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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(b) repealed the regulations published by the following Government Notices: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) R. 1595 of 28 September 1962.
(ii) R. 1596 of 28 September 1962.
(iii) R. 1782 of 6 November 1964.
(iv) R. 1783 of 6 November 1964.
(v) R. 2145 of 31 December 1964.
(vi) R. 178 of 12 February 1971.
(vii) R. 1806 of 9 September 1977.
(viii) R. 716 of 6 April 1979.
(ix) R. 600 of 28 March 1980.
(x) R. 605 of 28 March 1980.
(xi) R. 1331 of 9 July 1982.
(xii) R. 1332 of 9 July 1982.
(xiii) R. 2035 of 24 September 1982.
(xiv) R. 1004 of 13 May 1983.
(xv) R. 2580 of 20 November 1987.
(xvi) R. 2581 of 20 November 1987.
(xvii) R. 1059 of 3 June 1988.
(xviii) R. 1060 of 3 June 1988.
(xix) R. 2141 of 6 October 1989.
(xx) 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 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 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 milk-solids-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;
(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 column2 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 column2, 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.
(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.
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TABLE 1
CLASSES OF AND STANDARDS FOR MILK
Type of primary dairy product / Class designation / Alternate classdesignation / Milk fat content (%)(m/m) / Minimum solids
not fat content / Minimum milk protein content calculated on a fat- free basis (%)(m/m) / pH-value / Maximum freezing point (°C) / Additional requirements /
calculated
on the
total
content
(%)(m/m) / calculated
on a
fat-free
basis
(%)(m/m) /
1 / 2 / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 10 /
Milk / High Fat Pasteurised Milk
High Fat Ultra Pasteurized Milk
High Fat UHT Milk
High fat Sterilised Milk / Pasteurized high fat milk
Ultra Pasteurized high fat milk
UHT high fat milk
Sterilized high Fat Milk. / More than
4.5 / 8.3 / 8.6 / 3.0 / 6.5 to 6.8 / -0.512 / See Table 1A
Full fat/ full cream Pasteurised Milk
Full fat/ full cream Ultra Pasteurized Milk
Full fat/ full cream UHT Milk
Full fat/ full cream Sterilised Milk / Pasteurized full cream milk
Ultra Pasteurized full cream/full fat milk
UHT full cream/full fat milk
Full Cream/full fat sterilized milk / 3.3 - 4.5 / 8.3 / 8.6 / 3.0 / 6.5 to 6.8 / -0.512 / See Table 1A
Low fat Pasteurized Milk
Low fat Ultra
Pasteurized Milk
Low fat UHT Milk
Low fat Sterilised Milk / Pasteurized low fat milk
Ultra Pasteurized low fat milk
UHT low fat milk
Sterilized Low fat milk / 0.5 - 2.5 / 8.3 / 8.6 / 3.0 / 6.5 to 6.8 / -.0512 / See Table 1A
Fat free Pasteurised Milk
Fat free Ultra Pasteurized Milk
Fat free UHT Milk
Fat free Sterilised Milk / Pasteurized fat free milk/skim(med)
Ultra Pasteurized fat free/skimmed milk
UHT fat free/skim(med) milk
Sterilized fat free/skim(med) milk / Less than 0.5 / 8.3 / 8.6 / 3.0 / 6.5 to 6.8 / Less than
-0.512 / See Table 1A
Unsweetened condensed milk / Unsweetened condensed full fat milk
Unsweetened condensed low fat milk
Unsweetened condensed fat free milk / Unsweetened evaporated full cream milk; unsweetened condensed milk; unsweetened evaporated milk; unsweetened condensed full cream milk; evaporated milk
Low fat unsweetened evaporated milk;
Unsweetened evaporated fat free milk; unsweetened skim(med) milk; unsweetened condensed skim(med) milk / More than 7.5
1 - 7.5
Less than 1 / *
*
* / *
*
* / *
*
* / *
*
* / *
*
* / maximummoisture content (%)(m/m): 75
maximummoisture content (%)(m/m): 77
maximummoisture content (%)(m/m): 80
Flavoured Milk / High Fat Pasteurised flavoured Milk
High Fat Ultra Pasteurized flavoured Milk
High Fat UHT flavoured Milk
Sterilised Milk / More than 4.5 / Less than -0.512 / See Regulation 5 (2)
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 / Less than
-0.512 / See Regulation 5 (2)
Low fat Pasteurized flavoured Milk
Low fat Ultra Pasteurized flavoured Milk
Low fat UHT flavoured Milk
Low fat Sterilised flavoured Milk / 0.5-2.5 / Less than
-0.512 / See Regulation 5 (2)
Fat free Pasteurised flavoured Milk
Fat free Ultra Pasteurized flavoured Milk
Fat free UHT flavoured Milk
Fat free Sterilised flavoured Milk / Less than 0.5 / Less than
-0.512 / See Regulation 5 (2)
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