Reviewing food labelling in South Africa

Background

Since 1993, South Africa's existing food labelling regulations (R2034 of 1993) has directed the food industry on what may / may not appear on foodstuff labels. R2034 forms part of the Foodstuffs, Cosmetics & Disinfectants Act (Act 54 of 1972) which controls the sale, manufacture and importation of all foodstuffs within SA. This Act is regulated by the Department of Health (DoH) and locally produced foodstuffs, as well as imported foodstuffs should fully adhere to these requirements.

However, since 1993 a lot has changed in the domains of nutrition, food science and technology. Existing information became obsolete and an increase in loopholes became imminent. For these reasons, DoH felt it essential to improve existing food labelling legislation within SA.

New food labelling regulations

In 2002, Department of Health's first draft food labelling regulations were published for public comments. A second draft was published in 2007 and in 2010 the final document - R146 of 1st March 2010 - was gazetted. In November 2010, the first set of amendments to R146 was published.

R146 will become enforceable on 1 March 2012. For that reason, the food industry is currently in the process of aligning all its foodstuff labels to be ready come March 2012. Until then though, R2034 will remain legally enforceable.

Unpacking R146

R146 consists of two parts - regulations plus accompanying guidelines and both parts carry the same legal weight. It dictates to the food industry what should / should not appear on foodstuff labels within South Africa. Various sections can be found on definitions, allergens, misleading statements, prohibited statements, claims, nutritional information table, endorsements and much more. It also stipulates that food industries should be able to motivate any labelling information within 48 hours, if requested to do so by an inspector.

Impacting the consumer

The legislation attempts to assist consumers in their food purchasing decisions. The food industry is responsible for producing safe, good-quality, accurately-labelled foodstuffs, whilst it remains the obligation of consumers to familiarise themselves with the content of foodstuff labels prior to purchase.

Labelling information is vital for, amongst others, the following reasons:

• Assisting consumers in deciding whether ingoing ingredients are acceptable in terms of their likes and preferences;
  
• Identification of potential allergens or ingredients to those who have allergies or intolerances; and
  
• Identification of ingredients - and where relevant, their levels - to individuals who have certain medical or health conditions.

Advertising foodstuffs

The title of R146 refers to both 'labelling' and 'advertising' of foodstuffs. It should thus be noted that the label of a foodstuff and any form of advertising or promotion thereof, is considered one entity. It thus also dictates what the food industry is permitted in terms of foodstuff advertising and promotion.

The Consumer Goods Council of South Africa (CGCSA) encourages its members, as well as other industry role-players to keep the following recommendations in mind always:

• Do ensure that the labelling, advertising and promotion of foodstuffs are both legal and ethical; and
  
• Do make sure that every labelling aspect (word, illustration, value, logo etc.) has true meaning to the consumer.