South Africa’s Regulatory Framework

South Africa’s regulatory framework is notoriously complex compared to those of other countries. Instead of having one regulatory authority to look to for food compliance, there are three government departments that regulate different aspects of food. This can be very challenging, especially if you are new to the industry or to regulations in general.

The applicable departments which have regulations relating to food labelling and composition are the Department of Health (DoH), Department of Land Reform and Rural Development (DALRRD) and Department of Trade, Industry and Competition (DTIC).

DoH:

You will find most regulations under the directorate of Food Control within the department; they are responsible for ensuring the safety of food in South Africa, and that consumers are not being misled. These regulations include those relating to food additives, contaminants, food labelling and food safety, to name a few.

DALRRD:

DALRRD regulates the quality and food safety of certain agricultural products, and controls the production, sale, import and export of liquor products. Their regulations include the quality, packaging and labelling of specific commodities and food products, as well as the chemical composition and microbiological contaminants of products in certain food categories. The aim of the regulations is to provide products of consistent quality, which is assessed based on criteria for the specific product.

DTIC:

This department is responsible for compulsory specifications (VCs) for food categories such as frozen and canned fish and shellfish, and canned and processed meats, as well as the South African National Standards (SANS). Although SANS standards are often voluntary, there are some that are referred to within compulsory specifications and other regulations that therefore become compulsory.

Legal Metrology is a division under the DTIC that specifies the manner in which the quantity indication must be included on a label, as well as related matters such as permissible deviances and the E-mark.

The Consumer Protection Act (CPA) also falls under this department. Its regulations can be seen as an ‘umbrella’ regulation, with the primary focus being to ensure the consumer does not fall prey to unfair marketing, misleading practice or any hazards.

In South Africa we have quite a challenge to ensure that every food product is compliant with all legislation! The three departments have different mandates, and focus on different aspects of a food. Their enforcement is also different. If you are unsure of which regulations are applicable to your products, contact FACTS – our regulatory team is on standby!

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