DRAFT
DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES
No. R.
AGRICULTURAL PRODUCT STANDARDS ACT, 1990
(ACT No. 119 OF 1990)
REGULATIONS RELATING TO DAIRY PRODUCTS AND IMITATION DAIRY PRODUCTS
The Minister of Agriculture, Forestry and Fisheries has under section 15 of the Agricultural Product
Standards Act, 1990 (Act No. 119 of 1990) -(a)
made the regulations in this Schedule; and
(b)
repealed the regulations published by the following Government Notices:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
(xiii)
(xiv)
(xv)
(xvi)
(xvii)
(xviii)
(xix)
(xx)
R. 1595 of 28 September 1962.
R. 1596 of 28 September 1962.
R. 1782 of 6 November 1964.
R. 1783 of 6 November 1964.
R. 2145 of 31 December 1964.
R. 178 of 12 February 1971.
R. 1806 of 9 September 1977.
R. 716 of 6 April 1979.
R. 600 of 28 March 1980.
R. 605 of 28 March 1980.
R. 1331 of 9 July 1982.
R. 1332 of 9 July 1982.
R. 2035 of 24 September 1982.
R. 1004 of 13 May 1983.
R. 2580 of 20 November 1987.
R. 2581 of 20 November 1987.
R. 1059 of 3 June 1988.
R. 1060 of 3 June 1988.
R. 2141 of 6 October 1989.
R. 1465 of 26 August 1994.
SCHEDULE
Definitions
1.
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 –
"address” means an address in the Republic of South Africa which includes the street or road number (if
a number has been allotted), the name of the street or road and the name of the town, village or suburb
and, in the case of a farm, the name of the farm and of the magisterial district in which it is situated and,
in the case of imported dairy products or imported imitation dairy products, the address of the
manufacturer, packer or importer. In the case where a postal address is used, it must be accompanied by
a telephone number;
"animal fat" means any fat of animal origin, excluding milk fat and marine fat;
"class designation" means a class designation, alternate class designation or other designation referred
2
to in regulation 24;
"composite dairy product" 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;
"container” means any packaging of dairy or imitation dairy product directly in contact with the product for
delivery as a single item or may potentially be sold as single items, and includes wrappers when
such is offered to the consumer;
"dairy product" means a primary dairy product, a composite dairy product or a modified dairy product;
"flavour" means a complex sensation derived from the blending of smell and taste;
"food additive" means an additive as defined in the regulations made under the Foodstuffs, Cosmetics
and Disinfectants Act, 1972 (Act No. 54 of 1972);
"foodstuff" means a foodstuff as defined in section 1 of the Foodstuffs, Cosmetics and Disinfectants Act,
1972 (Act No. 54 of 1972);
“fresh milk" means:
(a)
unpasteurised milk
(b)
pasteurised milk;
"imitation dairy product" 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;
“importer” means any person who whether as owner, consigner, consignee, agent or broker, is in
possession of or in any way entitled to the custody or control of dairy or imitation dairy product
imported;
“main panel” means that part of the container or label that bears the brand or trade name of the product
in greatest prominence or any other part of the label that bears the brand or trade name in equal
prominence;
“manufacturer“ means any person who process dairy products or imitation dairy products;
"marine fat" means fat obtained from marine animals;
"milk" means the normal secretion of the mammary glands of bovines, goats or sheep with the exception
of coconut milk, soya milk and rice milk;
"milk solids" means the solids of milk after the removal of the moisture;
"modified dairy product" 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 carbohydrate content has respectively
been obtained from a source other than a primary dairy product;
"outer container" means any packaging of individual containers whether it completely or partially enclose
the containers;
"packer" means a person dealing in the course of trade with a dairy product or an imitation dairy product
by packing it for sale, and also a person on behalf of whom such product is packed for sale and,
in the case of such product that is imported into the Republic, the person importing it for sale;
"pasteurisation" means the heat treatment of a dairy product or an imitation dairy product as defined in
3
the regulations made under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of
1972) and must comply with requirements as set out in Table 1A;
"polyunsaturated", with regard to a fatty acid or a fat, means a fatty acid of a fat which has two or more
methylene-interrupted cis-double bonds in the fatty acid chain;
"primary dairy product" means milk or a product that has been derived or manufactured solely from
milk, and to which has been added no substance other than a permitted (in terms of this
regulations and as defined in the regulations made under the Foodstuffs, Cosmetics, and
Disinfectant Act, 1972 (ActNo.54 of 1972) manufacturing substance, flavourant, colourant,
vitamin or mineral not intended to replace any part of the milk solids in that product, and includes
a product that consists of a combination of two or more such products;
“reconstituted milk product“ 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;
“recombined milk product” means milk or a milk product resulting from the combining of milkfat and milksolids-fat in their preserved forms with or without the addition of water to achieve the appropriate
milk product composition;
"sterilization” means the heat treatment of a dairy product or an imitation dairy product as defined in the
regulations made under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of
1972) and must comply with requirements as set out in Table 1A;
"the Act" means the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990);
“traceability“ means the ability to follow the movement of a dairy or an imitation dairy product through
stages of production, processing and distribution;
"trade mark" means a trade mark as defined in section 2(1) of the Trade Marks Act, 1993 (Act No. 194 of
1993);
“U.H.T. treated” means the heat treatment of a dairy product or an imitation dairy product as defined in
the regulations made under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of
1972) and must comply with requirements as set out in Table 1A ;
“Ultra pasteurized “means that a dairy product has been thermally processed at a temperature higher
than 80 °C for less than 1 second and cooled immediately to below 5 °C, either before or after
packaging, so as to produce a product which is resistant to micro-biological decay for at least 21
days at temperature of higher than 0°C but less than 5 °C and which comply with requirements as
set out in Table 1A;
"vegetable oil" means oil or fat that is obtained from vegetable matter; and
"yoghurt culture" means a culture consisting of Lactobacillus bulgaricus, Streptococcus thermophilus or
another similar culture used for the manufacture of the primary dairy product known as yoghurt.
Restrictions for sale
2.
(1)
No person shall, sell dairy product or imitation dairy product in the Republic of South
Africa -(a)
unless the product in question is sold according to such classes as may be
prescribed by regulation 3 and 21;
(b)
unless the product in question complies with the standards so prescribed for the
composition thereof, and contains the ingredients and other substances so
prescribed as ingredients and other substances which it shall contain;
4
(c)
unless the product in question is packed in a container and in a manner so
prescribed by regulation;
(d)
unless a container in which such product is packed, is marked with particulars
and in a manner so prescribed by the regulation;
(e)
if the product in question contains a substance so prescribed as a substance
which it may not contain;
(f)
if the dairy and imitation dairy product contains prohibited articles in terms of the
Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);
(2)
The prohibition set out in paragraph 2 (1) shall not apply to the sale of a dairy product or
an imitation dairy product that is an infant formula as defined in the regulations made under the
Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972); and
(3)
The Executive Officer may grant written exemption, entirely or partially to any person on
such condition, as he or she may deem necessary, from the provisions of subregulation (1).
Classes of primary, modified and composite dairy products
3.
(1)
Primary, modified and composite dairy products shall -(a)
in the case of a type of product specified in column 1 of Table 1-15 , be classified
in the classes specified in column 2 or 3 of the said table opposite thereto;
(b)
in the case of a type of cheese specified in column 1 of Table 7, be classified in
the classes specified in column 2, 3 or 4 of the said Table opposite thereto.
Standards for primary, modified and composite dairy products
4.
--
(1)
A dairy product that is classified as being of a class referred to in regulation 3(1) (a) shall
(a)
have a clean and characteristic flavour;
(b)
subject to the provisions of subregulation (3), be free of any substance that does
not naturally form part of milk; and
(c)
comply with the applicable standards specified in columns 4, 5, 6, 7, 8, 9 and 10
of Table 1 -15 opposite the class concerned.
(2)
Subject to the provisions of sub regulation (1), primary, modified and composite dairy
products shall comply with the additional requirements for each product concerned.
(3)
A primary, modified and composite dairy product may contain other foodstuffs and food
additives to the extent permissible under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No.
54 of 1972).
Standards for milk
5.
(1)
A primary dairy product of the type known as milk and reconstituted milk shall-(a)
not clot when boiled for five minutes.
(b)
comply with the provisions of regulation 4 and the indication of heat treatment as
stipulated in Table 1A.
(2)
The word milk in the class designation of the type of a primary diary product known as
flavoured milk may be substituted by the word “milkshake” if the product shows thickening after agitation.
5
(3)
If a primary product has been obtained from the milk of an animal other than a cow of the
bovine specie, the applicable class designation for that product shall be preceded by the name of the
specie of the animal concerned.
6
TABLE 1
CLASSES OF AND STANDARDS FOR MILK
Type of primary
dairy product
1
Milk
Class designation
Alternate class
designation
2
High Fat
Pasteurised Milk
3
Pasteurized high fat
milk
High Fat Ultra
Pasteurized Milk
Ultra Pasteurized
high fat milk
High Fat UHT Milk
UHT high fat milk
High fat Sterilised
Milk
Sterilized high Fat
Milk.
Milk fat content
(%)(m/m)
4
More than
4.5
Minimum solids
not fat content
calculated
on the
total
content
(%)(m/m)
calculated
on a
fat-free
basis
(%)(m/m)
5
6
8.6
8.3
Minimum milk
protein content
calculated on a
fat- free basis
(%)(m/m)
pH-value
Maximum
freezing point
(°C)
7
3.0
8
6.5 to 6.8
9
-0.512
Additional
requirements
10
See Table
1A
7
Type of primary
dairy product
1
Class designation
Alternate class
designation
2
Full fat/ full cream
Pasteurised Milk
3
Pasteurized full
cream milk
Full fat/ full cream
Ultra Pasteurized
Milk
Ultra Pasteurized full
cream/full fat milk
Full fat/ full cream
UHT Milk
UHT full cream/full fat
milk
Full fat/ full cream
Sterilised Milk
Full Cream/full fat
sterilized milk
Low fat Pasteurized
Milk
Pasteurized low fat
milk
Low fat Ultra
Pasteurized Milk
Ultra Pasteurized low
fat milk
Low fat UHT Milk
UHT low fat milk
Low fat Sterilised
Milk
Sterilized Low fat
milk
Milk fat content
(%)(m/m)
Minimum solids
not fat content
calculated
on the
total
content
(%)(m/m)
calculated
on a
fat-free
basis
(%)(m/m)
5
Minimum milk
protein content
calculated on a
fat- free basis
(%)(m/m)
pH-value
Maximum
freezing point
(°C)
Additional
requirements
4
3.3 - 4.5
8.3
6
8.6
7
3.0
8
6.5 to 6.8
9
-0.512
10
See Table
1A
0.5 - 2.5
8.3
8.6
3.0
6.5 to 6.8
-.0512
See Table
1A
8
Type of primary
dairy product
1
Class designation
Alternate class
designation
2
Fat free
Pasteurised Milk
3
Pasteurized fat free
milk/skim(med)
Fat free Ultra
Pasteurized Milk
Ultra Pasteurized fat
free/skimmed milk
Fat free UHT Milk
UHT fat
free/skim(med) milk
Fat free Sterilised
Milk
Sterilized fat
free/skim(med) milk
Milk fat content
(%)(m/m)
4
Less than 0.5
Minimum solids
not fat content
calculated
on the
total
content
(%)(m/m)
calculated
on a
fat-free
basis
(%)(m/m)
5
6
8.6
8.3
Minimum milk
protein content
calculated on a
fat- free basis
(%)(m/m)
pH-value
Maximum
freezing point
(°C)
7
3.0
8
6.5 to 6.8
9
Less than
-0.512
Additional
requirements
10
See Table
1A
9
Type of primary
dairy product
1
Unsweetened
condensed milk
Class designation
2
Unsweetened
condensed full fat
milk
Alternate class
designation
Milk fat content
(%)(m/m)
3
Unsweetened
evaporated full
cream milk;
unsweetened
condensed milk;
unsweetened
evaporated milk;
unsweetened
condensed full
cream milk;
evaporated milk
4
More than 7.5
Minimum solids
not fat content
calculated
on the
total
content
(%)(m/m)
calculated
on a
fat-free
basis
(%)(m/m)
5
6
*
*
Unsweetened
condensed low
fat milk
Low fat
unsweetened
evaporated milk;
1 - 7.5
*
*
Unsweetened
condensed fat
free milk
Unsweetened
evaporated fat free
milk; unsweetened
skim(med) milk;
unsweetened
condensed
skim(med) milk
Less than 1
*
*
Minimum milk
protein content
calculated on a
fat- free basis
(%)(m/m)
pH-value
Maximum
freezing point
(°C)
7
8
9
*
*
*
*
*
*
*
*
*
Additional
requirements
10
maximum
moisture
content
(%)(m/m):
75
maximum
moisture
content
(%)(m/m):
77
maximum
moisture
content
(%)(m/m):
80
10
Type of primary
dairy product
1
Flavoured Milk
Class designation
2
High Fat
Pasteurised
flavoured Milk
Alternate class
designation
3
Milk fat content
(%)(m/m)
4
More than 4.5
Minimum solids
not fat content
calculated
on the
total
content
(%)(m/m)
calculated
on a
fat-free
basis
(%)(m/m)
5
6
Minimum milk
protein content
calculated on a
fat- free basis
(%)(m/m)
pH-value
7
8
Maximum
freezing point
(°C)
9
Additional
requirements
Less than
-0.512
10
See Regulation 5 (2)
Less than
-0.512
See Regulation 5 (2)
High Fat Ultra
Pasteurized
flavoured Milk
High Fat UHT
flavoured Milk
Sterilised Milk
Full fat/ full cream
Pasteurised
flavoured Milk
Full fat/ full cream
Ultra Pasteurized
Milk flavoured
Full fat/ full cream
UHT flavoured Milk
Full fat/ full cream
Sterilised flavoured
Milk
3.3-4.5
11
Type of primary
dairy product
1
Class designation
2
Low fat Pasteurized
flavoured Milk
Low fat Ultra
Pasteurized
flavoured Milk
Low fat UHT
flavoured Milk
Low fat Sterilised
flavoured Milk
Fat free
Pasteurised
flavoured Milk
Fat free Ultra
Pasteurized
flavoured Milk
Fat free UHT
flavoured Milk
Fat free Sterilised
flavoured Milk
Alternate class
designation
Milk fat content
(%)(m/m)
3
4
Minimum solids
not fat content
calculated
on the
total
content
(%)(m/m)
calculated
on a
fat-free
basis
(%)(m/m)
5
6
Minimum milk
protein content
calculated on a
fat- free basis
(%)(m/m)
pH-value
7
8
Maximum
freezing point
(°C)
9
Additional
requirements
0.5-2.5
Less than
-0.512
10
See Regulation 5 (2)
Less than 0.5
Less than
-0.512
See Regulation 5 (2)
12
TABLE 1A
INDICATION OF HEAT TREATMENT FOR MILK
Pasteurised milk
1
2
Ultra
pasteurised milk
3
UHT Milk
Sterilised Milk
Phosphatase
Negative
Negative
Negative
Negative
Peroxidase
Positive
Negative
Negative
Negative
B-Lactoglobulin
> 2600mg/litre
> 2000mg/litre
>50mg/ litre
>50mg/litre
Lactulose
Not detectable
<50mg/litre
<400mg/litre
>600mg/litre
Bacteria
Detectable
Detectable
None
None
4
5
Standards for Cultured Milk
6.
(1)
A primary dairy product of the type known as cultured milk shall:
(a)
be obtained from pasteurized milk that has been inoculated with a culture to
produce a microbiological flora under controlled conditions which contain at least
10 7 colony forming units per gram (CFU/g) of viable lactic acid and aroma
producing micro-organisms per gram of a product,
(b)
Comply with the provisions of regulation 4.
13
TABLE 2
CLASSES OF AND STANDARDS FOR CULTURED MILK
Type of
primary
dairy
product
1
Cultured milk
Class
designation
Alternate Class
Designation
Milk fat
content
(%)(m/m)
2
Cultured
high-fat
milk
Cultured
full-fat milk
3
High-fat maas;
High-fat amazi
4
More
than 4.5
5
8.2
6
8.6
7
3.0
8
Less
than 4.6
Sour milk
Maas/ Amazi/
Amasi
Cultured full
cream milk;
Full cream
amazi/
Amasi
3.3 – 4.5
8.3
8.6
3.0
Less
than 4.6
0.5 - 2.5
8.4
8.6
3.0
Less
than 4.6
Less
than 0.5
8.6
8.6
3.0
Less
than 4.6
Cultured
low-fat milk
Cultured
fat-free
milk
Low-fat sour
milk; Low-fat
maas;
Low-fat
amazi/Amasi
Cultured
skim(med)
milk;
Skim(med)
sour milk;
Fat-free sour
milk;
Skim(med)
maas; Fat-free
maas;
Skim(med)
amazi/
Amasi; Fat-free
amazi/
Amasi
Milk solids non fat
content
Calculate
Calculated
d on the
on a fat
total
free basis
content
(%) (m/m)
(%) (m/m)
Minimum
milk
protein
content
calculate
d on a fat
free
basis (%)
(m/m)
pH- value
Standards for Buttermilk & Cultured buttermilk
7.
(1)
A primary dairy product of the type known as buttermilk shall -(a)
be obtained by the butter making process, and may be inoculated with a butter
culture or with lactic acid and aroma producing culture;
(b)
in the case of the class known as cultured buttermilk, be obtained from
pasteurized buttermilk or pasteurised milk, soured by inoculation with a butter
culture or lactic acid and aroma producing culture;
(c)
comply with the provisions of regulation 4.
14
TABLE 3
CLASSES OF AND STANDARDS FOR BUTTERMILK & CULTURED BUTTER MILK
Type of primary
dairy product
Class
Designation
Alternate Class
Designation
Min solid nonfat(calc on total
content)
pH-value
1
2
3
4
5
Buttermilk
Buttermilk
*
6.0
*
Cultured
buttermilk
Cultured
buttermilk
*
8.3
Less than 4.6
Standards for Yoghurt
8.
(1)
A primary dairy product of the type known as yoghurt shall -(a)
be manufactured mainly from the primary dairy products known as milk and
reconstituted milk;
(b)
after pasteurization be fermented with a yoghurt type culture;
(c)
contain at least 107 CFU/g of viable yoghurt-type micro-organisms per gram of a
product and;
(d)
comply with the provisions of regulation 4.
TABLE 4
CLASSES OF AND STANDARDS FOR YOGHURT
Type of
primary dairy
product
Class Designation
1
2
Yoghurt
Alternate class
designation
Milk Fat content
%(m/m)
3
4
Milk solids non fat content
Protein
content
Calculated
on the total
content (%)
(m/m)
Calculated
on the
total
content
(%) (m/m)
5
6
7
High-fat yoghurt
Double – cream
yoghurt
More than 4.5
8.2
8.6
3.0
Full-fat yoghurt
Yoghurt; Fullcream milk
yoghurt; Full milk
yoghurt; Fullcream yoghurt
3.0 - 4.5
8.2
8.6
3.0
Low-fat yoghurt
–
0.5 – 2.5
8.4
8.6
3.0
Fat-free yoghurt
Skim(med) milk
yoghurt
Less than 0.5
8.6
8.6
3.0
15
Standards for yoghurt with added foodstuffs and additives
9.
(1)
A composite dairy product of the type known as yoghurt with added foodstuffs and
additives, shall -(a)
have a clean and characteristic flavour;
(b)
subject to the provisions of subregulation 4(3), be free of any substance that
does not naturally form part of milk or the foodstuff that has been added thereto;
(c)
comply with the applicable standards specified in columns 4 and 5 of Table 5
opposite the class concerned;
(d)
shall be manufactured mainly from the primary dairy products known as milk and
reconstituted milk;
(e)
be fermented with a yoghurt culture; and
(f)
contain at least 107 CFU/g of viable yoghurt-type micro-organisms per gram of a
product, except in the case of yoghurt which has been heat treated after
inoculation.
(2)
A composite dairy product of the type known as fruit yoghurt shall have a fruit content of
at least 6 per cent but not more than 25 per cent.
(3)
A composite dairy product may contain other foodstuffs and food additives to the extent
permissible under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972).
(4)
The total dry matter content of a composite dairy product of the type known as yoghurt
with added foodstuffs and additives other than fruit, and which has been sweetened with a non-nutritive
sweetener, shall, in the case of -(a)
full-fat yoghurt with added foodstuffs be at least 14,5 per cent (m/m);
(b)
low-fat yoghurt with added foodstuffs be at least 14,0 per cent (m/m); and
(c)
fat-free yoghurt with added foodstuffs be at least 13,0 per cent (m/m).
(5)
The total dry matter content of a composite dairy product of the type known as yoghurt
with added fruit and additives, which has been sweetened with a non-nutritive sweetener, shall in the
case of -(a)
full-fat yoghurt with added fruit be at least 14,5 per cent (m/m);
(b)
low-fat yoghurt with added fruit be at least 14,0 per cent (m/m); and
(c)
fat-free yoghurt with added fruit be at least 13,5 per cent
16
TABLE 5
CLASSES OF AND STANDARDS FOR YOGHURT WITH ADDED FOODSTUFFS
Type of
composite dairy
product
1
1. Fruit yoghurt
Class designation
2
Milk-fat content
(%)(m/m)
Total dry matter
content (%)(m/m)
3
4
5
Minimum
Protein Content
6
High-fat fruit yoghurt
Double-cream fruit
yoghurt
More than 3.5
At least 18.0
2.7
Full-fat fruit yoghurt
Full-milk fruit yoghurt;
Full-cream milk fruit
yoghurt; Fruit yoghurt;
Full-cream fruit yoghurt
2.5 - 3.5
At least 17.5
2.7
0.5 - 2.5
More than 17.0
2.7
Less than 0.5
More than 16.5
2.7
More than 3.5
More than 18.0
2.7
Low-fat fruit yoghurt
Fat-free fruit yoghurt
2. Yoghurt with
added
foodstuffs
and additives
other than
fruit
Alternate class
designation
High fat yoghurt with
(name of added
foodstuff)
Skim(med) milk fruit
yoghurt; Skim(med) fruit
yoghurt
Double cream yoghurt
with (name of added
foodstuff)
Full-fat yoghurt with
(name of added
foodstuff)
Full-cream yoghurt with
(name of added
foodstuff)
2.5 – 3.5
More than 17.5
2.7
Low-fat yoghurt with
(name of added
foodstuff)
-
0.5 - 2.5
More than 17.0
2.7
Fat-free yoghurt with
(name of added
foodstuff)
-
less than 0.5
More than 16.5
2.7
Additional
Requirements
7
See Regulation
9(5)
See regulation
9(4)
17
Standards for Cream
10.
(1)
regulation 4.
A primary dairy product of the type known as cream shall comply with the provisions of
(2)
A primary dairy product of the class known as cultured cream shall be soured by
inoculation with a lactic acid and aroma producing culture.
TABLE 6
CLASSES OF AND STANDARDS FOR CREAM
Type of
composite
dairy
products
1
1. Cream
Class
designation
2
Double cream
Alternate class
designation
3
Minimum solid
non fat
calculated on a
fat free (%)(m/m)
pH-value
4
More than 45
5
8.6
6
35 - 45
8.6
25 - 35
8.6
Milk fat content
(%)(m/m)
6.5 – 6.8
Whipping
cream
Cream: thick
cream
Whipped cream
Dessert cream
Cooking cream
6.5 – 6.8
6.5 – 6.8
20 - 25
8.6
6.5 – 6.8
Coffee cream
Cultured cream
Thin or pouring
cream
Sour cream
12 - 20
8.6
6.5 – 6.8
More than 20
8.6
Less than 4.6
Standards for Cheese
11.
(1)
(2)
A primary dairy product of the type known as cheese shall -(a)
be manufactured by coagulating wholly or partly the protein of milk, skimmed
milk, partly skimmed milk, cream, whey or butter milk, or any combination of
these materials, through the action of rennet or other suitable coagulating agents,
and partially draining the whey resulting from the coagulation;
(b)
comply with the provisions of regulation 4.
Cheese may -(a)
contain rennet, colourant, calcium chloride, sodium chloride, saltpetre and the
desired lactic acid forming and flavour producing bacteria or mould that has to be
present in cheese with a specific designation.
(b)
be ripened or unripened soft, semi-soft, semi-hard or hard product and can be
coated with wax or another protective substance.
18
TABLE 7
CLASSES OF AND STANDARDS FOR CHEESE
Type of cheese
1
1. Hard cheese
2. Semi-hard
cheese
Class designation
Alternative class
designation
2
Minimum
(%)(m/m)
Maximum
(%)(m/m)
Minimum dry
matter content
(%)(m/m)
Minimum
ripening
period
(weeks)
7
4
5
6
High-fat cheese
Unspecified
45
*
*
*
Full-fat cheese
Cacciocavallo
Mature Cheddar
Cheddar
Emmental
Gruyère
Provolone
Asiago
Samsø
Pecorino
Unspecified
45
48
48
45
45
45
45
45
45
45
55
55
55
55
55
55
55
55
55
56
64
62
61
60
62
51
63
56
60
60
20
25
6
8
8
8
20
6
12
5
Medium-fat cheese
Parmasan
Pecorino
Incanestrato
Reggiano
Medium-fat
Cheddar
Unspecified
25
25
35
30
35
44
44
*
*
*
56
56
65
67
58
25
12
*
*
*
25
44
53
Low-fat cheese
Low-fat cheddar
Unspecified
20
10
24
24
52
52
8
8
Fat-free cheese
Unspecified
*
<10
*
*
High-fat cheese
Drankensberg
62
*
56
*
Unspecified
60
*
60
1
High-fat blue
mould cheese
Unspecified
60
*
56
6
(Full-fat) cheese
Feta
45
59
45
*
Cheshire
Gouda or Sweet
milk
Mature Gouda
Baby Gouda
Harvati
Tilsiter
Mozzarella
Danbo
Halloumi
Washed curd
cheese
Unspecified
48
48
59
59
56
55
4
4
48
48
45
45
45
45
45
45
60
60
59
59
59
59
59
59
58
55
52
53
45
53
52
52
18
4
6
4
*
6
*
4
45
59
50
4
Blue Stilton
45
60
56
6
Wensleydale
Unspecified
50
50
60
59
56
56
6
6
(Full-fat) white
mould cheese
Stilton: White
Stilton
Unspecified
50
60
56
6
50
59
50
6
Medium-fat cheese
Edam
Cumin
Medium-fat
40
40
30
44
44
44
47
53
40
4
4
*
(Full-fat) blue
mould cheese
3
Fat in dry matter content
8
19
Type of cheese
1
3. Semi-Soft
cheese
3. Soft cheese
*
#
Class designation
Alternative class
designation
2
3
Fat in dry matter content
Minimum
(%)(m/m)
Maximum
(%)(m/m)
Minimum dry
matter content
(%)(m/m)
Minimum
ripening
period
(weeks)
4
5
6
7
Mozzarella
Edammer
Friesian 40+
Cummin 30+
Leyden 40+
Unspecified
40
40
40
40
25
45
45
45
45
44
54
54
55
58
47
*
4
*
4
4
Medium-fat white
mould cheese
Unspecified
10
25
40
*
Low-fat cheese
Low-fat
Mozzarella
Cedara
Friesian 20+
Cummin 20+
Leyden 20+
Unspecified
20
24
34
*
10
20
20
20
10
25
25
25
25
24
40
52
52
52
45
*
6
6
6
*
Fat-free cheese
Unspecified
*
10
*
*
High-fat cheese
Unspecified
60
*
55
*
Full fat cheese
Unspecified
45
59
48
*
Full-fat white
mould cheese
St Paulin
45
59
48
4
Camembert
Bel Paese
Brie
45
45
45
59
60
59
44
50
44
1
*
1
Full-fat blue mould
Unspecified
48
54
50
2
Medium fat cheese
Robiola
Roquefort
gorgonzola
Unspecified
35
50
50
44
60
60
35
56
56
*
6
6
25
44
*
*
Medium-fat white
mould cheese
Brie
40
44
44
1
Low-fat cheese
Camembert
Carre de l’Est
Pont I’Evêque
Unspecified
40
40
40
10
44
*
*
24
44
43
45
*
1
*
*
*
Fat-free cheese
Unspecified
*
<10
20
*
High-fat cheese
Unspecified
60
*
50
*
(Full-fat) cheese
Limburger
Romadur
Unspecified
45
45
45
60
60
59
38
40
40
*
*
*
Full-fat white
mould cheese
Unspecified
50
59
45
*
Medium-fat cheese
Medium-fat ricotta
Unspecified
25
25
44
44
25
*
*
*
Medium-fat white
mould cheese
Coulomminers
40
44
44
2
Low-fat cheese
Unspecified
Low-fat ricotta
10
25
24
44
*
*
*
*
Fat-free cheese
Unspecified
*
<10
20
*
Not specified
Internationally patented cheese.
20
Standards for process(ed) cheese and cheese spread(s)
12.
(1)
shall --
Primary dairy products of the type known as process (ed) cheese and cheese spread
(a)
be manufactured by the grinding, mixing, melting and emulsifying, with the aid of
heat and an emulsifying agent, of a type of cheese specified in item 1, 2, 3 or 4 of
column 1 of Table 7;
(b)
during the manufacture thereof be heat treated for 30 seconds at a temperature
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 7 is used in connection with the
sale thereof, consist of at least 50 per cent of the cheese concerned: Provided
that the fat-in-dry-matter content of that process cheese or cheese spread may
be up to three per cent less than that required for cheese of the designation
concerned.
TABLE 8
CLASSES OF AND STANDARD FOR PROCESS(ED) CHEESE AND CHEESE SPREAD(S)
Type of
cheese
1
1. Process
cheese
2. Cheese
spread
Class designation
2
High-fat process
cheese
Full-fat process
cheese
Medium-fat process
cheese
Low-fat process
cheese
Fat-free process
cheese
High-fat cheese
spread
(Full-fat) cheese
spread
Medium-fat cheese
spread
Low-fat cheese
spread
Fat-free cheese
spread
* Not specified
Alternative class
designation
Fat in dry matter content
Minimum dry
matter content
(%)(m/m)
Minimum
(%)(m/m)
Maximum
(%)(m/m)
3
4
5
6
-
60
*
52
Full-cream process
cheese
Medium-cream process
cheese
*
45
59
45
25
44
40
10
24
36
*
10
34
60
*
44
Full-cream cheese
spread
45
59
41
Medium-cream cheese
spread
*
25
45
31
10
24
30
*
10
29
Skim(med) process
cheese
Skim(med) cheese
spread
21
Standards for process(ed) cheese and cheese spread(s) with added foodstuffs
13.
(1)
A composite dairy product of the type known as process(ed) cheese and cheese
spread(s) with added foodstuffs shall -(a)
comply with the provisions of regulation 4;
(b)
subject to the provisions of regulation 4(3) be free of any substance that does not
naturally form part of process(ed) cheese and cheese spread(s) or the foodstuff
that has been added thereto; and
(c)
comply with the applicable standards specified in columns 4 and 5 of Table 9
opposite the class concerned;
(d)
be manufactured by the grinding, mixing, melting and emulsifying, with the aid of
heat and an emulsifying agent, of a type of cheese specified in item 1, 2, 3 or 4 of
column 1 of Table 7; and
(e)
during the manufacture thereof be heat treated for 30 seconds at a temperature
of 70°C, or any other equivalent or greater time/temperature combination.
(2)
At least 80 per cent of the dry matter content of process(ed) cheese and cheese
spread(s) with added foodstuffs shall consist of ingredients derived from dairy products: Provided that not
more than 5 per cent of such dry matter content shall consist of lactose.
TABLE 9
CLASSES OF AND STANDARDS FOR PROCESS (ED) CHEESE AND CHEESE SPREAD WITH
ADDED FOODSTUFFS
Type of cheese
1
1. Process cheese
with added
foodstuffs
Class designation
2
Cheese
spread with
added
foodstuffs
3
High-fat process cheese
with (name of added
foodstuff)
Double-cream process
cheese with (name of added
foodstuff)
Full-fat process cheese
with (name of added
foodstuff)
Full-cream process cheese
with (name of added
foodstuff); Process cheese
with (name of added
foodstuff)
Medium-cream process
cheese with (name of added
foodstuff)
Medium-fat process
cheese with (name of
added foodstuff)
Low-fat process cheese
with (name of added
foodstuff)
Fat-free process cheese
with (name of added
foodstuff)
2.
Alternative class
designation
High-fat cheese spread
with (name of added
foodstuff)
Fat in dry matter content
Minimum
(%)(m/m)
Maximum
(%)(m/m)
Minimum
dry matter
content
(%)(m/m)
4
5
6
60
*
52
45
59
45
25
44
40
10
24
36
*
>10
34
60
*
44
_
*
Double-cream cheese spread
with (name of added
foodstuff)
22
Type of cheese
Class designation
Alternative class
designation
Full-fat cheese spread with
(name of added foodstuff)
Medium-fat cheese spread
with (name of added
foodstuff)
Low-fat cheese spread
with (name of added
foodstuff)
Fat-free cheese spread
Minimum
(%)(m/m)
Maximum
(%)(m/m)
Minimum
dry matter
content
(%)(m/m)
45
59
41
25
44
31
-
10
24
29
-
*
10
25
Full-cream cheese spread
with (name of added
foodstuff); Cheese spread
with (name of added
foodstuff)
-
Fat in dry matter content
Standards for Cream Cheese
14.
(1)
A primary dairy product of the type known as cream cheese shall -(a)
be manufactured mainly from the primary dairy product known as cottage cheese
and cream; and
(b)
comply with the provisions of regulation 4.
TABLE 10
CLASSES OF AND STANDARDS FOR CREAM CHEESE
Type of
cheese
1
Cream
cheese
Class designation
2
Cream cheese 33 %
Cream cheese 28%
Cream cheese 24%
Alternative class
designation
Fat in dry matter content
Minimum
(%)(m/m)
Minimum
(%)(m/m)
3
4
5
Mascarpone; Full
fat cream cheese
70
*
Cream cheese
28%; medium fat
cream cheese
Cream cheese
24%; low fat
cream cheese
60
69
Minimum dry
matter
content
(%)(m/m)
6
45
42
Milk-fat
(%)(m/m)
7
At least 33
At least 28
but less than
33
At least 24
but less than
28
60
69
38
23
Standards for Cottage cheese
15.
(1)
A primary dairy product of the type known as cottage cheese shall -(a)
be manufactured from milk and milk products with or without added foodstuffs;
and
(b)
Comply with the provisions of regulation 4.
TABLE 11
CLASSES OF AND STANDARDS FOR COTTAGE CHEESE AND COTTAGE CHEESE WITH ADDED
FOODSTUFFS
Type of
primary
dairy
product
Class designation
Alternate class
designation
Milk-fat
(%)(m/m)
Maximum
moisture
content
(%)(m/m)
Total dry matter
content
(%)(m/m)
Fat-in –dry
matter content
(%)(m/m)
1
2
3
4
5
6
7
*
75
*
45-60
Medium fat cottage
cheese
*
77
*
25-45
Low fat cottage
cheese
*
80
*
10-25
Skimmed milk
cottage cheese
*
82
*
>10
Cottage cheese;
Full cream cottage
cheese, Creamed
cottage cheese
*
75
Medium fat cottage
cheese with (name of
added foodstuff)
*
77
More than 25.0
25-45
Low fat cottage
cheese with (name of
added foodstuff)
*
80
More than 22.0
10-25
*
82
More than 20.0
> 10
Cottage
cheese
Full-fat cottage
cheese
Fat free cottage
cheese
Cottage
cheese
with added
foodstuffs
Full-fat cottage
cheese with (name of
added foodstuff)
Fat free cottage
cheese with (name of
added foodstuff)
Cottage cheese;
Full cream cottage
cheese, Creamed
cottage cheese
Skimmed milk
cottage cheese
More than 27.0
45-60
Standards for Whey cheese
16.
(1)
A primary dairy product of the type known as whey cheese shall be manufactured by -(a)
The concentration of whey and the moulding of the concentrated product; and
24
(b)
(2)
The coagulation of whey by heat with or without the addition of acid.
Comply with the provisions of regulation 4.
Standards for Butter
17.
(1)
A primary dairy product of the type known as butter shall -(a)
comply with the provisions of regulation 4; and
(b)
not contain any animal fat, vegetable oil or marine fat.
(2)
Cream that is intended for the manufacturing of butter may by means of a substance the
use of which is permitted for this purpose under the Foodstuffs, Cosmetics and Disinfectants Act, 1972,
(Act No. 54 of 1972) be neutralized to a pH of not higher than 7.6.
TABLE 12
CLASSES OF AND STANDARDS FOR BUTTER
Type of
primary
dairy
product
Class
designation
Alternate class
designation
Milk-fat (%)(m/m)
Maximum
moisture
content
(%)(m/m)
Maximum
solids-not-fat
content
(%)(m/m)
Maximum
sodium
chloride
content
(%)(m/m)
1
2
3
4
5
6
7
Butter
Salted butter
Salted butter;
Butter
More than 80
16
2
2
Unsalted
butter
Unsalted butter
More than 82
16
2
0
Medium-fat
butter
-
50 - 65
*
*
2
Low-fat butter
-
35 - 45
*
*
2
Standards for modified butter
18.
(1)
A modified dairy product of the type known as modified butter shall comply with the
provisions of regulation 4.
TABLE 13
CLASSES OF AND STANDARDS FOR MODIFIED BUTTER
Type of
primary
dairy
product
Class
designation
Alternate
class
designation
Minimum
milk
fat content
(%)(m/m)
Maximum
vegetable oil
content
(%)(m/m)
Maximum
marine fat
content
(%)(m/m)
Total fat
content
(%)(m/m)
Maximum
sodium
chloride
content
(%)(m/m)
1
2
3
4
5
6
7
8
High-fat butter
spread
40
40
40
75 - 85
2
Modified
butter
High-fat
modified
butter
25
Medium-fat
modified
butter
Medium-fat
butter spread
30
30
30
50 - 65
2
Low-fat
modified
butter
Low-fat butter
spread
20
20
20
35 - 45
2
Standards for Dairy powder and Dairy powder blend
19.
(1)
Primary dairy product of the type known as dairy powder and dairy powder blends shall -(a)
be manufactured by partial removal of water from the primary liquid product
concerned; and
(b)
Comply with the provisions of regulation 4.
TABLE 14
CLASSES OF AND STANDARDS FOR DAIRY POWDERS AND DAIRY POWDER BLENDS
Types of dairy
powder product
Class
designation
Alternative class
designation
Milk fat (%)(m/m)
1
2
3
4
Milk powder
High-fat milk
powder
-
Minimum
protein
content
calculated
on a free
fat basis
(%) (m/m)
Maximum
moisture
content
(%) (m/m)
5
6
More than 40
35
5.0
Full-fat milk
powder
Milk powder, Dry
milk , Full-cream
milk powder
26 - 40
35
5.0
Medium-fat milk
powder
Medium fat dry
milk
10 - 26
35
5.0
Low-fat milk
powder
Low fat dry milk
1.5 - 10
35
5.0
Fat-free milk
powder
Skim(med) milk
powder, fat free dry
milk
Less than 1.5
35
5.0
-
More than 42
34
5.0
Cream powder
Cream powder
Buttermilk powder
Buttermilk
powder
Dry buttermilk
*
*
5.0
Whey powder
High-protein
whey powder
Whey protein
concentrate
*
35
5.0
Whey powder
Dry whey
11
5.0
More than 1.5
26
Types of dairy
powder product
Class
designation
Alternative class
designation
Milk fat (%)(m/m)
1
2
3
4
Cheese powder
Dairy powder
blend
Minimum
protein
content
calculated
on a free
fat basis
(%) (m/m)
Maximum
moisture
content
(%) (m/m)
5
6
20.0
More than 40
*
30
5.0
5.0
26 - 40
30
5.0
Medium-fat dairy
powder blend
10 -26
30
5.0
Low-fat dairy
powder blend
1.5 – 10
30
5.0
Fat-free dairy
powder blend
Less than 1.5
30
5.0
Cheese powder
High-fat dairy
powder blend
Full-fat dairy
powder blend
-
Full-cream dairy
powder blend
TABLE 14B
CLASSES OF AND STANDARDS FOR DAIRY BUTTER OIL
Types of dairy
powder
product
Class
designation
Alternative
class
designation
1
2
3
Anhydrous
milk fat
Ghee; Butter
oil
Dry milk
Anhydrous
fat
Milk fat (%)(m/m)
4
fat,
milk
Minimum protein
content calculated
on a free fat basis
(%) (m/m)
5
More than 99.6
Maximum
moisture
content (%)
(m/m)
6
0.3
Standards for Dairy liquid blend and cultured dairy liquid blends
20.
(1)
A primary dairy product of the type known as dairy liquid blend shall be made up of at
least 50 % of the primary dairy product concerned.
(2)
A primary dairy product of the type known as cultured dairy liquid blend shall -(a)
be manufactured from pasteurized dairy liquid blend which has been inoculated
with a culture to produce a specific microbiological flora under controlled
conditions;
(b)
contain at least 40 % of the cultured milk in the final product; and
(c)
Comply with the provisions of regulation 4.
27
TABLE 15
CLASSES OF AND STANDARDS FOR LIQUID CULTURED BLENDS
Type of
composite dairy
product
1
Class
designation
2
Alternate class designation
Fat content
3
Minimun solids non fat
content
Calculated
Calculated
on the total
on a fat
content (%)
free basis
(m/m)
(%) (m/m
4
Minimum milk
protein content
calculated on a
fat free basis (%)
(m/m
pH- value
5
6
7
8
Dairy liquid blend
Cultured dairy
liquid blend
High-fat dairy
liquid blend
High-fat dairy blend; High-fat dairy
mixture
More than 4.5
8.2
8.6
2.6
*
Full-fat dairy liquid
blend
Full-cream dairy liquid blend; Fullcream dairy blend; Full-cream dairy
mixture
2.5 - 4.5
8.3
8.6
2.6
*
Low-fat dairy
liquid blend
Low-fat dairy blend; Low-fat dairy
mixture
0.5 - 2.5
8.4
8.6
2.6
*
Fat-free dairy
liquid blend
Fat-free dairy blend; Fat-free dairy
mixture
Less than 0.5
8.6
8.6
2.6
*
High-fat cultured
dairy liquid blend
High-fat cultured dairy blend; Highfat maas blend
More than 4.5
8.2
8.6
2.6
Less than 4.6
Full-fat cultured
dairy liquid blend
Full-cream cultured dairy liquid
blend; Full-fat cultured dairy blend;
Cultured dairy blend; Maas blend
2.5 - 4.5
8.3
8.6
2.6
Less than 5.5
Low-fat cultured
dairy liquid blend
Low-fat cultured dairy blend; Lowfat maas blend
0.5 - 2.5
8.4
8.6
2.6
Less than 5.5
Fat-free cultured
dairy liquid blend
Fat-free cultured dairy blend; Fatfree maas blend
Less than 0.5
8.6
8.6
2.6
Less than 5.5
28
Classes and standards of imitation dairy products
21.
(1)
An imitation dairy product shall --
(a)
in the case of a type of product specified in column 1 of Table 16 , be classified in
the classes specified in column 2 of the said table opposite thereto;
(b)
have a clean and characteristic flavour;
(c)
subject to the provisions of subregulation (4), be free of any substance that does
not naturally form part of the raw materials from which it is manufactured;
(d)
comply with the applicable standards specified in columns 3 and 4 of Table 16
opposite the class concerned; and
(e)
except where expressly provided otherwise in Table 16, have at least the same
fat content, protein content and carbohydrate content as a dairy product with
corresponding appearance, organoleptic characteristics and intended use.
(2)
At least 50 per cent of the dry matter content of an imitation dairy product of the type
known as imitation milk product 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 type known as sweetened condensed milk with
vegetable oil shall consist of a composite dairy product of the type known as sweetened condensed fatfree milk, to which vegetable oil has been added, and
(4)
An imitation dairy product may contain other foodstuffs and food additives to the extent
permissible under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972).
TABLE 16
CLASSES OF AND STANDARDS FOR IMITATION DAIRY PRODUCTS
*
Type of imitation dairy product
Class designation
Minimum total fat
content
(%)(m/m)
Minimum milk protein
content calculated on a fatfree basis (%)(m/m)
1
2
3
4
1.
Creamer
Coffee-creamer
Tea-creamer
*
*
*
*
2.
Imitation milk product
Blend
*
20.0
3.
Imitation-cream
Dessert topping
20.0
*
4.
Sweetened condensed
milk with vegetable oil
Sweetened condensed
milk with vegetable oil
8.0
7.5
5.
Imitation Cheese
Imitation Cheese
*
*
Not specified
29
Requirements for containers
22.
(1)
A container in which a dairy product or an imitation dairy product is packed 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 to the contents thereof.
(b)
be so strong that it will 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 sterilized
before a dairy product or an imitation dairy product is packed therein;
(d)
be unbroken; 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 dairy
product, irrespective whether those dairy products or imitation dairy products are packed therein in
separate containers.
Marking of containers
23.
(1)
The main panel of a container of a dairy product or an imitation dairy product shall be
marked with the following particulars in at least English:
(a)
The applicable class designation of that dairy product or imitation dairy product
as required in regulation 24.
(b)
The applicable additions to such class designation as required in regulation 25.
(c)
If applicable, the additional particulars as required in regulation 26.
(2)
A container of a dairy product or an imitation diary product shall, either on the main panel
or on any other conspicuous place thereon, be marked with the following particulars:
(3)
(a)
The name and address of the packer of that dairy product or imitation dairy
product as required in regulation 27.
(b)
If applicable, the particulars as required in regulation 29.
(c)
The nett mass or volume of dairy product or imitation dairy product packed
therein as required in terms of the Trade Metrology Act, 1973 (Act No. 77 of
1973).
(d)
“The country of origin.”, “Product of South Africa” or “Manufactured in South
Africa” – expressed optionally if only produced and distributed in the Republic of
South Africa.
(a)
The particulars referred to in paragraphs (a) and (c) of subregulation (1) and
paragraphs (a) and (b) of subregulation (2) shall be marked on an outer container
in which more than one separate container of a dairy product or an imitation dairy
product is packed.
(b)
The particulars in regulation 29(2), as well as those referred to in paragraph (a)
30
of subregulation (2) shall be marked on the inner container of an imitation dairy
product and a dairy product of the type known as dairy powder blend.
(4)
Subject to the provisions of subregulation (6) the particulars referred to in subregulations
(1) and (2) shall be indicated in detached letters and figures:
(5)
(a)
that are in each separate case of the same colour, type and size;
(b)
of which the minimum vertical height, shall be at least 2 mm: Provided that in the
case where the marking requirements are indicated on a foil lid, all the relevant
marking requirements must be indicated and not be smaller than 1 mm; and
(c)
that are clearly legible.
(a)
If a word or expression forms part of the class designation differ in size the
difference in size between the smallest and the largest letter may not be more
than 5mm.
(b)
An outer container in which one or more containers of a dairy product or an
imitation dairy product is packed, shall for the purposes of these regulations be
deemed to contain the mass of dairy product or imitation dairy product that is
contained in total by the respective containers packed therein.
(c)
In the class designation of a type of composite dairy product as specified in items
2 in column 1 of Table 5 and of a type of cheese with added foodstuffs as
specified in items 1 and 2 in column 1 of Table 9, the name of the added
foodstuff may be indicated in a different letter type, size and colour and on a
different background colour: Provided that -(i)
the letters indicated shall not be larger in size than the letter size of the
class designation and;
(ii)
it is indicated immediately before or after the rest of the class
designation.
(d)
The words "with" or "met" in the class designation of a type of composite dairy
product as specified in items 2 and 3 in column 1 of Table 5 and of a type of
cheese with added foodstuffs as specified in items 1 and 2 in column 1 of Table 9
are optional and may be indicated in a different colour, type and size of letter
(e)
The indication of the fat content of a dairy product in the class designation may
be indicated in a different letter size and type: Provided that -(i)
the letters indicated shall not be larger than the size of the rest of the
class designation; and
(ii)
the fat class indication appears immediately before or after the rest of the
class designation.
(6)
If a primary dairy product known as milk/Amasi is sold in the container of the buyer, the
container from which such milk/Amasi is sold shall be marked in the immediate vicinity of the tap of the
container with the applicable class designation and the manner of heat treatment, e.g.“pasteurised” or if
not “raw” or “unpasteurised” in terms of these regulations, in letters and figures of which the minimum
vertical height is at least 30mm.
(7)
If a primary dairy product known as cheese is cut and packed in the retail trade, the
container or wrapper thereof shall be provided with a label on which the class designation or, where
applicable, the trade mark designation, as well as a packing code , and shall be indicated in clear, legible
letters and figures. In the case of bulk imported cheese, the country of origin should be added.
31
(8)
(a)
If any food additive or foodstuff has been added to a dairy product or an imitation
dairy product, the particulars thereof shall, in the manner as required in terms of
the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972), be
marked on a container of that dairy product or imitation diary product.
(b)
The provisions of paragraph (a) shall not apply to a colourant that is added to
butter or cheese.
(9)
Dairy product may only be marked with the expression “free range“ on milk or “made
from free range milk” on dairy products if such milk is from a farm certified as “free range” by the assigned
certifying body (still to be appointed) and complies with the following standards;
(a)
Dairy animals must be able to range freely on pasture and graze pasture,
including:
(i)
spending a minimum of 300 days on pasture, grazing pasture annually,
and
(ii)
obtaining a minimum average of 30 % of their dry-matter intake annually
from grazing pasture.
(b)
The stocking-density of dairy cattle on pasture should not exceed 130 head per
hectare.
(c)
The stocking-rate of dairy cattle on pasture should not exceed 2,000 kg per
hectare.
(d)
See guidelines for calculation attached as Annexure 1
Indication of class designation
24.
(1)
Subject to the provisions of subregulation (2), the class designation of a dairy product or
an imitation dairy product that is marked on the main panel of a container thereof shall --
(2)
(a)
in the case of a primary dairy products and imitation dairy products specified in
column 1 of all Tables concerned, be the applicable class designation or
alternate class designation centrally located on the main panel specified in
column 2 or 3 of the said table;
(b)
in the case of cheese specified in Table 7, one of the following:
(i)
the class designation specified in column 2 of the said Table;
(ii)
the alternate class designation specified in column 3 of the said Table;
(iii)
a combination of such class designation and alternate class designation:
Provided that such a designation shall represent a true description of the
cheese concerned; or
(iv)
the trade mark designation: Provided that the particulars referred to in
subparagraph (i), (ii) or (iii) may be indicated on the main panel of the
label together with the trade mark designation;
(c)
in the case of modified butter, be the applicable class designation or alternate
class designation specified in column 1 of 2 of Table 13: Provided that in the
case of any other modified dairy product the word “modified” or “filled” must form
part of the class designation;
(a)
A class designation may be marked in altered word sequence on the main panel
32
of a container on condition that the altered word sequence does not constitute a
misrepresentation or does not or may not directly or by implication create a
misleading impression regarding the quality, nature, origin or composition of the
dairy product or imitation dairy product concerned.
(b)
The word "gekondenseerde" in the Afrikaans designations of the type of primary
dairy product known as unsweetened condensed milk, and of the type of
composite dairy product known as sweetened condensed milk, may be
substituted by the word "kondens".
(c)
The word "fruit" in the class designation of the type of composite dairy product
known as fruit yoghurt may be substituted by the name of the type of fruit that
has been added thereto.
(d)
If the milk is derived from plant material, the word “milk” shall be preceded by the
name of the plant concerned, and
(e)
A product labelled as “non-dairy” shall contain no dairy ingredients.
Additions to class designation
25.
(1)
If a flavourant has been added to a dairy product or an imitation dairy product in order to
render a distinctive specific flavour thereto, the applicable class designation for that product shall be
preceded by the descriptive name for the distinctive flavour concerned and the expression "Flavoured" or
"Gegeurde", unless the flavourant concerned has, in the case of the dairy products known as fruit
yoghurt, yoghurt, cottage cheese, process cheese and cheese spread with added foodstuffs, been added
thereto to enhance the flavour of the fruit or added foodstuff concerned.
(2)
In the case where a foodstuff has been added to a dairy product or imitation dairy
product, the applicable class designation shall be preceded by the actual name of the foodstuff added,
and the depictions may be used.
(3)
If the types of primary dairy products known as milk and cream, have been pasteurized,
sterilized, ultra-pasteurized, U.H.T.-treated or undergone any other processing method, the applicable
class designation for that product shall, depending on the manner of processing thereof, include the
expression “Pasteurized” or Gepasteuriseer”, or “Sterilized” or Gesteriliseer” or, “Ultra-pasteurized or
Ultra gepasteuriseerd” or “UHT” or as the case may be;
(a) the expression “Long Life” or “Langlewe” may be used on “Sterilised“ and “UHT” milk provided
that the heat treatment also be indicated on the main panel in close proximity to the class designation”.
(4)
The provisions of subregulation (3) shall mutatis mutandis apply to dairy products of the
types known as yoghurt with fruits and yoghurt with added foodstuffs, if it is subjected to heat-treatment
after fermentation".
(5)
If the types of primary dairy products known as milk and cream have not been treated as
contemplated in subregulation (3), the applicable class designation for that product shall include the
expression "Unpasteurized" or "Ongepasteuriseer", or "Raw" or "Rou".
(6)
In the case of modified flavoured milk and powdered modified cream the definition of
“modified dairy product” shall be complied to and the word “modified” must form part of the class
designation.
Additional particulars on main panels
26
(1)
(a)
The main panel of a container of a primary dairy product of the type known as
dairy powder blend or dairy liquid blend, and of an imitation milk product, shall be
marked with a product description of the product concerned; and
33
(b)
Such product description shall -(i)
in the case of a primary dairy product of the types known as dairy
powder blend and dairy liquid blend, consist of an indication of the
descriptive names of the main dairy ingredients of the product
concerned, indicated in descending order by mass; and
(ii)
(2)
in the case of imitation dairy products p, consist of an indication of the
descriptive names of the main ingredients of the product concerned,
indicated in descending order by mass on the main panel.
If a dairy product or an imitation dairy product has been sweetened-(a)
the expression "Sweetened" or "Versoet" shall be indicated on the main panel of
a container thereof; and
(b)
the descriptive name of the sweetener which was used, shall be included in the
particulars required to be indicated in terms of regulation 23(8) (a).
(3)
If a primary dairy product of a particular class is a main constituent of an imitation dairy
product referred to in paragraph 1(a), the descriptive name for such primary dairy product in a product
description referred to in paragraph 1(b) shall be the applicable class designation for that dairy product.
(4)
If vegetable oil is a constituent of an imitation dairy product referred to in paragraph 1(a),
the type of vegetable oil shall also be indicated.
(5)
(a)
The main panel of a container of an imitation dairy product of the type known as
imitation milk product shall be marked with an indication of the minimum extent to
which milk solids obtained from milk, milk powder, whey powder or buttermilk
powder forms part of the product concerned; and
(b)
The extent thus indicated shall be calculated on a mass per mass basis and be
expressed as a percentage of the total solids of the product concerned: Provided
that this information may be included in a nutritional table in accordance with the
requirements of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No.
54 of 1972).
Indication of packer
27.
(1)
The name of the packer of a dairy product or an imitation dairy product that is marked on
a container shall -(a)
consist of the initials and surname or trade name of the packer concerned; and
(b)
address, and shall be indicated immediately after the particulars referred in (a)
(c)
in the case of a product that is imported into the Republic to be sold in the retail
trade, be preceded by the expression "Imported by" or "Ingevoer deur" or any
other expression with similar meaning.
(2)
If a dairy product or an imitation dairy product has been manufactured or packed on
behalf of a person -(a)
the initials and surname or trade name of the person on whose behalf that
product has been manufactured or packed shall be substituted for the particulars
referred to in paragraph (a) of subregulation (1);
(b)
the address shall be marked on such container immediately after the particulars
referred to in paragraph (a); and
(c)
the particulars referred to in the provisions of subregulations (1) may in addition
34
be marked on such container.
Indication of production lot
28.
(1)
A number or code that is marked on a container of a dairy product or an imitation dairy
product shall represent the date of manufacture or packing of that dairy product or imitation dairy product
and, if applicable, the number of the production lot thereof.
(2)
Such number or code shall -(a)
be the same on all containers in which a product originating from the same
production lot are packed.
(b)
be on a dairy product or an imitation dairy product that is imported into the
Republic in the container in which it is sold in the retail trade.
(3)
Notwithstanding the provisions of subregulation (1), a number or code referred to in that
subregulation shall not be required in the case of -(a)
butter and all dairy products that are packed in units of 50 g or less: Provided
that in the case of butter of the classes known as salted butter and unsalted
butter, the number or code concerned shall be indicated on the outer container
thereof.
Additional particulars on containers
29.
(1)
A container of a dairy product of the type known as milk powder shall be marked with
producers directions for the reconstitution thereof with water in order to obtain a product, that has the
same characteristics as milk.
(2)
(a)
A main panel of an imitation dairy product of the type known as imitation milk
product shall be marked with the expression "Not for baby/infant feeding" or "Nie
vir baba/voeding nie", and such expression shall be framed with a solid line;
(b)
A container of a primary dairy product of the type known as dairy powder blend,
dairy liquid blend or whey powder shall be marked with the expression "Not
formulated for baby/infant feeding" or "Nie geformuleer vir suigelingvoeding nie",
and such expression shall be framed with a solid line;
(c)
For the purposes of paragraph (a) and (b), "baby" means a child under the age of
three years; and
(d)
The expression referred to in paragraphs (a) and (b) shall be marked in
conjunction with the class designation for the product concerned.
(3)
A container of butter of the class known as low-fat butter, and of modified butter of the
class known as low-fat modified butter shall be marked with the expression "Not suitable for frying
purposes" or "Nie geskik vir braaidoeleindes nie".
(4)
If the actual salt content of a dairy product or an imitation dairy product constitutes less
than one per cent of the content thereof, it may directly or by implication be indicated on the container of
such product that it contains less salt (sodium chloride) than normally present in a product of that class, in
which case the expression "Salt content" or "Soutinhoud", followed by the actual percentage sodium
chloride content present therein, calculated to the nearest 0,2 per cent, shall be marked on the container
of that product.
(5)
(a)
A container of butter of the classes known as medium-fat butter and low-fat
butter, and of modified butter of the classes known as high-fat modified butter,
medium-fat modified butter and low-fat modified butter, shall be marked with the
expression "Moisture content" or "Voginhoud" followed by an indication of the
35
extent, expressed as a percentage, to which moisture constitutes part of that
product; and
(b)
The percentage referred to in subparagraph (a) shall not differ by more than
three per cent from the actual moisture content of the product concerned.
(6)
If the actual protein content of a primary dairy product of the class known as high protein
whey powder or whey powder exceeds the minimum required in terms of subregulation 4 by 4 per cent or
more, an indication of such actual protein content shall be marked on the container of that product.
(7)
If a dairy product or an imitation diary product is imported into the Republic in the
containers in which it is to be sold in the retail trade, the name of the country of origin thereof, preceded
by the expression "Imported from" or "Ingevoer vanaf", or "Manufactured in" or "Vervaardig in" shall be
marked on such containers.
(8)
(a)
(b)
If the fat content of a dairy product or an imitation diary product is indicated on
the main panel of a container thereof, the indicated fat content of the product
concerned shall -(i)
in the case of a liquid product, not differ by more than 0,2 gram from the
actual fat content thereof; and
(ii)
in the case of a non-liquid product, not differ by more than 2,0 gram from
the actual fat content thereof.
A primary product of the type known as cream shall, for the purpose of this
subregulation be deemed to be a non-liquid product.
Restricted particulars on containers
30.
(1)
(2)
(a)
No word, mark, illustration, depiction or other method of expression that
constitutes a misrepresentation or directly or by implication creates or may create
misleading impression regarding the quality, nature, class, origin or composition
of a dairy product or an imitation dairy product shall be marked on a container of
such product. In the case of fruit yogurt containing 6% or more fruit, depictions
may be allowed of the respective fruit;
(b)
The provisions of paragraph (a) shall, in the case of an imitation dairy product of
the type known as imitation milk product, not be construed so as to include a
prohibition on an illustration or depiction of a drinking glass or glass jug
containing a liquid with a whitish colour;
(a)
no word or expression which so nearly resembles the class designation of a dairy
product that it could be misleading with regard to the composition of an imitation
dairy product shall be marked on the container of such imitation dairy product;
and
(b)
no class designation other than the applicable class designation of a dairy
product or an imitation dairy product shall, except in the circumstances set out in
regulation 24, be marked on a container thereof.
(3)
No 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 containing dairy product or imitation
dairy product, shall appear on such a container, unless
(a)
such a trade mark has been in use before the promulgation of “Regulations
relating to dairy products and imitation dairy products" published by Government
Notice No. R. 2581 of 20 November 1987;
(b)
that trade mark is framed clearly on the container of the imitation dairy product
36
concerned; and
(4)
(c)
the expression “Trade Mark “ or “Handelsmerk”, or an abbreviation of the said
expression that is permissible under the Trade Marks Act, 1993 (Act No. 194 of
1993), is marked within such frame in letters of which shall be a minimum vertical
height of 2mm.
(a)
The words "natural", "natuurlik", "super", "extra", and "ekstra", or any other word
or expression that directly or by implication creates or may create the impression
that a dairy product or an imitation dairy product is of a special or particular
quality shall not be marked on the container of such product; and
(b)
The words "mature" and "beleë" may be marked on the container of cheese only
if such cheese -(i)
has been ripened for the applicable minimum ripening period specified in
column 7 of Table 7;
(ii)
has after organoleptic evaluation according to the method specified in
Item 1 of Table 17, attained an average score of at least 4; and
(iii)
has broken down sufficiently.
(5)
No claim regarding the absence of any substance that does not normally occur in a dairy
product or an imitation dairy product shall be marked on the container of such product.
(6)
No comparison with or reference to the respective merits or demerits of dairy products
against imitation dairy products, whether relevant or not, shall be marked on the container of an imitation
dairy product.
(7)
(a)
No claim that directly or by implication creates or may create the impression that
an imitation dairy product contains polyunsaturated fat or fatty acids shall be
marked on the container of such product; and
(b)
The expression "Contains polyunsatured fats/fatty acids" or "Bevat polionversadigde vette/vetsure" may be marked on a container of a dairy product or
an imitation dairy product if --
(c)
(i)
the total fat content of that product is at least 50 per cent per mass of the
total dry matter content thereof;
(ii)
the total polyunsaturated fatty acid content of that product is at least 40
per cent per mass of the total fatty acid content thereof; and
(iii)
the total fatty acid content of the fat phase of that product is such that the
aggregate of the palmitic acid content and the stearic acid content
thereof is not more than 20 per cent per mass of the total fatty acid
content thereof.
If the total polyunsaturated fatty acid content of an imitation dairy product
exceeds 50 per cent, this fact shall be marked on the container of such product
only by the insertion of the expression "more than 50 per cent" or "meer as 50
persent" after the word “Contains” or “Bevat” in the expression referred to in
paragraph (b).
(8)
The word “instant” or ”kits” shall be marked on the container of a dairy product only if
such product, when reconstituted in accordance with the usage instructions thereof, will disperse in water
at 20 °C within 60 seconds when stirred.
(9)
The provisions of this regulation shall mutatis mutandis apply to particulars that are
37
marked on -(a)
an outer container in which one or more separate containers of a dairy product or
an imitation dairy product is packed; and
(b)
a notice board displayed at or in the vicinity of a dairy product or an imitation
dairy product that is kept or displayed for sale.
(10)
The word “fresh” or “vars” shall only be marked on a container of a primary dairy product
of the type known as pasteurised and unpasteurised/raw milk with no added foodstuffs or minerals and on
pasteurised and unpasteurised/raw primary dairy products of the class known as “fresh cream.
Sampling
31.
The methods to be employed and the procedure to be followed when a sample of a dairy product
or an imitation dairy product is taken with a view to an analysis referred to in regulation 24 shall be as set
out in ISO 707 “Milk and Milk products – Guidance on sampling”, second edition, 1997/07/01 and in the
publications "Milk and milk products - Guide to sampling techniques", No. 50A, 1980, or "Milk and milk
products - Sampling - Attribute sampling schemes for various acceptable quality levels (AQLS)", No. 113,
1982, both published by the General Secretariat, International Dairy Federation, 41 Square Vergote,
B1040 Brussels, Belgium.
Methods of analysis
32.
The methods to be employed and the procedure to be followed in connection with the
determination of a property specified in column 1 of Table 17, of a dairy product or an imitation dairy
product shall be set out in the publication of the General Secretariat, International Dairy Federation,
41 Square Vergote, B1040 Brussels, Belgium, the number, year of publication and title of which are
respectively specified in columns 2, 3 and 4 of the said table opposite thereto or any other method which
is accepted and approved by ISO and CODEX.
TABLE 17
METHODS OF ANALYSIS
[Regulation 32]
Nature of determination
1
No. of
publication
2
Date
issued
3
Title
4
1.
Organoleptic
(sensory) evaluation
99A
1987
"Sensory evaluation of dairy products
(recommended general code - grading of
butter - grading of milk powder)".
2.
Fat content
1C
1987
"Milk - determination of the fat content - Röse
Gottlieb - Gravimetric method (reference
method)".
5B
1986
"Cheese and processed cheese products determination of the fat content (reference
method)".
9C
1987
"Dried milk, dried whey, dried buttermilk and
dried butterserum - determination of the fat
content – Röse Gottlieb - (reference
method)".
38
Nature of determination
1
3.
4.
5.
Milk protein content
Total solids
Moisture content
No. of
publication
2
Date
issued
3
Title
13C
1987
"Evaporated milks and sweetened condensed
milks - determination of the fat content
(reference method)".
16C
1987
"Cream - determination of the fat content (Röse Gottlieb reference method)".
22B
1987
"Skimmed milk, whey and buttermilk determination of the fat content (reference
method)".
24
1964
"Determination of the fat content of butter oil".
105
1981
"Milk - determination of fat content, Gerber
Butyrometers".
20A
1968
"Milk - determination of the total nitrogen
content (Kjeldahl method) and calculation of
crude protein content".
98A
1985
"Milk - Protein content (routine method)".
4A
1982
"Cheese and Processed Cheese –
determination of the total solids content
(reference method)".
15B
1988
"Sweetened condensed milk – determination
of the total solids content (reference
method)".
21B
1987
"Milk, Cream and Evaporated Milk –
determination of total solids content
(reference method)".
23A
1988
"Milkfat products - determination of water
content (Karl Fisher method)".
26
1964
"Determination of the water content of dried
milk".
137
1986
"Butter - determination of water content".
4
6.
Freezing point
108A
1986
"Milk - determination of freezing point Thermistor cryoscope method".
7.
Salt content
12A
1969
"Determination of the salt (Sodium Chloride)
content of butter (reference method)".
88
1979
"Cheese and processed cheese products determination of chloride content
(potentiometric titration method)".
80
1977
"Butter - determination of water, solids-non-fat
and fat contents on the same test portion".
8.
Moisture, solids-notfat and fat content
39
Nature of determination
1
9.
Dispersibility and
Wettability
10. pH
No. of
publication
2
Date
issued
3
Title
87
1979
"Instant dried milk - determination of
dispersibility and wettability".
104A
1984
“Butter – determination of the pH of the serum
(potentiometric method)”.
4
Offences and penalties
33.
Any person who contravenes or fails to comply with the provisions of these regulations shall be
guilty of an offence and upon conviction be liable to a fine or to imprisonment in accordance with section
11 of the Act.
ANNEXURE 1 – GUIDELINES FOR CALCULATING FREE RANGE PROVISIONS
Guide to calculations
Average heifer weight =
(((Average cow weight x 0.9) – 35) ÷ (Average age at first
calving x 30.5)) x (Age at first calving ÷ 2 x 30.5) + 35
Stocking rate =
(Average cow weight x Number of cows in herd + Average
heifer weight x Number of heifers) ÷ Total area of fertilized
pastures
Average camp size =
Total area of fertilized pastures ÷ Number of camps
Average group size =
Cows in herd ÷ Number of groups of cows
Stocking density =
Average group size ÷ Average camp size