DEPARTMENT OF HEALTH
FOODSTUFFS, COSMETICS AND DISINFECTANTS ACT, 1972(ACT 54 OF 1972)DRAFT REGULATIONS RELATING TO MISCELLANEOUS ADDITIVES INFOODSTUFFSThe Minister of Health intends, in terms of section 15 (1)of the Foodstuffs,Cosmetics and Disinfectants Act, 1972 (Act. No.54 of 1972) to make regulations inthe Schedule,Interested persons are invited to submit any substantiated comments or representa-tions on the proposed draft regulations, to the Director General of Health, PrivateBag X828, Pretoria. 0001 (for the attention of the Director: Food Control), within threemonths of the date of publication of this notice.SCHEDULEDefinitions
1.In these regulations "the Act shall mean the Foodstuffs, Cosmetics andDisinfectants Act, 1972 (Act No, 54 of 1972), and any expression to which a meaninghas been assigned in the Act shall bear such meaning and, unless the contextotherwise indicates"Good Manufacturing Practice" (GMP)" means that.a) The quantity of the miscellaneous additive added to foodstuff shall be limitedto the lowest possible level necessary to accomplish its desired effect;b) The quantity of the miscellaneous additive that becomes a component offoodstuff as a result of its use in the manufacturing, processing or packagingof a food and which is not intended to accomplish any physical, or othertechnical effect in the foodstuff itself, is reduced to the extent reasonablypossible; and
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c) The miscellaneous additive isof appropriate food grade quality and isprepared and handled in the same way as a food ingredient;"maximum permitted lever' means the maximum amount of a miscellaneousadditive which may be present in the foodstuff as stipulated in the General Standardfor Food Additives (GSFA) of the Codex Alimentarius Commission, unless otherwisestated, and for which the amounts apply to ready-to-eat foodstuffs only unlessotherwise specified;"miscellaneous additives" means any food additive which is used or intended to beused primarily as an acidity regulator,anti-caking agent, antifoaming agent,bleaching agent, bulking agent, carbonating agent, carrier, colour retention agent,
emulsifier, emulsifying salt, firming agent, flavour enhancer, flour treatment agent,
foaming agent, gelling agent, glazing agent, humectants, packaging gas, propellant,raising agent, sequestrant, stabiliser, thickener, but does not include any processingaid; and"processing aid" " means any substance consumed as a food ingredient by itself,
intentionally used in the processing of raw materials, foods or its ingredients, to fulfill
a certain technological purpose during treatment or processing and which may resultin the non-intentional but unavoidable presence of residues or derivatives in the finalproduct, but does not perform technological effect in the final product.
Requirements for the use of miscellaneous additives in foodstuffs
2(1)For the purposes of section 2(1)a)(i) of the Act, to the extent that it isapplied and applicable to foodstuffs, a miscellaneous additive shall at all timesconform with the applicable Specifications of Identity and Purity recommended by theCodex Alimentarius Commission or, in the absence of such specifications, withappropriate specifications developed by reputable national or international bodies. Interms of safety, food grade quality is achieved by conformance of miscellaneousadditives to their specifications as a whole (not merely with individual criteria) andthrough their production, storage, transport, and handling in accordance with GMP.
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(2)No person may sell a miscellaneous additive, or a foodstuff containinga miscellaneous additive as an ingredient, other than a miscellaneous additivereferred toin the General Standard for Food Additives (GSFA) of the CodexAlimentarius Commission.
(3)No foodstuff containing a misce!faneous additive as an ingredient shallexceed the maximum level, taking accompanying notes into consideration, asspecifiedin the General Standard for Food Additives (GSFA) of the CodexAlimentarius Commission, in such a foodstuff.
(4)The food category descriptors within the Food Category System of theGeneral Standard for Food Additives (GSFA) as stipulated for assigning food additiveuses in these Regulations apply to all foodstuffs; provided that it should not beapplied for the purposes of legal product designations, nor are they intended forlabelling purposes,
(5)Miscellaneous additives may not be used in foodstuffs intended forinfants and young children, including foodstuffs intended for infants and youngchildren that are not in good health, unless stipulated otherwise in the relevantregulation.Repeal
3.These regulations repeal the following regulations on the day that theseregulations come into operation:(a) The Regulations Relating to Anti-caking Agents and the Amounts thereof thatmay be used in Foodstuffs published under Government Notice No. 2507 of19 November 1982, Government Notice No, R. 2354 of 27 September 1992and Government Notice No. R.3408 of 24 December 1992.(b) The Regulations Governing Acids, Bases and Salts and the Amounts thereofthe Foodstuffs may contain published under Government Notice No. R. 115 of24 January 1986, Government Notice No, R. 1885 of 4 September 1987.
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(c) The Regulations Governing Emulsifiers, Stabilisers and Thickeners and theand the Amounts thereof the Foodstuffs may contain, Government Notice No.R. 2507 of 19 November 1982; Government Notice No. R. 2354 of 27September 1991; and Government Notice No. R. 3408 of 24 December 1992.(d) The Regulations Governing the use of Certain Food Additives in CertainWheaten and Rye Products, Government Notice No. R. 2417 of 30 October1987; and Government Notice No. R. 1144 of 4 August 1995.(e) The Regulations Relating toBaking Powder and Chemical LeaveningSubstances, Government Notice No. R. 2486 of 26 October 1990.(f)TheRegulationsRelatingtoJam,Conserve,Marmelade andJelly,Government Notice No. R. 2627 of 12 December 1986. Government NoticeNo. R. 2056 of 31 August 1990.
Commencement
4.These regulations shall come into operation on the date of publication of thefinal regulations.
OTSOALED1, MPER OF HEALTH
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