FACTS Insights – Sharing an approach

Food additive permissibility

July 2024

Here’s an example of a question we’re often asked to address: “Am I permitted to use this food additive in my food product?”

Since our approach to this query may be helpful to our clients who face similar situations, we’d like to share our ideas on how to tackle this challenge.

The FACTS approach: First, establish for what technological function the additive is added to the foodstuff. This will determine which regulation to consult.

1. In South Africa there are four regulations that control the permissibility of food additives. Two of them include tables of food categories that permit the additive, and indicate the maximum permitted levels in those categories. The other two regulations reference the Codex General Standard for Food Additives (GSFA) for permitted food categories and maximum permitted levels.
2. Sometimes it is clear from the categories listed in the regulation or standard to which category the foodstuff belongs, but sometimes it is less obvious. The GSFA includes detailed descriptions of the foods included in each category; but the local regulations are not always very clear, which can make this step quite challenging. If clarity is required, the Department of Health may need to be consulted.
3. If the additive is not listed in the regulation or standard, make sure that it does not appear under an alternative name, or as a different compound. For example, sulphur dioxide is permitted under R. 965 (regulation for Preservatives and Antioxidants); this means all other sulphite compounds are permitted too.
4. Some of the maximum permitted levels are very specific, while others may only indicate ‘GMP’ (good manufacturing practice). In the case of GMP it is important to consider the definition in the GSFA: The quantity of the additive added to food shall be limited to the lowest possible level necessary to accomplish its desired effect.

Claims on plant-based products

November 2023

Here’s an example of a question we’re often asked to address: “We’ve created a new plant-based product, and we’d like to make a protein claim. Is this permitted?”

Since our approach to this query may be helpful to our clients who face similar situations, we’d like to share our ideas on how to tackle this challenge.

The FACTS approach: The absolute first point of departure is to look at what the regulations say – and as early as possible in your product development process. A protein claim has quite a few requirements that need to be considered.

The dietitians in our team would assess the likelihood that the protein sources in the intended plant-based product are likely to meet the protein, energy and amino acid requirements of the regulations, by completing theoretical calculations to predict the outcome before incurring the relatively large cost of analysis.

Once the limiting factors have been identified, the results of the calculations can be used to reformulate the product to include a complementary plant-based protein source which will correct the protein or amino acid profile.

Testing to confirm the calculations is the next step. Once we have the laboratory results from an appropriate laboratory, we perform the complex calculations required to compare the results with the reference amino acid values listed in the regulations.

Declaring allergens

October 2023

Here’s a common question we’re often asked to address: “Our final retail product contains a highly processed and refined ingredient derived from a common allergen. The ingredient is present in the final product in very low concentrations. Do we need to declare the allergen in the ingredient list?” 

Since our approach to this query may be helpful to our clients who face similar situations, we are sharing our ideas on how to tackle this challenge.

Read more.

Heavy metals

July 2023

A common question we are asked to address is: “Our product has tested positive for heavy metals, but there are no regulatory guidelines to interpret the results against. Where do we go from here?”

Since our approach to this query may be helpful to our clients who face similar situations, we are sharing our ideas on how to tackle this challenge.

The FACTS approach: To identify relevant thresholds for the heavy metals in question, we review a range of scientific information. We then consider recommended and worst-case serving sizes for the product tested. Put together, this information can be used to perform risk assessments and establish theoretical heavy metal limits that would best safeguard the health of the consumer, and offer our client peace of mind.