Foodstuffs, Cosmetics and Disinfectants Act: Regulations relating to the reduction of sodium in certain foodstuffs and related matters, 2013

Prepared by: (31 May 2019 – to date) FOODSTUFFS, COSMETICS AND DISINFECTANTS ACT 54 OF 1972 Government Notice 923 in Government Gazette 3530 dated 2 June 1972. Commencement date: 1 January 1973 [Proc. No. 247 in Gazette No. 3669 dated 6 October 1972] REGULATIONS RELATING TO THE REDUCTION OF SODIUM IN CERTAIN FOODSTUFFS AND RELATED MATTERS Government Notice R214 in Government Gazette 36274 dated 20 March 2013. Commencement date: Various dates, the earliest being 30 June 2016 (See Table 1 and regulation 4) As amended by: Government Notice 1071 in Government Gazette 41164 dated 6 October 2017. Commencement date: 6 October 2017. Government Notice 812 in Government Gazette 42496 dated 31 May 2019. Commencement date: 31 May 2019. The Minister of Health made, under section 15(1) of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act 54 of 1972), the regulations set out in the Schedule hereto. TABLE OF CONTENTS 1. DEFINITIONS 2. REDUCTION OF TOTAL SODIUM CONTENT OF CERTAIN FOODSTUFFS 3. METHODOLOGY FOR TESTING OF TOTAL SODIUM 4. EFFECTIVE DATES SCHEDULE 1. DEFINITIONS In these regulations, any expression to which a meaning has been assigned in the Act shall bear such meaning and, unless inconsistent with the context – "bread" means white bread, brown bread, whole-wheat bread and speciality bread as defined by the Regulations Relating to the Grading, Packing and Marking of Wheat Products intended for sale in the Republic of South Africa, R186 of 22 February 2008 under the Agricultural Products [sic] Standards Act 1990, (Act No 119 of 1990) and any future revision thereof, naked or prepacked, including buns and Page 2 of 6 Prepared by: rolls, prepacked, part-baked or baked and bread which is subjected to the provisions of the Regulations Related to the Fortification of Certain Foodstuffs published under the Act, excluding rye bread where rye is the only or major cereal present, as well as bread to which high salt ingredients have been added; "butter spread" means all categories of modified butter spreads referred to in the Regulations Relating to Dairy Products and Imitation Dairy Products, No. R. 2581 of 20 November 1987, as amended, which were published under the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990); "fat spread" means any category of fat spreads referred to in Regulations Relating to the Classification, Packing and Marking of Fat Spreads Intended for Sale in the Republic of South Africa, R. 194 of 9 March 2012, or any future revision thereof, published under the Agricultural Products [sic] Standards Act, 1990 (Act No. 119 of 1990), excluding vanaspati and mixed vanaspati; "processed meats" for the purpose of these Regulations means processed meat products in classes 1, 2, 3, 4 and 5 of Annexure 1 that has undergone any action that substantially altered its original state (including, but not limited to, heating, smoking, curing, maturing, drying, marinating, extraction or extrusion or any combination of these processes), but excludes – (a) raw processed meat sausages or similar products; (b) 'Protected Designation of Origin' products (PDO); (c) 'Protected Geographical indication' products (PGI); and (d) .......... (e) speciality products produced using traditional methods such as immersion and dry cured processes. (Definition of "processed meats" substituted by regulation 2(a) of GN 1071 of 2017) "raw-processed meat sausages" means all types of raw-processed meat sausages from all species of meat animals and birds intended for human consumption in South Africa cured or uncured, or a combination thereof or similar products that have not undergone any heat treatment and where any added ingredient and/or additive and added water, including brine, is retained in or on the product as sold, but exclude processed meats in sausage form as defined by these Regulations; (Definition of "raw-processed meat sausages" substituted by regulation 2(c) of GN 1071 of 2017) "ready-to-eat savoury snacks" means all savoury, flavoured extruded / expanded or puffed snacks made from potato, corn, rice or other cereals, savoury flavoured popcorn, filled and unfilled savoury biscuits, flavoured and/or salted peanuts, excluding potato crisps, pretzels and savoury flavoured snacks made from pellets; (Definition of "ready-to-eat savoury snacks" substituted by regulation 2(b) of GN 1071 of 2017) Page 3 of 6 Prepared by: "the Act" means the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972); "total Sodium" means Sodium from all sources (added and intrinsic) including Sodium Chloride and Sodium from any other ingredient or additive source. 2. REDUCTION OF TOTAL SODIUM CONTENT OF CERTAIN FOODSTUFFS Any foodstuff, listed in column II of Table 1 below, which are offered for sale on the dates mentioned in column IV shall comply with the corresponding reduced total Sodium levels mentioned in column III: TABLE 1: REDUCTION OF TOTAL SODIUM (NA) CONTENT OF CERTAIN FOODSTUFFS Foodstuff category Maximum Total Sodium per 100 g foodstuff Dates on which the total Sodium reduction becomes effective I II III IV 1. Bread 400 mg Na 30 June 2016 380 mg Na 30 June 2019 2. All breakfast cereals and porridges, whether ready-to-eat, instant or cook up, hot or cold 500 mg Na 30 June 2016 400 mg Na 30 June 2019 3. All fat spreads and butter spreads 550 mg Na 30 June 2016 450 mg Na 30 June 2019 4. Ready-to-eat savoury snacks, excluding salt-and-vinegar flavoured savoury snacks 800 mg Na 30 June 2016 700 mg Na 30 June 2019 5. Flavoured potato crisps, excluding salt and vinegar flavoured potato crisps 650 mg Na 30 June 2016 550 mg Na 30 June 2019 6. Flavoured, ready-to-eat, savoury snacks and potato crisps – salted and salt-and-vinegar only 1000 mg Na 30 June 2016 850 mg Na 30 June 2019 7. Processed meat (classes 1, 4 and 5), where products in category 5 relates to cured as per Annexure 1 1300 mg Na 30 March 2017 1150 mg Na 30 April 2020 8. 850 mg Na 30 June 2016 Page 4 of 6 Prepared by: Processed meat (classes 2, 3 and 5) where products in category relates to uncured as per Annexure 1 650 mg Na 30 April 2020 9. Raw-processed meat sausages (all types) and similar products 800 mg Na 30 April 2020 600 mg Na 30 April 2020 10. Dry savoury powders (not the instant type) Includes dry soup /stew powders intended to be reconstituted, cooked up and consumed as a soup /stew and /or used to thicken and /or add flavour to any type of savoury dish, where a thickener is a significant ingoing ingredient. 5500 mg Na 30 June 2016 3500 mg Na 30 June 2019 11. Dry gravy powders and savoury sauce powders, including all dry savoury gravy /sauce powders that require cooking or which are of the instant type, used as an accompaniment to a meal. 3500 mg Na 30 June 2016 2000 mg Na 30 June 2019 12. Dry savoury powders with dry instant noodles to be mixed with a liquid Includes quick cooking Asian style noodles composed primarily of dry noodles with a seasoning sachet 1500 mg Na 30 June 2016 800 mg Na 30 June 2019 13. Stock cubes, Stock powders, stock granules, stock emulsions, stock pastes or stock jellies Includes concentrated stocks / stew products in various formats used primarily to flavour savoury dishes 18000 mg Na 30 June 2016 15000 mg Na 30 June 2019 (Table 1 substituted by regulation 3 of GN 1071 of 2017) (Table 1 (Items 7 – 9) amended by regulation 2 of GN 812 of 31 May 2019) 3. METHODOLOGY OR TESTING OF TOTAL SODIUM (1) For all foodstuff categories, suitable sodium potentiometric method or elemental analysis, with either AA (flame atomic absorption spectroscopy) or ICP (inductively coupled plasma), for determining typical total sodium content which shall be applied for monitoring and law-enforcement purposes, provided that these methods shall also be used for routine testing or for the purpose of nutritional information labelling Page 5 of 6 Prepared by: of the typical total sodium content by manufacturers. The samples shall be digested with a microwave digester and not ashing. (2) The permitted tolerance for nutrient declaration in the nutrition labeling [sic] of sodium where no claim with a nutrition or health message is made shall be in accordance with the Regulations Relating to the Advertising and Labelling of Foodstuffs; Provided that where a claim with any nutrition or health message is made, the sodium value shall be at or below the sodium targets set out in these Regulations. (Regulation 3 substituted by regulation 4 of GN 1071 of 2017) 4. EFFECTIVE DATES These Regulations, for the purposes of Sodium content monitoring and the law enforcement thereof come into effect on the dates listed in column IV of Table 1 when these foodstuffs are offered for sale on or after the mentioned dates: Provided that in categories 10, 11, 12 and 13 the target date shall be the date of manufacture. (Regulation 4 substituted by regulation 5 of GN 1071 of 2017) DR A MOTSOALEDI, MP MINISTER OF HEALTH DATE:18/3/2013 ANNEXURE 1 Processed meats classification Class number according to these Regulations Generic description Class examples 1 Comminuted, cured, heat treated products Emulsion products (polonies, viennas) 2 Comminuted, uncured, heat treated products  Blanced pork sausages,  Uncured chicken viennas,  Polonies,  Fully cooked burgers 3 Reformed, uncured, no partial heat treated products  Reformed nuggets,  Schnitzels 4 Reformed, cured, heat treated  Reformed hams, chicken,  Turkey rolls 5 Unspecified (Annexure 1 added by GN 1071 of 2017) Page 6 of 6 Prepared by: Publisher's Note: CAPTURED COMMENTS ON THE REGULATIONS RELATING TO THE REDUCTION OF SODIUM IN CERTAIN FOODSTUFFS AND RELATED MATTERS: AMENDMENT NO R989 OF 6 SEPTEMBER 2016 The above-mentioned comments on the proposed amendment of the Regulations, published under GNR 989 of 2016, have been included at the end of GN 1071 of 2017, but are not reproduced here.