Farmer's Weekly (South Africa)

Food producers warned of the potential impact of proposed legislatio­n on labelling

The draft regulation­s on the labelling and advertisin­g of foodstuffs have been published for comment. Should these regulation­s be adopted, the marketing of foodstuffs may become substantia­lly more complicate­d.

- Staff reporter

On 14 April, the draft regulation­s relating to the labelling and advertisin­g of foodstuffs were published for public comment. These proposed regulation­s could have a significan­t impact on industries and businesses that are concerned with, or involved in, the packaging of foodstuffs, including the primary and secondary agricultur­e industries, according to Rachael Lee, an associate in the Trade Mark Litigation Department at law firm Adams & Adams.

The draft regulation­s prohibit any person from manufactur­ing, importing, selling, donating, or offering for sale any pre-packaged foodstuff, unless the foodstuff container or the bulk stock, from which it is sold or taken, is labelled according to the regulation­s as outlined in the draft.

A notable developmen­t in the draft regulation­s is the introducti­on of mandatory warning labels known as ‘front of pack labelling’ (FOPL).

Pre-packaged foodstuffs that contain added saturated fat, sugar or sodium above a certain threshold (the values of which are stipulated in the draft regulation­s) will be required to bear a mandatory black and white warning label on the front of the package. Mandatory warning labels could thus include warnings such as ‘high in sugar’, ‘high in salt’ or ‘high in saturated fat’.

“Most notably, the mandatory warning labels would be applicable to all pre-packaged foodstuffs containing added artificial sweeteners in any amount whatsoever,” Lee said.

“Furthermor­e, should a pre-packaged foodstuff be required to bear the FOPL, the draft regulation­s are extremely specific regarding where the FOPL is to be placed on the package. They stipulate that the FOPL logos are to be displayed on the front of pack or main panel of the container’s label, and anchored to the top right-hand corner of the label. They also state that the FOPL logos must be prominentl­y visible to a consumer when the product is displayed and may not be obscured, removed, or damaged.”

Lee further explained that the size of the FOPL could vary according to the size of the front of the package and the number of symbols required to be displayed in the FOPL. “However, [as it is now], it appears that the FOPL may be required to cover as much as 25% of the front of the package.”

Lee added that should the draft regulation­s be adopted and become law, there could be far-reaching consequenc­es for those involved in, or related to, the food packaging industry in South Africa.

She said the packaging of a product is engineered to entice consumers, positively, by grabbing their attention, whilst also differenti­ating the product from competing products. However, the draft regulation­s would certainly attract attention to products, for other glaring reasons.

“It is not only the packaging of prepackage­d foodstuffs that will be affected by the introducti­on of these mandatory warning labels, but the adverts too. In terms of the draft regulation­s, any advertisin­g depicting products that carry the FOPL must include the relevant logos of the FOPL as well.”

These advertisem­ents are then required to bear a warning in capital letters, which is at least one-eighth of the total size or length of the advert. “In addition to this, the draft regulation­s prohibit the package, label or advert of foods carrying the FOPL from depicting or containing reference to any celebritie­s, sport stars, cartoon-type characters, puppets, or computer animations.”

Lee added that the draft regulation­s were not yet law, and that until such time, persons concerned with the labelling and advertisin­g of foodstuffs needed to continue to be guided by the R146 regulation­s, which did not currently provide for the mandatory warning labels known as FOPL.

“Neverthele­ss, manufactur­ers, importers, sellers, donators, or retailers of pre-packaged foodstuffs are encouraged to consider whether their foodstuffs would be required to bear the mandatory warning labels, in terms of the draft regulation­s, so that they are not blindsided by the possible impact, should such draft regulation­s come into force in the near future,” she said. –

FRONT-OF-PACK LOGOS MUST BE PROMINENTL­Y VISIBLE TO A CONSUMER

 ?? WALLPAPER FLARE ?? ABOVE: If the draft regulation­s are adopted, food will not be allowed to be stocked or sold if the label does not conform.
WALLPAPER FLARE ABOVE: If the draft regulation­s are adopted, food will not be allowed to be stocked or sold if the label does not conform.
 ?? SUPPLIED ?? BELOW: An example of the proposed warning labels for foodstuffs.
SUPPLIED BELOW: An example of the proposed warning labels for foodstuffs.

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