In these regulations "the Act" shall mean the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act 54 of 1972), and any expression to which a meaning has been assigned in the Act shall bear such meaning, and, unless inconsistent with the context—
"additive"
shall mean a substance which is specially prepared for use in foodstuffs and intentionally added to soft drinks for one or more of the following purposes:
| (a) | To retain the nutritional properties; |
| (b) | to enhance the keeping quality or stability; |
| (c) | to make the soft drink more attractive to the consumer; |
| (d) | to act as an adjuvant in the manufacture, packaging, treatment or transport; |
| (e) | to provide essential constituents for dietetic soft drinks; |
and which complies with any such standard of purity or quality as may be prescribed in respect of the substance concerned;
"caffeine"
means all caffeine present from whatever source in a formulated caffeinated beverage or cola beverage;
[Definition inserted by Notice No. R.317, GG35265, dated 17 April 2012]
"formulated caffeinated beverages"
means a nonalcoholic waterbased flavoured or nonflavoured beverage which contains added caffeine and may contain other substances, including ingredients, for the purpose of enhancing mental or physical performance;
[Definition inserted by Notice No. R.317, GG35265, dated 17 April 2012]
"soft drink"
shall mean any powder or liquid intended for sale as a drink for human consumption, either without or after preparation or dilution, and shall include—
| (a) | any fruit or vegetable drink; |
| (b) | soda water, Indian or quinine tonic water, natural spring water and any sweetened artificially carbonated water, whether flavoured or unflavoured; |
| (c) | gingerbeer and any herbal or botanical beverage; but shall not include— |
| (i) | water (except as aforesaid); |
| (ii) | fruitjuice, sweetened or unsweetened, controlled under the Marketing Act, 1968 (Act 59 of 1968), whether sweetened or unsweetened, and whether concentrated or frozen or not; |
| (iii) | milk or any preparation of milk ; |
| (iv) | tea, coffee, cocoa or chocolate, or any preparation thereof; |
| (vi) | any cereal product , except— |
| (aa) | flavoured barley water and liquid products used in the preparation of barley water; and |
| (bb ) | any liquid produced from cereal and containing alcohol, which does not fall with in one of the following categories: |
| (aaa) | drinks referred to in subparagraph (viii) hereof; |
| (bbb ) | drinks falling within the provisions of the Sorghum Beer Act, 1962 (Act 63 of 1962); |
| (ccc) | drinks traditionally known as maheu with a maximum total alcohol content of 1 % volume; |
| (vii) | meat or yeast extracts , soup or soup mixtures; |
| (viii) | any drink falling within the provisions of the Liquor Act, 1928 (Act 30 of 1928); |
| (ix) | any other unsweetened drink; or |
| (x) | any drink falling within the provisions of the Wine, Other Fermented Beverages and Spirits Act , 1957 (Act 25 of 1957); and |
"sweetened"
shall mean containing any added permitted sweetener, and "unsweetened" shall mean containing no added permitted sweetener.
