DEPARTMENT OF AGRICULTURE , LAND REFORM AND RURAL DEVELOPMENT  
 
No. R.                dd/mm/yyyy  
 
 AGRICULTURAL PRODUCT STANDARDS ACT, 1990  
 (ACT No. 119 OF 1990)  
 
DRAFT REGULATIONS RE LATING TO  TEA A ND RELATED PRODUCTS INTENDED FOR SALE  
IN THE REPUBLIC OF SOUTH AFRICA  
 
The Minister of Agriculture , Land reform and Rural Development has in terms of section 15 of the Agricultural 
Product Standards Act, 1990 (Act No. 119 of 1990) -- 
 
(a) made the regulations in the Schedule;  and 
 
(b) determined that the said regulations shall come into operation 12 months after date of 
publication thereof . 
 
SCHEDULE  
 
Contents  
 Regulation  
Definitions  1 
Restrictions on the sale of tea and related products    2 
PART I:  CATEGORIES  OF AND STANDARDS FOR TEA AND RELATED PRODUCTS   
Categories  of tea and related products  3 
Named tea  and Unspecified tea  4 
Instant tea (soluble tea extract)  5 
Decaffeinated tea and Decaffeinated instant tea  6 
Tea essence (liquid tea extract / concentrate)  7 
PART II: CONTAINERS AND OUTER CONTAINERS   
Requirements for containers and outer containers  8 
PART III: MARKING REQUIREMENTS   
Marking of containers and outer containers  9 
Indication of the product name  10 
Additions to the  product name  11 
Additional particulars on the container  12 
Indication of the country of origin  13 
Indication of the date marking or batch code or batch number  14 
Restricted particulars  15 
PART IV: SAMPLING AND INSPECTION   
Sampling  16 
Analysis  17 
PART V: OFFENCES AND PENALTIES   
Offences and penalties  18 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
2 
 Definitions  
 
1. Any word or expression in these regulations to which a meaning has been assigned in the Act shall have 
that meaning, and unless the context otherwise indicates – 
 
"assignee " means a person, undertaking, body, institution, association or board designated under section 
2(3) of the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990);  
 
"batch"  means a definite quantity of tea or a related product  produced esse ntially under the same conditions, 
and not exceeding 24 hours;  
 
"best before date"  or "best quality before date" means the date which signifies the end of 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 the food may still be acceptable for consumption;  
 
"container"  means the immediate packaging  in which tea or a related product is presented  for sale to the 
consumer , but excludes individual pods / capsules  and filter bags, as well as sealed bags 
(manufactured from aluminum foil or any other suitable material) containing such units  that are packed 
inside a container ;  
 
"Executive  Officer " means the officer designated under section 2(1) of the Act;  
 
"food additive " means a  permitted substance  as defined in the regulations published under the Foodstuffs, 
Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);  
 
"foodstuff " means a foodstuff as defined  under  the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act 
No. 54 of 1972);  
 
"freeze dried"  means a process in which the product in the liquid state is frozen and the ice removed by 
sublimation, with the dried particles typically having a granular appearance;  
 
"fruit infusion"  means fruit, parts of fruit and parts of the fruit plant (e.g. leaves, seeds and flowers of fruit, 
fruit peel and dried fruit , etc. ) intended for making a brew suitable for consumption as a beverage ;  
 
"ground tea"  means that the  tender shoots and leaves  of varieties of the species Camellia sinensis  (L.) O. 
Kuntze  have been steamed, dried and ground ed into a fine powder;  
 
"herbal infusion " means plants or parts of plants [e.g. rooibos ( Aspalathus linearis),  honeybush ( Cyclopia  
genus), chamomile ( Matricaria retutica or Chamaemelum nobile ) and buchu ( Agathosma Betulina ), 
etc.] intended for making a brew suitable for consumption as a beverage ; 
 
"herbs"  means either fresh or dried non -toxic leafy green  or flowering parts of a  plant used for among others 
the flavouring of foodstuffs ; 
 
"inspector " means an officer under the control of the Executive O fficer, or an assignee or an employee of an 
assignee;  
 
"main panel " means tha t part of the container or outer container  that bears the brand name or trade mark of 
the product in greatest prominence , or any othe r part of the container or outer container  that bears the 
brand name or trade mark in equal prominence;  
 
"outer container " means a container in which more than one container of tea or a related product  is packed ; 
 
"premix"  means a product that consists of tea or a related product mixed with, for example sugar and/or milk 
powder and/or creamer, that is intended to be dissolved in hot or cold water to deliver a ready -to-drink 
beverage;  
 
"prepared tea"  means  a pre-packed ready -to-drink tea beverage , with or without added sugar and/or milk 
and/or creamer and food additives, t hat is obtained by brewing or dissolving any of the categories of 
tea and related products referred to in regulation  3 in water, and that is presented for sale at retail and 
other commercial outlets;    
3 
 "related products " means the products intended for consumption as a beverage as defined in regulations 5 
to 7;  
 
"spice" means dried, pungent or aromatic substances of edible plant origin (i.e. from the root, stem, bulb, bark 
or seeds) primarily used for flavouring, colouring or preserving foodstuffs ; 
 
"spray dried"  means a process in which the product in the liquid state is sprayed into a hot atmosphere and 
formed into dried particles in a powder form by evaporation of the water;  
 
"sugar" means sugar as defined in the Codex Standard for Sugars (CODEX STAN 212 -1999);  
 
"tea" means the product derived solely and exclusively from the tender shoots and leaves of varieties of the 
species Camellia sinensis  (L.) O. Kuntze and produced by acceptable processes (e.g. withering, leaf 
maceration, aeration, drying , etc. ) intended for making a brew suitable for consumption as a beverage ; 
 
"the Act " means the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990); and  
 
"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 du e to safety and quality 
reasons.   
 
Restrictions on the sale of tea and related products  
 
2. (1) No person shall sell tea and related products  in the Republic of South Africa unless – 
 
(a) it is sold according to the c ategories referred to in regulation 3; 
 
(b) it complies with the standards prescribed for each c ategory referred to in regulation s 
4 to 7; 
 
(c) the containers and outer containers in which it has been packed comply with the 
requirem ents referred to in regulation 8;  
 
(d) it is marked in the manner and with the particulars referred to in regulation s 9 to 14; 
and 
 
(e) it has not been marked with any restricted particulars or in a manner which is 
prohibited in terms of regulation  15. 
 
(2) The Executive Officer may grant written exemption, entirely or partially, to any person on such 
conditions,  as he deems necessary, from the provisions of sub -regulation (1).  
 
(3) The restrictions in sub -regulation (1) shall not apply to the sale of –  
 
(a) tea and related products  that are in the course of a business prepared and served on 
the premises in the ready -to-drink form to the consumer at a restaur ant, coffee shop, 
club, canteen, a fixed or mobile stall, or any other catering establishment ;  
 
(b) products based on tea and related products  that are presented for sale to the 
consumer in the ready -to-drink form at retail and other commercial outlets that contain 
added fruit and/or vegetable flavourings , and/or fruit juice  and/or vegetable juice , that 
may have been sweete ned or not (e.g. “Peach f lavoured tea ”, “Ice/ Iced tea  with 
apricot juice ”, etc.); 
 
(c) products based on t ea and related products  that are due to their composition 
presented for sale to the consumer under a specific designation or variant  name such 
as, but not limited to “ Chai latte”, “ Green tea latte ”, etc. , as – 
(i) a ready -to-drink beverage  (hot or cold) at for example a restaurant, coffee shop,  
club, canteen, a fixed or mobile  stall, or any other catering establishment ; or 
 
(ii) an instant  powder form at  retail and other commercial outlets ;  
  
4 
 (d)     premix tea and prepared tea ; and  
 
(e) herbal and fruit infusions when presented for sale on their own.  
 
PART I  
 
CATEGORIES  OF AND STANDARDS FOR  TEA AND RELATED PRODUCTS  
 
Categories  of tea and  related products  
 
3. The categories  of tea and related products  shall be as follows : 
 
(1) Named tea  and Unspecified tea . 
 
(2) Instant tea (soluble tea extract).  
 
(3) Decaffeinated tea and Decaffeinated instant tea . 
 
(4) Tea essence  (liquid tea extract / concentrate ) 
 
Standards for categorie s of tea and related products  
 
Named tea  and Unspecified tea  
 
4.  (1) Tea falling under the categor y Named tea and Unspecified tea shall comply with the standards 
set out in Table 1 below:  
 
TABLE 1  
STANDARDS FOR THE CATEGORY NAMED TEA AND UNSPECIFIED TEA  
 
Name of the 
tea Method of processing/ special treatment applied to 
the tender shoots and leaves of the tea varieties  
 Quality standards  
1 2 3 
Black tea  Withering, rolling/ leaf maceration, fermentation/ aeration 
and drying . All categories shall -- 
 
(a) have a total ash 
content of 4.0 to 
8.0 percent; and  
 
(b) contain at least 
30 percent of 
water soluble 
extract.  Oolong Tea  Withering , rolling/ leaf maceration, part -fermentation/ 
aeration and drying   
Green tea  Enzyme inactivation and commonly rolling or comminution, 
followed by drying . 
White tea  Non-fermentation/ aeration and drying.  
Yellow tea  Light -fermentation/ aeration and drying.  
Matcha Tea  Fine-milling of selected, non -fermented dried tea leaves.  
Pu-Erh tea Post-fermentation/ aeration and drying.  
Unspecified tea  Any other methods of processing/ special treatment  not 
mentioned above.  
 
 (2) Tea falling under the category Named tea and Unspecified tea may contain food additives.  
  
Instant t ea (soluble tea  extract ) 
 
5. Instant t ea (soluble tea  extract ) –  
 
(a) shall consist of the dried soluble solids obtained  by spray drying or freeze drying  the water 
extraction of the categories  of tea referred to in regulation  4;  
 
(b) shall be in the powder or granule  form; and  
 
(c) may contain food additives .  
 
  
5 
 Decaffeinated tea and Decaffeinated instant tea  
 
6. (1) Decaffeinated tea –  
 
(a) shall be obtained from tea of the category Named tea or Unspecified tea  referred to in 
regulation 4  from which caffeine has been removed  by any suitable means ;  
 
(b) shall not contain more that 0.4 percent of anhydrous  caffeine ; and  
 
(c) may contain food additives.  
 
(2)  Decaffeinated instant tea –  
 
(a) shall consist of the dried soluble solids obtained by spray drying or freeze drying the 
water extrac tion of Decaffeinated tea to deliver a product similar to Instant tea (soluble 
tea extract);  
 
(b) shall not contain more that 1.2 percent of anhydrous caffeine ; and  
 
(c) may contain food additives.  
 
Tea essence  (liquid tea extract/ concentrate ) 
 
7. Tea essence  (liquid tea extract / concentrate) shall –  
 
(a) consist of the concentrated essence or liquid extract obtained from the categories of tea 
referred to in regulations 4 and 6(1), with or without added  glycerol and/ or sugar ; and 
 
(b) not contain any added  foodstuffs or food additives other than those mentioned in paragraph 
(a).  
 
PART  II 
 
CONTAINERS  AND OUTER CONTAINERS  
 
Requirements for containers  and outer containers  
 
8. (1) A container in which tea or related products is packed shall -- 
 
(a) be manufactured from a material that -- 
 
(i) is suitable for this purpose;  
 
(ii) will protect the contents thereof from contamination; and  
 
(iii) will not impart any undesirable  taste or flavour to the contents thereof;  
 
(b) be so strong that it will not be d amaged or deformed during normal storage, handling 
and transport practices;  
 
(c) be intact and clean; and  
 
(d) be closed properly in a manner permitted by the nature thereof.  
 
(2) If containers containing tea or related products are packed in outer containers, such outer 
containers shall -- 
 
(a) be intact, clean, neat, suitable and strong enough; and  
 
(b) not impart any undesirable taste or flavour to the contents thereof.  
 
  
6 
 PART III 
 
MARKING REQUIREMENTS  
 
Marking of containers  and outer containers  
 
9. (1) Except where specifically prescribed, all other marking requirements as specified by these 
regulations shall be clearly legible and be indicated at least in English, in a letter or figure size of at least 1 mm 
for lower case vowels.  
 
(2) Each container in which tea and related products are  packed  shall be marked with the following 
particulars:  
 
(a) The product name , and if applicable the additions to the product name , in letters 
of the same type, size, colour and font,  prominently  on at least one main panel i n a 
letter size of at least 2 mm in height for lower case vowels , as set out in regulations 
10 and 1 1 respectively : Provided that the name of the added flavourant (e.g. ‘vanilla 
flavoured’ , ‘bergamot flavouring’ ) may be indicated in one different colour when used 
in the additions to the product name . 
 
(b) The additional particulars on the container , where applicable , as set out in 
regulation 1 2. 
 
(c) The name and address of the manufacturer, packer, importer, seller or person or 
entity on whose beh alf the product  has been packed .  
 
(d) The country of origin , as set out in regulation 1 3.  
 
(e) The date marking (i.e. "best before" or "best quality before" or "use by" or 
"expiration date ") or batch code or batch number  for the purpose  traceability and 
batch identification, as set out i n regulation 1 4. 
 
 (3) The particulars referred to in sub -regulation (2)(a), (c) , (d) and ( e) shall be marked on each 
outer container in which more than one container of tea or a related product  is packed.  
 
(4) Individual pods/ capsules or filter bags containing tea or a related product that are packed 
directly in a container shall be exempted from any of the marking requirements prescribed in sub -regulation 
(2): Provided that – 
 
(a) the individual pods/ capsules or filter bags shall not be sold loose; and  
 
(b) the container containing the individual pods/ capsules or filter bags shall be marked 
with all the prescribed marking requirements and in the prescribed letter sizes.  
 
(5) When individual pods/ caps ules or filter bags containing tea or a related product are packed 
in a sealed bag (manufactured from aluminum foil or any other suitable material) inside a container, the sealed 
bag shall be exempted from any of the marking requirements prescribed in sub -regulation (2) : Provided that – 
 
(a) the sealed bag shall not be sold loose; and  
 
(b) the container containing such sealed bag shall be marked with all the prescribed 
marking requirements and in the prescribed letter sizes.  
 
Indication of  the product name  
 
10. The product name s for the categories  of tea and related product s shall be as follows:  
 
 
 
 
 
  
7 
 TABLE 2 
PRODUCT NAME S FOR THE CATEGORIES  OF TEA AND RELATED PRODUCTS  
 
Category  
 Product name  
1 2 
 (a)   Named tea and Unspecified Tea:  
(i)  Black tea  
(ii)  Oolong tea  
(iii)  Green tea  
(iv)  White tea  
(v)  Yellow tea  
(vi)  Matcha tea  
(vii)  Pu -Erh tea  
(viii)  Unspecified tea   
(i) “Black tea” or “Tea”  
(ii) “Oolong tea”  
(iii) “Green tea”  
(iv) “White tea”  
(v) “Yellow tea”  
(vi) “Matcha tea”  
(vii) “Pu-Erh tea”  
(viii) The appropriate product name used when tea 
has been processed/ treated in a manner other 
than the methods described in regulation 4(1), 
Table 1.   
(f)  Instant tea  (soluble tea  extract ) “Instant ‘X’ tea” or “Soluble ‘X’ tea”  
(g) Decaffeinated tea and Decaffeinated   
instant tea  “Decaffeinated ‘X’ tea”/ “ Decaf ‘X’ tea” or 
“Decaffeinated instant tea”/ “Decaf instant tea”, as 
the case may be.  
(d) Tea essence (liquid tea extract / 
concentrate)  “‘X’ tea essence” or “ ‘X’ tea concentrate” or “Liquid 
‘X’ tea extract”/ “Liquid ‘X’ tea concentrate”  
Note: ‘X’ refers to the name of the specific category  of tea used . 
 
Additions to the p roduct name  
 
11. (1)  The expression “blend” shall form  part of the product name  in the case where  –  
 
(a) two or more  categories  of tea are blended and packed in the same  container ;  
 
(b) one or more categories  of tea are  blended with a herbal infusion ; or 
 
(c) a specific category of tea was source from different countries, locations or 
geographical areas  and blended.  
  
        (2) When  a foodstuff , herbal infusion and/or a fruit infusion,  herb and/ or spice have been added 
to tea or related products , the actual name of the added foodstuff , herbal infusion,  fruit infusion , herb and/ or 
spice shall  form part of the product name : Provided that where a mixture of two or more kinds of herbs or 
spices have been added , the expression “mixed herbs” or “mixed spices”, as the case may be, may be used  
instead . 
 
 (3) When  a flavouring has been added to tea or a related product  in order to render a distinctive 
specific flavour thereto, the product name concerned shall be preceded by the descriptive name for the 
distinctive flavour concerned and the expression “X Flavoured”, or followed by the expression “with X  Flavour” 
or “with X Flavouring”, where “X” indicates the name(s) of the flavouring(s) used, unless the flavourant 
concerned has been added with the intention to enhance the flavour of the added foodstuff, herbal infusion , 
fruit infusion,  herb or spice con cerned . 
 
(4) The expression “ground” shall form part of the product name in the case where  a category of 
tea is presented for sale in the ground form.  
 
(5) The expression “loose leaf” shall form part of the product name in the case where loose leaf 
tea is packed in the container.   
 
 (6) Notwithstanding the requirements in sub -regulations (2) and (3), t he following applicable 
expressions only may be indicated as  part of the product name : Provided that a complete ingredients list 
appear  on the container:  
  
8 
 (a) ‘Chai’ - if a blend of spices (e.g. cardamom, cinnamon, fennel, black pepper, cloves, 
etc.) has been added to the tea concerned ; or 
 
(b) ‘Earl Grey’ - if the tea concerned has been f lavoured with oil from the rind of bergamot 
orange.    
 
 (7) The following information may be indicated as  part of the product name  and/or be indicated 
on its own:  
 
(a) The name of a  specific country, location or geographical area whe n the category of 
tea is derived exclusively from one country, location or geographical area .  
 
(b) The name of a specific country, location or geographical area whe n a specific category 
of tea was source from different countries, locations or geographical areas, but the 
name of only a specific country, location or geographical area is indicate as the origin  
from where the tea is derived: Provide that -- 
 
(i) the largest percentage of the tea concerned originates from the named 
country, location or geographical area ; and  
 
(ii) the tea from the named country, location or geographical area lends the 
determining character to the tea blend concerned (e.g. ‘Ceylon blend’, ‘Assam 
tea blend’ ). 
  
(c) The name or description  used to distinguish between the various  blends within a 
specific category of tea (e.g. English breakfast, Breakfast blend, House blend, 
Afternoon tea ): Provided that if the expression “blend” forms part of such name or 
description, it shall be subject to the provisions of sub-regulation (1) . 
 
(d) The inten sity of the tea when brewed (e.g. mild, medium, strong).  
 
(e) The method used  to obtain Instant tea ( soluble tea  extract ) in the powder form , i.e. 
spray dried or  freeze dried.  
 
(f) The claims “100%”, “100% pure” , “100% tea”, “100% pure tea”, “pure tea” or “pure” , 
or any word or words having a similar meaning,  in the case of Named tea and 
Unspecified tea , Instant tea ( soluble tea extract), Decaffeinated tea  and Decaffeinated 
instant tea only: Provided that if a flavouring and/or any foodstuff has been added to 
the afore -mentioned products, these claims shall not be marked on the container of 
such products.  
 
Additional particulars on the container  
 
12. Sensory descriptions about the flavour and aroma  of a particular tea or a related product may be 
indicated on the container: Provided that it does not form part of the product name  and that the sensory 
descriptions is associable with the actual tea fragrance . 
 
Indication of the c ountry of origin  
 
13. (1) The country of origin shall be declared as follows on every cont ainer:  
 
(a) "Product of (name of country)" if all the main ingredients, processing and labour used 
to make the product are from one specific country; or  
 
(b) "Produced in (name of country)", "Processed in (name of country)", "Manufactured in 
(name of country)", "Made in (name of country)", or wording having a similar meaning, 
when the product is processed in a second country which changes its nature; or  
 
(c) In the case where single ingredient agricultural commodities are imported in bulk and 
where owing to climatic,  seasonal or other contingencies more than one country may 
be the source of the single ingredient agricultural commodity, the wording “Product of 
(name(s) of country(ies))” separated by the expression ‘and/or’, shall be declared on  
9 
 the label of the final p re-packed foodstuff: Provided that the final end product remains 
a single in gredient agricultural commodity.  
 
(2) The words "Packed in (name of country)" may be used in addition to the requirements referred 
to in sub-regulation  (1). 
 
(3) The name(s) of the country(ies) indicated in terms of sub-regulations (1) and (2) may not be 
abbreviated.  
 
Indication of  the date marking or batch code or batch number  
 
14. (1) For the purpose of batch identification and traceability, e ach container contai ning tea and 
related products shall be clearly marked with the date marking or batch code or batch number in such a way 
that the specific batch is easily identifiable and traceable.  
 
(2) (a) If a date marking appears on a container – 
 
(i) it shall be preceded by appropriate wording “best before” or “best quality 
before” and/or “use by”, and/or “expiration date”, depending on the nature of 
the tea or related product c oncerned;  
 
(ii) abbreviations of the preceding wording shall not be allowe d, except in the 
case of “best before” where the abbreviation “BB” may be used;  
 
(iii) the date sequence shall be “day -month -year” (i.e. “dd/mm/yyyy”) when 
numbers only are used: Provided that in the case of imported products where 
an altered date sequence  is used, the month shall be indicated in letters, either 
written out in full or abbreviated, and the year shall be written out in full; and  
 
(iv) it shall not be removed or altered by any person.  
 
(b) If tea or a relate product is  packed in an outer container, which will during normal 
usage be discarded by the consumer, the date marking shall, if indicated, appear on 
each individual container that will be retained by the consumer until consumption.  
 
Restricted particulars   
 
15.     (1)     (a) No product name  other than th e applicable product name  in Table 1 for the tea or 
related product concerned shall be marked on a container thereof : Provided that 
product  name s of other categorie s of tea and/or related products from the same 
manufacturer indicated for the sole purpose of promotion  and/or comparative claims 
shall be allowed on the side panel or back panel of a container and shall be 
accompanied by wording such as but not limited to for example “also try these 
products in o ur range”, etc.  
 
(b) No word or expression which so nearly r esembles the product name  for tea or a 
related product concerned that it could be misleading with regard to the composition 
of the product presented for sale shall be marked on the container of such product.  
 
(2) No word, mark, illustration, depiction or other method of expression that constitutes a 
misrepresentation or directly or by implication creates or may create a misleading impression regarding the 
quality, nature, category, origin or composition of tea or a related product  shall be marked on a container of 
such product.  
 
(3) Subject to the provisions of regulation 11(7)(f), the claims “100%”, “100% pure” “100% tea”, 
“100% pure tea”, “pure tea”  or “pure”  shall not be marked on the container of  the Tea essence (liquid tea 
extract/ concentrate) .  
 
(4) No claim regarding the absence of any substance that does not normally occur in tea or a 
related  product shall be marked on the container of such product, except in the cases where the negative claim 
is allowed for in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act 
No. 54 of 1972).   
10 
 (5) The word “instant” may only be marked on a container containing Instant t ea (soluble tea 
extract ) and Decaffeinated instant  tea.  
 
(6) Any depictions, illustrations , words or wording which emphasise the presence of the added 
foodstuff , herbal infusion , fruit infusion , herb or spice  in tea or related product s shall only be allowed if the 
requirements of Quantitative Ingredient Declarations (QUID), as specified in the regulations published under 
the Foodstuffs , Cosmetics and Disinfectants Act,1972 (Act No. 54 of 1972), have been complied with.  
 
(7) The provisions of this regulation shall also apply to particulars that are marked on -- 
 
(a) an outer container in which one or more separate containers of tea or  related products  
is packed;  
 
(b) a notice board displayed at or in the immediate vicinity of  tea or a related product  that 
is kept or displayed for sale; a nd 
 
(c) all advertisements for  tea a nd related products . 
 
PART I V 
 
SAMPLING AND INSPECTION  
 
Sampling  
 
16. For the purpose of inspection for quality control , an inspector shall take such samples of a product, 
material, substance or other article in question as he or she may deem necessary.  
 
Analysis  
  
17.  (1) Samples shall be analysed using the latest versions of the methods  set out in Table 3.  
 
(2) Notwithstanding sub -regulation (1), any other method which is accepted and approved by the 
Association of Official Agricultural Chemists ( AOAC) or the I nternational Organization for Standardization ( ISO) 
may be used: Provided that – 
 
(a) the method concerned h as been validated;  
 
(b) the laboratory concerned employing this method has been accredited (e.g. by 
SANAS); and  
 
(c) the laboratory concerned conducts proficiency testing/ inter -laboratory comparisons.  
 
TABLE 3 
METHODS OF ANALYSIS  
 
 
Nature of determination  
  
Method  
 
(a) Caffeine content  ISO 10727:2002  
(b) Total ash (on a dry basis)  AOAC 920.100A  
(c) Water soluble extract/ matter (on a dry basis)  AOAC 920.100B  
 
(3) If the results of the analysis performed deviate from the prescribed compositional 
requirements for the  product  concerned, the whole batch from which the relevant samples were 
obtained shall be regarded as non -compliant.  
 
 
 
 
 
  
11 
 PART V 
 
OFFENCES  AND PENALTIES  
 
Offences and penalties  
 
18. Any person who contravenes or fails to comply with the provisions of these regulations shall be guilty 
of an offence and upon conviction be liable to a fine or imprisonment in accor dance with section 11 of the Act.