How do I know whether a certain additive is permitted in my product?
Food additives are an essential tool in the new product development kit. They are strictly regulated to ensure that their inclusion in food products is safe for consumption. But how do you begin to find out whether an additive is permitted, and at what level?
The use of food additives in foodstuffs sold in South Africa is mostly regulated by the Department of Health (DoH). The applicable regulations are as follows:
- Regulations relating to the use of sweeteners in foodstuffs (R. 733/2012)
- Preservatives and antioxidants regulations (R. 965/1977 as amended)
- Regulations relating to food colourants (R. 1008/1996 as amended)
- Regulations relating to miscellaneous additives in foodstuffs (R. 1425/2016)
- Soft drinks regulations (R. 1769/1985 as amended)
In addition, some of the compulsory specifications under the National Regulator for Compulsory Specifications (NRCS) also specify which additives are permitted for those foods.
Preservatives and antioxidants:
The preservatives and antioxidants regulations (R. 965) provide a list of permitted preservatives in Annexure A and permitted antioxidants in Annexure B. The permitted preservatives and antioxidants relate to specific food categories set out for each. To determine whether a preservative or antioxidant will be permitted, the food category most suitable for the product must be identified. Where the regulations do not include a food category applicable to the product, preservatives and antioxidants will not be permitted for the product at all.
For example, in refrigerated desserts, the regulations currently only permit sorbic acid as a preservative to a maximum level of 1 000 mg/kg:
As the regulation was published back in 1977, there have been quite a few amendments since; so remember to read those together with the regulation!
Colourants:
The regulations relating to food colourants (R. 1008) address permitted colourants in Annexure I. Colourants that are not listed under Annexure I are currently not permitted for use in any foodstuffs intended to be sold in South Africa. Foodstuffs listed under Annexure II may not contain any colourants except where exemptions are made in further annexures to the regulations. Annexures III to V list the colourants that are permitted in certain specific foodstuffs, as well as the permitted maximum level for each.
Sweeteners and miscellaneous additives:
Miscellaneous additives are defined as any food additive used or intended to be used primarily as an acidity regulator, anti-caking agent, anti-foaming agent, bleaching agent, bulking agent, carbonating agent, carrier, colour retention agent, emulsifier, emulsifying salt, firming agent, flavour enhancer, flour treatment agent, foaming agent, gelling agent, glazing agent, humectant, packaging gas, propellant, raising agent, sequestrant, stabiliser or thickener – therefore, all other additives not covered by the other regulations.
The permissibility of sweeteners and miscellaneous additives is not stipulated in the same manner as in the other SA additive regulations; instead, they refer directly to the Codex General Standard for Food Additives (GSFA). The GSFA is updated regularly, so please ensure that you use the latest version. The GSFA can be accessed here. This means that only the sweeteners and miscellaneous additives listed in the GSFA will be permitted to be used in the food categories listed in the GSFA, and only at the levels specified.
Compositional regulations:
The soft drink regulations and some compulsory specifications under the NRCS specify which additives are permitted within that category of foodstuff and at what level. So, if you develop a food that fits into one of these food categories, please remember to take these documents into account.
Navigating and understanding the applicable additive regulations in South Africa can be a daunting task. For assistance in determining whether an additive will be permitted in your product, please contact FACTS.