e) the effective date of t he licence;  
 (f) the expiry date of the licence; and  
 (g) the Board’s signature.    
 (4) A licence to carry on business shall have a stipulated expiry period as  may be fixed 
by the Board or specified in the relevant Schedule  such as the attached schedule 1  or notice.  
 (5) The licence fee for a distributor shall be specified in the Schedule on fees.   
 
54 
 54 
 (7) If any licence expires on a day other than an anniversary of its effective date, the 
Board may prorate the licence fee payable for that part of the year from  the last anniversary to the 
expiry date.    
 
Number of licences.  
53. A distributor shall only hold one licence in respect of all locations at which the distributor 
carries on business as a distributor.    
 
Refusal to issue or renew licence.  
54. (1) The Boar d may, after a hearing, refuse to issue a licence, renew, or amend the 
licence of a distributor where - 
(a) the applicant is not qualified by experience, personnel or equipment to 
 properly engage in the business for which the application was made;  
(b) the applicant fails to observe, perform or carry out the requirements of the 
Act, these Regulations, a plan, an agreement or an award, or an order of, the 
Board;  
(c) the area in which the applicant intends to deliver, sell or distribute fluid milk 
products is already adequately served;  
(d) regular service to consumers in the area in  which the applicant intends to 
deliver, sell or distribute products should be provided or continued, and the 
applicant does  not intend to provide or continue such service;  
(e)  the applicant will not distribute in relation to the needs of customers in the 
area in which the applicant intends to deliver, sell or distribute;  
(f)  the applicant will not make adequate provision for the segregation of milk 
and milk products from other  products carried by the applicant’s delivery 
vehicles;  
(g)  the existing relationship between producers and distributors in the area in 
which the applicant intends to deliver, sell or distribute should not be 
continued;  
(h)      any material representatio n or information made or provided by or on behalf 
of the applicant is false or misleading;  
(i)  the applicant does not comply with the health protection and promotion 
laws and the regulations there under;  
(j) the issuance or renewal of the licence is not i n the public interest having 
regard to the past conduct of the applicant or, where the applicant is a 
corporation, of its officers or Boards;  
(k) the past conduct of the applicant or, where the applicant is a corporation, of 
its officers or boards, affords  reasonable grounds for belief that the business 
will not be carried on in accordance with the country’s laws and with 
honesty and integrity;  
(l)  the applicant has already been issued the licence applied; and where; or  
(m) dumping of products from other countries is suspected and or confirmed.   
 
55 
 55 
 (2) A distributer’s licence shall not be transferable.   
(3) A detailed risk analysis report shall be submitted for products sourced outside the 
country.  
(4) Products that are in the last quarter of their useful li fe, (the time between production 
dates and expiry dates) shall not be distributed especially when sourced outside Eswatini.  
 
Contravening licence conditions.  
55. (1) Where, after a hearing, the Board has determined that a licensee or former licensee 
has co ntravened a condition of a licence or a provision of the Act, these Regulations, a plan or an 
order or direction of the Board, the  Board may impose a penalty on that person.   
 (2) The Board shall consider whether a contravention - 
 (a) harms or has the pot ential to harm the health of any person;  
 (b) endangers the safety of any person;  
 (c) results in a significant economic benefit to the contravener;  
 (d) harms the local dairy industry; or  
 (e) harms the Board’s and the country’s revenue;  
 
and determine if such contravention warrants a penalty as set out in these Regulations.  
(3)  If a contravention that was caused by wilful neglect by the person penalized causes 
harm to the health of any person, the penalty imposed may be the maximum provided in the Act.  
(4)   If a contravention is of an administrative nature that does not have the potential to 
cause harm to the health of any person, the penalty shall not be the maximum set out.  
 (5) A licence as a distributor shall be issued on the condition that - 
(a) the holder of the licence observes, performs and carries out the provisions 
of the Act, the regulations, all plans, agreements and awards, and all orders 
of the Board;  
(b) where so required by the Board, the holder of the licence provides or 
continues regula r delivery service to consumers in the area in which the 
applicant delivers, sells or distributes;  
(c) the holder of the licence complies with the health protection and promotion 
legislations in the country;  
(d) the holder of the licence notifies the Board  in writing of all changes in the 
description of the locations at which the holder carries on business as a 
distributor;  
(e) the holder of the licence informs the Board in writing of the name of every 
distributor of those  supplies to the holder;  
(f) the ho lder of the licence distributes in relation to the needs of customers in 
the area in which the applicant delivers, sells or distributes;  
(g) the holder of the licence segregates milk and milk products from other 
products carried by the licence holder’s de livery vehicles;   
 
56 
 56 
(h) the holder of the licence or, where the holder of the licence is a corporation, 
every officer, board or employee thereof, does not contravene nor permit 
any person under their control or direction to contravene any provision of 
the Ac t or the regulations or of any other law or the regulations there under 
or of any law applying to the carrying on of such business, or the conditions 
for licensing;  
(i) the holder of the licence carries on the business in accordance with law and 
with hone sty and integrity and with regard to the public interest;    
(k) the holder of the licence does not dump products from within and outside 
the country;  
(l) the holder of the licence shall have a valid approved export certificates for 
manufacturers or proces sors of dairy and dairy related products;  
(m) the holder of the licence shall have a valid approved export certificate for 
distributors of dairy and dairy related products;  
(5) A permit shall not be issued for products that come directly from distribution  
centres outside Eswatini, where the distributors are not licensed in the country.  
 (6) Distribution centres outside Eswatini shall be encouraged with time to set up 
centres in the country or work with the local distributors.  
 (7) Due to food safety, traceability, product recall and trade returns challenges, 
distribution centres located outside Eswatini and directly supplying products to wholesalers, 
retailers and consumers shall not be recommended and preferred.  
(8) All distributors in and outside Esw atini shall apply for a licence before distributing 
products in Eswatini.  
(9) Manufacturers, processors shall be registered and approved distributors to operate 
in Eswatini;  
(10) Manufacturers, processors and traders shall submit names of their registered and 
approved distributors in Eswatini to the Board.  
 
 
 
Suspension, Revocation, Surrender of a licence.  
56. (1) After a hearing, the Board may suspend or revoke a licence of a distributor for any 
failure by the distributor to comply with the conditions that  apply to the licence.   
 (2) A person or manufacturer shall not supply to a distributor who is not a  holder of a 
licence under these Regulation  
 (3) A licensed distributor who ceases to carry on business as a distributor shall 
promptly surrender the licen ce to the Board.    
 
PART XV  
SAFE AND UNSAFE MILK  
  
 
57 
 57 
Unsafe milk.  
57. (1) Milk, milk products or imitation dairy products are not to be considered unsafe if 
they are subjected to the preparation that is relevant to their reasonable intended use.  
 (2) Milk and  milk products are not unsafe merely because their inherent nutritional or 
chemical properties or their inherent nature causes an adverse reaction only in persons with 
allergies or sensitivities that are not common to the majority of persons.  
 
Unsuitable p roducts.  
58. Milk and milk products are not suitable if they - 
(a) are damaged, deteriorated, perished or contaminated to an extent that affects their 
reasonable intended use;  
(b) contain any damaged, deteriorated, perished or contaminated substance that affects 
their reasonable intended use;  
(c) are derived from an animal that is diseased, dead, or has been declared unsafe for 
human consumption;  
(d) contain a biological or chemical agent or other substance that is foreign to the nature 
of milk and milk products of that kind;  
(e) are produced using, treated with or are subjected to a harmful process contrary to 
these Regulations; or  
(f) are produced under controls, including hygiene, temperature and other   processing 
controls that are inadequate to ensu re that they are safe and not unsuitable.  
(g)     details the quality and testing methods for safe milk are in schedule 1 3 of the 
regulations  
   
 PART XVI  
REGISTRATION OF ESTABLISHMENTS TO PROCESS AND TRADE IN MILK AND 
MILK PRODUCTS  
 
Requirements for registration.  
59. (1) Milk and milk products shall be prepared at an establishment that is registered and 
authorised by  the board in respect of the intended operations.  
(2) For purposes of this regulation, establishment includes premises, such as a buildin g, 
ship, aircraft or vehicle and preparation includes processing, packing, storage, treatment, handling 
or loading.  
 (3) A person shall not process at an establishment that is not registered.  
(4)  A person who occupies an establishment where activities ta ke place   in 
contravention of sub - section (3) above, commits an offence.  
 (5) Products need not be prepared in a registered establishment if the Board gives the 
operator of the establishment written approval with conditions to process at an unregistered  
establishment.  
  
 
58 
 58 
Instrument of exemption.  
60. These section does not apply to milk and milk products that are - 
(a)  stored in an aircraft for the use of passengers and crew or for the service of the 
aircraft on a flight from Eswatini;  
(b) imported into Es watini and not prepared in Eswatini and held in bond at all times 
prior to export; or  
(c)   imported into Eswatini and then exported in the same covering and under the same 
trade description as the covering and trade description in which they were imported ;  
(d) are on transit; or  
(e)  are exempted under special circumstances.     
 
PART XVII  
IMPORT AND EXPORT OF MILK AND MILK PRODUCTS  
 
Import and  Export permits.  
61. (1) Before milk and milk products are exported or imported for consumption, an import 
or export permit shall have been issued by the board or given for their import or export.  
 (2) A permit shall be valid at the time of the import or export of the milk and milk 
products.  
(3) All imported milk products for sale in Eswatini shall comply with the  labelling 
requirements set out in the attached relevant schedules and sections.  
 
 
Prohibition on import and export of milk and milk products.  
62. A person shall not import or export milk and milk products unless the requirements 
specified in this section  are complied with.  
 
Conditions and restrictions on import and export.  
63. For the purposes of these Regulations, the requirements specified for milk and milk 
products in this section are specified conditions and restrictions applicable to the import and e xport 
of milk and milk products that are imported or exported for consumption.  
 
Approved permit holder.  
64. A permit holder or an owner shall be the person who applied and was granted a permit by 
the Board.  
 
Security of import and export permits and government permits.  
65. (1) A person to whom this section applies shall ensure that import, export and 
government permits are held under conditions of security when not in use.   
 
59 
 59 
 (2) Failure to comply with this regulation may impede the approval of arrangem ents as 
they relate to the issue of permits and the approval of persons as approved import or export permit 
issuers or result in the revocation of such approvals.  
 
Return of import, export permits and government permits.  
66. Import, export permits shall be  returned to the issuer where -  
(a) an import or export permit for milk and milk products is revoked;  
(b) any relevant agency such as Government permit for milk and milk products 
is cancelled;  
(c) the intention to import or export milk and milk products  is abandoned; or  
(d)  the permit has expired.  
 
Requirement to notify.  
67. If before the import or export of milk and milk products for which an import or export 
permit is issued or given, a person to whom this section applies suspects that -  
(a) the fit ness for human consumption of the milk and milk products is 
jeopardised or their security or integrity is compromised; or   
(b) an importing or exporting country requirement applying to the milk and 
milk products is not complied with,  
that person shall notify the relevant authorized officer of the board immediately after receiving 
that information.  
 
 
 
Effective measures to ensure accuracy and completeness.  
68.  A person to whom this section applies shall have effective measures in place to 
ensure that -  
(a) information given to the Board in connection with an application for an 
import and export permit or any permit  is accurate and complete; and  
 (b) there is a sound basis for the information given . 
 
 
 
PART XVIII  
AUDITS  
 
Purpose of an audit.  
69. (1) The purpose of an audit of operations is to establish whether there is compliance 
with one or more of the applicable requirements for which the audit is required by the Board.   
 
60 
 60 
 (2) The Board may require the audit to be for compliance with all of - 
(i) the appli cable requirements of the Act and its regulations;  
(ii) the requirements of any applicable approval, or an arrangement and 
its conditions;  
(iii) the applicable exporting or importing country requirements; and  
(iv) for all aspects of the operations in rel ation to all milk and milk 
products.  
   (3)  An audit may be on the aspects of operations specified by the Board or on milk and milk 
products of the kind specified by the Board.  
 
Who may be audited.  
70. The following may be a subject of a required audit -  
( a) the whole dairy industry value chain including direct and indirect beneficiaries and 
sectors;  
(b) operations for the preparation of milk and milk products;  
(c) operations for the import or export of milk and milk products as food; or  
(d) operations f or all aspects of the operations production to consumption of milk, milk 
products and milk related products such as substitutes, recombined and 
reconstituted dairy products.  
 
Who may perform an audit.  
71. (1) An audit may be conducted by an authorized offi cer of the Board.  
 (2) If so, specified by the Board in writing, by an auditor approved by the Board to 
perform an audit of that kind.  
 (3) Details are in the attached Schedule 10  
 
Additional audits on request.  
72. (1)  The Board may, at the request of a dairy industry stakeholder, occupier, importer 
or exporter, provide audits of the occupier’s, importer’s or exporter’s operations by an authorized 
officer.   
(2)  The Board may at any time require or withdraw the provision of additional audits.  
 
 
Notice of audit.  
73. (1) An audit may be announced or unannounced.  
 (2) If the audit is unannounced the auditor shall, before starting the audit, produce the 
auditor’s identity card for inspection.  
 (3) If notice has been given of the audit, the auditor shall, at th e request of the occupier, 
importer or exporter, produce an identity card for inspection before starting the audit.   
 
61 
 61 
 
Audit frequency and intensity.   
74. (1) The Board may by giving a written notice to the occupier, importer, and exporter 
specify the frequency and intensity of the audits of their operations.  
 (2) The Board may by giving a further written notice to the person to whom the first 
notice is given, vary or revoke the earlier notice.  
 (3) The Board may specify the conditions of any applicable  approved arrangement or 
approval of a person and the frequency and intensity of audits required.  
 
Assistance to be provided.  
75. (1) The occupier, importer and exporter shall provide such assistance to an auditor as 
is necessary to enable the auditor to p erform the audit of their operations.  
 (2) Without limiting the generality of sub -regulation (1), the occupier, importer or 
exporter  shall - 
(a) provide information to the auditor on request including explanations, 
documents and translations available; and  
(b) allow an auditor to - 
(i) observe and interview employees, agents or contractors of the 
occupier, importer or exporter ; 
   (ii) observe any of their procedures;  
(iii) use their equipment for the purpose of accessing, examining, testing, 
sampling, recording or reproducing any documents or other thing at 
their premises; and  
(iv)  bring into the premises at which the audit is conducted equipment  
for that purpose.  
 
Audits to be conducted expeditiously.  
76. An auditor shall conduct an audit as expeditiously as possible and in a way that causes as 
little interference as possible to the operations that are the subject of the audit.  
 
Failure to comply.  
77. (1) If as a result of an audit of operations, in the auditor’s opinion, there is a failure or 
a combination of failures to comply with a requirement, the auditor shall -  
(a) assess whether the failure or a combination of failures is  a critical 
non-compliance; and  
(b)  notify the occupier, importer and exporter immediately on ending the audit 
of their operations.  
 (2) If in the auditor’s opinion, the failure or a combination of the failures, amount to a 
critical non -compliance, the a uditor shall notify the Board immediately on forming that opinion.  
  
 
62 
 62 
Audit reports.  
78. (1) The audit report shall include the following information - 
 (a) the name of the auditor;  
 (b) the date of the audit;  
  (c) the identity of the operations audited; and  
(d) the nature and scope of the audit, including the activities audited.  
 (2) The audit report shall state - 
(a) whether in the auditor’s opinion the audit was satisfactorily completed or 
was terminated prior to completion;  
            (b)     whether in the auditor’s opinion the requirements referred for which the audit 
is required by the Board are complied with; and  
(c) the reasons for the auditor’s opinion.  
 (3)    The audit report shall - 
(a) describe each fa ilure to comply with the requirements set out in the licence, 
the Act or these Regulations; and  
(b) state whether in the auditor’s opinion the failure or a combination of the 
failures is a critical non -compliance or has contributed to a critical 
non-compli ance.  
 (4) An a udit report shall be submitted to the Board, occupier, importer or exporter and 
other relevant stakeholders within fourteen (14) working days after the day of an approved auditor 
ends.  
PART XXI  
OFFICIAL MARKINGS  
Power to make markings.  
79. A person may manufacture an official mark for use for milk and milk products or be in 
possession  an official marking device for use on milk  and milk products if - 
(a) that person is an authorized officer or is acting in accordance with a 
direction of an authorized officer; or  
(b) the person is designated in an approved arrangement as a person who may 
do the relevant act and the act is done in accordance with the approv ed 
arrangement by the Board, the purchaser and the supplier.  
 
 
Interfering with an official marking.  
80. (1) A person shall not alter or interfere with an official mark applied - 
(a) to milk and milk products, their packaging or to anything containing the 
milk and milk products; or  
  (b) to anything that is attached to - 
    (i) milk and milk products; or   
 
63 
 63 
(ii) the packaging or  anything containing milk and milk products; or  
 (2)  A person shall not alter or interfere with an official mark applied, unless th at person 
is- 
(a)  an authorized officer, or is acting in accordance with a direction of an 
authorized officer; or  
(b) the person is designated in an applicable approved arrangement as a person 
who may do the relevant act and the act is done in accordance with the 
approved arrangement by the Board, purchaser and the supplier.  
Resemblances.  
81. (1) Resemblance of an offici al mark  means a design that - 
 (a) is similar to the design of an official mark; and  
(b) differs materially from the design so specified only in respect of its 
dimensions.  
 (2) A person shall not apply to a packaging  or to anything containing milk and milk 
products, a mark resembling an official mark including a resemblance of an official mark or 
anything apparently intended to resemble or pass for an official mark unless the following 
circumstances exist - 
(a) the person is designated in an applicable approv ed arrangement as a person 
who may do the relevant act; and  
(b) the act is done in accordance with the provisions of the approved 
arrangement.  
 
Altered markings.  
82.  If milk and milk products are located at an establishment and the occupier suspects that an 
official mark applied to the milk and milk products has  been altered or interfered with other than 
in accordance with these Regulations, the occupier shall -  
(a) notify an authorized officer without delay on forming the suspicion; and  
(b) not deal further with the milk and milk products concerned without the 
written approval of an authorized officer.  
Application of marking.  
83.  An official mark shall be applied to - 
 (a) packages or anything  containing milk  and milk products; or  
(b) anything that is attached, not easily defaced, pre -printed and imprinted to -  
   (i) milk and milk products;  
 (ii) packages of milk and milk products; or  
   (iii) containers of milk an d milk products.  
 
Keeping of official marks.  
84. (1) An occupier shall keep official marks and marking devices under conditions of 
security when not in use.   
 
64 
 64 
 (2) An occupier shall make a record of the occupier’s - 
  (a) receipt, use and return of official marking devices;  
  (b) receipt or manufacture of official marks; and  
  (c) use and defacement of official marks.  
 (3) The Board may revoke an official marking if the authorized officer has reasonable 
grounds to believe that- - 
(a) the occupier  or operator  has not, or is not likely to comply with a 
requirement of the Act, and other relevant laws;  
(b) the fitness for human consumption is or is likely to be jeopardised or their 
integrity is, or is likely to be compromised;   
(c) milk and milk products are not likely to comply with the quality standards; 
or  
(d) the occupier of the establishment at which the milk and milk products are 
processed in unapproved and unregistered locations.  
  (4) The authorized officer may issue a directive requiring action to be taken if 
there are reasonable grounds to believe that a requirement of the Act in relation to milk and milk 
products has not been complied with or is not likely to be complied with.  
 (5) If the authorized officer has reasonable grounds to believe that there is non - 
compliance, the authorised officer may take one or more of the following steps to -  
(a) address the  cause of the none compliance;  
(b) ensure that the failure to comply with the requirement or the likelihood 
thereto does not recur; and  
 (c)   assess the effectiveness of the action.  
(6) The direction provided may require the following action – 
(a) the movement of milk and milk products ou t of the premises including 
movement to premises identified by the authorised officer;  
(b) the retention, securing, identification, segregation, treatment, inspection, 
examination, sampling, condemnation, destruction, denaturing  or other 
disposal of milk a nd milk products;  
 (c) the cessation of the preparation of milk and milk products; or  
(d) that action is taken in relation to a mark, premises , equipment and vehicle 
used.  
 (7) An occupier’s failure to take corrective action if a requirement of these Regu lations 
is not being met may result in the suspension or revocation of an approved arrangement.  
 (8)   An authorized officer may not give a direction requiring that the preparation of milk 
and milk products cease unless the authorized officer has reasonable grounds to believe that the 
purpose specified cannot be achieved without the cessation of the preparation.  
 
Obligation to comply with direction.   
 
65 
 65 
85. (1) An occupier who is given written notice of a direction under this Part shall take the 
action  specified in the notice within the period specified in the notice.  
 (2) The notice shall state that a failure to take the action specified within the time 
specified is an offence.  
 (3) An authorized officer may amend or revoke the notice by giving a furth er written 
notice to the person to whom the notice is given.  
 
Requirement to provide translations.  
86. (1) If any part of a trade description applied appears in a language other than English 
or SiSwati, an authorized officer may give any of the following p ersons a written notice requesting 
a translation -  
(a) the occupier of the establishment at which the information is 
applied;  
(b) the occupier of the establishment in possession of the products 
concerned; or  
(c) the importer or exporter of the milk and milk products concerned.  
 (2) The translation shall be prepared by a person who -  
(a) has appropriate qualifications to make the translation; and   
 (b) is independent of and not employed in operations to prepare the 
products.  
 
Assistance to authorized officers.  
87. The occupier shall, if requested by an authorized officer, provide reasonable assistance to 
the authorized officer for the purpose of exercising a function by the authorized officer.  
 
Alternative regulatory arrangements.  
88. (1) The occupier may make a written application to the Board for a notice stating that 
an alternative procedure, standard or other requirement specified in the application achieves the 
purpose of a requirement of these Regulations specified in the application.  
 (2) If the Board is satisfied that the specified alternative procedure, standard or other 
requirement achieves the purpose of the specified requirement, the Board may give the occupier a 
written notice to this effect.  
 (3) The Board may amend or revoke a notice by gi ving the occupier of the 
establishment a further written notice.  
 (4) Compliance with the procedure, standard or other requirement specified in the 
notice given by the Board is taken to be compliance by the occupier with the requirement of these 
Regulation s.  
 (5) An occupier may make a written application to the Board for a notice stating that a 
requirement of these Regulations that is specified in the application does not apply to, or in relation 
to the products prepared at the occupier’s establishment.  
  
 
66 
 66 
 (6) If the Board is satisfied that all of the following circumstances exist -  
(a) a relevant importing country requirement differs from the requirement of 
these Regulations specified in the application;  
(b) compliance with the importing country requiremen t would not result in 
compliance with the requirement of these Regulations specified in the 
application;  
(c) an establishment’s approved arrangement contains controls to achieve the 
importing country’s requirements;  
(d) products processed in the establishm ent are not for the local markets,  
the Board may at the Board’s discretion give the occupier a written notice.  
 (7) A notice may specify that the requirement of these Regulations specified in the 
notice does not apply to or in relation to products prepared  at the establishment only for export.  
 (8) The Board may amend or revoke the notice by giving the occupier a further written 
notice.  
 
Application for reconsideration.  
89. (1) A person whose interests are affected by a decision to give a direction made under 
these Regulations may make a written application for a reconsideration of that decision by a senior 
authorized officer at the office of the Board where the direction is give n.  
 (2) The application shall - 
  (a) set out the reasons for the application; and  
(b) be given to a senior authorized officer within seven (7) days after the day 
on which the decision to give the direction first comes to the notice of the 
applicant or wit hin such further period as the senior authorized officer 
allows.  
 (3) On receiving an application, the senior authorized officer shall reconsider the 
decision to give the direction and may confirm, vary or revoke any direction that may have been 
given in the first instance.  
 (4) When the senior authorized officer makes a decision, the authorized officer’s 
decision ceases to have effect.  
 (5) Within 14 days after the day on which the senior authorized officer receives the 
application, the senior authorized officer shall give the applicant a written, decision and the reasons 
for arriving at that decision.  
   
 
Application to the Board.  
90. (1) A person whose interests are affected by a decision made by a senior  authorized 
officer may make a written application  to the Chief Executive Officer for a review of that decision.  
 (2) The application shall - 
  (a) set out the reasons for the application; and   
 
67 
 67 
(b) be given to the Chief Executive Officer within seven (7) days after the day 
on which the decision made by the  senior authorized officer first comes to 
the notice of the applicant or within such further period as may be 
prescribed.  
 (3) On receiving an application, the Chief Executive Officer shall reconsider the 
decision made by the senior authorized officer and may confirm, vary or set aside that decision.  
 (4) When the Chief Executive Officer makes a decision, the senior authorized officer’s 
decision ceases to have effect.  
(5) The Chief Executive Officer may inform the Board of the reviewed decision for 
information.  
 (6) Within twenty -eight (28)  days after the day on which the Chief Executive Officer 
receives the application, the Chief Executive Officer shall give the applicant a written notice of -  
 (a) the Chief Executive Officer’s decision; and  
 (b) the reasons for the decision.  
 
Application to the Minister.  
91. (1) A person whose interests are affected by a decision made by the Board may make 
a written application to the Minister for review of that decision.  
 (2) The application shall - 
 (a) set out the reasons for the application; and  
(b) be given to the Minister within seven (7) days after the day on which the 
decision made by the Board first comes to the notice of the applicant or 
within such further period as the minister allows.  
 (3) On receiving an application made, the Minister shall reconsider the decision made 
by the Board and may make any decision to give a direction that may have been made by a Board 
in the first instance.  
 (4) Within sixty (60) days after the day on which the Minis ter receives an application, 
the Minister shall give the applicant written notice of the Minister’s decision and the reasons for 
the decision.  
 
PART XX  
PRODUCT RECALL PLAN  
 
Purpose of the Recall plan.  
92. (1) The main purpose of the plan is to remove or correct volatile products that may 
represent a health hazard to the consumer or user.  
 (2) A product recall shall be a responsibility of a manufacturer, distributor, trader, 
exporter or importer to protect publ ic health and well -being.  
 (3) As a precautionary measure, product recall shall commence as soon as the health 
hazard is suspected while further information is gathered to determine if the health hazard with the 
product is genuine.   
 
68 
 68 
 
Types of Recalls.  
93.  A product recall plan shall be categorised into three (3) classes as follows -  
(a)       a class I recall which shall be classified where there is a reasonable probability that 
use of or exposure to a product will cause serious, adverse health consequences  
such as - 
  (i) a disease -causing agent  in dairy products or reagents;  
(ii) allergens in the dairy product such as undeclared peanuts or eggs in 
the dairy product;  
  (iii) expired dairy products or reagents;  
  (iv) contaminated products or reagents;  
  (v) products not fit for human consumption; and  
 (vi) metal or glass fragments found in a product  
 
        (b) a class  II recall which shall be classified where the  use of or exposure to the 
product may cause temporary or medically reversible adverse consequen ces, but the 
probability of serious adverse health consequences is not as in class 1 and may 
include the following -  
(i) wash water solution in fluid milk;  
  (ii) adulterated products;  
  (iii) wrong combination of edible ingredients;  
 
 (c) a class III whi ch recall shall be classified where the  use of or exposure to 
the product is not likely to cause adverse health consequences such as - 
(i) misbranding of flavours or not using the term artificial; or  
  (ii) incorrect labelling such as type  size and promine nce. 
 
Recall discovery and decision phases.  
94. (1) The first step in a recall situation is the discovery of a potential product problem 
and can happen in many ways such as laboratory discovery, employee observation and consumer 
complaints as illustrated below -  
(a) lab discovery may occur where a product t ests positive for a potential 
problem, such as high or pathogenic bacterial count, improper 
pasteurization, or presence of antibiotic;  
(b) an employee observation could relate to parts of a filler being missing or 
broken glass being found in the filling ar ea; 
  (c) consumer complaints may be  divided into two classes - 
(i) routine complaints such as not enough condiments in ice cream, 
leaking package, and other non -critical issues; or   
 
69 
 69 
(ii) complaints that cause a health concern such as metal shavings in a 
product, cross -contamination with allergens, or any other serious 
situations.  
 (2) If there is a laboratory discovery, an employee observation or a consumer complaint 
that warrants a concern, the recall decision phase shall come into  effect by gathering the following 
information -  
  (a) identity of the product in question - 
(i) the items involved  including products, brand names, and package 
sizes;  
(ii) the production dates and code dates of the affected product; and  
  (iii) the location where the items were pr oduced;  
 (b) the reasons for the product to be of questionable quality,  
including - 
  (i) the type of defect;  
  (ii) the cause of defect;  
  (iii) the problem discovered;  
  (iv) the potential health hazards;  
(v)       potential illnesses or injuries reported;  
(vi)     potential hazards result  from the problem; or   
(vii)     problem severity to public health;  
   
(c) the quantity of the product in question such as - 
(i) the production lines or batches affected  and involved shifts; or  
  (ii) quantities produced;  
  (d) the customers that received the product including the -  
  (i) identify customers and quantities received; or  
  (ii) distribution of the product.  
Mock recall plan.  
95. (1) A mock recall shall be used to test the efficacy of the current recall procedure in 
place.  
 (2) A mock recall shall be obligatory and shall be part of a food safety management 
system.  
 (3) Mock recalls shall be conducted in all the sections of the value chain.  
 
Recommended information in recall submission.  
96. (1) The recall submission form or report shall contain the following information - 
 (a) product name, include brand name and generic name;  
 (b) model, catalogue, or product order number;   
 
70 
 70 
 (c) descri ption of the product;  
            (d)  state whether or not the product  is powder, liquid, tablet, or capsule;  
 (e) include the intended use or indications;  
 (f) if the product is perishable, include the expected shelf life;  
 (g) include type of packaging,  such as a box, flexible plastic, glass;  
 (h)  product labelling including all private labels;  
 (i) individual package label;  
 (j) case label, photocopy acceptable;  
 (k) package inserts;  
 (l) directions for use;  
 (m) promotional material, if applicable;  
 (n) code, production identification number;  
(o) lot or unit numbers, if "all lots" are involved or the product is not coded, 
explain how non -recalled or reintroduced product may be distinguished 
from product subject to recall;  
(p)  expiry date, use by date or expected shelf life of the product;  
 (q) serial numbers, medical devices;  
 (r) details of the recalling company, organization or person details;  
 (s) details for the responsible individual for the recalling company;  
 (t) details of the place where the p roduct is recalled; and   
(u) details of the company or person responsible for the violation or problem.  
 (2) Where there are reasons for the recall, t he company recalling a product shall - 
 (a) explain in detail how the product is defective;  
(b) explain h ow the defect affects the performance and safety of the product, 
such as, where the recall is due to the presence of a foreign object, describe 
the foreign objects size, composition, hardness, and sharpness;  
(c) if the recall is due to the presence of a co ntaminant, cleaning fluid, machine 
oil, or paint vapours, the level  of contaminant in the product and provide 
labelling shall be explained, including a list of ingredients and the material 
safety data sheet for the contaminant;  
(d) if the recall is due to failure of the product to meet product specifications, 
 provide the specifications and report all test results and provide 
copies of any sample analysis;  
(e) if the recall is due to a label or ingredient issue, provide and identify the 
correct and incorrec t labels, description, and formulation;  
(f) if the recall is due to expiry date, provide the expiry date and the recall date;  
 (g) explain how the problem occurred and the date it occurred;  
(h) explain how the problem was discovered and the date discovered ;  
 
71 
 71 
(i) explain if the problem or defect affects all units subject to recall, or just a 
portion of the units in the lots subject to recall;  
(j) explain why this problem affects only those products or lots subject to 
recall;  
(k) provide detailed information o n complaints associated with the product or 
problem;  
 (l) provide the date of complaint;  
(m) describe the complaint, including the details of any injury or illness; and  
 (n) lot number or serial number involved.  
 
  (3) The company responsible for a recalled product shall indicate the volume 
of the recalled product and shall include - 
 (a) the total quantity produced;  
 (b) the date produced;  
 (c) the quantity distributed;  
 (d) the date distributed;  
(e) the quantity in the custody of the recalling pers on and its distribution 
centres ; 
 (f) how the product is being quarantined;  
(g) the estimate amount remaining in marketplace, distributor level, retail level; 
and   
 (h) the status or disposition of marketed product, if known   such as 
used in further man ufacturing, or destroyed.  
 (4) A recall strategy of the responsible company shall - 
(a) indicate the level in the distribution chain to which you are extending the 
recall;  
(b) explain the rationale for not recalling from other areas such as the retail 
level, if the recall only extends to the wholesale or distributor level;  
(c) indicate the method of notification whether by mail, phone, facsimile, e -
mail including a written notification so that customers can  react to 
instructions;  
(c) indicate how informat ion will be sent to customers, and if there is a web 
site, consider posting the recall notification on the web site as an additional 
method of recall notification;  
(d) report on the  instructions that were issued to customers to comply with the 
recall of th e product;  
(e) explain if this recall will create a market shortage that will impact on the 
consumer ; 
(f) report on recall effectiveness check strategy, including actions for non - 
responders;   
 
72 
 72 
 (g) determine and provide course of action for out -of-business   
 distributors.  
(h) provide a proposed method of destruction, if applicable and if the product 
is to be "reconditioned", explain how and where the reconditioning will take 
place;  
(i) contact the local authority or public health unit prior to product destruction, 
which may choose to witness the destruction;  
(j)  where applicable, shall keep safe documentation of product destruction and 
whether or not destruction was witnessed by the Board or other agencies; 
and 
(k) have field corrections performed by t he recalling company, representatives, 
or under their supervision and control.  
Product Recovery Phase.  
97. (1)   During a physical recovery and disposal of the product, the following steps shall 
be taken by a person conducting the recovery and discovery - 
  (a) the distribution and plant management or their agencies shall  
  designate a return pooling area for the recalled product;  
(b) if the return pooling area  is within the plant it shall be segregated from 
normal operations;  
(c)  the concerned parties sh all review the scope of distribution for the product 
and determine the quickest way to get the product out of circulation; and  
(d) all returns shall be clearly marked to avoid any confusion with and unrelated 
products.   
 (2) Documentation of the collectio n and disposal of the recalled product shall be - 
(a) recorded, including the amounts and locations from which the product was 
retrieved, along with its disposition;  and  
(b)  forwarded to the board on a daily basis so that an up -to-date status report 
can be generated.     
Evaluation of the Recall.  
98. (1) A recalling company shall be responsible for ensuring that a recall is effective by 
conducting effectiveness checks.  
(2) The purpose of an effectiveness check is to verify if the recall notification letter  
was received, read and understood by the customer and whether the recall instructions was 
followed.  
(3) The effectiveness check shall also verify that the recall reached the appropriate 
level in the distribution chain.  
(4) The effectiveness check is for  evaluating the effectiveness of the recall.  
(5)  If the effectiveness checks indicate that the recall notification was not received, 
read or instructions were not followed, then necessary steps shall be taken to make the recall 
effective.   
 
Notification  Phase.   
 
73 
 73 
99. (1) If a class I recall is warranted, the first group to be notified shall be the Board, 
retailers, consumers, processors, city council, public health unit and other  relevant stakeholders 
such as the media in the affected marketing areas.   
 (2) In the event of any recall, a record of the facts known and what corrective action 
has taken place shall be kept.  
 (3)  Notification  shall be by means of a telephone, fax, email, or personal contact and 
the severity of the recall will determine which me thod is used.  
 (4) Regardless of which method is used, each person making contact with the 
customers shall keep a written report outlining who was contacted, the business location, and time 
and date of contact.   
  (5) A press release shall be promptly is sued in a situation where the product may pose 
a significant health hazard and recalled product is in the hands of consumers.  
 
Termination of the recall.  
100. (1) A termination  of a recall shall be done after   all possible information sources and 
actions have been received and it is reasonable to assume that the recalled product has been 
recovered, corrected, reconditioned, or destroyed.  
 (2) There shall be a follow -up inspection by the Board and other related agencies such 
as city council, public health u nit and other relevant structures to verify that the reason for the 
recall has been corrected.  
 (3) The affected party or the agent issue a report to the Board, local authority, public 
health and other relevant stakeholders on the  reason for the recall and  corrective actions and steps 
to prevent re -occurrence of the threat.  
 (4) A final status report and documentation of recalled product disposition shall be 
provided to the board, city council and public health unit and other relevant stakeholders.  
 (5) A recall across  the border  shall be facilitated by the dairy board inspectors or 
approved agencies.  
 
 (6) All relevant stakeholders shall have  their product recall or returns policy and plan 
in place.  
 
 
 
 
 
 
 
 
PART XXI  
E-COMMERCE OR E -BUSINESS  
 
E-commerce or e-business  
101. The Board may decide that any or all of the services provided to clients be done using 
electronic and computer networks, such as the  internet.   
 
74 
 74 
   
PART XXII  
TRADE RETURN PLAN  
 
Trade return plan.  
102. (1)  In order to ensure that the process  of returns is handled in the most effective manner 
to minimize the impact that spoilt products have on the profitability of the undertaking, all parties 
shall accept responsibility and apply the process or policy of returns meticulously.  
 
(2) The represen tative or merchandiser supervisor as well as the responsible store or 
perishable manager shall ensure that the product is sorted, weighed and sealed in plastic bags and 
gathered in the reception area.  
 
(3) The different categories of returns shall include  farm faults, plant faults, and 
damages by the store, fridge breakdowns, distribution faults, transport faults, or legal returns.  
 
(4) Trade returns, prevention, control, management, communication, eradication and 
mock trade returns plans shall be in place  for all the industry stakeholders who include farmers, 
producers, processors, manufacturers, transporters, distributors, wholesalers, retailers, traders, 
importers and exporters.  
 
(5) Trade returns across the border or a product for rework as approved by the dairy 
board inspectors  be facilitated by an Eswatini Revenue Authority official, Home Affairs official, 
the police and the any other relevant  inspector s from approved agencies  within a reasonable period 
of time.  
  
 
Dated stock.  
103. (1) A distributor, importer, processor, farmer, producer, manufacturer, trader, 
wholesaler, and retailer shall ensure that no “undated stock” is sent to stores.  
 
(2)  A retailer, sales representative, merchandiser or merchandiser supervisor shall not 
accept any “undated stoc k”. 
 
Products damaged by store.  
104. (1) A damaged product in the store shall be pointed out to the manager of the store or 
any person responsible, in particular where and when the problems occurred.  
 
(2) Steps to prevent similar future damage shall be im plemented and monitored with 
that store official.  
 
Plant faults.  
105. Plant faults shall be clearly indicated on all forms, that may include spoilages such as sour 
taste, blown, mould, dirty, short dated, leakers, no date or wrong date, over or under fill  labels and 
packaging.  
 
Cooling or equipment problems.  
106. (1) A damaged product shall be a responsibility of the product    holder at the time the 
damage occurs, the one who   under normal circumstances claim from the products ’ insurance .   
 
75 
 75 
 
(2) All stakeholders from top to bottom of the value chain shall be   responsible and 
maintain cold chain at all times.  
 
Returns collation.  
107. (1) Product returns shall be ordered on regular basis.  
 
(2) The field staff shall do a floor walk and check for damage s, expired, and factory 
fault products on a daily basis.  
 
(3) In the event damages and expired products are discovered, these shall be removed 
from the shelves.  
 
(4) Quality or factory fault products shall be removed from shelves and put in a 
separate pla ce and shall be quickly disposed.  
 
(5) The product code, description, expiry date, quantity and correct reasons for disposal 
shall be recorded.  
 
(6) The good stock returns shall not be mixed with ‘bad’ stock returns.  
 
(7) Fridge breakdown returns, rat eat en returns, store damages due to negligence shall 
not be taken back to the market but shall be disposed of using a disposal plan in place.  
 
(8) Field staff or agents shall manage stock control in store by taking proactive 
corrective action in good time to minimize returns.  
 
(9) Selling of expired products, or after best before or after sell by date products is 
prohibited.  
 
(10) The concerned parties shall have a plan in place to dispose expired products.  
Short dated products.  
 
108. (1) A short dated or markdown shelf life product shall be identified and not be 
overstocked.  
 
(2) When the industry stakeholders who include farmers, producers, processors, 
manufacturers, transporters, distributors, wholesalers, retailers, traders, importers and exporters 
discover a  faulty product in their line of business that product shall be removed immediately.  
 
(3) A batch number or expiry date shall be recorded to determine the cause of the defect 
of a product.  
 
(4) A sample of the defective product shall be returned to  the source or plant or 
laboratory so that the necessary tests can be conducted.  
 
(5) Upon receiving results from the laboratory or quality manager doing the test, 
written instructions shall be given to the concerned parties to remove a product from the t rade and 
the Board shall be informed.  
  
 
76 
 76 
(6) The concerned party shall check the batch number, where applicable, of the product 
in other areas to determine how widespread the problem is and give feedback to the quality 
manager responsible for the specific pr oduct, as well as to the Board.  
 
(7) Dairy industry stakeholders such as a sales representative or merchandising 
supervisor, shop, distributor, trader and merchandiser shall familiarize themselves with trade shelf 
life specification documents on standard shelf life to ensure proper stock rotation on shelves.  
 
(9) The necessary equipment shall be available for checking and maintaining the cold 
chain, including thermometers, temperature monitors in delivery trucks of outgoing and incoming 
products.  
 
(10) When complaints received on products exceed the norm, all the concerned 
stakeholders shall initiate investigations to determine if there is a quality problem with a total batch 
which may necessitate a product recall.  
 
(11) Donated products shall always be g ood quality products fit for human consumption.  
 
(12) All products returned from the trade due to quality problem appropriate manner.  
 
(13) Dairy industry stakeholders such as farmers, producers, processors, manufacturers, 
transporters, distributors, wholesalers, retailers, traders, importers and exporter take shall have 
insurance cover for all possible claims.  
 
 (14) All the relevant stakeho lders shall assist in cross border trade returns.  
 
 PART XXIII  
CONSUMER PROTECTION PLAN  
Applicability of plan.  
109. (1) This   part   applies to  any transaction in which dairy and a dairy related product is 
supplied or offered to be supplied, or where a p erson is exposed to any goods or services regardless 
whether any supply actually took place, as long as the consumer is a natural person or a juristic 
person.  
(2) A person who is exposed to marketing and consumption of a dairy product is 
considered a consu mer. 
(3) There need not be a direct relationship between the manufacturer or producer and 
the end user for application of this part.  
 
 
Discriminatory marketing.  
110. (1) These Regulations prohibit discriminatory marketing between consumers on any 
grounds such as race, gender, sexual orientation, religion.  
(2) Discrimination based on purely commercial reasons, such one based on milk 
distribution areas which is economically viable, shall be permitted.   
 
77 
 77 
(3)       Notwithstanding sub - regulation (2), extreme ca re shall be exercised not to 
discriminate between various small retailers who are considered consumers, these may include 
corner shops, spaza shops in the rural areas, urban and peri -urban areas.  
 
Inspection and delivery of goods.  
111. (1) A consumer has a right to inspect goods before accepting delivery or consumption, 
especially when  deliveries of perishable products such as milk and other dairy products are made 
by producers to small processors or to small retailers considered to be consu mers.  
(2) If the consumer is not permitted to inspect the products before accepting delivery, 
the consumer may reject the delivery and demand a full refund.  
(3)  Milk, dairy, dairy related products and dairy blends must be well labelled and 
displayed separ ately to avoid malpractice and confusion   
 
Labelling and marketing.  
112. (1) Where any direct marketing to consumers is undertaken, this shall be limited to the 
times and days permitted by the authorising officer, and the consumer shall be given an option  to 
either pre -emptively opt out from all or certain direct marketing, or to opt out from a specific 
supplier.  
    (2) A charge shall not be imposed to a consumer for either opting out or for responding to 
direct marketing with a request not to be contract ed again.  
 (3) Where promotional competitions are held, the rules of the promotion shall be 
strictly in support of the consumer and there shall be enough prizes or awards to satisfy the demand 
which results there from and only the actual cost of communicat ion may be charged to an entrant.  
 (4) The use of specific languages in documents, forms, and notices is not prescribed 
and where specific forms, notices and documents are prescribed then such shall be used but in all 
other cases where no prescribed format  exists, plain language shall be used such that it is 
reasonable to conclude that an ordinary consumer for whom the notice is intended could be 
expected to understand the content, significance and import thereof without undue effort.  
 (5) In the context of  dairy products, where  any statements as to the benefits of the 
product or special characteristics of the product are advertised or appear on labelling, great care 
shall be taken to ensure that consumers will understand the content, significance and import ance 
thereof.  
 (6) In so far as labelling, marketing, and  advertising are concerned, any 
misrepresentations to consumers, whether direct or indirect is prohibited, and where a supplier is 
aware that a consumer has a misapprehension as to any fact then it s hall be considered a deception 
not to put the consumer right and correct the misapprehension.  
 
 (7) No advantage shall be taken out of a consumer’s inability to look after that 
consumer’s own interests due to literacy, blindness, deafness, inability to un derstand a language, 
age and the like.  
(8)   All products shall be clearly labelled as a “Fresh Dairy Products”, “Fresh Milk”, 
“Reconstituted milk product”, “Recombined milk product”, or “Reconstituted dairy product” in 
line with the definitions set out in these Regulations, with this information appearing on the main 
panel in a letter size to be determined by the Board.   
 
78 
 78 
(9)  All imported milk and milk related products shall comply with the labelling 
requirements set out by the Board.  
 
Right to goods whic h are safe and of good quality.  
113. (1) There shall be a warrant of quality, right to safe and good quality goods and 
warnings concerning the fact and nature of risks associated with goods, safety monitoring and 
recall of products and liability for damage s. 
 (2) A Schedule on standards of testing procedures for milk and milk products shall be 
published by the Board annually or such periods as deemed necessary.  
 (3) A trader shall not distribute products that are in the last quarter of their useful life, 
such as the time between the production and expiry date.  
 
Liability for damages.  
114. (1) Liability for damages is not only in terms of these Regulations but also in existing 
common law liability and criminal law liability.  
    
 (2) The supplier may be charg ed for damages caused wholly or partly as a consequence 
of supplying unsafe goods, a product failure, defect or hazard in any goods, or inadequate 
instructions or warnings provided to the consumer pertaining to any hazard arising from or 
associated with th e use of any goods.  
 (3) Some of the causes from which claims could arise may include – 
(a) allergic reactions to ingredients in dairy products of which the consumer has not 
adequately been warned;  
  (b)  foreign objects in products;  
(c)   adulteration of products by melamine and other substances which causes harm 
to consumers; or   
(d)  food poisoning and other food safety related situations.  
 (4) It shall not be a defence to a claim by a consumer against a farmer, producer or 
import er, exporter, trader, wholesaler, distributor, processor and possibly a retailer for damages 
due to defective products or product failure for the seller, or anyone else in the supply chain, to 
show there was no negligence on their part or that liability wa s excluded or limited in terms of a 
term such as a warrantee.  
 (5) The only defences open to a person in the supply chain may include, scientific 
evidence that proves that -  
(a) the unsafe product characteristic, failure, defects or hazard that results in 
harm is wholly attributable to compliance with any public regulation; or  
(b) the alleged unsafe product characteristic, failure, defect or hazard - 
(i) did not exist in the goods at the time it was supplied by that person 
to another person alleged to be lia ble;  
(ii) was wholly attributable to compliance by that person with 
instructions provided by the person who supplied the goods to that 
person; or   
 
79 
 79 
(iii) it is unreasonable to expect the farmer, manufacturer, producer, 
wholesaler, retailer, importer, expor ter, trader or processor or 
distributor to have discovered the unsafe product characteristic,
 failure, defect or hazard, having regard to that person’s role 
in the goods to consumers.  
(6) To counter the no fault liability, a farmer, manufacturer, producer,  wholesaler, 
retailer, importer, exporter, trader or processor or distributor, shall have both administrative and 
laboratory systems to test products and keep accurate records.  
 
General information for protecting consumers.  
115. (1) A consumer has a right to receive goods that are, reasonably suitable for the 
purposes for which they are generally intended for, are of good quality, comply with any applicable 
standards, in good working order and free of any defects, will be useable and durable for a 
reasonable period of time.  
 
 (2) It shall be  irrelevant whether a product failure or defect was latent or patent or 
whether it could have been detected  by the consumer before taking delivery of the goods unless 
the consumer has been expres sly informed that particular goods were offered in a specific 
condition, and has expressly agreed to accept the goods in that condition.  
 (3) A consumer is entitled to dairy products which have the product characteristic as 
indicated on the packaging.  
 (4) A dairy product shall be safe and shall not contain any foreign object nor be 
produced using any undesirable additives or packed in material which would detract from its safety 
suitability.  
 (5) A product shall always comply with all agricultural product  standards, food 
labelling requirements, and compulsory specifications.  
 (6) Where a consumer states a requirement for a particular dairy product intended to 
be used as an ingredient, the product shall satisfy the requirement or else the consumer shall be  
refunded or the product replaced, in addition to any damages claimed.  
           (7)    The farmer, manufacturer, producer, wholesaler, retailer, importer, exporter, trader or 
processor or distributor and the retailer shall each warrant that the goods com ply with the 
requirements and standards contemplated above and that the retailer, cannot simply return the 
consumer back to the supplier when a situation arises.  
 (9) The person to whom the consumer takes back the product shall either replace or 
refund the price paid at the direction of the consumer.  
 (11) The role of the Board is to ensure that dairy producers and processors fulfil their 
obligations in supplying safe, good quality dairy and dairy related products.  
            (12) The Eswatini Dairy Bo ard and other relevant authorities shall have the power to 
investigate an industry which it considers to be under suspicion of carrying our prohibited conduct, 
such as adulteration of a product or unsafe or poor-quality  product.  
 (13)  The Board shall play  an important role in negotiating and contributing to the 
regulatory and developmental framework of the industry.  
 (14) In addition,  the Board shall play an important role in both the consumer and 
industry education.   
 
80 
 80 
 (15) The Board shall approve, accredi t, licence, control and regulate all dairy and dairy 
related training and education service providers, dairy feed companies and other dairy and dairy 
related input suppliers in Eswatini.  
 (16) The Board shall actively support and facilitate the promotion o f the production and 
consumption of good quality milk and milk products in the country  
 (17) Research and development projects shall be initiated and developed by the dairy 
industry stakeholders with the Board taking a leading role to improve the quality and safety of 
dairy products.  
 (18)  The Board shall address problems which arise in the industry to ensure a reduction in 
the consumer complaints and claims in respect of product quality and safety issues.  
 
PART XXIV  
DAIRY INDUSTRY PROMOTION AND CONTROL  
General levy.  
116. (1) The Minister may, on the recommendation of the Board and by Notice published 
in the Gazette, impose a dairy levy on farmers, processors, producers, importers, exporters, 
distributors, traders, or manufacturers, of dairy and dairy rel ated products which shall be used as 
provided by sub -regulation (3).  
(2) Such dairy levy shall be mandatory and be paid to the Board at such time, and in 
such manner as is specified in the notice.  
 (3) The Board may use the dairy levy for the purposes of m eeting the expenses of the 
board, support and improve the dairy industry in Eswatini.  
(4) The dairy levy shall be based on the total invoice value and /or total quantities of a 
dairy product imported into, including transiting or exported from or produced o r traded in 
Eswatini.  
(5) The Minister may review the dairy levy charged annually or on such shorter period 
as the Minister deems expedient.  
 
Special levy.  
117. (1) The Minister may , as a safeguard measure through a notice on the recommendation 
of the Boar d impose levies, tariffs whether specific or  in proportion to the estimated value of the 
goods or concerned transaction, licences, voluntary import and export restraints, promotion of 
local content requirements in the industry and quotas on farmers, proce ssors, producers, importers, 
exporters, distributors, traders, or manufacturers, of dairy and dairy related products which shall 
be used as provided in  sub -regulation  (3).  
(2) Sub-regulation (1) above may be imposed at such time, and in such manner as is  
specified in a notice.  
(3) Sub-regulation (1) and (2) may be imposed for the purpose of promoting domestic 
employment, promoting the dairy industry, protecting consumers and developing the country’s 
economy.  
 (4) Sub-regulation (2) may consider the durati on, impact and effects of the notice.   
 
81 
 81 
(5) The Minister may review the Notice annually or such shorter period as the Minister 
deems expedient to do so.  
(6) Special levy shall be in addition to the general levy  
 
Powers of the Board’s to charge for services.  
118.  The Board may impose a charge for the permits, licences, inspections, audits, penalties, 
fees and for any other services carried out for the industry stakeholders pursuant to the Act, the 
Regulations and the schedule of fees.  
 
 
PART XXV  
OFFENCES AND PENALTIES  
 
Offences related to registration.  
120. (1) A person who fails -  
(a) to apply for registration to be a farmer, producer, processor, distributor, 
importer, exporter, manufacturer, trader and service provider but conducts 
business as such;  
(b) to notify the board of a change in circumstances as required by these 
Regulations; or  
(c) to apply for cancellation of registration as required,  
commits an offence and shall be liable to  a fine not exceeding five (E5,000.00) Emalangeni.  
 
Offences related to permits of import, export, emergency, transit, invoices, declaration forms 
and licences.  
121. (1) A person who fails to provide a permit for import, export, emergency, transit or an 
invoice, declaration forms and licences  to the Board or relevant authorise d officer commits an 
offence and shall be liable  on conviction to a fine not exceeding three times the invoice value or 
to imprisonment for a term not exceeding three (3) years.  
(2) A person who provides a permit for import, export, emergency, transit or  an 
invoice, a declaration form or a licence  otherwise than as is provided for under these Regulations 
commits an offence and shall be liable on conviction to a fine not exceeding three times the invoice 
value or to imprisonment for a term not exceeding si x (6) years, or both.  
 
Failure to submit a permit.  
122. A person who fails to submit a permit or any other document under these Regulations 
within fifteen (15) days of being so required commits an offence and shall be liable  to a fine not 
exceeding three t imes the invoice value of the previous submitted permit or to a term of 
imprisonment not exceeding twelve (12) months.  
 
Failure to pay levy and other fees.   
 
82 
 82 
123. (1) A person who fails to pay a levy when due commits an offence and shall be liable  
to a fine not exceeding three times the invoice value or to imprisonment for a term not exceeding 
six (6) years, or both.  
(2) A person who fails to  pay for a permit and a licence fee when due commits an 
offence and is liable to a fine not less than three times the i nvoice value or to imprisonment for a 
term not exceeding three ( 3) years, or both.  
 
Smuggling of products.  
124. (1) A person who smuggles a dairy product commits an offence and shall be liable  to 
a fine not exceeding three times the invoice value of that p roduct or to imprisonment for a term 
not exceeding six (6) years, or both.  
(2) In addition to imposing a penalty, the goods smuggled shall be confiscated by the 
Board in collaboration with the Eswatini Revenue Authority.  
 
Failure to maintain proper records . 
125.  A person who, whether deliberate or reckless, fails to maintain proper records under these 
Regulations commits an offence and shall be liable on conviction to a fine not exceeding five 
percent (5%) of that person’s annual total revenue or to impris onment for a term not exceeding six 
(6) years, or both.  
 
Failure to provide reasonable assistance.  
126.  A person who fails to provide the Board or authorized officer with all reasonable assistance  
as required by these Regulations commits an offence and sh all be  liable to a fine not exceeding 
ten thousand Emalangeni (E10,000,00)  or  to imprisonment for a term not exceeding three (3) 
years, or both.  
 
Improper use of licence and permit numbers.  
127.  A person who knowingly uses a false licence and a permit number, including the licence 
and a permit number of another person, commits an offence and, shall be liable on conviction to a 
fine not exceeding three times the invoice value of that person’s corr ect previous permit or to 
imprisonment for a term not exceeding three (3) years, or both.  
 
False or misleading statements.  
128. (1) A person who –  
(a) makes a statement to an officer that is false or misleading; or  
(b) omits to give information in order to mislea d, 
commits an offence and is liable on conviction to, a fine not exceeding  fifteen thousand 
Emalangeni (E15 000,00) or to imprisonment for a term not exceeding three (3) years, or both.   
(2) It is a defence to an accused person to prove that the accused person did not know 
and could not reasonably be expected to have known that the statement to which the prosecution 
relates was false or misleading.   
 
83 
 83 
(3) A reference in this regulation to  a statement made to an officer is a reference to a 
statement made orally, in writing, or in any other form to that officer acting in the performance of 
duties under these Regulations and includes a statement made - 
(a) in an application, certificate, decla ration, notification, return, objection, 
permit, licence or other document made, prepared, given, filed, or
 furnished under this Act and regulations;  
(b) in information or in a document required  to be furnished under the Act and 
these Regulations;  
 (c) in answer to a question asked of a person by an officer; or  
(d) to another person with the knowledge or reasonable expectation that the 
statement would be conveyed to an authorised officer.  
 
Obstructing an officer of the Board.  
129. A person who obstructs the Board or an authorized officer in the performance of the Board 
or authorised officers’ duties under these Regulations commits an offence and is liable on 
conviction to a fine not exceeding twenty  thousand Emalangeni (E20,000.00)  or imprisonment 
for a term not exceeding four  (4) years, or both.  
 
Offences by officers.  
130. (1) An officer or any other person employed in carrying out the provisions of these 
Regulations who - 
(a) directly or indirectly asks for, or takes in connection  with any of the officer's 
duties, any payment or reward whatsoever, whether pecuniary or otherwise, 
or any promise or security for any such payment or reward, not being a 
payment or reward which the officer was lawfully entitled to receive;  
(b) enters in to or acquiesces in any agreement to or plots to  do any act whereby  
the Board is be  defrauded or which is contrary to the provisions of these 
Regulations or to the proper execution of the officer's duty; or  
(c) does not preserve secrecy with regard to all information or documents 
which may come to their knowledge in an official capacity in the 
performance of duties under these regulations,  
commits an offence and is liable to a fine of twenty thousand or to a term of imprisonment of four 
(4) years.  
 (2) Any person who -  
(a) directly or indirectly offers or gives to any officer payment or reward, 
whether pecuniary or otherwise, or any promise or security for such 
payment or reward; or  
(b) proposes or enters into any agreement with any officer in order to ind uce 
such officer to  do, or to abstain from doing, any  act or thing whereby the  
 
84 
 84 
Board is, which is contrary to the provisions of these Regulations or the 
proper execution of the duty of such officer,  
commits an offence and is on conviction, liable to a fine  not exceeding twenty thousand 
Emalangeni (E20,000.00) or to four years imprisonment.  
 
Schemes for obtaining undue benefit from the Board.  
131.  A person who sets up, assists, facilitates, or is involved directly or indirectly in a scheme 
for obtaining un due benefits from the Board commits an offence and is liable on conviction to fine   
 
85 
 85 
not exceeding twenty -five thousand Emalangeni (E25,000.00) or to imprisonment for a term not 
exceeding five ( 5) years or both.  
 
Compounding of offences.  
132.  The Board may at any time prior to the commencement of proceedings on certain offences 
under these Regulations, compound the offence and order the person to pay a specific sum of 
money not exceeding the amount of the fine prescribed for that offence.  
(2) The Board shall  only compound an offence if the person concerned admits in 
writing that that person committed the offence.  
(3) Where the Board compounds an offence, such order - 
(a) shall be in writing and specify the offence committed, the sum of money to 
be paid, and th e due date for the payment, and shall have attached the 
written admission of guilt;  
(b) shall be served on the person who committed the offence;  
(c) shall be final and not subject to any appeal; and  
(d) may be enforced in the same manner as an order of a court for the payment 
of the amount stated in the order.  
(4) Where the Board compounds an offence, the person concerned shall not be liable 
for prosecution in respect of that offence or to an additional fine.  
(5) If the concerned person does not pay the co mpounded amount within the time limit 
stated by the Board, the compounding shall be considered null and void and prosecution shall be 
carried into effect as well as imposition of additional fines.  
 
Failure to comply with product declarations.  
133. (1) A person who fails to comply with - - 
(a) declarations of products; or  
(b) the other relevant requirements of these Regulations,  
 commits an offence and is liable to a fine not exceeding three times the invoice value of the goods 
not declared or to imprisonmen t for a term not exceeding six (6) years, or both.  
(2) In addition to imposing a penalty the goods not declared will be confiscated by the 
Board in collaboration with the Eswatini Revenue Authority.  
 
Offences not specified in these Regulations.  
134. A pers on, who commits an offence under the Act or these Regulations other than all 
offences mentioned, is liable to a fine not fifteen thousand Emalangeni (E15, 000.00), exceeding  
 
86 
 86 
three times the invoice value or to imprisonment for a term not exceeding three ( 3) years, 
whichever is greater.  
 
Plan to dispose off confiscated products.  
135. Where an edible product is confiscated such product shall be donated to a chosen 
orphanage but if not, edible it may be auctioned by the Board in collaboration with the Eswatini 
Revenue Authority.  
 
 
 
PART XXVI  
GENERAL PROVISIONS  
 
Rules, orders, guidelines and schedules by the Chief Executive Officer of the Board.  
137.  The Chief Executive Officer may from time to time make rules, orders, Schedules and 
guidelines that will be in line with  these Regulations for the operation of the dairy industry.  
 
Savings.  
138. Save as where specifically provided in these Regulations, th ese Regulations shall prevail 
where any other regulations in relation to dairy products are in conflict or inconsistent with these 
Regulations.  
 
 
PART 27  
                                                      SCHEDULES  
 
This is  a collection of supplementary  material in an effort to achieve clarity and brevity in the 
main document i.e. the Regulations. For this reason,  these schedules are part of the main 
Regulations and therefore should be treated as such.  
 
   
Arrangement of Sections  
Schedule 1  -  Registration  
Schedule 2  - Management of food safety and suitability  
Schedule 3  - Structural requirement  
Schedule 4  - Operational hygiene  
Schedule 5  - Preparation and transport   
 
87 
 87 
Schedule 6  - Product standards  
Schedule 7  - Trade description  
Schedule 8  - Identification, tracing system, integrity and transfer  
Schedule 9  - Documentation  
Schedule 10  - Approved auditors  
Schedule 11  - Classes, Standards and Quality for Milk and Milk Standards  
Schedule 12  - Sampling and Method Analysis  
Schedule 13     -           Codex Alimentarius Dairy and Dairy Related Standards  
 
 
 
Schedule 1  
Registration  
 
1.  
Plans and specifications for application for registration  
(1) Plans and specifications of an establishment and equipment for use in operations to prepare 
milk and milk products at an establishment must:  
 (a)    Accompany the application for registration of the establishment; or  
 (b)    Be made available to the Board on request.  
(2) The plans and specifications must be sufficiently detailed to show whether the establishme nt 
and equipment would, if constructed in accordance with the plans and specifications, be suitable 
for the preparation (in accordance with the requirements of these Regulations) of the milk and milk 
products to be undertaken at the establishment.  
 
2.  
Plans for establishments  
(1) The plans must include:  
  (a)    A locality map showing the site; and  
 (b)    A site plan showing:  
 (i)    The layout of the entire premises; and  
 (ii)    Access roads and roads at the establishment; and  
 (iii)   The water supply;  and 
 (iv)   Storm water and waste water drainage; and  
 (v)    On site waste disposal (if any); and  
   (vi)    The amenities; and   
 
88 
 88 
 (vii)   All features of the site and its location that are relevant to whether the 
premises would comply with the applicable requirements of these Regulations; and  
(viii)     Adjoining sites including location of adjacent establishments; and  
(ix)    The no rth compass point; and  
 (x)    The scale used in the plan; and  
 (c)    A floor plan of all milk and milk product handling areas  (including laboratories)  
showing all permanent fixtures and the layout of equipment (other than implements and 
utensils); and  
(d)    A description of all equipment (other than implements and utensils) for use in the 
preparation of milk and milk products at the premises.  
 
(2) The specifications must show details of:  
(a)    Construction materials of the premises including fixtures;  and 
(b)    Construction materials of the equipment (other than implements and utensils) used in 
food handling areas; and  
 (c)    Surface finishes; and  
 (d)    Surfaces in contact with milk, milk products or ingredients; and  
 (e)    Essential services.  
 
(3). (a) Proposals for plans and specifications relevant to an alteration or addition to an 
establishment and equipment for use in operations to prepare milk and milk products at the 
establishment must:  
  (i)    Accompany the proposal for the alteration or addition; or  
(ii)    Be made available to the Board on request.  
(b)The plans and specifications must be sufficiently detailed to show whether the establishment 
and equipment would if altered or extended in accordance with the plans and specifications, be 
suitable for the preparation (in accordance with the requirements of these Regulations) of milk and 
milk products to be undertaken at the establishment.  
 
(4) The plans and specifications for an alteration or addition must contain such information 
specified  in clauses 2(1) and (2) of this Schedule as is relevant to the alteration or addition.  
(5)  Approval to prepare milk and milk products in an unregistered establishment. The intention 
of this Part is to facilitate the processing of small volumes of milk an d milk products from 
unregistered establishments for the purpose of testing the markets for new products while ensuring 
that fitness for human consumption is maintained.  
(6)  (a)A person who is or is to be the occupier may apply to the Board for approval t o prepare 
milk and milk products of the kind specified in the application as food in an unregistered 
establishment.  
(b)  The application must:  
(i)    Describe each process to be used in preparing the milk and milk products; and  
(ii) Identify the products t o which it is intended to be produced   
 
89 
 89 
(iii) Milk source.  
 
  (c) If the Board is satisfied that the applicant will comply with:  
 (i)    The requirements of these Regulations; and  
   (ii)    The applicable processing requirements;  
The Board may give the app licant approval to prepare at the unregistered establishment milk and 
milk products of the kind specified in the approval as products specified.  
(d) The approval takes effect:  
(i)    On the day specified in the approval as being the day it takes effect; or  
(ii)    If no such day is specified  — when written notice of the approval is given to 
the applicant.  
(e) The notice must specify:  
(i)    The period within which the unregistered establishment must operate, being a 
period of not more than 12 months after the day on which the approval is granted; 
and 
 (ii)    The number of the products prepared at the establishment; and  
 (iii)    The identification number assigned by the Board to the establishment.  
(iv) The unregistered establishment must apply for registra tion to be a registered 
establishment before the end of the 12-month  period given if they intend to continue 
after the lapse of their licence  
(7) No more than one approval may be 1 for milk and milk products prepared in the unregistered 
establishment being  milk and milk products of the kind specified in the application that are 
specified in the application.  
(8) If the Board decides not to give approval the Board must give the applicant written notice of:  
  (a)    The decision; and  
  (b)    The reasons for t he decision.  
 
3.  
Exemption from compliance with regulations  
(1) The Board may:  
(a)    specify in the approval given under subclause 6(c) of this Schedule that one or more 
of the requirements of the provisions of Schedule 2 specified in the approval do not  apply 
in relation to the establishment; and  
(b) By written notice vary or revoke the specification made under subsection 1 (a).  
(2) If the approval has effect the requirements specified in the notice do not apply in relation to 
the establishment.  
(3) The Board may:  
(a)    Give approval under subclause 6 (c) of this Schedule subject to conditions specified 
in the notice of approval; and   
 
90 
 90 
(b)    By written notice given to the person whom the approval is given impose new 
conditions or vary or revoke the condit ions.  
(4) The conditions must be for the purpose of ensuring that, in relation to the milk and milk 
products to which the approval relates there is compliance with one or more of the objectives 
specified.  
 
4.  
Revocation of approval  
(1)  The Board may, by written notice given to the person to whom the notice of the approval was 
given under subclause 6 (d) of this Schedule, revoke the approval if the Board has reasonable 
grounds to believe:  
(a)    A circumstance specified in section 29 (1) (a) to (f) of Sche dule 2 exists; or  
(b)    The person to whom the approval is given ceases to be the occupier of the 
establishment.  
(2) The revocation takes effect:  
(a)    On the day specified in the written notice of the revocation given as being the day it 
takes effect; o r 
(b)    If no such day is specified  — when the written notice of the revocation is given.  
 
 
5.  
Termination of approval  
(1) The occupier may terminate the approval by giving the Board written notice of the termination.  
(2) The termination takes effect:  
(a)    On the day specified in the written notice of the termination given as being the day 
it takes effect; or  
(b)    If no such day is specified  — 7 days after the notice is given to the Board.  
 
6.  
Effect of revocation or termination  
(1) On revocation o r termination:  
 (a)    The approval ceases to have effect; and  
 (b)    The requirements, that under subclause 3.2 do not apply in relation to the 
establishment, apply.   
 
91 
 91 
Schedule 2  
Management of food safety and suitability  
   
  
7.  
General requirements  
 (1) The commitment of the occupier to:  
 (a)    Compliance with the requirements of these Regulations and applicable country 
requirements; must be documented.  
 
(2) Minimum requirements for approved arrangements  
 An arrangement for the preparation of milk a nd milk products at an establishment that is required 
for the purposes of these Regulations must cover each step of the preparation of milk and milk 
products undertaken at the establishment and must:  
(a)    Contain a HACCP plan; and  
(b)    Document the con trols used to ensure that the applicable requirements of these 
Regulations (other than a requirement of Schedule 3) are complied with; and  
(c)    Identify the applicable importing or exporting country requirements and document 
the controls used to ensure c ompliance with these requirements; and  
(d)    Document any other measures necessary to ensure there is a sound basis for giving 
any permit, licence or issuing any government permit for milk and milk products prepared 
at the establishment.  
 
Subsection  1 (c) applies only to each importing or exporting country requirement for which 
compliance with these Regulations would not be sufficient to result in compliance with the 
importing or exporting country requirement.  
 
(3) HACCP plan  
(a)The HACCP plan must i dentify each of the steps in the preparation of the milk and milk 
products. A flow chart may be used.  
(b)For each step the HACCP plan must identify the potential hazards that may reasonably be 
expected to occur.  
(c)  The HACCP plan must identify the means of control of each potential hazard.  
 
(4) Despite subsection 3 hazards controlled by meeting the operational hygiene requirements of 
these Regulations need not be identified as part of the HACCP plan. Operational hygiene 
requirements referred to cleaning, pest controls, hazardous substances and the like must be 
included as part of the approved arrangement.  
(5) For  each significant hazard that is identified the HACCP plan must identify:   
 
92 
 92 
(a)   The critical control points; and  
(b)    The critical limits; and  
(c)    The procedures to be used to monitor the potential hazards to ensure compliance with 
each critical limit including:  
(i)    The frequency with which these procedures are to be performed; and  
(ii)   The people who are to carry out these procedures; and  
(d)    The corrective action to be taken if a critical limit is exceeded.  
(6)    The action that is referred to in paragraph 3.5 (d) includes:  
  (a)    Action to address the fact that the critical limit is exceeded; and  
(b)    Action to ensure that the ex ceeding of the critical limit is not repeated; and  
 (c)    An assessment of the effectiveness of the action taken.  
(7) The HACCP plan must identify procedures used to verify compliance with the HACCP plan 
and the frequency with which these procedures are t o be performed.  
(8) The HACCP plan must provide for records to be made and documents to be kept to demonstrate 
compliance with the HACCP plan and its effectiveness.  
 
 (8)  
Significant hazard  
A significant hazard  means a hazard that is of such a nature that its elimination, control or reduction 
to an acceptable level is essential to the production of safe food.  
 
(9) 
Management practices  
The management practices, organisational structure, provision of resources and  the provision of 
personnel and their competence (including knowledge, training, skills and experience) must:  
  (a)    Be documented; and  
  (b)    Be appropriate to ensure each of the following are met:  
   (i)    The applicable requirements of these Regula tions;  
   (ii)   The applicable importing or exporting country requirements.  
(10) 
Verification  
Whether the following are complied with must be frequently verified:  
  (a)    The applicable requirements of these Regulations; and  
 (b)    The importing or exporting county requirements identified in the approved 
arrangement.  
 
 
  
 
93 
 93 
(11) 
Written  record  
A written  record must be made of:  
(a)    The methods, procedures, tests, monitoring and other evaluations used to verify 
compliance; and  
 (b)    The results of the verification.  
 
(12) 
Corrective and preventative action  
(a) If a requirement of these Regulations or an importing or exporting country requirement 
identified in the approved arrangement is not complied with or is not likely to be complied 
with,  action  must be taken:  
(i)    To address the fact why the requirement is not complied with or is not likely 
to be complied with; and  
(ii)    To ensure that the failure to comply with the requirement , or the likelihood 
that it is not complied with, does not recur; and  
  b)    The effectiveness of the action taken must be assessed based on the set and approved 
operating standards  
(c) A written record must be made of the action referred to in subsection 1 (a) that is taken 
and the assessment of i ts effectiveness.  
 
(13) 
Internal audit and management review  
 (a) A written record must be made of:  
  (i)    The internal audits and managements reviews conducted every Twelve (12) Months 
or when necessary; and  
  (ii)    The results of the audits and revie ws. 
(b) For an establishment employing less than three people subclause 7.1 is taken to be satisfied if 
a management review is conducted.  
 
(14) 
Sampling and analysis  
(a)Sampling and the analysis of a sample made for the purposes of these Regulations must b e 
made in accordance with the method for sampling and analysis specified in these Regulations.  
(b)If a method of sampling and analysis is not specified in these Regulations the sampling and 
analysis must be made in accordance with:  
  (i)    An applicable m ethod specified in the regulations; or  
(ii)    An applicable method specified in a relevant standard published by any recognised 
or approved national, regional or international standard setting bodies such as E swatini 
Standards Authority ( ESA); or   
 
94 
 94 
(iii)    Any other validated science -based  method that is appropriate for the sample to be 
tested and that ensures the accuracy of the results obtained.  
 
(15)  
Notifiable diseases  
If: 
 (a)    The occupier is aware that the milk and milk products are derived from a cow that is 
affected by or is suspected of being affected or infected by a notifiable disease or disease; 
the occupier must notify a competent Veterinary official without dela y. 
 
(16)  
Requirement to retain documents  
(a)  Each document that is made by the occupier or that comes into the possession of the occupier; 
and is relevant to whether the occupier complies with:  
(i)    The requirements of the Act, these Regulations or the  occupier’s approved 
arrangement or a condition of that arrangement; and  
(ii)    The importing or exporting country requirements identified in the approved 
arrangement; must be retained for a period of not less than three years from the time 
the document i s made by the occupier or comes into the occupier’s possession (as 
the case may be).  
(b)         If an occupier, fails to comply with subclause 1 the occupier is guilty of an offence.  
 
(17)  
Application for approval  
 (a)  The arrangement for which approval  is sought must:  
   (i)    Accompany the application; and  
 (ii)    Be made available for evaluation by the Board.  
 
(18)  
Assessment of application and Board’s decision  
(a)For the purposes of assessing the application the Board must:  
  (i)    Evaluate the arrangement in a desk audit; and  
(ii)    Conduct an inspection of the establishment, facilities, equipment and services to be 
used in the operations.  
(b) The Board may in order to consider the application request of any of the following that the 
Board reas onably requires:  
 (i)    Further information or documents of the kind specified by the Board;  
   (ii)    A demonstration of the operations and procedures to be followed;   
 
95 
 95 
(iii)    The applicant’s consent to the use (at the applicant’s expense) of an appropr iately 
qualified person nominated by the Board in any inspection, evaluation or demonstration.  
 
(19)  
When the Board is taken to have refused the application  
(a)         If the Board has not made a decision on whether to approve the arrangement within 60 
days after the day the application is received (not including any period between the Board making 
a written request under section 19(b) and the applicant meeting the request) the Board is taken to 
have refused the application.  
(b) Subject to 20 (a) the  Boar d may write a letter stating the grounds of refusal and a corrective 
action which the applicant can do so the application can be successful.  
 
(20)  
When the Board may approve the arrangement  
(a) The Board may by written notice given to the applicant appro ve the arrangement if the Board 
is satisfied that the arrangement complies with subsection 2 of this Schedule; and compliance with 
the controls specified in the arrangement will ensure that:  
 (i)    The requirements of these Regulations will be complied wi th at the applicant’s 
establishment; and  
(ii)    The applicable importing or exporting country requirements will be complied 
with at the establishment; and  
(iii)    There is a sound basis for giving any permit and issuing any government 
permit for milk and  milk products prepared at the establishment  
   (b) The approval takes effect on the day specified in the approval as being the day it takes 
effect; or if no such day is specified  — when written notice of the approval is given to the applicant.  
 
(21)  
Notice of decision not to approve an arrangement  
(a)  If the Board decides not to approve an arrangement, the Board must give the applicant written 
notice of the decision.  
(b) The notice must set out:  
  (i)    The reasons for the decision; and  
  (ii)    The applicant’s right to apply for reconsideration of the decision within a reasonable 
period of time.  
(22)  
Approved arrangement may be subject to conditions  
(a) The Board may Approve an arrangement subject to conditions specified in the notice of 
approval;  and by written notice given to the occupier impose new conditions or vary or revoke the 
conditions.  
(b) The conditions must be for the purpose of ensuring that the matters specified or requested 
above is or are complied with.   
 
96 
 96 
(c) If there is a failure to comply with the arrangement or its conditions the Board may suspend or 
revoke the arrangement. A failure to comply may preclude the issue of any permit, or the issue of 
a government permit.  
  
(23) 
 Variation of approved arrangement  
(a)  A record in writing  must be made in writing of each variation of an approved arrangement.  
(b)   If an occupier, who must ensure the applicable requirements of this Schedule are complied 
with, fails to comply with subclause 1 the occupier is guilty of an offence.  
 
(24)  
Varia tions requiring notification and approval before implementation  
(a)A proposed variation (or a proposed variation in combination with other variations) to an 
arrangement that has the potential to adversely affect:  
(i)   The likelihood of compliance with the  requirements of these Regulations or an 
applicable importing or exporting country requirement; or  
(ii)    The fitness for human consumption or integrity of milk and milk products at the 
establishment; or  
  (iii)    An accurate assessment being made as to whether: There is compliance with 
requirements of these Regulations or an applicable importing or exporting country requirement; 
or milk and milk products at the establishment are fit for human consumption and their integrity 
is assured; must not be implem ented unless:  
(b)    The occupier makes a written application to the Board for approval to vary the 
arrangement; and  
(c)   The Board gives the occupier a written notice approving the variation.    Variations 
need to be recorded. Variations  not covered by clause 18 are to be considered for approval 
by the auditor at the time of audit.  
(d)  A proposed variation of a provision of an approved arrangement (or a proposed variation in 
combination with other variations) that identifies  a person who  may:  
(i)    Make a declaration  
(ii)    Complies or  
(iii)    Manufacture or possess an official marking device or manufacture, possess, 
apply, alter or interfere with an official mark or apply a resemblance; or  
 (b)    Relates to any of the following:  
 (i)    An alternative, procedure, standard or other requirement referred to these 
Regulations;  
   (ii)    A control referred to these Regulations;  
(iii)   An alternative requirement or control referred to in these Regulations;  
 (iv) Compliance procedures mus t not be implemented unless:  
(c)    The occupier makes a written application to the Board for approval to vary the 
arrangement; and   
 
97 
 97 
  (d)    The Board gives the occupier a written notice approving the variation.  
(3) If an occupier, who must ensure the applicable requirements of this Schedule are complied 
with, fails to comply with subsection 26 (1) (2) the occupier is guilty of an offence.  
 
(25)  
Variations required by the Board  
(1) The Board may give the occupier a written notice requiring the occupier to submit a variation 
of an approved arrangement if:  
(a)    Circumstances relating to the preparation of milk and milk products at the 
establishment change; or  
(b)    the Board is not satisfied that compliance with the  controls specified in the approved 
arrangement for the preparation of milk and milk products ensures that the matters 
specified in these regulations are complied with; or  
(c)    An applicable importing or exporting country authority requirement changes.  
(2)  The notice must:  
(a)   Specify the variation required; and  
(b)    Specify the period within which the variation must be submitted to the Board.  
(3)  The Board may give the occupier a notice approving the variation submitted.  
(4)  An occupier who is giv en a notice must not fail to submit the variation specified in the notice 
within the period specified.  
 
(26) 
 When an arrangement includes a variation  
(a) An approved arrangement includes a variation to the arrangement.  
(b)  If a variation is of a kind ref erred to in subclauses 26,27 of this Schedule, then the approved 
arrangement includes the variation only when the Board gives a notice approving the variation in 
accordance with paragraphs 26(1) (e) or 26.2 (d) or subclause 27.3 (as the case may be).  
 
27. 
 Suspension and revocation  
Grounds for suspension or revocation  
(1) The Board may give the occupier written notice suspending or revoking the approval of an 
arrangement if the registration of the establishment is revoked or the Board has reasonable grounds  
to believe that:  
(a)  A requirement of any of the following is not complied by the occupier:  
   (i)  These Regulations;  
 (ii) The occupier’s approved arrangement or a condition of that arrangement 
(including an importing or exporting country requirement i dentified in that 
arrangement); or   
 
98 
 98 
(b)    Compliance with the controls specified in the approved arrangement is unreliable or 
not effective in ensuring that the matters specified in subparagraphs (22) (1) (b) (i), (22) 
(1) (b) (ii) or (22) (1) (b) (iii) of  this Schedule are met; or  
(c)    The occupier has, in an application or other document given to the Board or in a 
document or information that must under a requirement these Regulations or the occupier’s 
approved arrangement or a condition of that arrange ment be made or given, made a 
statement:  
 (i)    that is false, misleading, or incomplete; or  
   (ii)    For which there is no sound basis for making the statement; or  
  (d)    The occupier fails to provide the assistance needed; or  
 (e)    the occupier fa ils to make available to an authorized officer a document that, under 
a requirement of these Regulations or the occupier’s approved arrangement or a condition 
of that arrangement, the occupier is required to retain; or  
(f)    A person designated in the app roved arrangement as a person who may make a 
declaration referred to in Schedule 8 or Schedule 9 is not, or ceases to be, a fit and proper 
person.  
(2)  The suspension or revocation of the approval of the arrangement may be:  
(a)    In full; or  
  (b)    In part, in respect of:  
(i)    One or more of the kinds of milk and milk products prepared at the 
establishment; or  
(ii)    One or more of the stages of preparation of the milk and milk products.  
(3)  The suspension or revocation takes effect:  
(a)    on the d ay specified in the written notice given under subclause 29 as being the day 
it takes effect; or  
(b)    If no such day is specified  — when the written notice is given to the applicant.  
 
28.  
Notice of suspension or revocation  
(1)  If the Board suspends or revokes the approval of an arrangement, the Board must give the 
occupier written notice of:  
(a)   The reason for the suspension or revocation; and  
(b)    The occupier’s right to apply for reconsideration of the decision to suspend or revoke; 
and 
(c)    If the approval is suspended  — the period of the suspension.  
(2)         A period of suspension must not exceed 12 months and may be extended only if the total 
period does not exceed 12 months.  
 
 
  
 
99 
 99 
29.  
Revocation of suspended arrangement  
(a) The Board may revoke an approval of an arrangement that is suspended despite the fact that 
the period of suspension has not expired.  
(b) The Board may revoke an arrangement that is suspended on grounds that are the same as or 
similar to the grounds for th e suspension.  
 
30.  
Termination  
(a) An occupier may terminate the occupier’s approved arrangement:  
(i)    In full; or  
  (ii)    In part, in respect of:  
(i)    One or more of the milk and milk products prepared at the establishment; or  
(ii)    One or more o f the stages of preparation of the milk and milk products; by 
giving the Board written notice of the termination.  
(b) The termination takes effect:  
 (i)    On the day specified in the written notice of the termination given as being the day it 
takes effect ; or 
(ii)    If no such day is specified  — 7 days after the notice is given to the Board.  
Board may require the occupier to take action  
(c)  If the approval of an arrangement (or part of an arrangement) at an establishment:  
  (i)    is suspended or revoked; or  
 (ii)    Is terminated; the Board may, by giving the occupier a notice, require the occupier 
to take action within the period specified in the notice in respect of any of the following:  
   (iii)    Any official marks held by the occupier;  
 (iv)    Any permits or government permits issued or given for milk and milk products 
prepared by the occupier; and  
   (v)    Any milk and milk products at the occupier’s establishment.  
(d)  The action referred to above must be action to ensure compliance with one of more of the 
objectives as they apply in relation to the occupier.  
(e)  The notice must state that a failure to take the action specified within the time specified is an 
offence as specified in this Schedule.  
(f)  An authorized officer may amend or r evoke the notice by giving a further written notice to the 
person to whom the notice is given.  
 
31.  
Occupier must comply with notice  
(a) An occupier who is given a notice under section 31(3) of this Schedule must take the action 
specified in the notice wi thin the period specified.   
 
100 
 100 
 
32.  
When an approved arrangement ceases to have effect  
(a)  An approval of an arrangement (or a part of an arrangement) ceases to have effect if the 
approval of the arrangement (or that part of the arrangement) is revoked or terminated.  
(b) An approval of an arrangement ceases to have effect if the person to whom the Board, under 
clause 14 of this Schedule, gave the approval of the arrangement ceases to be the occupier.  
(c)  An approval of an arrangement (or a part of an arrangement) ceases to have effect for the 
period of its suspension.  
   
 
101 
 101 
Schedule 3   
 Structura l requirement  
 
  
33.  
General requirements  
Premises, equipment and vehicles  
34.  
Provision of facilities and equipment  
(1)  Establishments must have the premises, facilities, equipment and vehicles that are necessary 
to ensure the preparation of milk and milk products as food is conducted in accordance with the 
requirements of these Regulations.  
 
35.  
Construction of premises  
(1) The premises and their construction must:  
 (a)    Facilitate the preparation of milk and milk products that are fit for human consumption; and  
 (b)    Be fit for the purpose for which they are used; and  
 (c)    Have sufficient capacity for the maximum quantity of milk and milk products prepared at 
the premises at any one time; and  
 (d)    Permit the premises to be effectively cleaned and, if necessary, sanitised if there is a risk 
they may cause contamina tion of milk and milk products; and  
 (e)    Permit the premises to be effectively accessed, inspected and monitored; and  
 (f)    Not permit the harbourage of pests; and  
 (g)   To the extent that is practicable:  
 (i)    Exclude dirt, dust, fumes, smoke and other contaminants; and  
 (ii)    Not permit the entry of pests; and  
 (iii)   Minimise the accumulation of contaminating substances.  
 
36.  
Construction must comply with plans and specifications  
(1) The construction of the premises and equipment must, in the case of registered establishments, 
comply with the plans and specifications in relation to which the Board registers the establishment.  
(2) Alterations or additions for which a proposal is requir ed must comply with the plans and 
specifications in relation to which approval for the proposal is given.  
 
  
 
102 
 102 
37.  
Immediate surrounds  
(1) Areas immediately surrounding buildings, roads and other areas serving premises used to 
prepare milk and milk products must:  
(a)   be paved, graded, landscaped or otherwise treated so as to minimise the risk of dust, 
pests or contaminants entering food handling areas; and  
 (b)    Be adequately drained.  
 
38.  
Floors  
(1)  Floors must be constructed in a way that is appropria te for the preparation of milk and milk 
products at the premises.  
(2)  Floors (including stairs, platforms and the like) in food handling areas, areas used for cleaning 
and sanitising and areas for personal hygiene must:  
(a)    be able to be effectively cl eaned and, if necessary, sanitised if there is a risk they may 
cause contamination of milk and milk products; and  
(b)    Be smooth and impervious; and  
(c)    Allow for adequate drainage; and  
(d)    Not permit the harbourage of pests; and  
(e)    To the exte nt that is practicable:  
(i)    Exclude dirt, dust, fumes, smoke and other contaminants; and  
(ii)    Not permit the entry of pests; and  
(iii)   Minimise the accumulation of contaminating substances.  
(3) Subclause 5.2 does not apply to areas for cleaning vehicles.  
(4) The floors of areas for cleaning vehicles must:  
  (a)    Be able to be effectively cleaned; and  
 (b)    Have impervious surfaces; and  
 (c)    Be drained.  
 
39.  
Walls and ceilings  
(1) Walls a nd ceilings must:  
(a)   Be provided where they are necessary to protect milk and milk products and their 
ingredients from contamination; and  
(b)    Be constructed in a way that is appropriate for the activities conducted at the premises.  
(2) Walls and ceil ings in food handling areas and in areas used for cleaning and sanitising and for 
personal hygiene must:   
 
103 
 103 
(a)    be able to be effectively cleaned and, if necessary, sanitised if there is a risk they may 
cause contamination of milk and milk products; and  
(b)    Be smooth and impervious; and  
 (c)    to the extent that is practicable:  
   (i)    Exclude dirt, dust, fumes, smoke and other contaminants; and  
 (ii)    Not permit the entry of pests; and  
(iii)    Minimise the accumulation of contaminating substances (including 
condensation).  
(3)  Subsection 2 does not apply to areas for cleaning vehicles.  
(4)  The walls and ceilings of areas for cleaning vehicles must:  
  (a)    Be able to be effectively cleaned; and  
(b)    Have impervious surfaces.  
 
40.  
Fixtures, fit tings and equipment  — general requirement  
(1) The fixtures, fittings and equipment (including in refrigeration chambers and storage areas) 
must:  
 (a)    Facilitate the preparation of milk and milk products that are fit for human consumption; and  
 (b)    Be fit for the purpose for which they are used; and  
 (c)    Have sufficient capacity for the maximum quantity of milk and milk products prepared at 
any one time using the fixtures, fittings and equipment concerned.  
 
41.  
Construction of fixtures, fittings an d equipment  
(1)  The fixtures, fittings and equipment must be constructed so that:  
  (a)    They do not cause contamination of milk and milk products; and  
  (b)    They are able to be easily and effectively cleaned and, if necessary, sanitised 
if there is a risk, they may cause contamination of milk and milk products; and  
(c)    Adjacent floors, walls, ceilings and other surfaces are able to be easily and effe ctively 
cleaned; and  
 (d)    They can be effectively accessed, inspected and monitored; and  
  (e)    To the extent practicable they:  
 (i)    Exclude dirt, dust, fumes, smoke and other contaminants; and  
(ii)    Do not permit the entry or harbourage of pests; and  
   (iii)   Minimise the accumulation of contaminating substances.  
(42)  
Food contact surfaces  
Food contact surfaces of fixtures, fittings and equipment must:   
 
104 
 104 
(a)    be able to be easily and effectively cleaned and, if necessary sanitised, if the re is a 
risk, they may cause contamination of milk and milk products; and  
 (b)    Be smooth and impervious; and  
(c) Be constructed of materials that do not contaminate milk and milk products.  
(d) Equipment includes implements but does not include vehicles used to transport milk 
and milk products,   
(e)However equipment does include things used to handle and load milk and milk products 
during transport.  
 
43.  
Food carrying compartments, container system units and vehicles  
(1) Container system units and the food carrying compartments of vehicles used to transport milk 
and milk products must be designed and constructed:  
(a)    To protect the milk and milk products if there is a likelihood of their being 
contaminated during trans port; and  
(b)    So that they are able to be effectively cleaned.  
(2)      Food contact surfaces of:  
 (a)    The container system units; and  
 (b)    The food carrying compartments; must be constructed so that they are able to be 
effectively cleaned and, if  necessary, sanitised.  
(3) The container system units and the food carrying compartments must be effectively insulated, 
constructed and equipped to maintain the milk and milk products at the temperatures required.  
(4)  The food carrying compartment need no t comply with subclauses 9.1 or 9.3 if the milk and 
milk products are transported in a container system unit that meets the requirements of subclause 
9.1 or 9.3 (as the case may be).  
 
44.  
Measuring devices  
(1)  Measuring instruments that are relevant to whether the requirements of these Regulations are 
complied with must:  
(a)    Enable measurements to be accurately calculated using standard units of 
measurement; and  
(b)    Meet levels of tolerance that are appro priate to the measurements taken; and  
(c)    Be able to be easily read.  
(2)   Temperature measuring devices must be able to measure the temperature of milk and milk 
products to an accuracy of +/ -1°C. 
(3)  Refrigeration chambers and other equipment used  for controlling the temperature of milk and 
milk products must have a readily accessible temperature measuring device.  
 
  
 
105 
 105 
45.  
Storage facilities for items other than milk and milk products  
(1)  The premises must have adequate facilities for the storage of ite ms that could contaminate 
milk and milk products, including chemicals, clothing and personal belongings.  
(2)  The facilities must be located where there is no risk of stored items contaminating milk and 
milk products.  
 
46.  
Cleaning and sanitising premises  and equipment  
(1)  The premises must have appropriate facilities for cleaning and sanitising premises and 
equipment.  
(2)  Facilities for cleaning and sanitising equipment in contact with milk and milk products must 
be located where they can be readily acc essed by food handlers engaged in activities that require 
the cleaning and sanitising of the equipment.  
 
47.  
Hand washing facilities  
(1) The premises must have hand washing facilities.  
(2) The hand washing facilities must be located in or adjacent to area s where food handlers work 
if there is a risk that their hands could be a source of contamination of milk, milk products or 
ingredients.  
(3)  The hand washing facilities must:  
(a)  Have an adequate supply of warm, or hot and cold potable water over a sink;  and 
(b)  Have a suitable hand sanitisin g preparation; and  
(c)    Have suitable and sufficient hygienic means of drying hands; and  
(d)   Be clearly designated for the sole purpose of washing hands, arms and face.  
 
48.  
Amenities  
(1)  The premises must have adequate and conveniently located amenities for the use of food 
handlers.  
(2)  The amenities must:  
(a)    Be physically separated from food handling areas and must not open directly onto 
these areas; and  
  (b)    Be well lit and ven tilated; and  
  (c)    Not be a source of contamination of milk and milk products.  
(3)  Hand washing facilities must be provided in or adjacent to toilets.  
(4)  The hand washing facilities must have:   
 
106 
 106 
(a)    An adequate supply of warm, or hot and cold potable water over a sink; and  
(b)    A suitable hand sanitising preparation; and  
(c)   Suitable and sufficient hygienic means of drying hands.  
 
49.  
Essential services  
The premises must have the essential services that are necessary to ensure the preparat ion of milk 
and milk products that are fit for human consumption.  
 
50.  
Effluent and waste  
(1) The premises must have a sewerage and waste system that:  
(a)    Effectively disposes of and, if necessary, treats all sewage and waste, including during 
peak loa d; and  
(b)    Prevents the sewage or waste polluting the establishment’s water supply or 
contaminating milk and milk products; and  
 (c)    Ensures that discharge:  
                          (i)    Is contained; and  
                         (ii)    Is directed to the drainage system.  
51.  
Facilities for storage of waste and inedible material  
(1) The premises must have facilities for the separation and storage of waste and inedible material 
prior to its removal from the premises that adequately contain t he volume and type of waste and 
inedible material on the premises.  
(2)  The facilities and containers used for the waste and inedible material must:  
  (a)    Prevent access to waste or inedible material by pests; and  
 (b)   Prevent the waste or inedible ma terial polluting the water supply or contaminating 
milk and milk products; and  
(c)    Be clearly identified as for use for storage of waste and inedible material.  
 
52.  
Lighting  
(1) The premises must have a lighting system that provides sufficient natural or artificial light for 
the activities conducted for and in relation to the preparation of milk and milk products at the 
premises.  
(2)  The lighting system must not be a source of contamination. This  would require for example 
that light bulbs and lighting fixtures suspended over milk and milk products be protected.  
  
 
107 
 107 
 
53.  
Ventilation  
(1) The premises must have adequate ventilation (natural or mechanical):  
(a)    To effectively minimise the risk of airborne contamination (such as steam, smoke 
and condensation) of milk and milk products; and  
 (b)    Where appropriate, to control ambient temperature.  
 
54.  
Water supply  
(1) The premises must have a supply of potable water that is available for use at a volume, pressure 
and temperature that is adequate  for the purposes for which the water is used.  
(2)  Potable and non-potable  water must be supplied in separate lines (including outlets) that are 
readily identifiable as being for use for potable or non-potable  water (as the case may be).  
(3)  Re-circulated water must have a separate distribution system which can be readily identified.  
   
 
108 
 108 
Schedule 4   
Operational hygiene  
    
55.  
Hygiene control program  
(1)  A program of operational controls for the hygienic preparation of milk and milk products mus t 
be documented and in place at premises used to prepare milk and milk products for export as food.  
 
56.  
Standard of cleanliness  
(1)  The premises must be maintained to a standard of cleanliness where there is no accumulation 
of: 
 (a)    Garbage, except in garbage containers; or  
 (b)    Recycled matter, except in recycling containers; or  
 (c)    Food waste; or  
 (d)    Dirt; or  
 (e)    Grease; or  
 (f)    Other visible matter that could contaminate milk and milk products.  
(2)  Equipm ent used for the preparation of milk and milk products must be maintained to a standard 
of cleanliness where there is no accumulation of:  
 (a)    Food waste; or  
 (b)    Dirt; or  
 (c)    Grease; or  
 (d)    Other visible matter that could contaminate milk and milk products.  
 
57.  
Requirement to clean and maintain  
(1)  The following must be cleaned and sanitised whenever it is necessary to do so to prevent the 
contamination of milk and milk products:  
 (a)   Floors, walls, ceilings, other fixtures and fittings in the following areas:  
 (i)    Food handling areas;  
 (ii)   Areas used for cleaning and sanitising equipment, vehicles and protective 
clothing;  
   (iii)   Personal hygiene amenities; and  
 (b)    Equipment and food contact surfaces.   
 
109 
 109 
(2)  Section 57 (1) does not apply to a single -use item that is disposed of after use or when 
contaminated.  
(3)  The surrounds of premises used to prepare milk and milk products must be cleaned to the 
extent nec essary to ensure the surrounds are not a source of contamination of milk and milk 
products.  
(4)   The premises and equipment must be maintained in a good state of repair and working order 
to the extent necessary to facilitate the hygienic preparation of mi lk and milk products.  
 
58.  
Vehicles, container system units etc  
(1)  The following must be cleaned and sanitised whenever it is necessary to do so to prevent the 
contamination of milk and milk products:  
(a)    Container system units, food carrying compart ments and vehicles used to transport 
milk and milk; and  
(b)    Equipment used to handle milk and milk products during loading and transport.  
(2)  The following must be maintained in a good state of repair and working order to the extent 
necessary to ensure  the fitness for human consumption of milk and milk products is not adversely 
affected during transport:  
(a)    Container system units, food carrying compartments and vehicles used to transport 
the milk and milk products; and  
(b)    Equipment used to hand le the milk and milk products during loading and transport.  
 
59.  
Environmental contamination  
(1) Effective measures must be taken to ensure milk and milk products are not contaminated by 
environmental contamination (including air borne or water borne cont amination).  
 
60.  
Exclusion of animals  
(1)  Live animals must not be permitted to enter premises used for the preparation of milk and milk 
products.  
(2)  Subclause 1 does not apply to:  
 (a)    The entry of a guard dog in the perimeter area; and  
 (b)    The entry of an assistance animal in any area; provided the area is not used as a food 
handling area or for cleaning and sanitising equipment or for personal hygiene.  
 
61.  
Pests  
(1) To the extent practicable, the entry of pests into premises and e quipment used for the 
preparation of milk and milk products must be prevented.   
 
110 
 110 
(2) The harbourage of pests in the premises and equipment must be prevented.  
 
62. 
 Hazardous substances  
(1)  Hazardous substances must:  
 (a)    Not contaminate milk and milk products; and  
 (b)    Be stored in containers that:  
 (i)    Are labelled with the name of the substance and a warning about its toxicity and use; and  
 (ii)    Are not used for any purpose other than the storage of haza rdous substances.  
 
63.  
Use and storage of substances which could cause contamination  
Except when necessary for hygienic or preparation purposes, substances which could contaminate 
milk and milk products must not be used or stored in food handling areas.  
 
64.  
Hygiene controls for processing  
(1)  Effective measures must be taken to:  
(a)    Prevent the contamination of milk and milk products and their ingredients by anything  
or activity; and  
(b)    minimise the growth in milk and milk products and their ingr edients of pathogens 
that could adversely affect the fitness for human consumption of the milk and milk products 
given the conditions under which they are to be stored, handled and transported; and  
(c)    Ensure that the fitness for human consumption of mi lk and milk products and their 
ingredients  is not otherwise adversely affected.  
Section 64 (a) requires for example that milk, milk products and ingredients not be contaminated 
by: 
(i)   Procedures for the preparation of milk and milk products; or  
(ii)   Cleaning, sanitising or maintenance activities; or  
(iii)  Handling or use etc of equipment, ingredients or packaging materials.  
Paragraph 64 (a) also requires for example that milk, milk products and ingredients not be cross 
contaminated by animal food or b y milk and milk products that are unfit for human consumption.  
(2)         Without limiting the generality of subclause 10.1 effective measures must be taken to 
prevent milk and milk products that are not ready for human consumption contaminating milk and 
milk products that are ready for human consumption.  
 
 
  
 
111 
 111 
65.  
Calibration of measuring instruments  
Measuring instruments that are relevant to whether the requirements of these Regulations are 
complied with must be accurately calibrated.  
 
66.  
Refrigeration chambers  
The approved arrangement must validate that refrigeration chambers achieve the applicable 
temperature controls required under these Regulations for chilling, freezing, maintaining, thawing 
and tempering milk and milk products, taking account of th e maximum quantity of milk and milk 
products to be chilled, frozen, maintained, thawed or tempered at any one time using the chamber.  
 
67.  
Ingredients  
Ingredients for milk and milk products must:  
 (a)    Be fit for the purpose for which they are used; and  
(b)    Be labelled, stored and handled in a way that ensures their identity can be ascertained.  
 
68.  
Water must be potable  
All water (including reused water, recirculated water and ice) used at premises used to prepare 
milk and milk products must be pota ble unless:  
(a)    the water is only used in circumstances where there is no risk of the water coming 
into contact with or contaminating milk and milk products; and  
(b)    The approved arrangement expressly provides for the use of the non -potable water 
in the circumstances in which it is used.  
 
69.  
Microbial limits  
(1)  Water required under these Regulations to be potable must not contain any Escherichia coli  
per 100 millilitres.  
(2)  The analysis of water for the purpose of verifying whether the subclause  15.1 is complied with 
must be performed by an accredited   laboratory by the board to perform the analysis. Or     the 
Board may give the occupier a notice enabling the use of another laboratory to perform the 
examination.  
 
70.  
The supply of potable and non-potable water  
(1) The reticulation system must prevent the back siphonage of used or contaminated water.   
 
112 
 112 
(2) Non-potable water reticulation systems for an establishment must not contaminate the potable 
water reticulation systems for the establishment.  
 
71.  
Steam  
Steam used in contact with milk and milk products or food contact surfaces must be free from 
substances which may:  
(a)    Be hazardous to health; or  
 b)    Contaminate milk and milk products.  
72.  
Compressed air and other processing gas  
Compressed air and other processing gas that come into contact with milk and milk products or 
food contact surfaces must be free from substances which may:  
  (a)    Be hazardous to health; or  
  (b)    Contaminate milk and milk products.  
73. 
 Personal hygie ne and health requirements  
In this Division food handling area  means an area (including a refrigeration chamber or storage 
area) used for exposed milk and milk products or their ingredients.  
74.  
Food borne diseases  
(1) A person known or suspected to be su ffering from, or to be a carrier of a disease likely to be 
transmitted through food must not work in any food handling area in any capacity in which there 
is any risk of such a person directly or indirectly contaminating milk and milk products with 
pathoge ns. 
(2)  If a person:  
(a)    Is known or suspected to be suffering from, or to be a carrier of a disease likely to be 
transmitted through food; and  
(b)    is at, or suspects that the disease may have resulted in the contamination of milk and 
milk products at, an establishment engaged in the preparation of milk and milk products; 
the person must immediately report their disease to a person who is in charge of the 
operations at the establishment.  
 
75.  
Conditions  
(1)  A person who has a condition and who hand les milk and milk products must take all practical 
measures to prevent the condition resulting in contamination of milk and milk products.  
(2)  Coverings used for conditions must:  
(a)   Be effective in preventing contamination of milk and milk products; an d  
 
113 
 113 
 b)    Be waterproof, firmly secured and conspicuous in colour.  
 
76.  
Personal cleanliness  
(1)  A person in a food handling area must:  
(a)    take all practicable measures to ensure his or her body, anything from his or her body 
and anything he or she is  wearing does not contaminate milk, milk products or food contact 
surfaces; and  
(b)    Take all practicable measures to prevent unnecessary contact with milk and milk products; 
and 
 (c)    Ensure his or her outer clothing is of a level of cleanliness that is appropriate for the handling 
of milk and milk products that is being conducted.  
(2) A person in a food handling area must not engage in:  
(a)    behaviour which could result in contamination of milk and milk products, such as 
eating, smoking, chewing, sp itting, sneezing or coughing over unprotected milk and milk 
products or food contact surfaces; or  
(b)  Any other behaviour likely to adversely affect the fitness for human consumption of 
milk and milk products.  
(3)   A person handling milk and milk products must wash (using a sanitising agent) and dry 
thoroughly his or her hands:  
(a)    On entering the food handling area; and  
(b)    Immediately after using the toilet; and  
(c)    After touching the nose or mouth; and  
(d)    After handling contaminated  material; and  
(e) Whenever necessary to avoid contaminating the milk and milk products.  
(f) The wearing of gloves does not remove the obligation to wash hands.  
 
77.  
Personal effects and clothing  
Personal effects and clothing must not be stored in food ha ndling areas.  
 
78.  
Protective clothing  
(1)  A person in a food handling area must at all times wear protective clothing (including a hair 
covering) and footwear.  
(2) The protective clothing and footwear must:  
 (a)    Be suitable (including appropriately d esigned) to prevent anything from the person's 
body contaminating milk and milk products; and   
 
114 
 114 
(b)    Be maintained in good repair and in a clean and sanitary condition so as not to present 
a risk of contamination of milk, milk products or food contact surf aces.  
   
 
115 
 115 
Schedule 5    
Preparation and transport  
   
  
79.  
Presence of potentially harmful substances  
Milk and milk products must not be sourced from areas where there are reasonable grounds to 
believe that any of the following are present and could result in unacceptable levels in the milk 
and milk products:  
 (a)    Potentially harmful pathogens; or  
 (b)    Potentially harmful substances such as pesticides, fungicides, heavy metals, natural 
toxicants or other contaminants.  
 
80.  
Sourcing milk and milk products  
(1)  Milk and milk products for use in preparing milk and milk products must be sourced only 
from:  
  (a)    A registered establishment; or  
 (b)    An unregistered establishment in relation to which an approval given by the Board 
has effect; or  
  (c)    An establishment to which compliance apply.  
(2)  Subclause 2.1 applies only to milk and milk products sourced from establishments in E swatini . 
(3)           Milk sourced directly from an establishment engaged in milking and storing and chilling 
milk (including from an establishment to which these Regulations do not apply) must be sourced 
only from an establishment with:  
(a)    Disease management controls in place to ensure only healthy animals are used for 
milking; and  
  (b)    Effective measures in p lace to ensure:  
(i)    animals for milking are not given feed or treated with a substance that could 
adversely affect the fitness for human consumption of milk and milk products; and  
(ii)    The collection, storing and chilling of milk is done under conditions that 
ensure the fitness for human consumption of milk and milk products is not 
adversely affected; and  
(iii)    As soon as practicable after milking, the milk is placed under temperature 
controls that minimise the growth of pathogens that could adversely affect the 
fitness for human consumption of milk and milk products.  
81.  
Temperature controls  
Milk must be placed under temperature controls as soon as practicable after milking.   
 
116 
 116 
 
82.  
Chilling  
(1)  Milk and milk products that are to be chilled m ust  
(a)    Be cooled to a temperature of 5°C or cooler (but not cooler than minus 1°C); or  
(b)    Be cooled in accordance with the alternative temperature controls specified for 
chilling the milk and milk products in the applicable approved arrangement.  
(2)  If section 1 (b) applies, the applicable approved arrangement must validate that:  
 (a)    Achieving the alternative temperature controls; and  
 (b)    The way in which the chilling is to be done; minimises the growth of pathogens that 
could adversely af fect the fitness for human consumption of the milk and milk products 
given the conditions under which they are to be stored, handled, loaded and transported.  
83.  
Rate of chilling  
(1) The chilling of the milk and milk products must be performed with suffic ient rapidity so as to 
minimise the growth of pathogens that could adversely affect the fitness for human consumption 
of the milk and milk products given the conditions under which they are to be stored, handled, 
loaded and transported.  
(2)  The applicable approved arrangement must validate that the rate of chilling achieves the 
outcome specified in subsection 1.  
 
84.  
Freezing  
(1) Milk and milk products that are to be frozen must achieve:  
(a)    A temperature at the site of microbiological concern of minus 18°C or cooler; or  
(b)    The alternative temperature specified for freezing the milk and milk products 
concerned in the applicable approved arrangement.  
(2)  If subsection 1  (b) applies, the applicable approved arrangement must validate t hat: 
 (a)    Achieving the alternative temperature controls; and  
 (b)    The way in which the freezing is to be done; minimises the growth of pathogens that 
could adversely affect the fitness for human consumption of the milk and milk products 
given the co nditions under which they are to be stored, handled, loaded and transported.  
(3)  The freezing of the milk and milk products must be performed with sufficient rapidity to 
minimise the growth of pathogens that could adversely affect the fitness for human co nsumption 
of the milk and milk products concerned given the conditions under which they are to be stored, 
handled, loaded and transported.  
(4)  The applicable approved arrangement must validate that the rate of freezing achieves the 
outcome specified in su bclause 6.3.  
 
  
 
117 
 117 
85.  
Storage, handling, loading and transport  
(1)  Milk and milk products (other than shelf stable milk and milk products) must be maintained 
during storage, handling, loading and transport at:  
(a)    Temperatures specified for chilling or f reezing the milk and milk products concerned 
in section 82 (1) (a) or section 84 (1) (a) (as the case may be) of this Schedule; or  
(b)    The alternative temperature specified for maintaining the milk and milk products 
concerned in the applicable approved arrangement.  
(2) Shelf stable milk and milk products must be maintained during storage, handling, loading and 
transport at the temperature specified for maintaining the milk and milk products concerned in the 
applicable approved arrangement.  
(3) If subsection 1 (b) or subsection 2 applies the applicable approved arrangement must validate 
that: 
(a)    Maintaining the milk and milk products concerned at the alternative temperature; and  
(b)    The way in which this is to be done; minimises the growth of  pathogens that could 
adversely affect the fitness for human consumption of the milk and milk products given 
the conditions under which they are to be stored, handled, loaded and transported.  
86.  
Thawing and tempering  
(1) Milk and milk products must be th awed and tempered under temperature controls that minimise 
the growth of pathogens that could adversely affect the fitness for human consumption of the milk 
and milk products.  
(2)  The applicable approved arrangement must validate that the temperature cont rols for the 
thawing and tempering achieve the objective specified in subclause 8.1.  
 
87.  
Preserving milk and milk products  
(1) Unless otherwise specified in this Part a process applied to milk and milk products for the 
purpose of extending their shelf li fe must ensure the safety of the milk and milk products concerned 
by: 
 (a)    Destroying or preventing the growth of pathogens; or  
 (b)    Reducing their growth to a level that ensures the microbiological safety of the milk 
and milk products is not adverse ly affected.  
(2)  The applicable approved arrangement must validate that process controls for extending the 
shelf life of the milk and milk products ensures that the objective specified in subsection 1 is met.  
 
88.  
Thermal processing of canned milk and mi lk products  
(1)  Unless the approved arrangement specifies otherwise the canning of milk and milk products 
must result in milk and milk products that are commercially sterile.   
 
118 
 118 
(2)  An establishment must validate in its approved arrangement that its process  controls for 
canning low acid canned milk and milk products achieve the objective specified in subsection 1.  
 
89.  
Thermal process designed from simulated conditions  
(1) Before a thermal process designed from simulated manufacturing conditions is used for 
canning milk and milk products, the results of the process must first be verified in the actual 
production of canned milk and milk products (as the case may be) that tak es place:  
 (a)    Using the thermal processing equipment; and  
 (b)    Under the commercial operating conditions; to be used for canning milk and milk products 
for export as food.  
 
90.  
Canning  
Canning must protect contents from contamination  
(1)  The canni ng process and canning materials used must prevent contamination affecting the 
contents of the can.  
(2)  Cans must be inspected and evaluated.   
 
91.  
Cooling and handling cans  
(1) After thermal processing, the cans must be cooled and handled in a manner that prevents 
the introduction of pathogens that could affect the commercial sterility of the contents of 
the can.  
 
92.  
Water used for cooling  
(1) Water used for cooling canned milk and milk products must be potable.  
(2)  The method used to make the water pota ble must be specified in the approved arrangement.  
(3)  If water is made potable by chlorination the water must show a measurable free residual 
chlorine level after contact with the cans.  
 
93. 
 Post-processing controls  
Cans that have undergone thermal proc essing must be identified and held separately from cans 
that have not undergone thermal processing.  
 
  
 
119 
 119 
94.  
Pasteurisation and other treatments  
(1)  Milk must:  
(a)    be pasteurised by being heated to a temperature of not less than 72°C for not less than 
15 seconds and immediately shock cooled to a temperature of 4.5°C or less; or  
 (b)   Be heated and cooled using any time and temperature combination that:  
    (i)    Is specified in the applicable approved arrangement; and  
(ii)    Is of equal or greater lethal effect on the bacteria in the milk than would be 
achieved by the time and temperature controls.; or  
  (c)    Be subjected to any other treatment that:  
    (i)    Is specified in the applicable approved arrangement; an d 
(ii)    Meets the objective specified in section 94(1) (b) (ii) or the objective 
specified in subclause 9.1 of this Schedule.  
(2) Liquid milk must:  
  (a)    Be heated and cooled using any time and temperature combination that:  
 (i)    Is specified in the  applicable approved arrangement; and  
(ii)    Is of equal or greater lethal effect on the bacteria in the milk product than 
would be achieved by the time and temperature controls specified in paragraph 
94(1)  (a); or  
  (b)    Be subjected to any other treat ment that:  
   (i)    Is specified in the applicable approved arrangement; and  
(ii)    Meets the objective specified in section 94(2) (a) (ii) or the objective specified 
in subclause 9.1 of this Schedule.  
(3)         If section 94(1) (b) or section 94(1) (c) or section 94(2) applies the  applicable approved 
arrangement must validate that the time and temperature combination or other treatment achieves 
the objectives specified for section 94(1) (b) (ii), 94 (1) (c) (ii), 94 (2) (a) (ii) or 94 (2) (b) (ii) (a s 
the case may be).  
(4)         This clause does not apply to milk and liquid milk products used in the manufacture of 
cheese.  
 
95.  
Cheese  
(1)   Milk and liquid milk products used in the manufacture of cheese must:  
(a)   be heat treated by being held at a  temperature of not less than 72°C for a period of not 
less than 15 seconds; or  
(b)   be heat treated using a time and temperature combination that is of equal or greater 
lethal effect on the bacteria in the milk and milk products than would be achieved by  the 
time and temperature controls specified in subsection (a); or  
(c)   be heat treated by being held at a temperature of not less than 62°C for a period of not 
less than 15 seconds, and the cheese stored at a temperature of not less than 2°C at the site  
 
120 
 120 
of microbiological concern for a period of not less than 90 days after the day the cheese is 
manufactured; or  
(d)   Subjected to such other treatment that:  
 (i)    Is specified in the approved arrangement applying to the treatment of the cheese; and  
 (ii)    Ensures the cheese produced achieves a level of food safety equivalent to that achieved for 
cheese prepared from milk or liquid milk products that are treated in accordance with sub section 
(a). 
(2)  If sub section (b) or sub section (d) applies, the  applicable approved arrangement must validate 
that the treatment achieves the objective specified in sub section (b) or sub section (d) (ii) (as the 
case may be).  
 
96.  
Packaging and identification  
(1)  Packaging, tags, labels and other materials used to pac kage or identify milk and milk products 
must be fit for their intended use.  
(2)  The manner in which milk and milk products are  packaged, tagged, labelled and identified and 
the packaging, tags, labels and other materials used:  
(a)    Must not adversely affect the fitness for human consumption of the milk and milk 
products concerned; and  
(b)    In the case of packaging  — must effectively protect the milk and milk products 
concerned from contamination in the conditions under which they are to be stored, ha ndled, 
loaded and transported.  
 
97.  
Storage, handling and loading  
(1) Milk and milk products must be stored, handled and loaded in such a way that:  
(a)    They are protected from the likelihood of contamination; and  
(b)    The conditions (including humidi ty and atmosphere)  under which they are stored, 
handled and loaded do not adversely affect their fitness for human consumption.  
 
98.  
Loading for transport  
(1) Milk and milk products must not be loaded onto a vehicle, ship, aircraft or other means of 
trans port unless:  
(a)    The vehicle (including the food carrying compartment) and the container system unit; 
and 
(b)    The equipment to be used in the food carrying compartment and the container system 
unit; and  
(c)    The equipment to be used for the loading ; comply with the applicable requirements 
of these Regulations.   
 
121 
 121 
 
The food carrying compartment is the part or area of the vehicle, ship, aircraft of other means of 
transport in which milk and milk products are carried,  
 
99. 
 Transport  
Milk and milk products must be protected during transport  
(1)  Milk and milk products must be transported under temperature controls that ensure that they 
are maintained during transportation in accordance with the requirements of clause 7 of this 
Schedule.  
(2)  Milk an d milk products must be transported under such other conditions as are necessary to 
ensure that their fitness for human consumption is not adversely affected during transport.  
For example,  in order to meet sub section 2 milk and milk products would need to  be protected 
from pests and the likelihood of contamination during transport and should not be transported with 
live animals or any other thing that could contaminate the milk and milk products.  
 
100.  
Official mark must be retained during transport  
(1)  During the transport of milk and milk products any official mark applied:  
(a)    To the milk and milk products, their packaging or to anything containing the milk and 
milk products; or  
 (b)    To anything  that is attached to:  
 (i)    The milk and milk prod ucts; or  
 (ii)    Their packaging; or  
(iii)   Anything  containing the milk and milk products; must be retained intact.  
 
101.  
Evaluation of fitness for human consumption  
(1)         Establishments preparing milk and milk products must have procedures in place for 
evaluating the fitness for human consumption of:  
(a)   All milk and milk products (including returned product) received at the establishment; 
and 
 (b)    All ingredients received at the establishment; and  
 (c)    All milk and milk products prepared at the establishment.  
This clause applies to all milk, milk products and ingredients received including those sourced 
from unregistered establishments and establishments to which these Regulations do not apply an d 
those that are imported.  
 
  
 
122 
 122 
102.  
Milk and milk products not fit for human consumption  
(1) Milk and milk products that are not fit for human consumption must:  
 (a)    Be clearly identified as not for export as food; and  
 (b)    Be segregated from and not contaminate milk and milk products; and  
 (c)    Not be loaded for human consumption.  
(2)  Milk and milk products that are not fit for human consumption must:  
(a)    Be disposed of so that they do not contaminate milk and milk products, their 
ingredients or  the water supply; or  
(b)    Be treated to render them fit for human consumption.  
(3)  Subsection 1 and 2 do not apply to manufacturing animal food.  
 
103.  
Manufacturing grade milk and milk products  
(1) Manufacturing grade milk and milk products must:  
(a)    Be clearly described as manufacturing grade and not fit for human consumption (or 
words of similar meaning); and  
 (b)    Be segregated from and not contaminate  milk and milk products.  
 
104.  
Milk and milk products that must be dealt with as sub -standard  
(1)  Milk and milk products that under these Regulations must be dealt with as substandard milk 
and milk products must:  
 (a)    Be clearly identified as substandard; and  
 (b)    Be segregated from and not contaminate milk and milk products of good quality; and  
 (c)    Not be loaded for distribution as good quality product.  
(2)         If: 
 (a)    A permit for milk and milk products is revoked; or  
 (b)    The Board gives th e occupier of the establishment at which the milk and milk 
products concerned are located a written notice rejecting them; the milk and milk products 
concerned must:  
 (c)    Be clearly identified as not permitted; and  
 (d)    Be segregated from and not con taminate milk and milk products permitted for 
distribution; and  
 (e)    Not be loaded for distribution with permitted products.  
 
 
  
 
123 
 123 
105.  
 Milk and milk products that are not for export as food must:  
 (a)    Be clearly identified as not for export as food; and 
   (b)    Be segregated from milk and milk products for export as food.  
 
106.  
Animal food  
Animal food must:  
(a)    Be clearly identified as animal food and not for human consumption; and  
(b)    Be segregated from and not contaminate milk and milk products that are for food 
milk and milk products for animal food cannot be used as an ingredient for milk and milk 
products for human consumption.  
107.  
Milk and milk products for export to identified markets  
If milk and milk products are not eligible for  export as food to all markets the following must be 
readily ascertainable:  
(a)    The countries to which the milk and milk products concerned are intended for export; 
and 
(b)    Whether the importing country requirements for each of those countries that a re 
specified in the applicable approved arrangement are met.  
The approved arrangement must document controls used to ensure compliance with importing 
country requirements.  
   
 
124 
 124 
Schedule 6   
 Product standards  
   
  
108.  
Product standards for milk, milk products and ingredients  
(1)  Milk and milk products and their ingredients must not contain any of the following:  
(a)    A metal or non-metal  contaminant or a natural toxicant in excess of the maximum 
level specified for the contaminant or toxicant;  
(b)    An agricultural or veterinary chemical in an amount that contravenes the 
requirements of the international and national laws;  
(c)    A food additive, processing aid, vitamin, mineral, added nutrient, other matter or 
substance in contravention of the applicable requirements of the international and national 
laws;  
(2)  Milk and milk products for export as food to a country and their ingredients need not comply 
with a requirement of sub section 1:  
(a)    as it applies to a contaminant or natural toxicant  if the importing country authority 
specifies a maximum level for the contaminant or natural toxicant for milk, milk products 
or ingredients of the kind concerned and the milk, milk products or ingredients concerned 
do not exceed that maximum level; and  
(b)    as it applies to an agricultural or veterinary chemical  if the importing country 
authority specifies a maximum limit for the chemical for milk, milk products or ingredients 
of the kind concerned and the milk, milk products or ingredients concerned do not exceed 
that limit; and  
(c)    as it applies to a food additive, processing aid, vitamin, mineral, added nutrient, other 
matter or substance if the importing country authority specifies an alternative requirement 
for the food additive, processing aid, vitamin, mineral, added nutrient, other matter or 
substance milk, milk products or ingredients of the kind concerned and the milk, milk 
products or ingredients concerned comply with the alternative requirement.  
(3)  If sub section 2 (a), 2 (b) or 2 (c) app lies the applicable approved arrangement must:  
(a)    Identify the maximum limit or alternative requirement concerned specified by the 
importing country authority; and  
(b)    Document the controls used to ensure compliance with that maximum limit or 
altern ative requirement.  
 
109.  
Microbiological limits  
(1)  Milk and milk products and their ingredients must meet the microbiological limits specified 
for milk, milk products or ingredients of that kind in the national and international standard setting 
bodies and these regulations.   
 
125 
 125 
(2)  Milk and milk products for export as food to a country and their ingredients need not comply 
with sub section 1 if:  
(a)    The importing country authority specifies an alternative microbiological limit for the 
milk, milk product  or ingredient of the kind concerned; and  
(b)    The milk, milk products or ingredients concerned comply with the alternative 
microbiological limit.  
(3) If sub section.2 (a) applies the applicable approved arrangement must:  
(a)    Identify the alternative microbiological limit specified by the importing country 
authority; and  
(b)    Document the controls used to ensure compliance with that alternative 
microbiological limit.  
 
110.  
Gene technology, irradiation and other processes  
(1) Milk and milk products a nd their ingredients must not:  
(a)    Be produced using gene technology; or  
(b)    Be irradiated; or  
(c)    Be produced using, or subjected to, any other process; in contravention of the 
applicable requirements of the national and international standards and these regulations.  
(2)  Milk and milk products for export as food to a country and their ingredients need not comply 
with sub section 1 if:  
(a)    The importing country authority permits the gene technology, irradiation or other 
process for milk, milk products or ingredients of the kind concerned; and  
(b)    The importing country requirements for the gene technology, irradiation or other 
process are complied with in relation to the milk, milk products or ingredients concerned.  
(3)        If sub section 2 (a) applies the applicable approved arrangement must  
(a)    Identify the alternative requirements specified by the importing country authority; 
and 
(b)    Document the controls used to ensure compliance with the alternative requirements.  
 
111.  
Methods o f sampling and examination  
Microbiological sampling and examination  
(1) The sampling and examination of milk and milk products and their ingredients for the purposes 
of demonstrating compliance with the microbiological limits must comply with:  
  (a)    The Eswatini Diary Board Standards specified in the regulations  
 (b)    An equivalent method of examination in accordance with the Eswatini Dairy Board 
Standards  
(c) A method of examination in accordance with Eswatini Standards Authority, Milk South 
Africa, Milk producers Organisation (SA), International Dairy Federation, World  
 
126 
 126 
organisation for Animal Health (OIE) Codex Alimentarius and the International 
Organisation for Standardisation (ISO)  
 
(2) The sampling and examination of milk and milk products and the ir ingredients for the purpose 
specified in sub section 1 must comply with any additional methods for their sampling and 
examination specified.  
(3) The sampling and examination need not comply with sub section.1 and sub section.2 if:  
(a)    The importing country authority specifies an alternative method of sampling and 
examination for milk, milk products or ingredients of the kind concerned; and  
(b)    The sampling and examination is done in accordance with the alternative method.  
(4)  If sub section 3  (a) applies the applicable approved arrangement must:  
(a)    Identify the alternative method of sampling and examination specified by the 
importing country authority; and  
(b)    Document the controls used to ensure compliance with that alternative method of 
sampling and examination.  
 
   
 
127 
 127 
Schedule 7   
 Trade description  
   
112.  
Requirement to have a trade description  
(1) Milk and milk products must have a trade description containing the information specified in 
section 115 (4) of this Schedule applied to their immediate container.  
(2) The trade description must be applied before the milk and milk products leave the 
estab lishment at which they are last packed in their immediate container before being loaded.  
113.  
Unlabelled canned product and unwrapped bulk loaded product  
(1) Despite section 112 of this Schedule a trade description containing the information specified 
in section 115 (4) of this Schedule need not be applied to:  
(a)    Milk and milk products despatched from an establishment in cans without labels 
provided the requirements of section 116(2) of this Schedule are met; and  
(b)    Unwrapped milk and milk products  bulk loaded into container system units.  
 
114. 
 Milk and milk products identified as not for retail sale  
(1)  Despite section 112 of this Schedule a trade description containing the information specified 
in section 115 of this Schedule need not be applied  to milk and milk products if:  
 (a)    The milk and milk products are identified as not for retail sale; and  
(b)    The information specified in section 116 of this Schedule is applied to the outer 
container containing the milk and milk products before th e outer container is loaded.  
 
115.  
Contents of the trade description  
(1)  The trade description must contain:  
(a)    A description of the milk and milk products; and  
(b)   For milk and milk products containing more than one ingredient  a list of ingredients 
must be clearly written; and  
(c)   The net contents of the milk and milk products; and  
(d)   The country of origin of the milk and milk products; and  
(e)   The registration number of the establishment at which the milk and milk product s are 
last prepared (other than handled, loaded or stored) before being exported; and  
(f)    The name and address of:  
   (i)   The exporter; or   
 
128 
 128 
(ii)  The occupier of the establishment at which the milk and milk products are last 
prepared (other than handled, loaded or stored) before being exported; or  
   (iii)  The consignee; and  
 (g)   The identity of the lot for the milk and milk products;  and 
 (h)   The directions for the use or storage if the milk and milk products are of a nature as 
to warrant su ch directions for reasons of food safety.  
Note 1:  For accuracy of the trade description section 121 of this Schedule.  
Conduct that is misleading or deceptive or is likely to mislead or deceive and making false or 
misleading representations, including abou t the country of origin of milk and milk products is 
prohibited. If the importing country authority specifies that it does not require a trade description 
requirement of this Schedule to be complied with (or specifies a less stringent requirement), the 
Board may, at the request of the occupier, give the occupier a notice specifying that the 
requirement of this Schedule does not apply.  
 
116.  
Canned milk and milk products  
(1)  If canned milk or canned milk products are not permanently marked with the complet e trade 
description at the time of filling the cans, the letters ‘EX’ followed by the registration number of 
the establishment at which the cans are closed must be embossed or otherwise permanently marked 
on the cans.  
(2) If canned milk or canned milk prod ucts are to be despatched from an establishment in cans 
without labels the cans must be embossed or otherwise permanently marked  at the time of filling 
with:  
(a)    A product cypher that can be used to identify the milk and milk products; and  
(b)    The le tters ‘EX’ followed by the registration number of the establishment at which 
the can is closed; and  
 (c)    The country of origin of the milk and milk products; and  
 (d)    The identity of the lot for the milk and milk products.  
 
117.  
Ingredients  
(1)  The trade description applied to milk and milk products must meet each of the applicable 
requirements for the labelling and naming of ingredients and compound ingredients.  
(2)  Without limiting the generality of sub section1 the ingredients must be listed in order.  
(3) Statement of ingredients must also be listed even in small packages - means a package with a 
total surface area of less than 100 cm2.  
(4) For the purposes of complying with the requirements of the regulations  
  (a)    Ingredient  must comply with the regulations  
 (b)    Ingredient  means any substance (including a food additive) that is a constituent of 
milk and milk products but does not include a processing aid.  
  
 
129 
 129 
118.  
Compositional claims  
If a claim as to composition is made or implied regarding milk and milk products, a quantitative 
statement supporting the claim must be included in the trade description.  
 
119.  
Identifying the establishment  
The registration number of the establishment must be clearly distinguishable as being th e 
registration number.  
 
120.  
Identifying the farmer, producer, exporter, importer, trader, distributor, processor etc  
(1) For the purposes of the regulations, if:  
(a)    The name and address of the exporter, importer, processor, distributor, trader or 
consignee is used; and  
(b)    The exporter, importer, processor, distributor, trader or  consignee is not a person who 
prepares the milk and milk products concerned; the name must be preceded by the words 
‘Packed for’ or a statement of similar meaning.  
 
121.  
Miscellaneous  
(1) Information required under these Regulations to be contained in the trade description must:  
 (a)    Be accurate; and  
 (b)    Be legible; and  
 (c)    Be prominent, conspicuous and not obscured in any way; and  
 (d)    Be securely applied.  
 
113.  
Additional information applied to a trade description  
Additional information or pictures applied to milk and milk products must not be inconsistent with 
information required under these Regulations to be contained in the trade description.  
114. 
 Trade description applied to packaging material, liners, outer containers etc  
(1)  A trade description applied to:  
(a)  packaging material such as carton liners, wraps or sheets within blocks to separate milk 
and milk products; or   
 
130 
 130 
(b)   An outer container  containing a number of immediate containers of milk and milk 
products; must not be inconsistent with any part of the trade description required to be 
applied under these Regulations.  
. 
115.  
Trade descriptions in a language other than English  
Any part of a trade description applied to milk and milk products that appear in a language other 
than English or Siswati must not be inconsistent with any part of the trade description in the 
English language.  
 
116.  
When a trade description must not be altered or in terfered with  
(1)  The trade description required under these Regulations to be applied to milk and milk products 
must not be altered or interfered with unless:  
(a)    The alteration or interference is done by, or under the direction of, an authorized 
officer; or  
(b)    An authorized officer gives written approval for the alteration or interference; or  
(c)   The applicable approved arrangement provides for the alteration and interference in 
the circumstances in which the alteration or interference is made.  
   
 
131 
 131 
Schedule 8   
 Identification, tracing systems, integrity and transfer  
 
 
117.  
Identification, tracing systems, integrity and recall  
(1) Effective  measures for tracing systems, for making records and retaining documents and for 
the identification of milk and milk products must ensure that all milk and milk products prepared 
at the establishment can be:  
  (a)    Identified; and  
  (b)   Traced; and  
 (c)    If necessary, recalled.  
 
118. 
 Integrity  
The integrity of milk and milk products must be maintained.  
 
119.  
Supply and preparation  
(1) Milk and milk products and their ingredients must be sourced only from a supplier with 
traceability systems in place to ensure that the milk and milk products and ingredients can be 
identified, traced and if necessary recal led. 
(2) A record must be made of the name of the supplier of all milk and milk products and ingredients 
received at an establishment engaged in the preparation of milk and milk products.    
 
120.  
Production records  
(1)  A record must be made of all information necessary to ensure:  
(a)    Trace -back to the individual lot of milk and milk products prepared at an 
establishment; and  
(b)    Trace -back to the supplier of the ingredients used in each lot of the milk and milk 
products and the date of supply of the ingredients.  
(2) For the purposes of complying with section 115 ( a) and without limiting the generality of 
section 115, for each lot of milk and milk products prepared at an establishment a record must be 
made of:  
  (a)    The description of the milk and milk products; and  
  (b)    The quantity of milk and milk products in the lot; and  
  (c)    The lot identity of the milk and milk products; and   
 
132 
 132 
  (d)    The date of preparation of the milk and milk products; and  
  (e)    The milk and milk products and their ingredients.  
 
 
 
121.  
Identification of milk and milk products  
(1) The following information must be applied to the outer container of milk and milk products 
before the container leaves the establishment at which the o uter container is packed:  
   (a)    A description of the milk and milk products;  
 (b)    The registration number of the establishment at which the outer container is packed;  
 (c)    The quantity of the milk and milk products in the container;  
   (d)    The lot identity of the milk and milk products;  
 (e)    The country of origin of the milk and milk products.  
 
122.  
Transfer  
(1) For each consignment of milk and milk products despatched from an establishment the 
following information must be given  to the consignee:  
(a)    The name, address and registration number of the despatching establishment;  
(b)    A full description of the milk and milk products that is sufficient to identify them;  
(c)    An indication of the temperature controls under which the milk and milk products 
must, under these Regulations, be transported;  
(d)    The quantity of the milk and milk products in the consignment and the number and 
description of packages (if any) in which the milk and milk products are packed;  
(e)    If the  milk and milk products are prepared in order to meet the importing country 
requirements of one or more identified countries  — the name of those countries;  
(f)    The name and address and registration number (if any) of the establishment to which 
the milk and milk products are despatched;  
 (g)    A declaration stating that:  
   (i)    The conditions and restrictions specified in the regulations and  
 (ii)    The importing country requirements identified in the approved arrangement; 
that apply to and in relati on to the milk and milk products while they are at the 
establishment are complied with;  
(h)    A declaration stating that all the information given to the consignee for the purposes 
of complying with this clause is true and complete.  
(2)  For each consignm ent of milk and milk products for animal food despatched from an 
establishment engaged in the preparation of milk and milk products the information specified in 
section 117 (a), (b), (d), (f), (g) and (h) must be given to the consignee.   
 
133 
 133 
 
 
123. 
 Unlabelled canned product and unwrapped bulk loaded product  
(1) If milk and milk products:  
(a)    Are despatched from an establishment in cans without labels; or  
(b)    Are unwrapped milk and milk products bulk loaded into container system units; the 
outstanding information (if any) required to comply with the requirements of section 115  in 
Schedule 7 must also be given to the consignee.  
 
124.  
Intra -company transfers  
(1)  This Part does not apply to the despatch of milk and milk products  if both of the f ollowing 
apply:  
 (a)    The same person is the occupier of the despatching and the receiving establishment; and  
 (b)    The occupier’s approved arrangement documents the controls necessary to ensure that the 
requirements of section 117 of this Schedule are  complied with during the transfer.  
 
125.  
Requirements for declarations  
(1)  A declaration referred to in section 115 (g) and (h) of this Schedule must be signed and dated 
by the maker of the declaration. Declarations can be done electronically  
(2) A decl aration referred to in section 115 (g) and (h) of this Schedule must be made by:  
(a)    The occupier; or  
(b)    A person who is designated in the despatching establishment’s approved arrangement 
as a person who may make such a declaration on behalf of the occupier.  
(3)  A declaration must not:  
  (a)    Be false, misleading or incomplete; or  
  (b)    Be made if there is no sound basis for making it.  
If a false, misleading or incomplete statement is made or there is no sound basis for the statement 
the establ ishment’s approved arrangement may be suspended or revoked.  
 
126.  
Giving information to the consignee  
(1)  For the purpose of section 122 and 123 of this Schedule the information is taken to be given 
to the consignee if:  
(a)    It is in writing; and   
 
134 
 134 
(b)    It is given to the consignee at the time of despatch of the milk and milk products 
concerned or accompanies the milk and milk products concerned during despatch.  
 
127.  
Receipt of milk and milk products  
(1)  If: 
 (a)    Milk and milk products are received by an establishment engaged in the preparation of milk 
and milk products; and  
 (b)    the establishment does not receive the relevant information referred to in clauses 6 or 7 (as 
the case may be) of this Schedul e or the information does not accompany the milk and milk 
products concerned; or  
 (c)    The information referred to in clauses 6 or 7 received by the establishment or accompanying 
the milk and milk products is inaccurate or incomplete; the occupier must n otify an authorized 
officer and the sender as soon as practicable on becoming aware that the information was not 
received or is inaccurate or incomplete.  
(2)  If: 
(a)    Milk and milk products are received by an establishment engaged in the preparation of milk 
and milk products; and  
(b)    A circumstance referred to in section 127 (1) (b) or (c) exists; the milk and milk products 
concerned must:  
 (c)    be held at the establishment under conditions of security and not dealt with further as milk 
and milk pro ducts unless an authorized officer gives  written approval for the milk and milk 
products concerned to be dealt with further; or  
 (d)    Be dealt with as milk and milk products that are substandard and risky or until the sender or 
source send all the requir ed information.  
 
128.  
Identification during transport  
The identification of milk and milk products must not be lost during transport.  
. 
   
 
135 
 135 
Schedule 9   
 Documentation  
 
129.  
Making an application - Permits (import, export, transit, emergency  
An application for any permit for milk and milk products must:  
(a)    Be in the form approved by the Board for making applications for the permit of milk 
and milk products; and  
  (b)   Be given to the Board.  
 
130.  
Contents of the application  
An application for any permit for milk and milk products must contain the following information 
for the milk and milk products concerned:  
  (a)    The name and address in E swatini  of the person who intends to apply  
(b)    The registration number of the process sing establishment (s) at which it was or  were 
prepared if they are two or more, list all of them (other than merely stored, handled, or 
loaded);  
(c)    Each of the dates on which they are prepared (other than merely stored, handled or 
loaded);  
  (d)    If Eswatini  is not th eir country of origin  their country of origin;  
(e)    The name and address of the consignee, or if a government permit required;  
  (f)    The intended port of entry or airport;  
  (g)   The intended date of departure or arrival of the consignment;  
  (h)   The mode of transport  
  (i)    Their intended market (s);  
(j) The importing or exporting country  
(k)    Their net contents and the number and type of packages (if any) in which they are 
packed;  
(l)    Their full description, including the type of milk and milk products concerned, the 
pack type and preservation (for example chilled, frozen or unrefrigerated);  
  (m)    Any other information required by the Board.  
 
 
 
 
  
 
136 
 136 
131.  
Declaration of compliance  
(1) An application for any permit for milk and milk products  must contain a declaration that the 
permit applicant is in possession of:  
 (a)    A declaration that applies to the milk and milk products concerned and complies with the 
requirements of this Schedule; or  
 (b)    A written verification for the milk and mi lk products concerned made by an authorized 
officer under section 136 of this Schedule.  
(2)  Milk and milk products must be prepared under an approved arrangement that provides for 
inspection procedures that include the making of declarations of compliance  for the milk and milk 
products concerned.  
 
132.  
Statement that information is correct and complete  
(1) An application for a permit must contain a statement that all information given in the 
application is true and complete.  
 
133. 
Declaration of compliance made under an approved arrangement  
When a declaration may be made  
(1)  A person may make a declaration if the applicable approved arrangement provides for 
inspection procedures that include the making of declarations of compliance for the milk and milk 
products concerned.  
(2)  The declaration must be made by:  
(a)    The occupier; or    
(b) A person designated in the applicable approved arrangement as a person who may make 
such a declaration on behalf of the occupier;  
(c) Relevant and competent Government aut horised person  
(d)the board of  the processing establishment  (s) at which the milk and milk products 
concerned are last prepared (other than merely stored, handled or loaded).  
 
134.  
Contents of the declaration  
A declaration of compliance must:  
(a)    Ident ify the milk and milk products concerned and state that it relates to the 
compliance with:  
   (i)    The conditions and restrictions specified in the regulations and  
 (ii)   The country’s requirements identified in the approved arrangement; 
applicable to the milk and milk products at the time they are last processed and 
prepared (other than merely stored, handled or loaded); and   
 
137 
 137 
(b)    Declare that the conditions and restrictions are complied with; and  
(c)    State that the information is true and complete; and  
(d) Be signed by the maker of the declaration and dated.  
(e) Relevant and competent Government authorised person  
This declaration may be the one that is made for the purposes of the transfer of milk and milk 
products by the occupier of the pr ocessing establishment (s) at which the milk and milk products 
are last prepared (other than merely stored, handled, distributed or loaded).  
 
135.  
Declaration must be correct and complete  
A declaration referred to in this Division must not:  
 (a)   Be fals e, misleading or incomplete; or  
 (b)    Be made if there is no sound basis for making it.  
If a false, misleading or incomplete statement is made or there is no sound basis for the statement 
the establishment’s approved arrangement may be suspended or revok ed. 
 
136.  
Verification and inspection by an authorized officer  
If: 
(a)    An application for a permit for milk and milk products is given by the Board and there 
has been an opportunity to inspect the milk and milk products if required; and  
(b)    An autho rized officer has reasonable grounds to believe that the conditions and 
restrictions specified in the regulations are complied with; the officer may give a written 
verification of the matters referred to in paragraph (b).  
 
137. 
 Inspection, examination and  sampling  
An authorized officer may conduct such inspections and examinations and take such samples as 
are necessary for the purposes of making a verification referred to in section 136 of this Schedule.  
 
138.  
Permission to export or import etc  
(1)  This Division contains provisions for permits.  
(2)  Section 139 describes the issuing of permits on an ongoing basis under an approved 
arrangement.  
(3)  Section 140 describes the issue of permits on an ongoing basis by persons approved by the 
Board to issue per mits.  
(4)  Section 141 describes the fully automated system used to give permits.   In this case the 
computer is programmed  so that it does not result in the giving of permits unless certain  
 
138 
 138 
preconditions are met. A person may access the automated system to  issue permits if the person 
has approval to do so under an approved arrangement or if the person is given approval to do so 
by the Board.  
(5)  Section 142 describes the giving of permits in circumstances where Section 139 to 141 do not 
apply and where the  Board only gives permits where the Board has reasonable grounds to believe 
that certain preconditions are met.  
(6)  The remaining  sections in this Division regulate the approval of arrangements for the issue of 
permits and the approval of persons who may issue permits.  
 
139.  
Issue of permits under an approved arrangement  
(1)  This clause does not apply permits:  
(a)    Generated as a result of the operation of a computer operating system; or  
(b)    Given by the Board under Section 142 of this Schedule.  
(2)  This clause applies if:  
(a)    The occupier of the establishment is also  the processor of milk and milk products that 
are last prepared (other than merely stored, handled or loaded) at the establishment; and  
(b)    The occupier’s approved arrangement con tains inspection procedures of milk and 
milk products of the kind referred to in Sub section.2 (a) that include:  
(i)    The making of declarations referred to in Sub section 3 (a) of this Schedule; 
and  
 (ii)    The issue of permits by the occupier; and  
(iii)    Designates a person who has management responsibilities at the 
establishment for inspection  procedures as  a person who may make the declarations 
and issue permits on behalf of the occupier, to be signed by a competent 
Government authorised officer  and the board  
(3)  Permits may be issued on behalf of the occupier by a relevant and competent government 
authorised person, the board or a person referred to in Sub section.2 (b) (iii).  
(4)  Requirements for applications for a permit  
(5)   A permit issue d must contain:  
(a)   All the information specified in Section 130 of this Schedule; and  
(b)    A declaration that applies to the milk and milk products and complies with the 
requirements of the regulations; and  
(c)    A statement that all information in t he permit is true and complete.  
(6)  The occupier must give a copy of each permit issued by a person (s) referred to in Sub section 
3 to the Board within 3 working days after the day the milk and milk products identified in the 
permit are exported or impor ted. 
 
 
  
 
139 
 139 
140. 
 Issue of permits by approved person  
(1)  This clause does not apply to permits:  
(a)    Generated as a result of the operation of a computer operating system; or  
(b)    Issued by the Board under Section 142 of this Schedule.  
(2)  An approved permit issuer may issue a permit for milk and milk products of the kind described 
in the approval.  
 
(3)  Requirements for applications for a permit  
(4)  A permit issued by an approved permit issuer such as Government Veterinary Officers and the 
Board must contain:  
  (a)   All of the information specified in Section 130 of this Schedule; and  
  (b)   A declaration that they are in possession of a declaration that:  
   (i)    Applies to the milk and milk products; and  
 (ii)   Complies with the requirements of S ection 134 of this Schedule; and  
 (c)    A statement that all information in the permit is true and complete.  
(5)  An approved permit issuer must ensure a copy of each permit he or she issues is given to the 
Board within 3 working days after the day the mi lk and milk products identified in the permit are 
exported or imported.  
 
141.  
Automated permits  
(1)  This provision applies if the permit is an electronic notice generated as a result of the operation 
of a computer operating system  
(2)  If each of the ci rcumstances in Section 139 (2) of this Schedule exists a person referred to in 
Section 139 (3) of this Schedule may access the computer operating system for the purpose of the 
issue of permits.  
(3)  An approved permit issuer may access the computer operati ng system for the purpose of the 
issue of export permits.  
(4)   The Board must take all reasonable steps to ensure that the computer system does not result 
in the issue of a permit for milk and milk products unless there are reasonable grounds to believe 
that there are systems in place to ensure:  
(a)    an application for a permit for the milk and milk products concerned is given to the 
Board and an authorized officer has had an opportunity to inspect the milk and milk 
products if required; and  
(b)  The app lication contains the information specified in Section 130 of this Schedule; 
and 
(c)  A declaration referred to in Section 131 of this Schedule is made; and  
(d)  The conditions and restrictions specified in these Regulations that must be satisfied 
before the milk and milk products are complied with; and   
 
140 
 140 
(e)    The information given to the Board in, or in connection with the application for the 
permit is accurate and complete and that there is a sound basis for the information.  
(5) A permit issued under thi s clause is taken to be given by the Board.  
 
142.  
Permits given by the Board in other circumstances  
 
(1)  This clause applies to permits given by the Board that are not generated as described in section 
141 of this Schedule.  
(2)  The Board may give the person named in an application a permit for milk and milk products 
if all of the following circumstances exist:  
(a)    An application for a permit for the milk and milk products is given to the Board and 
an authorized officer has had an opportunity to insp ect the milk and milk products  if 
required; and  
(b)    The application contains the information specified in section 130 of this Schedule; 
and 
  (c)    A declaration referred to in section 131 of this Schedule is made; and  
(d)    The Board is satisfied tha t the conditions and restrictions specified in these 
Regulations are complied with; and  
(e)    The Board is satisfied that the information given to the Board in, or in connection 
with the application for the permit is accurate and complete and that there i s a sound basis 
for the information.  
Approval etc of approved arrangements for issuing permits  
(1) The Board may under section 22 of Schedule 2 approve an arrangement as it relates to the 
matters referred to in section 139(2) of this Schedule if the Board is satisfied that:  
(a)  permits issued under the arrangement and other information given by the occupier to 
the Board in, or in connection with the export and import of milk and milk products will 
be accurate and complete and have a sound basis; and  
(b)  The conditions and restrictions specified in these Regulations will be complied with; 
and 
(c) The occupier’s arrangement contains controls to demonstrate how the occupier will 
comply with the requirements of these Regulations and section 139 (5) and (6) of this 
Schedule.  
(2)The Board may under section 27 of Schedule 2 require the occupier to submit a variation of the 
approved arrangement as it relates to the matters referred to in section 139 (2) of this Schedule if 
the Board is not satisfied that compliance  with the controls specified in the approved arrangement 
ensures that the matters specified in these Regulations and subclauses section 139 (5) and (6) of 
this Schedule are complied with.  
(3)  The Board may under section 29 of Schedule 2 suspend or revoke the approval of an approved 
arrangement as it relates to the matters referred to in subclause section 139 (2) of this Schedule if:  
(a)    The Board is satisfied that any of the matters specified in sub section (1) are not met; 
or  
 
141 
 141 
(b)    A person who may un der section 139 (3) issue permits on behalf of the occupier is 
not, or ceases to be, a fit and proper person  
(c)    The occupier has failed to comply with a requirement of these Regulations or section 
139 (5) or (6) of this Schedule; or  
(d)    The occupie r has failed to provide the assistance required.  
(4) The preconditions specified in section 143 (1) are in addition to those specified in section 22 
(1) of Schedule 2.  
(5) Section 143 (2) and (3) do not operate so as to limit the ability of the Board to re quire a variation 
or suspend or revoke an arrangement under section 27(1) and 29 (1) (as the case may be) of 
Schedule 2.  
 
143.  
Approval to issue permits  
(1)         An individual may apply for approval to issue permits of milk and milk products prepared 
under an approved arrangement and import and export requirements that contains inspection 
procedures.  
(2)  The application must contain:  
(a)    The information specified in section 130 (a) and (b) of this Schedule; and  
(b)    A description of the milk and m ilk products for which approval to issue permits is 
required; and  
(c)    A statement by the applicant that all information given in the application is true and 
complete; and  
(d)    Any other information required by the Board.  
(3)  The Board may request tha t the applicant provide further specified information or documents 
that the Board reasonably requires in order to decide the application.  
(4)  If the Board has not decided the application within 60 days after the day the application is 
received (not includ ing any period between the Board making a written request under subclause 
16.3 and the applicant meeting the request) the Board is taken to have refused the application.  
(5)  The Board may by written notice give the applicant approval to issue permits for milk and 
milk products of the kind specified in the application if the Board is satisfied:  
(a)    The applicant will comply with the applicable requirements of the regulations; and  
(b)    Permits issued by the applicant will comply with section140 (4) of this Schedule; and  
  (c)    The applicant will comply with section 140 (5) of this Schedule; and  
  (d)    The applicant is a fit and proper person  
(6)  If the Board decides not to approve the applicant the Board must give the applicant written 
notice of the decision.  
(7)         The notice must:  
 (a)    Set out the reasons for the decision; and  
(b)    Tell the applicant of his or her right to apply for r econsideration of the decision.  
(8)    The Board may:   
 
142 
 142 
  (a)   Give approval subject to conditions specified in the approval; and  
 (b)    By written notice given to the approved permit issuer impose new conditions or vary 
or revoke the conditions.  
(9) The c onditions must be for the purpose of ensuring that:  
  (a)    The permits will comply with section140 (4) of this Schedule; and  
 (b)    The approved permit issuer will comply with section140 (5) of this Schedule; and  
(c)    That an accurate assessment can b e made as to whether sub section140 9 (a) and 9 (b) 
are met.  
(10)  The Board may by written notice given to an approved permit issuer revoke the approval if 
the Board has reasonable grounds to believe that the approved permit issuer:  
(a)    Has failed to c omply with an applicable requirement of these Regulations or a 
condition of the approval; or  
(b)    has in an application or other document given to the Board or in a document or 
information required to be made or given under the Act, the Regulations or a condition of 
the approval of the person made a statement that is:  
   (i)    False, misleading, or incomplete; or  
   (ii)    For which there is no sound basis for making the statement; or  
  (c)    Has failed to provide the assistance referred to in order 60; or  
  (d)    Is not, or has ceased to be, a fit and proper person.  
(11)       The approval and a revocation take effect:  
(a)    On the day specified in the written notice of the approval or revocation as the day the 
approval or revocation takes effect;  or 
(b)    If no such day is specified  — when written notice of the approval or revocation is 
given to the person concerned.  
(12) The Board must give the person concerned written notice of:  
  (a)   The reasons for the revocation; and  
 (b)   The person’s ri ght to apply for reconsideration of the decision.  
 
144.  
Restrictions on giving a permit  
(1) A permit must not be given under this Schedule for milk and milk products if the Board has 
reasonable grounds to believe that:  
(a)    A condition or disease that c ould affect the acceptability of milk and milk products 
is present; or  
(b)    The export, import, distribution, processing or trading of the milk and milk products 
could result in trade in E swatini  being adversely affected.  
(c) failure of permit holder to pay all the necessary fees  
(2)  A permit need not be given under this Schedule for milk and milk products if the Board has 
reasonable grounds to believe that:   
 
143 
 143 
(a)    Requirements for the milk and milk products is not complied with; or  
(b)   A person who applies in respect of the milk and milk products concerned has failed to 
provide the assistance required; or  
(c)A person applies in respect of the milk and milk products concerned have failed to 
comply with an applicable requirement of the Act or these Reg ulations.  
(d) Failure of the permit holder to pay all the necessary fees such as levy, licence fee and 
permit fee  
 
145.  
Allocation of permit number  
The Board must take all reasonable steps to ensure that permits given under this Schedule is 
allocated a unique identifying number at the time it is given (including generated).  
 
146.  
Variation and revocation of a permit  
(1)  The Board may, at the written request of a person who applies, vary a permit to:  
  (a)    Correct any error; or  
 (b)    Update the inf ormation; on the face of the permit.  
(2)   The Board may revoke a permit by giving a notice to a person who applies.  
(3)  The notice of revocation of a permit for milk and milk products may be given if the Board has 
reasonable grounds to believe that:  
(a)    A condition or restriction specified in these Regulations is not complied with; or  
 (b)    Requirements for the milk and milk products is not complied with; or  
 (c)    There is a risk the milk and milk products has deteriorated or is likely to deteriora te 
or is likely to be unfit for human consumption; or  
(d)    The intention to import, export or process the milk and milk products is abandoned; 
or 
(e)    Information given to the Board in relation to the milk and milk products is inaccurate 
or incomplete or does not have a sound basis; or  
(f)  There is  a condition or disease that could affect the acceptability of milk and milk 
products; or  
(g)    The import, export, distribution, trading or processing of the milk and milk products 
could result in trade bei ng adversely affected; or  
 (h)    A circumstance referred to in paragraphs 17.2 of this Schedule exists.  
 
 
 
 
  
 
144 
 144 
147.  
When a permit has effect  
(1)  A permit takes effect when it is issued or given (as the case may be).  
(2)   A permit ceases to have effect:  
 (a)    When it is revoked; or  
 (b)    In any other case  — at the end of a period of 30 calendar days after the day it takes effect.  
 
148. 
 Direction given by authorized officer prevails  
If the permit given is inconsistent with a written notice of a direction given by an authorized officer 
in accordance with these Regulations then the permit is, to the extent of the inconsistency, of no 
effect  
 
149.  
Application for a government permits  
(1)  A person may apply to the Ministry of Agriculture or the re levant ministry for the issue of a 
government permits in respect of milk and milk.  
(2)  The Ministry may accept information given in an application for a permit as satisfying any 
requirement to give the same information in an application for a government p ermit.  
 
150.  
Issue of government permits  
(1)  The ministry may issue a permit for milk and milk products if satisfied that the following are 
complied with:  
 (a)    The conditions and restrictions specified in these Regulations; and  
   (b)    The requireme nts for the milk and milk products; and  
 (c)    Any matters specified on the permits concerning milk and milk products.  
 
151.  
Restrictions on issuing a government permit  
(1) A permit must not be issued under section 150 of this Schedule if the ministry is satisfied that:  
(a)    A permit has not been issued or given for the milk and milk products or the permit 
has ceased to have effect; or  
(b)    The information given to the m inistry in, or in connection with, the application for 
the permit is inaccurate or incomplete or does not have a sound basis; or  
(c)    A condition or disease that is likely to affect the acceptability of milk and milk 
products to the importing or exportin g country; or   
 
145 
 145 
(d)    The export, import, processing, distribution or trading of the milk and milk products 
could result in trade in E swatini  being adversely affected.  
(2)  The ministry need not issue a permit under section 150 of this Schedule for milk and  milk 
products if satisfied that:  
 (a)    A person who applies has failed to provide the assistance required;  
 (b)    A person who applies has failed to comply with an applicable requirement of the Act 
and these Regulations.  
(3)  A government permit must n ot be issued under section 150 of this Schedule for manufacturing 
grade milk and substandard  and risky milk products or products not fit for human consumption.  
(4)  A government permit must not be issued under section 150 of this Schedule for milk and milk  
products for use for animal food  
(5)  The ministry may under section 150 of this Schedule issue a government permit that the nature 
and condition of milk and milk products for use for animal food.  
 
152.  
Giving information or documents about permits  
 
(1) (a) the  computer operating system under the control of the Board is the computer 
operating system for use for giving documents or information in relation to permits of milk 
and milk products; and  
(b)    the software system is the software interface system  for giving documents or 
information in relation to permits of milk and milk products; and  
(c)    any software operating system  listed in the document approved by the board and 
giving documents or information in relation to the permits of milk and milk pro ducts is a 
software operating system for that purpose.  
(2)  If the following are to be done electronically,  they must be done electronically by being 
transmitted using the systems specified:  
(a)    The giving of an application for a permit and an amendment  of an application for a 
permit;  
(b)    The issuing or giving of a permit.  
(3) Sub section 2 does not apply to permits issued under section 139 or 140 of this Schedule.  
(4) The following may be given electronically by being transmitted using the systems specified in 
sub section 1:  
  (a)    An application for a government and board permits;  
  (b)    A government and board permits.  
(5)  If a person has a disability, or a parti cular disability, the Board must take reasonable steps to 
ensure:  
(a)    the person has equal opportunity in relation to the issuing, giving and receiving of 
documents referred to in subsection 2  and 4; and  
(b)    The special needs the person may have in r elation the issuing, giving and receiving 
of the documents are met.   
 
146 
 146 
 
153.  
Inoperative system  
(1)  If a system described in sub section 1 of this Schedule is inoperative, the information must be 
given in the manner specified by the Board in writing.  
(2) Sub section 1 does not require the Board to specify the manner of giving information unless a 
system is inoperative.  
 
154. 
 Specifications for transmissions by the Board  
An electronic transmission made to a person (other than the Board) using the systems ref erred to 
in sub section 1 must be transmitted to the person as identified by the identifying code given to the 
person under section 157 of this Schedule.  
 
155.  
Authentication for transmissions to the Board  
The sender of  a transmission to the Board using t he systems referred to in sub section.1 must 
authenticate the transmission by including the sender’s identifying code.  
 
156.  
Requirements are specifications for the purposes of the Act and the regulations  
The requirements specified in section 152 to 155 o f this Schedule are specifications for the 
purposes of the Act and these regulations  
 
157.  
Allocation of user identifying code  
The Board must take all reasonable steps to ensure that an identifying code for use in electronic 
transmissions is given to each  person who may under subclauses section 141 (2) and (3) of this 
Schedule access the computer operating system for the purpose of the issue of permits.  
   
 
147 
 147 
Schedule 10   
 Approved auditors  
   
158.  
Approved auditors  
(1)   The Board must keep a register of approved auditors.  
(2)  The register must contain the following information about each approved auditor:  
 (a)    The auditor’s name; and  
 (b)    Whether the approval is for approval as an approved auditor of:  
 (i)    Operations for the preparation of milk and milk; or  
 (ii)    operations in farming, producing, importing,  exporting, processing, distributing, trading or 
manufacturing milk and milk products; or  
(iii)    Operations for the issue of permits; and  
(c)    If the approval is for approval as an appro ved auditor of operations for the preparation of 
milk and milk products — any limitations of the kind specified in section 162(3) (b) of this 
Schedule.  
(3)  The Board must ensure that the register can be readily accessed by members of the public. The 
applic ant must pay a registration and maintenance fees to the board. The fees are set or determined 
by the board.  
 
159.  
Application for approval  
(1)  An individual may make a written application for approval as an approved auditor of:  
  (a)    Operations for th e preparation of milk and milk products; or  
(b)   operations in farming, producing, importing, exporting, processing, distributing, 
trading or manufacturing milk  and milk products as food; or  
 (c)    Operations for the issue of permits.  
(2)   The application must be given to the Board and must be accompanied by:  
  (a)    Evidence of the applicant’s qualifications; and  
(b)    Details of the applicant’s experience relevant to the work of an auditor; and  
 (c)    Documented procedures for the conduct of audits by the applicant.  
(3)  An application for approval as an approved auditor of operations for the preparation of milk 
and milk products as food must specify:  
(a)    That approval of the applicant is sou ght for the audit of compliance with all of the 
following:  
(i)    All of the applicable requirements of the Act and these Regulations; and  
(ii)    All requirements of approved arrangements and their conditions; and   
 
148 
 148 
(iii)   All other relevant requirements f or all aspects of the preparation of all milk 
and milk products at all establishments; or  
 (b)    Must specify:  
 (i)    The requirements; and  
  (ii)   The aspects of preparation; and  
 (iii)   The milk and milk products; and  
(iv)   The establishments (including industries or industry sectors) of a particular kind; and 
in relation to which the approval of the auditor is sought.  
 
160.  
Request for information, documents or assessment  
The Board may request that the applicant do any of the following that t he Board reasonably 
requires in order to decide the application:  
 (a)    Provide further specified information or documents;  
 (b)    Submit to assessment by interview, audit or written examination, or any combination 
of those ways.  
 
161.  
Decision by the B oard  
(1) If the Board has not decided the application within 30 days after the day the application is 
received the Board is taken to have refused the application.  
 
162.  
Approval by the Board  
(1)  The Board may, by written notice given to the applicant, approv e the applicant as an auditor 
if the Board is satisfied that:  
(a)    The applicant has the necessary knowledge, training, skills and experience to 
competently carry out audits of the kind for which approval is sought; and  
(b)    The audits conducted by the  applicant will be objective, independent, fair and 
accurate and, unless stated otherwise in the audit report, will be complete; and  
(c)    The applicant will comply with the requirements of these Regulations; and  
(d)    The applicant will comply with docu mented procedures for the conduct of audits that 
are necessary to ensure:  
(i)    The matters specified in sub section 1 (b) and 1 (c) will be met; and  
(ii)    An accurate assessment can be made of whether the matters specified in sub 
section 1 (b) and 1 (c) are met; and  
(e)    The applicant will comply with the procedures referred to in sub section 1 (d); and  
(f)    The applicant is a fit and proper person   
 
149 
 149 
(2)  Without limiting the matters,  the Board may take into account for the purpose of being satisfie d 
of the matters specified in sub section 1, the Board may take into account any real or perceived 
conflict of interest that could arise if the applicant was to be approved.  
(3)  The notice of approval of an approved auditor of operations for the preparati on of milk and 
milk products:  
(a)   Must specify that the approval is for the audit of compliance with all of the 
requirements specified in section 159 (3) (a) of this Schedule for all aspects of the 
preparation of all milk and milk products at all establi shments; or  
  (b)    Must specify:  
 (i)    The requirements; and  
 (ii)    The aspects of preparation; and  
 (iii)    The milk and milk products; and  
 (iv)   The establishments (including industries or industry sectors) of a particular 
kind; and in relation to which the approval of is given.  
 
Identity cards  
The Board may issue to an approved auditor an identity card in a form approved by the Board.  
If a person in possession of an identity card issued ceases to be an approved auditor, the person 
must forthwith return the identity card to the Board or a person nominated by the Board.  
 
163.  
When the Board need not approve an auditor  
The Board need not appr ove the applicant as an auditor if the applicant:  
(a)    Either alone or jointly with another person owes any amount payable to the board; or  
(b)    has, in an application or other document given to the Board, or in a document or 
information required to be  made or given under the Act, the Regulations or a condition of 
the approval of the auditor made a statement that is:  
 (i)    False, misleading, or incomplete; or  
   (ii)   For which there is no sound basis for making the statement.  
 
164.  
Notice of decisi on 
If the Board decides not to approve the applicant as an approved auditor the Board must give the 
applicant written notice of:  
 (a)    The decision and the reasons for the decision; and  
 (b)    The applicant’s right to apply for reconsideration of the d ecision.  
 
 
  
 
150 
 150 
165.  
Approval may be subject to conditions  
(1)           The Board may:  
(a)    Approve a person as an approved auditor subject to conditions specified in the notice 
of approval; and  
(b)    By written notice given to the approved auditor impose  new conditions or vary or 
revoke the conditions.  
(2)  The conditions must be for the purpose of ensuring that the matters specified in section 162 
(1) (a) to (e) of this Schedule are met.  
 
166. 
 How long approval lasts  
(1)  The approval of a person as an auditor takes effect on:  
(a)    the day specified in the notice given under section 162 of this Schedule as being the 
day the approval takes effect; or  
(b)    If no day is so specified  — the day that the notice is given to the person.  
(2)  However, if the auditor must pay the fees to the board the approval does not begin to have 
effect until the fees are paid.  
(3)  The approval of a person as an auditor ceases to have effect:  
(a)    at the end of 12 months after the day specified in sub section 1 as the day  the approval 
takes effect; or  
 (b)    When it is revoked; whichever  occurs first.  
 
167.  
Assessing the competence of approved auditor  
(1)  The Board may assess the competence of an approved auditor, as often as the Board thinks 
necessary.  
(2)  Without lim iting sub section 1 the assessment may include:  
(a)    An examination of reports made by the auditor in the course of auditing operations; 
and 
(b)    An audit of at least one operation that was audited under these Regulations within the 
previous six months  by the auditor; and  
 (c)    Observing the auditor while he or she is conducting an audit.  
 
168.  
Revocation of approval of auditor  
(1)  The Board may by written notice revoke the approval of a person as an approved auditor if the 
Board:  
  (a)    Is satisfied that the applicant is not a fit and proper person.   
 
151 
 151 
(b)    has reasonable grounds to believe the person does not have the necessary knowledge, 
training, skills or experience to competently carry out audits of the kind for which approval 
is given o r the person has failed to show reasonable competence in audit work; or  
(c)    has reasonable grounds to believe an audit conducted or an audit report prepared by 
the person is not objective, independent, fair, accurate or complete (and the audit report 
fails to give sound reasons why the audit is incomplete); or  
(d)    Has reasonable grounds to believe the person has failed to comply with a requirement 
of these Regulations  or a condition of the approval of the person as an approved auditor; 
or 
(e)    Has reasonable grounds to believe the person has in an application or other document 
given to the Board or in a document or information required to be made or given under the 
Act, the Regulations or a condition of the approval of the person as an approved audit or 
made a statement that is:  
   (i)    False, misleading, or incomplete; or  
   (ii)   For which there is no sound basis for making the statement.  
(2)  Without limiting the matters,  the Board may take into account for the purpose of forming a 
view as to the  matters specified in subclause 11.1, the Board may take into account any real or 
perceived conflict of interest.  
(3)         The revocation takes effect:  
(a)    on the day specified in the written notice of revocation given to the auditor concerned 
as bei ng the day it takes effect; or  
(b)    If no such day is specified  — when the written notice is given to the auditor 
concerned.  
(4)   The Board must give the auditor concerned written notice of:  
 (a)    The reasons for the revocation; and  
 (b)    The auditor’s right to apply for reconsideration of the decision.  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
152 
 152 
 
 
Schedule 11  
Classes, Standards and Quality for Milk and Milk Products  
 
169.  
Classes of primary, modified and composite dairy products  
 
(1) Classes, standard and quality of milk, milk products and milk related products must comply 
with the relevant schedules and recognised National, Regional and International standard 
setting bodies such as Eswatini Standards Authority, Milk South Africa, Milk  producers 
Organisation (SA), International Dairy Federation, World organisation for Animal Health 
(OIE) Codex Alimentarius, Food and Agricultural Organisation(FAO) and the 
International Organisation for Standardisation (ISO)  
(2) Generally, international setti ng bodies are categorised as below  
 Food standards with Codex Alimentarius and FAO  
 Animal health and welfare standards with OIE  
 Standards for Methods of analysis and sampling with IDF/ISO, AOAC, USP  
 Standards for milking machines, dairy safety and quality management systems, 
environmental standards etc. with ISO and other organizations  
     (3)  Primary, modified, composite dairy products and related products shall, in the case of a 
type of product be specified.   
 
170.  
Standards for primary, modified, comp osite dairy products and related products  
 
 (1) A product that is classified as being of a class referred here shall -- 
(a) Have a clean and characteristic flavour;  
(b) Be free of any substance that does not naturally form part of milk; and  
(c) Comply with  the applicable standards specified  
(2) 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  
(4) The composite dairy product must be free of any substance that does not naturally form 
part of milk or the foodstuff that has been added thereto.  
  
 
153 
 153 
171.  
Standards for milk  
 
 (1) A dairy product of the type known as milk, recombined, reconstituted milk and related 
milk product shall;  
(a) Not clot when boiled for five minutes; and  
 
(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 “m ilkshake” if the product shows thickening after 
agitation.  
  
 154 
Table 1: Classes of and standards for  milk, milk products and milk related products  
 
Type of 
primary dairy 
product  Class 
designation  Alternate class  
designation  Milk fat 
content 
(%)(m/m)  Minimum milk 
solids  
not fat content  Minimum 
milk protein 
content 
calculated 
on a fat free 
basis 
(%)(m/m)  pH-
value  
at  25 
°C Maximu
m 
freezing 
point (°C)  Addition
al 
requirem
ents 
calculat
ed 
on the  
total  
content  
(%)(m/
m) calculate
d 
on a 
fat-free 
basis  
(%)(m/m
) 
1 2 3 4 5 6 7 8 9 10 
Milk  High Fat Milk  High fat milk  More than 4.5  8.2 8.6 3 6. 5 6 to 
6.8 -0.512   
Full fat milk  Full cream 
Milk/Whole 
Milk/ Milk  
  3.3 - 4.5 8.3 8.6 3 6. 5 6 to 
6.8 -0.512    
 
155 
 155 
Type of 
primary dairy 
product  Class 
designation  Alternate class  
designation  Milk fat 
content 
(%)(m/m)  Minimum milk 
solids  
not fat content  Minimum 
milk protein 
content 
calculated 
on a fat free 
basis 
(%)(m/m)  pH-
value  
at  25 
°C Maximu
m 
freezing 
point (°C)  Addition
al 
requirem
ents 
calculat
ed 
on the  
total  
content  
(%)(m/
m) calculate
d 
on a 
fat-free 
basis  
(%)(m/m
) 
1 2 3 4 5 6 7 8 9 10 
Medium fat 
Milk;  ;  2%  medium fat 
milk;  2 % 
Reduced fat 
milk;  
Reduced fat milk  
  1.5- 3.3 8.4 8.6 3 6. 5 6 to 
6.8 -0.512   
Low fat milk  *  0.5- 1.5 8.4 5 8.6 3 6. 5 6 to 
6.8 -0.512   
Skim(med) milk  Fat free Milk  Less than 0.5  8.6 8.6 3 6. 5 6 to 
6.8 -0.512    
 
156 
 156 
Type of 
primary dairy 
product  Class 
designation  Alternate class  
designation  Milk fat 
content 
(%)(m/m)  Minimum milk 
solids  
not fat content  Minimum 
milk protein 
content 
calculated 
on a fat free 
basis 
(%)(m/m)  pH-
value  
at  25 
°C Maximu
m 
freezing 
point (°C)  Addition
al 
requirem
ents 
calculat
ed 
on the  
total  
content  
(%)(m/
m) calculate
d 
on a 
fat-free 
basis  
(%)(m/m
) 
1 2 3 4 5 6 7 8 9 10 
Unsweetened 
condensed milk  
Unsweetened 
condensed milk  
 Unsweetened 
condensed high  
fat milk  
 
 
 Unsweetened 
evaporated high 
cream milk; 
unsweetened 
condensed high 
fat milk; 
unsweetened 
evaporated high 
fat milk;  More than 9  
 
 * 
 * 
  
3.4 * 
 * 
 maximum
moisture 
content 
(%)(m/m)
: 75 
  
 
157 
 157 
Type of 
primary dairy 
product  Class 
designation  Alternate class  
designation  Milk fat 
content 
(%)(m/m)  Minimum milk 
solids  
not fat content  Minimum 
milk protein 
content 
calculated 
on a fat free 
basis 
(%)(m/m)  pH-
value  
at  25 
°C Maximu
m 
freezing 
point (°C)  Addition
al 
requirem
ents 
calculat
ed 
on the  
total  
content  
(%)(m/
m) calculate
d 
on a 
fat-free 
basis  
(%)(m/m
) 
1 2 3 4 5 6 7 8 9 10 
Unsweetened 
condensed full 
fat milk  
 
 
 Unsweetened 
evaporated full 
cream milk; 
unsweetened 
condensed milk; 
unsweetened 
evaporated milk; 
unsweetened 
condensed full 
cream milk; 
evaporated milk,  7.5 - 9 
 
 * 
 * 
  * 
 * 
 maximum
moisture 
content 
(%)(m/m)
: 75 
  
 
158 
 158 
Type of 
primary dairy 
product  Class 
designation  Alternate class  
designation  Milk fat 
content 
(%)(m/m)  Minimum milk 
solids  
not fat content  Minimum 
milk protein 
content 
calculated 
on a fat free 
basis 
(%)(m/m)  pH-
value  
at  25 
°C Maximu
m 
freezing 
point (°C)  Addition
al 
requirem
ents 
calculat
ed 
on the  
total  
content  
(%)(m/
m) calculate
d 
on a 
fat-free 
basis  
(%)(m/m
) 
1 2 3 4 5 6 7 8 9 10 
Unsweetened 
condensed 
medium fat milk  
 Unsweetened 
condensed  
reduced -fat milk; 
Medium -fat 
unsweetened 
evaporated milk; 
reduced -fat 
unsweetened 
evaporated milk;  2-5  * * 3.4 * * maximum
moisture 
content 
(%)(m/m)
: 77 
 
Unsweetened 
condensed fat 
free milk  
 
 Unsweetened 
evaporated fat 
free milk; 
unsweetened 
condensed 
skim(med) milk  Less than 1  * *  
3.4 * * maximum
moisture 
content 
(%)(m/m)
: 80 
  
 
159 
 159 
Type of 
primary dairy 
product  Class 
designation  Alternate class  
designation  Milk fat 
content 
(%)(m/m)  Minimum milk 
solids  
not fat content  Minimum 
milk protein 
content 
calculated 
on a fat free 
basis 
(%)(m/m)  pH-
value  
at  25 
°C Maximu
m 
freezing 
point (°C)  Addition
al 
requirem
ents 
calculat
ed 
on the  
total  
content  
(%)(m/
m) calculate
d 
on a 
fat-free 
basis  
(%)(m/m
) 
1 2 3 4 5 6 7 8 9 10 
Sweetened 
condensed milk  
 Sweetened 
condensed high 
fat milk  
 
 
 Sweetened 
evaporated high 
cream milk; 
Sweetened 
condensed high 
fat milk; 
Sweetened 
evaporated high 
fat milk;  
  
More than 9  
  
 
 
       
 
160 
 160 
Type of 
primary dairy 
product  Class 
designation  Alternate class  
designation  Milk fat 
content 
(%)(m/m)  Minimum milk 
solids  
not fat content  Minimum 
milk protein 
content 
calculated 
on a fat free 
basis 
(%)(m/m)  pH-
value  
at  25 
°C Maximu
m 
freezing 
point (°C)  Addition
al 
requirem
ents 
calculat
ed 
on the  
total  
content  
(%)(m/
m) calculate
d 
on a 
fat-free 
basis  
(%)(m/m
) 
1 2 3 4 5 6 7 8 9 10 
Sweetened 
condensed full 
fat milk  
 
 
 Sweetened 
evaporated full 
cream milk; 
sweetened 
condensed milk; 
sweetened 
evaporated milk; 
sweetened 
condensed full 
cream milk; 
evaporated milk,  
 7.5 - 9 
  
 
       
 
161 
 161 
Type of 
primary dairy 
product  Class 
designation  Alternate class  
designation  Milk fat 
content 
(%)(m/m)  Minimum milk 
solids  
not fat content  Minimum 
milk protein 
content 
calculated 
on a fat free 
basis 
(%)(m/m)  pH-
value  
at  25 
°C Maximu
m 
freezing 
point (°C)  Addition
al 
requirem
ents 
calculat
ed 
on the  
total  
content  
(%)(m/
m) calculate
d 
on a 
fat-free 
basis  
(%)(m/m
) 
1 2 3 4 5 6 7 8 9 10 
Sweetened 
condensed 
medium fat milk  
 
 
 Sweetened 
condensed  
reduced -fat milk; 
Medium -fat 
sweetened 
evaporated milk; 
reduced -fat 
sweetened 
evaporated milk;   
 
2-5     
 
     
 
162 
 162 
Type of 
primary dairy 
product  Class 
designation  Alternate class  
designation  Milk fat 
content 
(%)(m/m)  Minimum milk 
solids  
not fat content  Minimum 
milk protein 
content 
calculated 
on a fat free 
basis 
(%)(m/m)  pH-
value  
at  25 
°C Maximu
m 
freezing 
point (°C)  Addition
al 
requirem
ents 
calculat
ed 
on the  
total  
content  
(%)(m/
m) calculate
d 
on a 
fat-free 
basis  
(%)(m/m
) 
1 2 3 4 5 6 7 8 9 10 
Sweetened 
condensed 
skim(med) milk  
 
 
 Sweetened 
evaporated 
skim(med) milk  Less than  1  *     
Flavoured Milk  High Fat 
flavoured Milk  * More than 4.5  * * 3    
 Full fat flavoured 
milk / full cream 
flavoured Milk  Flavoured Milk  3.3 - 4.5 * * 3     
 
163 
 163 
Type of 
primary dairy 
product  Class 
designation  Alternate class  
designation  Milk fat 
content 
(%)(m/m)  Minimum milk 
solids  
not fat content  Minimum 
milk protein 
content 
calculated 
on a fat free 
basis 
(%)(m/m)  pH-
value  
at  25 
°C Maximu
m 
freezing 
point (°C)  Addition
al 
requirem
ents 
calculat
ed 
on the  
total  
content  
(%)(m/
m) calculate
d 
on a 
fat-free 
basis  
(%)(m/m
) 
1 2 3 4 5 6 7 8 9 10 
 Medium fat 
flavoured milk / 
Reduced  fat 
flavoured milk / 
Medium cream 
flavoured milk  2%Fat  
Flavoured milk   1.5- 3.3 * * 3    
 Lowfat flavoured  
Milk   0.5 - 1.5 * * 3    
 Fat free flavoured 
Milk  Skim(med) 
Flavoured milk  Less than 0.5  * * 3    
  
 164 
 
Table 1a: Indication of heat treatment for milk  
 
 
 
  
Pasteurised milk   
Ultra -
pasteurised  
milk   
UHT Milk   
Sterilised Milk  
1 2 3 4 5 
 
Phosphatase   
Negative   
Negative   
Negative   
Negative  
 
Peroxidase   
Positive   
Negative   
Negative   
Negative  
 
B-Lactoglobulin   
> 2600mg/litre   
2000 – 2600 
mg/litre   
50 - 2000 mg/ 
litre  
< 50mg/litre  
 
Lactulose   
Not detectable   
< 50mg/litre   
50 - 600mg/litre   
>600mg/litre  
 
172.  
 Standards for Cultured Milk  
 
 (1) A primary dairy product of the type known as cultured milk shall:  
(a) be obtained from heat treated milk and/or reconstituted or recombined 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 la ctic acid or lactic 
acid and aroma producing micro -organisms per gram of a product  
 
 
 
 
 
 
 
 
  
 
165 
 165 
Table 2: Classes of and standards for cultured milk  
 
Type of 
primary 
dairy 
product  Class 
designatio
n Alternate 
Class 
Designation  Milk fat 
content 
(%) 
(m/m)  Minimum  milk 
solids non -fat 
content  Minimu
m milk 
protein 
content 
calculat
ed on a 
fat free 
basis 
(%) 
(m/m)  pH- 
value  
Calcula
ted on 
the total 
content 
(%) 
(m/m)  Calculate
d on a fat 
free basis 
(%) 
(m/m)  
1 2 3 4 5 6 7 8 
Cultured 
milk Cultured 
high-fat 
milk High -fat 
emasi; High -
fat Emasi; 
High -fat 
Emasi;  
High fat sour 
milk More 
than 4.5  8.2 8.6 3.0  Less 
than 4.6  
 Cultured 
full-fat 
milk Sour milk;  
Emasi; 
Emasi;  
Emasi;  
Cultured full 
cream milk; 
Full cream 
emasi;  
Full cream 
emasi  3.3 – 4.5  8.3 8.6 3.0  Less 
than 4.6  
Cultured 
medium 
fat milk  Cultured 
reduced fat 
milk; 
Reduced fat 
emas(z)i; 
Medium fat 
emas(z)i; 
Reduced fat 
sour milk; 
Medium fat 
sour milk;  
 1.5-3.3 8.4 8.6 3.0 Less 
than 4.6   
 
166 
 166 
Type of 
primary 
dairy 
product  Class 
designatio
n Alternate 
Class 
Designation  Milk fat 
content 
(%) 
(m/m)  Minimum  milk 
solids non -fat 
content  Minimu
m milk 
protein 
content 
calculat
ed on a 
fat free 
basis 
(%) 
(m/m)  pH- 
value  
Calcula
ted on 
the total 
content 
(%) 
(m/m)  Calculate
d on a fat 
free basis 
(%) 
(m/m)  
1 2 3 4 5 6 7 8 
Cultured 
low-fat 
milk Low-fat sour 
milk; Low -
fat emasi;  
Low-fat emas 
(z)i 0.5 – 1.5  
 8. 5 8.6 3.0  Less 
than 4.6  
 Cultured 
fat-free 
milk Cultured 
skim(med) 
milk; 
Skim(med) 
sour milk;  
Fat-free sour 
milk; 
Skim(med) 
emasi; Fat -
free emasi; 
Skim(med) 
emas(z)i; 
Fat-free 
emas(z)i  Less 
than 0.5  8.6 8.6 3.0  Less 
than 4.6  
 
173. 
Standards for Buttermilk & Cultured buttermilk  
 
(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 pasteurised 
milk and/or reconstituted or recombined milk, soured by inoculation with a butter 
culture or lactic acid, or lactic acid and aroma producing culture and must 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   
 
167 
 167 
             
 
 
 
Type of primary 
dairy product  Class 
Designation  Alternate Class 
Designation  Milk fat content 
(%)(m/m ) Min solid 
non-
fat(calc on 
total 
content)  
 pH-value  
 
1 2 3 4 5 6 
 
Buttermilk  
 
 High -fat 
buttermilk  * More than 4.5   
6.0  
* 
Full-fat 
buttermilk  
 Buttermilk  3.3 – 4.5 
6.0 * 
Medium fat 
buttermilk  Reduced fat 
buttermilk  1.5-3.3 6.0 * 
Low-fat 
buttermilk  * 0.5 – 1.5 
 6.0 * 
Fat-free 
buttermilk  
 Skim (med) 
buttermilk*  Less than 0.5  
6.0 * 
Cultured 
buttermilk  Cultured high -fat 
buttermilk  * More than 4.5   
8.3  
Less than 
4.6  
Cultured full -fat 
milk Cultured milk  3.3 – 4.5  
8.3  
Less than 
4.6  
Medium fat 
buttermilk  Reduced fat 
buttermilk  1.5 - 3.3 8.3 Less than 
4.6 
Cultured low -fat 
buttermilk  * 0.5 – 1.5 
  
8.3   
 
168 
 168 
 
Table 3:  Classes of and standards for buttermilk & cultured butter milk  
 
174. 
 Standards for Yoghurt  
 
(1) A primary dairy product of the type known as yoghurt shall;  
(a) Be manufactured mainly from the primary dairy products known as milk or recombined 
milk or rec onstituted milk;  
(b) After pasteurisation be fermented with a yoghurt culture;  
(c) Contain at least 107 CFU of viable yoghurt culture per gram of a product.  
 
 
Table 4: Classes of and standards for yoghurt  
 
Type of 
primary 
dairy 
product  Class 
Designation  Alternate class 
designation  Milk Fat 
content  
%(m/m)  Minimum Milk 
solids non -fat 
content  Minimu
m Milk 
Protein 
content  
(%) 
(m/m)  Calculate
d on the 
total 
content 
(%) 
(m/m)  Calcula
ted on 
the fat 
free 
basis 
(%) 
(m/m)  
1 2 3 4 5 6 7 
 
Yoghurt   
High -fat 
yoghurt   
Double – cream 
yoghurt   
More than 4.5   
8.2  
8.6  
2.7 Less than 
4.6  
Cultured fat -free 
buttermilk  Skim(med) 
cultured 
buttermilk*  Less than 0.5   
8.3  
Less than 
4.6   
 
169 
 169 
 
  
Full-fat yoghurt   
Yoghurt; Full - 
cream milk 
yoghurt; Full - 
cream yoghurt   
3.3 - 4.5  
8.2  
8.6 2.7 
 Medium fat 
yoghurt  Reduced fat 
yoghurt  1.5-3.3 8.2 8.6 2.7 
 
  
Low-fat yoghurt   
 –   
0.5-1.5  
 8.4  
8.5  
2.7 
 
  
Fat-free yoghurt   
Skim(med) milk 
yoghurt   
Less than 0.5   
8.6  
8.6  
2.7 
 
175. 
Standards for yoghurt with added foodstuffs and additives  
 
(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) Comply with the applicable standards specified;  
(c) Shall be manufactured mainly from the primary dairy products known as milk, or 
reconstituted or recombined milk;  
(d) Be fermented with  a yoghurt culture; and  
(e) Contain at least 107 CFU of viable yoghurt -type micro -organisms per gram of a product  
(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 c ent on a mass to mass basis.   
(3) 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 o f -- 
(a) High -fat yoghurt with added foodstuffs be at least 15.0  per cent (m/m);  
(b) full -fat yoghurt with added foodstuffs be at least 14,5  per cent (m/m);  
(c) medium -fat yoghurt with added foodstuffs be at least 14, 0  per cent (m/m);  
(d) low -fat yoghu rt with added foodstuffs be at least 13.5 per  cent (m/m); and  
(e) fat -free yoghurt with added foodstuffs be at least 13,0  per cent (m/m).  
  
 
170 
 170 
(4) The total dry matter content of a composite dairy product of the type known as yoghurt 
with added fruit and addit ives, which has been sweetened with a non -nutritive sweetener, 
shall in the case of -- 
(a) High -fat yoghurt with added foodstuffs be at least 15.0  per cent (m/m);  
(b) full -fat yoghurt with added foodstuffs be at least 14,5  per cent (m/m);  
(c) medium -fat yoghurt with added foodstuffs be at least 14,0  per cent (m/m);  
(d) low -fat yoghurt with added foodstuffs be at least 13.5 per  cent (m/m); and  
(e) fat -free yoghurt with added foodstuffs be at least 13,0  per cent (m/m).  
 
(5) The total dry mat ter content of a composite dairy product of the type known as yoghurt 
with added foodstuffs and fruit, and which has been sweetened with a non -nutritive 
sweetener, shall, in the case of -- 
(a) High -fat yoghurt with added foodstuffs be at least 15.0  per cent (m/m);  
(b) full -fat yoghurt with added foodstuffs be at least 14,5  per cent (m/m);  
(c) medium -fat yoghurt with added foodstuffs be at least 14,0  per cent (m/m);  
(d) low -fat yoghurt with added foodstuffs be at least 13.5 per  cent (m/m); and  
(e) fat -free yoghurt with added foodstuffs be at least 13,0  per cent (m/m).  
 
(6) Drinking yoghurt and pouring yoghurt shall be obtained by mixing the type of yoghurt 
specified with potable water  
(a) Shall contain a minimum 40 % of the type of yoghurt concerned.;  
(b) Contain minimum of 2.7 % (m/m) protein  
 
(7) If a specific microorganism is used in conjunction with a sale of any type of yoghurt, it 
must contain at least 107 CFU per gram of a product of that specified microorganism.  
 
  
 171 
Table 5:  Classes 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 
matter  
content 
(%)(m/m)   
 
Minimum 
milk Protein 
Content   
Additional 
Requirement
s 
1 2 3 4 5 6 7 
 
1. Fruit yoghurt   
High -fat fruit 
yoghurt  
  
Double -cream fruit 
yoghurt   
More than 4.5   
At least 18.0   
2.7  
Full-fat fruit 
yoghurt  Full-milk fruit 
yoghurt; Full -cream 
milk fruit yoghurt; 
Fruit yoghurt; Full -
cream fruit yoghurt   3.3-4.5 At least 17.5  2.7  
Medium fat yoghurt  
 Reduced fat 
yoghurt  1.5-3.3  2.7  
Low-fat fruit 
yoghurt  
 -  0.5-1.5  More than 17.0  2.7  
Fat-free fruit 
yoghurt  Skim(med) milk 
fruit yoghurt; Less than  0.5  More than 16.5  2.7   
 
172 
 172 
 
Type of composite 
dairy product   
Class designation   
Alternate class 
designation   
Milk -fat 
content  
(%)(m/m)   
Total dry 
matter  
content 
(%)(m/m)   
 
Minimum 
milk Protein 
Content   
Additional 
Requirement
s 
1 2 3 4 5 6 7 
Skim(med) fruit 
yoghurt  
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 4.5  More than 18.0  2.7  
Full-fat yoghurt 
with (name of 
added foodstuff)  
 Full-cream yoghurt 
with (name of 
added foodstuff)  3.3 – 4.5 More than 17.5  2.7  
Medium -fat 
yoghurt with (name 
of added foodstuff)  
 Reduced -fat 
yoghurt with (name 
of added foodstuff)  
 1.5-3.3 More than 17.0  2.7  
Low-fat yoghurt 
with (name of 
added foodstuff)  
 -  0.5 - 1.5 More than 17.0  2.7   
 
173 
 173 
 
Type of composite 
dairy product   
Class designation   
Alternate class 
designation   
Milk -fat 
content  
(%)(m/m)   
Total dry 
matter  
content 
(%)(m/m)   
 
Minimum 
milk Protein 
Content   
Additional 
Requirement
s 
1 2 3 4 5 6 7 
Fat-free yoghurt 
with (name of 
added foodstuff)  - less than 0.5  More than 16.5  2.7  
2. Yoghurt with 
added foodstuffs  
and  fruit  High fat yoghurt 
with (name of 
added foodstuff and 
fruit)  Double cream 
yoghurt with (name 
of added foodstuff 
and fruit)  More than 4.5  More than 18.0  2.7  
Full-fat yoghurt 
with (name of 
added foodstuff)  
 Full-cream yoghurt 
with (name of 
added foodstuff and 
fruit)  3.3 – 4.5 More than 17.5  2.7  
Medium -fat 
yoghurt with (name 
of added foodstuff)  
 Reduced -fat 
yoghurt with (name 
of added foodstuff)  
 1.5-3.3 More than 17.0  2.7  
Low-fat yoghurt 
with (name of 
added foodstuff and 
fruit)  - 0.5-1.5 More than 17.0  2.7   
 
174 
 174 
 
Type of composite 
dairy product   
Class designation   
Alternate class 
designation   
Milk -fat 
content  
(%)(m/m)   
Total dry 
matter  
content 
(%)(m/m)   
 
Minimum 
milk Protein 
Content   
Additional 
Requirement
s 
1 2 3 4 5 6 7 
 
Fat-free yoghurt 
with (name  of 
added foodstuff 
and) 
 - less than 0.5  More than 16.5  2.7   
 175 
176. 
 Standards for Cream  
 
(1) A primary dairy product of the type known as cream and cultured cream shall -- 
(a) Comply with the provisions of the regulation.  
 
(2) In the case of cultured cream -- 
(a) Be soured by inoculation with a lactic acid or lactic acid and aroma producing culture; 
and  
(b) Contain at least 107 CFU of viable lactic acid or lactic acid and aroma producing micro -
organisms per gram of a product.  
 
Table 6: Classes 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 6 
1. Cream  
 
 
 
 
 
 
 
 Double  
cream   More than 
45 
 8.6  
6.5 – 6.8 
Whipping 
cream  
 Cream; thick 
cream; 
Whipped 
cream  
 30-45 8.6 
  
 
6.5 – 6.8 
Whipped 
cream  
  
-  25 - 30 
 8.6 
  
6.5 – 6.8 
Dessert 
cream  
 Cooking 
cream  
 20- 25 8.6 
  
6.5 – 6.8 
Medium fat 
cream  Thin cream; 
Pouring 
cream; 
Coffee cream  7.5-15 
 8.6 
  
 
6.5 – 6.8  
 
176 
 176 
Reduced fat 
cream.  
Acidified 
cream  * More than 
20 8.6 Less than 4.6  
Medium fat 
acidified 
cream  Reduced fat 
acidified 
cream  7.5-15 
 8.6 Less than 4.6  
Cultured 
cream  Sour cream  More than 
20 8.6 
 Less than 4.6 
Medium fat 
cultured 
cream  Medium fat 
sour cream; 
Reduced fat 
cultured 
cream 
Reduced sour 
cream  7.5-15 
 8.6 Less than 4.6  
 
 
177.  
Standards for Cheese and cheese with added foodstuffs  
 
 (1) A primary dairy product of the type known as cheese and cheese with added foodstuffs 
shall;  
(a) be manufactured by coagulating wholly or partly the protein of milk, skimmed milk, 
low- fat milk, cream, whey or butter milk, or any combination of these materials, through 
the action of rennet or other suitable coag ulating agents, and partially draining the whey 
resulting from the coagulation; and  
(b) Comply with the provisions of the regulation.  
 
(2) Cheese and cheese with added foodstuffs may --  
(a) Be ripened or unripened soft, semi -soft, semi -hard or hard produc t and can be coated 
with wax or another protective substance; and  
(b)The fat -in-dry-matter content of cheese with added foodstuffs may be up to five per cent 
less and the dry matter content be up to 5 per cent more than that required for cheese of the 
class designation concerned  
 
 
 
  
 
177 
 177 
 
Classes and standards for cheese  
 
 
Table 7: Classes of and standards for cheese  
 
Type of 
cheese  Class 
designation  Alternative 
class 
designation  Fat in dry matter 
content  Minimu
m dry 
matter 
content 
(%)(m/m
) Minimu
m 
ripening 
period 
(weeks)  Minimu
m 
(%)(m/
m) Maxim
um 
(%)(m/
m) 
1 2 3 4 5 6 7 
1. Hard 
cheese  High -fat 
cheese  Unspecified  60 * 56 * 
Full-fat 
cheese  Cacciocavallo  45 55 64 20 
Mature Cheddar  48 55 62 25 
Cheddar  48 55 61 6 
Emmental  45 55 60 8 
Gruyère  45 55 62 8 
Provolone  45 55 51 8 
Asiago  45 55 63 20 
Samsø  45 55 56 6 
Pecorino  45 55 60 12 
Unspecified  45 56 60 5 
Medium/ 
Reduced -fat 
cheese  
 Parmesan  25 44 64 25 
Pecorino  25 44 56 12 
Medium/ 
reduced -fat 
cheddar  35 * 58 * 
Unspecified  10 44 52 8  
 
178 
 178 
Type of 
cheese  Class 
designation  Alternative 
class 
designation  Fat in dry matter 
content  Minimu
m dry 
matter 
content 
(%)(m/m
) Minimu
m 
ripening 
period 
(weeks)  Minimu
m 
(%)(m/
m) Maxim
um 
(%)(m/
m) 
1 2 3 4 5 6 7 
 
 
2. Semi -
hard cheese  
  High -fat 
cheese  Drakensberg  56 * 56 * 
Unspecified  60 * 60 1 
High -fat blue 
mould cheese  Unspecified  60 * 56 6 
(Full -fat) 
cheese  Feta 45 59 45 * 
Cheshire  48 59 56 4 
Gouda or Sweet 
milk 48 59 55 4 
Mature Gouda  48 60 58 18 
Baby Gouda  48 60 55 4 
Harvati  45 59 52 6 
Tilsiter  45 59 53 4 
Mozzarella  45 59 45 * 
Danbo  45 59 53 6 
Halloumi  45 59 52 * 
Washed curd 
cheese  45 59 52 4 
Unspecified  45 59 50 4 
(Full -fat) blue 
mould cheese  Blue Stilton  45 60 56 6 
Wensleydale  50 60 56 6 
Unspecified  50 59 56 6  
 
179 
 179 
Type of 
cheese  Class 
designation  Alternative 
class 
designation  Fat in dry matter 
content  Minimu
m dry 
matter 
content 
(%)(m/m
) Minimu
m 
ripening 
period 
(weeks)  Minimu
m 
(%)(m/
m) Maxim
um 
(%)(m/
m) 
1 2 3 4 5 6 7 
(Full -fat) 
white mould 
cheese  Stilton: White 
Stilton  50 60 56 6 
Wensleydale  50 60 56 6 
Unspecified  50 59 50 6 
 Medium fat 
cheese: 
Reduced -fat 
cheese  
 Edam  40 44 47 4 
Cumin  40 44 53 4 
Medium/ 
Reduced -fat 
Mozzarella  
Medium/reduce
d fat Gouda  30 
38 44 34 * 
Unspecified  10  44 45 * 
Medium fat 
white mould 
cheese  
; Reduced  -fat 
white mould 
cheese  
 
 Unspecified  * 10 * * 
3. Semi -Soft 
cheese  High -fat 
cheese  Unspecified  60 * 55 * 
 Full fat cheese  Unspecified  45 59 48 * 
Full-fat white 
mould cheese  St Paulin  45 59 48 4 
Camembert  45 59 44 1 
Bel Paese  45 60 50 * 
Brie 45 59 44 1  
 
180 
 180 
Type of 
cheese  Class 
designation  Alternative 
class 
designation  Fat in dry matter 
content  Minimu
m dry 
matter 
content 
(%)(m/m
) Minimu
m 
ripening 
period 
(weeks)  Minimu
m 
(%)(m/
m) Maxim
um 
(%)(m/
m) 
1 2 3 4 5 6 7 
Full-fat blue 
mould  Unspecified  48 54 50 2 
Medium/ 
Reduced fat 
cheese  Robiola  
Roquefort  
Gorgonzola  35 
50 
50 44 
60 
60 35 
56 
56 * 
6 
6 
Unspecified  25 44 * * 
Medium/ 
Reduced -fat 
white mould 
cheese  Brie 40 44 44 1 
  Camembert  40 44 44 1 
Unspecified  * 10 20 * 
 
4. Soft 
cheese  
  
High -fat 
cheese   
Unspecified   
60  
*  
50  
* 
(Full -fat) 
cheese  Limburger  45 60 38 * 
Romadur  45 60 40 * 
Unspecified  45 59 40 * 
Full-fat white 
mould cheese  Unspecified  50 59 45 * 
Medium -/ 
Reduced fat 
cheese  Medium/ 
Reduced -fat 
ricotta  25 44 25 * 
Unspecified  25 44 * * 
Coulommiers  40 44 44 2  
 
181 
 181 
Type of 
cheese  Class 
designation  Alternative 
class 
designation  Fat in dry matter 
content  Minimu
m dry 
matter 
content 
(%)(m/m
) Minimu
m 
ripening 
period 
(weeks)  Minimu
m 
(%)(m/
m) Maxim
um 
(%)(m/
m) 
1 2 3 4 5 6 7 
Medium/ 
Reduced -fat 
white mould 
cheese  
 Reduced -fat 
ricotta  25 44 * * 
Unspecified  * 10 20 * 
 
* Not specified  
 
178.  
Standards for processed cheese and cheese spread  
 
(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;  
(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 these regulations.  
 
(2) If a designation is used in connection with the sale thereof, consist of at least 50 per  cent 
of the cheese concerned:  Provided that th e 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.  
 
 
 
 
 
 
 
  
 
182 
 182 
Table 8: Classes 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)  Minimu
m ( %) 
(m/m)  Maximu
m ( %) 
(m/m)  
1 2 3 4 5 6 
1.Process(ed
) cheese  High -fat 
process (ed) 
cheese   
* 60 * 52 
Full-fat 
process (ed)  
cheese  Full-cream 
process(ed) 
cheese  
 45 59 45 
Medium -fat 
process (ed) 
cheese  Reduced fat 
process (ed) 
cheese  
 25 44 40 
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  
 Reduced fat 
cheese  spread  25 45 31 
Skim(med) 
cheese spread  * * 10 29 
* Not specified  
  
 
183 
 183 
179.  
Standards for Cream Cheese and cream cheese with added foodstuffs  
 
(1) A primary dairy product of the type known as cream cheese and cream cheese with added 
foodstuffs shall;  
(a) Be manufactured mainly from the primary dairy product known as milk or products   
obtained from milk.  
 
(2)        The fat -in-dry-matter content of cream cheese with added foodstuffs must be free of any 
substance that does not naturally form part of cheese or the foodstuff that has been added thereto   
 
Table 10: Classes of and standards for cream cheese   
 
 
 
 
 
 
 Type of 
cheese   Class 
designation  Alternative 
class 
designation  
 Fat in dry matter 
content  
 Minimu
m dry 
matter 
content 
(%) 
(m/m)  
 Milk -fat 
content  
(%) 
(m/m)  
Minimu
m ( %) 
(m/m)  Maximu
m ( %) 
(m/m)    
1 2 3 4 5 6 7 
 
Cream 
cheese  
 
 
  
Full fat Cream 
cheese   
Mascarpone; 
Cream cheese   
 
70  
 
*  
 
45  
 
At least 33  
Medium fat 
cream cheese  Reduced fat 
cream cheese  20 69 38 At least 24 
but less 
than 28   
 
184 
 184 
 
180. 
 Standards for Cottage cheese and cottage cheese with added foodstuffs  
 
(1) A primary dairy product of the type known as cottage cheese and cottage cheese with added 
foodstuffs shall be manufactured from milk or milk products with or without added   
foodstuffs where applicable.                   
 
(2) A primary dairy product of the  type known as creamed cottage cheese shall be 
manufactured mainly from the primary dairy product known as cottage cheese and cream.  
 
(3) Comply with the provisions of the regulation.  
 
 
 Table 11: Classes of and standards for cottage cheese, cottage cheese  with added foodstuffs 
and creamed cottage cheese  
 
Type of 
primary 
dairy 
product  Class 
designation  Alternate 
class 
designation  Maxim
um 
moistur
e 
content 
(%)(m/
m) Total dry 
matter 
content 
(%)(m/m)  Fat-in dry 
matter 
content 
(%)(m/m)  
1 2 3 5 6 7 
 
1. Cottage 
cheese   
Full-fat 
cottage 
cheese   
Cottage 
cheese; Full 
cream cottage 
cheese, 
Creamed 
cottage cheese  
  
75  
*  
45-60 
 
Medium fat 
cottage 
cheese   
Reduced 
fat/cream 
cottage 
cheese;   
77  
*  
25-45 
       
 
185 
 185 
Type of 
primary 
dairy 
product  Class 
designation  Alternate 
class 
designation  Maxim
um 
moistur
e 
content 
(%)(m/
m) Total dry 
matter 
content 
(%)(m/m)  Fat-in dry 
matter 
content 
(%)(m/m)  
1 2 3 5 6 7 
2. Cottage 
cheese 
with added 
foodstuffs  Full-fat 
cottage 
cheese with 
(name of 
added 
foodstuff)  Cottage 
cheese; Full 
cream cottage 
cheese ( name 
of the added 
foodstuff), 
Creamed 
cottage cheese 
(name of the 
added 
foodstuff)  73 More than 
27.0 45-60 
Medium fat 
cottage 
cheese with 
(name of 
added 
foodstuff)  Reduced fat 
cottage cheese 
(name  of the 
added 
foodstuff);   
75  
More than 
25.0  
25-45 
 
181.  
Standards for Butter  
 
(1)A primary dairy product of the type known as butter shall;  
(a) Be manufactured by churning cream until the fats separate from the liquid;  
(b) Comply with the provisions of the regulation;  and 
(c) 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 be neutralized to a pH of not higher than 7.6.  
 
 
 
  
 
186 
 186 
Table 12: Classes of and standards for butter  
 
Type of 
primar
y dairy 
product  Class 
designati
on Alternate 
class 
designation  Milk -fat ( %) 
(m/m)  Maximu
m 
moisture 
content 
(%) 
(m/m)  Maximu
m solids -
not-fat 
content 
(%) 
(m/m)  
1 2 3 4 5 6 
 
1.Butter  
  
Salted 
butter   
Salted butter; 
Butter   
At least 80   
16  
2 
 
Unsalted 
butter   
Unsalted 
butter   
At least 80   
16  
2 
 
Medium -
fat butter   
Reduced fat 
butter   
 50 - 65  
*  
* 
 
182.  
Standards for modified butter  
 
(1) A modified dairy product of the type known as modified butter shall be manufactured from 
butter blended with plant fat, animal fat and/or marine fat; and  
(a) Comply with the provisions of the regulation.  
 
 
Table 13: Classes of and standards for modified butt er 
 
Type 
of 
prima
ry 
dairy 
produ
ct  
Class 
designat
ion  
Alternate 
class 
designatio
n  
Minim
um 
milk  
fat 
content   
Maxim
um 
vege -
table oil 
content  
(%) 
(m/m)   
Maxim
um 
marine 
fat 
content  
(%) 
(m/m)   
Total 
fat 
content 
(%) 
(m/m)  Addi -
tional 
require -
ments   
 
187 
 187 
(%)(m/
m) 
1 2 3 4 5 6 7 9 
Modifi
ed 
butter  High -fat 
modified 
butter  Butter 
spread; 
Modified 
butter   
40  
40  
40  
 75 - 85  
Medium 
-fat 
modified 
butter  Reduced -
fat 
modified 
butter; 
Reduced -
fat butter 
spread; 
Medium -
fat butter 
spread   
30  
30  
30  
 50 - 65  
 
183.  
Standards for Dairy powder and Dairy powder blend  
 
1) Primary dairy products of the type known as dairy powder and dairy powder blend shall;  
(a) Be manufactured by partial removal of water from the primary liquid product 
concerned;  
(b) In the case of milk  powder when diluted according to the manufacturer’s 
prescribed dilution ratio; and  
(c) Comply with the provisions of these regulations.   
 
 
 
 
 
 
 
 
 
 
  
 
188 
 188 
Table 14: Classes of and standards for dairy powders and dairy powder blends  
 
Types of dairy 
powder 
product  Class 
designation  Alternative 
class 
designation  Milk fat ( %) 
(m/m)  
 Minimu
m protein 
content 
calculate
d on solid 
non-fat 
basis (%) 
(m/m)  Maximu
m 
moisture 
content 
(%) 
(m/m)  
1 2 3 4 5 6 
 
1. Milk powder  
 
 
 
  
High -fat milk 
powder   
 -  
More than 42   
34  
5 
 
Full-fat milk 
powder   
(Whole) Milk 
powder, Full 
cream dry milk,  
Full cream 
milk. powder 
Full-fat dry 
milk, Full -
cream milk 
powder   
26 - 42  
34  
5 
 
Medium fat 
milk powder   
Medium fat dry 
milk;  Reduced 
fat milk 
powder; 
Reduced fat dry 
milk   
1.5 - 26  
34  
5 
 
Skim(med) 
milk powder   
 Skim(med) 
milk dry milk   
Less than 1.5   
34  
5 
 
2. Cream 
powder  
  
Full –fat 
Cream powder   
Cream powder   
More than 42   
34  
5 
 
Medium fat 
cream powder   
Reduced fat 
cream powder   
1.5 - 26  
34  
5  
 
189 
 189 
Types of dairy 
powder 
product  Class 
designation  Alternative 
class 
designation  Milk fat ( %) 
(m/m)  
 Minimu
m protein 
content 
calculate
d on solid 
non-fat 
basis (%) 
(m/m)  Maximu
m 
moisture 
content 
(%) 
(m/m)  
1 2 3 4 5 6 
 
Skim(med) 
cream powder   
*  
Less than 1.5   
34  
5 
 
3. Buttermilk 
powder   
Buttermilk 
powder   
Dry buttermilk   
 *  
34  
5 
4. Whey 
powder  High –protein 
whey powder  Whey protein 
concentrate  * 35 5 
Whey powder  
 Dry whey  * 10 5 
Acid Whey 
powder  Dry acid whey  * 7 4.5 
 
5. Cheese 
powder   
Cheese 
powder   
 -  
At least 18   
*  
5 
6. Dairy 
powder blend  High -fat dairy 
powder blend  * More than 42  30 5 
Full-fat dairy 
powder blend  Full-cream 
dairy powder 
blend  26 - 42 30 5 
Medium -fat 
dairy powder 
blend  Reduced fat 
dairy powder 
blend  1.5 - 26 30 5 
 Skimmed 
dairy powder 
blend  * Less than 1.5  30  
  
 
190 
 190 
 
184. Standards for Milk fats   
 
(1) A primary dairy product of the type known as milk fat shall -- 
 
(a) Be manufactured by removal of water and non -fat solids from milk or products obtained 
from milk; and 
(b) Comply with the provisions of the regulation.  
 
 
Table 15: Classes of and standards for milk fats  
 
Types of dairy 
powder product  Class 
designation  Alternative class 
designation  Minimum Milk 
fat (%) ( m/m)  
 Maximum 
moisture 
content (%) 
(m/m)  
1 2 3 4 6 
Anhydrous milk 
fat Ghee; Butter oil  Dry milk fat, 
Anhydrous milk 
fat, Anhydrous 
Butter oil; Milk 
fat;  More than 99.6  0.5 
 
185. Standards for Dairy liquid blend and cultured dairy liquid blends  
 
(1) A primary  dairy product of the type known as dairy l iquid blend and cultured dairy liquid 
blend shall: - 
(a) Comply with the provisions of regulation 4; and  
(b) Shall contain no animal, plant and marine fat.   
 
(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; and  
(b) Contain at least 107 CFU of viable lactic acid producing micro -organisms per gram 
of a product.  
  
 
191 
 191 
      
 192 
 
Table 16: Classes of and standards for dairy liquid blends and cultured dairy liquid blends  
 
Type of 
composite dairy 
product  Class 
designation  Alternate class designation  Milk fat content  Minimun solids non 
fat content  Minimum milk 
protein content 
calculated on a 
fat free basis 
(%) (m/m  pH- value  
Calculate
d on the 
total 
content 
(%) 
(m/m)  Calculate
d on a fat 
free basis 
(%) (m/m  
1 2 3 4 5 6 7 8 
Dairy liquid 
blend  
  
High -fat dairy 
liquid blend   
High -fat dairy blend; High -
fat dairy mixture   
More than 4.5   
8.2  
8.6  
2.6  
* 
 
Full-fat dairy 
liquid blend   
Full-cream dairy liquid 
blend; Full -cream dairy 
blend; Full -cream dairy 
mixture  
  
3.3 - 4.5  
8.3  
8.6  
2.6  
*  
 
193 
 193 
Type of 
composite dairy 
product  Class 
designation  Alternate class designation  Milk fat content  Minimun solids non 
fat content  Minimum milk 
protein content 
calculated on a 
fat free basis 
(%) (m/m  pH- value  
Calculate
d on the 
total 
content 
(%) 
(m/m)  Calculate
d on a fat 
free basis 
(%) (m/m  
1 2 3 4 5 6 7 8 
Medium fat 
dairy liquid 
blend  
 
 Medium / Reduced fat dairy 
blend; Medium / Reduced fat 
dairy liquid mixture; 
Medium/ Reduced fat dairy 
mixture  1.5-3.3 8.3 8.6 2.6  
Low-fat dairy 
liquid blend   
Low-fat dairy blend; Low -fat 
dairy liquid  mixture; Low -fat 
dairy mixture   
0.5 - 1.5  
8.4  
8.6  
2.6  
* 
Fat-free dairy 
liquid blend  Fat-free dairy blend; Fat -free 
dairy mixture; Fat -free dairy 
liquid mixture   
Less than 0.5   
8.6  
8.6  
2.6  
*  
 
194 
 194 
Type of 
composite dairy 
product  Class 
designation  Alternate class designation  Milk fat content  Minimun solids non 
fat content  Minimum milk 
protein content 
calculated on a 
fat free basis 
(%) (m/m  pH- value  
Calculate
d on the 
total 
content 
(%) 
(m/m)  Calculate
d on a fat 
free basis 
(%) (m/m  
1 2 3 4 5 6 7 8 
Cultured dairy 
liquid blend   
High -fat 
cultured dairy 
liquid blend   
High -fat cultured dairy blend 
(mix (ture)); High -fat emasi 
blend ( mix (ture))  
  
More than 4.5   
8.2  
8.6  
2.6  
Less than 4.6  
  
Full-fat 
cultured dairy 
liquid blend   
Full-cream cultured dairy 
liquid blend ( mix (ture)); 
Full-fat cultured dairy blend 
(mix (ture)); Cultured dairy 
blend ( mix (ture)); Emasi 
blend ( mix (ture))  
  
3.3- 4.5  
8.3  
8.6  
2.6  
Less than 4.6  
 Medium fat 
cultured liquid 
blend  Reduced fat cultured liquid 
blend ( mix (ture))  1.5-3.3      
 
195 
 195 
Type of 
composite dairy 
product  Class 
designation  Alternate class designation  Milk fat content  Minimun solids non 
fat content  Minimum milk 
protein content 
calculated on a 
fat free basis 
(%) (m/m  pH- value  
Calculate
d on the 
total 
content 
(%) 
(m/m)  Calculate
d on a fat 
free basis 
(%) (m/m  
1 2 3 4 5 6 7 8 
  
Low-fat 
cultured dairy 
liquid blend   
Low-fat cultured dairy blend; 
Low- fat Emasi blend   
0.5 - 1.5   
8.4  
8.6  
2.6  
Less than 4.6  
  
Fat-free 
cultured dairy 
liquid blend   
Fat-free cultured dairy blend; 
Fat- free Emasi blend   
Less than 0.5   
8.6  
8.6  
2.6  
Less than 4.6   
 
196 
 196 
186.  
Classes and standards of imitation dairy products or dairy substitutes  
 
(1) An imitation dairy product shall  -- 
(a) In the case of a type of product specified;  
(b) Have a clean and characteristic flavour;  
(c) 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; and  
(e) in the case of imitation milk, have at least the same fat content, protein content and 
carbohy drate 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 blend of skimmed milk with vegetable oil 
or fat shall  consist of milk constituents, to which vegetable oil or fat has been added.  
 
(4) The imitation dairy product shall, in the case of a powdered form, contain no more than 5 
% moisture and the word “powder (ed)” must form part of the class designation.  
 
(5) An imitation dairy product may contain other foodstuffs and food additives to the extent 
permissible.  
 
 
 
 
 
 
 
 
  
 
197 
 197 
Table 17: Classes of and standards for imitation dairy products  
 
Type of 
imitation dairy 
product  Class 
designation  Minimum 
total fat 
conten t 
(%)(m/m)  Minimum 
protein 
content 
calculated on 
a fat -free 
basis 
(%)(m/m)  Additional 
requirements  
1 2 3 4 5 
 
1. Creamer   
Coffee -creamer  
Tea-creamer   
*  
*  
 
2. Imitation 
milk powder  
  
Blend   
*  
20   
3.    Imitation 
milk Liquid blend 
(mix (ture))     
 
4. Imitation -
cream   
Dessert topping  
Non-dairy 
cream   
20  
*  
 
5. Blend of 
skim (med) with 
vegetable oil or 
fat. Sweetened 
condensed milk 
with vegetable 
oil or fat  7.5  34  
 
6. Imitation 
Cheese   
Imitation 
Cheese   
*  
*  
 
* Not specified  
 
  
 
198 
 198 
 
 
 
Schedule 12  
 Sampling and Method of Analysis  
 
(187)  
Sampling and method of analysis  
 
TABLE 18 - METHODS OF ANALYSIS  
 
 
Nature of determination   
No. of  
publication   
Date  
issued   
Title  
1 2 3 4 
 
1. Organoleptic 
(sensory) evaluation   
ISO 2935  
IDF 099  
Part s1, 2 & 
3  
2009   
Milk and milk products - Sensory analysis  
 
2. Fat content   
ISO 1211  
IDF 001   
2010   
Milk - Determination of fat  content - 
Gravimetric  method ( Reference method)  
 
ISO 1735  
IDF 005   
2004   
Cheese and processed cheese products – 
Determination of fat  content – Gravimetric 
method (Reference method)  
 
ISO 1736  
IDF 009   
2008   
Dried milk and dried milk products - 
Determination of fat  content – Gravimetric 
method (Reference method)   
 
199 
 199 
 
Nature of determination   
No. of  
publication   
Date  
issued   
Title  
1 2 3 4 
 
ISO 1737  
IDF 013   
2008   
Evaporated milk and sweetened condensed 
milk - Determination of fat  content - 
Gravimetric method (Reference method)  
 
ISO 2450  
IDF 016   
2008   
Cream - Determination of fat  content – 
Gravimetric method (Reference method)  
 
ISO 7208  
IDF 022   
2008   
Skimmed milk, whey and buttermilk - 
Determination of fat content - Gravimetric 
method (Reference method)  
 
IDF 24   
1964   
Determination of the fat content of butter 
oil 
 
ISO 488  
IDF 105   
2008   
Milk - Determination of fat content - 
Gerber butyrometers  
 
3. Milk protein content   
ISO 8968 -1 
IDF 20 -1  
2001   
Milk - Determination of nitrogen content – 
Part 1: Kjeldahl method ( including 
calculation of crude protein content)  
 
ISO 8968 -2 
IDF 20 -2  
2001   
Milk – Determination of nitrogen  content  
- Part 2: Block -digestion method (Macro 
method) (including calculation of crude 
protein content)   
 
200 
 200 
 
Nature of determination   
No. of  
publication   
Date  
issued   
Title  
1 2 3 4 
 
ISO 8968 -3 
IDF 20 -3  
2004   
Milk – Determination of nitrogen content 
– Part 3: Block -digestion method (Semi -
micro rapid routine method) (including 
calculation of crude protein content)  
 
4. Total solids   
ISO 5534  
IDF 004   
2004   
Cheese and processed cheese – 
Determination of the total solids content 
(Reference method)  
 
IDF 15B   
1991   
Sweetened condensed milk – 
Determination of the total solids content 
(Reference method)  
 
IDF 21B   
1987   
Milk, cream and evaporated milk – 
Determination of total solids content 
(Reference method)  
 
5. Moisture content   
ISO 5536  
IDF 023   
2009   
Milkfat products - Determination of water 
content - Karl Fisher method  
 
ISO 5537  
IDF 026   
2004   
Dried milk - Determination of moisture 
content (Reference method)  
 
ISO 8851 -1 
IDF 191 -1  
2004   
Butter - Determination of moisture, non -
fat solids and fat contents (Routine 
methods) – Part 1: Determination of 
moisture content  
     
 
201 
 201 
 
Nature of determination   
No. of  
publication   
Date  
issued   
Title  
1 2 3 4 
6. Freezing point  ISO 5764  
IDF 108  2009  Milk - Determination of freezing point - 
Thermistor cryoscope method (Reference 
method)  
 
7. Salt content   
ISO 1738  
IDF 012  
  
2004   
Butter - Determination of the  salt content  
  
ISO 5943  
IDF 088   
2006   
Cheese and processed cheese products - 
Determination of chloride content - 
Potentiometric titration method  
 
8. Moisture, solids -not-
fat and fat content   
ISO 3727 -1 
IDF 080 -1 
ISO 3727 -2 
IDF 080 -2 
ISO 3727 -3 
IDF 080 -3  
2001  
 
2001  
 
2003   
Butter - Determination of moisture, non -
fat solids and fat contents – 
Part 1: Determination of moisture content 
(Reference method)  
Part 2: Determination of non -fat solids  
content (Reference method)  
 
Part 3: Calculation of fat content  
 
9. Dispersibility an d 
wettability   
IDF 87   
1979   
Instant dried milk - Determination of the 
dispersibility and wettability  
 
 
 
 
  
 
202 
 202 
 
SCHEDULE 1 3 
SAFE MILK  
188 
Restrictions  
(1)  No person shall use or sell raw milk intended for further processing which - 
(a) contains the following:  
(i) Antibiotics or other antimicrobial substances in amounts that exceed the 
maximum residue levels stipulated by the board or which virtue of a presumptive 
test is suspected to contain antibiotics or other antimicrobial substances in amounts 
that exceed such maximum residue levels;  
(ii) pathogenic organisms, extraneous matter or any inflammatory product or other 
substances which for any reason whatsoever may render the milk unfit for human 
consumption;  
(b) gives a positive result when subjected to the clot -on-boiling test  
(c) gives a standard plate count of more than 200 000 colony forming units per 1,0ml when 
subjected to the standard plate count test or the dry rehydrated film method for standard 
colony count  
(d) (i) Exceeds the most probable n umber (MPN) of 10,0 coliform bacteria per 1,0 ml 
milk or, if the test for coliforms is used, the number of colony forming units exceeds 
20 per milliliter of milk; or  
(ii) on application of the modified Eijkmann test, the VRB MUG agar method, or 
the dry reh ydrated film method is found to contain any Escherichia coli  in 0,01ml 
of raw milk. When the Eijkmann test is used, or any Escherichia coli  in 1,0ml of 
raw milk;  
(e) when subjected to the Standard Methods for Counting Somatic Cells in Bovine Milk, 
is found  to contain an average of 500 000 or more somatic cells per 1,0ml of bovine milk 
or an average of 750 000 or more cells per 1, 0ml goat’s or sheep’s milk after three 
successive readings at intervals of at least seven days during the test period, of which s hows 
any other signs of abnormal secretary activity of the mammary gland(s);  
  (f) fails the ethanol stability test; and  
(g) is not packed in a closed container.  
 
(2).  (a) No person shall sell any raw milk, raw cream, raw skimmed milk, raw reconstituted 
(prepared) milk, raw reconstituted (prepared) skimmed milk or raw milk that has become 
sour, without the necessary permit or licence issued by the board.  
(b)  Applicants for a permit or licence stipulated in 2(1) above must apply in writing to the 
board.     
 
203 
 203 
 
(3).  No person shall sell for consumption raw milk, raw cream, raw skimmed milk, raw 
reconstituted (prepared) milk or raw reconstituted (prepared) skimmed milk which -  
(a) contains the following:  
(i) Antibiotics or other antimicrobial substances in a mounts that exceed the 
maximum residue levels stipulated by the board or which by  virtue of a presumptive 
test is suspected to contain antibiotics or other antimicrobial substances in amounts 
that exceed such maximum residue levels;  
(ii) pathogenic organi sms, extraneous matter or any inflammatory product or other 
substance which for any reason whatsoever may render the product unfit for human 
consumption;  
(b) gives a standard plate count of more than 50 000 colony forming units (CFUs) per 1,0ml 
of the pro duct when subjected to the standard plate count test or the dry rehydrated film 
method for standard colony count  
(c) gives a positive result when subjected to the clot -on-boiling test  
(d) fails the ethanol stability test  
(e) on execution of the modified  Eijkmann test, the VRB MUG agar method or the dry 
rehydrated film method is found to contain any Escherichia coli  in 1,0ml of fluid or 1,0g 
of cream;  
(f) on subjection to the standard routine Method for the Counting of Coliform Bacteria in 
raw milk or on  application of the VRB MUG agar method or on using the dry rehydrated 
film method, is found to contain more than 20 coliform bacteria in 1, 0ml of fluid; or  
(g) on subjection to the coliform bacteria test, exceeds the most probable number (MPN) 
of 10,0 c oliform bacteria per 1, 0ml of fluid or 1,0g of semi -solid product;  
(h) in the case of raw milk, on subjection to the Standard Method for Counting Somatic 
Cells in Bovine Milk, is found to contain an average of 500 000 or more somatic cells per 
1, 0ml of bovine milk or an average of 750 000 or more cells per 1, 0ml of goat’s or sheep’s 
milk after three successive readings at intervals of at least seven days during the test period, 
or which shows any other signs of abnormal secretory activity of the mammary  gland(s);  
(i) is not packed in a closed container;  
(j) does not bear clearly on the label the words: “Unpasteurised” / or “Raw milk”  
(k) when the milk is sold in the consumer’s own container, is tapped from a container which 
does not bear a label clearly indicating the words: “Unpasteurised” / or “Raw milk”   
(l)  is not derived from a herd enrolled in the Bovine Tuberculosis Scheme and  the Bovine 
Brucellosis Scheme or is not derived from a herd which annually tests negative for 
tuberculosis and brucellosis.  
(m) is not derived from a herd which tests negative for foot and mouth disease  
 
(4).  No person shall sell for consumption raw mil k that has become sour which -   
 
204 
 204 
(a) contains the following:  
(i) Antibiotics or other antimicrobial substances in amounts that exceed the 
maximum residue levels stipulated by the board or which by virtue of a presumptive 
test is suspected to contain antibi otics or other antimicrobial substances in amounts 
that exceed such maximum residue levels;  
(ii) pathogenic organisms, extraneous matter or any inflammatory product or other 
substance which for any reason whatsoever may render the raw milk unfit for 
human  consumption;  
(b) on application of the modified Eijkmann test or the VRB MUG agar method, is found 
to contain any Escherichia coli  in 1, 0ml of the product;  
(c) on subjection to the VRB MUG agar method or the dry rehydrated film method, 
contains more th an 50 coliform bacteria per 1, 0ml of the product;  
(d) is not packed in a closed container;  
(e) does not bear clearly on the label the words: “Unpasteurised sour milk” / or “R aw sour 
milk”  
(f) when the milk is sold in the consumer’s own container, is t apped from a container which 
does not bear a label clearly indicating the words: “Unpasteurised sour milk” / or “ Raw 
sour milk”.  
 
(5).  No person shall sell pasteurised milk, pasteurised reconstituted (prepared) milk, 
pasteurised   skimmed milk, pasteuri sed reconstituted (prepared) skimmed milk or 
pasteurised cream which -  
(a) contains the following:  
(i) Antibiotics or other antimicrobial substances in amounts that exceed the 
maximum residue levels stipulated by the board or which by virtue of a presumptive 
test (for example the Kundrat test) is suspected to contain antibiotics or other 
antimicrobial s ubstances in amounts that exceed such maximum residue levels;  
(ii) pathogenic organisms, extraneous matter or any inflammatory product or other 
substance which for any reason whatsoever may render the product unfit for human 
consumption;  
(b) has been sho wn by the Aschaffenburg and Mullen phosphate test or any other test to 
yield the equivalent of 10 micrograms or more of p - nitrophenol per 1,0ml;  
(c) on execution of the VRB MUG agar method or the dry rehydrated film method is found 
to contain more than 1 0,0 coliform bacteria in 1,0ml or exceeds the most probable number 
(MPN) of 10,0 coliform bacteria per 1, 0ml of milk or 1, 0g of semi -solid product; or  
(d) on execution of the modified Eijkmann test, the VRB MUG agar method or the dry 
rehydrated film met hod, is found to contain any Escherichia coli  in 1, 0ml of milk or 1, 0g 
of semi -solid product;  
(e) gives a standard plate count of more than 50 000 colony forming units (CFUs) per 1, 
0ml of fluid or per 1,0g of semi -solid product   
 
205 
 205 
(f) is not packed in a hermetically sealed container when sold to the ultimate consumer:  
(g) in cases where the consumer supplies his or her own empty container to be filled from 
a bulk tank or container, the filled container needs to be hermetically sealed;  
 
(6).  No person sh all sell sterilised cream, sterilised milk, sterilised reconstituted (prepared) 
milk or UHT cream or UHT milk which -  
(a) contains the following:  
(i) Antibiotics or other antimicrobial substances in amounts that exceed the 
maximum residue levels stipulat ed by the board or which by virtue of a presumptive 
test is suspected to contain antibiotics or other antimicrobial substances in amounts 
that exceed such maximum residue levels;  
(ii) pathogenic organisms, extraneous matter or any inflammatory product or other 
substances which for any reason whatsoever may render any such product unfit for 
human consumption;  
(b) shows an increase in titratable acidity greater than 0,02, expressed as grams of lactic 
acid per 100ml of milk, after incubation at 30°C +/ - 1°C for 14 days;  
(c) shows any signs of coagulation or blown containers after incubation;  
(d) is not packed in a hermetically sealed container when sold to the ultimate consumer.  
 
(7).  No person shall sell any dairy product or composite product which -  
(a)  contains the following:  
(i) Antibiotics or other antimicrobial substances in amounts that exceed the 
maximum residue levels stipulated by the board or which by virtue of a presumptive 
test is suspected to contain antibiotics or other antimicrobial su bstances in amounts 
that exceed such maximum residue levels;  
(ii) pathogenic organisms, extraneous matter or any inflammatory product or other 
substance which for any reason whatsoever may render any such product unfit for 
human consumption;  
(b)  in the case of milk powder or skimmed milk powder, contains more than 50 000 colony 
forming units per gram on application of the standard plate count test; with the exception 
of ripened cheese  
(c)   in the case of ripened cheese -  
(i)  contains more than 50 coli form bacteria per 1, 0ml of fluid or 1,0g of solid or 
semi -solid product;  
(ii) on execution of the modified Eijkmann test or the VRB MUG agar method, is 
found to contain any Escherichia coli  in 1, 0ml of fluid or 1,0g of solid or semi -
solid product;  
 (iii) contains more than 1 000 coliform bacteria per 1, 0g of the product;   
 
206 
 206 
(iv) on execution of the modified Eijkmann test or the VRB MUG agar method, is 
found to contain any Escherichia coli  per 1,0 ml of fluid or 1,0g of solid or semi -
solid product;  
(d) is not packed in a hermetically sealed package or in a closed package.  
 
(8).  No person shall sell any dairy product or composite dairy product which contains any food 
additive not permitted by this regulation.  
 
(9).  No person shall sell milk, cream or any dairy product that is not derived from the mammary 
gland(s) of lactating cows of the bovine species or of goats or sheep unless it is labelled  in 
accordance with the requirements of the labelling  under this regulatio n.  
(10).  No pasteurised milk, pasteurised cream or pasteurised reconstituted (prepared) milk which 
is returned to the milk processing plant shall be resold or processed for resale.  
(11) Consumption of raw and untested milk is not permitted  
(12)  Consump tion of raw and unprocessed milk is not permitted  
(13).  In determining whether milk, dairy products and composite dairy products meet the 
requirements laid down in regulations the tests prescribed therein shall be conducted and 
these tests shall be conclu sive for the said purpose  
 
189 
Methods for the testing of milk, cream, dairy and dairy related products   
 
 (1)  (a) The tests set forth shall be conducted in appropriate cases in order to ascertain the 
suitability of milk, cream, dairy products and dairy related products for human 
consumption. Samples shall not be frozen but shall be kept at a temperature below 5°C  
and shall be tested within 48 hours of collection: Provided that these requirements shall 
not apply to dried dairy products, sterilized milk, UHT milk and condensed dairy products 
in their unopened containers  
(b) For the purpose of this section, “milk” s hall include raw milk, milk that has undergone 
pasteurisation or sterilisation or ultra high temperature treatment, and cream.  
 
190 
Microbiological tests   
 
(1)  (a) All distilled water used in the preparation of mediums shall be glass distilled water or 
water of similar purity.   
 
207 
 207 
(b) All glassware used in the tests prescribed shall be sterile.  
(c) The sterility of all glassware, media and diluents shall be checke d by -  
(i) testing representative control tubes, control dishes and growth media used in 
each batch of tests;  
(ii) using the appropriate and approved growth medium.  
(d) All pipettes of the blow -out type shall be suitably plugged with non -absorbent cotto n 
wool.  
(e) All glassware used for volumetric measurement shall have an accuracy and approved 
measurement level  
(f) All chemicals used in the preparation of the solutions and media shall, except where 
otherwise prescribed, be of an analytical reagent gra de or a grade suitable for the 
preparation of bacteriological media.  
(g) Appropriate dehydrated culture media, where such preparations are available, may be 
used instead of the media prescribed: Provided that such dehydrated media shall conform 
to the des cription given and yield equivalent results: Provided further that any peptone, bile 
salts, tryptone, yeast extract and ox bile used shall be of a standard equivalent to the 
reference standard set by the board or by recognized standard setting bodies.  
 
Modified Eijkmann test for Escherichia col i 
 
(2).  The modified Eijkmann test shall be carried out in the manner set out below.  
(a) Thoroughly mix the sample of milk or cream and, if the cream is too thick for easy 
handling, heat it to a temperature not h igher than 37°C.  
(b) After taking all necessary precautions to prevent contamination of the sample, inoculate 
three tubes containing 10ml (m/v) of brilliant green bile broth and fitted with an inverted 
Durham fermentation tube for the detection of gas usi ng a 1 ml pipette with the equivalent 
of 0,01ml in the case of raw milk intended for pasteurisation and 1ml in the case of 
pasteurised milk, reconstituted (prepared) milk, pasteurised cream and cultured dairy 
products. In the case of solid or semi -solid da iry products, inoculate tubes containing 
double -strength brilliant green bile broth with 10ml of a 1:10 dilution of the dairy product.  
(c) For the measurement of the 0, 01ml quantities to be tested in the case of milk, prepare 
decimal dilutions in accorda nce with the standard plate count method described 
substituting 11,0ml of milk for 11,0g of milk powder or skimmed milk powder.  
(d) Incubate the inoculated brilliant green bile broth for 48 hours in a water bath keeping 
the temperature of the water bath a t 44°C +/ - 0,15°C.  
(e) If the incubation prescribed in subparagraph (4) leads to the formation of gas as seen in 
the Durham tube, transfer and inoculum of 0,2ml from each brilliant green bile broth tube 
in which gas has formed to a separate tube of trypto ne water.   
 
208 
 208 
(f) Incubate the tryptone water tubes referred to in subparagraph (5) in the water bath 
referred to in subparagraph (4) at 44°C +/ - 0,25°C for 24 + / - 2 hours.  
(g) After the said 24 +/ - 2 hours, test the tryptone water in the tubes for indole p roduction 
by adding 0, 5ml of Kovac’s reagent.  
(h) The formation of a rose -coloured ring at the interface of the two liquids indicates the 
presence of indole.  
(i) A positive result of gas and indole in any of the three tubes inoculated with the 
prescribe d volume of the same milk shall be taken to indicate the presence of Escherichia 
coli.  
(j) Prepare the (m/v) brilliant green bile broth, the tryptone water and the Kovac’s reagent 
as follows:  
(i) The composition of the brilliant green bile broth shall be as follows:  
Ox bile………………………………………………. . ……………20g  
Peptone……………………………………………………………10g  
Lactose……………………………………………………………. 10g  
1 per cent (m/v) aqueous solution of brilliant green………….…1,3ml  
Distilled water……………………………………………………….1l  
(ii) Dissolve the constituents in the distilled water.  
(iii) Adjust the pH to a value of 7, 2 to 7, 4.  
(iv) Distribute the medium in 10ml quantities among test tubes containing an 
inverted Durham fermentation tube and then sterilize them in an autoclave at 121°C 
for at least 15 minutes.  
(k) In order to prepare double -strength brilliant green bile broth, us e half the quantity of 
distilled water.  
(i) The composition of the tryptone water shall be as follows:  
Tryptone…………………………………………………………….10g  
Sodium chloride……………………………………………………..5g  
Distilled water…………………………………………………..up to 1l  
(ii) Dissolve the constitue nts in the distilled water by warming the mixture slightly.  
(iii) Cool to 20 -25°C and adjust the pH with sodium hydroxide solution or 
hydrochloric acid solution to between 7,4 and 7,5.  
(iv) Dispense the medium in 5ml aliquots in test tubes. Autoclave the  dispensed 
medium at 121°C for at least 15 minutes.  
  (l) Kovac’s reagent  
(i) The composition of the Kovac’s reagent shall be as follows:  
Paradimethylaminobenzaldehyde…………………………………….5g   
 
209 
 209 
Concentrated hydrochloric acid…………………………………....25ml  
Amyl alcohol (p yridine free) … ……………………………………75ml  
(ii) Dissolve paradimethylaminobenzaldehyde in the amyl alcohol and add  the 
hydrochloric acid.  
(iii) After preparation, the reagent should be yellow in colour.  
(iv) Place the reagent in an amber -coloured glass stoppered vessel and store  in a 
cool, dark place.  
(v) Do not use the reagent within 24 hours after preparation.  
 
Aschaffenburg and Mullen phosphatase test  
 
(3).   The phosphatase test shall be carried out in the manner set out below.  
(a) Test each samp le as soon as possible after its arrival at the laboratory.  
(b) If the sample is not tested immediately on its arrival at the laboratory, keep it at a 
temperature below 5°C , but not frozen, until it is tested.  
(c) Raise the temperature of the sample to 20-25°C immediately before it is tested.  
(d) Take the following precautions during or in connection with the testing of a sample:  
(i) Except in the case of cultured dairy products, do not test a sample that shows 
signs of spoiling or souring.  
(ii) Use a clean pipette for each sample of milk or cream and ensure that no pipette 
is contaminated with saliva.  
(iii) Do not perform the test in direct sunlight.  
(iv) Use only distilled water throughout the test.  
(e) Whenever practicable, use reagents of analytical quality for this test. Prepare the buffer 
substrate solution as follows:  
(i) Buffer solution: Dissolve 3, 5g of anhydrous sodium carbonate and 1,5g of 
sodium bicarbonate in distilled water and fill up w ith water to 1l solution in a 
volumetric flask.  
(ii) Keep the solid substrate, disodium p -nitrophenyl phosphate, in a refrigerator.  
(iii) Buffer substrate solution:  
 Place 150mg of the substrate in a standard 100ml volumetric measuring flask and fill to the 100ml 
mark with the buffer solution.  
 Store the solution in a refrigerator and protect from light.  
 When distilled water is used for purposes of comparison, the solution must give a reading of less 
than the standard 10 on the comparator disc AP T W 5 o r APTW 7 when viewed in transmitted 
light through a 5mm cell in the all -purpose comparator.  
 Do not use the solution for longer than one week.   
 
210 
 210 
(f) Use the following apparatus for the test:  
(i) A lovibond all -purpose comparator with a stand for work in re flected light.  
(ii) A Lovibond comparator disc APT W 5 or APT W 7.  
(iii) Two fused -glass cells, 25mm deep, or test tubes of colourless lass, 13,5mm 
internal diameter, conforming to B. S. 625, fitted with non -p-nitrophenol -
containing stoppers, for use in the Lovibond all-purpose  1000 comparator.  
(iv) A waterbath capable of being maintained at 39°C +/ - 0,5°C.  
(v) A pipette to deliver 5,0ml.  
(vi) A supply of 1, 0ml straight -sided pipettes.  
(vii) A 1l volumetric flask.  
(viii) A 100ml standard volumetric flask.  
(g) After use, empty each tube, rinse it in water, wash well in hot water containing soda, 
rinse in hot water and then in distilled water and dry, or clean by some other equally 
effective method.  
(h) If, after treatment in accordance with (a) of this subparagraph, a test tube does not 
appear to be clean, repeat the treatment but, in addition, after rising it in hot water, place it 
in hydrochloric acid and then rinse it again in hot water and then i n distilled water and dry 
it, or clean it by some other equally effective method.  
(i) Clean new glassware by dipping it in a solution of chromic acid consisting of five 
volumes of 8% (m/v) potassium dichromate and four volumes of concentrated sulphuric 
acid added slowly and carefully to the mixture of dichromate and water.  
(j) Keep the solution referred to in (c) of this subparagraph covered and discard it when it 
turns green.  
(k) After cleaning new glassware in the manner described above, rinse it in hot  water, then 
rinse it in distilled water and dry.  
(l) Pipettes should be rinsed in cold water and then cleaned by soaking for 24 hours in a 
solution of chromic acid in a 250ml glass cylinder or other suitable container, and thereafter 
well rinsed in hot w ater and then in distilled water and dried, or cleaned by some other 
equally effective method.  
(m) Glassware used for the test shall not be used for any other purpose and shall be kept 
separate from all other apparatus in the laboratory.  
(n) The test sha ll be carried out in the manner as set out below:  
(i) Transfer 5ml of the buffer substrate solution to a test tube using a pipette, stopper 
the test tube and bring the contents to a temperature of 37°C +/ - 0,5°C.  
(ii) Add 1 ml of the milk or cream to be tested, replace the stopper of the test tube 
and mix the contents well by shaking.  
(iii) Incubate the test tube for 2 hours + / - 1 minute at 37°C +/ - 0,5°C.   
 
211 
 211 
(iv) With each series of samples, incubate one control sample prepared from 5ml 
of buffer substra te solution and 1ml of boiled milk or cream of the same type as 
that undergoing the test.  
(v) After incubation, remove the test tube from the water bath and mix the contents 
well.  
(vi) P lace the control sample on the left -hand ramp of the stand and the test sample 
on the right.  
(vii) Take the readings in reflected light by looking down onto the two apertures 
with the comparator facing a good source of daylight.  
(viii) If artificial light is needed for matching, use a daylight type of illumination.  
(ix) Revolve the disc until the colour of the test sample matches that of the control 
sample.  
(x) Record readings falling between two standards by affixing a plus or minus sign 
to the figure for the nearest standard.  
 
Coliform Bacteria Test  
 
(4).   The coliform bacteria test for milk, reconstituted (prepared) milk, pasteurised milk, 
pasteurised cream and dairy products shall be carried out in the manner set out below or by 
using VR B MUG agar method described.  
(a) Mix the milk, cream or dairy products th oroughly before sampling from bulk.  
(b)  Thoroughly mix samples of milk, skimmed milk, buttermilk or cream. If it is too thick 
for easy handling, cream may be heated to a temperature not exceeding 37°C. Prepare the 
1:10 dilution (m/m) by adding 1ml of the  product to 9ml of the sterile diluent (phosphate 
buffer or peptone saline solution) or 11ml of the product to 99ml of the diluent.  
(c) Thoroughly mix viscous or semi -solid cultured dairy products and place 11g of the 
mixed product in a sterile wide -mouth ed container. Add 99ml of heated (40°C ) sterile 2% 
(m/v) sodium citrate solution and shake the mixture until homogeneous dispersion is 
obtained. This constitutes the 1:10 dilution (m/m) of the product. Further tenfold dilutions 
are prepared in the sterile  diluent.  
(d) The most probable number (MPN) of coliform bacteria shall be determined as follows:  
(i) Inoculate three test tubes each containing 10ml of double -strength brilliant green 
bile broth as described in paragraph 2(11)(a)(i) to (v) and a Durham tube with 10ml 
of the 1:10 dilution of the product. This inoculation corresponds to 1g or 1ml of the 
product sample in each tube.  
(ii) Inoculate three tubes containing 10ml single -strength brilliant green bile broth 
and a Durham tube with 1 ml of the 1:10  dilution of the product. This inoculation 
corresponds to 0, 1g or 0, 1ml of sample in each tube.   
 
212 
 212 
(iii) Inoculate three tubes each containing 10ml of single -strength brilliant green 
bile broth and a Durham tube with 1ml of the 1:100 dilution or 0,1 diluti on of the 
product. This inoculation corresponds to 0,01g or 0,01ml of the sample in each 
tube.  
(iv) Mix carefully, making sure that no air bubbles are shaken into the Durham 
tubes.  
(v) After preparing the initial dilutions, proceed without delay with the  preparation 
of further dilutions and inoculations.  
(vi) Incubate the inoculated tubes for 48 + / - 2 hours at 30°C +/ - 1°C.  
(vii) A tube containing sufficient gas to fill the concavity of the Durham tube shall 
be recorded as positive. A positive result s hall also be recorded if the Durham tube 
contains less than the said amount of gas but effervescence occurs when the side of 
the test tube is tapped. Record the number of positive results.  
(viii) In the case of fruit yoghurt and other products containing a fermentable 
substance other than lactose, confirm the presence of lactose fermenters by 
transferring one loop full of the contents of each tube showing gas production to 
fresh tubes of single -strength brilliant green bile broth, incubating these tubes fo r 
48 +/ - 2 hours at 30°C +/ - 1°C and examining them for gas production.  
(ix) The number of positive tubes (after confirmation, in the case of products 
containing fermentable substances other than lactose) for each dilution is used for 
determining the MPN of coliform bacteria per 1,0g or 1,0ml of the product in 
accordance with the following table:  
 Number of positive  MPN of 
coliform 
in  Number of positive tubes  MPN of 
coliforms  
1,0g or 
1,0ml  0,1g or 
0,1ml  0,01g or 
0,01ml  1,0g or 
1,0ml  1,0g or 
1,0ml  0,1g or 
0,1ml  0,01g or 
0,01ml  1,0g or 
1,0ml  
 0 0 0 0,0 2 2 2 3,5 
0 0 1 0,3 2 2 3 4,0 
0 1 0 0,3 2 3 0 3,0 
0 1 1 0,6 2 3 1 3,5 
0 2 0 0,6 2 3 2 4,0 
1 0 0 0,4 3 0 0 2,5 
1 0 1 0,7 3 0 1 4,0  
 
213 
 213 
1 0 2 1,1 3 0 2 6,5 
1 1 0 0,7 3 1 0 4,5 
1 1 1 1,1 3 1 1 7,5 
1 2 0 1,1 3 1 2 11,4 
1 2 1 1,5 3 1 3 16,0 
1 3 0 1,6 3 2 0 9,5 
2 0 0 0,9 3 2 1 15,0 
2 0 1 1,4 3 2 2 20,0 
2 0 2 2,0 3 2 3 30,0 
2 1 0 1,5 3 3 0 25,0 
2 1 1 2,0 3 3 1 45,0 
2 1 2 3,0 3 3 2 110,0  
2 2 0 2,0 3 3 3 110,0  
2 2 1 3,0 3 3 3 100,0  
 
(e) Cultured products with developed acidity shall be tested within 48 hours of their 
manufacture.  
 
Violet red bile (MUG) agar method for coliforms and Escherichia coli   
 
(5).  The coliform organism test and the test for Escherichia coli  in milk, reconsti tuted 
(prepared) milk, pasteurised milk, pasteurised cream and dairy products shall be carried 
out in the manner set out below.  
(a) Prepare the samples as follows:  
(i) Thoroughly mix samples of milk, skimmed milk, buttermilk or cream. If it is too 
thick f or easy handling, cream may be heated to a temperature not exceeding 37°C. 
Prepare the 1:10 dilution (m/m) by adding 1ml of the product to 9ml of sterile 
diluent or 11ml of the product to 99ml of diluent.   
 
214 
 214 
(ii) Thoroughly mix viscous or semi -solid cultured  dairy products and place 11g of 
the product in a sterile wide -mouthed container. Then add 99ml of heated (40°C ) 
sterile 2% (m/v) sodium citrate solution and shake the mixture until homogeneous 
dispersion has been obtained. This constitutes the 1:10 dilut ion of the product. 
Prepare further tenfold dilution in the sterile diluent.  
(b) The violet red bile agar is prepared as follows:  
                      g/l  
Brain heart infusion………………………………………….………………………….7,0  
Peptone………………………………………………………………. ………………….4,0  
Lactose……………………………………………………………………….……….…..9,0  
Bile salts No. 3……………………………………………………………………….…...1,5  
Neutral red…………………………………………………….………………………...0,03  
Crystal violet…………………………………………………………………………...0,002  
MUG (4 -methylumbelliferyl B -D-glucuronide) ………………………………………0,1  
Sodium chloride…………………………………. .………………………………….….4,5  
Disodium phosphate…………………………………………………………………….1,0  
Agar…………………………………………………………………………………. …..13,0*  
 
* when testing for Escherichia coli , add the MUG re agent, if not already included in the media, 
according to the manufacturer’s instructions  
 
Note:    (i) The preparation of the samples should not be carried out in direct sunlight; and  
(ii) normal aseptic precautions should be taken when necessary.  
(c) The test shall be conducted as follows:  
(i) Prepare dilutions so as to obtain plates with colony counts of more than 10, if 
possible, and fewer than 150. In the case of milk and liquid dairy products, make 
sure that the micro -organisms in the test sam ple are distributed as evenly as possible 
by inverting the sample container 25 times. If foam is formed, it should be allowed 
to disperse. The interval between mixing and removing the test portion should not 
be longer than three minutes. Remove 1ml of the test sample with a sterile pipette 
and add to 9ml of the diluent (or 10ml of the test sample to 90ml of the diluent or 
11ml of the test sample to 99ml of the diluent). Shake this primary dilution 
thoroughly. In this way, a 10 -1 dilution is obtained.  
(ii) Now prepare further dilutions by transferring, using a sterile pipette, 1ml of the 
primary dilution to another test tube containing 9ml of sterile diluent, avoiding 
contact between the pipette and the diluent. A fresh pipette should be used for each 
diluti on.   
 
215 
 215 
Alternatively, transfer 10ml of the primary dilution to a bottle containing 90ml of 
the sterile diluent, or 11ml of the primary dilution to 99ml of the sterile diluent.  
Mix thoroughly either by aspirating 10 times with a fresh pipette or by mixing 
mechanically for 5 to 10 seconds to obtain the 10 -2 dilution. The frequency of 
rotation in the case of mechanical mixing shall be such that the liquid moves two 
or three centime ters up the side of the vessel while being mixed. If necessary, repeat 
this procedure, using the 10 -2 and further dilutions to obtain 10 -3, 10 -4, etcetera, 
dilutions until the appropriate number of micro -organisms has been obtained.  
Note:  The time lapse b etween the initial measurement of the test portion, the 
preparation of the primary dilution and the mixing of the dilutions and mediums 
shall not be longer than 15 minutes.  
(iii) Use a pipette to transfer 1ml of the liquid product or the appropriate diluti ons 
to the center of two petri dishes. Touch a dry area in the petri dish with the tip of 
the pipette. Use a fresh pipette to inoculate each dilution.  
(iv) Pour about 15ml of the VR B MUG agar at 45°C +/ - 1°C into each petri dish. 
Mix immediately after po uring by rotating the petri dish sufficiently to obtain 
evenly dispersed colonies after incubation. Allow to solidify on a cool horizontal 
surface. After complete solidification, pour about 4ml of the VRB agar at 45°C +/ - 
1°C onto the surface of the inocul ated medium and allow to solidify. Prepare a 
control dish with 15ml of the medium to check its sterility.  
Note:  In order to ensure that the temperature of the medium is 45°C +/ - 1°C before 
pouring, place a thermometer into a 1,5% agar solution portion in a separate 
container identical to that used for the medium. This control portion should be 
exposed to the same heating and cooling as the medium.  
(v) Incubate the plates in an adverted position. Do not stack them more than six 
high. Stack of plates should  be separated from one another and from the sides and 
top of the incubator. Incubate 30°C +/ - 1°C for  24 hours  +/- 2 hours.  
(vi) Examine the plates under a 366 nm ultra violet light. All colonies showing a 
blue fluorescence in the surrounding medium are c ounted. Then examine the plates 
under normal light and count the coliform organisms. Select the plates with more 
than 10 and fewer than 150 colonies. Count the dark red -coloured colonies with a 
diameter of at least 0,5mm, characteristic of coliform organis ms. These dark pink 
to red colonies are usually surrounded by a red zone in the medium. Confirm the 
count by following the procedure described in subparagraph (g). Calculate the 
number of coliform organisms per gram or per milliliter, taking into account t he 
result of the confirmatory test. Five or more fluorescent colonies are regarded as 
positive for Escherichia coli .  
(vii) The confirmatory test is done by inoculating five colonies of each type, if 
available, into tubes of brilliant green lactose bile br oth containing a Durham tube 
and incubating at 30°C +/ - 1°C for 24  hours  +/- 2 hours. Consider colonies that 
show gas formation in the Durham tube to be coliform organisms.  
  
 
216 
 216 
The clot -on-boiling test  
 
(6).      (a) Thoroughly mix the milk before sampling.   
(b) Pour 5ml of milk into a test tube.  
(c) Place the tube in boiling water.  
(d) Ensure that the level of the boiling water is higher than the milk level.  
(e) Stand the test tube of milk in the boiling water for five minutes.  
(f) Remove the test tube from the water and tilt the tube almost horizontally without 
shaking the milk inside.  
(g) Wait until a thin film is formed on the milk.  
(h) The result is positive if all the milk clots or if floccules are seen to be adhering to the 
sides of the tube when  it is returned to the vertical position.  
Note:  Colostrum in milk will result in a positive clot -on-boiling test result. The heat 
stability of the milk is also affected by other factors.  
  
Standard plate count  
 
(7).  (a) Mix raw milk or pasteurised milk thoroughly immediately before sampling from bulk:  
(i) The 1:10 dilution (m/m) of raw or pateurised milk  
(ii) In the case of milk powder and skimmed milk powder the 1:10 dilution (m/m) 
shall be prepared as follows:  
Place 99ml of sterile diluent* into a sterile wide -mouthed container equipped with 
a rubber stopper or a screw top and heat it to 47°C +/ - 2°C by placing it in a water 
bath at this temperature. Weigh 11g of the powder into a sterile aluminium 
weighing boat or  glass container equipped with a rubber stopper or a screw top and 
heat it to 47°C +/ - 2°C by placing it in a water bath at this temperature.  
Quickly add the powder to the warm diluent and turn the diluent bottle slowly in 
order to wet the powder. Then sh ake the bottle 25 times using up and down 
movements of 300mm. Replace the bottle in the water bath for an additional five 
minutes and shake it at intervals. In order to facilitate the reconstitution of the 
powder, a few grams of sterile glass beads may be added to the diluent.  Prepare 
additional tenfold dilutions in sterile diluent (at room temperature) as required.  
(b) Using a fresh pipette, transfer 1ml of each of the dilutions at least in duplicate to sterile 
petri dishes, beginning with the highest co ncentration and ending with the lowest.  
(c) To each dish add 10ml of the standard plate count agar** which has been melted 
beforehand and cooled to 45°C +/ - 1°C.   
 
217 
 217 
(d) Mix the contents of each dish thoroughly using horizontal rotational movement while 
the medium is still fluid.  
(e) Once the medium has set, invert the dishes and incubate at 30°C +/ - 1°C for 72+/ -2 
hours.  
(f) At the end of the incubation period remove the dishes from the incubator and count the 
colony -forming units (C F U) with the aid of m agnification under uniform artificial 
illumination.  
(g) To count the C F Us of each dish, spreader -free dishes containing 30 – 300 CFUs are 
selected; count all the C F Us and calculate the number of CFUs per ml or per gram.  
(h) If the number of C F Us of  each dish exceeds 300, count the CFUs in portions of the 
dish representative of the C FU distribution and use this count to determine the total number 
per dish. Proceed as in (7) above, but record as an “estimated” plate count.  
* Diluents:  
Phosphate buff er solution:  
Potassium dihydrogen orthophosphate………..……………….……………………..5,08g  
Disodium hydrogen orthophosphate………………………………………………..13,63g  
 In 2l distilled water  
OR  
Peptone saline solution  
Peptone………………………………………………………………………….….…1,0g  
Sodium chloride…………………. ……………………………………………………8,5g  
 In 1l distilled water  
Dissolve the components in the water, heating if necessary. Adjust the pH so that, after 
sterilisation, it is 7,0+/ -0,1 at 25°C.  
** Plate count agar  
Tryptone (pancreatic digestive p roduct of casein)…………………..…………………5g  
Yeast extract………………………………………………………………….………2,5g  
Glucose………………………………………………………………………………….1g  
Agar (bacterial grade)……………………………………………………..…………..15g  
Distilled water……………………………………………………………………..……1l  
Final pH of sterilized m edium………………………….………………………..7,0+/ -0,1  
Sterilise for at least 15 minutes at 121°C.  
 
 
Titratable acidity   
 
218 
 218 
 
(8).     (a) Pipette 9ml of milk into a white dish.  
(b) Add either 10 drops or 0, 5 ml of a 1, 6% phenolphthalein indicator solution in 50% 
ethanol t o the milk.  
(c) Titrate with 0, 1N NaOH solution until the first tinge of pink appears, that persists for 
30 seconds.  
(d) To express the titratable acidity of the milk as the percentage of lactic acid, divide by 
10 the number of milliliters of 0, 1 NaOH used in the test.  
 
 
Stability test with ethanol  
 
(8).  Mix one volume of 68% (v/v) aqueous ethanol with one volume of milk or cream. If there are no 
signs of coagulation, the milk or cream shall be deemed to have passed the ethanol stability test.  
 
 
Dry rehydrated film method for standard colony count  
 
(10).     (a) Mix milk or cream thoroughly before sampling from bulk .  
(b) Prepare a 1:10 dilution by adding 1ml to 9ml of sterile phosphate buffer. Mix well.  
Prepare a 1:100 dilution by adding 1ml of the 1:10 dilution to 9ml of sterile phosphate 
buffer. Mix well. Prepare a 1:1 000 dilution by adding 1ml of the 1:100 dilu tion to 9ml of 
sterile phosphate buffer. The final pH should be between 6, 6 and 7, 4.  
(c) Place the films for aerobic bacterial counting on a flat surface and label them. Lift the 
top film and carefully transfer 1ml of the 1:1 000 dilution to the center of the bottom film 
by holding the pipette perpendicular to the film. Release the top film to drop onto the 
sample. Repeat the process with the 1:100 dilution of the sample.  
(d) Distribute the sample evenly on the film by applying gentle downward pressure with a 
spreader. Remove the spreader and leave the film undisturbed for one minute to solidify.  
(e) Stack the films in piles of not more than 20 and incubate the films, with the clear sides 
up, at 32°C +/ - 1°C for 48+ / -2 hours.  
(f) Remove the films from  the incubator at the end of the incubation period and count the 
colony forming units (C F Us) with the aid of magnification under uniform artificial 
illumination as follows:  
(i) All the red colonies, regardless of their size and intensity, should be counted. 
Films with 25 -250 C F Us should be counted. Calculate the number of viable 
bacteria per milliliter of milk.   
 
219 
 219 
(ii) An estimated count can be made on films with the CFUs exc eeding 250 by 
counting at least four squares or 20 per cent of the growth area. Calculate the 
number of viable bacteria per milliliter of milk and record as an “estimated” 
amount.  
(iii) The presence of very high concentrations of colonies results in the e ntire 
growth area of the film becoming red or pink in colour and/or numerous bacteria 
growing on the edges of the growth zone. Report these as too numerous to count (T 
NT C).  
Phosphate buffer  
Potassium dihydrogen 
orthophosphate…………………………………………………………5,08g   
Disodium hydrogen orthophosphate in 2l distilled 
water…………………………………….13,63g  
Sterilize for 15 minutes at 121°C  
 
Dry rehydrated film for standard colony count  
                                                                                                                                   % solids on 
film  
Cold water soluble gel……………………………………………………………………..…1 -10%  
Tetrazolium indicator dye…………………………………………………………………….<1%  
Standard method nutrients……………………………………………………………………1 -5%  
 
Dry rehydrated film method f or coliform and Escherichia coli  count  
 
(11).   (a) Mix milk thoroughly before sampling from bulk. The  pH should be between 6,6 and       
7,4. 
(b) Place the films for Escherichia coli  and coliform counting on a flat surface and label 
them. Lift the top film and transfer 1ml of the milk to the center of the bottom film, by 
holding the pipette perpendicular to the film.  
(c) Slowly roll the top film onto the sample to prevent air bubbles  being trapped under the 
top film.  
(d) Distribute the sample evenly on the film by applying gentle downward pressure with a 
spreader. Remove the spreader and leave the film undisturbed for one minute to solidify.  
(e) Stack the films in piles of no more than 20 and incubate the films, with the clear sides 
up, at 32°C +/ - 1°C for 24+ / -2 hours.  
(f) At the end of the incubation period remove the films from the incubator and count the 
colonies with the aid of magnific ation under uniform artificial illumination as follows (Re -
incubate films for a further 24+/ -2 hours to detect any additional Escherichia coli  growth):   
 
220 
 220 
(i) Blue colonies associated with gas are Escherichia coli and red colonies 
associated with gas are col iform colonies. Colonies that are not associated with gas 
are not counted as coliform colonies. All the red and blue colonies with gas 
represent the coliform colony count.  
(ii) Films with 15 - 150 colonies should be counted. An estimated count can be 
made  on films where the colonies exceed 150 by counting at least 4 squares or 20 
per cent of the growth area. Calculate the number of viable coliform colonies per 
milliliter of milk and report it as an “estimated” coliform colony count.  
(iii) The presence of very high concentrations of colonies causes the entire growth 
area of the film to become purple blue ( Escherichia coli ) or reddish (coliforms) 
and/or many small colonies and/or small gas bubbles to be present. This must be 
recorded as too numerous to count  (T NT C).  
 
Dry rehydrated film for coliform and Escherichia coli counts  
                                                                                                                           % of solid on plate  
Violet red bile nutrients……………………………… …………………………………...…1 -5%  
Cold water soluble gel…. ………………………………………………………………….1 -10%  
Tetrazolium indicator dye……………………………………………………………………<1%  
Glucuronidase indicator……………………………………………………………………..<1%  
 
191 
Pasteurisation   
 
(1).  The pasteurization of milk shall be  performed -  
(a) by heating every particle of the milk to as temperature of at least 63°C (not exceeding 
65,5°C ) and keeping it at that temperature for at least 30 minutes, which heating shall be 
followed by cooling within 30 minutes to a temperature low er than 5°C (this process is 
referred to as the “ holder method” or the “ batch method”); or  
(b) by heating every particle of the milk to a temperature of at least 72°C and keeping it at 
that temperature for at least 15 seconds, which heating shall be fol lowed immediately by 
cooling to a temperature lower than 5°C (this process is hereinafter referred to as the “high -
temperature short -time method”); or  
(c) by any other method prescribed by the board:  
Provided that milk shall in no instance be deemed to have been pasteurized if it fails to 
pass the Aschaffenburg and Mullen phosphate test or any other test, provided the accuracy 
thereof equals that of the Aschaffenburg and Mullen phosphatase test.  
(d). Cream and milk or dairy products containing added sweeteners shall be pasteurized as 
follows:   
 
221 
 221 
(i) by heating every particle of the product to a temperature of at least 66°C and 
keeping it at this temperature for at least 30 minutes; or  
(ii) by eating ever y particle of the product to a temperature of at least 74°C and 
keeping it at this temperature for at least 15 seconds; or  
(iii) by any other method prescribed by the board:  
Provided that such product shall in no instance be deemed to have been pasteuris ed if it 
fails to pass the Aschaffenburg and Mullen phosphatase test or any other test, provided the 
accuracy thereof equals that of the Ascaffenburg and Mullen phosphatase test.  
(c). The process of pasteurization, if carried out according to the high -temperature short -
time method, shall be mechanically controlled with regard to the temperature range of the 
milk and the period for which milk is kept at the prescribed temperature, and the apparatus 
concerned shall be calibrated monthly to ensure the correct ness of the pasteurization 
process.  
(d) . Thermographic recording of temperatures of pasteurization by any method shall be 
made and retained for at least four weeks.  
 
 
 
Schedule 1 4 
 Codex Alimentarius Dairy and Dairy Related Standards  
(192)      
This section refers to Codex Alimentarius  reference codes for some of the dairy and dairy related 
products, quality control and assurance practices  
1. General Standard for Cheese - CODEX STAN 283 -1978  
2. Standard for Mozzarella - CODEX STAN 262 -2006  
3. Standard for Cheddar - CODEX STAN 263 -1966  
4. Standard for Danbo - CODEX STAN 264 -1966  
5. Standard for Edam - CODEX STAN 265 -1966  
6. Standard for Gouda - CODEX STAN 266 -1966  
7. Standard for Havarti - CODEX STAN 267 -1966  
8. Standard for Samsø - CODEX STAN 268 -1966  
9. Standard for Emm ental - CODEX STAN 269 -1967  
10. Standard for Tilsiter - CODEX STAN 270 -1968  
11. Standard for Saint -Paulin - CODEX STAN 271 -1968  
12. Standard for Provolone - CODEX STAN 272 -1968  
13. Standard for Cottage Cheese - CODEX STAN 273 -1968  
14. Standard for Coulommiers - CODEX STAN 274 -1969  
15. Standard for Cream Cheese - CODEX STAN 275 -1973   
 
222 
 222 
16. Standard for Camembert - CODEX STAN 276 -1973  
17. Standard for Brie - CODEX STAN 277 -1973  
18. Standard for Extra Hard Grating Cheese - CODEX STAN 278 -1978  
19. Group Standard for Cheeses in Brine - CODEX STAN 208 -1999  
20. Group Standard for Unripened Cheese including Fresh Cheese - CODEX STAN 221 -2001  
21. Standard for Whey Cheeses - CODEX STAN 284 -1971  
22. Standard for Milk Powders and Cream Powder - CODEX STAN 207 -1999  
23. Standard for Fermented Milks - CODEX STAN 243 -2003  
24. Standard for Milkfat Products - CODEX STAN 280 -1973  
25. Standard for Evaporated Milks - CODEX STAN 281 -1971  
26. Standard for a Blend of Evaporated Skimmed Milk and Vegetable Fat - CODEX STAN 
250-2006  
27. Standard for Sweetened Condensed Milks - CODEX STAN 282 -1971  
28. Standard for  Cream and Prepared Creams - CODEX STAN 288 -1976  
29. Standard for a Blend of Skimmed Milk and Vegetable Fat in Powdered Form - CODEX 
STAN 251 -2006  
30. Standard for a Blend of Sweetened Condensed Skimmed Milk and Vegetable Fat - 
CODEX STAN 252 -2006  
31. Standard for But ter - CODEX STAN 279 -1971  
32. Standard for Dairy Fat Spreads - CODEX STAN 253 -2006  
33. Standard for Fat Spreads and Blended Spreads - CODEX STAN 256 -2007  
34. Standard for Whey Powders - CODEX STAN 289 -1995  
35. Standard for Edible Casein Products - CODEX STAN 290 -1995  
36. Standard for Dairy Permeate Powders - CODEX STAN 331 -2017  
37. Standard for Chocolate and Chocolate Products - CODEX STAN 87 -1981  
38. General Standard for Vegetable Protein Products (VPP) - CODEX STAN 174 -1989  
39. Standard for Soy Protein Products - CODEX STAN 175 -1989  
40. Standard for Aqueous Coconut Products - Coconut Milk and Coconut Cream - CODEX 
STAN 240 -2003  
41. Standard for Honey - CODEX STAN 12 -1981  
42. Standard for Edible Fats and Oils not Covered by Individual Standards - CODEX STAN 
19-1981  
43. Standard for Named Vegetable Oils - CODEX STAN 210 -1999  
44. Standard for Named Animal Fats - CODEX STAN 211 -1999  
45.  Standard for Sugars - CODEX STAN 212 -1999  
46. Standard for Follow -up formula - CODEX STAN 156 -1987  
47. General Standard for Fruit Juices and Nectars - CODEX STAN 247 -2005  
48. Standard for Edible Fungi and Fungus Products - CODEX STAN 38 -1981  
49. Standard for Formula Foods for Use in Weight Control Diets - CODEX STAN 181 -1991   
 
223 
 223 
50. Standard for Formula Foods for Use in Very Low Energy Diets for Weight Reduction - 
CODEX STAN 203 -1995  
51. Standard for Infan t Formula and Formulas for Special Medical Purposes Intended for 
Infants - CODEX STAN 72 -1981  
52. Standard for Foods for Special Dietary Use for Persons Intolerant to Gluten - CODEX 
STAN 118 -1979  
53. Standard for Processed Cereal -Based Foods for Infants and Young Children - CODEX 
STAN 74 -1981  
54. General Standard for the Labelling of Pre -packaged Foods  - CODEX STAN 1 -1985  
55. General Standard for the Labelling of Food Additives when sold as such - CODEX STAN 
107-1981  
56. General Standard for the Labelling of and Claims for Pre -packaged Foods for Special 
Dietary Uses - CODEX STAN 146 -1985  
57. Standard for Labelling of and Claims for Foods for Special Medical Purposes - CODEX 
STAN 180 -1991  
58. General Standard for the Use of Dairy Terms - CODEX STAN 206 -1999  
59. General Standard for Food Add itives - CODEX STAN 192 -1995  
60. General Standard for Contaminants and Toxins in Food and Feed - CODEX STAN 193 -
1995  
61. General Methods of Analysis for Contaminants - CODEX STAN 228 -2001  
62. General Standard for Irradiated Foods - CODEX STAN 106 -1983  
63. General Methods for the Detection of Irradiated Foods - CODEX STAN 231 -2001  
64. General Methods of Analysis for Food Additives - CODEX STAN 239 -2003  
65. Recommended Methods of Analysis and Sampling - CODEX STAN 234 -1999