Some tips to ensure your legal register is up to date in 2021

It is a good thing to start the year confirming you have the latest legislation on file. Bear in mind that all food safety management system standard make you responsible for ensuring legal compliance for your facility and your product. By having an FSSC 22000 certificate does not automatically mean that you are legally compliant with South African legislation or the legislation of the country of destination of your product.

 

In order to stay up to date, you should be checking the relevant government department websites. You can access these here:

https://www.foodfocus.co.za/home//Legislation/Articles/Road-map-to-legislation-affecting-the-food-industry-in-South-Africa

We were asked to confirm the status of some key legislation so we thought we would share this with you too:

 

Meat Safety Act, R40 of 2000

This Act has not been amended.

https://www.foodfocus.co.za/assets/documents/Meat%20Safety%20Act%2040%20of%202000.pdf

https://www.dalrrd.gov.za/Branches/Agricultural-Production-Health-Food-Safety/Animal-Health/importexport/legislation/animalid 

 

Extension of comments (30 April 2020)

https://www.daff.gov.za/docs/media/Clarificatory%20notice%20-%20Amendment%20to%20Schedule%201%20-%20Meat%20Safety%20Act%20-%2030%20April%202020.pdf

 

Please note that there are regulations relating to this Act which you should implement too:

https://www.foodfocus.co.za/assets/documents/Red%20Meat%20Regulations%20-%202005.pdf

 

Microbiological standards for foodstuffs

R692 has been amended a few times and there is still a proposed amendment in draft.

https://www.foodfocus.co.za/assets/documents/Regulations%20-%20Governing%20Microbiological%20standards%20R692%20of%201997%20updated.pdf

 

The latest update was - Regulations Governing Standards For Foodstuffs And Related Matters R1207: Amendment

https://www.foodfocus.co.za/home/Legislation/Food-Safety/Regulations-Governing-Microbiological-Standards-For-Foodstuffs-And-Related-Matters-R1207-Amendment

 

 

Veterinary residues that may be present in food

The main regulation R1809 of 1992 has been amended several times.

https://www.foodfocus.co.za/assets/documents/Regulations%20-%20Governing%20the%20Maximum%20Limits%20for%20Veterinary%20Medicines%20and%20Stock%20Remedy%20Residues%20R1387_1999.pdf

There are two important updates you should take note of:

  • 10 March 2006 (No 215)
    Regulations Governing the Maximum Limits for Veterinary Medicine and Stock Remedy Residues that may be Present in Foodstuffs

https://www.foodfocus.co.za/assets/documents/Amendment%202006.pdf

  • And the latest one: 25 August 2017 (No 860)

https://www.foodfocus.co.za/assets/documents/regulations%20veterinary%20substances%20amendment%2025%20august%202017.pdf

 

Regulations Relating to the Use of Sweeteners in Foodstuffs, R733 of

10 September 2012 is still the latest version

https://www.foodfocus.co.za/home/Legislation/Food-Safety/Regulations-Relating-To-The-Use-Of-Sweeteners-In-Foodstuffs

https://www.foodfocus.co.za/assets/documents/Sweeters%20list.pdf

 

 

If you are still looking for this regulation “Regulations Relating To Baking Powder And Chemical Leavening Substances

R2486

Amended 25 Jan 1991

Regulations Relating To Baking Powder And Chemical Leavening Substances

https://www.foodfocus.co.za/assets/documents/Regulations%20-%20Relating%20to%20Baking%20Powder%20and%20Chemical%20Leavening%20Substances%20-%20R%202486%20of%201990.pdf

Please note that it was REPEALED by R 1425 of 17 NOVEMBER 2016

https://www.foodfocus.co.za/assets/documents/Regulations%20relating%20to%20mischellaneous%20additives%20in%20food.pdf

 

R1316

5 April 2019 (repealed)

The Regulations Relating To Edible Fats And Oils has been repealed as of 5 April 2019 and currently, no replacement is provided.

https://www.foodfocus.co.za/home/Legislation/Food-Safety/Regulations-Relating-To-Edible-Fats-And-Oils

https://www.foodfocus.co.za/assets/documents/Regulations%20relating%20to%20edible%20oils%20and%20fats%20repealed%2042380gon5431.pdf

 

R1008 of September 1996  Regulations Relating to Food Colourants was last amended in 1999.

Regulations Relating to Food Colourants

https://www.foodfocus.co.za/assets/documents/Regulations_Relating_to_Food_Colourants_R1008_of_1996.pdf

 

 

Regulations Relating To Jam, Conserve, Marmelade And Jelly 

R2627 of 1986

https://www.foodfocus.co.za/assets/documents/Regulations%20-%20Relating%20to%20Jam,%20Conserve,%20Marmelade%20and%20Jam%20-%20R%202627%20of%201986.pdf was repealed by R 1425 of 2016

https://www.foodfocus.co.za/assets/documents/Regulations%20relating%20to%20mischellaneous%20additives%20in%20food.pdf

 

There are quality regulations issued by DALRRD for grade of jams which you can find here:

https://www.foodfocus.co.za/home/Legislation/Quality/R81-Regulations-related-to-the-grading-packing-and-marking-of-jam-jelly-and-marmalade-intended-for-sale-in-the-Republic-of-South-Africa 


Regulations Relating To The Classification, Packing, And Marking Of Dairy Products And Imitation Dairy Products

R26o has been amended many times. The latest change was last year.

R1510 - 22 November 2019

Regulations Relating To The Classification, Packing And Marking Of Dairy Products And Imitation Dairy Products

The Minister of Agriculture, Land Reform, and Rural Development has under section 15 of the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990) –

(a) made the regulations in this Schedule;

(b) repealed the regulations published by the following Government Notices:

(i) R. 2580 of 20 November 1987.

(ii) R. 2581 of 20 November 1987.

(iii) R. 1059 of 3 June 1988.

(iv) R. 1060 of 3 June 1988.

(v) R. 2141 of 6 October 1989.

(vi) R. 1465 of 26 August 1994.

(vii) R. 260 of 27 March 2015; and

(c) determined that the said regulations shall come into operation 9 months after date of publication thereof

https://www.foodfocus.co.za/home/Legislation/Food-Safety/Dairy-Products-and-Imitation-Dairy-Products-Regulations-R1510-of-22-November-2019

 

Caution: You need to make sure you check on updated legislation frequently as ignorance of the law is NO excuse.