Cheese Analogues Or Imitation Cheese

The Dairy Standard Agency is an independent, expert and objective body funded by Milk SA. The vision of the Dairy Standard Agency is to promote the maintenance and improvement of the quality and safety of dairy products in the interest of the dairy industry and the consumer.

CHEESE ANALOGUES OR IMITATION CHEESE

Cheese analogues or imitation cheese are products used as replacements for cheese. These include vegetarian substitutes as well as some dairy products and may even include types of processed cheese that do not qualify as true cheeses. (Processed cheese is normally made from normal cheese and sometimes other unfermented ingredients, plus emulsifiers, extra salt, food colourings, flavourings and whey).

Cheese analogues are normally intended as replacements to cheese with vegetarian products; or as imitations, as in the case of products used for salad bars and pizza making, which are generally intended to resemble real cheese.

Cheese analogues have properties such as different melting points or lower costs that make them attractive to business. In South Africa variants of these imitation dairy products include analogue mozzarella cheese, Danish style feta, halloumi, cheddar, and processed cheese. Mostly these imitation dairy products contain hydrogenated vegetable fat and the only dairy components are rennet casein and milk powders.

THE REGULATORY ENVIRONMENT AND MISLEADING CLAIMS

R 2581 of 20 November 1987: Regulations relating to dairy products and imitation dairy products, Agricultural Product Standards Act, 1990 (Act 119 of 1990 )

Cheese as defined in accordance with the above regulation, is a primary dairy product that has the characteristic flavour and body of cheese of the designation concerned. It has to be free from any substance that does not naturally form part of milk, with the exception of substances approved by the Foodstuffs and Cosmetics and Disinifectant Act of 1972 and its regulations.

The definition for an “imitation dairy product” in terms of the above regulations entails “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 correspond to a dairy product.”

When referring to the classes of imitation dairy products according to Table 7 of the said regulations, it becomes clear that no provision is made in the table for an imitation cheese. In the new draft regulations this matter is currently being reviewed and addressed under the class designation “imitation cheese”.

Restricted particulars on containers are misleading in terms of sub regulation 22 (3)(a) of R2581, which reads as follows:

“No word, mark, illustration depiction or other method of expression that constitutes a misrepresentation or directly or by implication creates or may create misleading impression regarding the quality, natural, class, origin, or composition of a dairy product or imitation dairy product shall be marked on a container of such product”.

R 146 of 1 March 2010 Regulations relating to the labelling and advertising of foodstuffs, Foodstuffs Cosmetics and Disinfectants Act of 1972 ( Act 54 of 1972 )

With reference to representation on labels, regulation 34 reads as follows: “The pictorial representation on the label or any advertisement of a foodstuff may not be presented in a manner that is false, misleading or deceptive or is likely to

1 create erroneous impression regarding the contents of the container or its character, origin, composition, quality, nutritive value, nature or other properties in any respect”.

Consumer Protection Act, 2008 (Act 68 of 2008)

Regulation 24 (2) (a) of the Act stipulates that “a person must not knowingly apply to any goods a trade description that is likely to mislead the consumer as to any matter implied or expressed in that trade description.

Regulation 29 (b), in turn, reads as follows: “A producer, importer distributor, retailer or service provider must not market any goods or services in a manner that is misleading, fraudulent, or deceptive in any way including in respect of the nature, properties, advantages or uses of the goods or services”.

From the above legislation it is clear that adequate provision is made in the respective laws to govern the misrepresentation of any foodstuff – in this case with specific reference to cheese.

ACTIONS THAT COULD BE TAKEN AGAINST MISLEADING PRACTISES DEPENDS ON THE NATURE THEREOF

The mandate of the Department of Health is to deal with claims (nutrition and health), all regulatory nutrition aspects and food safety issues. The powers to enforce the law are devolved to the various environmental health practitioners (EHPs) within the provincial and municipal health structures.

On the other hand it is the mandate of the Department of Agriculture, Forestry and Fisheries’ Directorate: Inspection Services, to enforce the compositional standards. In this respect, the regional technicians of the Directorate are responsible for control.

The Consumer Protection Act makes provision for an enforcement and dispute resolution. The Act empowers consumers by setting out and offering complaint options. A person, who believes that his /her rights have been violated, can pursue the matter in accordance with these options. One such option is to file a complaint with the Commission. In this case the complainant could be anyone ranging from a person acting on his own behalf, to an association acting in the interest of its members.

Although the sale of analogue or imitation cheese is found predominantly in the hospitality industry, recent evidence has been found of similar misrepresented products on the retail shelves. Evidently all these products are destined for the consumer’s plate. Besides the questionable quality these products, it also has a very negative impact on the dairy industry in terms of increasing markets for milk and other dairy products, as well as improving the competitiveness of the South African industry in order to compete internationally.

The Dairy Standard Agency, through its project activities, has established sound relationships with the various institutions responsible for enforcing legal and voluntary dairy related standards. This is of great importance, as collaboration between the public and private sector is key in an environment where resources are very limited. The DSA hereby acknowledges the work that has already been done by the Directorate: Inspection Services of DAFF in effort to curb the manufacture and sale of misrepresented imitation dairy products.

Depending on the primary reason for a complaint, one or more of the above institutional bodies may be involved and can be contacted. Alternatively the Dairy Standard Agency, which is a representative body of the organised dairy industry in respect of dairy standards and regulations, can be contacted for more information or to submit information regarding any misleading marketing practices in the dairy discipline.

J. Burger General Manager

Dairy Standard Agency