AGRICULTURAL PRODUCT STANDARDS ACT, 1990(ACT No. 119 OF 1990)REGULATIONS RELATING TO THE CLASSIFICATION, PACKING AND MARKING OF DAIRYPRODUCTS AND IMITATION DAIRY PRODUCTS INTENDED FOR SALE IN THE REPUBLIC OFSOUTH AFRICAThe Minister of Agriculture, Forestry and Fisheries has under section 15 of the Agricultural ProductStandards Act, 1990 (Act No. 119 of 1990) --
(a)made the regulations in this Schedule;
(b)repealed the regulations published by the following Government Notices:
(i)R. 2580 of 20 November 1987.(ii)R. 2581 of 20 November 1987.(iii)R. 1059 of 3 June 1988.(iv)R. 1060 of 3 June 1988.(v)R. 2141 of 6 October 1989.(vi)R. 1465 of 26 August 1994; and(c)determined that the said regulations shall come into operation 12 months after date ofpublication thereof.SCHEDULEContents RegulationDefinitions
Restrictions on the sale of dairy products and imitation dairyproductsPART I: DAIRY PRODUCTS2Page number
2
4
Classes of dairy products 3 5General standards for dairy products 4 5Standards for milk 5 6Standards for cultured milk 6 8Standards for buttermilk & cultured buttermilk 7 9Standards for sweetened condensed milk 8 10Standards for evaporated milk 9 11Standards for yoghurt & drinking yoghurt 10eeloe OOOOOOOOOO a12Standards for yoghurt with added foodstuff and/ orfruit 11 13Standards for cream, cultured cream & acidified cream 12 15Standards for cheese & cheese with added foodstuff 13 16Standards for process cheese & cheese spread (with or withoutadded foodstuff) 14 18Standards for cream cheese & cream cheese with addedfoodstuff 15 19Standards for cottage cheese & cottage cheese with addedfoodstuff 16 20Standards for butter & cultured butter 17 21Standards for modified butter 18 22Standards for dairy powder & dairy powder blend 19 22Standards for milk fat 20 24
1GOVERNMENT NOTICE
DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES
No. R.260 27 March 2015
This gazette is also available free online at www.gpwonline.co.zaSTAATSKOERANT, 27 MAART 2015 No. 38615 5
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 Contents Regulation Page numberStandards for dairy liquid blend & cultured dairy liquid blend....... 21 24
PART II: IMITATION DAIRY PRODUCTSClasses of imitation dairy products 22Standards for imitation dairy products 232626
PART III: REQUIREMENTS FOR CONTAINERSRequirements for containers 24 27PART IV: MARKING REQUIREMENTS
Marking of containers & outer containers 25 28Indication of class designation 26 29Additions to class designation 27 29Additional particulars on the main panel 28 30Batch identification 29 31Additional particulars on containers 30 31Restricted particulars on container & outer container 31 31Inspection & sampling 32 33Methods of analysis 33 33Offences and penalties 34 35
Definitions1. Any word or expression in these regulations to which a meaning has been assigned in the Act shallhave that meaning and, unless the context otherwise indicates -"address" means a physical address and includes the street or road number or name and the name ofthe town, village or suburb and, in the case of a farm, the name or number of the farm and of themagisterial district in which it is situated;"animal fat" means any fat of animal origin, excluding milk fat and marine fat;"batch" means a definite quantity of a dairy product or imitation dairy product produced essentially underthe same conditions, and which do not exceed a period of 24 hours;"class designation" means a class designation, alternate class designation or the type of dairy productor imitation dairy product as specified by these regulations;"commercially sterile" means the absence of microorganisms capable of growing in the dairy product atnormal non-refrigerated conditions at which the food is likely to be held during manufacture,distribution and storage;"composite dairy product" means a product consisting of a combination of a primary dairy product andanother foodstuff the solids of which are not intended to replace any part of the milk solids of thatprimary dairy product;"container" means any packaging of dairy or imitation dairy product directly in contact with the productfor delivery as a single item and includes wrappers and multipacks when such is offered to the
consumer;"dairy product" means a primary dairy product, a composite dairy product or a modified dairy product;
2This gazette is also available free online at www.gpwonline.co.za6No. 38615 GOVERNMENT GAZETTE, 27 MARCH 2015
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 "food additive" means a substance, supplement or any other substance which may be added to afoodstuff to affect its keeping quality, consistency, colour, taste, flavour, smell or other technicalproperty as permitted for in the regulations published under the Foodstuff, Cosmetics andDisinfectants Act, 1972 (Act No. 54 of 1972), and includes but is not limited to acids, bases, salts,preservatives, antioxidants, anti-caking agents, colourants, flavourings, emulsifiers, stabilisers
and thickeners;"foodstuff' means a foodstuff as defined by the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (ActNo. 54 of 1972);"fruit" means an edible part of a fruit and/or vegetable, either fresh or preserved, presented as but notlimited to pulp, puree or fruit juice concentrate;"heat treatment" means pasteurisation, UHT, sterilisation or any other suitable heat treatment of a dairyproduct or an imitation dairy product as defined in the regulations published under the Foodstuffs,Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);"imitation dairy product" means any product other than a dairy product or a fat spread, that is of animalor plant origin and in general appearance, presentation and intended use corresponds to a dairyproduct;"inspector" means the executive officer or an officer under his or her control, or an assignee or anemployee of an assignee;"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 dairyproduct or imitation dairy product, and includes labelling for the purpose of promoting its sale ordisposal;"main panel" means that part of the container, outer container or label that bears the brand or tradename of the product in greatest prominence or any other part of the container or label that bears
the brand or trade name in equal prominence;"marine fat" means fat obtained from marine animals;"milk" means the normal secretion of the mammary glands of bovines, goats or sheep or other milkinganimals;"milk solids" means the solids of milk after the removal of the moisture;"m/m" means the percentage fat, total solids, protein or fruit content, as the case may be, calculated on amass per mass basis;"modified dairy product" means a product that, in so far asitrelates to general appearance,presentation and intended use, corresponds to a primary dairy product, and of which not morethan 50 per cent 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 packaging other than an outer container which consist of multiple individualcontainers of 150 ml/g or less of the same type of dairy product or imitation dairy product inindividual containers and is intended to be consumed separately and is sold as one unit only;"organic" means a product which has been produced, processed and handled in compliance with organicproduction standards and certified by a recognised accredited certification body or authority;"outer container" means any packaging other than gift packs or hamper packs containing individualcontainers or multipacks whether it completely or partially encloses the containers or multipacks;"pasteurisation" means the heat treatment of a dairy product or an imitation dairy product as defined inthe regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No.54 of 1972);3This gazette is also available free online at www.gpwonline.co.zaSTAATSKOERANT, 27 MAART 2015 No. 38615 7
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 "permitted non-nutritive sweetener" means a non-nutritive sweetener permitted in terms of theregulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of1972);"primary dairy product" means milk or a product that has been derived or manufactured solely frommilk, and to which no substances other than permitted food additives not intended to replace any
part of the milk solids in that product are added, and includes a product that consists of a
combination of two or more such products;"recombined milk product" means milk or a milk product resulting from the combination of milk fat andmilk-solids-non-fat in their preserved forms with or without the addition of water to achieve the
appropriate milk product composition;"reconstituted milk product" means milk or a milk product resulting from the addition of water to thedried or concentrated form of the product in the amount necessary to re-establish the appropriatewater to solid ratio;"registered trade mark" means a registered trade mark as defined by the Trade Marks Act, 1993 (ActNo. 194 of 1993);"sterilisation" means the heat treatment of a dairy product or an imitation dairy product as defined in theregulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of1972);"sugar" means sugar as defined in the Codex Standard for Sugars (CODEX STAN 212-1999);"the Act" means the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990);"ultra high temperature (UHT) " means the heat treatment of a dairy product or an imitation dairyproductas definedinthe regulations published under the Foodstuffs, Cosmetics andDisinfectants Act, 1972 (Act No. 54 of 1972);"ultra-pasteurisation" means the heat treatment of milk to achieve an end product that complies with thespecifications of Table 1 A;"vegetable fat" means oil or fat that is obtained from vegetable matter; and"yoghurt culture" means a culture consisting of Lactobacillus delbrueckii subsp. bulgaricus andStreptococcus thermophilus or another similar culture used for the manufacture of the primarydairy product known as yoghurt.
Restrictions on the sale of dairy products and imitation dairy products
2.(1)No person shall sell a dairy product or an imitation dairy product in the Republic of SouthAfrica -
(a)unless such product is classified and presented for sale according to the classreferred to in regulations 3 and 22;
(b)unless such product complies with the relevant prescribed standards;
(c)unless such product is packed in a container and/or outer container and in a
manner so prescribed by regulation 24;
(d)unless a container in which such product is packed, is marked with particulars
and in a manner set out in regulations 25 to 30;
4This gazette is also available free online at www.gpwonline.co.za8No. 38615 GOVERNMENT GAZETTE, 27 MARCH 2015
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 (e)if such product contains a substance so prescribed as a substance which it maynot contain; and
(f)if such product is marked with particulars which it may not be marked as set outin regulation 31.
(2)The prohibition set out in sub-regulation (1) shall not apply to the sale of a dairy productor an imitation dairy product that is an infant formula and a follow-up formula as defined in the regulationspublished under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972).
(3)The Executive Officer may grant written exemption, entirely or partially to any person onsuch conditions, as he or she may deem necessary, from the provisions of sub-regulation (1).
Classes of dairy products
3.(1)PART I: DAIRY PRODUCTS
Dairy products shall be classified --
(a)in accordance with the classes specified in column 2 or the alternate classdesignations (where applicable) as specified in column 3 of Tables 1 to 17 for thetype of dairy product concerned; or
(b)as the type of dairy product concerned specified in column 1 of the applicableTable, if the dairy product does not fall within the classes already provided for incolumn 2 of the applicable Tables, except for cheese specified in Table 9 whichshall be the alternate class designations specified in column 3: Provided that --
(i)the expression "fat free", "low fat" or "reduced fat", as the case may be,shall form part of the class designation; and
(ii)the nutrient claim or comparative claim in sub-paragraph (i) above shallcomply with the requirements for such claim as specified intheregulations published under the Foodstuffs, Cosmetics and DisinfectantsAct, 1972 (Act No. 54 of 1972).
General standards for dairy products
4.(1)All classes of dairy products shall --
(a)have a clean characteristic flavour, texture and taste of the specific productconcerned;
(b)subject to the provisions of sub-regulation (3), be free of any substance that doesnot naturally form part of milk; and
(c)comply with the applicable standards as specified in columns 4, 5, 6, 7, 8, 9 and10 of Tables 1-17 opposite the class concerned.
(2)Subjectadditional requirementsto the provisions of sub-regulation (1), dairy products shall comply with thefor each product concerned indicated in regulations 5 to 21.
(3)A dairyin the regulations publis1972).product may contain other foodstuffs and food additives to the extent permissiblehed under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of
5
501119—BThis gazette is also available free online at www.gpwonline.co.zaSTAATSKOERANT, 27 MAART 2015 No. 38615 9
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 (4)Subject to the provisions of sub-regulation (3), a composite dairy product shall be free ofany substance that does not naturally form part of milk or the foodstuff that has been added thereto.Standards for milk
5.(1)Milk shall --
(a)not clot when boiled for five minutes;
(b)comply with the provisions of regulation 4; and
(c)result in the lactoperoxidase activity and 13- lactoglobulin content as specified inTable 1A.
(2)In the case where foodstuffs and/or food additives have been added to milk, the milksolids, pH value, freezing point and the provisions of Table 1 A shall not be applicable.
6
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Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 7TABLE 1CLASSES OF AND STANDARDS FOR MILKType ofprimary dairyproductClass/ ClassdesignationAlternate classdesignationMilk fat content(%)(m/m)Minimum milk solidsnot-fat contentMinimummilkproteincontentcalculatedpH valueat20 - 25°CMaximumfreezingpoint (°C)AdditionalrequirementsCalculatedon thetotalCalculatedon afat-freecontentbasison a fat-(%)(m/m) (%)(m/m)free basis(%)(m/m)123456789101.MilkHigh fat milk More than 4.5 8.28.636.5 - 6.85-0.512Table 1A,Regulation 28(3), (4) and (6)Full fat milkFull cream milk; Wholemilk; MilkMore than 3.3 - 4.5 8.38.636.5 - 6.85-0.512Table 1A,Regulation 28(3), (4) and (6)Medium fat milkX % Medium fat milk;X % Medium creammilkMore than 1.5 - 3.3 8.48.636.5 - 6.85-0.512Table 1A,Regulation 28(3), (4) and (6)Low fat milk More than 0.5 - 1.5 8.58.636.5 - 6.85-0.512Table 1A,Regulation 28(3), (4) and (6)Fat free milkSkim(med) milkNot more than 0.5 8.68.636.5 - 6.85-0.512Table 1A,Regulation 28(3), (4) and (6)Not specifiedX denotes the actual percentage (%) of milk fatThis gazette is also available free online at www.gpwonline.co.zaSTAATSKOERANT, 27 MAART 2015 No. 38615 11
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 TABLE 1AADDITIONAL STANDARDS FOR MILKPasteurisedmilkUltra pasteurisedmilkUHTmilkSterilisedmilk12345
LactoperoxidaseactivityPositiveNegativeNegativeNegative
p-Lactoglobulincontent> 2500 mg /litre2000 mg/litre? 50 mg/litre< 50 mg/litre
Standards for cultured milk
6.(1)Cultured milk shall --
(a)be obtained from heat treated milk and/or reconstituted or recombined milk thathas been inoculated with a culture to produce a microbiological flora undercontrolled conditions;
(b)contain at least 107 colony forming units per gram (CFU/g) of viable lactic acid orlactic acid and aroma producing micro-organisms per gram of a product;
(c)have a pH value of less than 4.6; and
(d)comply with the provisions of regulation 4.
(2)The word "maas" in the alternate class designation may be substituted by the word"amazi" or "amasi".
TABLE 2CLASSES OF AND STANDARDS FOR CULTURED MILKType ofprimarydairyproductClass/ ClassdesignationAlternate classdesignationMilk fat content
(%)(m/m)Minimum milk solids
non-fat contentMinimum milkproteincontentcalculated ona fat- freeCalculatedon the totalcontentCalculatedon a fat-free basis(%)(m/m)(%)(m/m)basis(%)(m/m)12345671.CulturedmilkCultured highfat milkHigh fat maas;
High fat sourmilkMore than 4.58.28.63.0
Cultured full fatmilkSour milk;Maas;More than 3.3 -4.58.38.63.0Cultured fullcream milk;Full creammaas
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Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 Type ofprimarydairyproductClass/ ClassdesignationAlternate classdesignationMilk fat content( %)(mlm)Minimum milk solids
non-fat contentMinimum milkproteincontent
calculated ona fat- free
basis(%)(m/m)Calculatedon the totalcontent( %)(mlm)Calculatedon a fat-free basis(%)(m/m)
34567Culturedmedium fat milkMedium fat sourmilk; Medium fatmaasMore than 1.5 -3.38.48.63.0
Cultured low fat
milkLow fat sour
milk; Low fatmaasMore than 0.5 -1.58.58.63.0
Cultured fat free
milkCulturedskim(med) milk;Skim(med) sourmilk;Fat free sourmilk; Skim(med)maas; Fat freemaasNot more than 0.58.68.63.0
Standards for buttermilk and cultured buttermilk
7.(1)Buttermilk shall be manufactured by the butter making process, and may be inoculatedwith a butter culture or with lactic acid and aroma producing cultures.
(2)Cultured buttermilk shall --
(3)(a)be obtained from heat treated milk and/or reconstituted or recombined milk;
(b)be soured by inoculation with a butter culture or lactic acid, or with lactic acid andaroma producing cultures;
(c)have a pH value of less than 4.6; and
(d)contain at least 107 colony forming units per gram (CFU/g) of viable lactic acid orlactic acid and aroma producing micro-organisms per gram of a product.Both buttermilk and cultured buttermilk shall comply with the provisions of regulation 4.
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Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 TABLE 3CLASSES OF AND STANDARDS FOR BUTTERMILK AND CULTURED BUTTERMILK
Type of dairy productClass /Class designation Alternate classdesignationMilk fat content(%)(m/m)Minimummilk solidsnon-fat
contentcalculatedon the totalcontent(%)(m/m)1 2 3451.ButtermilkLow fat buttermilk More than 0.5 - 1.56.0Fat free buttermilk Skim(med) buttermilk Not more than 0.5 6.0
2.CulturedbuttermilkCultured high fat buttermilk More than 4.5 8.2
Cultured full fat buttermilk Cultured buttermilk;Cultured full creambuttermilkMore than 3.3 - 4.58.3
Cultured medium fatbuttermilkMore than 1.5 - 3.38.4
Cultured low fat buttermilk More than 0.5 - 1.58.5
Cultured fat free buttermilk Skim(med) culturedbuttermilkNot more than 0.58.6
*Not specified
Standards for sweetened condensed milk
8.(1)Sweetened condensed milk shall --(a)be manufactured by partial removal of water from milk with the addition of sugar,or by any other process which leads to a product of the same composition andcharacteristics; and
(b)comply with the provisions of regulation 4.
(2)Sodium chloride may be added during the manufacturing process.
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Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 TABLE 4CLASSES OF AND STANDARDS FOR SWEETENED CONDENSED MILKType of dairyproductClass/ ClassdesignationAlternate classdesignationMilk fat
content(%)(m/m)Minimum milk solidscontentMinimummilk proteincontentcalculated ona milk solidsnon- fat basis(%)(m/m)Calculatedon thetotalcontent(%)(m/m)Calculatedon afat- freebasis(%)(m/m)12345671.SweetenedcondensedmilkSweetenedcondensed highfat milkAt least 16 1434
Sweetenedcondensed fullfat milkSweetenedcondensed milk;Sweetened
condensed fullcream milk8 - less than1628 34
Sweetened
condensedmedium fat milkMore than 1 -less than 8242034
Sweetened
condensedskim(med) milkNot morethan 124 34
*Not specified
Standards for evaporated milk
9.(1)Evaporated milk shall --
(a)be manufactured by partial removal of water from milk by heat, or by any otherprocess which leads to a product of the same composition and characteristics;and
(b)comply with the provisions of regulation 4.
TABLE 5CLASSES OF AND STANDARDS FOR EVAPORATED MILKType of dairyproductClass / ClassdesignationAlternateclassdesignationMilk fatcontent(%)(m/m)Minimum milk solidsnon- fat contentMinimummilk proteincontentMaximummoisturecontent Calculated Calculatedon thetotalcontent(%)(m/m)on afat- freebasis(%)(m/m)calculatedon a milksolids non-fat basis(%)(m/m)
(%)(m/m)
123456781. EvaporatedmilkEvaporatedhigh fat milk*At least
1511.53473
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Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 Type of dairyproductClass / ClassdesignationAlternateclassdesignationMilk fatcontent(%)(m/m)Minimum milk solidsnon- fat contentMinimummilk proteincontentcalculatedon a milksolids non-fat basis(%)(m/m)Maximummoisturecontent(%)(m/m)Calculatedon thetotalcontent(%)(m/m)Calculatedon afat- freebasis(%)(m/m)I2345678Evaporated fullfat milkEvaporatedmilk;Evaporatedfull creammilk7.5 - lessthan 1525 3475
Evaporatedmedium fatmilkMorethan 1 -less than7.520 3480
Evaporatedskim(med) milkNot morethan 120 3480
* Not specified
Standards for yoghurt and drinking yoghurt
10.(1)Yoghurt and drinking yoghurt shall --
(a)be manufacturedmainly fromheat treatedmilkand/or reconstitutedorrecombined milk that has been inoculated with a yoghurt culture to produce amicrobiological flora under controlled conditions;
(b)contain at least 107 colony forming units per gram (CFU/g) of viable yoghurtculture micro-organism per gram of a product;
(c)not be subjected to heat treatment after fermentation; and
(d)comply with the provisions of regulation 4.
(2)If a specific micro-organism is used in conjunction with the sale of any type of (drinking)yoghurt and where the content claim is made in the labelling that refers to the presence of such specificmicro-organism that has been added to supplement the yoghurt culture, it shall contain at least 107 colonyforming units per gram (CFU/g) of that specified micro-organism.
(3)The standards specified in Table 6 shall be applicable to yoghurt and drinking yoghurt --
(a)without added sugar; and
(b)with or without food additives, which have only been sweetened with a permittednon-nutritive sweetener.
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Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 TABLE 6CLASSES OF AND STANDARDS FOR YOGHURT AND DRINKING YOGHURTType ofdairyproductClass/ ClassdesignationAlternate classdesignationMilk fatcontent(%)(m/m)Minimum milk solidsnon- fat contentMinimummilkproteincontentcalculatedon a fat-free basis(%)(m/m)Calculatedon thetotalcontent(%)(m/m)Calculatedon a fat-free basis(%)(m/m)
12345671. YoghurtHigh fat yoghurtDouble creamyoghurtMore than 4.58.28.62.7
Full fat yoghurt Yoghurt; Fullcream milkyoghurt; Full
cream yoghurtMore than 3.3 -4.58.28.62.7
Medium fat yoghurt More than 1.5 -3.38.28.62.7
Low fat yoghurt "More than 0.5 -1.58.48.62.7
Fat free yoghurtSkim(med) milkyoghurtNot more than
0.58.68.62.7
2. DrinkingYoghurtHigh fat drinkingyoghurtDouble creamdrinking yoghurtMore than 4.58.28.62.5
Full fat drinkingyoghurtDrinking yoghurt;Full cream milk
drinking yoghurt;Full creamdrinking yoghurtMore than 3.3 -4.58.28.62.5
Medium fatdrinking yoghurt*More than 1.5 -3.38.28.62.5
Low fat drinkingyoghurt*More than 0.5 -1.58.48.62.5
Fat free drinkingyoghurtSkim(med) milk
drinking yoghurtNot more than0.58.68.62.5
* Not specified
Standards for yoghurt with added foodstuff and/or fruit
11.(1)Yoghurt with added foodstuff and/or fruit, shall -
(a)be manufacturedmainly fromheattreated milkand/or reconstitutedorrecombined milk that has been inoculated with a yoghurt culture to produce amicrobiological flora under controlled conditions;
(b)contain at least 107 colony forming units per gram (CFU/g) of viable yoghurt
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Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 culture micro-organisms per gram of a product;
(c)comply with the applicable standards for the class concerned;
(d)not be subjected to heat treatment after fermentation, and
(e)comply with the provisions of regulation 4.
(2)A composite dairy product of the type known as fruit yoghurt shall have a total fruitcontent of at least 6 per cent but not more than 25 per cent on a mass per mass basis.
(3)The total dry matter content of a composite dairy product of the type known as yoghurtwith added foodstuff and/or fruit, and which has been sweetened with a permitted non-nutritivesweetener, shall, in the case of --
(a)high fat yoghurt with added foodstuff and/or fruit be at least 15 per cent (m/m);
(b)full fat yoghurt with added foodstuff and/or fruit be at least 14.5 per cent (m/m);
(c)medium fat yoghurt with added foodstuff and/or fruit be at least 14 per cent(m /m);
(d)low fat yoghurt with added foodstuff and/or fruit be at least 13.5 per cent (m/m);and
(e)fat free yoghurt with added foodstuff and/or fruit be at least 13 per cent (m/m).
(4)The expression "drinking", "pouring", or any other similar word may precede or form partof the class designation if the yoghurt with added foodstuff and/or fruit is specifically manufactured forsuch purpose.
(5)If a specific micro-organism is used in conjunction with the sale of any type of yoghurtwith added foodstuff and/or fruit, and where the content claim is made in the labelling that refers to thepresence of such specific micro-organism that has been added to supplement the yoghurt culture, it shallcontain at least 107 colony forming units per gram (CFU/g) of that specified micro-organism.
(6)The standards specified in Table 7 shall also be applicable to yoghurt which is sweetenedwith added sugar.
(7)Subject to the provisions of regulation 28 (3), the name of the added sugar may not formpart of the class designation in the case of yoghurt sweetened with sugar.
TABLE 7CLASSES OF AND STANDARDS FOR YOGHURT AND DRINKING YOGHURT WITH ADDEDFOODSTUFF AND/OR FRUITType ofcomposite dairyproductClass/ ClassdesignationAlternate class
designationMilk fat content(Y0)(m/m)Total drymatter
contentMinimum
milk proteincontent(%)(m/m)(%)(m/m)1234561. Yoghurt withadded
foodstuffand/or fruitHigh fat yoghurt with(name of the addedfoodstuff and/or fruit)Double creamyoghurt with(name of the
added foodstuffand/or fruit)More than 4.5 At least 18.0 2.0
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Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 Type ofcomposite dairyproductClass/ ClassdesignationAlternate class
designationMilk fat content(%)(m/m)Total drymattercontent(%)(m/m)Minimummilk protein
content(%)(m/m)123456Full fat yoghurt with(name of the addedfoodstuff and/or fruit)Yoghurt with
(name of theadded foodstuffand/or fruit);Full cream
yoghurt with(name of theadded foodstuffand/or fruit)More than 3.3 - 4.5At least 17.52.0
Medium fat yoghurtwith (name of theadded foodstuff and/orfruit)More than 1.5 - 3.3 2. 0
Low fat yoghurt with(name of the addedfoodstuff and/or fruit)More than 0.5 - 1.5More than17.02.0
Fat free yoghurt with
(name of the addedfoodstuff and/or fruit)Not more than 0.5More than16.52.0
* Not specified
Standards for cream, cultured cream and acidified cream
12.(1)Cream, cultured cream and acidified cream shall comply with the provisions of regulation4.
(2)Cultured cream shall --
(a)be soured by inoculation with a lactic acid or lactic acid and aroma producingculture; and
(b)contain at least 107 colony forming units per gram (CFU/g) of viable lactic acid orlactic acid and aroma producing micro-organisms per gram of a product.
(3)Acidified cream shall be obtained by acidifying cream with permitted acids or acidityregulators to achieve a desired pH value.
TABLE 8CLASSES OF AND STANDARDS FOR CREAM, CULTURED CREAM AND ACIDIFIED CREAMType of dairyproductClass/ Class designationAlternate classdesignationMilk fat content(%)(m/m)pH value
12 3461. CreamDouble thick cream Clotted cream More than 456.5 - 6.85Whipping cream Cream;Thick cream30 - 456.5 - 6.85Whipped cream 25 - less than 306.5 - 6.85
15This gazette is also available free online at www.gpwonline.co.zaSTAATSKOERANT, 27 MAART 2015 No. 38615 19
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 Type of dairyproductClass/ Class designationAlternate classdesignationMilk fat content( /0)(m/m)pH value
12 346Dessert cream Cooking cream 20 - less than 256.5 - 6.85Medium fat cream Thin cream; Pouring cream;Coffee cream10 - less than 206.5 - 6.85
2. AcidifiedcreamAcidified cream More than 20 *Medium fat acidified cream *10 - 203. CulturedcreamCultured cream Sour cream More than 20Less than 4.6Medium fat cultured cream Medium fat sour cream 10 - 20Less than 4.6
*Not specified
Standards for cheese and cheese with added foodstuff
13.(1)Cheese shall be manufactured by --
(a)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 theaction of rennet or other suitable coagulating agents, and partially draining thewhey resulting from the coagulation, and which will result in a concentration ofmilk protein (in particular, the casein portion), and that consequently, the proteincontent of the cheese will be distinctly higher than the protein level of the blend ofthe afore-mentioned milk materials from which the cheese was made; and/or
(b)processing techniques involving coagulation of the protein of milk and/or productsobtained from milk which give an end-product with similar physical, chemical andorganoleptic characteristics as the product defined under paragraph (a).(2)Cheese and cheese with added foodstuff shall --
(a)be a ripened or unripened soft, semi-soft, semi-hard or hard product and can be
coated with wax or another protective substance; and
(b)comply with the provisions of regulation 4.
(3)In the case of cheese with added foodstuff the fat-in-dry-matter content may be up to 5per cent less and the dry matter content may be up to 5 per cent more than that required for cheese ofthe class designation concerned.
(4)If the class designation or the alternate class designation is in the case of whey cheesenot provided for in Table 9, the class designation indicated shall be preceded by the expression "whey".
(5)In the case where an accelerated ripening period method is used, the prescribedminimum ripening period shall not apply: Provided that the cheese shall have similar physical, chemical
and organoleptic properties of the cheese concerned.
16This gazette is also available free online at www.gpwonline.co.za20 No. 38615 GOVERNMENT GAZETTE, 27 MARCH 2015
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 TABLE 9CLASSES OF AND STANDARDS FOR CHEESEType of cheeseClass/ ClassdesignationAlternate classdesignationFat in dry mattercontentMinimumdry mattercontent(°/0)(m/m)Minimum
ripeningperiod(weeks)Minimum(°/0)(m/m)Maximum(%)(m/m)12345671.Hard cheeseHigh fat cheeseUnspecified60 56(Full fat) cheeseAsiago45 6320Cacciocavallo45*6420Cheddar48*615Emmental45*608Gruyere45*628Mature cheddar48*6225Pecorino45*6012Sams(?)45*543Unspecified4559605Medium fatcheeseMedium fatcheddar3547485Medium fat25445612PecorinoMedium fat Samso3544463Parmesan25446425Reggiano304567*Unspecified 10445282.Semi-High fat cheese Drakensberg 56*56*hard Unspecified60*60 1cheeseHigh fat bluemould cheeseUnspecified60*526(Full fat) cheeseBaby Gouda4860553Cheshire48*564Danbo45*523Edam38 47Feta45*Gouda or sweetmilk48*553Halloumi45*52Havarti45*50Mozzarella45*31Provolone45*514Tilsiter45*553Washed curd
cheese45*524Unspecified4559504(Full fat) blueBlue Stilton45 566mould cheeseWensleydale45*566Unspecified 5059526(Full fat) white
mould cheeseStilton; WhiteStilton50 566Wensleydale45*566Unspecified5059506
17This gazette is also available free online at www.gpwonline.co.zaSTAATSKOERANT, 27 MAART 2015 No. 38615 21
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 Type of cheeseClass/ ClassdesignationAlternate classdesignationFat in dry mattercontentMinimumdry mattercontent(%)(m/m)Minimumripeningperiod
(weeks)Minimum(%)(m/m)Maximum(%)(m/m)1234567Medium fatCumin4044534cheeseMedium fat Danbo3544443Medium fat Feta304434*Medium fat Gouda3847483Medium fat Havarti384446 1Medium fat304426*MozzarellaMedium fat Tilsiter3544493Unspecified 104434*Medium fat whitemould cheeseUnspecified 10
3. Semi-SoftHigh fat cheeseUnspecified60 55cheese(Full fat) cheeseUnspecified455948(Full fat) whiteBrie45*432mould cheeseBel Paese45*50*Camembert45*432Saint (St) Paulin40*44 1Unspecified40*43*(Full fat) blue Gorgonzola 5060566mouldRoquefort5060566Unspecified4854502Medium fatRobiola354435*cheeseUnspecified2544**Medium fat whiteMedium fat Brie4044442mould cheeseMedium fat4044412CamembertUnspecified 1044204. Soft cheeseHigh-fat cheeseUnspecified60 50(Full fat) cheeseCoulommiers40*422Limburger45*38*Ricotta505945*Romadur45*40*Unspecified455940*Medium fat Medium fat ricotta 254425*cheeseUnspecified 104420** Not specified
Standards for process cheese and cheese spread (with or without added foodstuff)
14.(1)Process cheese and cheese spread, either with or without added foodstuff, shall --
(a)be manufactured by the grinding, mixing, melting and emulsifying, with the aid ofheat and an emulsifying agent, of a type of cheese specified in item 1, 2, 3 or 4 ofcolumn 1 of Table 9 or the type of cream cheese specified in column 1 of Table11;
(b)during the manufacture thereof be heat treated for 30 seconds at a temperature
18This gazette is also available free online at www.gpwonline.co.za22 No. 38615 GOVERNMENT GAZETTE, 27 MARCH 2015
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 of 70 °C, or any other equivalent or greater time/temperature combination; and
(c)comply with the provisions of regulation 4.
(2)If a designation specified in column 3 of Table 9 is used in connection with the sale ofprocess cheese or cheese spread (with or without added foodstuff), the specified cheese shall consist ofat least 50 per cent of the cheese concerned in the final product except for blue mould cheese which shall
consist of at least 42 per cent of the cheese concerned.
(3)In the case of process cheese and cheese spread with added foodstuff the fat-in-dry-matter content may be up to 5 per cent less and the dry matter content may be up to 5 per cent more than
that required for process cheese and cheese spread of the class designation concerned.
TABLE 10CLASSES OF AND STANDARDS FOR PROCESS CHEESE AND CHEESE SPREADType of dairyproductClass / ClassdesignationAlternate classdesignationFat in dry mattercontentMinimum drymatter content(%)(m/m) Minimum
(%)(m/m)Maximum(%)(m/m)
12 3451.Process cheeseHigh fat processcheeseDouble creamprocess cheese 60 52Full fat processcheeseProcess cheese; Fullcream processcheese405940Medium fat process
cheese 2539302. Cheese spread High fat cheesespreadDouble creamcheese spread 60 44
Fullfat cheese spread Cheese spread; Fullcream cheesespread405941
Medium fat cheese
spread 253931*Not specified
Standards for cream cheese and cream cheese with added foodstuff
15.(1)Cream cheese and cream cheese with added foodstuff shall --
(a)be manufactured mainly from the primary dairy product known as cream andproducts obtained from milk; and
(b)comply with the provisions of regulation 4.
(2)The fat-in-dry-matter content of cream cheese with added foodstuff may be up to 5 percent less and the dry matter content may be up to 5 per cent more than that required for cheese of theclass designation concerned.
(3)In the case of Mascarpone, the pH value shall be more than 5.5 but not exceeding 6.6.
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Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 TABLE 11CLASSES OF AND STANDARDS FOR CREAM CHEESE AND CREAM CHEESE WITH ADDEDFOODSTUFFType of dairyproductClass / ClassdesignationAlternate classdesignationFat in dry mattercontentMinimumdry mattercontent(%)(m/m)Milk fatcontent(%)(m/m) Minimum(%)(m/m)Maximum(%)(m/m)
1 2345671.Cream
cheeseFull fat creamcheeseMascarpone;Cream cheese70 45At least 33
Medium fat creamcheese 526935At least 20 but
less than 33* Not specified
Standards for cottage cheese and cottage cheese with added foodstuff
16.(1)Cottage cheese and cottage cheese with added foodstuff shall be manufactured frommilk or products obtained from milk.
(2)Creamed cottage cheese shall be manufactured mainly from the primary dairy productsknown as cottage cheese and cream.
(3)Cottage cheese and cottage cheese with added foodstuff shall comply with the provisionsof regulation 4.TABLE 12CLASSES OF AND STANDARDS FOR COTTAGE CHEESE AND COTTAGE CHEESE WITH ADDEDFOODSTUFFType of dairyproductClass / ClassdesignationAlternate class designation Fat in drymattercontent(%)(m/m)Maximummoisturecontent(%)(m/m)Total drymattercontent(%)(Inini)12 37561.CottagecheeseFull fat cottage cheeseCottage cheese;Full cream cottage cheese;Creamed cottage cheese45 - 6075
Medium fat cottagecheese25 - 4477
2.Cottagecheese withaddedfoodstuffFull fat cottage cheesewith (name of the added
foodstuff)Cottage cheese with (name
of the added foodstuff);Full cream cottage cheesewith (name of the addedfoodstuff); Creamedcottage cheese with (name
of the added foodstuff)45 - 6073More than
27
Medium fat cottage
cheese with (name of
the added foodstuff)25 - 4475More than
25
* Not specified
20This gazette is also available free online at www.gpwonline.co.za24 No. 38615 GOVERNMENT GAZETTE, 27 MARCH 2015
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 Standards for butter and cultured butter
17.(1)Butter and cultured butter shall --
(a)be manufactured by churning or crystalisation of cream using the appropriatemethod;
(b)not contain any animal fat, vegetable fat or marine fat; and
(c)comply with the provisions of regulation 4.
(2)Cream that is intended for the manufacturing of butter may be neutralized to a pH of nothigher than 7.6 by means of a substance which is permitted for such purpose by the regulationspublished under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972).
(3)Cream that is intended for the manufacturing of cultured butter shall be inoculated with asuitable bacterial culture to an extent that the cultured butter has a pH of less than 6.3 after fermentation.
(4)In the case where butter is manufactured from whey, the applicable class designationshall be preceded by the expression "whey".
TABLE 13CLASSES OF AND STANDARDS FOR BUTTER AND CULTURED BUTTERType ofprimary
dairyproductClass / ClassdesignationAlternate
classdesignationMilk fat(%)(m/m)Maximum
moisturecontent(%)(m/m)Maximum
milksolidsnon-fatcontent(%)(m/m)MaximumSodiumchloridecontent(%) (m/m)pH value
12345678
1. ButterSalted butterButterAt least 801622
UnsaltedbutterAt least 801620
Medium fatsalted butterMedium fatbutter50 - 60 2
Medium fatunsalted
butter50 - 65 0
2. CulturedbutterUnsaltedcultured butterCultured
butterAt least 801620Less than 6.3
Medium fatunsalted
cultured butterMedium fatculturedbutter50 - 65 0Less than 6.3
*Not specified
21This gazette is also available free online at www.gpwonline.co.zaSTAATSKOERANT, 27 MAART 2015 No. 38615 25
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 Standards for modified butter
18.(1)Modified butter shall --
(a)be manufactured by blending butter fat with plant fat, animal fat and/or marinefat; and
(b)comply with the provisions of regulation 4.
(2)The word "spread" may form part of the class designation in the case where the modifiedbutter is specifically manufactured for such purpose.
TABLE 14CLASSES OF AND STANDARDS FOR MODIFIED BUTTERType ofmodified dairy
productClass / ClassdesignationAlternate
classdesignationMinimummilkfat
content(%)(m/m)Maximumvegetableoil content
(%)(m/m)Maximummarinefatcontent(%)(m/m)Total fatcontent
(%)(m/m)Additional
requirements
123456791.Modified
butterFull fat
modifiedbutterModifiedbutter40404075 - 85Regulation 28
(2) & 30 (2)and (3)Medium fatmodifiedbutter30303050 - 65Regulation 28(2) & 30 (2)and (3)* Not specified
Standards for dairy powder and dairy powder blend
19.(1)Milk powder and butter milk powder shall be manufactured by partial removal of waterfrom the liquid primary dairy product concerned.
(2)All other primary dairy powder products not mentioned in sub-regulation (1) shall bemanufactured by any other suitable manner to produce an end product that complies with the applicablespecifications for the product concerned.
(3)Dairy powder blend shall --
(a)be manufactured by blending more than one primary dairy product; and
(b)contain no animal, plant or marine fat.
(4)Dairy powder and dairy powder blend shall comply with the provisions of regulation 4.
22This gazette is also available free online at www.gpwonline.co.za26 No. 38615 GOVERNMENT GAZETTE, 27 MARCH 2015
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 TABLE 15CLASSES OF AND STANDARDS FOR DAIRY POWDER AND DAIRY POWDER BLENDType of dairypowder productClass / ClassdesignationAlternate classdesignationMilk fat( /0)(m/m)Minimum milkproteincontentcalculated ona milk solidsnon-fat basis(%)(m/m)Maximummoisturecontent(%)(m/m)
12 34561. Milk powderHigh fat milk powder Cream powder At least 42 345Full fat milk powder (Whole) Milkpowder; Fullcream dry milk;Full cream milkpowder; Full fatdry milk26 - less than 42 345
Medium fat milkpowderMedium fat dry
milkMore than 3 -less than 26345
Low fat milk powder Low fat dry milk More than 1.5 -3.0345
Skim(med) milk
powderSkim(med) drymilkNot more than1.5345
2.ButtermilkpowderButtermilk powderDry buttermilk 345
3.Whey powderWhey powderDry whey 105Acid whey powderDry acid whey 74.5
4.CheesepowderCheese powder At least 18 *5
5.Dairy powderblendHigh fat dairy powderblend.At least 42 305
Full fat dairy powderblendFull cream dairypowder blend26 - less than 42 305
Medium fat dairypowder blend*More than 3 -
less than 26305
Low fat dairy powderblendMore than 1.5 -3.0305
Skim(med) dairypowder blendNot more than1.5305* Not specified
23This gazette is also available free online at www.gpwonline.co.zaSTAATSKOERANT, 27 MAART 2015 No. 38615 27
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 Standards for milk fat
20.(1)Milk fat shall --
(a)be manufactured by removal of water and non-fat solids from milk or productsobtained from milk; and
(b)comply with the provisions of regulation 4.
TABLE 16CLASSES OF AND STANDARDS FOR MILK FATType of dairyproductClass designation Alternate classdesignationMinimum milk fatcontent (%)(m/m)Maximum moisturecontent (%)(m/m)
1 2 34 61.Milk fatGhee 99.60.4
Butter oilAnhydrous butter fat;Anhydrous milk fat99.80.2
Standards for dairy liquid blend and cultured dairy liquid blend
21.(1)Dairy liquid blend and cultured dairy liquid blend shall --
(a)be manufactured by blending more than one primary dairy product;
(b)contain no animal, plant or marine fat; and
(c)comply with the provisions of regulation 4.
(2)Cultured dairy liquid blend shall --
(3)(a)be manufactured from heat treated dairy liquid blend which has been inoculatedwith a cultureto produce aspecific microbiological flora under controlledconditions; and
(b)contain at least 107 colony forming units per gram (CFU/g) of viable lactic acidproducing micro-organisms per gram of a product.The word "blend" in the alternate class designation may be substituted by the word"mixture" or "mix".
24
This gazette is also available free online at www.gpwonline.co.za28 No. 38615 GOVERNMENT GAZETTE, 27 MARCH 2015
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 25TABLE 17CLASSES OF AND STANDARDS FOR DAIRY LIQUID BLEND AND CULTURED DAIRY LIQUID BLENDType of dairyproductClass / ClassdesignationAlternate class designation Milk fat content (%) (m/m)Minimum milk solidsnon- fat contentMinimum milkprotein contentcalculated on afat- free basis(%)(m/mpH valueCalculatedon the totalcontent( %)(mlm)Calculatedon a fat-free basis( %)(m /m1 2 3 456781.Dairy liquid blendHigh fat dairy liquidblendHigh fat dairy blend More than 4.5 8.28.62.6
Full fat dairy liquidblendDairy blend; Full cream dairyliquid blend: Full cream dairyblendMore than 3.3 - 4.5 8.38.62.6
Medium fat dairyliquid blendMedium fat dairy blend; More than 1.5 - 3.3 8.38.62.6
Low fat dairy liquidblendLow fat dairy blend More than 0.5 - 1.5 8.48.62.6*Fat free dairy liquidblendFat free dairy blend; Skim(med)dairy blendNot more than 0.5 8.68.62.6
2. Cultured dairyliquid blendHigh fat cultured dairyliquid blendHigh fat cultured dairy blend;High fat maas blendMore than 4.5 8.28.62.6Less than 4.6Full fat cultured dairyliquid blendCultured dairy blend; Full creamcultured dairy liquid blend; Fullcream cultured dairy blend; MaasblendMore than 3.3 - 4.5 8.38.62.6Less than 4.6
Medium fat cultureddairy liquid blendMedium fat cultured dairy blend;Medium fat maas blendMore than 1.5 - 3.3 Less than 4.6
Low fat cultured dairyliquid blendLow fat cultured dairy blend; Lowfat maas blendMore than 0.5 - 1.58.48.62.6Less than 4.6Fat free cultured dairyliquid blendFat free cultured dairy blend; Fatfree maas blend; Skim(med)cultured dairy blend; Skim(med)maas blendNot more than 0.58.68.62.6Less than 4.6
3. Dairy dessertsDairy dessertCustardDairy snack *
*1.5*
**Not specifiedThis gazette is also available free online at www.gpwonline.co.zaSTAATSKOERANT, 27 MAART 2015 No. 38615 29
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 PART II: IMITATION DAIRY PRODUCTSClasses of imitation dairy products
22.(1)Imitation dairy product shall be classified in accordance with the classes specified incolumn 1 or 2 of Table 18.
(2)If the type of imitation dairy product referred to in sub-regulation (1) complies with therequirements forthe nutrient content claim or the comparative claim as specified in the regulationspublished under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972), theexpression "fat free", "low fat", "reduced fat", "light", "lite" or any other words with a similar meaning, asthe case may be, may form part of the class designation.Standards for imitation dairy products
23.(1)All classes of imitation dairy products shall -
(a)have a clean, characteristic flavour and taste of the product concerned;
(b)subject to the provisions of sub-regulation (6), be free of any substance that doesnot naturally form part of the raw materials from which it is manufactured; and
(c)comply with the applicable standards specified in columns 3 and 4 of Table 18opposite the class concerned.
(2)At least 50 per cent of the dry matter content of an imitation dairy product of the typeknown as imitation milk powder 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 class known as blend of skimmed milk with vegetable fatshall consist of milk constituents, to which vegetable fat has been added.
(4)An imitation dairy product shall, in the case of a powdered form, contain not more than 5
per cent moisture (m/m).
(5)The expression "powder(ed)" or "liquid", as the case may be, may form part of the classdesignation.
(6)An imitation dairy product may contain other foodstuff and/or food additives to the extentpermissible in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (ActNo. 54 of 1972).
TABLE 18CLASSES OF AND STANDARDS FOR IMITATION DAIRY PRODUCTSType/ Class of imitationdairy productClass I ClassdesignationMinimum totalfat content(%)(m/m)Minimum proteincontentcalculated on afat- free basis(%)(m/m)Additionalrequirements
1 23451.CreamerCoffee creamer;Tea creamer**Regulation 28 (2) &(9)
2.Imitation milkpowderBlend of skimmed milkandvegetable fat20Regulation 23 (2)Regulation 28 (2) &(9)
26This gazette is also available free online at www.gpwonline.co.za30 No. 38615 GOVERNMENT GAZETTE, 27 MARCH 2015
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 Type/ Class of imitationdairy productClass / ClassdesignationMinimum totalfat content(%)(m/m)Minimum proteincontentcalculated on afat- free basis(%)(m/m)Additionalrequirements
1 234 53.Imitation milk(Name of plant)MilkRegulation 28 (2) &(9)4.Imitation creamConfectionery topping;Dessert topping;Savoury toppingDairy free cream;Non-dairy creamRegulation 28 (2) &32 (12)
5.Imitation(Sweetened)condensed milkwith vegetable oilor fat(Sweetened)condensed milk withvegetable oil orvegetable fat7.534Regulation 23 (3)
6.Imitation CheeseImitation cheeseDairy free cheeseRegulation 28 (2) &
31 (12)
7.Unspecifiedimitation dairyproductsCultured (name of theplant)Regulation 28 (2) &
31 (12)* Not specified
PART III: REQUIREMENTS FOR CONTAINERS AND OUTER CONTAINERSRequirements for containers and outer containers
24.(1)A container or outer container in which a dairy product or an imitation dairy product ispacked shall --
(a)be made 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 flavour or taste to the contents thereof;
(b)be so strong thatitwill 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 sterilizedbefore a dairy product or an imitation dairy product is packed therein;
(d)be intact; and
(e)be closed properly in a manner permitted by the nature thereof.
(2)No outer container shall contain more than one class of dairy product or imitation dairyproduct, irrespective whether those dairy products or imitation dairy products are packed therein inseparate containers.
27This gazette is also available free online at www.gpwonline.co.zaSTAATSKOERANT, 27 MAART 2015 No. 38615 31
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 PART IV: MARKING REQUIREMENTSMarking of containers and outer containers
25.(1)Except where specifically prescribed, all other marking requirements as specified bythese regulations shall be clearly legible and be indicated at least in English, in a letter or figure size of atleast 1 mm for lower case vowels.
(2)The container of a dairy product or an imitation dairy product shall be marked with thefollowing particulars:
(3)(a)The class designation and if applicable the additions to the class designationin letters of the same type, size, colour and font, prominently on the main panel inletter size of at least 2mm for lower case vowels.
(b)The additional particulars on the main panel, where applicable.
(c)The name and address of the manufacturer, packer, importer or seller of that
dairy product or imitation dairy product: Provided that in the case where it is notpossible to use the physical address a postal address with a telephone numbermay be used.
(d)The nett and/or drained mass, or volume whichever one is applicable, of thedairy product or imitation dairy product packed therein as required in terms of theTrade Metrology Act, 1973 (Act No. 77 of 1973): Provided the height of the mass orvolume indications shall comply with the requirements as set out in the TradeMetrology Act, 1973 (Act No. 77 of 1973).
(e)The ingredient list, in the manner prescribed in the regulations published underthe Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972).
(f)The "best before" or "use by" or "sell by" date and the batch code or batchnumber inthe manner prescribed inthe regulations published under theFoodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972).
(g)The country of origin, which shall be declared as follows:
(i)"Product of (name of country)" if all the main ingredients, processing andlabour used to make the foodstuff are from one specific country; or
(ii)"Produced in (name of country)", "Processed in (name of country)","Manufactured in (name of country)", "Made in (name of country)" orsimilar words when a foodstuff is processed in a second country whichchanges its nature:
(iii)Provided that the words "Packed in (name of country)" may be used inaddition to the requirement of sub-paragraph (i) or (ii) above.The particulars referred to in sub-regulation (2) (a), (c), (d) and (f) shall be marked on anouter container in which more than one container of a dairy product or an imitation dairy product is
packed.
(4)If a primary dairy product known as milk or cultured milk is sold from a tank into thecontainer of the buyer, the tank from which such milk or cultured milk is sold shall be marked in theimmediate vicinity of the tap with the applicable class designation and the manner of heat treatment, e.g."pasteurised" or if not heat treated, the expression "raw" or "unpasteurised", in letters and figures of whichthe minimum vertical height is at least 50mm.
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Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 (5)In the case of a multipack, only the particulars prescribed in sub-regulation (2) (a) shall beindicated on the individual containers: Provided that such individual containers may not be sold loose andthat the outer container or the foil lid is marked with all the prescribed marking requirements.
(6)If a primary dairy product known as cheese is cut and packed in the retail trade, thecontainer or wrapper thereof shall be provided with a label indicating the particulars referred to in sub-
regulation ( 2) (a), (c), (d), (e), (f) and (g) and regulation 29.
(7)No word or expression may be bigger than the class designation unless it is --
(a)a registered trade mark or trade name; or
(b)the name that is used in connection with the sale of the cheese specified in Table9: Provided that the difference in letter size may not exceed 5 mm.Indication of class designation
26.(1)The class designation of a dairy product or an imitation dairy product shall be --
(a)the applicable class designation or the alternate class designation as specified inregulations 3 and 22; or
(b)any combination of the class designation and the alternate class designation:Provided that the designation shall represent the true description of the productconcerned.
(2)In the case of other dairy products or imitation dairy products of which the classdesignation or the alternate class designation thereof is not provided for by these regulations, the classdesignation shall be the true description of the product concerned: Provided that it is not misleading andthat in the case of modified dairy products or imitation dairy products the word "modified" or "imitation", asthe case may be shall form part of the class designation.
(3)If imitation milk is derived from plant material, the word "milk" shall be preceded by thename of the plant concerned and the word "imitation" may be omitted.
(4)The word "process" in the class designation of process cheese and process cheese withadded foodstuff may be substituted by the word "processed".
(5)The class designation may be marked in altered word sequence provided, that thealtered word sequence does not constitute a misrepresentation, or does not directly or by implication
create a misleading impression regarding the quality, nature, origin, class or composition of that dairyproduct or imitation dairy product concerned.
Additions to class designation
27.(1)In the case of reconstituted or recombined milk, the word " reconstituted" or "recombined"shall form part of the class designation.
(2)If a primary product has been obtained from the milk of an animal other than a cow of thebovine specie, the applicable class designation for that product shall be preceded by the name of thespecie of the animal concerned.
(3)If a flavouring has been added to a dairy product or an imitation dairy product in order torender a distinctive specific flavour thereto, the class designation for that product shall be preceded by thedescriptive name for the distinctive flavour concerned and the expression "X Flavoured", or followed bythe expression "with X Flavour" or "with X Flavouring", where "X" indicates the name(s) of theflavouring(s) used unless the flavourant concerned has been added with the intention to enhance the
flavour of the fruit or added foodstuff concerned.29This gazette is also available free online at www.gpwonline.co.zaSTAATSKOERANT, 27 MAART 2015 No. 38615 33
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 (4)Subject to the provisions of regulation 11 (2), the applicable class designation shallinclude the actual name of the foodstuff or fruit added if a foodstuff or fruit has been added to a dairyproduct or imitation dairy product.
(5)The expression "plain" may form part of the class designation if no foodstuff, fruit orflavouring has been added to a dairy product or imitation dairy product.
(6)The word "with" in the class designation of a composite dairy product or imitation dairyproduct may be omitted: Provided that the indication of the class designation is not misleading.
(7)The words used to describe the texture or appearance e.g. "chunky", "smooth", etc. mayform part of the class designation: Provided that such description is not misleading.
Additional particulars on the main panel
28.(1)The main panel of a container of a primary dairy product of the type known as dairypowder blend and dairy liquid blend shall be marked with a product description of the product concerned:Provided that --(a)such product description shall consist of an indication of the descriptive names of
the main dairy ingredients of the product concerned, indicated in descending
order of mass; and
(b)the letter size of the indication of the descriptive names referred to in paragraph(a) shall not be less than 50 per cent of the size of the class designation.
(2)(a)If vegetable fat, marine fat and/or animal fat is a constituent of a modified dairyproduct or an imitation dairy product, the expression 'with (name of the fat)" shall
immediately follow the class designation in a letter size not less than 50 per centof the size of the class designation, except in the case where the class
designation includes the indication of the added fat.
(b)The provisions of paragraph (a) above shall also apply in the case where addedprotein and/or carbohydrates is/are obtained from a source other than a primarydairy product.
(c)The requirements of sub-regulation (2) shall be indicated in letters of the same
colour and font as the class designation.
(3)If a dairy product or an imitation dairy product has been sweetened, the expression"sweetened" shall be indicated on the main panel of a container thereof in a letter size of at least 2 mm in
height for lower case vowels.
(4)If the types of primary dairy products known as milk and cream have been heat treated,the manner of processing thereof shall be included on the main panel in close proximity to the classdesignation in a letter size not less than 50 per cent of the size of the class designation.
(5)The provisions of sub-regulation (4) shall mutatis mutandis apply to fermented dairyproductsifitis subjected to heat treatment after fermentation: Provided that the applicable classdesignation for the dairy product concerned shall be "heat treated fermented milk" or "heat treated dairyproduct".
(6)If the types of primary dairy products known as milk and cream have not been heattreated as contemplated in sub-regulation (4), the applicable class designation for that product shallinclude the expression "Unpasteurized" or "Raw".
(7)The expression "long life" may be indicated on the label of commercially sterile dairyproducts.30This gazette is also available free online at www.gpwonline.co.za34 No. 38615 GOVERNMENT GAZETTE, 27 MARCH 2015
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 (8)The expression "extended shelf life" may be indicated on the container of milk if the milkhas been treated in a suitable manner to ensure that all pathogens are destroyed and that the product isnot microbiologically degraded when stored unopened at 6-8°C for at least 21 days, excluding UHT andsterilised milk.
(9)The expression "not for baby/infant feeding" shall be indicated on the main panel of thecontainer of imitation dairy products, modified dairy products and that of goat milk in the mannerprescribed in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (ActNo. 54 of 1972).
Batch identification
29.(1)A container of a dairy and imitation dairy product shall be clearly marked with the batchcode or batch number in such a way that the specific batch is identifiable and traceable.
Additional particulars on containers
30.(1)A container of a powdered dairy product or powdered imitation dairy product shall bemarked with directions for the reconstitution thereof in order to obtain a final ready-to-use product.
(2)A container of butter of the class known as medium fat butter, and of modified butter ofthe class known as medium fat modified butter shall be marked with the expression "not suitable for frying(purposes)".
(3)If the fat content of a dairy product or an imitation dairy product is indicated on thecontainer thereof, the indicated fat content of the product concerned shall not differ by more than 15 per
cent calculated from the actual fat content thereof.Restricted particulars on containers and outer containers
31.(1)Subject to the provisions of sub-regulation (2) --
(a)no class designation other than the applicable class designation of a dairyproduct or an imitation dairy product shall, except in the circumstances set out inregulation 28, be marked on a container thereof; and
(b)no word or expression which so nearly resembles the class designation of a dairyproduct that it could be misleading with regard to the composition of an imitationdairy product shall be marked on the container of such imitation dairy product.
(2)If the class designation of a dairy product, or a word or expression referred to in sub-regulation (1)(b), forms part of a registered trade mark that has been in use before 20 November 1987,such trade mark may be marked on a container of an imitation dairy product if --
(a)the registered trade mark is framed clearly on the container of the imitation dairyproduct concerned; and
(b)an abbreviation of the trade mark symbol that is permissible under the TradeMarks Act, 1993 (Act No. 194 of 1993), is marked within such frame.
(3)(a)No word, mark,illustration,depiction or other method of expression thatconstitutes a misrepresentation or directly or by implication creates or may createamisleading impression regarding thequality, nature,class,origin orcomposition of a dairy product or an imitation dairy product shall be marked on a
container of such product.
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Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 (b)The provisions of paragraph (a) above shall, in the case of an imitation dairyproduct of the type known as imitation milk product, not be construed so as toinclude a prohibition on an illustration or depiction of a drinking glass or glass jugcontaining a liquid with a white colour.
(4)No registered trade mark or brand name which may possibly, directly or by implication,be misleading or create a false impression of the contents of a container or outer container containing adairy product or an imitation dairy product, shall appear on such a container.
(5)The words "natural", "super", "extra", "pure", "fine" or any other word or expression thatdirectly or by implication creates or may create the impression that a dairy product or an imitation dairyproduct is of a special or particular quality shall not be marked on the container of such product.
(6)The words "mature" or "vintage" may be marked on the container of cheese only if such
cheese has --
(a)subject to the requirements in regulation 13 (5), been ripened for the applicableminimum ripening period specified in column 7 of Table 9;
(b)after organoleptic evaluation according to the method specified in item 1 of Table19, attained an average score of at least 4; and
(c)broken down sufficiently.
(7)The words and expressions "choice" and "specially selected" may be marked on thecontainer of a primary dairy product of the type known as cheese and butter only if, after organolepticevaluation according to the method mentioned in item 1 of Table 19 --
(a)in the case of cheese with the designation Gouda or Cheddar, it attained anaverage score of at least 4; or
(b)in the case of butter, it attained an average score of at least 3.
(8)No claim regarding the absence of any substance that does not normally occur in a dairyproduct or an imitation dairy product shall be marked on the container of such product, except in thecases where the negative claim is allowed for in the regulations published under the Foodstuffs,Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972).
(9)No comparison with or reference to the respective merits or demerits of dairy productsagainst imitation dairy products, whether relevant or not, shall be marked on the container of a dairyproduct and an imitation dairy product.
(10)The word "instant" may only be marked on the container of a dairy product if suchproduct, when reconstituted in accordance with the usage instructions thereof, will disperse in water at 20°C within 60 seconds when stirred.
(11)The word "fresh" may only be marked on a container of a primary dairy product of thetype known as pasteurised, ultra pasteurised and unpasteurised milk or raw milk with no added foodstuffor minerals, and on the container of a primary dairy product of the type known as pasteurised andunpasteurised/raw cream.
(12)An imitation dairy product labelled as "non-dairy" or "dairy free" shall not contain anydairy ingredients.
(13)The word "organic" shall not be labelled on a container of dairy product unless theproduct was produced, processed and handled in compliance with recognised standards and certified byan accredited certification body or authority.
(14)Subject to the provisions of regulation 11 (2), depictions, illustrations or expressions32This gazette is also available free online at www.gpwonline.co.za36 No. 38615 GOVERNMENT GAZETTE, 27 MARCH 2015
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 which emphasise the presence of the added foodstuff or fruit in a dairy product or imitation dairy productshall only be allowed if the requirements on Quantitative Ingredient Declarations (QUID), as specified inthe regulations published under the Foodstuffs, Cosmetics and Disinfects Act, 1972 (Act No. 54 of 1972),have been complied with.
(15)The provisions of this regulation shall mutatis mutandis apply to particulars that aremarked on --
(a)an outer container in which one or more separate containers of a dairy product oran imitation dairy product is packed;
(b)a notice board displayed at or in the immediate vicinity of a dairy product or animitation dairy product that is kept or displayed for sale; and
(c)all advertisements for dairy and imitation dairy products.
Inspection and sampling
32.(1)An inspector may in any consignment of dairy products or imitation dairy products openas many containers and inspect the contents thereof and remove samples of such contents for thepurpose of further inspection or analysis, as he or she may deem necessary.
(2)An inspector shallsatisfyhimself or herself that the samples so extracted arerepresentative of the product in the consignment concerned.
(3)The methods to be employed and the procedure to be followed when a sample of a dairyproduct or an imitation dairy product is taken with a view to an analysis referred to in regulation 33 shallbe as set out in the latest version of ISO 707/IDF 050: "Milk and Milk products - Guidance on sampling"and in ISO 55381IDF 113: Milk and milk products - Sampling - Inspection by attributes, both publishedjointly by ISO, Case postale 56, CH-1211 Geneva 20, Switzerland and IDF Central Secretariat, DiamantBuilding, Boulevard Auguste Reyers 80, 1030 Brussels, Belgium.
Methods of analysis
33.The methods to be employed and the procedure to be followed in connection with thedetermination of a property specified in column 1 of Table 19, of a dairy product or an imitation dairyproduct shall be as set out in the publication of the Central Secretariat, International Dairy Federation,
Brussels, Belgium, the number, year of publication and title of which are respectively specified in columns2, 3 and 4 of the said table opposite thereto (these methods are published as joint IDF/ISO Standardsand are also available from ISO) or any other method which is accepted and approved by ISO and theCODEX Alimentarius.
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Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 TABLE 19METHODS OF ANALYSISNature of determination No. ofpublicationDateissuedTitle
1 23 41.Organoleptic (sensory)evaluationISO 2935IDF 099Partsl, 2 & 32009Milk and milk products - Sensory analysis
2.Fat content ISO 1211IDF 0012010Milk - Determination of fat content -Gravimetric method (Reference method)ISO 1735IDF 0052004Cheese and processed cheese products- Determination of fat content -Gravimetric method (Reference method)ISO 1736IDF 0092008Dried milk and dried milk products -Determination of fat content -Gravimetric method (Reference method)ISO 1737IDF 0132008Evaporated milk and sweetenedcondensed milk - Determination of fatcontent - Gravimetric method (Referencemethod)ISO 2450IDF 0162008Cream - Determination of fat content -Gravimetric method (Reference method)ISO 7208IDF 0222008Skimmed milk, whey and buttermilk -Determination of fat content - Gravimetricmethod (Reference method)ISO 488IDF 1052008Milk - Determination of fat content -Gerber butyrometers3.Milk protein content ISO 8968-1IDF 20-12001Milk - Determination of nitrogen content -Part 1: Kjeldahl method (includingcalculation of crude protein content)ISO 8968-2IDF 20-22001Milk - Determination of nitrogen content- Part 2: Block-digestion method (Macromethod) (including calculation of crudeprotein content)ISO 8968-3IDF 20-32004Milk - Determination of nitrogen content -Part 3: Block-digestion method (Semi-micro rapid routine method) (includingcalculation of crude protein content)4.Total solids ISO 5534IDF 0042004Cheese and processed cheese -
Determination of the total solids content(Reference method)IDF 15B2010Sweetened condensed milk -Determination of the total solids content(Reference method)IDF 21B2010Milk, cream and evaporated milk -
Determination of total solids content(Reference method)5.Moisture content ISO 5536IDF 0232009Milkfat products - Determination of watercontent - Karl Fisher methodISO 5537IDF 0262004Dried milk - Determination of moisturecontent (Reference method)ISO 8851-1IDF 191-12004Butter - Determination of moisture, non-fat solids and fat contents (Routinemethods) - Part 1: Determination ofmoisture content6.Freezing point ISO 5764IDF 1082009Milk - Determination of freezing point -Thermistor cryoscope method (Reference34This gazette is also available free online at www.gpwonline.co.za38 No. 38615 GOVERNMENT GAZETTE, 27 MARCH 2015
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 Nature of determination No. of_publication2Dateissued3Title
4 1method)7.Salt content ISO 1738IDF 0122004Butter - Determination of the salt content
ISO 5943IDF 0882006Cheese and processed cheese products -Determination of chloride content -Potentiometric titration method8.Moisture, solids-not-fat andfat content (butter only)ISO 3727-1IDF 080-1ISO 3727-2IDF 080-2ISO 3727-3IDF 080-32001
2001
2003Butter - Determination of moisture, non-fat solids and fat contents -Part 1: Determination of moisture content(Reference method)Part 2: Determination of non-fat solidscontent (Reference method)Part 3: Calculation of fat content9.Dispersibility and wettability IDF 871979Instant dried milk - Determination of thedispersibility and wettability10.Lactoperoxidase ISO/TS 17193IDF 2082011Determination of the lactoperoxidaseactivity - Photometric method (Referencemethod)11.6-Lactoglobulin ISO 13875IDF 1782005Determination of acid-soluble beta-lactoglobulin content - Reverse-phaseHPLC method
Offences and penalties
34.Any person who contravenes or fails to comply with the provisions of these regulations shall beguilty of an offence and upon conviction be liable to a fine or to imprisonment in accordance with section11 of the Act.
35
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Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998