Agricultural Product Standards Act, 1990 (Act No. 119 of 1990)RegulationsRegulations regarding the Classification, Packing and Marking of Edible Ices intended for sale in the Republic of South Africa - effective 1 July 2024Part IV: Marking Requirements14. Marking of containers and outer containers |
| (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 detached letters or figures of at least 1 mm in size for lower case vowels. |
| (2) | Each container in which Edible Ices, excluding the class Soft serve, is packed shall be marked with the following particulars at least in English: |
| (a) | The class designation and, where applicable, the additions to the class designation, as specified in regulations 15 and 16 respectively, in detached letters of the same type, size, colour and font, prominently on at least one main panel in a letter size of at least 2 mm for lower case vowels: Provided that— |
| (i) | the difference in letter size between the smallest letter in the class designation and smallest letter in the additions to the class designation indication shall not exceed 3 mm; |
| (ii) | trade marks forming part of the additions to the class designation may be indicated in letters of a different type, size, colour and font; and |
| (iii) | the following particulars may be indicated in one different colour only: |
| (aa) | The fat class (i.e. 'low fat' or 'fat free'), where applicable, in the class designation in the case of the classes Frozen dairy dessert, Frozen dessert and Frozen yoghurt; or |
| (bb) | The name of the added foodstuff and/or the name of the added flavourant when used in the additions to the class designation. |
| (b) | The additional particulars on the main panel, where applicable, as specified in regulation 17. |
| (c) | The additional particulars on the container, as specified in regulation 18. |
| (d) | The name and address, as specified in regulation 19. |
| (e) | The country of origin, as specified in regulation 20. |
| (f) | 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 of traceability and batch identification,as specified in regulation 21. |
(3)
| (a) | The particulars referred to in sub-regulation (2)(a), (d), (e) and (f) above shall be marked on an outer container in which more than one container of an Edible Ice is packed. |
| (b) | The marking requirements prescribed in paragraph (a) above need not to be complied with if— |
| (i) | a transparent outer container is used and the particulars on the containers packed therein are visible from the outside; or |
| (ii) | the same label which is affixed to the containers is also affixed to the outer container. |
| (4) | When Edible Ices products from a dispensing machine are sold in single serve portions, the applicable class designation shall be marked conspicuously on each dispensing machine in a letter size of at least 50 mm for lower case vowels: Provided that in the case of semi-frozen Edibles Ices other than the class Soft serve, the applicable class designation shall be preceded by the expression"semi-frozen" (e.g. 'semi-frozen low fat dairy dessert', 'semi-frozen fat free yoghurt', etc.) in letters of the same size as the class designation. |
| (5) | When Edible Ices, excluding the class Soft serve, are sold in single serve portions, the applicable class designation shall be indicated conspicuously on either the immediate container in which it is displayed, or on the display freezer unit in which the products are displayed, in a letter size of at least 50 mm for lower case vowels. |
(6)
| (a) | When individual units are packed in a multipack, the expression "NOT FOR INDIVIDUAL SALE", or any other wording having a similar meaning, shall at least be indicated on each container containing the individual units in a letter size of at least 2 mm for lower case vowels: Provided that— |
| (i) | such individual units may not be sold loose and that the multipack is marked with all the prescribed marking requirements; and |
| (ii) | the containers containing individual units shall be exempted from having to indicate these particulars in instances where it is technically not practical to print on the type of packaging material used due to the nature thereof. |
| (b) | The requirements and exemptions in paragraph (a) above shall not apply when the individual units are sold loose (i.e. have not been packed in a multipack). |
| (7) | No word or expression may be bigger than the class designation unless it is— |
| (a) | a registered trade mark or brand name; |
| (b) | a variant name (e.g. 'Neapolitan'; 'Classic'; 'Orange Maid'; 'Almond'; etc.); |
| (c) | wording communicating to the consumer that a particular product is new, has been produced according to a new recipe and/or is on promotion for a maximum period of 12 months (e.g.: 'new', 'try me I'm new', 'new recipe', 'on promotion', 'on sale', etc.); or |
| (d) | an expression indicating the nett mass or volume indication as prescribed by the Legal Metrology Act, 2014 (Act No. 9 of 2014). |