Agricultural Product Standards Act, 1990 (Act No. 119 of 1990)RegulationsClassification, Packing and Marking of Dairy Products and Imitation Dairy Products intended for sale in the Republic of South Africa1. Definitions |
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—
means a physical address and includes the street or road number or name and the name of the town, village or suburb and, in the case of a farm, the name or number of the farm and of the magisterial district in which it is situated;
means any fat of animal origin, excluding milk fat and marine fat;
means a definite quantity of a dairy product or imitation dairy product produced essentially under the same conditions, and which do not exceed a period of 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;
means a class designation, alternate class designation or the type of dairy product or imitation dairy product as specified by these regulations;
means the absence of micro organisms capable of growing in the dairy product at normal non-refrigerated conditions at which the food is likely to be held during manufacture, distribution and storage;
means a product consisting of a combination of a primary dairy product and another foodstuff the solids of which are not intended to replace any part of the milk solids of that primary dairy product;
means any packaging of dairy or imitation dairy product directly in contact with the product for delivery as a single item, and includes wrappers and multipacks.
means the product obtained by removing milk fat and milk protein but not lactose, from milk (high fat, full fat, medium fat, low fat or fat free) or whey, through the use of membrane filtration and to the extent practical;
means a primary dairy product, a composite dairy product or a modified dairy product;
means the product obtained by concentrating milk protein, through the use of membrane filtration and to the extent practical, of milk (high fat, full fat, medium fat, low fat or fat free) or whey;
means the European Union and Southern African Development Community Economic Partnership Agreement signed on 10 June 2016 between the member states of the European Union and the Southern African Development Community region of which the Republic of South Africa forms part;
means the officer designated under section 2 (1) of the Act;
means a substance, supplement or any other substance which may be added to a foodstuff to affect its keeping quality, consistency, colour, taste, flavour, smell or other technical property as permitted for in the regulations published under the Foodstuff, Cosmetics and Disinfectants 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;
means a foodstuff as defined by the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);
means an edible part of a fruit and/or vegetable, either fresh or preserved, presented as but not limited to pulp, puree or fruit juice concentrate;
(GI) means an indication (name) as defined in the regulations relating to the protection of geographical indications used on agricultural products intended for sale in the Republic of South Africa published under the Act;
means pasteurisation, ultra high temperature (UHT), sterilisation or any other suitable heat treatment of a dairy product or an imitation dairy product as defined in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);
means any product other than a dairy product or a fat spread, that is of animal or plant origin and in general appearance, presentation and intended use corresponds to a dairy product;
means the executive officer or an officer under his or her control, or an assignee or an employee of an assignee;
means any tag, brand, mark, pictorial, graphic or other descriptive matter, which is written, printed, stencilled, marked, embossed, impressed upon, or permanently attached to a container of a dairy product or imitation dairy product, and includes labelling for the purpose of promoting its sale or disposal;
means a natural constituent of milk normally obtained from whey with an anhydrous lactose content of not less than 99.0 per cent (m/m) on a dry basis: Provided that it may be anhydrous or contain one molecule of water of crystallisation or be a mixture of both forms;
means the ingredient(s) in a foodstuff which by weight or volume, whatever is applicable, contributes the highest percentage mass, excluding water;
means that part of the container or outer container that bears the brand or trade name 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;
means fat obtained from marine animals;
means the normal secretion of the mammary glands of bovines, goats or sheep or other milking animals;
means the solids of milk after the removal of the moisture;
means mass per mass;
means a product that, in so far as it relates to general appearance, presentation and intended use, corresponds to a primary dairy product, and of which not more than 50 per cent of the fat content, protein content and/or carbohydrate content has respectively been obtained from a source other than a primary dairy product;
means a packaging other than an outer container which consist of multiple individual containers of 150 ml/g or less of the same type of dairy product or imitation dairy product in individual containers and is intended to be consumed separately and is sold as one unit only;
means any packaging other than gift packs or hamper packs containing individual containers or multipacks whether it completely or partially encloses the containers or multipacks;
means the heat treatment of a dairy product or an imitation dairy product as defined in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);
means a non-nutritive sweetener permitted in terms of the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);
means milk or a product that has been derived or manufactured solely from milk, 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;
means milk or a milk product resulting from the combination of milk fat and milk-solids-non-fat in their preserved forms with or without the addition of water to achieve the appropriate milk product composition;
means milk or a milk product resulting from the addition of water to the dried or concentrated form of the product in the amount necessary to re-establish the appropriate water to solid ratio;
means a registered trade mark as defined by the Trade Marks Act, 1993 (Act No. 194 of 1993);
means a container in which a single serving portion of not more than 50ml fluid or not more than 30g solid of a dairy or imitation dairy product is packed which is intended for use mainly by, but not limited to, the catering and hospitality industries as well as hospitals, and includes mini milk pods, cheese wedges and mini butter tubs;
means the heat treatment of a dairy product or an imitation dairy product as defined in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);
means the process by which the protein content of a dairy product has been increased by means of physical straining prior to or after fermentation (e.g. strained yoghurt);
means sugar as defined in the Codex Standard for Sugars (CODEX STAN 212-1999);
means the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990);
means the heat treatment of a dairy product or an imitation dairy product as defined in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);
means the heat treatment of milk to achieve an end-product that complies with the specifications of Table 2;
"use by date" or "expiration date"
means the date which signifies the end of the period under any stated storage conditions, after which the product should not be sold or consumed due to safety and quality reasons;
means oil or fat that is obtained from vegetable matter; and
means a culture consisting of Lactobacillus delbrueckii subsp. bulgaricus and Streptococcus thermophilus or another similar culture used for the manufacture of the primary dairy product known as yoghurt.