Department of Agriculture s3

DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES

No. R.

AGRICULTURAL PRODUCT STANDARDS ACT, 1990 (ACT No. 119 OF 1990)

REGULATIONS REGARDING THE SALE OF DAIRY ICE-CREAM, ICE-CREAM, FROZEN DESSERT AND FROZEN YOGHURT IN THE REPUBLIC OF SOUTH AFRICA

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 the Schedule; and

(b) determined that the said regulations shall come into operation 6 months after date of publication.

SCHEDULE

Definitions

1. In these regulations any word or expression to which a meaning has been assigned in the Act shall have that meaning and, unless the context indicates otherwise --

"consignment" means a quantity of Dairy Ice-Cream, Ice-Cream, Frozen Dessert or Frozen Yoghurt belonging to the same owner, that is delivered at any one time under cover of the same consignment note, delivery note or receipt note, or is delivered by the same vehicle;

"container" means the immediate container or wrapper in which Dairy Ice-Cream, Ice-Cream, Frozen Dessert or Frozen Yoghurt is packed for sale;

"Dairy Ice-Cream" means a product as described in regulation 4(1);

"Dairy Ice-Cream Mix" means a product as described in regulation 4(1);

"Executive Officer" means the officer designated under section 2(1) of the Act;

"Frozen Dessert" means a product as described in regulation 4(3);

"Frozen Dessert Mix" means a product as described in regulation 4(3);

"Frozen Yoghurt" means a product as described in regulation 4(4);

"Frozen Yoghurt Mix" means a product as described in regulation 4(4);

"Ice-Cream" means a product as described in regulation 4(2);

"Ice-Cream Mix" means a product as described in regulation 4(2);

"inclusions" means any ingredients or foodstuffs added to Dairy Ice-Cream, Ice-cream, Frozen Dessert or Frozen Yoghurt, after pasteurisation, that is seen as an addition and which would, if taken into account, alter the fat composition and total solids of the products concerned;

"inspector" means the executive officer or an officer under his or her control, or an assignee or an employee of an assignee; DRAFT 2

"main panel" means that part of the container that bears the brand or trade name of the product in greatest prominence or any other part of the container that bears the brand or trade name in equal prominence;

"milk" means the normal secretion of the mammary glands of bovines, goats or sheep;

"milk solids" means the solids of milk after removal of the moisture;

"milk solids non-fat" means the solids of milk after removal of the moisture and fat;

"multipack" means a container other than an outer container which contains the same or more than one type of Dairy Ice-Cream, Ice-Cream, Frozen Dessert or Frozen Yoghurt container and is intended to be sold only as a unit;

"outer container" means a container in which more than one container or multipack of Dairy Ice-Cream, Ice-Cream, Frozen Dessert or Frozen Yoghurt is packed;

"overrun" means the extent to which air is incorporated into a product, expressed as a percentage;

"overrun cup" means a calibrated cup used to determine the overrun;

"pasteurise" means the heat treatment of Dairy Ice-Cream Mix, Ice-Cream Mix, Frozen Dessert Mix or Frozen Yoghurt Mix to such an extent that all pathogens and the large majority of the micro- organism present therein are destroyed without a substantial change in the composition and flavour of the product concerned;

"product" means Dairy Ice-Cream, Ice-Cream, Frozen Dessert or Frozen Yoghurt;

"Soft Serve" means semi frozen Soft Serve Mix sold to the consumer in single serve portions;

"Soft Serve Mix" means an unfrozen homogenised and pasteurised Dairy Ice Cream Mix, Ice-Cream Mix or Frozen Dessert Mix.

"total solids" means the total solids of Dairy Ice-Cream, Dairy Ice-Cream Mix, Ice-Cream, Ice-Cream Mix, Frozen Dessert, Frozen Dessert Mix , Frozen Yoghurt or Frozen Yoghurt Mix after removal of the moisture; and

"the Act" means the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990).

Scope of regulations

2. These regulations shall apply to Dairy Ice-Cream, Ice-Cream, Frozen Dessert and Frozen Yoghurt that are sold in the Republic of South Africa to which and under circumstances in which a prohibition in terms of section 3 of the Act regarding the sale of Dairy Ice-Cream, Ice-Cream, Frozen Dessert and Frozen Yoghurt products apply.

Restrictions on the sale of Dairy Ice-Cream, Ice-Cream, Frozen Dessert and Frozen Yoghurt

3. (1) No person shall sell Dairy Ice-Cream, Ice-Cream, Frozen Dessert or Frozen Yoghurt in the Republic of South Africa --

(a) unless such product complies with the relevant standards referred to in regulation 4;

(b) unless the containers and outer containers in which such product is packed, comply with the requirements referred to in regulation 5;

(c) unless such product is marked with the particulars and in the manner prescribed in regulation 6; and DRAFT 3

(d) if such product is marked with particulars and in a manner so prescribed as particulars with which it may not be marked.

(2) The Executive Officer may grant written exemption, entirely or partially, to any person on such conditions as he or she deems necessary, from the provisions of subregulation (1).

Standards for Dairy Ice-Cream Mix, Dairy Ice-Cream, Ice-Cream Mix, Ice-Cream, Frozen Dessert Mix, Frozen Dessert, Frozen Yoghurt Mix and Frozen Yoghurt

4. (1) Dairy Ice-Cream Mix and Dairy Ice-cream:

(a) Dairy Ice-Cream Mix --

(i) means an unfrozen, homogenised and pasteurised product;

(ii) shall contain minimum 7% (m/m) butter fat, with the total fat content being solely from dairy origin;

(iii) shall contain at least 33% (m/m) total solids of which at least 20% must be milk solids non-fat; and

(iv) may contain other foodstuffs and food additives to the extent permissible under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act 54 of 1972).

(b) Dairy Ice-Cream --

(i) means frozen Dairy Ice-Cream Mix; and

(ii) shall not have an overrun of more than 130%.

(c) (i) Inclusions shall not be taken into account when determining the overrun, fat content and the total solids of the Dairy Ice-Cream Mix.

(ii) The provision of paragraph (b)(ii) is subject to a maximum deviation of 3%.

(2) Ice-Cream Mix and Ice-Cream:

(a) Ice-Cream Mix --

(ii) shall contain minimum 7% (m/m) vegetable fat or butter fat or a com- bination of both;

(b) Ice-Cream --

(i) means frozen Ice-Cream Mix; and

(ii) shall not have an overrun of more than 130%. DRAFT 4

(c) (i) Inclusions shall not be taken into account when determining the overrun, fat content and the total solids of the Ice-Cream Mix.

(ii) The provision of paragraph (b)(ii) is subject to a maximum deviation of 3%.

(3) Frozen Dessert Mix and Frozen Dessert:

(a) Frozen Dessert Mix --

(ii) shall contain less than 7% (m/m) vegetable fat or butter fat or a combi- nation of both; and

(iii) may contain other foodstuffs and food additives, to the extent permissible under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act 54 of 1972).

(b) Frozen Dessert --

(i) means frozen or semi-frozen Frozen Dessert Mix; and

(c) (i) Inclusions shall not be taken into account when determining the overrun, fat content and the total solids of the Frozen Dessert Mix.

(ii) The provision of paragraph (b)(ii) is subject to a maximum permissible deviation of 3%.

(4) Frozen Yoghurt Mix and Frozen Yoghurt:

(a) Frozen Yoghurt Mix --

(ii) shall contain minimum 7% (m/m) butter fat;

(b) Frozen Yoghurt --

(i) means frozen Frozen Yoghurt Mix; and

(c) (i) Inclusions shall not be taken into account when determining the overrun, fat content and the total solids of the Frozen Yoghurt Mix.

(ii) The provision of paragraph (b)(ii) is subject to a maximum permissible deviation of 3%. DRAFT 5

Requirements for containers and outer containers

5. (1) Containers for Dairy Ice-Cream, Ice-Cream, Frozen Dessert and Frozen Yoghurt shall --

(a) be intact, clean, suitable and strong enough for packing and normal handling of the product;

(b) not impart any undesirable taste or flavour to the contents thereof; and

(c) be closed properly in a manner permitted by the nature thereof.

(2) If containers containing Dairy Ice-Cream, Ice-Cream, Frozen Dessert or Frozen Yoghurt are packed in outer containers, such outer containers shall be clean, neat and intact.

Marking of containers, multipacks and outer containers

6. (1) Subject to the provisions of subregulation (4), the main panel of each container containing Dairy Ice-Cream, Ice-Cream, Frozen Dessert or Frozen Yoghurt shall be marked or labelled with the following particulars:

(a) The applicable class designation or alternative class designation as specified in column 1 and column 2 of Table 1: Provided that --

(i) a class designation or altered word sequence thereof may not constitute a misrepresentation or may not directly or by implication create a misleading impression regarding the quality, nature, origin or composition of the product concerned; and

(ii) if any word or expression (excluding a trade mark or brand name, or a word or expression which is not required in terms of these regulations or another Act) appears on a container, the vertical height of the letters and figures used to indicate the class designation of the product concerned shall be at least the same as that of the largest letter or figure in the word or expression concerned.

(b) The applicable additions to the class designations:

(i) If a flavourant has been added to Dairy Ice-Cream, Ice-Cream, Frozen Dessert or Frozen Yoghurt in order to render a distinctive flavour thereto, the applicable class designation for that Dairy Ice-Cream, Ice-Cream, Frozen Dessert or Frozen Yoghurt shall be preceded by the descriptive name for the distinctive flavour concerned and the expression "Flavoured" or "Gegeurde", or be followed by that descriptive name and the expression "Flavoured" or "Gegeur", with the exception of vanilla and chocolate and unless the flavourant concerned, in the case of whereby ingredients or inclusions have been added to a Dairy Ice-Cream, Ice- Cream, Frozen Dessert or Frozen Yoghurt only enhances the flavour of the ingredient or inclusion.

(ii) In the case of Ice-Cream or Frozen Dessert the expression "with vegetable fat", "with vegetable matter", or any other wording having a similar meaning, shall be indicated in close conjunction with the class designation in a letter size of at least 50% of the class designation but not smaller than 1 mm.

(2) Subject to the provisions of subregulation (4), a container containing Dairy Ice-Cream, Ice-Cream, Frozen Dessert or Frozen Yoghurt shall, either on the main panel or on any other conspicuous place thereon, be marked or labelled with the following particulars: DRAFT 6

(a) The name and physical address of the manufacturer, packer, importer or seller: Provided that in the case of imported products, the manufacturer or packer's name and physical address shall be included on the container.

(b) Country of origin in the case of an imported product which shall be declared on the label as follows:

(i) "Product of (name of country)" if all the main ingredients, excluding additives, in the product are from one specific country; or

(ii) "Produced in (name of country)", "Manufactured in (name of country)" or "Packed in (name of country)" where not all the main ingredients, excluding additives, in the product are from the country producing or packing the final product.

(c) The volume of the Dairy Ice-Cream, Ice-Cream, Frozen Dessert or Frozen Yoghurt packed therein as required in terms of the Trade Metrology Act, 1973 (Act No. 77 of 1973).

(3) (a) In the case of a multipack all prescribed marking requirements as set out for containers in regulations 6(1) and 6(2) must be indicated on the multipack.

(b) In the case of individual units contained by a multipack only regulations 6(1)(a) and 6(2)(a) are applicable.

(c) In the case of an outer container only regulations 6(1)(a) and 6(2)(a) are applicable.

(d) In the case of a soft serve mix, the container shall indicate the designation "Soft Serve Mix" as well as the class designation Dairy Ice-Cream, Ice-Cream or Frozen Dessert or alternative class designations and shall include the marking requirements as set out for that product.

(e) In the case of "Soft Serve" sold to a consumer in a single serve portion, the words "Soft Serve" as well as the appropriate class designation or alternative class designation shall be indicated on the soft serve machine.

(f) In the case of Dairy Ice-Cream, Ice-Cream, Frozen Dessert or Frozen Yoghurt sold to a consumer in single serve portions, the applicable class designation or alternative class designation shall be visible on the container or on the display freezer unit.

(4) The particulars referred to in subregulations (1), (2) and (3) shall be indicated in detached letters and figures --

(a) that are clearly legible;

(b) that appear on a contrasting background; and

(c) with a minimum letter or figure-size of 1 mm, except in the case of subregulation 3(e) and (f) where a minimum letter size of 30 mm is required.

Restricted particulars on containers

7. (1) No depiction of fruit or a particular ingredient may be depicted on a label in the case of a flavoured product.

(2) (a) No class designation other than the applicable class designation of a particular product shall be marked on a container thereof; and DRAFT 7

(b) No word or expression which so nearly resembles the class designation of a product that it could be misleading with regard to composition shall be marked on the container thereof.

(3) No word, mark, illustration, depiction or other method of expression that constitutes a misrepresentation or directly or by implication creates or may create a misleading impression regarding the quality, nature, class, origin or composition of a Dairy Ice-Cream, Ice-Cream, Frozen Dessert or Frozen Yoghurt shall be marked on a container of such product.

(4) No claim regarding the absence of any substance that does not normally occur in Dairy Ice-Cream, Ice-Cream, Frozen Dessert or Frozen Yoghurt shall be marked on the container thereof unless the claim is part of the ingredients list and complies with the specifications of the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972).

Sampling and Analysis of Dairy Ice-Cream, Ice-Cream, Frozen Dessert and Frozen Yoghurt

8. (1) An inspector may in any consignment of Dairy Ice-Cream, Ice-Cream, Frozen Dessert and Frozen Yoghurt open as many containers and inspect the contents thereof and remove samples of such contents for the purpose of further inspection or analysis, as he or she may deem necessary.

(2) An inspector shall satisfy himself or herself that the samples so extracted are representative of the product in the consignment concerned.

(3) Samples of Dairy Ice-Cream, Ice-Cream, Frozen Dessert and Frozen Yoghurt shall be prepared as follows for analysis of the fat and total solids content in the case of --

(a) Samples obtained from the trade:

(i) Take a working sample of 100 grams of aerated finished product (150 grams, if product has any inclusions).

(ii) Mix thoroughly with a spoon/spatula (avoid frothing).

(iii) Ensure that any product sticking to the sides and to the bottom of the container is incorporated, so that the sample is representative. If necessary, place the container in a water bath at 40°C. Stir continuously with a spatula then cool to 20-25°C. This step should be done quickly to prevent evaporation of the product (and thus altering the solids content).

(iv) Remove any added inclusions to acquire a smooth, unaerated mix.

(v) Prepare an analysis sample according to an approved test method as referred to in subregulation 4.

(b) Samples obtained from the factory:

(i) Take a working sample of 50 grams of unaerated mix (only flavoured mix with absence of any inclusions).

(ii) Mix thoroughly with a spoon/spatula (avoid frothing).

(iii) Prepare an analysis sample according to an approved test method as referred to in subregulation 4.

(4) Method of analysis:

(a) Any internationally recognised and approved method can be used.

(5) Determination of overrun:

(a) The following specific gravity values (SG) for Dairy Ice-Cream, Ice-Cream, Frozen Dessert or Frozen Yoghurt must be used when determining the overrun: DRAFT 8

OVERRUN TABLE - GUIDELINE Class Minimum mass per litre Specific Maximum Designation of aerated, frozen Gravity overrun (%) product Dairy Ice-Cream 478 gr/ltr 1.10 130% Ice-Cream 478 gr/ltr 1.10 130% Frozen Dessert 470 gr/ltr 1.08 130% Frozen Yoghurt 478 gr/ltr 1.10 130%

(b) The overrun of a Dairy Ice-Cream, Ice-Cream, Frozen Dessert or Frozen Yoghurt sample is determined as follows in the factory:

(i) Fill an overrun cup with aerated Dairy Ice-Cream, Ice-Cream, Frozen Dessert or Frozen Yoghurt.

(ii) The sample in the overrun cup is levelled off with the surface of the cup and the mass of the cup is determined by weighing it.

(iii) Use the specific gravity value (SG) for the applicable product as indicated in paragraph (a) and calculate the percentage air in the Dairy Ice- Cream, Ice-Cream, Frozen Dessert or Frozen Yoghurt by using the overrun table as supplied by the factory.

(c) The overrun of a Dairy Ice-Cream, Ice-Cream, Frozen Dessert or Frozen Yoghurt sample in the trade is determined as follows:

(i) Take a representative sample as found in the trade.

(ii) Remove all inclusions, if possible for example chocolate coating around smaller units of Dairy Ice-Cream, Ice-Cream, Frozen Dessert or Frozen Yoghurt.

(iii) The mass (M) is determined by weighing the sample after the mass of the container is subtracted.

(iv) The volume (V) is determined as follows:

(aa) In the case of tubs containing Dairy Ice-Cream, Ice-Cream, Frozen Dessert or Frozen Yoghurt, a mark is made on the container where the top surface of the product makes contact with the container. The product is then removed from the container and the container is rinsed with water to ensure that all traces of the product is removed. Using a measuring cylinder, water is added to the container till the water level reaches the mark made on the container. Note is taken of the volume of water added.

(bb) In the case of smaller units of Dairy Ice-Cream, Ice-Cream, Frozen Dessert or Frozen Yoghurt, the volume can be determined by the displacement of water. A known volume of water is placed into a measuring beaker. The sample is then submerged in the water and note is taken of how much water is displaced.

(v) The overrun is determined as follows:

(Specific gravity (SG) x Volume (V) x 100) % Overrun = - 100 Mass (M) DRAFT 9

(vi) In the case of whereby inclusions cannot be removed from the product to be tested, the overrun can be determined as for products without inclusions. If it is suspected that the overrun is more than 120%, the determination of overrun as specified in paragraph (b) must be applied.

Offences and penalties

9. Any person who contravenes or fails to comply with the provisions of the regulations shall be guilty of an offence and upon conviction be liable to a fine or to imprisonment in accordance with section 11 of the Act.

Other legislation

10. The provisions of these regulations shall be in addition to and not in substitution for regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972). DRAFT

TABLE 1

CLASSES OF AND STANDARDS FOR DAIRY ICE-CREAM MIX, ICE-CREAM MIX, FROZEN DESSERT MIX AND FROZEN YOGHURT MIX

Class designation Alternative class designation Fat content (m/m) Total solids (m/m) 1 2 3 4 Dairy Ice-Cream - Minimum 7% butter fat At least 33% of which at least 20% must be milk solids non-fat

Ice-Cream - Minimum 7% fat consisting of vegetable At least 33% of which at least 20% must fat with or without butter fat be milk solids non-fat

Frozen Dessert Frozen confection Less than 7% vegetable fat or butter fat Milk Ice Sherbet

Frozen Yoghurt - Minimum 7% butter fat At least 33% of which at least 20% must be milk solids non-fat

Updated: 29 June 2010/ansie Dairy Ice-Cream.reg