This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  13
Government  notices  • G oewermentskennisGewinGs
DEPARTMENT OF HEALTH
NO.  R. 3287 14 April 2023 
 
 
 
 
DEPA RTMENT OF HEALTH  
 
No. R            2023 
 
FOODSTUFFS , COSMETICS AND DISINFECTANTS ACT, 1972  
(ACT No.54 OF 1972)  
 
REGULATIONS RELATING TO THE LABELLING AND ADVERTISING OF  
FOODSTUFFS   
 
The Minister of Health has, under section 15 (1) of the Foodstuff s, Cosmetics and 
Disinfectants Act, 1972 (Act  No.54 of 1972), published for public comment the regulations 
set out in the Schedule hereto.   
 
Interested persons are invited to submit any substantiated comments or representations 
on the proposed regulations, to the Director - General of Health, Private Bag X828, 
Pretoria, 0001 (for the attention of the Director: Food Control), by email to 
foodcontrol@health.gov.za   within three months of the date of publication of this Notice . 
 
     
________________________  
DR M.J. PHAA HLA, MP 
MINISTER OF HEALTH  
DATE  
 
 
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SCHEDULE  
TABLE OF CONTENTS  
 
Regulation number   
Heading  
1 Definitions  
PART I: GENERAL PROVISIONS  
2 General  
3 Presentation  
4 Letter sizes  
5 Identification  
6 Country of origin  
7 Batch identification  
8 Date marking  
9 Prohibited statements  
10 Negative claims  
PART II: SPECIAL PROVISIONS  
11 Seasonal ingredients  
12 Order of list of ingredients  
13 Variable proportions  
14 Ingredients shown in any order  
15 Naming of ingredients and other related matters  
16 Natural colouring foods  
17 Indication of the type of meat species  
18 Raw-processed meat  
19 Quantitative Ingredient Declarations  
20 Compound ingredients  
21 Added water  
22 Added caffeine and alcohol -containing foodstuff  
23 Fats and oils  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  15
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 24 Bulk stock  
25 Small packages  
26 Storage instructions  
27 Foodstuffs vending machines  
28 Pictorial representation  
29 Labelling of pre -packed food additives  
30 General labelling requirements regarding food 
additives  
31 Flavourings  
32 Tartrazine  
33 Preservatives  
34 Antioxidants  as additives  
35 Artificial sweeteners (food additives)  
36 Modified starches,  Processing aids and carry -over 
of additives  
37 Allergens  
38 Uncommon allergens  
39 Allergen cross contamination  
40 Allergen -related claims regarding gluten -free and 
naturally gluten -free foodstuff  
41 Allergen -related claims regarding hypoallergenic, 
non- allergenic or allergen -free foodstuff  
42 Misleading descriptions  
43 Irradiation  
44 Statements related to frozen foodstuffs  
45 Vegetarian claims  
46 
Table 1:  Nutritional information facts  
Foodstuffs that are exempted from the mandatory 
requirement to bear nutritional information/facts This gazette is also available free online at www.gpwonline.co.za16  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
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 unless a claim with a nutrition or health message is 
made  
47 Additional requirements relating to nutritional 
information table  
PART III: GENERAL INFORMATION ON FRONT OF PACKAGE LABELS, 
HEALTH AND NUTRITIONAL CLAIMS  
48 General information  and conditions  
49 Enrichment of foodstuffs  
50 Nutrient Profiling Model for South Africa for the 
purpose of screening foodstuffs for their eligibility 
to make any claim with a nutrition or health message  
51 Profiling Model for Foodstuffs for South Africa for 
the purpose of FOPL logos on labels of foodstuffs 
that may not be  marketed  or advertised to children   
52  Marketing restrictions for foodstuffs that may not 
be advertised to children  
53 Use of the South African Foodstuffs Based Dietary 
Guidelines  
54  Claims on packaged water  
55  Foodstuffs containing added purified, crystalline 
fructose (C 6H12O6), or added non- nutritive 
sweeteners  
56 Fake foodstuffs  
57  Cosmetic claims  
58 Claims represented through pictures  
PART IV: NUTRITION CLAIMS  
59 Energy, nutrient, and other content -related claims  
60 Dietary fibre content claims  
61  Protein content claims  
62 Fatty acid content claims  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  17
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 63 Omega -3 fatty acid content claims  
64 Content claim for antioxidants as nutrients  
65 
 Table 2: Ingredient content claims  
Conditions for content claims, Part s A, B and C 
66 Comparative claims  
67  
Table 3:  Glycaemic  Index (GI) Category and Glycaemic Load 
(GL) nutritional information claim s 
Conditions for GI category for the purpose of GI or 
GL claims  
PART V: HEALTH CLAIMS  
68  
Table 4:  Function claims  
Approved function claims  
69  
Table 5:  Reduction of disease risk claims  
Reduction of disease risk claims  
70  
Table 6:  
Table 7:  
Table 8:  Health claims related to the “wholegrain” concept  
“100% wholegrain” health claim  
“Recombined wholegrain” health claim  
“Partially wholegrain” health claim  
71  
Table 9:  Health claims for oral health  
Approved health claims for oral health  
72 
 
Table 10:  Claims for energy -restricted foodstuffs for weight 
reduction/slimming/weight loss  
Formulated meal replacement for energy -restricted 
diets for weight reduction  control  
73 Detoxification  
PART VI: EXEMPTIONS, REPEAL , COMMENCEMENT  AND SHORT TITLE  
74 Exemptions  
75 Repeal  
76 Withdrawal  
77 Commencement  This gazette is also available free online at www.gpwonline.co.za18  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
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 78 Short title  
Annexure number  Title of Annexure  
Annexure 1  Categories of food additives that may be identified 
by their principal functional category name in a list 
of ingredients  
Annexure 2  
 
Table 11:  
Table 12:  Prescribed mandatory nutritional information /facts  
declaration format and conversion factors  
Estimated glycaemic carbohydrate content of 
various polyols  
Factors for converting total nitrogen to protein  
Annexure 3  Nutrient Reference Values (NRVs) for the purpose of 
foodstuffs labelling and list of energy conversion 
factors  
Annexure 4  Evaluation of protein quality for the purpose of 
when a protein claim is made  
Annexure 5  Letter sizes: definition of x -height  
Annexure 6  Major dietary carbohydrates  
Annexure 7  Culinary Herbs and Spices  for ordinary use in food 
preparations  
Annexure 8  South African Nutrient Profiling Model : Screening 
criteria  for health and nutrition claims  
Annexure 9  Illustrative list of foods that need only a “date of 
manufacture” or a “date of packaging”, as 
appropriate  
Annexure 10  Front of Pack Nutrition Labelling ( FOPL ) logo s  
 
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7 
 
 
 Definitions  
 
1. In these regulations, any expression to which a meaning has been assigned 
in the Act bear s such meaning unless the context indicates otherwise — 
 
“address ” means a physical address and includes the street or road number and name , 
the name of the town, village or suburb and, in the case of a farm, the name or number 
of the farm and of the magisterial district in which it is situated,  and, in the case of imported 
foodstuffs , the name and address as provided for in the Codex Alimentarius 
Commission’s document entitled: General Standard for the Labelling of Pre -packaged 
Foodstuffs , CODEX STAN 1 -1985 ; 
 
“additive” means a substance not normally consumed as a food by itself and n ot 
normally used as a typical ingredient of the food, whether or not it has nutritive value, but 
which  is intentionally added,  for a technological (including organoleptic) purpose, to food 
in its manufacture, processing, preparation, treatment, packing, packaging, transport or 
storage , which addition  causes , or may be reasonably expected to cause , (directly or 
indirectly) that the additive  or its byproducts becomes a component of such foods , but 
does not include contaminants, or substances added to food for maintaining or improving 
nutritional qualities, sodium chloride  or procession aids ;  
 
“Agricultural Product Standards Act”  means the Agricultural Product Standards Act, 
1990 (Act No.  119 of 1990);  
 
“allergen”  in relation to food  means a substance that causes an allergic or other adverse 
immune response;  
 
“allergen cross -contamination ” means  the presence of one or more  common allergen 
within a foodstuff , though not intentionally added to the foodstuff , as a result of the 
cultivation, production, manufacturing, processing, preparation, treatment, packing, This gazette is also available free online at www.gpwonline.co.za20  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
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 packaging, transport,  or storage of such foodstuff  or as a result of environmental 
contamination;  
 
“allergen control program me (“ACP ”)” means a program me for the identification and 
management  of ingredients which are allergens or contain allergens and for the 
prevention of allergen cross -contamination at every stage of the manufacturing process , 
from harvesting through  to packaging and retailing;  
 
"Annexure"  means an annexure to these regulations;  
 
“artificial sweetener” for the purpose of these regulations means food additives that 
impart a sweet taste to a food, including artificial , non-nutritive intense sweeteners; steviol 
glycosides ; and providing lower energy  sweeteners such as polyols , but excluding  mono - 
and disacc harides from any food ingredient ; 
 
“batch”  means a group or set of identifiable products obtained from a given process 
under practically identical circumstances and produced in a given place within a defined 
production period as defined by the food business operator ; 
 
“beer”  means a product of alcoholic fe rmentation of wort prepared from starch and sugar 
containing raw materials with or without the addition of potable water, flavoured with hops 
or hop products, produced in such a manner that at least 35 per cent of the fermentable 
extract of the wort is der ived from malted barley or malted wheat ; 
 
“Best Quality Before Date” means the date which signifies the end of the period, under 
any stated storage conditions, during which the unopened product will remain fully 
marketable and will retain any specific qualities for which implied or express claims have 
been made.  However, beyond the date the food may still be acceptable for consumption 
and “Best Before Date” has the same meaning;  
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 “bran” in relation to wholegrains means the fraction generally d escribed as bran i n intact 
(unmilled) grains which includes the pericarp -seed coat (mainly insoluble fibre (NSP)) and 
the aleurone layer which consists of cells containing protein, fats, micronutrients,  and 
some fibre;  
 
“brine” means a solution of sodium chloride in water w here the strength of the solution 
may vary depend ing on its use in the end product ; 
 
“bulk stock”  means —  
(a) a container that is used to display several individual units suitable for sale by itself  
at retail or wholesale;  or 
(b) multiple individual units, which are pre -packed or wrapped for the purpose of bulk 
sales o f foodstuffs  at wholesale; or 
(c) foodstuffs , ingredients,  or additives which are imported , without labels,  or sold in 
large quantities to other foodstuff  manufacturers or catering establishments;  
 
“carbohydrate ” for the purpose of nutritional information labelling means-  
(a) where no claim with a health or nutrition message is made , carbohydrate 
calculat ed by difference, using the formula: carbohydrate = 100 g - [moisture (g) + 
protein (g) + fat (g) + oligosachharides  (mg), + dietary fibre (g) , + alcohol (g ), + ash 
(g), + non-glycemic polyols (g) specified in  point 3 of Annexure 2 ]; or 
(b) where a claim related to any component of carbohydrates according to the 
classification in Annexure 6 is made, the sum of all the analytical values of all the 
following glycaemic carbohydrates : sugars , glycaemic polyols specified in point 2 
of Annexure 2 , oligosaccharides , isoma ltulose and starch ; 
 
“catering establishment”  means an establishment , including a vehicle or a fixed or 
mobile stand  where, in the course of business,  ready -to-consume  foodstuffs  are prepared 
for direct sale to the consumer for consumption;  
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 “cereal”  means a product derived from the grain or edible seed of any cultivated grasses 
of the family Poaceae , which may be used as a foodstuff , such as , but not limited to  
wheat, rice, oats,  barley, rye, maize, millet;  
 
“children ” for the purpose of foods that may not be marketed or advertised to children 
and the Front -of-pack -labelling logos, are all children 18 years and under ;  
 
“chilled” means stored at an appropriate temperature ranging from 0°C to 7°C for a 
specific product type, but specifically means a maximum core temperature of 4°C for raw 
unpreserved fish, molluscs, crustaceans, edible offal, poultry meat and milk, and  for any 
other  perishable foodstuffs  that must be kept chilled to prevent spoilage, a maximum 
temperature of 7°C , and “refrigerated”  has the same meaning ; 
 
“chocolate confectionery” means any foodstuff that is meant to be consumed as a 
sweet snack and which contains chocolate only as described in the Codex Alimentarius 
or chocolate plus other ingredients;  
 
“claim”  in relation to a foodstuff , means any written, pictorial, visual, descriptive,  or verbal 
statement, communication, representation,  or reference brought to the attention of the 
public in any manner including a tradename or brand name and referring to the 
characteristics of a product, in particular to its nature, identity, nutritional  properties, 
composition, quality, durability, origin or method of manufacture , production,  or storage ; 
 
“Codex” means the latest adopted version of the relevant text of the Codex Alimentarius  
Commission  of the Joint F ood and Agricultural Organisation (FAO)  / World Health 
Organisation ( WHO ) Foodstuffs  Standards Programme; 
 
“cold extraction ” means, with regard to  edible vegetable fat and oil manufacturing, oil 
obtained by mechanical procedures  or cold pressed ,  
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 “colourant”  means any substance described as such in Regulations Relating to 
Colourants , R.1008 of 21 June 1996  under the Act; 
 
“common allergen ” means egg, cow’s  milk, crustaceans , molluscs, fish, peanuts, 
soybeans, tree nuts and any significant cereals  as well as ingredients derived from these 
foodstuffs,  and which have  retained their allergenicity in the final end product  and includes  
sulphites ; 
 
“comparative claim” means a claim that compares certain  nutrient level s or energy 
value s of two or more similar foodstuffs ; 
 
“complementary medicine”  has the meaning assigned to it  in regulation 1 of the 
General Regulations published in Government Notice R510 of 10 April 2003 and made in 
terms of the Medicines and Related Substances Amendment Act, 1965 (Act No. 14 of 
2016);  
 
“Compulsory Specifications Act”  means the National Regulator for Compulsory 
Specifications Act, 2008 ( Act No.5 of 2008);  
 
“container” means any packaging  of foodstuffs  for sale at retail level or for catering 
purposes for delivery as a single item or for free sample  hand -out purposes , which either  
complete ly or partia lly enclos e the foodstuff s, and includes wrappers  or shrink -wrap  for 
individual and multiple -unit-packs;  
 
“dairy product” means a primary dairy product, a composite dairy product or a modified 
dairy product as defined in the Regulations  on Dairy Products and Imitation Dairy 
Products;  R. 1510 of 22 November 2019  made under  the Agricultural Product Standard s 
Act; 
 
“date of manufactur e” means the date on which the foodstuff  becomes the end product 
as described  and is not an indication of either the quality or the safety of the product;  This gazette is also available free online at www.gpwonline.co.za24  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
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“date of packaging ” means the date on which the food is placed in the immediate 
container in which it will be ultimately sold and is not an indication of either the quality or 
the safety of the product;  
 
“dehulled  or dehusked ” means cleaned grains from which the inedible parts have been 
removed;  
 
“dietary fibre” means edible intrinsic non -starch plant cell wall polysaccharides  with ten 
or more monomeric units from fru its, vegetables,  and wholegrains , which are not 
hydrolysed by the endogenous enzymes in the small intestine of humans and belong to 
the following categories:  
(a) Edible carbohydrate polymers naturally occurring in foodstuffs as consumed;  
(b) edible carbohydrate polymer s, which have been obtained from foodstuffs raw 
material by physical, enzymatic,  or chemical means and which have been shown 
to be beneficial  to health by generally accepted scientific evidence provided to 
competent authorities ; or 
(c) benefits to health as NS P from fruits, vegetables,  and wholegrains;  
 
“endorse”  means to indicate  approval of a particular foodstuff  with the permission of an 
endorsing body through the endorsing body’s specific logo , picture,  or text ; 
 
“end product” means a final product that will undergo no further processing or 
transformation by a ny food business operator  before being sold ; 
 
“energy intake”  means the ingestion, orally or otherwise  (such as enteral ) of energy -
providing substances or ingredients ; 
 
“enrichment” means the voluntary addition by a manufacturer , of one or more nutrients  
to a processed  or manufactured foodstuff  that pass es the Nutrient Profiling Model , with 
the sole purpose of adding nutritional value to the foodstuff  but does not mean  fortification ; This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  25
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“fake food” means a foodstuff or beverage which consist mainly of a mixture of food 
additives not ordinarily consumed on its own in the same form as the ingoing additive in 
the formulation/ recipe , and/or ingredients such as water and/or salt and/or the flavouring 
or extract of a real ingredient but not the ingredient itself, and contains no or no significant 
amount of energy, protein, carbohydrates,  or fat; 
 
“flavouring”  means a compound additive which  enhance s the flavour of foodstuff,  and 
which is not normally consumed as a foodstuff by itself, which is added intentionally to a 
foodstuff for organoleptic purposes, but excludes  substances that have an exclusiv ely 
sweet, sour, or salty taste ; 
 
“flavour enhancer”  means an additive  with the exclusive technological function of 
enhancing, intensifying,  or supplementing the existing taste or odour of a foodstuff ; 
 
“flour confectionery”  means any cooked foodstuff  ready for consumption without further 
preparation (other than reheating) and intended to be consumed within 24 hours of 
manufacture,  having as its characteristic ingredients ground cereal and sweeteners or 
other ingredients , but exclude s dry biscuits ; 
 
“food business operator”  means a foodstuff  manufacturer, seller,  or importer;  
 
fortification”  means  the addition of one or more micronutrients by means of a prescribed 
fortification mix to a foodstuff  vehicle  whether or not  it is normally contained in a foodstuff  
vehicle  for the purpose of preventing or correcting a demonstrated deficiency of one or 
more nutrients in the general population or specific population group of South Africa as 
contained in the Regulations Relating to the Fortification of Certain Foodstuffs, R504 of 7 
April 2003;  
 
“front -of-pack” means that principal display  panel on the packaging of a foodstuff that 
bears the brand name or trade name and product name or  product descriptor  in greatest This gazette is also available free online at www.gpwonline.co.za26  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
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 prominence that enables the consumer to immediately identify a product in terms of its 
character or nature ; 
 
“Front -of-Pack -Labelling (F OPL)” means  the labelling system outlined in regulation 51  
and Annexure 10  and comprises a system of logos presented on the principle display 
panel  on the packaging of a foodstuff and beverage s (in the principal field of vision and 
an underpinning profiling model relating to nutrients of concern for NCDs; and  present 
simple, often graphic information on the nutrient content of nutritional quality of products, 
to complement the more detailed nutr ient declarations usually provided on the back of 
food packages ; 
 
“frozen” means stored at any appropriate temperature equal to or colder than 0°C which 
will maintain and preserve the inherent quality of  a specific product in a hard, frozen state 
and inclu des frozen foodstuffs  for which special temperature requirements are provided  
for in the relevant regulations made under the Agricultural Product Standards Act, the 
Compulsory Specifications Act and any other Regulations promulgated under the Act;  
 
“fruit drink ” means a fruit drink as defined in the Regulations for Fruit Juices, R. 286 of 
7 November 1980  and subsequent amendments and revisions under  the Agricultural 
Product Standards Act;  
 
“fruit juice”  means fruit juice as defined in the Regulations for Fruit Juices, R. 286 of 7 
November 1980 and subsequent amendments and revisions under the Agricultural 
Product Standards Act ; 
 
“fruit nectar”  means fruit nectar as defined in the Regulations for Fruit Juices, R. 286 of 
7 November 1980 and subsequent amendments and revisions  unde r the Agricultural 
Product Standards Act ; 
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 “glute n” means the main protein that occurs naturally in significant cereals such as 
wheat, rye, oats, barley, triticale and spelt relevant to the medical conditions , namely  
coeliac disease,  and dermatitis herpetiformis;  
 
“GI” means the Glycaemic Index which is  a measure of the blood glucose responses of 
glycaemic carbohydrates in a given foodstuff  as determined according to the latest edition 
of ISO 26642  standard;  
 
“GL”  means Glycaemic Load which is  a numerical expression of how much impact a 
specific carbohydrate foodstuff  serving will have in affecting blood glucose levels and 
which is calculated according to the formula:  
GL = Carbohydrate content (in grams) per serving x GI ; 
100 
 
“Good Manufacturing Practice” means a combination of manufacturing, quality control 
and hygiene procedures aimed at ensuring that foodstuff s are consistently manufactured 
to their specifications;  
 
“guideline”  means guidance documents which are intended to provide detailed  
information, clarity,  and examples to enhance the interpretation of  these Regulations  as 
published on the website of the Department of Health ; 
 
“grain”  for the purpose of these Regulations specifically  in relation to wholegrain s, 
means any species belonging to the following genus/species : 
(a) Wheat (genus Triticum) , including varieties such as kamut ( khorasan wheat)   
           and spelt;  
(b) rye (Secale cereal) ; 
(c) barley (Hordeum sativum or Hordeum vulgare) ; 
(d) sorghum (Sorghum vulgare); 
(e) oats (Avena sativa or any other species belonging to the genus Avena) ; This gazette is also available free online at www.gpwonline.co.za28  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
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 (f) crossbred hybrids of wheat, rye or barley (e.g., triticale, which is a cross between 
wheat and rye);  
(g) millet (Pennisetum American); 
(h) maize (Zea mays);  
(i) the amaranth  species Amaranthus caudatus, Amaranthus cruentus, and 
Amaranthus hypochondriacus ; 
(j) buckwheat (Fagopyrum esculentum);  
(k) quinoa (Chenopodium quinoa);  
(l) wild rice (Oryza sativa or any other species belonging to the genus Zizania).  
 
“health claim ” means  an effect on the human body, including an effect on one or more 
of the following :  
(a) A biochemical process or outcome;  
(b) a physiological process or outcome;  
(c) a functional process or outcome;  
(d) growth and development;  
(e) mental performance;  
(f) a disease, disorder or condition ; and 
(g) oral hygiene ; 
 
“honey”  has the meaning assigned to it  in the Regulations Relating to the Grading, 
Packing, and Marking of Honey and Mixtures of Bee Products intended for Sale in the 
Republic of South Africa and subsequent amendments and revisions  under  the 
Agricultural Product Standards Act ; 
 
“ingredient” for the purpose of the list of ingredients on the label of compound foodstuffs , 
means any substance, including any foodstuffs  additive, which is used in the manufacture 
or preparation of foodstuffs,  and which is present in or on the final end product, although 
possibly in a modified form  but excludes processing aids ; 
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 “ingredient content claim” means a claim that describes the level of the following 
ingredients in the end product: added sugar, added salt, antioxidant, prebiotic, polyol, 
reconstituted wholegrain /(name of specific wholegrain ) and partially wholegrain /(name of 
specific wholegrain ); 
 
“irradiation” means deliberate exposure to ionising radiation;  
 
“label” means any permanent tag, brand, mark,  sticker, pictorial, graphic or other 
descriptive matter, which is written, printed, stencilled, marked, embossed, impressed 
upon, or permanently attached to a container of a foodstuff , and includes labelling for the 
purpose of promoting its sale or dispos al; 
 
“Liquor Products Act”  means the  Liquor Products Act , 1989  (Act No. 608 of 1989 ) and 
includes the Regulations made thereunder;  
 
“main ingredient”  means the ingredient in a foodstuff  which contribut es the highest 
percentage mass in the end  product , excluding water ; 
 
“main panel”  means that part of the label that bears the  brand name  or trade name and 
product name  or product descriptor  in greatest prominence  that enables the consumer to 
immediately identify a product in terms of its character or nature;  
 
“Meat Safety Act”  means the Meat Safety Act, 2000 (Act No.  40 of 2000);  
 
“milk”  means cow’s  milk unless otherwise specifically indicated;  
 
“modified starch”  means an edible starch that no longer possesses the functional 
characteristics of the native starch from which it is derived due to any physical, enzymatic, 
chemical,  or other processes that has been  used to modify its properties;  
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 “monounsaturated  fatty acid”  means a hydrocarbon chain that contains one cis double 
bond and a carboxyl group at the terminal end ;  
 
“name”  means a word or words giving a true description of the nature of the foodstuff  
product concerned ; 
 
“non -nutritive sweetener”  has the meaning as signed to it  in the Regulations Relating 
to the Use of Sweeteners in Foods , R.733 of 10 September 2012 and subsequent 
amendments and revisions, as published under the Act ; 
 
“nutrient”  means any natural or synthetic substance  normally consumed as a constituent 
of foodstuffs , which provides energy,  and which is needed for growth, development and 
maintenance of life and physiological health , or of which a deficit may cause characteristic 
biochemical or physiological changes to occur;  
 
“nutrient  content claim” means a claim that describes the present level of energy, 
certain micro and macro nutrients, or carotenoids  contained in a n end  product foodstuff ; 
 
“Nutrient Profiling Model  for Health and Nutrition Claims ” in relation to South Africa 
means a  validated electronic tool based on a set of scientific criteria to categorise 
foodstuffs  according to their total nutritional composition for the purpose of screening 
foodstuffs  to determin e their eligibility to mak e any claim or endorsement with a health or 
nutrition message ; 
 
“nutrition claim”  means any representation that refers to energy or a specific nutrient or 
foodstuff  constituent content of a particular foodstuff  such as a nutrient content claim , a 
comparative  claim  and ingredient -content claim, but excludes − 
(a) the mention of substances within the list of ingredients; and 
(b) the mention of substances  in the nutritional information table ;  
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 “partially wholegrain ” means the addition of a specified percentage of intact 
wholegrain s to an end product ;  
 
“polyol”  has the meaning assigned to it in  the Regulations Relating to the Use of 
Sweeteners , R.733 of 10 September 2012 and subsequent  amendments and revision s 
as published under the Act;  
 
“polyunsaturated fatty  acid” means a hydrocarbon chain with cis -cis methylene 
interrupted double bonds and a carboxyl group at the terminal end ;  
 
“portion or single  portion/serving”  in relation  to a foodstuff,  means  the mass,  volume,  
or number, as the case  may be, of a foodstuff  which  is appropriate  for a single  
portion/serving  which  is typically  recommended  by health  professionals  for maintenance  
or achievement  of a healthy  weight  and good  health ; 
 
“poultry” means any poultry meat in the Regulations  Regarding Control over the Sale of 
Poultry Meat published in Government Notice R. 946 of 27 March 1992 and subsequent 
amendments and revisions, made under the Agricultural Product Standards Act;   
 
“prebiotics”  mean  edible carbohydrates, of which the degre e of polymerization varies 
between two to sixty-four monomeric units , which resist hydrolysis by mammalian 
enzymes that allow specific changes, both in the composition or activity in the indigenous 
human gastrointestinal microflora , which  confer benefits upon host well -being and health,  
demonstrated by generally accepted sc ientific evidence to competent authorities;  
 
“pre-packaged”  means the packaging of a foodstuff  in packaging material ready for sale 
to the consumer or to a catering establishment, but does not include — 
(a) individually wrapped one -bite sweets  or chocolate confectionery, sugars or 
savoury accompaniments to a meal  which is not enclosed in any further packaging 
material  and is not intended for sale as an individual unit; and  
(b) the outer containers of bulk stock;  This gazette is also available free online at www.gpwonline.co.za32  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
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“preservative”  means an addit ive that prolongs the shelf life of a foodstuff ; 
 
“processed”  means a foodstuff  that has been subjected to any process which alter s its 
original state , but excludes –  
(a) harvesting;  
(b) slaughtering;  
(c) cleaning;  
(d) decapitating;  
(e) defeathering;  
(f) dehairing;  
(g) eviscerating;  
(h) portioning;  
(i) sectioning;  
(j) deboning;  
(k) washing;  
(l) chilling;  
(m) removal of fish scales, 
(n) removal of blemishes and foliage of fruit and vegetables;  
(o) removal of inedible skins and seeds of fruits and vegetables;  
(p) removal of the skins of animals; or 
(q) the mixin g, compounding,  or blending of two or more single ingredient agricultural 
ingredients that have not been processed;  
 
“processed meat”  means products containing meat  that are published as Regulations 
on Processed meat,  R.1283 of 4 October 2019  and subsequent amendments and 
revisions under the Agricultural Product Standards Act;  
 
 
 
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 “protein ” means—  
(a) organic compounds  consisting of amino acids , arranged in a linear chain and 
joined together by peptide bonds  between the carboxyl  and amino  groups of 
adjacent amino acid  residues ;  
(b) any of a group of complex organic macromolecules that contain carbon, hydrogen, 
oxygen, nitrogen, and usually sulphur and are co mposed of one or more chains of 
amino acids , measured as the sum of individual amino acid residues (the molecular 
weight of each amino acid less the molecular weight of water) plus free amino 
acids and of which the nitrogen must  be multiplied with the appropriate factor as 
listed in Annexure 2;  
 
"raw -processed meat" means raw meat products from all species of meat animals and 
birds intended for human consumption , cured or uncured, pre -packaged or un -prepacked, 
that may have under gone freezing or partial heat treatment, and where any added 
ingredients or additives and added water, including a formulated solution, are retained in 
or on the product as sold, but excludes products covered by the latest version of the 
Regulations on Pro cessed meat, R.1283 of 4 October 2019 under the Agricultural Product 
Standards Act;   
 
“ready -to-eat foodstuffs ” means any solid or liquid foodstuff  prepared  into a form in 
which it is normally consumed without further processing  except , in some case s, heating ; 
 
“recombined whole grain flour  meal ” means the recombin ation of the starchy 
endosperm, germ and bran constituents of milled intact dehulled  or dehusked  
wholegrains  after separation of these constituents through milling , to relative proportions 
of starchy endosperm, germ and bran found in the intact grain  and include  the 
recombination of wholegrain with milled fractions of intact wholegrain;  with losses of 
maximum  10% bran, and maximum 50% germ  and generally changes to the GI value , 
when compared to the intact wholegrain;  
 
“retail” means the direct sale of foodstuffs to the consumer;  This gazette is also available free online at www.gpwonline.co.za34  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
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“saturated fatty acid”  means a hydrocarbon chain with no double bonds and a carboxyl 
group at the terminal end ;  
 
“scale label or sticker” means a  self-adhesive label applied to the packaging of 
foodstuffs  bearing a brief description sufficient to identify the foodstuffs ’ mass or quantity 
contained and  any other required information under applicable regulations ; 
 
"significant cereal" means any one of the following cereals:  
(a) Wheat, meaning any species belonging to the genus Triticum , including varieties 
such as kamut (khorasan wheat)  and spelt;  
(b) rye, meaning any species belonging to the genus Secale ; 
(c) barley, meaning any species belonging to the genus Hordeum;  
(d) oats; or 
(e) crossbred hybrids of wheat, rye or barley (e.g., triticale, which is a cross between 
wheat and rye);  
 
“single ingredient agricultural commodities”  mean — 
(a) single type fresh fruit or vegetables;  
(b) single type frozen fruit or vegetables  without any added additive or ingredient ; 
(c) single type dehydrated vegetables without any added additive or ingredient;  
(d) single ingredient dried fruit without any added additive or ingredient;  
(e) single type fresh fruit or vegetable juice without any additive ; 
(f) whole eggs ; 
(g) raw, fresh,  or frozen unprocessed fish and marine products ; 
(h) unprocessed meat of birds and animal s referred to in Schedule 1 of the Meat 
Safety Act;  
(i) black and green tea, honeybush tea and rooibos tea;  
(j) vinegar;  
(k) 100%  pure honey ; 
(l) single ingredient wholegrain  cereal kernels ;  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  35
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 (m) rice, provided the specific cultivar is indicated ; 
(n) single ingredient raw oil seeds;  
(o) raw soya beans ; 
(p) raw groundnuts without any added ingredient or additive ; 
(q) single ingredient dry legumes ; 
(r) fresh, pasteurised,  or UHT milk , fresh, pasteurised, UHT or canned  dairy cream  
and unsalted butter ; 
(s) unsweetened canned condensed milk ; 
(t) raw, fresh tree nuts without any added additive or ingredient;  
(u) fresh or dried coconut flesh ; 
(v) single ingredient vegetable oil  such as 100% sunflower oil ; or 
(w) sucrose  to which no additives or nutrients are added ; 
 
“small producer”  means a business defined as either a Qualifying Small Enterprise or 
Exempt Micro Enterprise in the BEE revised Codes of Good Practice;  
 
“starch”  means edible starch , an ingredient as listed in the classification of 
carbohydrates in Annexure 6  and exclude s modified starches ; 
 
“street vendor ” means a person who offers goods or services for sale to the public 
without having a permanently built structure but with a temporary static structure or mobile 
stall or with their goods laid out on the sidewalk;  
 
“sugar s” means all edible mono - and disaccharides;  
 
“supersize portion/ serving size”  means a single portion/serving  size which is not more 
than the portion /serving sizes typically recommended by health professionals for 
maintenance or achievement  of a healthy weight and good health  and which would not 
encourage consumers to consume “supersize” servings which might resu lt in an 
undesirable increase of their total energy intake that could contribute to unhealthy weight 
gain;  This gazette is also available free online at www.gpwonline.co.za36  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
24 
 
 
  
“syrup ” means a solution of one or more sugars in water where the strength of the 
solution may vary depending on its use in the end product;  
 
“the Act”  means the Foodstuffs , Cosmetics and Disinfectants Act, 1972 (Act No.54 of 
1972);  
 
“total carbohydrates” means the sum of all the carbohydrates indicated in the WHO 
classification of carbohydrates  as indicated in Annexure 6 ; 
 
“total fat” means—  
(a) in the case where a claim with a health or nutrition message is made and the 
foodstuff ha s to be chemically analysed, the sum of all the individual fatty acids 
expressed as triacylglycerol (triglyceride) equivalents [including cis and trans -
forms of monounsaturated and polyunsaturated fatty acids as well as conjugated 
linoleic acid (CLA)] (AOAC 996.06 or equivalent method ); or  
(b) in the case  where  no claim  with a health  or nutrition  message  is made  and the 
nutrient  values  for single  ingredient  foods are used  from food composition  tables  
for direct  labelling  or for recipe  calculations,  the value  that includes  all the individual  
fatty acids  and the non-fatty acid components  such  as glycerol,  phospholipids,  
sterols,  and fat-soluble  vitamins.  (This  definition  applies  where  total fat is reported  
as 'total lipids'  in food composition  tables  and the nutrient  values  for single  
ingredient  foods  are used  from the food composition  table  in the South  African  
Food  Data  System  (SAFOODS) or suitable  international  food composition  tables  
for direct  labelling  or for recipe  calculations);  
 
“total sugar s” means the  sum of all intrinsic  and added mono - and disaccharides  from 
all sources in a food, defined as “all monosaccharides and disaccharides other than 
polyols ; 
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25 
 
 
 “traceable/traceability” means the ability to follow the movement of a foodstuff  through 
specific stages of production, processing,  and distribution;  
 
“Trans  fat” means "industrially produced trans -fatty acids" but excludes  “natural 
trans -fatty acids”  as defined in the Regulations Relating to Trans -fat in Certain 
Foodstuffs  and Related Matters, R 127 of 17 February 2011 and subsequent amendments 
and revision under the Act ; 
 
“tree nuts”  mean s almonds (Prunus dulcis, syn. Prun us amygdalus Batsch, Amygdalus 
communis L ., Amygdalus dulcis Mill), brazil nuts ( Bertholletia excelsa ), cashew nuts 
(Anacardium occidentale ), hazelnuts ( Corylus avellana ), macadamia nuts ( Macadamia 
ternifolia ), pecan nuts ( Carya illinoiesis  [Wangenh] K. Koch ), pistachio nuts ( Pistachia 
vera) and walnuts ( Juglans regia ); 
 
“typical values” mean s the average of real, typical, representative, composite nutritional 
or microbiological values of foodstuffs  sampled and analysed according to the relevant 
criteria  and methods  stipulated in these Regulations  or Codex, and which has the required 
accreditation by the SANAS or other recognised international accreditation authorit ies 
which are part of the ILAC arrangement;  
 
“vegetarian” means a diet which — 
(a) consists of  ingredients  of multi -cellular plant, fungal, algal,  and bacterial origin;  
(b) may include honey, dairy foodstuffs  produced without any slaughter by -products, 
or unfertilised eggs obtained from live animals; and  
(c) excludes all animal flesh and products ob tained from the slaughter of an animal, 
such as gelatine, animal fats, caviar,  and roe;  
 
“Use by” date means the date which signifies the end of the period under any stated 
storage conditions, after which the product should not be sold or consumed due to safety 
and quality reasons and “ expiration  date” has the same meaning;  
 This gazette is also available free online at www.gpwonline.co.za38  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
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 “un-prepacked” means a foodstuff that is exhibited for sale without being pre-packaged  
in a container with a label, excluding a scale label;  
 
“unprocessed meat”  means uncooked, uncured meat which has not been processed  or 
heat-treated  and which does not fall under  the categories “ processed meat ” or “raw-
processed meat ”; 
 
“vegetable juice” means the product obtained from the edible part of sound, ripe 
vegetables w hich m ay either be fresh or preserved , and which has the characteristic 
colour, flavour and aroma of the juice originating from the specific vegetable it has been 
obtained from;  
 
 “weight loss”  means an intentional imbalance between energy intake or uptake and 
energy expenditure accounting for a reduction in total body weight by a loss of total body 
fat or abdominal fat and a subsequent increase in lean tissue;  
 
"wholegrain " means clean dehulled  or dehusked intact grains which may have been 
subjected to minimal food processing techniques such as cutting, coarse milling (crushed, 
cracked), rolling (flakes) or kibbling, after which the constituents – endosperm, germ and 
bran – are present i n such proportions that represent the typical ratio of those fractions 
occurring in the intact wholegrain , and which has the same nutritional value as the intact 
wholegrain;  
"wholegrain flour /meal " means flour obtained by the milling of dehulled  or dehuske d 
intact wholegrains which, after milling, still contains all the components namely 
endosperm, bran, germ, all the macronutrients, micronutrients,  and trace elements of the 
original intact whole kernel in its original form, usually having a short shelf lif e in itself and 
which, as a result of milling and grinding processes, results in a product which has a finer 
particle;  and 
 
“wholesale ” means  the sale of goods, usually in larger quantities, for the purpose of 
resale to consumers.  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  39
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 PART  I:  
 
GENERAL PROVISIONS  
 
General  
 
2. (1) A person may not manufacture, import, sell , donate,  or offer for sale 
any pre -pack aged foodstuff , unless the foodstuff  container, or the bulk stock from which 
it is sold or taken , is labelled in accordance with these Regulations . 
 
(2) A person contemplated in subregulation (1) must provide accurate 
information regarding the  characteristics , origin, composition, quality, nutritive value, 
nature or other properties  of a foodstuff  and the time  and place of its manufacture  to the 
consumer.  
 
(3) (a) A food business operator under whose name or business    
           name a  foodstuff is marketed is responsible for the    
           information  required  by these Regulations  
(b) A person may not promote or advertise  a food stuff in a 
manner which is in conflict with these Regulations .  
(c) A person may not label  a foodstuff  for sale in a manner  which 
contradicts any r egulation s made under the Act relat ing to 
infants , young children,  or children . 
 
(4) Subject to regulation 74(3), the particulars required in terms of these 
Regulations regarding  a foodstuff  that is not labelled but displayed for sale , must be made 
available  upon request at  the premises where the foodstuff is offered for sale . 
 
 (5) For the purpose of traceability and subsequent labelling , a food 
business operator must  keep a record , in the form of a supplier ingredient information file , 
of every ingredient, additive or substance used in the manufacturing of a foodstuff  ready  This gazette is also available free online at www.gpwonline.co.za40  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
28 
 
 
 for sale , irrespective of whether the foodstuff  is intended for direct sale or for further 
processing or manufacturing . 
 
 (6) A food business operator must  keep the supplier ingredient 
information files, contemplated in subregulation ( 5), while a n ingredient, additive or 
substance is in use  and for a period of at least 12 months after the use thereof has 
ceased . 
 (7) A food business operator is guilty of an offence if he or she, upon 
request by an inspector or employee of the Department, fails to produce , within two 
working days , any relevant documentation related to the labelling or advertising of a 
foodstuff . 
 
 (8) Unless these Regulations spec ifically provide otherwise, a  label , 
promotion  or advertisement of a foodstuff  may not refer to the Act, regulations made 
under the Act , the Department of Health, national, provincial,  or local government , or any 
official of the said department  or government . 
 
 (9) Notwithstanding  regulation 9, any endorsement of a foodstuff  is 
considered the voluntary decision of a food business  operator  and is not a mandatory 
requirement in terms of these Regulations . 
(10) A person may  not— 
(a) include a sample of complementary medicine in a foodstuff  or 
its container ; 
(b) show a pictorial representation of a complementary medicine  
on the label, container or in an advertisement;  
(c) make a claim on the label of the foodstuff that may relate to 
the health or therapeutic effect of a complementary medicine;  
(d) include  as an ingredient  in a foodstuff a complementary 
medicine which is sold independently, and use the brand 
name of the complementary medicine to indicate its presence 
in the list of ingredients or anywhere else on the label;  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  41
29 
 
 
 (e) subject to paragraph (h), add any herbal substance  to a 
foodstuff , which is not, according to Annexure 7, considered a 
culinary herb or spice ordinarily used in South Africa  (Table 
1); or which other herbs and spices which are not ordinarily 
used as culinary herbs,  but which are permitted in foodstuffs 
(Table 2a); or which may not be  used in food according to the 
Medicines Act (Table 2b); 
(f) compare a foodstuff in any manne r with a complementary 
medicine or vice versa ; 
(g) include a vitamin, mineral, fatty acid , amino acid , prebiotic or 
probiotic defined in terms of the Medicines Act,  in a food at a 
level which is considered a complimentary medicine made in 
terms of the Medicines Act;   
(h) make any claim with a health or nutrition message about a 
vitamin, mineral, fatty acid, amino acid, prebiotic or probiotic 
defined in terms of the Medicines Act, unless specifically 
permitted for by these Regulations; and  
(i) include any other substance in a food which is considered a 
complementary medicine,  or a medicine  made in terms of the 
Medicines Act . 
 
Presentation  
 
3. (1) Subject to regulation  4, the information that must  appear on any label 
must  be—  
(a) in English , and where label space permits, a second official language of 
South Africa of the manufacturers choice : Provided  that the minimum letter 
size used for the required label information may not be reduced to 
accommodate various languages for local or export purposes ; and  
 This gazette is also available free online at www.gpwonline.co.za42  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
30 
 
 
 (b) indelible, clearly visible,  and easily legible with a significant contrast 
between fon t colour  and background colour  and t he legibility thereof must  
not be affected by pictorial or any other matter, printed or otherwise. ; 
Provided that - 
(i) colours used on labels  shall not dominate/ overwhelm nor used in such a way that  
any information, warning st atement or FOPL  logos , when applicable , become 
poorly visible , non-legible or indistinguishable  from pictorial representations and 
information; and  
(ii) White lettering on any background colour except black shall be prohibited . 
 
(2) The label of a pre-packaged foodstuff  must  be applied in such a 
manner that it may not be unintentionally separate d from the container  prior to or at point -
of sale.  
 
Letter sizes  
 
4. In the interest of ensuring clear legibility, unless provided otherwise by the 
Agricultural Product Standards Act , and the Compulsory Specifications Act , and  subject 
to these Regulations — 
(a) the n ame of a foodstuff  must  appear on the main panel of the label in  letters , 
according to Annexure 5, for which the vertical height  of font size is not less than 
4 mm : Provided that in the case of returnable soft drink bottles with embossed 
labels, the name and other information may, in addition, be on the cap in letters of 
a font size  of which the x -height according to Annexure 5 is not less than 0.9 mm 
in vertical height;  
(b) the information required to appear on a label  excluding the name, warning,  and 
mandatory statements where applicable  in terms of the se Regulations,  must  be in 
letters of a font size  of which the x -height according to Annexure 5, is not less than 
1.2 mm vertical height ; 
 This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  43
31 
 
 
 (c) the letter sizes prescribed in paragraphs (a) and (b) applies to packages of which 
the main panel exceeds 12 000 mm2; and 
 in the case where the area of the main panel of the package is less than 12 000 
mm2, the minimum x-height , according to Annexure  5, of the font size of the letters 
must  not be less than 0.9  mm in vertical height.  
(d) words which qualify the name of the foodstuffs,  or which are  part of the description 
thereof  or which are an essential part thereof , must , in cases where the name does  
not reflect a complete description of the foodstuffs  in the container — 
(i) be reflected in the immediate proximity to the name ; 
(ii) be in prominent, distinctive letters of the same font, colour  and prominence ; 
and  
(iii) be letters of the same font size  of which the x -height according to Annexure 
5, is not less than 1.2 mm vertical height : Provided that the listing of 
ingredients and proport ions of ingredients is in a letter type of uniform size, 
colour, font and prominence throughout . 
 
Identification  
 
5. The label of a pre -packaged foodstuff  must  contain — 
(a) on the main panel — 
(i) subject to the requirements of the Agricultural Product Standards Act, the 
name of the particular foodstuff . Where the name is not a true description 
of the foodstuff, or is not self-evident  or self -explanatory, the name must 
be accompanied by an appropriate description: Provided that the name of 
a foodstuff may consist of a name or a description, or of a name and a 
description and where a name or names have been established for a 
foodstuff i n a Codex Alimentarius Standard, at least one of these names 
must be used;  
(ii) a name of the foodstuff or the description thereof shall - This gazette is also available free online at www.gpwonline.co.za44  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
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 (aa) be sufficiently precise to avoid misleading or confusing the consumer 
with regard the true nature, physical condi tion, type of packing medium, 
style, condition, content,  and type of treatment it has undergone; and  
(bb) contain words or phrases as are necessary to avoid misleading or 
confusing the consumer regarding  the true nature and physical condition 
of the foodstuffs, including but not limited to the condition or type of 
treatment it has undergone such as dried, concentrated, reconstituted,  or 
smoked;  
(iii) there must  appear on the label , either in conjunction with, or in close 
proximity to the name of the foodstuff, such additional words,  or phrases 
as are necessary to avoid  misleading or confusing the consumer in regard 
to the true nature and physical condition of the foodstuffs , including but not 
limited to the condition or type of treatment it has undergone  such as dried, 
concentrated, reconstituted,  or smoked ; 
(b) the name and address of the manufacturer, importer, or seller : Provided  that the 
name and address must  be accompanied by applicable wording such as 
"manufactured by", "imported by" or "sold by ”; 
(c) instructions  on how to use the foodstuff , where it would be difficult to make 
appropriate use of such foodstuff  without such instructions;  
(d) a list of ingredients required by regulations 11 to 23, where applicable;  
(e) special storage conditions, whe re applicable , or where storage instructions are 
required to support the integrity of the date mark ; and  
(f) the net contents of the container in the SI -units (“Système  International units”) in 
accordance with the requirements of the Legal Metrology Act, 2014 (Act No.  9 of 
2014 ). Legal Metrology Act, 2014 (Act No. 9 of 2014) as applied by the National 
Regulator for Compulsory Specifications (NRCS).  
 
 
 
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Country of origin 
 
6. (1) Unless otherwise required by  the regulations  published in terms of 
the Agricultural Product Standards Act , the Compulsory Specifications  Act, and the 
Consumer Protection Act , 2008  (Act No .68 of 2008 ), the country of origin of a foodstuff  
must  be declared on the label as follows:  
(a) “Product of (name of country)” if all the main ingredients, processing,  and labour , 
used to make the foodstuff , are from one specific country;  
(b) “Produced in (name of country)”, “Processed in (name of country)”, “Manufactured 
in (name of country)”,  or “Made in (name of country)” , when a foodstuff  is 
processed in a second country which changes its nature;  
(c) in the case of imported  or locally produced  single ingredient agricultural 
commodities in bulk, where owing to climatic, seasonal or other contingencies, the 
words “Product of (name of countr ies) separated by the expression “and ” or “or ” , 
whatever the case may be , in cases where more than one country are the source  
of the single ingredient agricultural commodity  must  be declared on the label of the 
final pre -packed foodstuffs : Provided that the end foodstuff  remains a single 
ingredient agricultural commodity ; 
(d) the words “Packed in (name of country)” may be used in addition to the 
requirements of paragraphs (a), (b) or (c) , if applicable . 
 
(2) (a) The use of a national flag is only permitted to indicate the  
           country of  origin when it is accompanied by the wording    
            contemplated  in subregulation  (1). 
(b) In the case of where the wording” Proudly  South African” is 
used, the South African Flag may be used; Provided the 
product complies with the criteria for “Products of (name of 
country).     
 This gazette is also available free online at www.gpwonline.co.za46  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
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 Batch identification  
 
7. A container of a foodstuff  must  be clearly marked with a batch  code  and 
with the manufacturing date  in such a way that the specific batch  is easily identifiable and 
traceable , unless otherwise stipulated in terms of regulations made  under the Agricultural 
Product Standards Act  and the Compulsory Specifications Act . 
 
Date marking   
 
8. (1) No person shall import, manufacture, sell, distribute,  or donate a 
foodstuff without a date marking, clearly indicated on the label or container according to 
the requirements of Regulations 2 and 6, or in the case of foodstuffs listed in Annexure 
4, at least the Date of Manufacturing or the “Date of Packaging .  
 
(2) Date markings must be intr oduced by the words “Use by date  <insert date>” 
or “Best Quality Before Date <insert date>” as applicable, or in case of where Regulation 
11 applies “Date of Manufacture <insert date>” or the “Date of Packaging <insert date>” . 
(3) The date marking may not be removed or altered by any person.  
 
(4) Date markings must be permanently imprinted or stamped on the label or 
container and no stickers shall be permitted.  
 
(5) In cases where several items are included in an outer wrapper or sleeve, 
which during normal usage by the consumer will be discarded, the date shall appear on 
the packaging that will be retained by the consumer until consumption.  
 
(6) If not otherwise determined in relevant Codex standard or other Na tional 
legislation where applicable, and unless Regulation 11 applies, the following date marking 
shall apply:  
 
(a) When a food must be consumed before a certain date to ensure its safety and This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  47
35 
 
 
 quality the “Use by date”  or “Expiration date” shall be declared; or  
(b) Where a “Use by  date” or  “Expiration date” is  not required, the “Best Quality -Before 
Date” shall be declared.  
 
(7) The date marking wording referred to in Regulation (2) shall be 
accompanied by:  
(a) the date itself; or  
(b) a clear indication on the label of where the date marking is indicated on the     
           container.  
 
(8) The date marking shall, irrespective of quality or safety,  declare the 
manufacturing day, month,  and yea r.  Food business operators who receive bulk food 
product and subsequently divide d it into smaller units for retail purposes  and repackage 
it, are responsible for ensuring that the labelling information required in terms of these 
regulations, relating to the f oodstuff, including its shelf -life, is correct. 
 
(9) (a) The date marking must be in the order, “Day -Month -Year”:  
           Provided  that the day and year may be declared by uncoded   
           numbers  with the year to be denoted by 2 or 4 digits, and t he   
           month  may be declared in letters, either written      
           out in full or abbreviated (e.g.,  “Feb” or “February”) or numbers.  
(b) Subject to paragraph (a), where only numbers are used to declare 
the date, or where the year is expressed as only two digits, the 
sequence of day/month/year must accompany the date by 
appropriate abbreviations as applicable, namely (DD/MM/YYYY) or 
(YYYY/MM /DD), (DD/MM/YY) or (YY/MM/DD), or (MM/YYYY) or 
(YYYY/MM).  
 
(10) When the “Best Quality before Date” as required in sub-regulation 6(b)  is 
reached , and food  integrity  is not compromised in any way, the foodstuff  may still be sold, 
with the exception that:  This gazette is also available free online at www.gpwonline.co.za48  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
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 (a)  foodstuffs intended for infants, children & young children,  and foodstuffs where the 
nutritional value has been enhanced, such that the potency of the nutrients will be 
compromised affecting the quality of the product, may not be sold beyond the “Best 
Quality before Date” and  
(b)  imported foodstuffs must have a minimum of 12 months before the end of a “Best 
Quality before Date” to ensure sufficient time for sale thereof, in line with the Code 
of Ethics for International Trade in Food including Concessional and Food Aid 
Transactions,  Codex CAC/RCP 20 -1979. Beyond this date, such foodstuffs may 
not be sold.  
 
(11) In the case of foods listed in Annexure 91, a date marking as required by 
Regulation 6 shall not apply, but shall be labelled with a “Date of Manufacture” or a “Date 
of Packaging” as appropriate, in accordance with the format in Reg ulation 2; Provided 
that where - 
(a) safety is not compromised,  and quality does not deteriorate because the nature of 
the food is such that it cannot support microbial growth . 
(b) the deteriora tion is clearly evident by physical examination at the point of purchase, 
such as raw fresh produce that has not been subject to processing and presented 
in a manner that is visible to the consumer;  
(c) the key/organoleptic quality aspects of the food are  not lost;  
(d) the food by its nature is normally consumed within 24 hours of its manufacture, 
such as some bakers’ or pastry -cooks’ wares . 
 
(12) Any special conditions for the storage of the food shall be declared on the 
label where they are required to support the integrity of the food and, where a date mark 
is used, the validity of the date depends thereon.  
 
(13) Any other type of date marking such as, but not limited to, “Sell by” is 
 
1 This is an illustrative list  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  49
37 
 
 
 prohibited .  
 
Prohibited statements  
 
9. (1) The following information or declarations may not be reflected on a 
label or advertisement of a foodstuff : 
(a) Words , pictorial representations, marks, logos,  or descriptions which create an 
impression that such a foodstuff  is supported, endorsed, complies with or has been 
manufactured in accordance with recommendations by —  
(i) one of the following  practising health professionals referred to in the Health 
Professions Act, 1974 (Act No.56 of 1974), the Allied Health Professions 
Act, 1982 (Act No.63 of 1982), the Pharmacy Act, 1974 (Act No.53 of 1974), 
the Nursing Act, 2005 (Act No.33 of 2005) or the Dental Technician Act, 
1979 (Act No.19 of 1979),  (individually  or as part of any professional or 
consumer advisory organisation consisting of one or more of the 
aforementioned health practitioners)  who is sponsored directly or indirectly 
by a food business operator ; 
(ii) endorsing entities (excluding religious certifying organisations, any fauna 
and flora related certifying and endorsing entities, or other endorsing 
entities certifying quality or safety aspects of foodstuffs), provided any food 
safety certification of a foodstuff or ingredient shall comply with all legislation 
legally in place at the time;  and 
(iii) in the case of endorsement entities  related to non -communicable diseases , 
shall be— 
(aa) fully compliant with these Regulations  and other applicable 
Regulations promulgated un der the Act ; 
(bb) actively involved in generic health promotion activities , which  
           promote the  reduction of risk of developing one or more particular   
           non-communicable disease s to all consumers in South Africa      
           (which includes foodstuffs choices, exercise, serving sizes,  
           foodstuffs preparation methods, et cetera) or other public health    This gazette is also available free online at www.gpwonline.co.za50  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
38 
 
 
            concerns , supported by evidence -based nutrition  throug h the    
           application of the best available systematically assembled    
           scientific evidence in setting nutrition and public health policies    
           and practice in terms of the reduction of risk for the development    
           of a non -communicable disease;  
(cc) independent of , free from influence by, and  not related to the supplier 
of a foodstuff  or the food business operators  in relation to which an 
endorsement is made;  
(iv) the food business operator  shall have  no financial interest in the endorsing 
entity , nor benefits financially from applying the endorsement, has not 
established, either by itself or with others, the endorsing body and  exercises 
no direct or indirect control over the endorsing body;  
(v) the foodstuff,  which is endorsed, successfully qualifies with the screening 
criteria of the Nutrient Profiling Model for South Africa as outlined in 
Annexur e 8 using the electronic calculator which is available on the website 
of the Department and are not required to bear any Front-of-pack -logo 
(FOPL) ; and 
(vi) in the case of fruit or vegetable juices being endorsed, the fruit or vegetable 
juice does  not cont ain any added sugars  or  free sugars , qualif ies for the 
non-addition  claim for sugar s and has an intrinsic  dietary fibre content per 
100 ml that equals  at least 20% of the dietary fibre content of 100 g of the  
same fresh fruit or vegetable ; provided the dietary fibre is the intrinsic 
natural fibre from fruit  or vegetable pulp/purees/pastes and not added 
purified non-starch polysaccharides  (NSP) ; 
(b) endorsement logos representing a particular industry, categorised according to the 
South African Food  Based Dietary Guidelines and its accompanying Food  Guide 
where applicable, for the promot ion of the products of such an industry, unless the 
message in te rms of the recommended number of portion/ servings per day 
compl ies with the guidelines of t he Food Based Dietary Guide line technical report 
of the Department and may include the wording of the applicable Food  Based 
Dietary Guideline ; This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  51
39 
 
 
 (c) an endorsement or testimonial of an individual in the form of a picture, written or 
verbal statement or in any other form, when the individual’s endorsement or 
testimonial specifically imply a ny type of  ingredient content claim  or claims with a 
health or n utrition message ; 
(d) the words "health" or “healthy" or  any other words  with a similar meaning , logos , 
pictorials  or symbols  with a similar meaning implying that the foodstuff in and of 
itself or a component  in the foodstuff has health -giving properties in any manner 
including the name and trade name; except  in the case of the fortification logo  for 
food vehicles as determined by regulations made under the Act and where the 
words are used in permitted functio n or disease risk claims ;  
(e) the words "wholesome" , "nutritious" , “nutraceutical” or “super- food” , “smart” or 
intelligent” or any other words , logos,  or pictorials with a similar meaning in any 
manner implying that the food is better  or superior  in any way, including the name 
and trade name;  
(f) a claim that a foodstuff  provides complete or balanced nutrition or any other words, 
logos,  or pictorials with a similar meaning in any manner including the name and 
trade name;  or 
(g) subject to the provisions of the Medicines Act, the word "cure” , “restore”, “heal” or 
any other medicinal or therapeutic claim  which through  words, graphics, pictorials 
or other representations  suggest or imply that a food or substance of a food has 
the ability to cure , diagnose, treat, mitigate, modify, prevent, restore or correct any 
disease, abnormal physical or mental state or somatic, psychic or organic function 
in man, including the symptoms thereof; excluding  those explicitly permitted by 
certain health claims.  
 
(2) A compound foodstuff , whether in solid or liquid form, which claim s certain 
beneficial nutrients  or category of nutrients  and ingredients  with health benefits  in the 
brand  or trade name — 
(a) may, if  the brand or trade name was registered before 1 May 1995,  use the brand  
or trade name for six months after the date of p romulgation  of these Regulations .  This gazette is also available free online at www.gpwonline.co.za52  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
40 
 
 
 (b) may not , if the brand  or trade name was registered after 1 May 1995, use such 
brand  or trade name after the p romulgation  of these Regulations. 
 
(3) A compound foodstuff , whether in solid or liquid form, which contain s a 
health claim in the brand or trade name — 
(a) may, if  the brand or trade name was registered before 1 May 1995, use the brand 
or trade name for six  months after the date of p romulga tion of these Regulations ;  
(b) may not , if the brand or trade name was registered after 1 May 1995, use such 
brand  or trade name after the p romulgation  of these Regulations. 
 
(4)  Unless authorised by these Regulations or  provisions of the Liquor Products 
Act, no foodstuff shall on a label or advertisement reflect a class designation as defined 
in section 1 of that Act: Provided that and notwithstanding the provisions of these 
Regulations - 
(a)  alcohol free wine and de -alcoholised wine, as defined in paragraphs (b) and (c), 
shall be labelled mutatis mutandis according to the provisions of Part 2 of the 
Regulations made under the Liquor Products Act: For the purposes of these 
provisions:  
(i) the compulsory class designation for alcohol free wine shall be "alcohol free 
wine": Provided that the word "wine" may be substituted by the name of the 
grape variety concerned if permitted under the provisions of the Wine of 
Origin Scheme, published by Government Notice No. R. 1434 of 29  June 
1990 under the Liquor Products Act;  
(ii)  the compulsory class designation for de -alcoholised wine shall be "de -
alcoholised wine" or "alcohol removed wine" or "non -alcoholic wine" used 
in direct conjunction with the expression "contains less than 0.5  % alcohol 
by volume" or "contains no more than 0.5 % alcohol by volume": Provided 
that if the phrase "de -alcoholised", "alcohol removed" or "non -alcoholic" is 
used on a label usually facing the consumer in a retail outlet, the expression 
"contains less th an 0.5 % alcohol by volume" or "contains no more than 0.5 
% alcohol by volume" shall also be used in direct conjunction with such This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  53
41 
 
 
 phrase: Provided further that the word "wine" may be substituted by the 
name of the grape variety concerned if permitted under  the provisions of the 
Wine of Origin Scheme, published by Government Notice No. R. 1434 of 29 
June 1990 under the Liquor Products Act; and  
(iii)  the alcohol content of alcohol -free wine and de -alcoholised wine need not 
be indicated : Provided the wine com plies with subregulation 4(b and c) 
below;  
(b)  alcohol free wine - 
(i)  shall be wine as defined in section 1 of the Liquor Products Act, which has 
been de -alcoholised in accordance with the provisions of that act;  
(ii)  shall have an ethyl alcohol conten t of less than 0.05 per cent per volume;  
(iii)  may have added glycerol after dealcoholisation ; and 
(iv)  may, after dealcoholisation , undergo processes and have substances 
added which are permitted for wine in the Regulations made under the 
Liquor Products Act.  
(c) de-alcoholised wine - 
(i)  shall be wine as defined in section 1 of the Liquor Products Act, which has 
been de - alcoholised  in accordance with the provisions of that Act;  
(ii)  shall have an ethyl alcohol content of less than or equal to 0.5 per cent per 
volume;  
(iii)  may have added glycerol after dealcoholisation ; and  
(iv) may, after dealcoholisation , undergo processes and have s ubstances 
added which are permitted for wine in the Regulations made under the 
Liquor Products Act.  
 
Negative claims  
 
10. (1) Subject to the conditions for nutrient content claims in Table 2 , and 
referring to Guideline 4, a claim, declaration,  or implied claim may not  be made on the 
label of a compound  foodstuff  that such foodstuff — This gazette is also available free online at www.gpwonline.co.za54  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
42 
 
 
 (a) alone possesses a particular characteristic, property,  or substance when in fact 
similar foodstuffs  in the same class or category also possess the same 
characteristic, property or substance , unless — 
(i) the characteristic, property or substance is often found or commonly  present 
in the referred  to class or category of foodstuff ; and  
(ii) the claim, decl aration or implication is worded in a generic manner as 
follows:  
“(generic or category name of foodstuff  but no brand name) naturally 
contains (name of characteristic, property or substance ”); 
(b) is free from a particular characteristic, property,  or substance when in fact similar 
foodstuff s in the same class or category are also free from the same characteristic, 
property or substance , unless — 
(i) the characteristic, property or substance is often  or commonly absent  or low 
in the referred -to class or category of foodstuff.  
(ii) the claim, declaration or implication is worded in a generic manner as 
follows: “A  naturally (name of characteristic, property or substance) free 
foodstuff ”; or “(generic or category name of foodstuff  but no brand name) is 
a naturally (name of characteristic, property or substance) free foodstuff ” so 
as not to reflect negatively on other similar foodstuffs  in the same class or 
category.  
 
(2) Notwithstanding the pro visions of sub regulation  (1)— 
(a) where an additive, which is permitted for a particular class or category of foodstuff  
in terms of specific regulations under the Act, is absent from the particular brand  
name of the particular class or category of foodstuff , the claim, declaration,  or 
implication, when used, must  be worded as follows: “(name of additive) free”;  
(b) where a claim or declaration is made about the absence of a  particular additive, 
which is legally not permitted for a particular class or category of foodstuff  under 
specific regulations under the Act, the claim, or declaration must  be worded in a 
generic manner as follows: “A (name of additive) free (name of categ ory or class 
of foodstuffs ) as is the case with all (name of category or class of foodstuff )”; or This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  55
43 
 
 
 (c) where an additive, which is permitted for a particular class or category of foodstuff  
under specific regulations under the Act, by choice of the manufactu rer, is not used 
in the foodstuff , but is naturally present in the ingredients of the foodstuff , the claim, 
declaration or implication, when used, must  be worded as follows: "no added 
(name of additive)" . 
 
(3) A declaration referred to in subregulations (1) and (2) may not be made in 
relation to packaged water. 
  This gazette is also available free online at www.gpwonline.co.za56  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
44 
 
 
 PART II:  
 
SPECIAL PROVISIONS  
 
Seasonal ingredients  
 
11. Where, owing to climatic or seasonal contingencies, it is not possible to 
abide consistently by  the list of ingredients  as indicated on the label , the name s of 
ingredients  other than the main ingredient  as claimed , that might not be present 
consistently must appear consecutively , but not necessarily in descending order of mass 
or volume in the list of ingredients , preceded by the expression "and/or".  
 
Order of list of ingredients  
 
12. Notwithstanding the regulations made under the Agricultural Product 
Standards Act, t he ingredients of a  foodstuff cont aining more than one ingredient , 
including beer, must  be listed on any label in descending order of mass present in the 
end product under the heading “Ingredients ”: Provided that in the case where an 
ingredient is in a concentrated form, the ingredient must be listed in the appropriate order 
when reconstitut ed, not according to the mass of the ingoing concentrate.  
 
Variable proportions 
 
13. Where a foodstuff  consists of or contains mixed fruit, nuts , legumes  or 
vegetables and no particular fruit, legume or nut or vegetable predominates significantly 
with respect to mass, those ingredients may be listed in any order of mass if - 
(a) in the case of a foodstuff  which consists entirely of such mixture, the heading of 
the list of ingredients includes or is accompanied by the words "in variable  
proportions" or other words indicating the nature of the order in which the 
ingredients are listed; and  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  57
45 
 
 
 (b) in the case of a foodstuff , which contains such mixture, that part of the list where 
the names of the said ingredients appear , is accompanied by th e words "in variable 
proportions" or other words indicating the nature of the order in which those 
ingredients are listed.  
 
Ingredients shown in any order  
 
14. Culinary herbs or spices as indicated in Annexure 7 not exceeding 2% by 
mass , either singly or in combination , may be shown in any order at the end of the list of 
ingredients  and may be declared as herbs, mixed herbs, spices, mixed spices or herbs 
and spices, whatever is appropriate.  
 
Naming of ingredients  and other related matters  
 
15. (1) The name used for an ingredient in a foodstuff  in the list of 
ingredients on any label must — 
(a) be the name used for such ingredient when independently sold as a foodstuff ;  
(b) in the case of a microbiological culture, be indicated according to its purpose  such 
as cheese culture , yoghurt culture , lactic acid producing culture, starter culture, or 
whatever the case may be.   
 
(2) Subject to regulation 12 , where an ingoing concentrated or 
dehydrated ingredient , is reconstituted or partially reconstituted , hydrated,  or partially 
rehydrated  for use in the manufacturing of a foodstuff , the ingredient must  be preceded 
by the appropriate descriptive words such as “reconstituted ( name of ingredient) 
concentrate” or “re hydrated dried (name of ingredient)” or whatever is applicable, in the 
list of ingredients . 
 
(3) (a) Mechanically recovered meat, or any words  such as  
           mechanically separated meat, mechanically deboned    
           meat , mechanically  deboned poultry or any other similar  This gazette is also available free online at www.gpwonline.co.za58  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
46 
 
 
            term which means that the last  small piece  of meat is  
           separated from the carcass or bones,  must  always be   
           written out in full and may not be abbreviated when listed    
           in the list of ingredients.  
(b) In the case where mechanically recovered meat, or any words  
such as mechanically separated meat, mechanically deboned 
meat , or mechanically  deboned poultry pulp is obtained from 
the stripped , skeletal remains under high pressure  the product 
must  comply with the latest version  of the  Regulations on 
Processed meat,  R.1283 of 4 October 2019 under the 
Agricultural Product Standards Act; and SANS 1675  (The 
manufacture, production, processing and treatment of canned 
meat products)  in all respect s and it must  be specified  in the 
list of ingredients whether it is low or high pressure 
mechanically deboned meat .  
(c) An ingoing percentage  of meat contemplated in paragraph (b)  
must  be quantified as a quanti tative Ingredient Declaration 
(“QUID” ) in the list of ingredients where  in-going percentage 
is more  than 25  percent , and on the main panel when the 
ingoing percentage is less than 25 percent , in bold upper -case  
letters of which the font size is at least 3 mm in height . 
(d) Where the ingoing percentage  of meat contemplated in 
paragraph (b) is less than 25 percent, the name or description 
of the end product may not contain the word “meat”.  
 
(4) Names such as “salt” or “sodium chloride”, “vinegar” or “acetic acid”, 
“brine”, or “syrup”  may be used in the li st of ingredients : Provided that a manufactured 
syrup comprising more than one type of sugar , water and additives  must  be labelled  as a 
compound ingredient in terms of these Regulations . 
 
 This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  59
47 
 
 
 Natural c olouring foods  
 
16. Only single ingredient agricultural commodities used in a compound 
foodstuff, which have the natural ability to colour a food, such as but not limited to red 
fruit palm oil, tomato paste  which  has the meaning assigned to it in the Regulations 
Relating to the grading, Packing an d marketing of canned vegetables intended for Sale 
in the Republic of South Africa, R 1532 of 24 October 2003 and subsequent amendments 
and revisions under the Agricultural Product Standards Act; tomato  puree , cherry juice, 
blueberry or mulberry juice, may be called a natural colouring food in the list of ingredients 
in parenthesis after the name of the ingoing ingredient. These foodstuffs or ingredients 
have specific aromatic, sapid or nutritive properties wit h a secondary colouring effect.  
 
Indication of the type of meat species  
 
 17. (1) Subject to regulation 13 , fresh, canned, frozen, raw -processed,  and 
processed fish, other marine food species , meat of birds  and animals , pre -packed or 
offered for sale unpacked, must  clearly indicate the commonly used  or known names , 
either in the direct vicinity of where the product is exhibited for sale  or in the list of 
ingredients on the label . 
 
  (2) Only meat of animals and birds , referred to in Schedule 1 of the Meat 
Safety Act , or fish species referred to in the latest version of SANS 1647  (Approved 
market names for South African fish and related seafood) and other marine food species  
that are intended for human consumption in South Africa , must  be used in foodstuffs . 
 
Raw-processed meat  
 
 18. (a) In the case of raw -processed meat, words such as basted , basting , 
self-basting, marinated or marinating, seasoned or seasoning or any other words with a 
similar meaning may not be used  to hide the fact that additives or other ingredients such 
as a formulated solution of which the meaning has been assigned to it in the R egulations This gazette is also available free online at www.gpwonline.co.za60  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
48 
 
 
 Regarding Control over the Sale of Poultry Meat” No.R. 946 of 27 March 1992, as 
amended, and subsequent amendments and revisions under the Agricultural Product 
Standards Act; were added into raw meat ; and  
(b) an indication of the type of animal,  bird, fish or other marine food 
species and the date of manufacturing - 
(i) must appear  on a n otice placed closed to the bulk container from which the 
raw-processed meat is exhibited  for sale which is easily legible to the 
consumer;  
(ii)  as well as printed on a scale label which is attached to the packaging 
material . 
 
Quantitative Ingredient Declarations  
 
19. (1) Where the labelling places a form of  emphasis on the presence of 
one or more valuable or characterising ingredients, the percentage of these ingredient s 
in the end product , must  be declared — 
(a) in accordance with Guideline 5; and  
(b) in parenthesis — 
(i) in close proximity to  the words, illustrations or graphics emphasising a 
particular ingredient or;  
(ii) directly after the name or descriptor of the foodstuff ; or 
(iii) after each  emphasised ingredient listed in the list of ingredients.  
 
(2) Notwithstanding the requirements of subregulation (1)(b), the 
Agricultural Product Standards Act , and subject to regulation  21(1) and (2)(c), raw -
processed meat products , excluding biltong and dried sausage,  must  indicate the QUID 
for the meat and water content as percentage s on the main panel, in  the following manner:  
(a) Meat as the total meat in the final product ; and 
(b) notwithstanding the requirements of SANS 458  (Tolerances permitted for the 
accuracy of measurements of products (including pre-packaged  products) in terms 
of legal metrology legislation) or SANS 289 Labelling requirements for pre-This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  61
49 
 
 
 packaged  products ( pre-packages ) and general requirements for the sale of goods 
subject to legal metrology control) water , which must  shall include a ny water in 
glaze on the product and any water that has been added inside the products in the 
form of a formulated solution . 
 
(3) The indications for QUID  for the meat and water content 
contemplated in subregulation ( 2) must  be in bold upper -case letters and in the following 
letter sizes:  
(a) For package sizes 500 g or less, at least 3 mm in vertical font height ; 
(b) for package  sizes more than 500 g , at least 5 mm in vertical font height; or  
(c) for packages of 5 kg or more, at least 10 mm in font vertical height.  
 
(4) A QUID declaration is not a mandatory requirement for canned fish 
and marine products, frozen fish and sea -food products, agricultural fishery products and 
agricultural products for which compositional standards or regul ations already exist under 
the Compulsory Specifications Act , the Agricultural Product Standards Act , and the Liquor 
Products Act, except for — 
(a) processed meat products  as per Regulations on Processed meat  of the Agricultural 
Product Standards Act classification ; 
(b) raw-processed meat products , excluding biltong and dry sausage ; 
(c) blended  fruit juices , fruit nectars, and fruit drinks, but not blended fresh fruit 
juices;  
(d) dairy products with added ingredients ; 
(e) edible ices  as per the  Regulations Regarding the Classification, Packing and 
Marketing of Edible Ices Intended for Sale in the Republic of South Africa, R 78 of 
8 February 2013 and subsequent amendments and revisions under the Agricultural  
Product Standards Act;  
(f) canned meat, fish and seafood products . 
 
 This gazette is also available free online at www.gpwonline.co.za62  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
50 
 
 
 (5) Subject to regulation 2( 6), in cases where the quantitative content of 
an emphasi sed ingredient varies from batch to batch, an internal specification which 
stipulate s a minimum and maximum amount , is required as part of the product 
specification as per the supplier ingredient informati on files in Guideline 1, and in which 
case the percentage declared on the label must  always be the lower one.  
 
Compound ingredients  
 
20. Subject to regulations 36(2) to 41, where an ingredient is itself the product 
of two or more ingredients  or additives , and such a compound ingredient is used in or on 
a foodstuff , the names of the ingoing ingredients  and additives  of the compound 
ingredient , must  be listed in parenthesis in descending order , after the name of the 
compound ingredient in the list of ingredients .  
 
Added water  
 
21. (1) Subject to regulation1 2 and subregulations (2) and (3) , added water 
be declared in the list of ingredients in the appropriate order.  
(2) Water that is added as an ingredient or through processing of a 
foodstuff , must  be declared in the list of ingredients of such  a foodstuff , unless — 
(a) it is used in the manufacturing of the foodstuff  solely for the purpose of wetting a 
dry additive or ingredient, excluding  raw-processed meats ; or  
(b) it is part of brine  or syrup and declared as “brine” or “syrup” in the list of ingredients, 
excluding  raw-processed meats ; and  
(c) the water, which is added, does not exceed 5% of the finished product , excluding 
raw-processed meats.  
(3) In the case of raw -processed meat, subject to  subregulation  (2), 
water added as an ingredient  in a sauce or marinade  on meat,  need not be declared.  
 
 
 This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  63
51 
 
 
 Added caffeine  and alcohol- containing foodstuff  
 
22. (1) In the case where caffeine as such is added to a solid foodstuff — 
(a) the caffeine content , indicated in milligram (mg)  per single portion/serving  and per 
100 g/ml  must  be indicated  -“Caffeine - (amount in mg/g/ml)” — 
(i) in or directly under the nutritional information table; or 
(ii) adjacent to or below the warning message.  
(b) the w arning “Contains caffeine - Not recommended for children, pregnant or 
lactating women, or person sensitive to caffeine” must  be declared on the label in 
bold font not less than 3 mm vertical font size  and must  be declared on the main 
panel  in the same field of vision as the name or  description  in letters not less than 
3 mm vertical font size  according to Annexure 5 . 
 
(2) In the case where caffeine as such is added to any foodstuff (solids 
and beverages) the word “energy” must  not be used in the name and descriptor of the 
foodstuff  to which caffeine as such is added as an ingredient . 
 
(3) Compound foodstuffs that contain a liquor product as one of the 
ingoing ingredients must  declare the percentage alcohol on the main panel in bold font in 
letters not less than 3 mm vertical font size according to Annexure 5 . 
 
Fats and oils  
 
23. (1) In relation to fats and oils , single or in combination , which have been 
used in foodstuffs , and in addition to the requirements of regulations 11 and 20— 
(a) in the case of vegetable oil blends sold as an end  product, the names of all the 
types of vegetable oils that might be present in the end  product must  be listed in 
the list of ingredients, separated by the expression "and/or";  
(b) the names of ingoing fats and oils must  specify from which type of “vegetable”, 
“animal”, “fish” or “marine” source the fat or oil originates from, in the list of This gazette is also available free online at www.gpwonline.co.za64  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
52 
 
 
 ingredients if the source of the fat or oil  is not self -evident from the name of the fat 
or oil ; 
(c) in the case of vegetable fats and oils , where the oil could be derived from more 
than one part of the plant, e.g. palm fruit and palm kernel,  the particular part of the 
plant from which  the fat or  oil is derived,  must  be included in the name of the fat or 
oil; 
(d) when applicable , fats and oils must  be further quali fied by the term “ fully 
hydrogenated”  (all of the available carbon -carbon double bonds have been 
saturated by the addition of hydrogen atoms) , or partially hydrogenated  (not all the 
available carbon -carbon double bonds have been saturated by the addition of 
hydrogen atoms);  
(e) in the case of an oil blend , margarine or fat spread , pictorial representation of any 
specific source of oil such as olive oil in the oil blend may not be depicted on the 
label unless th at specific type of oil constitutes  the highest percentage of the 
ingoing fat or oil. 
 
(2) Oil or oil blend from plant origin may not  claim “cold extraction”, “cold -
pressed”, “mechanically pressed” or any other words with a similar meaning unless it 
complies with the definiti on of “cold extraction” in these Regulations.  
 
Bulk stock  
 
 24. (1) Where a foodstuff  is sold from a bulk stock  container , such bulk stock 
container must  be labelled in accordance with all the labelling requirements for 
individually pre-pack aged foodstuffs , and the lettering must  be of such a size and so 
displayed that it is easily legible  at first glance without consumers having to turn the 
container arou nd or upside down , unless the contents of the bulk container are 
individually packed and labelled in accordance with the requirements of these 
Regulations.  
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   (2) In cases where a foodstuff  is imported or sold in bulk other than by 
retail  it must  be accompanied by relevant t rade documents reflecting all particulars 
required by these Regulations to appear on the label of a pre -pack aged foodstuff . 
 
  (3) In cases where a foodstuff which is ordinarily sold in retail as 
individual units  but in wholesale as multiple units per container, and label information 
becomes obscured and inaccessible to consumers as a result of the external packaging 
of the container in which it is transported  and offered for sale , irrespective of whether 
clear shrink  wrap  is used or not, the following minimum labelling information  must appear 
on the bulk or multi pack as and where it is most effective and practical for the brand 
owner and packaging type used :  
(a) Name of the product ;  
(b) name and address  of the manufacturer ;  
(c) special storage conditions ;  
(d) allergen information ;  
(e) batch code ;   
(f) an appropriate date marking . 
 
  (4)  Bulk size cheese and deli -type processed meat loaves shall have a  
manufacturing date and a  re-packaging date when sliced into smaller units  on both the 
bulk size unit as well as the re -packaged units.  
 
Small packages  
 
25. The packaging of a pre-pack aged foodstuff  that has a total exterior area of 
2000mm2 or less, including single once -off use 10g or less sized packages  of culinary 
herbs and spices, sauces,  and condiments and 25g or less sized confectionary products  
are exempted from the requirements of labelling, except for  the— 
(a) declaration of the name  or description ; 
(b) name and address of the manufacturer ;  
(c) manufacturing  date;  This gazette is also available free online at www.gpwonline.co.za66  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
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 (d) declaration of common allergens if applicable ;  
(e) declaration according to Regulation 43 if the pr oduct has undergone irradiation; 
and 
(f) subject to Regulation 24(1) FOPL  logo if applicable,  unless sold from a bulk  
          stock container.  
 
Storage instructions  
 
26. (1) Subject to regulations  4 and 5(e), words that indicate the appropriate 
storage instructions, when deemed appropriate by the manufacturer , before and after 
opening, must  appear in bold font, upper -case  letters not less than 3,0mm in vertical font 
height on the label.  
 
  (2) The manufacturer must  determine the appropriate storage 
instruction relevant to the nature of the foodstuff , to ensure that safety and any specific 
quality attributes for which tacit or express claims have been made, are  retained,  and 
preserved.  
 
Foodstuffs  vending machines 
 
27. (1) The front of a foodstuff  vending machine  or any mechanical device, 
whether attended to or not, by means of which foodstuffs are sold,  must  have a notice 
indicating the name of the foodstuff , except where such name appears on the label of the 
foodstuff  in such a manner as to be easily visible and legible to a prospective purchaser 
from the outside of the machine.   
     
(2) Pre-packaged foodstuffs which are required to bear a mandatory 
Front -of-pack label (FOPL) shall be packed in the vending machine in such a way that 
clearly display the foodstuff with the main panel on which the FOPL logos are clearly 
visible  from the outside of the machine .  
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 Pictorial representation  
 
28. (1) The pictorial representation on the label or any advertisement of a 
pre-packaged  foodstuff  may not be presented in a manner that is false, misleading , 
deceptive or is likely to create an erroneous impression regarding the contents of the 
container or its character, origin , living conditions in the case of animal -derived products , 
its composition, quality, nutritive value, nature or other properties in a ny respect : Provided 
that a foodstuff  garnish , foodstuff  or ingredient not present in the container , if used  in the 
pictorial representation , may not dominate the pictorial representation.  
 
(2) Pre-packaged  foodstuffs  may not be described or presented on any 
label or in any labelling by words, pictorial or other devices which refer to or are 
suggestive , either directly or indirectly, of any other product with which such foodstuff  
might be confused, or in such a manner as t o lead the purchaser or consumer to assume  
that the foodstuff  is connected to  such other product.  
 
Labelling of pre -packed food  additives  
 
29. (1) The label of a pre -packed food additive or blend of food additives 
must  comply with the latest revision of the Codex general standard for the labelling of 
food additives  (CODEX STAN 107 -1981)  when sold as such . 
 
(2) The label of pre -pack aged food additives need not to be labelled with 
a nutritional information t able.  
 
General labelling requirements  regarding  food additives  
 
30. (1) All additives which are added to a foodstuff  must  be indicated in the 
list of ingredients.  
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 (2) (a) Additives, except th ose mentioned in  regulations 32 to 35, 
which are added to , and used in a foodstuff  to perform the function of one of the principal 
categories of additives list ed in Annexure 1 , may be indicated on a label by the name of 
the specific principal additive category, and if any additive is added to or used in a 
foodstuff  to serve more than one such function, it must  be indicated by the name of the 
category that represents the principal function performed in that foodstuff . 
(b) In cases where it is preferable to refer to a subcateg ory name 
listed under any of the principal food additive categor ies, it must  appear  in the list of 
ingredients as follows:  
(i) Name of princip al food additive category such as emulsifier , and  
(ii) in parenthesis  directly behind it , the name of sub food additive category, such as 
clouding agent . 
 
(3) Subject to the requirements  of Regulations  32 to 35, both the E/INS 
number and the technological function of the additive must  be indicated  in the list of 
ingredients  in either of  the following formats:  
(a) Technological function : common chemical name  or E/INS number or 
(b) Common chemical name  or E/INS number of additive ( technological function) . 
 
Flavourings  
 
31. (1) Additives used solely for flavouring purposes must  be labelled as 
“flavouring” in the list of ingredients without any further descriptors . 
 
(2) Subject to regulation 4(c) and the relevant regulations made  in terms 
of the Agricultural Product Standards Act, where a foodstuff contains a flavouring which 
represents a particular ingredient, but not the real ingredient itself, the words “flavouring” 
or “flavoured” must  be part of the name or the descriptor of t he product , to clearly indicate 
that a flavouring of an ingredient was used and not the real ingredient itself.  
 
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 (3) Subject to regulation 19(1) and (4) and the requirements of the 
Agricultural Product Standards Act, in the case where a foodstuff contains a f lavouring  
and the real ingredient itself , and both represent the same specific flavour, the foodstuff 
need not be labelled as a flavoured foodstuff in the name or description thereof.  
 
(4) Subject to regulation 20, mixtures containing one or more flavourings,  
other ingredients such as salt, sugar, herbs, spices or other categories of food additives, 
intended for use in or on snack foods or in other foodstuffs, must  be considered as being 
compound ingredients and must be  labelled accordingly . 
 
Tartrazine  
 
32. A person may not  sell a foodstuff  containing the colourant Tartrazine, also 
known as E /INS 102 or Yellow No. 5, unless the words  “Tartrazine  (colourant)”  or 
“colourant (tartrazine)”  appear in the list of ingredients.  
 
Preservatives  
 
33. (1) The presence of a preservative must  be indicated on a label 
according to the requirements of regulation 30 (3). 
 
(2) (a) In the case where sodium or potassium nitrites and sodium or 
potassium nitrates are used/added as curing agents, the curing agent, the technological 
function as well as the name of the additive must be indicated as follows: E.g.: 
“Preservative or colour retention agent: Sodium or Potassium nitrite or Sodium or 
Potassium Nitrate” whatever the case may be.  
(b) In the case of sodium or p otassium nitrite and sodium or 
potassium nitrate used as curing agents , the curing agent must  be indicated as  follows : 
“Curing agent(s) : Sodium or Potassium nitrite or Sodium or Pota ssium Nitrate” whatever 
the case may be . 
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58 
 
 
 (3) When added sulphur dioxide or other sulphite s are used at a level of  
more  than 10mg per kilogram (mg/kg) foodstuff, the  added sulphur dioxide or other 
sulphite s must  be declared . 
 
(4) Subject to subregulation (3), where the added sulphur dioxide or 
other sulphites  do not necessarily form part of the ingredients of a foodstuff, but are 
transferred to the foodstuff through contact with the packaging material, or where the skin 
of whole, unpeeled, fresh fruits and vegetables was treat ed with added sulphites , the 
presence of added sulphites , irrespective of the level, must  be declared on the container , 
package or label or in close proximity to any bulk sale of unlabe lled produce . 
 
Antioxidants  as additives 
 
34. The presence of any antioxidant  as an additive which is an additive that 
prolongs the shelf life of foodstuffs by protecting against rancidity, colour changes or other 
deterioration caused by oxidation or any abbreviation of its common chemical name , must  
be indicated in the list of ingredients on a label as follows: “anti-oxidant as an additive : 
common chemical name ” or vice versa . 
 
Artificial s weeteners (food additive s) 
 
35.  (1)    Artificial s weeteners shall be indicated by its common name in the list 
of ingredients, provided that the type of artificial sweetener, namely  non-nutritive/inte nse 
sweetener,  or steviol glycosides or polyols shall appear in brackets immediately following 
the name of the artificial sweetener; or the type  of artificial sweetener followed  by a semi -
colon and the name of the artificial sweetener . 
(2)    A foodstuff containing polyols  (sugar alcohols) , singly or in  
combination, in excess of 50g/kg of the final product shall be labelled with the expression 
"excessive consumption may have a laxative effect"; provided that for sugar -free chewing 
gum the statement is required if the sugar alcohol content of the product exceeds 
250g/kg . This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  71
59 
 
 
  
(3)       A foodstuff containing aspartame and aspartame -acesulfame salt 
must bear:  
(a) the word "aspartame" or “aspartame -acesulfame salt” in the list of ingredients 
followed by an asterisk;   
(b) an asterisk shall appear on a separate line directly below the list of ingredients 
followed by the words: "  *Contains phenylalanine" . 
 
(4) In the case of the sweetener steviol glycosides, it shall be described  
as "Steviol Glycosides", or "Steviol Extract".  
 
Modified starches , Processing aids and carry -over of additives   
 
36. (1) Modified starches must always specify the method of modification 
(dextrin/maltodextrin roasted starch, acid treated starch, alkaline treated starch or 
enzyme treated starch).   
 
(2) Processing aids which are a substance or material, not including 
apparatus or utensils, not consumed as a food ingredient by itself, intentionally used in 
the processing of raw materials, a foodstuff,  or its ingredients to fulfil a certain 
technological pu rpose during treatment or processing and which may result in the non -
intentional but unavoidable presence of residues or derivatives in the final end product , 
need not be declared in the list of ingredients.  
 
(3) Subject to regulations 32 to 35— 
(a) a food additive , except preservatives, carried over into a foodstuff  in an amount 
sufficient to perform a technological function in that foodstuff  as a result of the use 
of raw materials or other ingredients in which the food additive was used, must  be 
indicated in the list of ingredients; and  This gazette is also available free online at www.gpwonline.co.za72  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
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 (b) a preservative, carried over into foodstuffs  at a level less than what is required to 
achieve a technological function, are exempted from declaration in the list of  
ingredients.  
 
(4) Notwithstanding the requirements of regulations 32 to 35, any 
additive or carrier for an additive, which is derived from a common allergen, must  indicate 
the presence of the common allergen as described in regulation 37 . 
 
  
Allergens  
 
37. (1) Where a foodstuff or its packaging material contains any one or more 
common allergen s, the presence thereof must  be indicated —  
(a) in bold font if the allergen forms part of the name of the ingredient; or  
(b) (i) in bold font in parenthesis  (brackets)  after the name of such ingredient  
in the list of ingredients, regardless of whether it is self-evident  from the 
name of the ingredient : Provided  that cow’s  milk may be indicated as milk 
only, or 
(ii) in close proximity to  the ingredient list in a list o r block with the words 
“Allergens: (list allergens)” ;  
(c) in the case of significant cereals  other than “gluten -free oats” as p er criteria in 
regulation 40(2)— 
(i) the word "gluten" is indicated as described in paragraphs (a) and (b); and 
(ii) if the common allergen is wheat or a derivative of wheat, the word “wheat” 
must  be indicated as described in paragraphs  (a) and  (b), in addition to the 
word “gluten” ; and  
(d) in the case of sulphites , the presence thereof must  be indicated  when in an amount 
equal or more than 10ppm . 
 
  (2) The following ingredients derived from common allergens are 
exempted from the requirement to indicate appropriate allergen labelling:  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  73
61 
 
 
 (a) Cereals containing gluten:  
(i) Wheat based glucose syrups including dextrose;  
(ii) wheat -based  maltodextrins;  
(iii) glucose syrups based on barley;  
(iv) cereals used for making alcoholic distillates including ethyl alcohol of 
agricultural origin;  
(b) Fish and products thereof:  
(i) Fish gelatine used as carrier for vitamin or carotenoid preparations;  
(ii) fish g elatine or Isinglass used as fining agent in beer and wine . 
(c) Soybeans and products thereof:  
(i) Fully refined soybean oil and fat;  
(ii) natural mixed tocopherols (INS306), natural D -alpha tocopherol, natural D -
alpha tocopherol acetate, and natural D -alpha tocopherol succinate from 
soybean sources;  
(iii) vegetable oils derived phytosterols and phytosterol esters from soybean 
sources;  
(iv) plant stanol ester produced from vegetable oil sterols from soybean 
sources;  
(d) Milk and products thereof (includ ing lactose):  
(i) whey used for making alcoholic distillates including ethyl alcohol of 
agricultural origin;  
(ii) lactitol ; and 
(e) Nuts used for making alcoholic distillates including ethyl alcohol of agricultural 
origin . 
 
Uncommon allergens  
 
38. (1) The presence of uncommon allergens in or on the foodstuff  or its 
packaging material , must  be disclosed by manufacturers upon request by a consumer  or 
an inspector as defined in the Act . 
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 (2) The presence of goat's milk in a foodstuff  must  be indicated in the 
same manner as common allergens in terms of  regulation 37. 
 
(3) Notwithstanding the provisions of subregulation  (2), a foodstuff that 
contains goat’s milk must  have the following statement in close proximity to the name of 
the foodstuff  on the main panel: “ Allergenicity : Cow’s milk allergic individuals are at high 
risk to react to goat’s milk .” 
 
(4) In the case of lupin and lupin -derived ingredients sold as such or as 
part of a foodstuff, the following statement must  appear on the label: “Allergenicity: 
Peanut -allergic individuals are at high risk to react to lupin present in this product.”  
 
Allergen cross contamination  
 
39. If there is a risk for cross  contamination  of a common allergen in a foodstuff  
processing facility —  
(a) due diligence must  be exercised to prevent the occurrence of such contamination 
and an ACP must  be implemented in accordance with guideline  7; and  
(b) precautionary labelling "may contain (allergen)", may only be used if the following 
requirements are met:  
(i) Precautiona ry labelling must  not be utilised to circumvent the 
implementation of Good Manufacturing Practices and an effective ACP.  
(ii) the risk, the manner of assessing the risk, and the steps taken to avoid the 
risk of allergen cross -contamination, must  be documented  in the ACP. In 
addition , the product may also be labelled with "allergen control program in 
place", in letters in the same  font size as the rest of the font size used for 
the list of ingredients, at the end or under the list of ingredients . 
 
 
 
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 Allergen -related claims  regarding gluten -free and naturally gluten -free foodstuff  
 
40. (1) The claim “ gluten -free” must  not be permitted for a foodstuff that 
contain s an ingredient that is or has been derived from any species of the significant 
cereals which contains equal to or more than 20mg/kg gluten  in the end product  where 
the level of gluten is determined by  a protein -quantification method which meets the 
performance characteristics (as described in the Guidelines) and as  recommended by 
Codex Sta ndard 118 -1979 (as described in Guideline  7).  
 
(2) Foodstuffs contain ing pseudocereals which are non -grasses such as 
buckwheat, quinoa and wild rice , used in similar ways as significant cereals and not mixed 
with  or cross - contaminated by any  significant cereal , which by its nature be suitable for 
use as part of a gluten -free diet, may not be designated "special dietary", "special dietetic" 
or any other equivalent term, but may bear a statement  on the label that "this product is 
by its nature gluten -free"  or “naturally gluten free” : Provided that — 
(a) it contains less than 20mg/kg gluten, where the level of gluten is determined by  by 
a protein -quantification method which meets the performance characteristics (as 
described in the Guidelines) and as recommended  by Codex Standard 118 -1979 ; 
and  
(b) these claims are not being  permitted for any other foodstuffs.  
 
(3) In the case of oats, the term “gluten -free oats”, may be used  only if — 
(a) the oats consistently show  to contain less than 20mg/kg gluten, and the level of 
gluten is determined by  a protein -quantification method which meets the 
performance characteristics  (as described in the Guidelines) and as recommended  
by Codex Standard 118 -1979 (des cribed in Guideline 7); and  
(b) due diligence is exercised to prevent cross -contamination with other significant 
cereals or gluten. 
 
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 Allergen -related claims regarding h ypoallergenic, non -allergenic or allergen -free 
foodstuff   
 
41. A claim may not  be made that a foodstuff — 
(a) whether a single ingredient foodstuff  or a compound foodstuff , is "hypoallergenic " 
or "non -allergenic" or similar wording, unless the foodstuff  is modified by chemical 
or genetic means to reduce the quantity of endogenous allergens in such a way 
that it is not possible to detect the presence of any possible allergen with testing 
suitable for the specific allergen; or  
(b) is free from any common or uncommon allergen or a similar claim , unless the 
foodstuff  has been tested to confirm the absence of the allergen, using suitable 
testing for the specific allergen.  
 
Misleading descriptions  
 
42. (1) A word, statement, phrase, logo or pictorial representation which 
implies a message of being additive -free or veterinary medicine -free or which indicates 
the more humane treatment  or rearing of foodstuff  animals, such as, but not limited to, 
“grain fed”, “ grass -fed”, “Karoo lamb”, “natural lamb”, “country reared”, “free range”, 
“pure”,  will be permitted on the pre -packaged labelling and advertising of these products, 
provided the descriptor is linked to a specific protocol which is approved or registered  with 
the Department of  Agriculture  or regulat ed in terms of the Agricultural Product Standards 
Act. 
 
(2) (a) In the case of foodstuffs that are not regulated in terms of the 
Agricultural Product Standards Act , statements to the effect of being “fresh”, “natural”, 
“nature’s”, “pure”, “traditional”, “original”, “authentic”, “real”, “genuine”, “ home -made ”, 
“farmhouse”, “hand -made”, “selected”, “premium”, “finest”, “quality”, or “ best”  or words 
with a similar meaning  are permitted : Provided the statement is compliant with the 
guidance criteria stipulated in Guideline  12.  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  77
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 (b) A statement that presents a foodstuff in a manner that is false, 
misleading,  or deceptive or is likely to create an erroneous impression regarding the 
contents of the container or its character, origin, composition, quality, nutritive value, 
nature,  or other properties in any respect  that could mislead consumers , is not permitted . 
 
(3) In the case of fish and other marine foodstuffs  that are regulated in 
terms of the Compulsory Specifications Act , the statement “wild” is not permitted  unless 
it is qualified as “wild caught”.  
 
Irradiation  
 
 43. (1) The label of a foodstuff  which has been treated with ionizing radiation 
must  carry a written statement indicating the treatment in close proximity to the name of 
the foodstuff . 
 
(2) The use of the international recognised foodstuffs  irradiation symbol 
as illustrated by the Codex General Standard for the Labelling of Pre-packed  Foods  is 
optional, but when it is used, it must  be on the main panel of the label . 
 
(3) When an irradiated foodstuff  is used as an ingredient in another 
foodst uff, it must  be declared in the list of ingredients.  
 
(4) When a single ingredient foodstuff  is prepared from a raw material 
which has been irradiated, the label of the foodstuff  must  contain a statement indicating 
the treatment  on the main panel . 
 
Statements related to frozen foodstuff s 
 
44. (1) Foodstuffs  that were frozen and then thawed for subsequent sale — 
(a) must  not be labelled "fresh”; and  This gazette is also available free online at www.gpwonline.co.za78  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
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 (b) must  indicate the words “ PREVIOUSLY FROZEN ”— 
(i) on the label of pre -packaged foodstuffs  in bold upper -case letters not less 
than 3mm in vertical font height ; or 
(ii) on a notice  placed in close vicinity of where the un-prepacked foodstuff  is 
exhibited for sale, in clear view of , and easily legible to , the consumer.  
 
(2) In the case of cooked or partly cooked frozen foodstuffs  which have 
been thawed for subsequent sale, such foodstuffs must  be accompanied b y a notice on 
which the words “ Previously frozen – do not refreeze”, appear leg ibly in immediate 
proximity to such foodstuffs and in clear view of the customer.  
 
(3) Foodstuffs  which rely on chilling or freezing conditions for 
preservation, or semi - preserved foodstuffs , must  bear on the main panel of the label the 
expression “Keep refrigerated ” or “Keep frozen”, as the case may be, in bold, upper -case 
letters not less than 3.0 mm in vertical font height.  
 
Vegetarian claims  
 
 45. (1) A claim that a foodstuff  is suitable for vegetarians must  specify the 
type or category of vegetarian by adding one or a combination of suitable prefixes to the 
word “vegetarian” (such as but not limited to lacto -, ovo , honey- ).  
 
  (2) In the absence of a suitable prefix , the word “vegetarian” - mean s that 
all ingredients and additives  (refer to Guideline 8) used in an end product  are of multi -
cellular plant, fungal, algal, and bacterial origin . 
 
 
 
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 Nutritional information /facts  
 
 46. (1) Subject to regulation 7 4, a table with nutritional information  or facts  
is mandatory on all foodstuff  labels — 
(a) except foodstuffs  which are produced for sale by a small producer or a street 
vendor; no  claims with a health or nutrition message shall be permitted on any food 
produced by a small business  unless a table w ith nutrition information or facts is 
displayed on the foodstuff la bel and the requirements of regulation 50 are met ; 
(b) unless otherwise indicated by these Regulations ; and 
(c) unless the foodstuff is listed in  Table 1 below.  
 
TABLE 1: FOODSTUFFS THAT ARE EXEMPTED FROM THE MAN DATORY 
REQUIREMENT TO BEAR NUTRITIONAL INFORMATION /FACTS  UNLESS A CLAIM 
WITH A NUTRITION OR HEALTH MESSAGE IS MADE  
Baking powder  
Beer  
Bicarbonate of soda  
Cream of tartar  
Coffee extracts and chicory extracts, whole or milled coffee beans and whole or milled 
decaffeinated coffee beans 
Culinary h erbs and spices and herb and spice extracts  
Honey  
Plain vinegars  
Herbal and fruit infusions, teas (black, green, rooibos and honeybush), decaffeinated 
tea, instant or soluble tea or tea extract, which do not contain  other added ingredients 
or additives other than flavourings,  and which do not modify the nutritional value of 
the tea  
Spray and cook type products  
 
  (2) Bread, defined by the Regulations Relating to the Fortification of 
Certain Foodstuffs , R.504 of 7  April 2002  and subsequent amendments and revisions, as This gazette is also available free online at www.gpwonline.co.za80  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
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 published  under t he Act,  for which no claim with a nutrition or health message is made 
other than the fortification logo and claim “Fortified for better health”, is exempted from 
chemical analysis except for total sodium which must  be analysed as required by the 
Regulation s Relat ing to the Reduction of Sodium in Certain Foodstuffs and Related 
Matters , R.214 of 20 March 2013 and subsequent amendments and revisions , published 
under the Act . 
 
  (3) Nutritional information  and facts  must  be presented  on a label in the 
order and format as stipulated in Annexure 2: Provided that — 
(a) the heading is "(TYPICAL ) NUTRITIONAL INFORMATION /FACTS ", where the 
word typical is optional ;  
(b) there is an indication of  the following information directly beneath the heading or 
in the heading of column 3 of the nutritional information /facts  table : 
(i) The mass or volume of a single portion/serving ; 
(ii) the number of single portion/serving s per container; and  
(iii) a description of a single portion/serving  in household terminology  or 
measurements ; 
(c) compound foodstuffs that contain a liquor product as one of the ingoing ingredients 
shall declare the percentage alcohol on the main panel in bold font of which the 
font size is at least 3 mm in font height ; 
(d) nutritional information  and facts  are expressed per single portion/serving  and per 
100g for solid foodstuffs  or 100ml  in the case of liquid foodstuffs  in the (applicable) 
format as per Annexure 2 ; 
(e) nutritional information  and facts  are always presented in the tabular format as per 
Annexure 2, except in cases where the size of the label is restricted by the physical 
size of the product and less than 900mm2 remains after the minimum requirements 
in terms of these Regulations have been met , the nutritional information /facts  may 
be indicated in a linear format according to the format described in point 1.4 of 
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 (f) the appropriate unit of measurement appear s after the nutrient  name  or the word 
“energy ” or in a separate column directly after the first column with the names of 
the nutrients  and energy : Provided that — 
(i) the energy content of the foodstuffs  is always declared in “kilojoules” or “kJ”;  
(ii) the energy value is calculated using the prescribed , applicable conversion 
factor listed in point 2 of Annexure 2 ; 
(iii) the unit of measurement for  energy and the nutrients indicated in Annexure 
2 may not be altered to another unit of measurement;  
(iv) total sodium may be c onverted to sodium c hloride and indicated as “salt” in 
the nutritional information /facts  table  in which case both the total sodium 
and salt must  be indicated in the said table as  follows:  Total Sodium ….mg/ 
Salt …. g and; 
(v) the amount of each nutrient is declared by mass ; 
(g) no deviation from the formats in Annexure 2 is permitted.  
 
(4) The following information, when applicable, must  be provided 
beneath the nutritional information /facts  table  as footnotes: 
(a) In the case where a foodstuff  is packed in a liquid  medium, for the purpose of these 
Regulations means water, or aqueous solutions of sugar, sugars or other 
sweeteners, salt, brine foodstuffs, acids, vinegar, fruit and vegetable juices in 
canned fruits and vegetables, or alcohol beverages in the case of ty pical traditional 
South African dishes, either singly or in combination and   , determined as 
prescribed in the methods of inspection  of  medium, drained weight means the net 
mass, in grams, of the remaining solid component after the liquid medium has been  
drained for canned fruit R 135 of 18 February 2005, canned vegetables R1532 of 
24 October 2003, or canned pasta products R903 of 15 September 2000 or 
subsequent amendments and revisions  under the Agricultural Product Standards 
Act, the nutritional informa tion shall bear a  statement  where relevant, to indicate 
whether the nutritional information applies to the drained weight or to the net 
contents of the container ; This gazette is also available free online at www.gpwonline.co.za82  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
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 (b) a statement to the effect that the nutritional information refers to the ready -to-eat 
end product  or the product as packed /sold , whatever is appropriate , unless it is 
already indicated as part of the heading of column four of the nutritional 
information /facts table ; 
(c) an indication of the method of analysis used to determine dietary fibre if a claim 
relating to any carbohydrate is made on the label ; and 
(d) an indication of the methodology for the determination of the total fat value, 
indicated as either “Chemically analysed with (name applicable analytical method”) 
or “Value obtained from (name source)”.  
 
  (5) For the purposes of this regulation, -  
(a) “drained weight”  means the net mass of the remaining solid component after the 
liquid medium has been drained unless otherwise defined in regulations made for 
specific foodstuffs under the Agricultural Product Standards Act; and  
(b) “liquid medium”  for the purpose of the se Regulations means water, or aqueous 
solutions of sugar, sugars or other sweeteners, salt, brine foodstuffs, acids, 
vinegar, fruit and vegetable juices in canned fruits and vegetables, or alcohol 
beverages in the case of typical traditional South African  dishes, either singly or in 
combination.  
 
Additional requirements relating to  the nutritional information table  
 
47. (1) When nutrient values, obtained as a result of analysis, are 
transferred from the laboratory analysis report to the nutritional information table for 
labelling purposes, round ing off must  be done according to the following principles:  
(a) In the case of protein, any amino acids, dietary fibre, prebiotics, vitamins, minerals, 
bioflavonoids, carotenoids  and omega -3 fatty acids , the values shall never be 
rounded off  to indicate a value more than the analysed value  and, in the case of  
trans  fat, any sugars, sodium/salt,  and total fat, or any fatty a cid, excluding omega -
3 fatty acids,  the values shall never be indicated in values less than the analysed 
values ;  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  83
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 (b)  in the case of micronutrients, where necessary, no more than two  decimal p laces 
(0.00) may be indicated , and in the case of macronutrients no more than 1 decimal 
places  (0.0); and  
(c) where, as a result of limitations in terms of analytical methodology, it is not possible 
to quantify the near absence of a nutrient in the nutritional information table, the 
word “trace” or “< level of detection " may be used  to indicate the uncertainty about 
a precise value . 
 
(2) Permitted tolerances for nutrient declaration in the nutritional 
information table on labels must  comply with the following requirements:  
(a) The laboratory must  set tolerance limits based on the following principles:  
(i) Tolerance levels must  take into consideration — 
(aa) specific public health concerns ; 
(bb) shelf -life; 
(cc) accuracy of analysis ; 
(dd) processing variability and inherent liability and variability of the 
nutrient in the product ; and  
(ee) whether the nutrient has been added or is naturally occurring in the 
product;  
(ii) the values used in nutrient declaration must  be weighted average values 
derived from data specifically obtained from analyses of products which are 
representative of the product being labelled ;  
(iii) in those cases where a product is subject to a Codex standa rd, 
requirements for tolerances for nutrient declaration established by the 
standard must  take precedence . 
(b) The laboratory must  include  the following information  in the laboratory analysis 
report:  
(i) Subject to paragraph (9)(b), the n umber of samples  per product submitted 
for analysis : Provided that a single sample , except in the case of fake foods,  
shall never be acceptable as a true representation of the product’s typical 
nutritional information ; This gazette is also available free online at www.gpwonline.co.za84  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
72 
 
 
 (ii) product name;  
(iii) batch numbers;  
(iv) barcodes ; and  
(v) date of manufacture of each sample submitted . 
(c) The laboratory must  determine the tolerance limits for each nutrient according to 
the— 
(i) Codex GUIDELINES ON ESTIMATION OF UNCERTAINTY OF RESULTS, 
CAC/GL 59 -2006; and  
(ii) Codex GUIDELINES ON MEASUREMENT UNCERTAINTY, CAC/GL 54 -
2004 . 
 
(3) Nutrients for which a Nutrient Reference Value ( NRV ) value is 
indicated in Annexure 3 , shall be expressed as a percentage of the NRV per single 
portion/serving , in an additional column to the right of the mandatory format s in point 1 of 
Annexure 2.  
 
(4) For the purposes of verifying the validity of claims with a health or 
nutrition message , whate ver may be applicable, against qualifying criteria in Table 2  of 
regulation  65, Parts A and B, “Conditions for Nutrient Content Claims” , the standard NRV 
of individuals  of the age beginning at 37 months and older as indicated in Annexure 3 
applies. 
 
(5) (a) An indication of the mass , volume,  or number, whatever is 
applicable, of a single portion/serving  must  be an appropriate serving /portion  size which  
is consistent with single serving/portion size typically recommended by health 
professionals for maintenance or achievement  of a healthy weight and good health . 
(b) Single portion/serving  size must  not be manipul ated—  
(i) to sell supersize single portion/serving s for the purpose of increas ing sales, 
whether prepacked, non -prepacked or transparently packed  as ready -to-eat 
foodstuffs ; or 
(ii) to qualify for a nutrient or health  claim.  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  85
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    (c) Single portion/serving  size must  also be expressed in 
descriptive household measurements . 
 
(6) When the recipe of a foodstuff  is altered in any way in terms of 
changes to ingoing ingredients that may affect  the nutritional properties of an end product, 
the nutritional information of the end product as well as the list of  ingredients must  be 
corrected without delay . 
 
(7) A claim may not be made on the label of a foodstuff  that the foodstuff  
has acquired nutritive value from nutrients  used  as additives  when added for a technical 
function . 
 
(8) (a) A claim may not  be made — 
(i) that a foodstuff  has a particular value or benefit if the value or benefit is derived 
fully or partly from another foodstuff  that is intended to be consumed with the 
foodstuffs  in relation to which the claim is made , but is not in the contain er when 
sold; 
(ii) regarding any nutrient content, energy value or health benefit of a foodstuff  or 
ingredient or substance not included in the container ; and  
(iii) regarding any nutrient content, energy value or health benefit of an ingoing , 
unprocessed , single ingredient agricultural product if the same ingredient is being 
processed during the manufacturing process.  
(b) Subject to paragraph (a), i n the case where the product as 
sold requires further processing (preparation , baking or cooking) after addition of 
ingredients not included in the foodstuff as sold, the nutritional info rmation  and facts  of 
the foodstuff prepared according to the manufacturer’s  instructions and ready to use or 
eat must be added in an additional column  to the right of the column indicatin g the 
nutritional information per 100 ml/ 100g of prepared product  in the applicable table with 
nutritional information.  
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 (9) (a) Subject to regulation 46, where a claim with a nutrition or 
health message is made — 
(i) the nutritional information  and facts  as required by these Regulations must  be the 
real, typical values as determined through chemical analysis in accordance with 
the m ethods recommended in these Regulations, Guidelines or Codex, and where 
no specific methods are recommended, a method  which has been accredited by 
SANAS , the South African National Accreditation System, a statutory body 
governed by the Accreditation for Co nformity Assessment, Calibration and Good 
Laboratory Practice Act, 2006 (Act No. 19 of 2006);  or ILAC , the International 
Laboratory Accreditation Co -operation;  
(ii) the nutritional information must  be the nutritional information  and facts  as per point 
1.1 of Annexure 2  plus the appropriate nutritional information of the substance,  
which is the subject of the claim, as indicated in point 1.2 of Annexure  2. 
(b) Sampling of the foodstuff for the purpose of nutritional 
analysis must  be done according to the Codex GENERAL GUIDELINES ON 
SAMPLING, CAC/GL 50 -2004  and must  be—  
(i) representative of the product as typically produced;  
(ii) based on a laboratory analysis report ; 
(iii) verified at least once every  three  years by analysis and kept on record , unless 
formulation changes were made which necessitates re -analysis ; and 
(iv) analysed in accordance with the methods stipulated in these Regulations or where 
no method is stipulated, by methods approve d and recommended by  the Codex . 
(c) The manufacturer must — 
(i) compile a report on the details of how the sampling was conducted based on the 
Codex GENERAL GUIDELINES ON SAMPLING, CAC/GL 50 -2004 ; 
(ii) keep the analysis report referred to in subregulation ( 1) on record, and provide 
copies of the report to any food business operator upon request;  
(iii) not sell the product until the laboratory analysis report  and the supplier ingredient 
files are up to date and on record as per the re quirements o f regulation 2(4); and This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  87
75 
 
 
 (iv) when presenting the samples to a reputable laboratory for analysis, inform the 
laboratory that the analysis is for labelling purposes and that the laboratory report  
must  include the information requested in subregulation ( 2). 
 
(10) Subject to regulation 4 6, where nutritional information is provided on 
the label in the absence of a claim with a nutrition or health message, the following 
information source s may be used : 
(a) Labelling in the case of single ingredient foodstuffs : 
(i) Nutritional information  and facts  obtained from the supplier ingredient 
information file  referred to in Guideline 1 ; or  
(ii) chemical analy sis from a reputable laboratory ; or 
(b) Labelling in the case of a multi- ingredient foodstuff : 
(i) Analytical data obtained from the supplier ingredient i nformation file s 
referred to in Guideline 1;  
(ii) chemical analysis  by a reputable laboratory;  or 
(iii) recipe calculations  based on information sourced from the supplier 
ingredient information files referred to in Guideline 1 . 
(c) (i) The nutrient content of  a multi -ingredient foodstuff  can be based on  
(aa) recipe calculations using the analytical nutrient values of the individual  recipe 
ingredients, such as  the values of single ingredient agricultural ; or 
(bb) commodities and other recipe ingredients, such as cake flour.  
(ii)  The nutrient values for these single ingredient commodities and recipe 
ingredients must  be taken from supplier ingredient information files or 
analytical data.  
(iii) Appropriate methodology must  be applied for the calculation of the nutrient 
content of th e dish.  
(iv) When the calculation is based on raw recipe ingredients , provision must  be 
made for yield and retention factors , where applicable . 
(d) In the case where the glycaemic carbohydrate value is not calculated by difference  
by using the following formula , the values for total sugars must  be analysed or 
imputed from other sources:  This gazette is also available free online at www.gpwonline.co.za88  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
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 Glycaemic/ Available carbohydrate = 100 g – [moisture (g) + protein (g) + fat (g) + 
dietary fibre (g) + alcohol (g) + ash (g) + non-glycaemic polyols]  
 
(11) The container or the way it is packaged must  not obscure the list of 
ingredients or nutritional information when the consumer pick s up the product from the 
shelf. 
 
 
PART III:  
 
GENERAL INFORMATION ON  FRONT OF PACKAGE LABELS, HEALTH AND  
NUTRITIONAL CLAIMS  
 
General information  and conditions  
 
48. (1) A claim  with a nutri tion or health message — 
(a) which is not addressed in  these Regulations , is not permitted on the labels or in 
any advertisement thereof . 
(b) is permitted for a single ingredient — 
(i) if that ingredient is the end  product intended for sale ; and  
(ii) if that ingredient is not further processed in the manufacturing process 
when used as an ingoing ingredient of a compound  foodstuff. 
 
(2) (a) These regulations apply to the generic names, brand names 
or trade -mark names; g eneric name s, brand names or trademark . 
(b) The names contemplated in paragraph (a) may not be used 
to mislead consumers  with regard s to the generic or specific nutritive properties  or generic 
or specific health -giving properties , through a play with words or parts of words which 
could be interprete d as or related to a n energy,  nutrition, non-addition  of sugar or salt, 
ingredient content  or health claim . This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  89
77 
 
 
 (c) Notwithstanding paragraph (b), generic name s, brand names 
or trade -mark name s may be used  if a foodstuff  is eligible , according to the Nutrient 
Profiling Model  for nutrition and food claims , to make a claim with a health or nutrition 
message , compl ies with the relevant criteria for the said claim  and does not need to bear 
FOPL . 
 
  (3) Where nutritional information about a particular nutrient or substance 
is provided in the nutritional information table, but no claim with a nutrition or health 
message is made outside the table on the label, such information is not regarded as  a 
claim : Provided  that— 
(a) should certain information be emphasi sed in any manner in the nutritional 
information table  or the list of ingredients or anywhere else on the label , such as  
but not limited to colour differences  of the letters or numbers, different background  
colour than the rest of the information , differences  in font types, letter sizes or in 
any other manner, it must  be considered that a claim is made for that particular 
nutrient ; and  
(b) the substance is not a scheduled subs tance, regulated under the Medicines Act .  
 
  (4) Foodstuffs which are produced for sale by a small producer,  or a 
street vendor may not make or bear any claim with a nutrition or health message.  
 
  (5)  No nutritional labels, label systems, panels  or simplified nutritional 
information  are permitted on the label  of a foodstuff other than, where applicable, the 
FOPL label required under regulation 51.  
 
Enrichment  of foodstuffs   
 
49. Subject to regulations 50, 51, 52, 5 5 and 58(1) to (9), and in line with the 
most recent Codex Alimentarius General Principles for the Addition of Essential Nutrients 
to Foods CAC/GL 9 -1987 — 
(a) nutrients  may only be added to a foodstuff  which— This gazette is also available free online at www.gpwonline.co.za90  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
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 (i) require s a list of ingredients but which is not a fake food  as determined in 
regulation 5 6;  
(ii) pass ed the Profiling Model for FOPL and is not required to bear FOPL  under 
regulation s 51 and 52 ; 
(b) nutrients which are added to improv e the nutritional properties of a foodstuff , in the 
case of vitamins or minerals , added for both enrichment or fortification  as per the 
Regulations Relating to the Fortification of Foodstuffs — 
(i) may not exceed 100% NRV leve ls per single portion/serving ; 
(ii) must  be one of the approved compounds according to the  most recent  
Codex document  “Advisory  Lists of Nutrient Compounds for Use in 
Foodstuffs for Special Dietary Uses intended for Infants and Young 
Children”: Provided that the addition of fluoride and aluminium in any form 
is prohibited  in all foodstuffs  intended for any age ; 
(c) enrichment with any nutrient or common allergen is not permitted for  raw-
processed meat including  raw-processed poultry ;  
(d) enrichment with any nutrient is not permitted for fake foods, beer,  and products 
under the Liquor Products Act, irrespective of whether it has been dealcoholized 
or no t; and  
(e) foodstuffs required to carry a FOPL in terms of regulation s 51 and 52  may not 
carry any claims relating to the enrichment of the foodstuff  under this regulation 
and regulation 50.  
 
Nutrient Profiling Model for South Africa for the purpose of screening foodstuffs 
for their eligibility to make any claim with a nutrition or health message  
 
50. (1) A foodstuff  offered for sale in any manner, whether pre -packed, 
naked , non-packed or ready -to-consume  may not make a claim with a n energy,  nutrition 
or health message  or use any endorsement logo in terms of regulation 9(1 )(a)(iii) -  
(a) if a foodstuff is required to  bear a FOPL  on the main panel  because it  
exceeds the cut -offs for key nutrients or contain artificial sweeteners under 
the profiling model contemplated in  regulation s 51 and 52 ; and This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  91
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(i) the label displays a nutritional information table under regulation  46; 
(ii) the foodstuff  successfully qualifies with the screening criteria of the Nutrient 
Profiling Model  for health and nutritional claims  as outlined in Annexure 8 , using 
the electronic calculator which is available on the website of the Department  of 
Health ; 
(iii) the foodstuff  complies with the criteria particular to the specific claim , as addressed 
and permitted by these Regulations;  and 
(iv) the foodstuff  complies with the requirements of regulation 55 , where applicable . 
 
(2)  Any food that is produced by a small business may not carry a cla im 
with an energy, nutrition,  or health message  unless the requirements of this regulation 
are complied with . 
 
Profiling Model for Foodstuffs for South Africa for the purpose of FOPL logos on 
labels of foodstuffs that may not be marketed or advertised to children  
51. (1) Pre-packaged foodstuffs are required to bear a mandatory  Front -Of-
Pack-Labelling (FOPL ) if the foodstuff - 
(a) contain s added saturated fat, added sugar, added sodium ; and  
(b)  which exceed  the nutrient cut -off values for total sugar, total sodium or total 
saturated fatty acids  outlined below ; or 
(c) subject to regulation 5 5(1), contain any artificial  sweeteners ;  
 
Nutrient cut -off values  
Nutrient  Value indicated in nutritional information table  
Total sugar(s) in g  Solids: >10.0g per 100 g  
Liquids: >5.0g per 100 ml  
Total Saturated fatty acids in g  Solids: >4.0g per 100 g  
Liquids: >3.0g per 100 ml  
Total Sodium in mg  Solids: >400mg per 100 g  This gazette is also available free online at www.gpwonline.co.za92  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
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 Liquids: >100mg per 100 ml  
Artificial sweeteners  
Contain a ny added artificial  
sweetener  Bear  the applicable logo warning  as per Annexure 
10 
 
(d)  In the case of foodstuffs that  require further processing (preparation, baking, 
cooking,  or mixing ) after addition of ingredients not included in the foodstuff as 
sold, the values for purposes of assessing compliance with the nutrient cut -offs 
above is the column of the nutritional information and facts containing values of 
the prepared product as requ ired in regulation 47(8)(b).  
(e) For the purposes of this regulation and subject to other relevant existing legislation, 
a foodstuff or beverage is considered a solid or a liquid based on  the ordinarily use 
of such foodstuff  and the unit of measurement as grams or millilitres  indicated on 
the label as per requirements specified  in any other existing legislation.  
 
(2) Any foodstuff required  to bear any FOPL  logo, as described in Annexure 
10, must : -  
(a)  display such logos on the front of pack/ main panel  of the package ;  
(b)  the logos shall  cover 25% of the front of pack  package  according to the 
specifications outlined in Annexure 1 ; and  
(c)  the size of the front of the package for purposes of determining the size of the 
FOPL shall be calculated using the following formula based on the shape of the 
package:  
 
 Formulas for calculation of principal display panel  
Rectangle  Height x Width of largest side  
Cylindrical shape  40% of height x circumference  
Special Cylindrical shape  40% of Heigh x circumference OR 
Area of the Lid (whichever is 
greatest)  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  93
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 Tapered Tube  40% of the height x average of the 
top and bottom circumference  
Other Shapes  40% of total surface  
 
(d)  To ensure the legibility of the  logos and FOPL, the following ratios between the 
surface area of the front of the package and the minimum width of a single logo 
shall apply:  
Front of Package Area  Minimum width of one logo  
<40s.cm  15 mm  
>40 s.cm and <60 s.cm  18 mm  
>60 s.cm and <100 s.cm  20 mm  
>100 s.cm and <200 s.cm  25 mm  
>200 s.cm and <300 s.cm  30 mm  
>300 s.cm  35 mm  
 
(e) the FOPL logos on the front of the pack must:  
(i) correspond to those nutrients which exceed the FOPL cut -offs; 
(ii) be prominently visible to a consumer when product is displayed and may 
not be obscured , removed,  or damaged ; 
(iii) placed on the front of pack/ main panel  of the container’s label  and anchored 
to the top right -hand corner of the label  in the configurations and to the 
specifications outlined in Annexure 10;  
(iv) together with the white background prescribed in Annexure 10, cover 25 per 
cent of the front of pack  as calculated in terms of paragraph  (d); 
(v) be integrated into the packaging of the foodstuff insofar as practicable  and 
the use of stickers must  be permitted where the size of the container  or 
existing label cannot accommodate the size of the label ; and  
(vi) the order of the logos shall use the exclamation mark as the first, anchoring 
logo and be followed by sugar, saturated fat, sodium  and then where 
applicable , artificial sweetener s. 
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 (3)  The FOPL logos  must  appear on the main panel /front of pack  of the label 
in the top right co rner according to the specifications for logo design colour, dimen sions , 
background,  and other aspects related to the logo specification  as per Annexure 10 . 
 
(4) Foods for Special Medical Purposes (FSMPs)  and Infant formula up to the 
age of 6 months are exempted  from bearing any F OPL logo. 
 
(5) FOPL  may not - 
(a) be used to replace the mandatory ( typical) nutritional information tab le in Annexure 
2.  
(b) be used for any other nutrient  that improve the overall nutritional status of the 
foodstuff.  
(c) be marketed to children . 
(d) make any claim with an energy, health,  or nutrition message irrespective of 
whether the foodstuff ’s nutritional profile passes  the Nutrient Profiling Model 
referred to in regulation 50 . 
(e) be enriched . 
(f) bear any endorsement logo related to reducing the risk of any non -communicable 
disease referred to in regulation 9(1)(a)(i ii).  
(g) shrink the label deliberately in size to di minish visibility of the FOPL and shall be 
subject to letter size requirements in all cases.  
  
Marketing Restrictions  for foodstuffs that may not be advertised to children   
 
52. (1) (a) This regulation applies to any packaged food item that    
                      carries  a FOPL as described in regulation 51  
(b) The package or label or advertisement of foods carrying the 
FOPL shall not – 
(i) depict or contain reference to - 
(aa) any celebrities, sport stars, cartoon -type character, puppet, computer animation or 
similar strategy; or  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  95
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 (bb) a competition or a token, gift, or collectable items  which appeal to children, in order 
to encourage the use of such unhealthy foodstuffs ; 
(cc) childr en in mixed groups with young adults older than 18;  
(ii) abuse positive family values such as portraying any happy, caring family 
scenario, on a label or package in order to encourage the purchase for 
consumption ; 
(c) encourage or condone excess consumptio n or excessive 
portion sizes;  
(d) undermine the promotion of healthy, balanced diets;  
(e) encourage or promote an inactive lifestyle; encourage or 
promote unhealthy eating or drinking habits;  
(f) omit undesirable aspects of a food’s nutritional profile, contain 
any misleading or incorrect information about the nutritional 
value of the product;  
(g) be represented as a substitute for meals;  
(h) be misleading about the potential benefits from consumption 
of the unhealthy food;  
(i) create a sense of urgency designed to encourage purchase 
or consumption ; 
(j) depicting in any way a brand name of a food requiring a FOPL 
logo, or a catering establishm ent that commonly sell  
foodstuffs requiring  a FOPL logo , on footwear  and other 
clothing items offered for sale; or  
(k) depicting a brand name of a food requiring a FOPL logo , or a 
catering establishment that commonly sell foodstuffs requiring  
a FOPL logo , on any other items  offered for sale or donation . 
(2) (a) Any advertising depicting products carrying the FOPL must    
           include the logos of the FOPL the product is required to    
           carry in terms of regulation s 51and 52 .  
(b)  Notwithstanding Regulation 2(1) of these Regulations, any 
foodstuff offered for sale, irrespective of whether it is pre -This gazette is also available free online at www.gpwonline.co.za96  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
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 packaged or sold, in or on or from a catering establishment, 
as ready -to-eat foodstuffs - 
(i)  must  comply with regulation s 51(5(c) and 6) of said 
Regulations in terms of general marketing of these 
foods to children and advertising.  
(ii)  must  comply with this regulation of said Regulations in 
terms of advertising to children.   
  
(3) In addition, such advertisements should carry a warning in capital  
letters on visual or multimedia advertisements or at the end of audio advert isement . 
  
(4) The warning  contemplated in subregulation ( 3), must - 
(a) be clearly audible in the case of an audio advertisement , and in case of visible 
advertisements in big, bold font, clearly and the legibility thereof shall not be 
affected by any other matter, printed or otherwise ; 
(b) be on a space specifically devoted for it which must be at least one eighth of the 
total size o r length of the advertisement as the case maybe; and  
 
(c) be in black on a white background , as follows: - 
WARNING : 
This product is high in [insert key nutrients ] / contains artificial sweeteners . 
Excessive consumption may be detrimental to your health.  
 
Use of South African Food Based Dietary Guidelines  
53. (1) The Food  Based Dietary Guidelines statement s as indicated in 
Guideline 9, may— 
(a) only be used exactly a s quoted in the table in Guideline 9 ; and 
(b) only be used when the foodstuffs  passed the Nutrient Profiling screening process 
successfully . 
 This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  97
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 (2) The Food Based Dietary Guidelines statements as indicated in Guideline 9 
must — 
(a) be relevant  and appropriate for the foodstuffs  group and type of product on which 
it is used , in accordance with  the examples in Guideline  9; 
(b) comply with the requirements of these Regulations in general where and when 
applicable; and  
(c) comply specifically with regulation 5 5. 
 
(3) Any foodstuff which is required in terms of regulation 51 to bear one or more 
FOPL  logo shall not bear any Food Based Dietary Guidelines statement.  
 
Claims on packaged water  
 
54. An energy, nutrition, ingredient content , health claim , any other claim with 
a nutrition or health related message  is not permitted for packaged water, except the 
following Food Based Dietary Guideline message for water: “Drink lots of clean safe 
water”.    
 
Foodstuffs  containing added  purified, crystalline fructose  (C6H12O6), or added non-
nutritive sweeteners  
 
55. (1) Notwithstanding regulation 36, a foodstuff  which contain s added  
crystalline fructose (C 6H12O6) or added artificial sweeteners  including tabletop artificial 
sweeteners, may not make any claim with a n energy,  nutrition or health message or carry 
any endorsement logo concerning health unless conclusive scientific proof can 
demonstrate — 
(a) that according to Guideline 1 5, scientifically substantiated benefit s to health in 
general , as well as a reduction of the risk of non -communicable disease, inclu ding 
obesity  will result ; and 
(b) that any of these substances do not contribute to the risk of developing any non-
communicable disease  in the long term  of 20 years or more . This gazette is also available free online at www.gpwonline.co.za98  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
86 
 
 
  
(2) Any foodstuff containing added fructose must  bear the following 
warning on the main panel of the label in bold black letters not less than 3 mm in vertical 
font height: “ High intakes of fructose daily may lead to metabolic complications 
such as high plasma cholesterol, triglycerides or LDL , insulin resistance and 
abdominal obesity .” 
 
Fake foods tuffs  
 
56. (1) A fake foodstuff  of which examples are indicated in Guideline 1 0 
(solid or liquid)  may not— 
(a) make a ny claim  with an energy, health,  or nutrition message ; 
(b) be enriched ; or 
(c) bear any endorsement logo referred to in regulation 9 (1)(a)(i ii). 
 
(2) Fake foods which contains artificial sweeteners may bear a FOPL  
logo(s)  in terms of advertising  and must not be advertised or marketed to children 
according to Regulation 51  and 52 . 
 
Cosmetic claims  
 
57. A claim related to the use of the word beauty in any context related to 
physical beauty or any other cosmetic effect, in terms of any foodstuff , ingoing ingredient 
or substance  must , unless specifically addressed  by these regulations, is considered an 
illegal health claim.  
 
Claims represented through pictures  
 
58. Claims in relation to an energy, nutrition, ingredient content  or health 
message may not be made through pictures , logos,  or any other visual, non -textual 
marketing  to promote the sale of a foodstuff to children, young children and infants if the — This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  99
87 
 
 
 (a) foodstuff may not be commer cially marketed to children;  
(b) picture , logo,  or any other visual, non -textual marketing  implies an unauthorised 
claim according to these regulations ; and  
(c) picture,  logo,  or any other visual, non -textual marketing is misleading.  
 
PART IV:  
 
NUTRI TION  CLAIMS  
Energy, nutrient, and other content -related claims 
 
59. (1) Subject to regulation 48(1), any claim with a nutrition or health 
message, is applicable for the end product  as intended for sale.  
 
(2) Any claim that describes the level of a nutrient contained in the 
foodstuff or the energy provided by the foodstuff  must  comply with the applicable 
conditions in these regulation s.  
 
(3) When a nutrient content or energy claim that is listed in Table 2  is 
made, the conditions specified in Table 2  for that claim apply.  
 
(4) A nutrient content or energy claim may not be worded in any other 
way than the stipulated  wording as specified in column 2 of Table  2, Parts A and B . 
 
(5) A person may not  use words such as “good source” or “enriched” or 
“enriched with (name of nutrient)” or any similar wording in relation to energy or the 
nutrients mentioned in Table 2  of regulation 65 as a substitute for the prescribed wording 
options for claims in column 2 of Table 2 , Part B . 
 
(6) A person may not  use words such as “X% fat free ” (or any other 
nutrient  or energy  referred to in Part A of Table 2 ) free as a substitute for the prescribed 
wording options in Table 2 , Part A.  This gazette is also available free online at www.gpwonline.co.za100  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
88 
 
 
  
(7) (a) In the case where a mineral  (such as iron oxide)  is added to 
a foodstuff , the name of the compound from which the elemental mineral was derived 
must  be listed in the list of ingredients .  
(b) The name  of the elemental mineral  (such as iron)  only must  
be mentioned in the appropriate table with nutritional information.  
 
(8) (a) Vitamins and minerals which are present , either naturally or 
added, in amounts of less than 5% of the NRV for individuals from 37 months and older 
as referred to in Annexure 3 pe r single portion  or serving , must  not be declared in the 
nutritional information  or facts  table, except in the case of food vehicles and packaged 
water : Provided that where vitamins or minerals are present in amounts between 5 % and 
15% of the NRVs , they may be listed in the nutritional information table but no claim for 
any of them is permitted .  
(b) Where vitamins or minerals are present in significant amounts 
of 15% or higher per serving, the Table below  can be consulted to determine — 
(i) whether the said vitamins or minerals may be listed in the  nutritional information  or 
facts  table;  
(ii) whether claims are allowed; and  
(iii) what the prescribed wording for claims  would be. 
 
NRV for vitamins and 
minerals  May a claim be made?  May it be listed 
in the nutritional 
information 
table? 
0 - <5% No No 
5% - <15%  No Yes, voluntary  
15% - < 30%  Yes – “source of”  or “contains” 
or “with added”  Yes, mandatory  
30% or more  Yes – “high in”  Yes, mandatory  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  101
89 
 
 
 NRV for vitamins and 
minerals  May a claim be made?  May it be listed 
in the nutritional 
information 
table? 
60% or more  Yes – “very  high in”  or “excellent 
source”  Yes, mandatory  
 
(9) Where two or more conditions for a nutrient content claim are 
required in Table 2 , (Parts A and B ), the foodstuffs  must  meet all the conditions in order 
to qualify for the claim.  
 
Dietary fibre  content claims  
 
60. (1)  Subject to applicable conditions in Table 1 — 
(a) the analytical values for dietary fibre content must  be indicated in the table with 
nutritional information as required per Annexure 2 and the method of analysis used 
to measure the dietary fibre content must  be indicated beneath the nutritional 
informatio n or facts t able as a footnote , or in parenthesis after the word dietary 
fibre in the afor ementioned table : Provided that — 
(i) the method of analysis used to measure dietary fibre corresponds  with the 
applicable criteria in Table 2 , Part B; 
(ii) where the a nalytical method also measures non -carbohydrate components 
such as lignin which is naturally associated with the polysaccharides in plant 
cell walls or where lignin  and other associated non -carbohydrate 
components were extracted and reintroduced into the f oodstuffs at any 
stage , these non -carbohydrate components must  be considered part of 
dietary fib re; and  
(iii) any Maillard reaction products must , if present, be quantified and subtracted 
from the total to obtain the correct value for dietary fibre.  
(b) and subject to regulation 59(9), any suitable method as indicated in the Guideline  
2 to measure dietary fibre, may be used ; and  This gazette is also available free online at www.gpwonline.co.za102  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
90 
 
 
 (c) synthetic edible carbohydrate polymers or purified non -starch polysaccharides 
such as powdered cellulose (INS 460ii) and cellulose gum (INS 466) require pre -
market appro val, if used to make a content claim.  
 
(2) A dossier must  be prepared and submitted to the Directorate: Food 
Control that demonstrat es whether  INS 460ii and INS 466 have  the same health benefits 
as non -starch polysaccharides from fruits, vegetables,  and wholegrains, using Guideline 
15 “Guidance document for preparing a submission of food health claims”  and submitting 
it to the Directorate: Food Control, Department of Health . 
 
Protein content claims  
 
 61. A claim may not be made on the label of a foodstuff  regarding the protein 
content of that foodstuff , unless the following requirements are complied with:  
(a) the conditions, as applicable, specified in Table 2 , Part B  must be met ; and 
(b) the foodstuff  must  provide protein quality of which the analysed amino acids of the 
foodstuffs , must  contain at least 100% of each of the amino acids as per the 
reference amino acids p attern listed in Annexure 4. 
 
Fatty acid content claims  
 
 62. In addition to the conditions of Table 2 , Parts A and B, where a nutrient 
content claim is made  regarding the amount of total fat or the amount or type of any fatty 
acid or cholesterol,  excluding omega -3 fatty acids , the real analytical values of all the 
following fatty acid components and cholesterol must  be indicated in the table with 
nutritional information, immediately after the declaration of total fat: 
Total Fat      …   g 
  of which  saturated  fatty acids    … g 
  of which trans  fat as defined in the latest version of Regulations Relating 
  to Trans -fat, R127 of 17 February 2011   .. .g 
monounsaturated  fatty acids   …g This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  103
91 
 
 
 polyunsaturated fatty acids    …g 
Cholesterol      …mg    
 
Omega -3 fatty acid content claims  
 
 63. For claims , particularly on omega -3 fatty acids, all the omega -3 fatty acid s 
must  be specified,  and the real analytical values of all the following fatty acid components 
must  be indicated in the table with nutritional information, immediately after the 
declaration of fat: 
Total Fat     …g 
of which saturated fatty acids  ...g 
  monounsaturated  fatty acids …g 
  polyunsaturated fatty acids  …g 
  of which omega -3 fatty acids…mg  
   of which  ALA  …mg  
EPA  …mg  
DHA   …mg  
DPA  …mg  
 
Content claim for antioxidant  as nutrient  
 
64. (1) Subject to the requirements of these regulations, no content claim 
for an antioxidant as nutrient , especially vitamins A, C or E, riboflavin, copper, selenium, 
zinc, polyphenols in olive oil, beta carotene, lycopene, lutein,  or zeaxanthin,  may be 
made.  
 
  (2) A generic claim  or generic reference on a label or in advertising about 
the presence of an “antioxidant” in a foodstuff  may not  be made unless the antioxidant as 
a nutrient is identified by the specific name of the  anti-oxidant  as nutrients in subregulation 
(1), followed by the word “antioxidant” (e.g. “Vitamin C (Antioxidant )”): Provided that the 
minimum amount of the particular antioxidant present in a single portion  or serving  is not This gazette is also available free online at www.gpwonline.co.za104  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
92 
 
 
 less than 30% of the NRV for the particular antioxidant , and in the case of the carotenoids: 
beta-carotene, lycopene, lutein and zeaxanthin , for which an NRV does not yet exist, the 
value consistent with “high in” in Table 2 , must  be considered the minimum amount per 
single portion  or serving . 
 
(3)  Reference to the ORAC score may not be made about an 
“antioxidant” naturally present in or added to a foodstuff . 
 (4) For the purposes of this regulation: - 
(a)  “ORAC” means Oxygen Radical Absorption Capacity assay which 
measures the degree of inhibition of peroxy -radical -induced oxidation by the compounds 
of interest in a chemical milieu and measures the value as Trolox equivalents and 
includes both inhibition t ime and the extent of inhibition of oxidation; and  
(b) “antioxidant as nutrient” for the purpose of nutrient content claims, 
means vitamins A, C or E, riboflavin, copper, selenium, zinc, polyphenols in olive oil, beta 
carotene, lycopene, lutein,  or zeaxant hin; 
 
Ingredient content claims  
 
 65. (1) The claims  in subregulations (2) to ( 7) are considered nutrient 
content claims and are subject to the same conditions  that are applicable to nutrient 
claims unless otherwise indicated . 
 
  (2) Claims that meat  is trim, lean, extra lean,  or similar claim s: In the 
case of minced  meat , processed meat and  fresh, raw -processed meat and poultry cuts 
the percentage fat must  be indicated on the scale label  or following the product name:  
 
Lean, trim or trimmed of fat or any 
similar wording > 5 to < 10% of fat as analysed  
Extra lean, extra trim or any similar 
wording < 5% of fat as analysed  
   This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  105
93 
 
 
 (3) (a) When a polyol is used as a sweetener in a foodstuff — 
(i) the relevant nutritional information must  be indicated in the space provided 
for it in the nutritional information  or facts ta ble as per point 1.2 of Annexure 
2; and  
(ii) if the foodstuff  qualifies for a claim “sugar -free”, the statement “Not an 
energy -free foodstuff ” must  appear directly beneath the claim.  
(b) A foodstuff  contai ning polyols in excess of 50g/kg of the end product must  be 
labelled with the expression “excessive consumption may have a laxative effect ”: 
Provided that for sugar -free chewing gum the statement is required if the polyol  
content of the product exceeds 250g/kg.  
 
(4) (a) An ingredient content claim which refers to “wholegrain s” in any 
manner is permitted if— 
(i) in the case where recombined or wholegrain  flour or meal  is used in a 
foodstuff, the claim “ wholegrain ” must  be preceded by word “recombined”, 
and in the case of wholegrain  flour or meal  followed by the word “flour”  or 
“meal” ;  
(ii) the percentage QUID as well as the GI category for wholegrain, recombined  
wholegrain flour/meal , partially wholegrain  or partially wholegrain  foodstuff , 
whatever the case may be , must  be indicated as part of the content claim 
as follows:  
“A (QUID) % wholegrain  [name of grain] or partially wholegrain  [name of 
grain] or recombined wholegrain  (name of the grain) flour  or meal f oodstuff : 
Provided that a logo for the wholegrain concept may only be used if not less 
than 97% of the product consist s of wholegrains.  
  (b) A logo depicting the wholegrain concept  is permitted if the end 
product  contains at least 75% whole grains.  
 
(5) Claims that a foodstuff contains  prebiotics : In order to make a content 
claim about any prebiotic — This gazette is also available free online at www.gpwonline.co.za106  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
94 
 
 
 (a) the foodstuff  must  have at least 2g pure prebiotic per  single portion  or serving  
(solids and liquids) ; 
(b) the prebiotic must  be one or more or a combination of the following prebiotics:  
(i) trans -galacto -oligosaccharide ; 
(ii) inulin ; 
(iii) oligofructose; 
(iv) fructo -oligosaccharides  (FOS);  or 
(v) galacto -oligosaccharides  (GOS);  
(c) the type of prebiotic  and the source  thereof in brackets must  be declared in the list 
of ingredients and the amount there of must  be declared in the nutritional 
information /facts  table in the designated place according to point 1.2 of Annexure 
2; and  
(d) where the criteria mentioned in regulation 63  for a content claim for prebiotics are 
complied with, the following generic health claim may be used on the label: 
“Prebiotics beneficially affects the intestinal flora by selectively stimulating the 
growth of the good  or beneficial gut flora  or micro -organisms  or positively affects 
intestinal health. ” 
 
  (6) Non-addition claim s related to foodstuffs means any claim where 
mono -and disaccharide -containing ingredient or sodium chloride or any sodium salt has  
not been added to a foodstuff, either directly or indirectly where the ingredient is one 
whose presence or addition is permit ted in the foodstuffs and which consumers would 
normally expect to find in the foodstuff — 
(a) Claims regarding the non -addition of any mono - and disaccharides to a foodstuf f 
such as no  sugar”, “no sugar added ”, “no added sugar”  or “no free sugar”  or other 
words with a similar meaning, may not be made for end product foodstuff unless —  
(i) the end product is a single ingredient agricultural product  of which  intrinsic sugar s 
are naturally occurring, are always accompanied by other nutrients and therefore 
form an inherent  part of  the foodstuff;  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  107
95 
 
 
 (ii) the end product is a fresh, single fruit juice or a single , fresh vegetable juice as 
defined by these or relevant regulations under the Agricultural Product Standards 
Act; 
(iii) the end product is not a fruit or vegetable juice or concentrate t hereof, which is 
blended with another fruit juice or concentrate thereof in  order to comply with a 
certain sweetness (brix) requirement provided for in the relevant regulations under 
the Agricultural Product Standards Act ;  
(iv) the foodstuff contains no compound ingredients  of which any sugar  is an ingoing 
ingredient  or intrinsi c sugar  (such as but not limited to jams, jellies, sweet  
confectionary and chocolate , sweetened fruit pieces );  
(v) no sugar s or source thereof have been added to the food stuff,  irrespective of the 
technological purpose thereof , (such as but not limited to sucrose, glucose, 
fructose, lactose, honey, molasses, corn and other syrup s, malt, isomaltulose , 
whey powder, milk solids ) and irrespective of whether the added sugar or source 
is an intrinsic or an added sugar) ; or 
(vi) the sugar content of the foodstuf f itself has not been increased above the amount 
contributed by the ingredients, by some other means such as the use of enzymes 
to hydrolyse starches to release sugars . 
(b) Claims regarding the non -addition of sodium salts to a foods tuff, including “no 
added salt”, may be made if— 
(i) the foodstuff contains no added sodium salts;  
(ii) the foodstuff contains no ingredients that contain added sodium salts;  
(iii) the foodstuff contains no ingredients that contain sodium salts that are us ed to  
substitute for added salt . 
(7) Nutrient  or ingredient content claims may only be used for ready -to-
eat foodstuffs . 
 (8) For the purposed of this regulation,  
(a) “added or free sugar”  means any food containing monosaccharides and 
disaccharides, added to foods and beverages during processing and production; 
and This gazette is also available free online at www.gpwonline.co.za108  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
96 
 
 
 (b) “Intrinsic sugar”  means sugars which form an inherent part of certain 
unprocessed single ingredient agricultural foodstuffs  which are naturally 
occurring and are always accompanied by other nutrients.  
(9) In addition to  the requirements  of regulation  59 the following 
conditions for content claims are applicable: 
 
TABLE 2 : PART  A - CONDITIONS FOR CONTENT CLAIMS   
NUTRIENT  AND ENERGY  
Part A CLAIM  CONDITIONS  
NOT MORE THAN 
I 2 3 
Energy  Low 170kJ per 100g 
(solids*)80kJ per 100ml 
(liquids*)  
Virtually free or free 
from 8 kJ per 100ml (liquids*)  
Fat Low 3 g per 100g (solids*)  
1.5g per 100 ml (liquids*)  
Virtually free or free 
from 0.5g per 100g/ml  
Saturated fatty acids   
for the purpose of nutritional 
information  table  and front -of-
pack labeling means — 
(a) when a claim with a health 
or nutrition message is made, the 
sum of the weight of individual 
saturated fatty acids obtained 
through chemical analysis (AOAC 
996.06 or equivalent method); or  
(b) when no claim with a 
health or nutrition message is Low 1,5g per 100g (solids*)  
0,75g per 100ml (liquids*)  
and for both solids and 
liquids, not more than 10% 
of energy  
Virtually free or free  
from 
 0,1g per 100g (solids*)  
0,1g per 100ml (liquids*)  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  109
97 
 
 
 NUTRIENT  AND ENERGY  
Part A CLAIM  CONDITIONS  
NOT MORE THAN 
I 2 3 
made, the sum of the weight of 
individual saturated fatty acids. 
(This definition refers to 'total 
saturated fatty acids' as reported 
in food composition tables and is 
applicable where the nutrient 
values for single ingredient foods 
are used from the food 
compositio n table in the South 
African Food Data System 
(SAFOODS) or suitable 
international food composition 
tables) for direct labelling or for 
recipe calculations);  
Cholesterol  Low 20mg per 100g (solids*)  
10mg per 100ml (liquids*)  
Virtually free or free  
from 
 5mg per 100g (solids*)  
5mg per 100ml (liquids*)  
and for both claims, low 
and free of, less than:  
1.5g saturated fat and 
trans -fat combined per 
100g (solids) or 0,75g 
saturated fat per 100 ml 
(liquids)  
and 10% ** of energy from 
saturated fat  This gazette is also available free online at www.gpwonline.co.za110  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
98 
 
 
 NUTRIENT  AND ENERGY  
Part A CLAIM  CONDITIONS  
NOT MORE THAN 
I 2 3 
Sugars ( any m ono – and 
disaccharides)  
 Virtually free or free  
from 
This claim shall only 
be permitted when 
total sugar content 
of end product is < 
0,5 g per 100 g/ml  0,5g per 100g/ml*  
Sodium  Low 120mg Na per 100g*  
(equals 30 0mg NaCl)  
Very low  40mg Na per 100g*  
(equals 10 0mg NaCl)  
Virtually free or free  
from 5mg Na per 100g*  
(equals 13mg NaCl)  
 
TABLE 2 : PART B - CONDITIONS FOR CONTENT CLAIMS   
NUTRIENT  
Part B CLAIM  CONDITIONS  
NOT LESS THAN * 
I 2 3 
Energy : claim only permitted for 
energy obtained from a 
carbohydrate, or fat or protein 
source and exclude s any central 
nervous system stimulation effect 
obtained from caffeine  or other 
stimulants  “Source of ” 80kJ per 100ml  
“High in ” 950kJ per 100g or  
250kJ per 100ml  
1. Dietary Fibre as measured by 
the latest update of the Englyst “Source of” or 
“contains” or “with 
added”  2.4 g per 100g (solids)  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  111
99 
 
 
 NUTRIENT  
Part B CLAIM  CONDITIONS  
NOT LESS THAN * 
I 2 3 
method as stipulated in the table 
in Guideline 1)  “High in”  4.8 g per 100g (solids)  
“Very high in” or 
“excellent source”  9.6 g per 100 g (solids)  
2. Dietary Fibre as measured by 
the latest update of the specific 
general AOAC method used 
which are listed in the table in 
Guideline 1)  “Source of” or 
“contains” or “with 
added”  3 g per 100g (solids)  
“High in”  g per 100g (solids)  
“Very high in” or 
“excellent source”  12 g per 100g (solids)  
Protein  “Source of” or 
“contains” or “with 
added”  10g per 100g (solids*)  
5g per 100ml (liquids*)  
“High in ” 10g per 100g (solids*)  
5g per 100ml (liquids*) and 
for both solids and 
liquids,5g per 418kJ  
Polyunsaturated fatty  acids  for 
the purpose of nutritional 
information  table  and front -of-
pack -labeling means — 
 (PUFA’s)  
 (a) when a claim with a health 
or nutrition message is made, the  
sum of the weight of only the cis 
form of individual polyunsaturated 
fatty acids obtained through 
chemical analysis (AOAC 996.06 
or equivalent method); or  “Source of” or 
“contains” or “with 
added”  > 45% ***PUFA’s and  
Polyunsaturated fatty acids 
provide more than 20 % of 
energy of the end product  
0g Trans  fatty acids  
“High in ” > 60% ***PUFA’s and 
Polyunsaturated  fatty acids 
provides more than 20 % of 
energy of the end product  
0.g Trans  fatty acids  This gazette is also available free online at www.gpwonline.co.za112  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
100 
 
 
 NUTRIENT  
Part B CLAIM  CONDITIONS  
NOT LESS THAN * 
I 2 3 
(b) when no claim with a 
health or nutrition message is 
made, the sum of the weight of 
individual po lyunsaturated fatty 
acids. (This definition refers to 
'total polyunsaturated fatty acids' 
as reported in food composition 
tables and is applicable where 
the nutrient values for single 
ingredient foods are used from 
the food composition table in the 
South A frican Food Data System 
(SAFOODS) or suitable 
international food composition 
tables) for direct labelling or for 
recipe calculations. In some food 
composition tables, the value 
may include the cis as well as the 
trans  form of polyunsaturated 
fatty acids;  
Monounsaturated fatty acids 
(MUFA’s)  for the purpose of 
nutritional information table 
means—  
(a) when a claim with a health 
or nutrition message is made, the 
sum of the weight of only the cis 
form of individual “Source of” or 
“contains” or “with 
added”  >45% *** MUFA’s and  
Mono unsaturated fatty 
acids provide more than 20 
% of energy of the end 
product  
0.g Trans  fatty a cids 
“High in”  >60%*** MUFA’s and  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  113
101 
 
 
 NUTRIENT  
Part B CLAIM  CONDITIONS  
NOT LESS THAN * 
I 2 3 
monounsaturated fatty acids 
obtained through chemical 
analysis (AOAC 996.06 or 
equivalent method); or  
(b) when no claim with a 
health or nutrition message is 
made, the sum of the weight of 
individual monounsaturated fatty 
acids. (This definition refers to 
'total monounsaturated fatty 
acids' as reported in food 
composition tables and is 
applicable where the nut rient 
values for single ingredient foods 
are used from the food 
composition table in the South 
African Food Data System 
(SAFOODS) (or suitable 
international food composition 
tables) for direct labelling or for 
recipe calculations. In some food 
composition tables, the value 
may include the cis as well as the 
trans  form of monounsaturated 
fatty acids);  Monounsaturated fatty 
acids provide more than 20 
% of energy of the end 
product  
0.g Trans  fatty acids  
Omega -3 “omega -3 fatty acids”  
means one or more of the 
following:  “Source of” or 
“contains” or “with 
added”  0.3g (300 mg) alpha -
linolenic acid per 100g and 
per 418 kJ, or 40mg of the This gazette is also available free online at www.gpwonline.co.za114  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
102 
 
 
 NUTRIENT  
Part B CLAIM  CONDITIONS  
NOT LESS THAN * 
I 2 3 
(a) Alpha -linolenic acid (ALA);  
(b) omega -3 derivative 
docosahexaenoic acid (DHA 22: 
6
3); 
(c) omega -3 derivative 
eicosapentaenoic acid (EPA 
20:5
 3); and  
(d) omega -3 derivative 
ocosapentaenoic acid (DPA 
 3, 
22:5
 3) 
fatty acids  sum of Eicosapentanoic 
acid (EPA) and 
Docosahexaenoic acid 
(DHA) per 100g and per 
418 kJ  
“High in”  0,6g (600 mg) alpha -
linolenic acid per 100g and 
per 100k J, or 80mg of the 
sum of Eicosapentanoic 
acid (EPA) and 
Docosahexaenoic acid 
(DHA) per 100g and per 
100k J  
“Very high in” or 
“excellent source”  1,2g (1200 mg) alpha -
linolenic acid per 100g and 
per 100k J, or 160mg of the 
sum of Eicosapentanoic 
acid (EPA) and 
Docosahexaenoic acid 
(DHA) per 100g and per 
100k J 
Vitamins and minerals , excluding 
Sodium “Source of” or 
“contains” or “with 
added”  15% of NRV** per serving  
“High in”  30% of NRV** per serving  
“Very high in” or 
“excellent source”  60% of NRV** per serving  
Carotenoids:  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  115
103 
 
 
 NUTRIENT  
Part B CLAIM  CONDITIONS  
NOT LESS THAN * 
I 2 3 
Beta-carotene  “Source of” or 
“contains” or “with 
added”  0.5 mg per 100g  
“High in”  2 mg per 100g  
Lycopene  “Source of” or 
“contains” or “with 
added”  0.5 mg per 100g  
“High in”  2 mg per 100g  
Lutein  “Source of” or 
“contains” or “with 
added”  0.5mg per 100g  
“High in”  2 mg per 100g  
Zeaxanthin  
 “Source of” or 
“contains” or “with 
added”  0.1mgper 100g  
“High in”  0.5mgper 100g  
* refers to end product  
** NRV’s for individuals from the beginning of 37 months and older  
*** of total energy from fat  
 
TABLE 2: PART  C - CONDITIONS FOR CONTENT CLAIMS  
COMPONENT  
Part C CLAIM  CONDITIONS  
NOT MORE THAN 
Alcohol  Non-alcoholic  or de -
alcholised*  0.5 % by volume*  
 Virtually free or free 
from 0.05 % by volume * This gazette is also available free online at www.gpwonline.co.za116  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
104 
 
 
 Caffeine  Free from or in the 
case of pure coffee  3 mg per kg  
* Subject to  regulation 9(4)  dealcoholized beer and liquor  products including wine 
as defined under the Liquor Products Act , where the alcohol has been removed from .     
 
Comparative claims  
 
66. (1) A claim which compares the fat, saturated fat, cholesterol, total 
sugar, total sodium  or salt content , or energy value of two or more similar foodstuffs  
manufactured by the same company by using one of the following words or a similar word 
“reduced”, “less than”, “fewer”, “light”, “lite”, is permitted if— 
(a) the foodstuff s being compared are different versions of the same or similar 
foodstuffs  which should be described in such a manner that they can be readily 
identified by consumers ; 
(b) the foodstuffs  being compared are clearly labelled as follows:  
(i) A statement is given of the amount of difference in the energy value or 
relevant nutrient or alcohol, expressed as a percentage;  and 
(ii) the identity of the foodstuffs  to which the foodstuff  is being compared, 
appears in close proximity to the comparative claim ; 
(c) the comparison is based on a relative difference of — 
(i) at least 25% in the  macronutrient , including  sodium or salt content ; 
(ii) a minimum absolute difference of not less than 15%  of the NRV for 
micronutrients  in the absence of a NRV value a minimum absolute 
difference of not less than an equivalent value to the figure defined as “low” 
for energy in Table 2 ;  
(d) the c omparison is based on an equivalent mass , volume  or single portion/serving  
(refer to Guideline 1 1 for examples of how the percentage of difference can be 
calculated);  
(e) the foodstuff  is labelled with the mandatory minimum  nutritional information 
declaration referred to in point 1 of Annexure 2, as well as nutritional information This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  117
105 
 
 
 relevant  to the comparative claim in terms of the specific nutrient  or energy content 
of both foodstuffs ; 
(f) the following information is stated in the claim : 
(i) the specific nutrient mentioned in subregulation  (1) or energy, whichever 
relate s to the comparison;  
(ii) a full description of the two foodstuffs  that are being compared ; and 
(iii) the exact amounts of each of the two foodstuffs  that are being compared . 
 
 (2) A comparative claim  such as “more than”, “increased” or that directly 
or indirectly compares the micronutrient  content of a foodstuff  with that of another 
foodstuff  is prohibited for  physiologically beneficial nutrients such as vitamins, minerals, 
bioflavonoids, carotenoids,  or other beneficial foodstuffs  constituents , except for the 
cases mentioned in subregulation (6)  unless — 
(a) the comparison is based on an absolute difference of a t least an equivalent to the 
figure defined as “high in” in Table 2; and  
(b) is labelled similarly to the principles in subregulation (1).  
 
  (3) A co mparative claim is not allowed for foodstuffs  for which 
compositional standards exist under the Agricultural Product Standards Act  and the 
Compulsory Specifications Act unless  specific provision is made in these standards to 
accommodate comparative claims.  
 
(4) Foodstuffs  for which a class or categor y name exists under the 
Agricultural Product Standards Act , and the Compulsory Specifications Act , in which 
words that could indicate a comparative or nutrient content claim,  and which are listed in 
Guideline 12 may not be regarded as a comparative or a nutrient content claim.  
 
(5) Notwithstanding the requirements  of subregulation (1)(c), a foodstuff  
that is required by t he Regulations Relating to the Reduction of Sodium in Certain 
Foodstuff , published under the Act,  to reduce the sodium content of certain foodstuffs  
according to the targets specific to the specific target dates may use the following This gazette is also available free online at www.gpwonline.co.za118  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
106 
 
 
 statement , if compliant with the aforementioned Regulations’ targets and dates of 
implementation : “Reduced Sodium  or salt according to national goals in the public’s 
interest to lower blood pressure ”. 
 
(6) Subject to the Regulations Relating to the Labelling of Food stuffs 
Obtained through certain techniques of genetic modification (Government Notice No. R. 
25 of 16 January 2004 ), made under the Act  and regulation 5 9(8)(b) and notwithstanding 
the requirements of subregulation (1)(c),  in the case of single ingredient agricultural food 
crops or produce , where improved nutritional quantity  that was obtained th rough 
intervention in agricultural practice, excluding the addition of nutrients through enrichment 
or fortification as defined, the percentage increase  of the particular nutrient in the 
nutritionally  single ingredient agricultural food crop or produce, compared to the 
conventional crop or produce, must  be clearly indicated on the label in a mandatory 
statement that must  accompany the comparative claim to the effect that “The 
(percentage) higher level of (name of specific nutrient)” is the result of (statement 
explaining the source of the higher nutrient  content) .  
 
Glycaemic Index (GI) Category and Glycaemic Load (GL) nutritional information 
claim s 
 
67. (1) The GI category nutritional information claim must, if  or when used, 
be indicated as either category “Low”, “Intermediate” or “High”, whatever is applicable, as 
determined in accordance with the international standard method for GI testing, ISO 
26642 and must not include any method whereby a GI value is calculated to determine 
its category.  
 
(2) The declaration of the GI category is vali d only when the results of two 
independent laboratories correspond in likewise manner.  
 
(3) The GI category and GL nutritional information claim - 
(a) is only applicable for a foodstuff with — This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  119
107 
 
 
 (i) a glycaemic carbohydrate content of 40% or more of the total energy value 
of the foodstuff;  
(ii) a fat content less than or equal to 30% of the total energy value of the 
foodstuff; and  
(iii) a total protein content less than or equal to 42% of the total energy value of 
the foodstuff;  
(b) is not valid for foodstuffs  containing less than 10g glycaemic carbohydrates per 
single portion  or serving.  
 
(4) A GI category nutritional information claim must not be indicated by a 
specific numerical value but must, if used, be indicated,  or ranked as low, intermediate,  
or high GI  on the last line of the table with nutritional information: Provided the GI category 
corresponds with the conditions described in Table 3 below:  
 
TABLE 3: CONDITIONS  FOR GI CATEGORY  
GI CATEGORY  CONDITION  
(Values indicated to indicate GI categories; not for 
labelling purposes)  
Low GI  GI Value: 0 to 55  
Intermediate GI  GI value: 56 to 69  
High GI  GI value: >70  
 
(5) The GI, if  or when used, must  always be indicated together with the 
GL and never shall either be indicated in isolation . 
 
(6) The GL is calculated according to the formula as defined in regulation 
(1). 
(7) (a) The GL information must  be expressed  per single portion  or 
serving, in numerical form, directly underneath the GI category on the bottom 2 lines of 
the nutritional information  or facts table in Annexure 2; and  
(b) the following statement must  appear below the Nutritional 
Information table,  boxed and in bold font:  This gazette is also available free online at www.gpwonline.co.za120  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
108 
 
 
 The GI and G L values are applicable only to the product concerned. The GI and/or 
GL may change depending on what accompanies the product in the meal or snack 
that it forms part of.  
  
(8) Subject to subregulation  (7), when the formulation of a foodstuff 
carrying a GI category is changed, the reformulated foodstuff shall be retested to ensure 
that the category displayed on the label is correct.  
 
PART V :  
 
HEALTH CLAIMS  
 
Function claims  
 
68. (1) For the purposes of this regulation a  function claim describes the 
physiological role and function of a nutrient or substance in growth, development and 
normal physiological functioning of the body and  may be made for the nutrients or 
comp onents listed in Table 4  below , by using the approved, appropriate wording in 
column 2 of Table 4 : Provided that —  
(a) no deviation from the approved wording listed in column 2 of Table 4 for a claim is 
permitted; and  
(b) where applicable, not all the claims listed per nutrient or substance need 
necessarily be used at all times , but additional information that needs to appear on 
a label where specifically indicated for a specific claim, must  appear with the claim 
in the same place on the lab el. 
 
(2) A function claim is not permitted — 
(a) for vitamins and minerals for which a NRV value is not provided in Annexure 3;  
(b) for any other substance not listed in Part B of Table 2 , unless specifically provided 
for in Table 4 . 
 This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  121
109 
 
 
 (3) In both cases of subregulation (2) (a) and (b), the foodstuffs  must  
contain , per single portion  or serving — 
(i) at least 30% of the NRV as indicated in Annexure 3 ; or 
(ii) in the case of carotenoids, at least the amount specified in  column 3 of Part 
B of Table 2 ; or  
(iii) the amount indicated in column 3 of Table 4 , whatever the case may be . 
 
  This gazette is also available free online at www.gpwonline.co.za122  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
110 
 
 
    TABLE 4 : APPROVED FUNCTION CLAIMS  
NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
Beta-carotene  • Beta-carotene c an be conv erted 
to Vitamin A in the body.  
• Beta-carotene f unctions as a 
tissue antioxidant and so keeps 
cells healthy.   
Betaine  
monohydrate 
(carboxymethyl -
trimethylazanium 
hydroxide)  Betaine contributes to normal 
homocysteine metabolism  
 The claim maybe used only 
for foodstuffs  which contains 
at least 500 mg of betaine 
per single portion/serving .  In 
order to bear the claim, 
information shall be given to 
the consumer - 
1. that the beneficial effect is 
obtained with a daily 
intake of 1.5g of betaine;  
2. that the daily intake in 
excess of 4g may 
significantly increase 
blood cholesterol levels ; 
and This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  123
111 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
3. name additionally at least 
three of the following 
foodstuffs  that naturally 
conta ins betaine: 
shellfish, spinach, wheat 
germ and bran, sugar 
beets.  
Biotin  • Biotin is n ecessary to normal fat 
metabolism and energy 
production  / helps the body with 
the transformation of fats and 
carbohydrates into energy / 
contributes to normal energy -
yielding metabolism / Involved 
in fatty acid formation, energy 
transformation from fats, 
carbohydrates & proteins / 
contributes to normal 
macronutrie nt metabolism  
• Biotin c ontributes to healthy 
normal growth, development,  
and body maintenance.   This gazette is also available free online at www.gpwonline.co.za124  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
112 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
• Biotin c ontributes to normal 
functioning of the nervous 
system  
• Biotin c ontributes to normal 
psychological function  
• Biotin c ontributes to the 
maintenance of normal  hair 
• Biotin c ontributes to the 
maintenance of normal mucous 
membranes  
• Biotin c ontributes to the 
maintenance of normal skin  
• Biotin  aids in utilisation of other 
B-complex vitamins.  
Boron  Boron is a  factor in the maintenance 
of good health   
Calcium  • Calcium is n ecessary to 
maintain healthy bones and 
teeth  
• Calcium is n ecessary for normal 
nerve and muscle function  / is  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  125
113 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
needed for muscular growth and 
contraction and prevents 
muscle cramps.  
• Calcium is n ecessary for normal 
blood coagulation (clotting)  / is 
essential in blood clotting  
• Calcium c ontributes to normal 
energy -yielding metabolism  
• Calcium c ontributes to normal 
neurotransmission  
• Calcium c ontributes to normal 
function of digestive enzymes  
• Calcium h as a role in the 
process of cell division and 
specialisation  
• Calcium  is importan t for healthy 
regular heartbeat  
Choline  
 • Choline c ontributes to normal 
homocysteine metabolism  
• Choline c ontributes to normal 
lipid metabolism  The claim may only be used 
for foodstuffs  which contains 
at least 83mg of choline per This gazette is also available free online at www.gpwonline.co.za126  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
114 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
• Choline c ontributes to the 
maintenance of normal liver 
function  
• Choline is n eeded for proper 
transmission of nerve impulses 
from brain through central 
nervous system.  
• Choline a ids in hormone 
production.  
• Choline a ids in fat and 
cholesterol metabolism.  
• Choline is n eeded for brain 
function and memory.  single portion/serving  of 
foodstuffs  
Chromium  • Chromium c ontributes to normal 
macronutrient metabolism  
• Chromium c ontributes to the 
maintenance of normal blood 
glucose levels  
• Helps the body to 
metabolize  carbohydrates , 
and fats   This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  127
115 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
Co-enzyme Q10  • Co-enzyme Q10 aids in the 
production of ATP, an 
immediate source of cellular 
energy.  
• Co-enzyme Q10 p lays a role in 
maintaining a healthy heart  Only Co-enzyme Q10 
naturally present in the 
foodstuffs  
Copper  • Copper  contributes to normal 
iron transport and metabolism  / 
contributes to normal iron 
transport in the body / aids in 
formation of haemoglobin and 
red blood cells  
• Copper contributes to cell 
protection from free radical 
damage  / contributes to the 
protection of cells from oxidative 
stress  
• Copper is necessary for normal 
energy production or contributes 
to normal energy - yielding 
metabolism   Printed by and obtainable from the Government Printer, Bosman Street, Private Bag X85, Pretoria, 0001
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9771682 58400348340iSSN 1682-5845This gazette is also available free online at www.gpwonline.co.za130  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
116 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
• Copper is necessary for normal 
neurological function  / 
contributes to normal 
functioning of the nervous 
system / is needed for healthy 
nerves and joints  
• Copper is necessary for normal 
skin and hair colouration  / 
contributes to normal hair and 
skin pigmentation/colouring  
• Copper contributes to 
maintenance of normal 
connective tissues  / works in 
balance with zinc and vitamin C 
to form elastin for a healthy skin 
/ contributes to normal 
connective tissue structure  
• Copper contributes to the 
normal function of the immune 
system  
• Copper aids in formation of 
bone  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  131
117 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
• Copper is involved in taste 
sensitivity  
Dietary  fibre that 
has effects on 
glucose and lipid 
absorption  Soluble dietary fibre p lays a role in 
glucose absorption and 
maintaining a healthy blood 
cholesterol level.   
Dietary  fibre that 
has more 
pronounced 
effects on bowel 
habits  Insoluble dietary fibre p lays a role in 
keeping the gut healthy  / contributes 
to regular laxation   
Fatty acids:  
Alpha -linolenic 
acid (ALA)  ALA contributes to the 
maintenance of normal cholesterol 
levels  The claim may be used only 
for a foodstuff  which contains 
at least 300mg alpha -
linolenic acid per 100g and 
per 418 kJ simultaneously. 
Information shall be given to 
consumers that the 
beneficial effect is obtained 
with a daily intake of 2 g ALA  This gazette is also available free online at www.gpwonline.co.za132  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
118 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
Linoleic acid 
(LA) Linoleic acid contributes to the 
maintenance of normal blood 
cholesterol levels  The claim may be used only 
for a foodstuff  which 
provides at least 1.5g of 
linolei c acid (LA) per 100g 
and per 418kJ 
simultaneously.  Information 
shall be given to consumers 
that the beneficial effect is 
obtain ed with a daily intake 
of 10g LA  
Unsaturated or 
polyunsaturated 
fatty acids  Replacing saturated fats with 
unsaturated fats in the diet 
contributes to the maintenance of 
normal blood cholesterol levels. 
Both Monounsaturated fatty acids 
(MUFAs) and Polyunsa turated fatty 
acids (PUFAs) are unsaturated 
fatty acids  Foodstuffs  shall be high in 
MUFAs or high in PUFAs, 
whatever is appropriate  
according to the criteria 
listed in Part B of Table 2  
Oleic acid  Replacing saturated fats with 
unsaturated fats in the die t 
contributes to the maintenance of 
normal blood cholesterol levels. • At least 70% of the fatty 
acids present in the 
product must  be derived 
from unsaturated fat; and  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  133
119 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
Oleic acid is an unsaturated fatty 
acid • Unsaturated fat provides 
more than 20% of energy 
of the product. 
Foodstuffs  with 
a low content of 
saturated fatty 
acids  Reducing consumption of 
saturated fat contributes to the 
maintenance of normal cholesterol 
levels  The claim may only be used 
for a foodstuff  low in 
saturated fat according to the 
criteria listed in Part A of 
Table 2  
Folate (but not 
folic acid)  • Folate contributes to maternal 
tissue growth during pregnancy  
• Folate contributes to normal 
amino acid synthesis  
• Folate contributes  to/is 
necessary for  normal blood 
formation  
• Folate contributes to normal 
homocysteine metabolism  
• Folate contributes to normal 
psychological function  
• Folate contributes to the normal 
function of the immune system   This gazette is also available free online at www.gpwonline.co.za134  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
120 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
• Folate contributes to the 
reduction of tiredness and 
fatigue  
• Folate has a role in the process 
of cell division / Necessary for 
normal cell division  
• Helps to form body proteins, 
genetic material,  and red blood 
cells.  
• Folate is essential for the 
normal development of the 
unborn baby.  
• Needed for energy production; 
involved in protein metabolism.  
Iodine  • Iodine is n ecessary for normal 
production of thyroid hormones  / 
Iodine  is needed for a healthy 
thyroid gland  
• Iodine is n ecessary for normal 
neurological development   This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  135
121 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
• Iodine is n ecessary for normal 
energy metabolism  
• Iodine c ontributes to normal 
growth and development in 
children  
• Iodine contributes to normal 
cognitive function  
• Iodine contributes to normal 
energy -yielding metabolism  
• Iodine contributes to normal 
functioning of the nervous 
system  
• Iodine contributes to the 
maintenance of normal skin  
• Iodine contributes to the normal 
production of thyroid hormones 
and normal thyroid function  
• Prevents goitre which , 
untreated , will lead to mental 
retardation  This gazette is also available free online at www.gpwonline.co.za136  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
122 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
Iron • Iron is n ecessary for normal 
oxygen transport  
• Iron c ontributes to normal 
energy production / energy -
yielding metabolism  
• Iron is n ecessary for normal 
immune system function  
• Iron c ontributes to normal blood 
formation  / contributes to normal 
formation of red blood cells and 
haemoglobin  / helps maintain 
healthy red blood cells, which 
play a role in oxygen 
transportation 
• Iron is n ecessary for normal 
neurological development in the 
foetus  
• Iron contributes to normal 
cognitive function  
• Iron contributes to normal 
oxygen transport in the body  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  137
123 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
• Iron cont ributes to the reduction 
of tiredness and fatigue  
Lactulose  Lactulose contributes to an 
acceleration of intestinal transit  / 
Lactulose is a laxative indicated in 
the case of chronic constipation  The claim may be used only 
for foodstuffs  which contains 
10g of lactulose in a single 
portion/serving . In order to  
bear the claim, information 
shall be given to consumers 
that the beneficial effect is 
obtained with a single 
portion/serving  of 10g 
lactulose per day. 
Lycopene  Lycopene is  a carotenoid which 
acts as a tissue antioxidant and so 
keeps cells healthy   
Lutei n Lutein is  a carotenoid, which acts 
as a tissue antioxidant, specifically 
important for eye health.   
Magnesium  • Magnesium c ontributes to 
normal energy metabolism  / 
energy -yielding metabolism   This gazette is also available free online at www.gpwonline.co.za138  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
124 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
• Magnesium is n ecessary for 
normal nerve and muscle 
function  / functioning of the 
nervous and muscle systems / 
Helps maintain a healthy 
muscle and nervous system  / 
Plays  a role in transmission of 
nerve and muscle impulses, 
therefore preventing irritability 
nervousness  
• Magnesium is n ecessary for 
normal electrolyte balance  
• Magnesium contributes to a 
reduction of tiredness and 
fatigue  
• Magnesium contributes to 
electrolyte balance  / aids in 
maintaining proper pH balance  
• Magnesium contributes to 
normal protein  synthesis  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  139
125 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
• Magnesium contributes to 
normal psychol ogical function 
• Magnesium contributes to the 
maintenance of normal teeth  
• Magnesium contributes to the 
maintenance of normal bones  / 
is necessary for teeth and bone 
structure / assists in calcium 
and potassium uptake and plays 
role in formation of bone  
• Magnesium has a role in the 
process of cell division  
• Magnesium  helps to utilise 
carbohydrates, proteins, fats & 
minerals; aids as vital catalyst in 
enzyme activity, especially 
those enzymes involved in 
energy production 
Manganese  • Manganese is n ecessary for 
normal bone formation , the 
formation of cartilage and  This gazette is also available free online at www.gpwonline.co.za140  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
126 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
lubrication of joints  / contributes 
to the maintenance of bone 
health  
• Manganes e contributes to cell 
protection from free radical 
damage  / contributes to the 
protection of cells from oxidati ve 
stress  
• Manganese contributes to 
normal energy -yielding 
metabolism  / is needed for 
protein and fat metabolism and 
used for energy 
production/ energy metabolism  
• Manganese contributes to the 
normal formation of connective 
tissue  
Molybdenum  • Molybdenum cont ributes to 
normal sulphur  amino acid 
metabolism  
• Molybdenum  promotes normal 
cell function   This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  141
127 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
• Molybdenum  aids in activation 
of certain enzymes  
Niacin  • Niacin is n ecessary for normal 
neurological function  / 
contributes to normal 
functioning of the nervous 
system  
• Niacin is n ecessary for normal 
energy release from foodstuffs  / 
contributes to normal energy -
yielding metabolism  
• Niacin is n ecessary for normal 
structure and function of skin 
and mucous membranes  / 
contributes to the maintenance 
of skin and mucous membranes  
• Niacin contributes to normal 
psychological function  
• Niacin contributes to the 
reduction of tiredness and 
fatigue   This gazette is also available free online at www.gpwonline.co.za142  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
128 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
Olive oil 
polyphenols  Olive oil polyphenols contribute to 
the protection of blood lipids from 
oxidative stress  The claim may be used only 
for Extra virgin or Virgin  olive 
oil which contains at least 
5mg of hydroxytyrosol and 
its derivatives  (e.g., 
oleuropein complex and 
tyrosol) per 20g (=22ml) of 
olive oil.  In orde r to bear the 
claim, information shall be 
given to the con sumer that 
the beneficial effect is 
obtained with a daily intake 
of 20g (=22ml) of Extra virgin 
or Virgin olive oil  
Pantothenic acid  • Necessary for normal fat 
metabolism  
• Pantothenic  acid contributes to 
normal energy -yielding 
metabolism  
• Pantothenic  acid contributes to 
normal synthesis and 
metabolism of steroid  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  143
129 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
hormones, vitamin D and some 
neurotransmitters  
• Pantothenic  acid contributes to 
the reduction of tiredness and 
fatigue  
• Pantothe nic acid contributes to 
normal mental performance  
Phosphorus  
 • Phosphorus  is necessary for 
teeth and bone structure  / 
contributes to the maintenance 
of normal bones  
• Phosphorus is n ecessary for 
normal cell membrane structure  
/ contributes to normal function 
of the cell membranes  
• Phosphorus is n ecessary for 
normal energy metabolism  / 
energy -yielding metabolism  
• Phosphorus contributes to the 
maintenance of normal teeth   This gazette is also available free online at www.gpwonline.co.za144  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
130 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
Potassium  • Potassium is n ecessary for 
normal water and elec trolyte 
balance  / works with sodium to 
control body’s water balance  
• Potassium contributes  to normal 
functioning of the nervous 
system  / aids in transmitting 
electrochemical impulses.  
• Potassium contributes to normal 
muscle function  / proper muscle 
contracti on 
• Potassium contributes to normal 
blood pressure  / Important for 
regular heart rhythm and 
maintenance of stable blood 
pressure.  The foodstuff  naturally 
contains no less than 200mg 
of potassium per serving  
 
Prebiotic  • Prebiotics such as [name of 
specific prebiotic] beneficially 
affects the intestinal flora by 
selectively stimulating the 
growth of the good/ beneficial 
gut flora/micro -organisms  / • The foodstuffs  shall have 
at least 2g pure prebiotic 
per single portion/serving ; This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  145
131 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
positively affects intestinal 
health; and  
• An average of 6g prebiotics is 
needed daily for general 
digestive health  
 • The prebiotic must  be one 
or combination of the 
following prebiotics: 
• trans -galacto -
oligosaccharide ; 
• inulin ; 
• oligofructose; 
• fructo -
oligosaccharides  (FOS);  
or 
• galacto -
oligosaccharides  (GOS). 
Protein  • Protein helps build and repair 
body tissues / is necessary for 
tissue building and repair  
• Protein contributes to the 
maintenance of muscle mass No claim/reference related to 
body building will be 
permitted  
Selenium  • Selenium is n ecessary for 
normal immune system function   This gazette is also available free online at www.gpwonline.co.za146  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
132 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
• Selenium is n ecessary for the 
normal utilization of iodine in the 
production of thyroid hormones  
• Selenium is n ecessary for cell 
protection from some types of 
free radical damage / 
contributes to the protection of 
cells from oxidative stress  
• Selenium contributes to normal 
spermatogenesis  
• Selenium contributes to normal 
hair 
• Selenium contributes to the 
maintenance of normal nails  
• Selenium contributes to the 
normal function of the immune 
system  
• Selenium contributes to the 
normal thyroid function  
Vanadium  A factor in the maintenance of 
good health   This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  147
133 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
Vitamin A  • Vitamin A is n ecessary for 
normal vision  / for the 
maintenance of good vision  
• Vitamin A is n ecessary for 
normal skin and mucous 
membrane structure and 
function  
• Vitamin A is n ecessary for 
normal cell differentiation  / cell 
specialisation  
• Vitamin A c ontributes to normal 
growth  
• Vitamin A contributes to normal 
iron metabolism  
• Vitamin A contributes to the 
maintenance of normal mucous 
membranes  
• Vitamin A contributes to the 
maintenance of normal skin  
• Vitamin A contributes to the 
maintenance of normal vision   This gazette is also available free online at www.gpwonline.co.za148  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
134 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
• Vitamin A contribut es to the 
normal function of the immune 
system  
Vitamin B 1 
(Thiamine)  • Thiamine is n ecessary for 
normal carbohydrate 
metabolism  
• Thiamine is n ecessary for 
normal neurological and cardiac 
function  
• Thiamine contributes to normal 
energy -yielding metabolism  / 
helps the body change  the 
foodstuffs  you eat into energy.  
• Thiamine contributes to the 
normal functioning of the 
nervous system  / maintains 
growth and healthy nerve 
function.  
• Thiamine contributes to normal 
psychological function   This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  149
135 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
• Thiamine contributes to the 
normal function of the heart  
Vitamin B 2 
(Riboflavin)  • Riboflavin contributes to normal 
iron transport and metabolism  / 
contributes to the maintenance 
of normal red blood cells  
• Riboflavin Contributes to normal 
energy release from foodstuffs  / 
helps the body change the 
foodstuffs  you eat into energy.  
• Riboflavin contributes to normal 
skin and mucous membrane 
structure and function  
• Riboflavin contributes  to normal 
functioning  of the nervous 
system  
• Riboflavin contributes  to the 
maintenance of  normal mucous  
membranes  
• Riboflavin contributes to the 
maintenance of normal skin   This gazette is also available free online at www.gpwonline.co.za150  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
136 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
• Riboflavin contributes  to the 
maintenance of normal vision  
• Riboflavin contributes to the 
normal metabolism of iron  
• Riboflavin contributes to the 
protection of cells from oxidative 
stress  
• Riboflavin contributes to the 
reduction of tiredness and 
fatigue  
Vitamin B 6 
(Pyridoxine) • Vitamin B 6 is necessary for 
normal protein metabolism  
• Vitamin B 6 is necessary for 
normal iron transport and 
metabolism  
• Vitamin B 6 contributes to normal 
cysteine synthesis  
• Vitamin B 6 contributes to normal 
energy -yielding metabolism  / 
helps the body change the 
foodstuffs  you eat into energy.   This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  151
137 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
• Vitamin B 6 contributes to normal 
functioning  of the nervous 
system  
• Vitamin B 6 contributes to normal 
homocysteine metabolism  
• Vitamin B 6 contributes to normal 
protein and glycogen 
metabolism  
• Vitamin B 6 contributes to normal 
psychological function  
• Vitamin B 6 contributes to normal 
red blood cell formation  
• Vitamin B 6 contributes to the 
normal function of the immune 
function  
• Vitamin B 6 contributes to the 
reduction of tiredness and 
fatigue  
• Vitamin B6 contributes to the 
regulation of hormonal activity  This gazette is also available free online at www.gpwonline.co.za152  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
138 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
Vitamin B 12 • Vitamin B 12 is necessary for 
normal cell division  / plays a role 
in the process of cell division  
• Vitamin B 12 contributes to 
normal blood formation  / 
contributes to normal red blood 
cell formation  
• Vitamin B 12 contributes to 
normal energy -yielding 
metabolism  
• Vitamin B 12 contributes to 
normal functioning  of the 
nervous system  / is necessary 
for normal neurological structure 
and function  
• Vitamin B 12 contributes to 
normal homocysteine 
metabolism  
• Vitamin B 12 contributes to 
normal psychological function   This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  153
139 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
• Vitamin B 12 contributes to the 
normal function of the immune 
system  
• Vitamin B 12 contributes to the 
reduction of tiredness and 
fatigue  
Vitamin C  
(Ascorbic acid ) • Vitamin C c ontributes to iron 
absorption from foodstuffs  / 
helps with the absorption of iron 
from foodstuffs  / increases iron 
absorption  / increases iron 
absorption  
• Vitamin C is n ecessary for 
normal connective tissue 
structure and function  
• Vitamin C is n ecessary for 
normal blood vessel structure 
and function  
• Vitamin C c ontributes to cell 
protection from free radical 
damage   This gazette is also available free online at www.gpwonline.co.za154  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
140 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
• Vitamin C is n ecessary for 
normal neurological function  
• Vitamin C contributes to 
maintain the normal function of 
the imm une system during and 
after intense physical stress  
• Vitamin C  contributes to normal 
collagen formation for the 
normal function of blood vessels  
• Vitamin C  contributes to normal 
collagen formation for the 
normal function of bones`  
• Vitamin C  contributes to normal 
collagen formation for the 
normal function of cartilage  
• Vitamin C  contributes to normal 
collagen formation for the 
normal function of gums  
• Vitamin C  contributes to normal 
collagen formation for the 
normal function of skin  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  155
141 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
• Vitamin C  contributes to normal 
collagen formation for the 
normal function of teeth  
• Vitamin  C contributes to normal 
energy -yielding metabolism  
• Vitamin  C contributes to normal 
functioning of the nervous 
system  
• Vitamin  C contributes to normal 
psychological function  
• Vitamin C contributes to the 
normal function of the immune 
system  
• Vitamin  C contributes to the 
protection of cells from oxidative 
stress  
• Vitamin  C contributes to the 
reduction  of tiredness and 
fatigue  This gazette is also available free online at www.gpwonline.co.za156  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
142 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
• Vitamin  C contributes to the 
regeneration of the reduced 
form of Vitamin E  
Vitamin D  • Vitamin D is n ecessary for 
normal absorption and 
utilisation of calcium and 
phosphorus  
• Vitamin D c ontributes to normal 
cell division  
• Vitamin D is n ecessary for 
normal bone structure  
• Vitamin D contributes to normal 
absorption/utilisation of calcium 
and phosphorus  / helps the 
body utilise calcium and 
phosphorus, which are 
necessary for the normal 
development and maintenance 
of strong bones and teeth   This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  157
143 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
• Vitamin D contributes to the 
maintenance of normal bones 
and teeth  
• Vitamin D contributes to normal 
calcium levels  
• Vitamin D contributes to the 
maintenance of normal muscle 
function  
• Vitamin D contributes to the 
normal function of the immune 
system  
• Vitamin D  has a role in the 
process of cell division  
Vitamin E  • Vitamin E c ontributes to cell 
protection from free radical 
damage  / contributes to the 
protection of cells from oxidative 
stress / functions as a tissue 
antioxidan t thereby keeping 
cells healthy   This gazette is also available free online at www.gpwonline.co.za158  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
144 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
• Vitamin E helps maintain a 
healthy immune system  
• Vitamin E p rotects unsaturated 
fatty acids and vitamin A against 
oxidatio n in the body  
• Vitamin E a ssists in 
cardiovascular health  
Vitamin K  • Vitamin K is necessary for 
normal blood coagulation 
(clotting)  
• Vitamin K c ontributes to normal 
bone structure  and its 
maintenance   
Water  • Water contributes to the 
maintenance of normal 
regulation of the body’s 
temperature  
• Water contributes to the 
maintenance of normal physical 
and cognitive functions  The claim may only be used 
for water as  defined in  the 
Regulati ons relating to all 
Packaged Water published 
under the Act  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  159
145 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
Yoghurt 
cultures:  
Lactobacillus 
delbruekii subsp. 
bulgarius and  
Streptococcus 
thermophillus  Yoghurt cultures, Lactobacillus 
delbruekii subsp. bulgarius and 
Streptococcus thermophillus  
improve lactose digestion in 
individuals who have difficulty 
digesting lactose (milk sugar)  • The foodstuffs  must  
contain at least 108 cfu 
per gram  
• The claim is permitted for 
dairy yoghurt or 
fermented milk only  
Zeaxanthin  Zeaxanthin is a caro tenoid which 
acts as a tissue antioxidant and so 
keeps cells healthy   
Zinc • Zinc is n ecessary for normal 
immune system function  / 
contributes to the normal 
function of the immune system / 
is essential for growth and 
maintenance of a healthy 
immune system.  
• Necessary for normal cell 
division  
• Contributes to normal skin 
structure and wound healing  / 
promotes healing of wounds  This gazette is also available free online at www.gpwonline.co.za160  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
146 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
• Zinc contributes to normal acid -
base metabolism  
• Zinc contributes to normal 
carbohydrate metabolism  
• Zinc contributes to normal 
cognitive function  
• Zinc contributes to normal DNA 
synthesis  
• Zinc contributes to normal 
fertility and reproduction  
• Zinc contributes to normal 
macronutrient metabolism  
• Zinc contributes to normal 
metabolism of fatty acids  
• Zinc contributes to normal 
metabolism of  Vitamin A  
• Zinc contributes to normal 
protein synthesis  
• Zinc contributes to the 
maintenance of normal bones  / 
is vital for bone formation  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  161
147 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
• Zinc contributes to the 
maintenance of normal hair , 
nails and skin  
• Zinc contributes to the 
maintenance of normal 
testo sterone levels in the blood  
• Zinc contributes to the 
maintenance of normal vision  
• Zinc contributes to the 
protection of cells from oxidative 
stress  
• Zinc has a role in the process of 
cell division  
• Zinc is necessary for normal 
taste and smell  
• Zinc is  a consti tuent of insulin 
and many vital enzymes  
• Sufficient intake and absorption 
of zinc is needed to maintain 
proper vitamin E levels in blood This gazette is also available free online at www.gpwonline.co.za162  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
148 
 
 
  
 
Reduction of disease risk claims  
 
 69. (1) The reduction of disease risk claims listed in Table 5 , link the 
consumption of a foodstuff  or a foodstuff  constituent in the context of the total diet to the 
reduced risk of developing a disease or a health -related  condition, is permitted for 
foodstuffs , provided  that the conditi ons set out in Table 5 , are met . 
 
  (2) The foodstuff  must  comply with the characteristics specified in 
column 3 , and— 
(a) the wording of the reduction of disease risk claim in column 4 may not be added 
to, omitted, reduced, or altered in a way which will result in a change of meaning 
or which will result in a change of emphasis; and  
(b) a disease risk claim may not attribute any degree of a disease risk reduction to 
specific dietary guidelines.  
 
 
 
 NUTRIENT  OR 
SUBSTANCE 
FOR WHICH A 
FUNCTION 
CLAIM IS MADE  SELECT ONE OR MORE OPTION 
OF THE PERMITTED WORDING 
FOR A FUNCTION CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OR 
ADDITIONAL 
STATEMENTS OR 
WARNINGS TO APPEAR 
ON THE LABEL AND IN 
COMMERCIAL 
MARKETING  
1 2 3 
and increases the absorption of 
vitamin A  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  163
149 
 
 
    TABLE 5: REDUCTION  OF DISEASE RISK CLAIMS  
CLAIM 
NO NUTRIENT/DIET 
RELATED TO 
DISEASE RISK  FOODSTUFFS  
CHARACTERISTICS 
OR CRITERIA  PERMITTED WORDING OF 
CLAIM EXPLAINING THE  
DIETARY CONTEXT  
1 2 3 4 
1. Calcium  and 
osteoporosis  
 • At least 290mg 
calcium naturally 
present in the 
foodstuffs  per 
serving  
• At least 30mg 
magnesium per 100g 
foodstuffs  
• Phosphorus content 
may not exceed 
calcium content  Regular exercise and a 
healthy diet high in calcium 
and an adequate Vitamin D 
status may assist to  maintain 
good bone health and may 
reduce the risk of 
osteoporosis or osteoporotic 
fractures later in life  
2. Enhanced bone 
mineral density  • At least 200mg 
calcium naturally 
present in the 
foodstuffs  per 
serving  
• At least 15mg 
magnesium per 100g 
foodstuffs  
• Phosphorus content 
may not exceed 
calcium content  Regular exercise and a 
healthy diet high in calcium, 
an adequate status in 
Vitamin D and other minerals 
essential for bone health, 
may assist  to maintain and 
enhance bone mineral 
density and good bone 
health  
3. Sodium and 
hypertension  
 Foodstuffs  shall be low 
in sodium  Diets low in sodium may 
reduce the risk of high blood 
pressure, a disease This gazette is also available free online at www.gpwonline.co.za164  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
150 
 
 
 CLAIM 
NO NUTRIENT/DIET 
RELATED TO 
DISEASE RISK  FOODSTUFFS  
CHARACTERISTICS 
OR CRITERIA  PERMITTED WORDING OF 
CLAIM EXPLAINING THE  
DIETARY CONTEXT  
1 2 3 4 
associated with heart 
disease, strokes and other 
conditions  in some 
individuals  
4. High intake of 
fruits and 
vegetables and a 
reduced risk of 
coronary heart 
disease and 
cancer  
 • Fresh, dried, canned 
and frozen fruit  and 
vegetables  which 
contains no less than 
90% fruit or 
vegetables by weight  
• Claim is not 
permitted on fruit 
juices, fruit nectars 
or foodstuffs  with 
less than 90% fruit or 
vegetables by weight  A high intake of fruits and 
vegetables contribute to 
heart health by reducing the 
risk of coronary heart disease 
and cancer  
5. Folic acid and 
neural tube 
defects  The foodstuff  contains 
no less than 40 μgfolic 
acid per single 
portion/serving  (a) Women of childbearing  
age should consume diets 
rich in foodstuffs  folate (fruits, 
dark green leafy vegetables, 
legumes; and  
(b) consume at least 400 μg  
folic acid daily, through 
fortified grain products, 
fortified foodstuffs  or daily 
nutritional supplementation, 
at least in the month before This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  165
151 
 
 
 CLAIM 
NO NUTRIENT/DIET 
RELATED TO 
DISEASE RISK  FOODSTUFFS  
CHARACTERISTICS 
OR CRITERIA  PERMITTED WORDING OF 
CLAIM EXPLAINING THE  
DIETARY CONTEXT  
1 2 3 4 
and three months after 
conception to reduce  the risk 
of foetal neural tube birth 
defects  
6. Plant sterol 
esters an d plant 
stanol esters and 
coronary heart 
disease 
 The foodstuff - 
• shall contain at least 
0,8g plant sterols 
equivalents per 
portion  or serving ; 
• is low in saturated 
fatty acids ; and  
• is trans -fat free  
• must  bear a 
statement on the 
main panel in upper -
case  letters at least 
3mm in vertical 
height to indicate 
that the particular 
foodstuff is suitable 
for the intended 
target group only  Diets low in saturated fat ty 
acids  that contain 1.5 to 3 g 
of plant sterol esters and 
plant stanol esters daily , may 
reduce the risk of heart 
disease by lowering 
cholesterol . This (name of 
product) contains only 
[indicate gram of plant 
sterol equivalents] per 
single porti on/serving  
7. Beta -glucans in 
oat bran, 
wholegrain  oats 
and wholegrain  • The claim may only 
be used for the 
following single 
ingredient foodstuffs : 3g beta glucan fibre from 
60g whole oats daily, or 40g 
oat fibre daily, as part of a 
diet low in saturated fat and 
cholesterol, may reduce the This gazette is also available free online at www.gpwonline.co.za166  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
152 
 
 
 CLAIM 
NO NUTRIENT/DIET 
RELATED TO 
DISEASE RISK  FOODSTUFFS  
CHARACTERISTICS 
OR CRITERIA  PERMITTED WORDING OF 
CLAIM EXPLAINING THE  
DIETARY CONTEXT  
1 2 3 4 
barley and blood 
cholesterol  oat bran , wholegrain  
oats, wholegrain  
barley  
• A single 
portion /serving  of the 
foodstuff shall 
contain at least 1g 
beta-glucan from one 
or more of the 
following  foodstuffs : 
oat bran, wholegrain  
oats and wholegrain  
barley , 
whole/grounded 
linseeds . risk of coronary heart 
disease by reducing blood 
cholesterol levels.  
and/or 
Diet must contain at least 3g 
beta glucan per day and 
single portion/serving  must 
contain at least 1g beta -
glucan from one or more of 
the flowing foodstuffs : oat 
bran, wholegrain  oats and 
wholegrain  barley  
8. Walnuts and 
heart disease 30g serving of raw 
walnuts  without any 
added ingredients or 
additives  Walnuts contribute to 
reducing the risk of heart 
disease by improving the 
elasticity of blood vessels  
 
In order to bear the claim, 
information shall be given to 
the consumer that the 
beneficial effect is obtained 
with a daily intake of 30g of 
walnuts  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  167
153 
 
 
 CLAIM 
NO NUTRIENT/DIET 
RELATED TO 
DISEASE RISK  FOODSTUFFS  
CHARACTERISTICS 
OR CRITERIA  PERMITTED WORDING OF 
CLAIM EXPLAINING THE  
DIETARY CONTEXT  
1 2 3 4 
9. Potassium, 
blood pressure 
and stroke  Foodstuffs  that contain 
at least 350mg 
Potassium per single 
portion/ serving and 
which are low in Sodium  Diets containing foodstuffs  
that contain at least 350mg 
Potassium and which are 
low in Sodium may reduce 
the risk of high blood 
pressure and stroke .  All 
fruits and vegetables contain 
Potassium  
10. Soy protein and 
heart disease The food stuff:  
• shall contain at least 
6.25g of soy protein 
per single portion  
• be low in saturated 
fat  
• be a low cholesterol 
food; and  
• shall meet the  
nutrient content 
requirement for a 
"low fat" food, unless 
it consists of or is 
derived from whole 
soybeans  and 
contains no fat in 
addition to the fat 
inherently present in 
the whole soybeans Diets low in saturated fat and 
cholesterol that include 25g 
of soy protein a day may 
reduce the risk of heart 
disease. One serving of 
[name of food] provides __ 
grams of soy protein.  This gazette is also available free online at www.gpwonline.co.za168  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
154 
 
 
 CLAIM 
NO NUTRIENT/DIET 
RELATED TO 
DISEASE RISK  FOODSTUFFS  
CHARACTERISTICS 
OR CRITERIA  PERMITTED WORDING OF 
CLAIM EXPLAINING THE  
DIETARY CONTEXT  
1 2 3 4 
it contains or from 
which it is derived.  
 
 
Health claims related to the “ wholegrain ” concept  
 
 70. The following claims, as set out in Tables 6 to 8, relating to — 
(a) “100% wholegrain ”; 
(b) “Recombined wholegrain”; and  
(c) “Partially wholegrain”,  are permitted : 
 
    TABLE 6: “100% WHOLEGRAIN ” HEALTH CLAIM  
FOODSTUFFS CHARACTERISTICS 
OR CRITERIA  PERMITTED WORDING OF CLAIM 
EXPLAINING THE DIETARY CONTEXT  
The foodstuffs must — 
• Comply 100% in terms of the 
definition for “ wholegrain ” in these 
Regulations  
• Contain s not less than 97 % 
wholegrain s and kibbling is permitted  
• Be naturally low in sodium  
• Have generally a natural Low GI value  
• The use of a wholegrain logo is 
permitted  
 Diets rich in wholegrain foods  and other 
plant foods that are  low in total fat, saturated 
fatty acids  and cholesterol may reduce the 
risk of most chronic diseases of lifestyle 
such as heart disease, diabetes and certain 
cancers and  can assist with weight 
management and gastrointestinal health  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  169
155 
 
 
 • “kibbling” in relation to wholegrains, means the cracking or br eaking of 
intact wholegrains into smaller  particles, which are then soaked in water, 
moistened, steamed, and dried. 
  
TABLE 7:  “RECOMBINED WHOLEGRAIN ” HEALTH CLAIM  
FOODSTUFFS 
CHARACTERISTICS OR 
CRITERIA  PERMITTED WORDING OF CLAIM 
EXPLAINING THE DIETARY CONTEXT  
The foodstuffs must — 
• Comply 100% in terms of the 
definition for “ wholegrain ” in 
these Regulations  
• Contain at least 75 % 
wholegrain or recombined 
wholegrain  flour/meal  of the 
total flour weight . 
• Indicate the quantitative 
ingredient declaration (QUID) of 
the whole  grain or recombined 
wholegrain flour/meal present 
as part of the name  or 
description of the foodstuffs as 
well as part of the claim  
• Formulated to have a low GI  
value which shall be indicated 
as part of the claim.  
• The use of a wholegrain logo is 
not permitted  The foodstuffs may bear the following claim:  
“Made with flour that contains at least 75% 
recombined wholegrain  flour from list ed 
grains. Diets rich in wholegrains and other 
plant foods  that are low in total fat, saturated 
fat and cholesterol may reduce the risk of 
most chronic diseases of lifestyle  
 
  This gazette is also available free online at www.gpwonline.co.za170  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
156 
 
 
 TABLE 8: “PARTIALLY WHOLEGRAIN” HEALTH CLAIM  
FOODSTUFFS CHARACTERISTICS 
OR CRITERIA  PERMITTED WORDING OF CLAIM 
EXPLAINING THE DIETARY CONTEXT  
The foodstuffs must — 
• Comply 100% in terms of the 
definition for “wholegrain” in these 
Regulations  
• Contain at least 50%  wholegrain or 
recombined wholegrain flour of the 
total flour weight and at least 25% 
wholegrains or oilseeds or legumes 
or dried fruit of the total flour weight  
• Indicate the QUID of the 
wholegrain/recombined flour plus 
wholegrains present as part of the 
name  or description of the foodstuff 
as well as part of the claim]  
• Formulated to have a low GI  value 
and be indicated as part of the claim  
• The use of a wholegrain logo is not 
permitted   
Made with flour that contains at least 50%  
wholegrain or recombined wholegrain 
flour from list ed grains and at least 25% of 
one or multiple 
wholegrains/oilseeds/legumes/dried fruit.  
Diets rich in wholegrains and other plant 
foods that are low in total fat, saturated fat 
and cholesterol may reduce the risk of 
most chronic diseases of lifestyle such as 
heart disease, diabetes,  and certain 
cancers, and can assist with weight 
management a nd gastrointestinal health  
 
 
 
 
Health claims for oral health  
 
71. The following dental health claims , set out in Table 9,  are permitted if the 
conditions in the Table are complied with : 
  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  171
157 
 
 
  
TABLE 9:  APPROVED HEALTH CLAIMS FOR ORAL HEALTH  
SUBSTANCE  PERMITTED 
WORDING FOR A 
CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OF USE 
OF THE CLAIM OR THE 
FOODSTUFF  OR 
ADDITIONAL STATEMENT 
OR WARNING ON LABELS 
AND IN COMMERCIAL 
MARKETING  FOODSTUFF  
CATEGORY  
The polyol  
Xylitol  Frequent eating of 
foodstuffs  high in 
sugars and 
starches that are 
retained on the 
teeth between 
meals can 
promote tooth 
decay. Xylitol used  
as a sweetener in 
(name the 
product) does not 
promote tooth 
decay/dental  
caries . • Chewing gum sweetened 
with Xylitol where Xylitol is 
the only sweetener in the 
foodstuff  
 
• In order to bear the claim,  
the following additional 
information shall appear on 
the label: The beneficial 
effect is obtained with a 
consumption of 2 -3g of 
chewing gum sweetened 
with 100% xylitol at least 3 
times per day after meals  
 Chewing gum  
Polyols  Sugar -free 
chewing gum 
contributes to the 
maintenance of 
tooth 
mineralisation The claim may be used for 
chewing gum sweetened with 
polyols  and which contain s no 
added sugar or non -nutritive 
sweeteners. Information must  
be given to the consumers that Chewing gum  This gazette is also available free online at www.gpwonline.co.za172  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
158 
 
 
 SUBSTANCE  PERMITTED 
WORDING FOR A 
CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OF USE 
OF THE CLAIM OR THE 
FOODSTUFF  OR 
ADDITIONAL STATEMENT 
OR WARNING ON LABELS 
AND IN COMMERCIAL 
MARKETING  FOODSTUFF  
CATEGORY  
 the beneficial effect is obtained 
with chewing, for at least 20 
minutes after eating  or drinking.  
Polyols  Sugar -free 
chewing gum 
contributes to the 
neutralisation of 
plaque acids  The claim may be used for 
chewing gum sweetened with 
polyols and which contain s no 
added sugar or non -nutritive 
sweeteners.  Information must  
be giv en to the consumers that 
the beneficial effect is obtained 
with chewing, for at least 20 
minutes after eating or drinking  Chewing gum  
Polyols  Sugar -free 
chewing gum 
contributes to the 
reduction of oral 
dryness  The claim may be used for 
chewing gum sweetened with 
polyols  and which contain s no 
added sugar or non -nutritive 
sweeteners. Information must  
be given to the consumers that 
the beneficial effect is obtained 
with the use of the chewing 
gum whenever the mouth  feels 
dry. Chewing gum  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  173
159 
 
 
 SUBSTANCE  PERMITTED 
WORDING FOR A 
CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OF USE 
OF THE CLAIM OR THE 
FOODSTUFF  OR 
ADDITIONAL STATEMENT 
OR WARNING ON LABELS 
AND IN COMMERCIAL 
MARKETING  FOODSTUFF  
CATEGORY  
Sugar -free 
chewing gum 
with carbamide  Sugar -free 
chewing gum with 
carbamide 
neutralises plaque 
acids more 
effectively than 
sugar- free 
chewing gums 
without carbamide  
 The claim may be used for 
chewing gum sweetened with 
polyols and which contain no 
added sugar or non -nutritive 
sweeteners. In order to bear the 
claim, each piece chewing gum 
shall contain at least 20mg 
carbamide. Information shall be 
given to the consumers that the 
beneficial effect is obtained with 
chewing, for at least 20 minutes 
after eating or drinking  Chewing gum  
Isomaltulose  Consumption of 
foods  or drinks 
containing 
Isomaltulose  
instead of other 
sugars contributes 
to the 
maintenance of 
tooth 
mineralization.  In order to bear the claim, 
sugars should be replaced in 
foods or drinks (which reduce 
plaque pH below 5.7) in 
amounts such that consumption 
of such foods or drinks does not 
lower plaque pH below 5.7 
during or up to 30 minutes after 
consumption.  Chewing gum  This gazette is also available free online at www.gpwonline.co.za174  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
160 
 
 
 SUBSTANCE  PERMITTED 
WORDING FOR A 
CLAIM  ADDITIONAL CONDITIONS 
OR RESTRICTIONS OF USE 
OF THE CLAIM OR THE 
FOODSTUFF  OR 
ADDITIONAL STATEMENT 
OR WARNING ON LABELS 
AND IN COMMERCIAL 
MARKETING  FOODSTUFF  
CATEGORY  
Polydextrose  Consumption of 
foods  or drinks 
containing 
polydextrose 
instead of sugar 
contributes to 
tooth 
mineralization.  In order to bear the claim, 
sugars should be repla ced in 
foods or drinks (which reduce 
plaque pH below 5.7) in 
amounts such that consumption 
of such foods or drinks does not 
lower plaque pH below 5.7 
during and up to 30 minutes 
after consumption.  Chewing gum  
 
 
Claims for energy -restricted foodstuffs for weight reduction  or slimming  or weight 
loss 
 
72. (1) For the purposes of this regulation, “formulated meal replacement” 
means a foodstuff, in powder or liquid form, specifically designed to replace one or more 
daily meals for the purpose of weight loss.  
  
(2) Subject to regulation 4 7(5) a claim that a formulated  meal 
replacement, is an aid to  weight  reduction, weight loss , diet or slimming, or words to a 
similar effect , may not be made  unless the following requirements are complied with: 
(a) The foodstuff  must  be labelled with the words “ONLY EFFECTIVE AS PART OF 
AN ENERGY  AND SERVING  OR PORTION CONTROLLED PRUDENT DIET This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  175
161 
 
 
 AND AN INCREASE IN MODERATE PHYSICAL ACTIVITY”  in bold, upper -case  
letters not less than 3,0mm in font height  on the main panel . 
(b) The foodstuff must  be an energy -restricted  formulated meal replacement product.  
(c) The foodstuff must  comply with the minimum nutritional requirements  contained in 
Table 10.  
(d) Words, pictures,  or graphics which imply that the foodstuff has weight loss 
properties, may result in weight loss or slimming, directly or indirectly, are not 
permitted, unless fully compliant with this regulation.  
(e) Reference may not be made to the rate  (e.g., “lose 3kg in one week”) or amount 
(e.g., “lose 3kg”) of weight loss, or any suggestion that it would be detrimental to 
health not to consume a certain type of foodstuff, or a claim which suggest that 
health could be adversely affected by not consum ing the foodstuff.  
(f) A claim related to weight control  or weight maintenance due to a foodstuff in itself 
or containing a weight management substance or ingredient that is linked to,  or is 
implicated to have an effect on reducing energy intake or on ener gy uptake, and 
increases energy expenditure, result in actions such as thermogenesis, increased 
satiety, appetitive suppression, absorption blocking effect, or similar actions is not  
permitted, unless a dossier which provides conclusive scientific substan tiation,  in 
the format according to the requirements of Guidelines 14 and 15 is submitted to 
the Directorate: Food Control prior to market appearance  for evaluation and 
approval :  Provided that no scheduled substance under the Medicines Act, is 
permitted in such foodstuff.  
 
 
 
 
 
 
 
 This gazette is also available free online at www.gpwonline.co.za176  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
162 
 
 
 TABLE 10: FORMULATED MEAL REPLACEMENT FOR ENERGY -RESTRICTED 
DIETS FOR WEIGHT REDUCTION  CONTROL  
Nutrient 
substance, 
food  or 
food 
category  Claim  Conditions of use of the 
claim  Conditions, or 
restrictions of use 
of the food, or 
additional statement 
or warning on labels 
and advertisements 
Meal 
replacement 
for weight 
control  
 Substituting 1 
(one) of the 
main daily 
meals of an 
energy 
restricted diet 
with a meal 
replacement 
contributes to 
the 
maintenance 
of weight 
after weight 
loss 
 In order to bear the claim, a 
foodstuff should comply with 
the following requirements:  
1. Energy content  
The energy content shall not 
be less than 84 0kJ and shall 
not exceed 1 046 kJ per meal.  
2. Fat content and 
composition  
The energy derived from fat 
shall not exceed 30% of total 
available energy content of the 
product. The linoleic acid (in 
the form of glycerides) shall 
not be less than 1g. 
3. Protein content and 
composition  
Subject to the requirements of  
Regulation 54(11) and 
Annexure 5, the protein 
contained in the food shall 
provide not less than 25 % 
and not more than 50 % of the In order to  bear the 
claim, information 
shall be provided to 
the consumer on the 
importance of 
maintaining an 
adequate daily fluid 
intake and on the fact 
that the products are 
useful for the 
intended use only as 
part of an energy -
restricted diet and 
that other foodst uffs 
should be a 
necessary part of 
such diet.  
In order to achieve 
the claimed effect, 
one main meal 
should be substituted 
with one meal 
replacement daily.  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  177
163 
 
 
 Nutrient 
substance, 
food  or 
food 
category  Claim  Conditions of use of the 
claim  Conditions, or 
restrictions of use 
of the food, or 
additional statement 
or warning on labels 
and advertisements 
total energy content of the 
product.  
4. Vitamins and minerals  
The food shall provide at least 
30 % of the amounts of the 
nutrient reference values of 
vitamins and minerals as per 
Annexure II.  
The amount of sodium per 
meal provided by the food 
shall be at least 172,5 mg.  
The amount of 
potassium per meal 
provided by the food 
shall be at least 500 mg.   
 
Meal 
replacement 
for weight 
control  
 
 Substituting 2 
(two) of the 
main daily 
meals of an 
energy 
restricted diet 
with meal 
replacements 
contributes to 
weight loss In 1. Energy content  
The energy content shall not 
be less than 840 kJ and shall 
not exceed 1 046 KJ per meal. 
2. Fat content and 
composition  
The energy derived from fat 
shall not exceed 30 % of total 
available energy content of the 
product. The linoleic acid (in In order t o bear the 
claim, information 
shall be provided to 
the consumer on the 
importance of 
maintaining an 
adequate daily fluid 
intake and on the fact 
that the products are 
useful for the This gazette is also available free online at www.gpwonline.co.za178  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
164 
 
 
 Nutrient 
substance, 
food  or 
food 
category  Claim  Conditions of use of the 
claim  Conditions, or 
restrictions of use 
of the food, or 
additional statement 
or warning on labels 
and advertisements 
order to bear 
the claim, a 
food should 
comply with 
the following 
requirements:  
 the form of glycerides) shall 
not be less than 1 g. 
3. Protein content and 
composition  
Subject to the require ments of 
Regulation  59 and Annexure 
5, the protein contained in the 
food shall provide not less 
than 25% and not more than 
50% of the total energy 
content of the product.  
4. Vitamins and minerals  
The food shall provide at least 
30% of the amounts of the 
nutrient reference values of 
vitamins and minerals per meal 
as laid down Annexure II.  
 
The amount of sodium per 
meal provided by the food shall 
be at least 172,5mg. The 
amount of potassium per meal 
provided by the food shall be 
at least 500mg.  
 intended use only as 
part of an energy -
restricted diet and 
that other foods tuffs 
should be a 
necessary part of 
such diet.  
In order to achieve 
the claimed effect, 
two of the main daily 
meals should be 
substituted with meal 
replacements daily.  
 This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  179
165 
 
 
  
Detoxification  
 
73. A health claim that implies that a foodstuff is a tonic or may have 
detoxification or similar effects or benefits must be considered a medicinal claim and is 
prohibited for foodstuffs.  
 
      PART VI:  
 
EXEMPTIONS, REPEAL, COMMENCEMENT AND SHORT TITLE  
 
 
Exemptions  
 
 74. (1) The following ingredients of a foodstuff  need not be named in the list 
of ingredients:  
(a) Any substance other than water , when used as a solvent or carrier for a foodstuff  
additive or nutrient , and which is used in an amount that is consistent with good 
manufacturing practice : Provided that the solvent or the carrier is not, nor contain s 
traces of , a common allergen specified in these Regulations . 
(b) water or other volatile ingredients that eva porated during  manufacture . 
 
  (2) The following foodstuff s need not be labelled with a list of ingredients:  
(a) Vinegars which are derived by means of natural fermentation exclusively from a 
single basic product and to which no other ingredient has been added; or  
(b) a foodstuff  which consists of a single ingredient and of which the name clearly 
identifies the single ingredient . 
 
  (3) The following foodstuffs  are, unless otherwise stipulated in these 
regulations  or any regulations published under the Agricultural Product Standards Act,  
and the Compulsory Specifications Act , exempted from the requirements regarding This gazette is also available free online at www.gpwonline.co.za180  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
166 
 
 
 labelling , but when a n energy,  health , ingredient content  or nutrition claim is made , the 
exemption falls away and these  regulations apply:  
(a) eggs except for the date on which the eggs were  packed;  
(b) fresh, unprocessed vegetables;  
(c) fresh, unprocessed fruit;  
(d) any drink regulated  by the Liquor Products Act . If an indication of common 
allergens or health statements  or warnings are necessary , these statements  must  
be indicated on the label in accordance with the relevant regulations under the  Act; 
(f) unprocessed meat of animals and birds, referred to in Schedule 1 of the Meat 
Safety Act, or fish species referred to in the latest version of SANS 1647, that  is 
intended for human consumption in South Africa  and that have not been pre -
packed, except  for an indication of the type of animal and bird, fish, or other marine 
food species at the point of sale  that— 
(i) must appear on a notice  placed in close vicinity of where the foodstuff  is 
offered for sale ; and 
(ii) is easily legible and in clear view of the consumer , where such foodstuffs  
are ex hibited for sale in bulk; 
(g) unprocessed fish, marine products, meat of animal s and birds referred to in 
Schedule 1 of the Meat Safety Act, or fish species referred to in the latest version 
of SANS 1647,  that is intended for human consumption in South Africa  and that is 
pre-pack aged in such a way that the purchaser is able to identify the contents of 
the package, except for an indication of the type of animal, bird , fish or marine 
product , the date on which the product  was packaged, the price per kilogram , as 
well as the price per container, printed on the scale label;  
(h) any ready -to-consume  foodstuffs  prepared and sold on the premises of a catering 
establishment for consumption  including wheat products, which a re not pre -packed 
(naked bread ), except for information on the list of ingredients, common  allergens , 
and date of manufacturing  printed on the scale label  or kept on file and made 
available immediately upon request, whatever the case may be ; This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  181
167 
 
 
 (i) non-prepackag ed or transparently  pack aged servings  of foodstuffs  that are sold as 
snacks  or meals  on the premises of preparation, except for information on the list 
of ingredients, allergens,  and date of manufacturing , printed on the scale  label ;  
(j) flour confectionary intended to be consumed within 24 hours of manufacture, 
except for information on  the list of ingredients, common allergens, and date of 
manufacturing , printed on the scale  label ;  
(k) ice, except for the name and address of the manufacturer ; and  
(l) water sachets used during sport events.  
 
(4) Street vendor  foods  are exempted from labelling  requirements.  
 
(5) For the purposes of this regulations, “naked bread” means bread, 
bread rolls and bread buns displayed for sale without being pre -packaged.  
 
Repeal  
 
 75. The Labelling and advertising of foodstuffs Regulations (Government 
Notice No. R. 146 of 1 March 2010 ), Government Notice No. R1091 of 19 November 
2010 , Government Notice No. R45 of 19 January 2012 , and Regulation 6(2) of R3128 of 
20 December 1991 are hereb y repealed.  
 
Withdrawal  
 
 76. The Regulations Relating to the Labelling and Advertising of Foodstuffs , R 
2986 of 31 January 2023, published in Government Notice No. 11535.  
 
Commencement  
 
 77. (1) These regulations enter into force 24 months after the date of 
publication thereof .  
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168 
 
 
   (2) Regulation 9(2) and (3) enter s into force on the date of publication of 
these Regulations.   
 
  (3) Regulation s 49 to 73 enter s into force  12 months after th e date of 
publication of these Regulations . 
 
(4) Regulation s 8, 51 and 52  enters into force six months after the date 
of publication of these Regulations.  
 
Short title  
 
78. These Regulations are called Regulations Relating to the Labelling and 
Advertising of Foodstuffs, 202 3. 
 
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169 
 
 
 ANNEXURE  1 
 
CATEGORIES OF  FOOD ADDITIVES THAT MAY BE IDENTIFIED BY THEIR 
PRINCIP AL FUNCTIONAL CATEGORY NAME AND WHERE APPLICABLE THE 
SUBCATEGORY NAME IN A LIST OF INGREDIENTS  
 
Princip al category: Acidity regulator  
A food additive, which controls the acidity or alkalinity of a food.  
Sub categories:  
• Acid 
• acidifier  
• acidity regulator  
• alkali  
• base  
• buffer  
• buffering agent  
• pH adjusting agent  
 
Princip al category: Anticaking agent  
Reduces the tendency of particles of food to adhere to one another.  
Sub categories:  
• anti-stick agent  
• drying agent  
• dusting agent  
 
Princip al category: Antifoaming agent  
A food additive, which prevents or reduces foaming.  
Sub categories:  
• defoaming agent  
 
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 Princip al category: Antioxidant  as additive  
A food additive, which prolongs the shelf -life of foods by protecting against deterioration 
caused by oxidation.  
Sub categories:  
• antibrowning agent  
• antioxidant synergist  
 
Princip al category: Bleaching agent  
A food additive (non-flour use) used to decolourize food. Bleaching agents do not include 
pigments.  
 
Princip al category: Bulking agent  
A food additive, which contributes to the  bulk of a food without contributing significantly 
to its available energy value.  
Sub category:  
• filler  
 
Princip al category: Carbonating agent  
A food additive used to provide carbonation in a food.  
 
Princip al category: Carrier  
A food additive used to dissolve, dilute, disperse  or otherwise physically modify a food 
additive or nutrient without altering its function (and without exerting any technological 
effect itself) in order to facilitate its handling, application or use of the food additive or 
nutrient.  
Sub categories:  
• carrier solvent  
• diluent for other food additives  
• encapsulating agent  
• nutrient carrier  
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171 
 
 
  
Princip al category: Colour/colouring/colourant  (except tartrazine ) 
A food additive, which adds or restores colour in a food.  
Sub categories:  
• decorative pigment  
• surface colo urant  
 
Princip al category: Colour retention agent  
A food additive, which stabilizes, retains or intensifies the colour of a food.  
Sub categories:  
• colour  adjunct  
• colour fixative  
• colour stabilizer  
 
Princip al category: Emulsifier  
A food additive, which forms or maintains a uniform emulsion of two or more phase s in a 
food. 
Sub categories:  
• clouding agent  
• crystallization inhibitor  
• density adjustment agent (flavouring oils in beverages)  
• dispersing agent  
• plasticizer  
• surface active agent  
• suspension agent  
• modified starches  (Dextrin/maltodextrin roasted starch, acid treated starch, 
alkaline  treated starch and enzyme treated starch)  
 
Princip al category: Emulsifying salt  
A food additive , which, in the manufacture of processed food, rearranges proteins in order 
to prevent fat separation.  This gazette is also available free online at www.gpwonline.co.za186  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
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 Sub categories:  
• emulsifying salt  
• melding salt  
 
Princip al category: Firming agent  
A food additive , which makes or keeps tissues of fruit or vegetables firm and crisp or  
interacts with gelling agents to produce or strengthen a gel.  
 
Princip al category: Flavour enhancer  
A food additive, which enhances the existing taste and/or odour of a food.  
Sub categories:  
• flavour synergist  
 
Princip al category: Flour treatment agent  
A food additive, which is added to flour or dough to improve its baking quality or colour.  
Sub categories:  
• dough conditioner  
• dough strengthening agent  
• flour bleaching agent  
• flour improver  
 
Princip al category: Foaming agent  
A food additive, which makes it possible to form or mainta in a uniform dispersion of a 
gaseous phase in a liquid or solid food.  
Sub categories:  
• aerating agent  
• whipping agent  
 
Princip al category: Gelling agent 
A food additive, which gives a food texture through formation of a gel.  
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173 
 
 
 Princip al category: Glazing agent  
A food additive, which when applied to the external surface of a food, imparts a shiny 
appearance or provides a protective coating.  
Sub categories:  
• coating agent  
• film forming agent  
• polishing agent  
• sealing agent  
• surface -finishing agent  
 
Princip al category: Humectant  
A food additive, which prevents food from drying out by counteracting the effect of a dry 
atmosphere.  
Sub categories:  
• moisture/water retention agent  
• wetting agent  
 
Princip al category: Packaging gas  
A food additive gas, which is introduced into a container before, during or a fter filling with 
food with the intention to protect the food, for example, from oxidation or spoilage.  
 
Princip al category: Propellant  
A food additive gas, which expels a food from a container.  
 
Princip al category: Raising agent  
A food additive or a combination of food additives, which liberate(s) gas and thereby 
increase(s) the volume of a dough or batter.  
 
Princip al category: Sequestrant  
A food additive, which controls the availability of a cation.  
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174 
 
 
 Princip al category: Stabilizer  
A food additive, which makes it possible to maintain a uniform dispersion of two or more 
components.  
Sub categories:  
• colloidal stabilizer  
• emulsion st abilizer  
• foam stabilizer  
• stabilizer synergist  
• modified starches  (Dextrin/maltodextrin roasted starch, acid treated starch, 
alkaline treated starch and enzyme treated starch)  
 
Princip al category: Thickener  
A food additive, which increases the viscosity of a food . 
Sub categories:  
• binder  
• bodying agent  
• texturizing agent  
• thickener synergist  
• modified starches  (Dextrin /maltodextrin  roasted starch , acid treated starch , 
alkaline treated starch and enzyme treated starch ) 
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175 
 
 
 ANNEXURE 2  
 
MANDATORY  NUTRITIONAL INFORMATION DECLARATION  
 
1. FORMAT  
 
1. The following format s provide guidance in terms of which as well as the appropriate 
place where nutritional information must  be presented in the Nutritional Information Table, 
in the case — 
(a) where no claim is made  (Paragraph 1.1); or  
(b) where a claim is made (Paragraph 1.2). 
The information in bold  is considered the minimum mandatory  nutritional information that 
always has to be declared in the nutritional information/facts t able, irrespective of whether 
a claim is made or not . 
 
In the case of nutrient s that are not in dicated in bold, the format s serve to i ndicate  the 
appropriate place s where the nutrient s should be place d in the nutritional 
information/facts t able when presented, either as information offered voluntarily by the 
manufacturer in addition to the minimum man datory nutritional information, or when a 
claim is made about a nutrient other than the minimum mandatory nutritional information 
and the information becomes a mandatory requirement . 
 
1.1 TYPICAL NUTRITIONAL INFORMATION /FACTS  WHERE NO CLAIM IS MADE 
(AS PACKED/ READY -TO-CONSUME ) 
 
The nutritional information as per the for mat indicated below , must  appear on all foodstuff  
labels unless a foodstuff is explicitly exempted from nutritional information labelling in 
these Regulations . 
 
The heading of the nutritional information/fact table  on the label must  be “(TYPICAL) 
NUTRITIONAL INFORMATION /FACTS ” where the word “typical” is optional : This gazette is also available free online at www.gpwonline.co.za190  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
176 
 
 
 (TYPICAL) NUTRITIONAL INFORMATION /FACTS  
Quantified single portion/serving /portion size expressed in grams or millilitres, 
whatever is appropriate, and a household measurement  unless the single 
portion/serving /portion is already quantified in the fourth  column of the Table 
below : 
 Unit of 
measurement  Per 100 
g/ml  Per 
single 
portion/s
erving / 
Portion  NRV * per 
serving /portion  
(optional)  
Energy  kJ    
Protein  G    
Total carbohydrates  
   of which carbohydrates #  
       of which total sugar s 
                glycaemic polyols ## 
Dietary fibre  G 
g 
g 
g 
g    
Total fat###of which:  
       Saturated fatty acids ### G 
g    
Total Sodium /salt mg/g    
* Declar ation of the Nutrient reference values (NRVs) column for individuals from the beginning of 37 
months and older (see Annexure 3) expressed per single portion/serving /portion  is optional.  
#Glycaemic/ Available carbohydrates calculated by difference  
## Indicate  if specific polyol(s)  that contribute  to total energy value  
### Total fat and Saturated fatty acids obtained from Food C omposition tables or calculated  
Footnotes:  Place the statements required by regulation 46(4) as appropriate  as footnote s below the Table.  
 
 
 
 
 
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177 
 
 
 1.2 (TYPICAL)  NUTRITIONAL INFORMATION WHERE A CLAIM IS MADE (AS 
PACKED/READY -TO-CONSUME)  
 
The format below serves as indication of — 
(a) the minimum mandatory nutritional information, indicated in bold font,  which  must  
always be indicated irrespective of whether a claim for the particular nutrient is 
made or not;  
(b) the correct place in  the nutritional information/facts t able where a specific nutrient 
for which a particular claim is made,  or which is indicated voluntarily  must  be 
placed .  Not all the nutrients need necessarily be indicated but it is mandatory for 
the nutrient which is the subject of the claim  as well as the nutrients indicated in 
bold  font. 
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178 
 
 
 (TYPICAL) NUTRITIONAL INFORMATION /FACTS  
Quantified single portion/serving /portion size expressed in grams or millilitres, 
whatever is appropriate, and a household measurement  unless the single 
portion/serving /portion is already quantified in the fourth  column of the Table 
below : 
 Unit of 
measurement  Per 100 
g/ml  Per single 
portion/  
Serving  NRV * per 
serving 
(optional ) 
Energy  kJ    
Protein  g    
Total carbohydrates  
   of which carbohydrates#  
      of which total sugar s 
                     glycaemic 
polyols ## 
   Dietary fibre  
      Prebiotics  
 g 
g 
g 
g 
g 
mg    
Total fat### 
of which:  
   Saturated fatty acids ### 
   Trans fatty acids  
   Monounsaturated fatty 
acids  
   Polyunsaturated fatty 
acids : 
    of which Omega -3 fatty 
acids : 
              of which DHA  
                            EPA 
                            DPA 
                            ALA 
 g 
 
g 
g 
g 
g 
mg 
mg 
mg 
mg 
mg    This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  193
179 
 
 
  Unit of 
measurement  Per 100 
g/ml  Per single 
portion/  
Serving  NRV * per 
serving 
(optional ) 
Total Sodium /salt mg/g    
Any other nutrient or 
foodstuffs component to be 
declared in accordance with 
these Regulations shall be 
declared:  
• in the order: 
vitamins, minerals, 
carotenoids and other 
bioactive substances, et 
cetera , each group in in 
alphabetical order . 
• GI 
• GL  Indicated in 
milligrams (mg), 
micrograms 
(mcg/ μg), or IU 
(International 
Unit), as 
appropriate 
according to 
Annexure 3   
 
 
 
 
 
 
 
 
- 
-  
 
 
 
 
 
 
(Gl is 
indicated 
per single 
portion/servi
ng/portion  
only, not per 
100 g)   
 
 
 
 
 
 
 
 
- 
- 
*Declaration of the NRVs column for individuals from the beginning of 37 months and older (see Annexure 
3) expressed  per single portion/serving  is optional.  
#Glycaemic carbohydrates chemically analysed when any carbohydrate -related claim is made  
## Indicate  if specific polyol(s) contribute to total energy value  
### Total fat and saturated fatty acids values obtained from chemical analyses  
Footnotes:  Place the statements required by regulation 46(4)  as appropriate as footnote s below the Table.  
 
1.3 (TYPICAL)  NUTRITIONAL INFORMATION /FACTS  TABLE FOR FOOD 
VEHICLES  
 
The format  for the  mandatory nutritional information/facts tab le that will be required in the 
case of food vehicles which  are subjected to compulsory fortifi cation  according to the 
latest Regulations Relating to the Fortification of Certain Foodstuffs , is the applicable 
format suitable for the food vehicle as described in the  aforementioned Regulations.  
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 1.4 (TYPICAL)  NUTRITIONAL INFORMATION /FACTS  WHEN PRESENTED IN 
LINEAR FORMAT  
When typical nutritional information is declared in linear form — 
(a) energy and nutrients must  be listed in the same order as per tabular formats 
described  in points 1.1 and 1.2 above, whatever is appropriate;  
(b) followed by the unit of measurement after each nutrient or energy in brackets; and  
(c) separated by a semi -colon (;).  
Example: Energy (kJ)  (number) ; Protein (g)  (number) ,.et cetera  
 
2. ENERGY CONVERSION FACTORS  
In the calculation of the energy value of a foodstuff  for the purposes of the prescribed 
energy statement referred to in this Annexure the following conversion factors must  be 
implemented according to the following principles : 
1.1 Rounded off values must  only be used in cases of mixtures of proteins, mixtures 
of glycaemic carbohydrates, mixtures of fats, mixtures of polyols, mixtures of 
dietary fibers or mixtures of prebiotics.  
1.2 Wher e an individual isolated mono - or disaccharide sugar, isolated polyol, or 
isolated dietary fiber component such as NSP or resistant starch is added to a food 
the specific conversion faction which has not been rounded off must  be used:  
Examples: 
1.2.1  Sucrose sol d as table sugar must  use the conversion factor of 16.5kJ/1g;  
1.2.2  Lactose in milk,  which is the sole source of sugars in milk , must  use the 
conversion factor 16.5kJ /1g.  
1.2.3  Where xylitol is the only polyol used in chewing gum, the conversion factor 
of 13.7kJ /1g must  be used . 
1.2.4  Other conversion factors  
(a) Energy: 1kcal equals 4,18kJ;  
(b) 1g of glycaemic  carbohydrates expressed as monosaccharide  
equivalents — 
(i) measured by direct analysis must  be deemed to contribute 
15.7 kJ (rounded off to 16kJ); or  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  195
181 
 
 
 (ii) when calculated by difference must  be deemed to 
contribute16.7kJ (rounded off to 17kJ);  
(c) 1g of glucose monohydrate must be deemed to contribute 14.1kJ 
(rounded off to 14kJ);  
(d) 1g of glucose must  be deemed to contribute 1 5.7kJ (rounded off to 
16kJ); 
(e) 1g of fructose  must  be deemed to contribute 1 5.7kJ (rounded off to 
16kJ); 
(f) 1g of lactose must  be deemed to contribute 16.5kJ (rounded off to 
16kJ);  
(g) 1g of sucrose must  be deemed to contribute 16.5kJ (rounded off to 
16kJ);  
(h) 1g of starc h and glycogen must  be deemed to contribute 
17.5kJ;(rounded off to 17kJ);  
(i) 1g sucromalt, a full -calorie, low glycaemic sweetener  must  be 
deemed to contribute 16.7kJ (rounded off to 17kJ)  
(j) 1g isomaltulose , a full -calorie, low glycaemic sweetener must  be 
deemed to contribute 16.7kJ (rounded off to 17kJ)  
(k) 1g of NSP fibre shall be deemed to contribute 7.7kJ (rounded off to 
(8kJ);  
(l) 1g of fermentable fibre must  be deemed to contribute 11kJ, excluding 
synthetic polydextrose, fructo -oligosaccharides, inulin and maize 
bran;  
(m) 1g of resistant starch must  be deemed to contribute 11.4kJ (rounded 
off to 11kJ);  
(n) 1g of synthetic polydextrose (5% glucose) must  be deemed to 
contribute 6.6kJ (rounded of f to 7kJ);  
(o) 1g of isolated Fructo -oligosaccharides  must  be deemed to contribute 
11.1kJ (rounded off to 11kJ);  
(p) 1g of isolated inulin(pure) must  be deemed to contribute 11.4kJ 
(rounded off to 11 kJ); This gazette is also available free online at www.gpwonline.co.za196  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
182 
 
 
 (q) 1g of non -digestible oligosaccharides in general conventional 
foodstuffs  must  be deemed to contribute 11.1kJ (rounded off to 11kJ);  
(r) 1g of maize bran must  be deemed to contribute 1,3kJ;  
(s) 1000mg NaCl converts to 400mg Na (1000 divided by a factor of 2.5).  
(t) 1g of protein must  be deemed to contribute 16.8 kJ (rounded off to 
17kJ);  
(u) 1g of alcohol (ethanol) must  be deemed to contribute 29kJ;  
(v) 1g of fat must  be deemed to contribute 37.4kJ (rounded off to 37kJ);  
(w) 1g of organic acid must  be deemed to contribute 13kJ;  
(x) Polyols:  
(aa) 1g of glycerol must  be deemed to contribute 18kJ;  
(bb) 1g of polyol not specified hereunder must  be deemed to 
contribute 10kJ ; 
 
1.3 For the pu rposes of this Annexure, “NSP” means the non -starch or non --
glucan polysaccharides of carbohydrates namely, c ellulose, hemicellulose, pectin , 
arabinoxylans, b -glucan, glucomannans, plant gums, mucilages , and h ydrocolloids;  
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183 
 
 
 TABLE 11: ESTIMATED GLYCAEMIC CARBOHYDRATE CONTENT OF VARIOUS 
POLYOLS  
Estimated glycaemic carbohydrate content of var ious polyols*  
Sugar Alcohol/Polyol  Theoretical 
value  
(kJ) Estimated 
glycaemic 
carbohydrate 
contribution (%)  Final kJ value to 
use in calculation 
of energy  
Erythritol 1 g of Erythritol must  be 
deemed to contribute 1.1 kJ 
(rounded off to 1 kJ)  1.1 0 1 
1g of Xylitol must  be deemed to 
contribute 13.7kJ; (rounded off to 
14kJ)  13.2 50 7 
1g of Mannitol must  be deemed to 
contribute 8.1 kJ (rounded off to 8 
kJ) 8.1 0 8 
1g of Sorbitol must  be deemed to 
contribute 11.7 (rounded off to 12 
kJ); 
 11.2 25 3 
1g of Lactitol shall be deemed to 
contribute 10.7kJ (rounded off to 
11kJ);  10.7 0 11 
1g of Isomalt must be deemed to 
contribute 11.2kJ (rounded off to 
11kJ)  11.2 10 1.1 rounded off to 
1  
1g of Maltitol must  be deemed to 
contribute 13kJ   40 5.2 rounded off to 
5 
Maltitol syrup, (regular, 
intermediate and high maltitol 
syrups   50 6.5 rounded off to 
7 
Maltitol syrup, (high -polymer 
maltitol syrup   40 5.2 rounded off to 
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184 
 
 
 Estimated glycaemic carbohydrate content of var ious polyols*  
Sugar Alcohol/Polyol  Theoretical 
value  
(kJ) Estimated 
glycaemic 
carbohydrate 
contribution (%)  Final kJ value to 
use in calculation 
of energy  
1g of Polyglycitol must  be deemed 
to contribute 13.2 kJ (rounded off to 
13kJ)   40 5.2 rounded off to 
5 
*Source: Table A.1 from ISO26642  
 
References:  
• Elia, M and Cummings, JH. 2007. FAO/WHO Scientific Update on Carbohydrates in Human 
Nutrition: Physiological aspects of energy metabolism and gastrointestinal effects of 
carbohydrates. European Journal of Clinical Nutrition, 61 (Suppl 1): S40 –S74 
• FAO Foodstuffs  and Nutrition Paper no77: Foodstuffs  Energy – methods of analysis and 
conversion factors  
• FSANZ: FINAL ASSESSMENT REPORT APPLICATION A537 REDUCTION IN THE ENERGY 
FACTOR ASSIGNED TO MALTITOL: 05 October 2005 
 
3. PROTEIN CONVERSION FACTORS  
 
TABLE 1 2: FACTORS FOR CONVERTING TOTAL NITROGEN TO PROTEIN  
 
 FACTOR  
Meat, Poultry and Fish  
Eggs:  
  *Whole  
  *Albumin  
  *Vitellin  
Milk and milk products 
Casein  6,25 
6.25 
6,32 
6,12 
6,38 
6,40 
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 FACTOR  
Human milk  
Soya  
Beans  
Nuts:  
  *Almond  
  *Brazil and groundnuts  
  *Others  
Gelatine  
Oil seeds  
Cereals:  
  *Durum wheat  
  *Wheat:  
       **Whole  
       **Bran  
       **Embryo  
       **Endosperm 
  *Rice  
  *Barley, oats and rye  
  *Millet  
  *Maize  
Chocolate and cocoa  
Mushrooms  
Yeast  
Compound foodstuffs  (mixed proteins)  5.69 
6,25 
 
5,18 
5,46 
5,30 
5,55 
5,30 
 
5,70 
 
5,83 
6,31 
5,80 
5,70 
5,95 
5,83 
6,31 
6,25 
4,74 
4,38 
5,70 
6,25 
 
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 ANNEXURE 3  
 
NRVs FOR THE PURPOSES OF THESE REGULATIONS  
 
NUTRIENT  UNIT OF 
MEASUREMENT  INDIVIDUALS FROM THE BEGINNING OF 37 
MONTHS AND  OLDER** 
  Nutrient Reference 
Values 
Requirements  
(NRVs -R) Nutrient Reference 
Values Non 
communicable  
Disease (NRVs -NCD)  
MACRO NUTRIENTS  
Protein  g 50 - 
Saturated fat  g - Daily i ntake  level not 
to exceed is 20 
MICRO NUTRIENTS  
(ELEMENTAL) VITAMINS  
Vitamin A µg or mcg RAE 
or RE  800 - 
Vitamin B 1 or 
thiamine  mg 1,2 - 
Vitamin B 2 or 
riboflavin  mg 1,2 - 
Nicotinic acid, 
nicotinamide or 
niacine mg ne  15 - 
Vitamin B 6 or 
pyridoxine  mg 1,3 - 
Folate ( naturally 
occurring in 
foodstuffs) µg or mcg DFE 400 - This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  201
187 
 
 
 NUTRIENT  UNIT OF 
MEASUREMENT  INDIVIDUALS FROM THE BEGINNING OF 37 
MONTHS AND  OLDER** 
  Nutrient Reference 
Values 
Requirements  
(NRVs -R) Nutrient Reference 
Values Non 
communicable  
Disease (NRVs -NCD)  
Vitamin B 12 or 
cyanocobalamin  µg or mcg  2,4 - 
Biotin  µg or mcg  30 - 
Pantothenic 
acid mg 5 - 
Vitamin C or 
ascorbic acid  mg 100 - 
Vitamin D µg or mcg 15 - 
Vitamin E mg TE or the 
applicable forms 
of vitamin E 
isomers  9 - 
Vitamin K  
(Vitamin K 1 and 
K2 ,when 
naturally 
present in 
foodstuffs and 
does not 
included added 
Vitamin K 1 and 
K2.) µg/mcg  60 - 
(ELEMENTAL) MINERALS  
Boron***  mg 1.5*** - 
Calcium  mg 1000  - This gazette is also available free online at www.gpwonline.co.za202  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
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 NUTRIENT  UNIT OF 
MEASUREMENT  INDIVIDUALS FROM THE BEGINNING OF 37 
MONTHS AND  OLDER** 
  Nutrient Reference 
Values 
Requirements  
(NRVs -R) Nutrient Reference 
Values Non 
communicable  
Disease (NRVs -NCD)  
Chromium  µg/mcg  50 - 
Copper  mg 1.5 - 
Iodine  µg/mcg  150 - 
Iron mg 22 - 
Magnesium  mg 310 - 
Manganese  mg 3 - 
Molybdenum  µg/mcg  45 - 
Phosphorus  mg 550 - 
Potassium  mg - Daily intake leve l to 
achieve is 3 500  
Sodium  mg - Daily i ntake  level not 
to exceed is 2000  
Selenium  µg/mcg  60  
Vanadium****  mg 0.9****  
Zinc mg 14  
Choline  mg 550  
 
• NRVs means a set of numerical values that are based on scientific data for the 
purposes of nutrition labelling and relevant claims for the age which begins at 37 months 
and older. They comprise the following two types of NRVs:  
o Nutrient Reference Values —Requirements refer to NRVs -R that are 
based on levels of nutrients associated with nutrient requirements; 
and This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  203
189 
 
 
 o Nutrient Reference Values —Non -commun icable Diseases refer to 
NRVs -NCD that are based on levels of nutrients associated with the 
reduction in the risk of diet -related non -communicable diseases not 
including nutrient deficiency diseases or disorders.   
 
• The values used in this Table are based o n Recommended Dietary  Allowances 
(RDAs) which will meet the needs of nearly all (97 to 98%)  healthy individuals to 
prevent nutrient deficiencies. RDA values are not  necessarily enough to maintain 
optimum nutritional status and prevent chronic  disease. These values are therefore 
considered to be the minimum amounts  necessary to achieve and maintain optimum 
nutritional status which will assist  in the reduction of disease, specifically degenerative 
diseases of lifestyle.  
 
• The NRV for Boron is 50% of the UL for the age group 1 to 3 years.  No value for 
the age group  birth to 1 year could be established due to lack of data on adverse 
effects for this age group.  
 
• The NRV value for Vanadium is 50% of the UL value for males and  females  from 
19 to 70 years old since no value could be established due to lack of data on 
adverse effects for the other  age groups.  
 
CONVERSION FACTORS FOR CERTAIN VITAMINS AND MINERALS  
Vitamin  Conversion factors  
Vitamin A occurring naturally 
in food  1 mcg retinol activity 
equivalents (RAE) =  
 
OR 1 mcg retinol  
12 mcg β-carotene  
24 mcg other provitamin 
A carotenoids  
2 mcg all -trans -β-
carotene from red 
palm oil.  This gazette is also available free online at www.gpwonline.co.za204  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
190 
 
 
 Vitamin  Conversion factors  
1 mcg retinol 
equivalents (RE) =  1 mcg retinol  
6 mcg β-carotene  
12 mcg other provitamin 
A carotenoids  
Vitamin A added to food  1 mcg retinol  = 1 15 mcg retinyl 
acetate*  
1.83 mcg retinyl 
palmitate*  
*calculated by stoichiometry from retinol  
 
Vitamin  Conversion factors  
Vitamin D  1 mcg cholecalciferol 
(Vitamin D 3) = 
1 mcg Ergocalciferol 
(Vitamin D) 2  = 40 I.U. of Vitamin D 2 and 3  
Vitamin E occurring naturally 
in food  1 mg α -
Tocopherol 
Equivalents (α -
TE) =  RRR -α-tocopherol (d - 
α-Tocopherol)  1 
β- tocopherol  2 
γ-tocopherol  10 
α-tocotrienol  3.3 
β-tocotrinol  20 
Vitamin E added to food  1 mg RRR -α-
tocopherol =  1.10 mg RRR -α-tocophery 
acetate**  
1.23 mg RRR -α-tocopher yl 
succinate**  
2.00 mg all-rac-α-tocopherol (di - 
α-tocopherol***  
**calculated by stoichiometry from RRR- α-tocopherol 
***conversion factor for all-rac-α-tocopherol based on half of activity of RRR- α-tocopherol  
 This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  205
191 
 
 
 Vitamin  Vitamin Dietary 
equivalents 
 Conversion factors  
Niacin  Niacin 1mg niacin 
equivalents (NE) =  1mg niacin  
 
60 mg tryptophan  
 
Folate  1μg dietary folate 
equivalents (DFE) =  1μg food folate  
 
0.6μg folic acid added 
to food oras supplement 
consumed with food  
 
0.5μg folic acid as 
supplement taken  on an 
empty stomach 
 
  This gazette is also available free online at www.gpwonline.co.za206  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
192 
 
 
 ANNEXURE 4 
 
EVALUATION OF PROTEIN QUALITY FOR THE PURPOSE OF WHEN A PROTEIN 
CLAIM IS MADE  
 
1. Recommended r eference amino acid scoring pattern * contains (per 1g 
protein):  
Histidine  20.0 mg 
Isoleucine  32.0 mg 
Leucine  66.0 mg 
Lysine  57.0 mg 
Methionine plus cystine  27.0 mg 
Phenylalanine plus tyrosine  52.0 mg 
Threonine  31.0 mg 
Tryptophan  8.5 mg 
Valine  43.0 mg 
*Recommended amino acid scoring pattern for children (6 months to 3 year): 2011 FAO 
Expewrt  Consultation on Protein Quality Evaluation in Human Nutrition, FAO Food and 
Nutrition paper 92  
 
  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  207
193 
 
 
 2. Template  
 
Reference amino acid 
pattern per 1g protein*  Example foodstuffs  
 
Source of information**  Amino acids 
expressed as % 
from reference  
amino acids  
  Analysed 
amino acids 
(g) in 100 g 
edible 
foodstuffs /…g. 
total  protein  Conversion 
to amino 
acids (g) in 1 
gram protein 
in foodstuffs  Rounded off to 2 
decimal points 
(0.00)  
Histidine (g)  0.020     
Isoleucine (g)  0.032     
Leucine (g)  0.066     
Lysine (g)  0.057     
Methionine plus 
cystine (g)  0.027     
Phenylalanine 
plus tyrosine (g)  0.052     
Threonine (g)  0.031     
Tryptophan (g)  0.0085     
Valine (g)  0.043     
*Recommended amino acid scoring pattern for children (6 months to 3 year): 2011 FAO 
Expert  Consultation on Protein Quality Evaluation in Human Nutrition, FAO Food and 
Nutrition paper 92  
 
** Source of information  
  This gazette is also available free online at www.gpwonline.co.za208  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
194 
 
 
 3a. Example 1: Skim milk, fresh (compliant in terms of protein quality)  
 
Reference amino acid 
pattern per 1g protein*  Skim milk, fresh  
 
Information source: MRC 
Tables Code: 0072(new 
code 2775) **  Amino acids 
expressed as % 
from reference  
amino acids  
  Analysed 
amino acids 
(g) in 100 g 
edible 
foodstuffs / 
3.4g. total  
protein  Conversion 
to amino 
acids (g) in 1 
gram protein 
in foodstuffs  Rounded off to 2 
decimal points 
(0.00)  
Histidine (g)  0.020  0.092  0.027058824  135.29   
Isoleucine (g)  0.032  0.206  0.060588235  189.34   
Leucine (g)  0.066  0.334  0.098235294  148.84   
Lysine (g)  0.057  0.27 0.079411765  139.32   
Methionine plus 
cystine (g)  0.027  0.118  
0.034705882  128.54   
Phenylalanine 
plus tyrosine (g)  0.052  0.33 
0.097058824  186.65   
Threonine (g)  0.031  0.154  0.045294118  146.11   
Tryptophan (g)  0.0085  0.048  0.014117647  166.09   
Valine (g)  0.043  0.228  0.067058824  155.95   
*Recommended amino acid scoring pattern for children (6 months to 3 year): 2011 FAO 
Expert Consultation on Protein Quality Evaluation in Human Nutrition, FAO Food and 
Nutrition paper 92  
 
**Fatty acid and amino acid composition tables – Supplement to MRC Foodstuffs  
Composition Tables (1991)  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  209
195 
 
 
 3b. Example 2: Peanut butter, smooth (non -compliant in terms of protein 
quality)  
 
Reference amino acid 
pattern per 1g protein*  Peanut butter, smooth  
 
Information source: MRC 
Tables Code 6509 (new 
code 3485)* * Amino acids 
expressed as % 
from reference  
amino acids  
  Analysed 
amino acids 
(g) in 100 g 
edible 
foodstuffs / 
24.6g. total  
protein  Conversion 
to amino 
acids (g) in 1 
gram protein 
in foodstuffs  Rounded off to 2 
decimal points 
(0.00)  
Histidine (g)  0.020  0.622  0.025284553  126.42   
Isoleucine (g)  0.032  0.865  0.035162602  109.88   
Leucine (g)  0.066  1.594  0.064796748  98.1 χ 
Lysine (g)  0.057  0.883  0.035894309  62.97  χ 
Methionine plus 
cystine (g)  0.027  0.302  0.012276423  45.47  χ 
Phenylalanine 
plus tyrosine (g)  0.052  1.275  0.051829268  99.67  χ 
Threonine (g)  0.031  0.842  0.034227642  110.41   
Tryptophan (g)  0.0085  0.239  0.009715447  114.30   
Valine (g)  0.043  1.031  0.041910569  97.47  χ 
*Recommended amino acid scoring pattern for children (6 months to 3 year): 2011 FAO Expert  Consultation 
on Protein Quality Evaluation in Human Nutrition, FAO Food and Nutrition paper 92  
 
**Fatty acid and amino acid composition tables – Supplement to MRC Foodstuffs  Composition Tables 
(1991)  
  This gazette is also available free online at www.gpwonline.co.za210  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
196 
 
 
 ANNEXURE  5 
 
LETTER SIZES: DEFINITION OF  x-HEIGHT  
 
x-HEIGHT 
 
 
 
 
Interpretation Key  
1 Ascender line  
2 Cap line  
3 Mean line  
4 Baseline  
5 Descender line  
6 x-height  
7 Vertical Font 
height/font size 
 
This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  211
ANNEXURE 6  
 
THE MAJOR DIETARY CARBOHYDRATES  
 
CLASS (DP*)      SUBGROUP      COMPONENTS  
             (Examples)  
      Monosaccharides     Glucose, galactose, fructose  
 
Sugars (1 -2)     Disaccharides      Sucrose, lactose, trehalose, maltose  
 
      Polyols       Sorbitol, Mannitol, Xylitol, Lactotol  
      Malto -oligosaccharides     Maltodextrins  
Oligosaccharides (3 -9) 
      Other oligosaccharides    Raffinose, stachyose,      
           Fructo -oligosaccharides  
      Starch       Amylose, amylopectin  
            Modified starches  
Polysaccharides (>9)     Non-starch polysaccharides  (NSP)  The non -starch or non -beta-glucan polysaccharides of 
carbohydrates namely, cellulose, hemicellulose, pectin, arabinoxylans, b -glucan, glucomannans, plant gums, mucilages, and hydrocolloids  
 
DP* = Degree of polymerisation  
References:  Carbohydrates in Human Nutrition (1997): Report of a Joint FAO/WHO Expert Consultation, Rome   This gazette is also available free online at www.gpwonline.co.za212  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
ANNEXURE 7  
 
1. CULINARY HERBS AND SPICES ORDINARILY USED IN FOOD 
PREPARATION  
 
HERB/SPICE  BOTANICAL NAME  
 
Allspice  
 Pimenta dioica  
Pimenta officinalis (Berg)  
Aniseed.  Pimpinella anisum  
Anise star  Illicium verum L. 
Bay leaf  
 Laurus nobilis L. 
Caraway  
 Carum carvi L. 
Cardamom  Elettaria cardamomum (Maton)  
Cassia (wild cinnamon, sena leaves)  Cinnamomum burmanii L. 
Cinnamomum cassia L. 
Cinnamomum loureirii (Nees)  
Cinnamomum zeylanicum (Nees)  
 
Cayenne pepper (chilli)  Capsicum annum L. 
Capsicum baccatum L. 
Capsicum frutescens L. and others  
Celery (seed)  Apium graveolens L. 
Chervil  Anthriscus cerefoliom (Hoffm.)  
Chives  Allium schoenoprasum L. 
Cinnamon  See cassia  
Cloves  Eugenia caryophyllus  
Caryophyllus aromaricus L. 
Coriander  Coriandrum sativum L. 
Cumin  Cuminum cyminum L. 
Dill seed  Anethum graveolens L. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  213
199 
 
 
 HERB/SPICE  BOTANICAL NAME  
 
Fennel  Foeniculum vulgare L. 
Fenugreek (Greek hay)  Trigonella foenum -graecum L. 
Garlic  Allium sativum L. 
Ginger  Zingiber officinale L. 
Horseradish  Cochlearia armoracia L. 
Mace (seed coat)  Myristica fragrans (Houtt.)  
Marjoram (motherwort)  Majora hortensis  
 
Origanum  
 
 Origanum vulgare L. 
Origanum spp. 
Origanum majorana L. 
Origanum nitex  
Mustard (black)  Brassica juncea L. 
Brassica nigra L. 
Mustard (white)  Brassica hirta  
 
 Sinapis alba L. 
 
Nutmeg (limed or unlimed)  Myristica fragrans (Houtt.)  
 
Onion  Allium cepa L. 
 
Paprika  Capsicum annuum L. 
Capsicum fragrans L. 
Capsicum frutescens L.  
 
Parsley  Petroselinum carum  
Petroselinum crispum (Hoffm.)  This gazette is also available free online at www.gpwonline.co.za214  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
200 
 
 
 HERB/SPICE  BOTANICAL NAME  
 
 
Pepper (black)  Piper nigrum L. 
Pepper (white)  Piper nigrum L. 
Peppermint  Mentha piperita L. 
  
Poppy seed  Papaver somniferum L. 
Rosemary  Rosmarinus officinalis L. 
Saffron  Crocus sativus L. 
Sage  Salvia officinalis L. 
Savory (bean wort)  Satureja hortensis L. 
Satureja montana L. 
Sesame  Sesamum indicum L. 
Shallot  Allium ascolonicom  
Spearmint (garden mint)  Mentha spicata L. 
Mentha viridus  
Sweet basil (basil wort)  Ocimum basilicum L. 
Tarragon  Artemisia dracunculus L. 
Thyme  Thymus vulgaris L. 
Turmeric (curcuma root)  Curcuma longa L. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  215
201 
 
 
 2a. Herbs not ordinarily used as culinary herbs,  but which are permitted in 
foodstuffs  
 
Herbs that may be accepted as Food (example: for use as a tea) when: a) used 
without any medicinal indications; and b) when not presented in pharmaceutical 
dosage form.  
English Latin  
Name of the plant  Plant part 
used  Name of the plant  
Alfalfa / Lucerne  herb Medicago sativa L.  
Allspice  fruits  Pimenta dioica(L.) Merr. /Pimenta 
officinalisLindl.  
Almond  flowers  Prunus dulcisvar.dulcis  
Almond  seeds  Prunus dulcisvar.dulcis  
Anise  fruits  Pimpinella anisum L.  
Apple  fruits  Malus domesticaBorkh.  
Apple mint  leaves  Mentha suaveolensEhrh.  
Apricot  fruits  Armeniaca vulgarisLam. /Prunus 
armeniacaL.  
Asparagus  shoots  Asparagus officinalisL.  
Bamboo  shoots  Bambusa vulgarisSchrad. ex Wendl.  
Banana  fruits  Musa × paradisiacaL.  
Barley  seeds  Hordeum vulgareL.  
Bay leaves  Laurus nobilisL.  
Beetroot  bulbs  Beta vulgarisvar.vulgaris  
Bilberry / Blueberry  fruits  Vaccinium myrtillusL.  
Bitter Orange  flowers  Citrus aurantiumL.  
Bitter Orange  peel Citrus aurantiumL.  
Bitter Orange  fruits  Citrus aurantium L.  
Black mulberry  fruits  Morus nigraL.  This gazette is also available free online at www.gpwonline.co.za216  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
202 
 
 
 Herbs that may be accepted as Food (example: for use as a tea) when: a) used 
without any medicinal indications; and b) when not presented in pharmaceutical 
dosage form.  
English Latin  
Name of the plant  Plant part 
used  Name of the plant  
Black mustard  seeds  Brassica nigra ( L.) Koch  
Blackberry  fruits  Rubus fruticosusL.  
Blackcurrant  fruits  Ribes nigrumL.  
Blond psyllium  husks  Plantago ovata Forssk.  
Blond psyllium  seeds  Plantago ovata Forssk.  
Blueberry  fruits  Vaccinium corymbosumL.  
Box thorn  fruits  Lycium barbarum L. 
Boysenberry / Loganberry  fruits  Rubus x loganobaccusL.H. Bailey  
Brazil pepper  fruits  Schinus molleL.  
Buchu  leaves  Barosma betulina ( Bergius) Bartl. & 
Wendl. /Agathosma betulinaPillans  
Buckwheat  fruits  Fagopyrum esculentumMoench  
Cabbage  leaves  Brassica oleraceaL.  
Camomile  flowers1  Matricaria recutitaL. / Matricaria 
chamomillaL.  
Camomile  herb2  Matricaria recutitaL. /Matricaria 
chamomillaL.  
Camomile  seeds  Matricaria recutitaL. /Matricaria 
chamomillaL.  
Caper  buds of the 
flowers Capparis spinosaL.  
Caraway  fruits  Carum carviL.  
Cardamom  fruits  Elettaria cardamomum ( L.) Maton  
Cardamom  husks  Elettaria cardamomum ( L.) Maton  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  217
203 
 
 
 Herbs that may be accepted as Food (example: for use as a tea) when: a) used 
without any medicinal indications; and b) when not presented in pharmaceutical 
dosage form.  
English Latin  
Name of the plant  Plant part 
used  Name of the plant  
Carob  fruits  Ceratonia siliquaL.  
Carrot  roots  Daucus carota  subsp.sativus  
Celery  leaves  Apium graveolensL.  
Celery  seeds  Apium graveolensL.  
Chervil  herb Anthriscus cerefolium (L.) Hoffm.  
Chick pea  seeds  Cicer arietinum  subsp.arietinum  
Chicory  herb Cichorium intybusL.  
Chicory  roots  Cichorium intybusL.  
Chilli pepper  fruits  Capsicum frutescensL.  
Cinnamon  bark Cinnamomumspec.  
Cinnamon  flowers  Cinnamomumspec.  
Clove  buds  Syzygium aromaticum ( L.) Merr. & Perry 
/Eugenia caryophyllataThunb.  
Cocoa  seeds  Theobroma cacaoL.  
Cocoa  husks  Theobroma cacaoL.  
Coconut  seeds  Cocos nuciferaL.  
Coffee  seeds  Coffea arabicaL.  
Coffee  seeds  Coffea canephoraPierre ex Froehner 
/Coffea robustaLinden  
Cola nut  seeds  Cola acuminata (P. Beauv.) Schott & 
Endl.  
Cola nut  seeds  Cola nitida (Vent.) Schott & Endl. /Cola 
veraK. Schum.  
Coriander  leaves  Coriandrum sativumL.  This gazette is also available free online at www.gpwonline.co.za218  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
204 
 
 
 Herbs that may be accepted as Food (example: for use as a tea) when: a) used 
without any medicinal indications; and b) when not presented in pharmaceutical 
dosage form.  
English Latin  
Name of the plant  Plant part 
used  Name of the plant  
Coriander  seeds  Coriandrum sativumL.  
Corn  seeds  Zea maysL.  
Cornflower  flowers Cyanus segetum Hill/Centaurea 
cyanusL.  
Cowberry  fruits  Vaccinium vitis -idaea L.  
Crab apple  fruits  Malus sylvestris ( L.) Mill.  
Cranberry  fruits  Vaccinium macrocarponAiton  
Creeping thyme  herb Thymus serpyllumL.  
Cubeb pepper  fruits  Piper cubebaL.f.  
Cumin  fruits  Cuminum cyminumL.  
Date  fruits  Phoenix dactyliferaL.  
Dill herb Anethum graveolensL.  
Dill fruits  Anethum graveolensL.  
Elder  flowers  Sambucus nigra L. 
Elder  fruits  Sambucus nigra L. 
Fennel  fruits  Foeniculum vulgarevar.vulgare  
Fenugreek  seeds  Trigonella foenum - graecumL.  
Fig fruits  Ficus caricaL.  
Fleawort  seeds  Plantago afraL. /Plantago psylliumL.  
French bean  seeds  Phaseolus vulgarisL.  
Garden nasturtium  herb Tropaeolum majusL.  
Garden pea  seeds  Pisum sativumL.  
Garden rhubarb  stems  Rheum rhabarbarumL.  
Garlic  bulbs  Allium sativumL.  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  219
205 
 
 
 Herbs that may be accepted as Food (example: for use as a tea) when: a) used 
without any medicinal indications; and b) when not presented in pharmaceutical 
dosage form.  
English Latin  
Name of the plant  Plant part 
used  Name of the plant  
Ginger  roots  Zingiber officinaleRoscoe  
Globe artichoke  flower head 
including 
receptacl e  Cynara cardunculusL.  
Grape  leaves  Vitis viniferaL.  
Grape  fruits  Vitis viniferaL.  
Grapefruit  fruits  Citrus paradisiMacfad.  
Grapefruit  peel Citrus paradise Macfad.  
Green cabbage / Kale  leaves  Brassica oleraceavar.sabellicaL.  
Guava  fruits  Psidium guajavaL.  
Hazelnut  leaves  Corylus avellanaL.  
Hazelnut  seeds  Corylus avellanaL.  
Hemp  seeds  Cannabis sativa L. (except Cannabis 
sativa subsp. indica)  
Holy basil  herb Ocimum tenuiflorumL. /Ocimum 
sanctumL.  
Honey bush  herb Cyclopia genistoides ( L.) Vent.  
Honey bush  herb Cyclopia intermediaE. Mey.  
Honey bush  herb Cyclopia sessilifloraEckl. & Zeyh.  
Honey bush  herb Cyclopia subternataVogel  
Horseradish  roots  Armoracia rusticanaP. Gaertn., B. Mey. 
& Scherb.  
Jerusalem artichoke  tubers  Helianthus tuberosusL.  
Juniper  fruits  Juniperus communis L. This gazette is also available free online at www.gpwonline.co.za220  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
206 
 
 
 Herbs that may be accepted as Food (example: for use as a tea) when: a) used 
without any medicinal indications; and b) when not presented in pharmaceutical 
dosage form.  
English Latin  
Name of the plant  Plant part 
used  Name of the plant  
Kiwi fruits  Actinidia deliciosa ( A. Chev .) C.F.  Liang 
& A.R. Ferguson  
Lavender  flowers Lavandula angustifoliaMill. /Lavandula 
officinalisChaix.  
Leek  leaves  Allium ampeloprasum 
ampeloprasumLeek Group /Allium 
porrumL.  
Lemon  fruits  Citrus limon ( L.) Burm.f.  
Lemon  peel Citrus limon ( L.) Burm.f.  
Lemon balm  leaves  Melissa officinalis L. 
Lemon balm  leaves  Melissa officinalis L. 
Lemon thyme  herb Thymus × citriodorus ( Pers.) Schreb.  
Lemon verbena  herb Aloysia citriodoraPalau/ Lippia 
triphylla(L´Hér.) Kuntze  
Lemongrass  herb Cymbopogonspec.  
Lime  fruits  Citrus aurantiifolia ( Christm. & Panz.) 
Swingle  
Lime  peel Citrus aurantiifolia  (Christm. & Panz.) 
Swingle  
Lime / Linden  flowers  Tilia cordataMill.  
Lime / Linden  leaves  Tilia cordataMill.  
Lime / Linden  flowers  Tilia platyphyllosScop.  
Lime / Linden  leaves  Tilia platyphyllosScop.  
Linseed  seeds  Linum usitatissimumL.  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  221
207 
 
 
 Herbs that may be accepted as Food (example: for use as a tea) when: a) used 
without any medicinal indications; and b) when not presented in pharmaceutical 
dosage form.  
English Latin  
Name of the plant  Plant part 
used  Name of the plant  
Lovage  herb Levisticum officinaleW. Koch  
Macadamia  seeds  Macadamia ternifoliaF. Muell.  
Mandarin orange  fruits  Citrus reticulataBlanco /Citrus 
deliciosaTen.  
Mandarin orange  peel Citrus reticulataBlanco /Citrus 
deliciosaTen.  
Mango  fruits  Mangifera indicaL.  
Marigold  flowers  Calendula officinalis L. 
Marjoram  herb Origanum majoranaL.  
Maté  leaves  Ilex paraguariensis A. St.-Hil. 
Melon  fruits  Cucumis meloL.  
Millet  seeds  Panicum miliaceumL.  
Mint herb Menthaspec.  
Morello cherry  fruits  Cerasus vulgarisMill. /Prunus cerasusL.  
Nettle  herb Urtica spec.  
Nutmeg  aril Myristica fragrans Houtt . 
Nutmeg  seeds  Myristica fragrans Houtt . 
Oat seeds  Avena sativa L.  
Oat herb Avena sativa L.  
Olive  leaves  Olea europaea L.  
Onion  bulbs  Allium cepaL.  
Oregano  herb Origanum vulgareL.  
Papaya  fruits  Carica papayaL.  
Papaya  leaves  Carica papayaL.  This gazette is also available free online at www.gpwonline.co.za222  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
208 
 
 
 Herbs that may be accepted as Food (example: for use as a tea) when: a) used 
without any medicinal indications; and b) when not presented in pharmaceutical 
dosage form.  
English Latin  
Name of the plant  Plant part 
used  Name of the plant  
Paprika  fruits  Capsicum annuumL.  
Parsley  leaves  Petroselinum crispum  (Mill.) Nym.  
Parsnip  roots  Pastinaca sativaL.  
Passion fruit  fruits  Passiflora edulisSims  
Peach  fruits  Persica vulgarisMill. /Prunus 
persicaBatsch 
Pear  fruits  Pyrus communisL. /Pyrus 
domesticaMed.  
Pepper (green, black, white)  fruits  Piper nigrumL.  
Peppermint  leaves  Mentha × piperitaL.  
Pineapple  fruits  Ananas comosus ( L.) Merrill  
Pistachio  seeds  Pistacia veraL.  
Plum  fruits  Prunus domesticaL.  
Pomegranate  fruits  Punica granatumL.  
Poppy  seeds  Papaver somniferum  subsp.somniferum  
Pumpkin  seeds  Cucurbita pepoL.  
Quince  fruits  Cydonia oblonga Mill.  
Radish  roots  Raphanus sativus L.  
Raspberry  fruits  Rubus idaeus L.  
Red currant  fruits  Ribes rubrumL.  
Rice seeds  Oryza sativa L.  
Rooibos  herb Aspalathus linearis ( Burm.f.)R. Dahlgr.  
Rose  petals  Rosaspec.  
Rose hip  fruits  Rosa canina L.  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  223
209 
 
 
 Herbs that may be accepted as Food (example: for use as a tea) when: a) used 
without any medicinal indications; and b) when not presented in pharmaceutical 
dosage form.  
English Latin  
Name of the plant  Plant part 
used  Name of the plant  
Rosemary  leaves  Rosmarinus officinalis L.  
Saffron  stigmata and 
styles  Crocus sativus L. 
Sage  leaves  Salvia officinalis L.  
Savory  herb Satureja hortensis L.  
Sea buckthorn  fruits  Hippophae rhamnoides L.  
Shiitake mushroom  fruiting body  Lentinula edodes ( Berk.) Pegler  
Silver lime flowers Tilia tomentosa Moench /Tilia argentea 
DC. 
Silver lime  leaves  Tilia tomentosa Moench /Tilia argentea 
DC. 
Sloe fruits  Prunus spinose L.  
Sorrel  herb Rumex acetosa L.  
Spearmint  leaves  Mentha spicata L.  
Spelt  seeds  Triticum aestivum  subsp.spelta  (L.) 
Thell.  
Spinach  leaves  Spinacia oleraceaL.  
Sprouting broccoli  flowers and 
stems  Brassica oleracea L.var.italicaPlenck  
Star anise  fruits  Illicium verumHook.f.  
Strawberry  fruits  Fragaria × ananassaDuchesne  
Strawberry  leaves  Fragaria × ananassaDuchesne  
Sunflower  petals  Helianthus annuusL.  
Sunflower  seeds  Helianthus annuusL.  This gazette is also available free online at www.gpwonline.co.za224  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
210 
 
 
 Herbs that may be accepted as Food (example: for use as a tea) when: a) used 
without any medicinal indications; and b) when not presented in pharmaceutical 
dosage form.  
English Latin  
Name of the plant  Plant part 
used  Name of the plant  
Sweet basil  herb Ocimum basilicumL.  
Sweet blackberry  leaves  Rubus chingii var. suavissimus (S. Lee) 
L.T. Lu/ Rubus suavissimusS. K. Lee  
Sweet cherry  fruits  Cerasus avium ( L.) Moench/Prunus 
avium ( L.) L.  
Sweet fennel  fruits  Foeniculum vulgarevar.dulce b (Mill.) 
Battand. & Trabut  
Sweet orange  flowers  Citrus sinensis ( L.) Osbeck  
Sweet orange  fruits  Citrus sinensis ( L.) Osbeck  
Sweet orange  peel Citrus sinensis ( L.) Osbeck  
Tamarind  fruits  Tamarindus indicaL.  
Tarragon  leaves  Artemisia dracunculusL.  
Tea flowers  Camellia sinensis (L.) Kuntze  
Tea leaves and 
buds  Camellia sinensis (L.) Kuntze  
Tea stems  Camellia sinensis (L.) Kuntze  
Thyme  herb Thymus vulgarisL.  
Turmeric  roots  Curcuma longaL./ Curcuma 
domesticaValeton  
Vanilla  fruits  Vanilla planifoliaAndr. /Vanilla fragrans 
(Salisb.) Ames  
Walnut  seeds  Juglans regiaL.  
Watercress  herb Nasturtium officinale R. Br.  
Watermint  herb Mentha aquatic L.  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  225
211 
 
 
 Herbs that may be accepted as Food (example: for use as a tea) when: a) used 
without any medicinal indications; and b) when not presented in pharmaceutical 
dosage form.  
English Latin  
Name of the plant  Plant part 
used  Name of the plant  
Wheat  seeds  Triticum aestivum L.  
White jasmine  flowers  Jasminum officinale L.  
White mulberry  fruits  Morus alba L.  
White mustard  seeds  Sinapis alba L.  
Yellow plum  fruits  Prunus domestica subsp. Syriaca  
(Borkh.) Janchen ex Mansfeld  
 
2(b). Herbs that are not to be used in foodstuffs  
 
Herbs that may considered not to be ordinarily consumed as food where: a) the 
only reason for its consumption would be a medicinal purpose; or b) particular 
safety concerns are had pertaining to its consumption and requires professional 
oversight.  
English  Latin  
Name of the plant  Plant 
part 
used  Name of the plant  
Agrimony  herb Agrimonia eupatoriaL.  
Aloe vera  leaf gel  Aloe barbadensisMill. /Aloe 
vera(L.) Burm.f.  
Alpine ladies mantle  herb Alchemilla alpinaL.  
Angelica  roots  Angelica archangelicaL.  
Angelica  stems  Angelica archangelicaL.  
Annato  seeds  Bixa orellanaL.  This gazette is also available free online at www.gpwonline.co.za226  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
212 
 
 
 Herbs that may considered not to be ordinarily consumed as food where: a) the 
only reason for its consumption would be a medicinal purpose; or b) particular 
safety concerns are had pertaining to its consumption and requires professional 
oversight.  
English  Latin  
Name of the plant  Plant 
part 
used  Name of the plant  
Apricot  seeds  Armeniaca vulgarisLam. 
/Prunus armeniacaL.  
Barbados cherry  fruits  Malpighia glabraL. /Malpighia 
punicifoliaL.  
Bear garlic  herb Allium ursinum L.  
Bee balm  flowers  Monarda didyma L.  
Bilberry / Blueberry  leaves  Vaccinium myrtillusL.  
Birch  leaves  Betula pendula Roth  
Bitter Gourd  fruits  Momordica charantiaL.  
Bitter Orange  leaves  Citrus aurantium L.  
Black locust  flowers  Robinia pseudoacaciaL.  
Black mulberry  leaves  Morus nigra L.  
Blackberry  leaves  Rubus fruticosus L.  
Blackcurrant  leaves  Ribes nigrum L.  
Blue flag  roots  Iris versicolorL.  
Boldu  leaves  Peumus boldusMol.  
Borage  herb Borago officinalisL.  
Brazil pepper  fruits  Schinus terebinthifolius 
Raddi  
Buckwheat  herb Fagopyrum esculentum 
Moench  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  227
213 
 
 
 Herbs that may considered not to be ordinarily consumed as food where: a) the 
only reason for its consumption would be a medicinal purpose; or b) particular 
safety concerns are had pertaining to its consumption and requires professional 
oversight.  
English  Latin  
Name of the plant  Plant 
part 
used  Name of the plant  
Burdock  roots  Arctium lappaL. /Arctium 
majusBernh.  
Calamus  roots  Acorus calamusL.  
Carrageen  thallus  Chondrus crispus ( L.) 
Stackh.  
Catmint  herb Nepeta cataria L. 
Celery  roots  Apium graveolensL.  
Centaury  herb Centaurium erythraeaRaf.  
Chiretta  herb Swertia chirataBuch. - Ham. 
ex Wall.  
Cinchona  bark Cinchona pubescensVahl 
/Cinchona succirubraPav. ex 
Klotzsch  
Clary sage  flowers  Salvia sclarea L. 
Clary sage  leaves  Salvia sclarea L. 
Clubmoss  herb Lycopodium clavatumL.  
Common speedwell  herb Veronica officinalisL.  
Common wormwood  herb Artemisia absinthiumL.  
Condurango  bark Marsdenia 
cundurangoRchb.f.  This gazette is also available free online at www.gpwonline.co.za228  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
214 
 
 
 Herbs that may considered not to be ordinarily consumed as food where: a) the 
only reason for its consumption would be a medicinal purpose; or b) particular 
safety concerns are had pertaining to its consumption and requires professional 
oversight.  
English  Latin  
Name of the plant  Plant 
part 
used  Name of the plant  
Corn  stigmas 
and 
styles  Zea maysL.  
Couch -Grass  roots  Elymus repens ( L.) Gould 
/Agropyron repens(L.) P. 
Beauv.  
Cowberry  leaves  Vaccinium vitis -idaea L. 
Cowslip / Primrose  flowers  Primula verisL.  
Cowslip / Primrose  roots  Primula verisL.  
Curcuma  roots  Curcuma xanthorrizaRoxb.  
Daisy  flowers  Bellis perennisL.  
Damiana  leaves  Turnera diffusaWilld. ex 
Schult.  
Dandelion  herb Taraxacumsect. Ruderalia 
/Taraxacum officinaleauct.  
Dandelion  roots  Taraxacumsect. Ruderalia 
/Taraxacum officinaleauct.  
Dwarf elder  fruits  Sambucus ebulusL.  
Dwarf mountain pine  shoots  Pinus mugoTurra  
Dyer’s broom  flowers  Genista tinctoriaL.  
Echinacea  herb Echinacea angustifoliaDC.  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  229
215 
 
 
 Herbs that may considered not to be ordinarily consumed as food where: a) the 
only reason for its consumption would be a medicinal purpose; or b) particular 
safety concerns are had pertaining to its consumption and requires professional 
oversight.  
English  Latin  
Name of the plant  Plant 
part 
used  Name of the plant  
Echinacea  herb Echinacea pallida ( Nutt.) 
Nutt.  
Echinacea  herb Echinacea purpurea ( L.) 
Moench  
Echinacea  roots  Echinacea angustifoliaDC.  
Echinacea  roots  Echinacea pallida ( Nutt.) 
Nutt.  
Echinacea  roots  Echinacea purpurea ( L.) 
Moench  
Elder  leaves  Sambucus nigraL.  
Elecampane  roots  Inula heleniumL.  
Eucalyptus  leaves  Eucalyptus globulusLabill.  
European barberry  fruits  Berberis vulgarisL.  
Eyebright  herb Euphrasia officinalisL.  
Field horsetail  herb Equisetum arvenseL.  
Field poppy  flowers  Papaver rhoeasL.  
Fir shoots  Abies spec.  
Fragrant sumac  bark Rhus aromatica Aiton  
Fragrant sumac  root 
bark Rhus aromatica Aiton  
French bean  pods  Phaseolus vulgarisL.  
Fumitory  herb Fumaria officinalisL.  This gazette is also available free online at www.gpwonline.co.za230  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
216 
 
 
 Herbs that may considered not to be ordinarily consumed as food where: a) the 
only reason for its consumption would be a medicinal purpose; or b) particular 
safety concerns are had pertaining to its consumption and requires professional 
oversight.  
English  Latin  
Name of the plant  Plant 
part 
used  Name of the plant  
Galangal  roots  Alpinia galanga ( L.) Willd.  
Ginkgo  leaves  Ginkgo bilobaL.  
Ginseng  roots  Panax ginsengC. A. Mey.  
Goat´s rue  herb Galega officinalisL.  
Golden root  roots  Rhodiola roseaL.  
Golden root  herb Rhodiola roseaL.  
Goldenrod  herb Solidago virgaureaL.  
Ground ivy  leaves  Glechoma hederaceaL.  
Guarana  seeds  Paullinia cupanaH.B.K.  
Gymnema  leaves  Gymnema sylvestre  
(Retz.)R. Br.  
Hawthorn  flowers  Crataegusspec.  
Hawthorn  fruits  Crataegusspec.  
Hawthorn  leaves  Crataegusspec.  
Heartsease  herb Viola tricolorL.  
Hemp  leaves  Cannabis sativa L. (except 
Cannabis sativa subsp. 
indica)  
Herb bennet  herb Geum urbanum  L. 
Herb bennet  roots  Geum urbanum  L. 
Herb of grace / Rue  herb Ruta  graveolens  L. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  231
217 
 
 
 Herbs that may considered not to be ordinarily consumed as food where: a) the 
only reason for its consumption would be a medicinal purpose; or b) particular 
safety concerns are had pertaining to its consumption and requires professional 
oversight.  
English  Latin  
Name of the plant  Plant 
part 
used  Name of the plant  
Hibiscus  flowers 
[calyxes]  Hibiscus sabdariffa L. 
Hibiscus  seeds  Hibiscus sabdariffa L. 
Hollyhock  flowers Alcea roseaL. /Althaea rosea 
(L.) Cav.  
Holy thistle  herb Cnicus Benedictus L. 
Hop flowers  Humulus lupulus  L. 
Horehound  herb Marrubium vulgare  L. 
Horse -Chestnut  bark Aesculus hippocastanum  L. 
Horse -Chestnut  flowers  Aesculus hippocastanum  L. 
Horse -Chestnut  leaves  Aesculus hippocastanum  L. 
Horse -Chestnut  seeds  Aesculus hippocastanum  L. 
Hyssop  herb Hyssopus officinalis  L. 
Iceland moss  thallus  Cetraria islandica  (L.) Ach.  
Juniper  shoots  Juniperus communis  L. 
Juniper  wood  Juniperus communis  L. 
Knotgrass  herb Polygonum aviculare  L. 
Ladies mantle  herb Alchemilla vulgaris  L. 
Lapacho  bark Handroanthus impetiginosus  
(Mart. ex DC.) Mattos 
/Tabebuia impetiginosa  
(Mart. ex DC.) Standl.  This gazette is also available free online at www.gpwonline.co.za232  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
218 
 
 
 Herbs that may considered not to be ordinarily consumed as food where: a) the 
only reason for its consumption would be a medicinal purpose; or b) particular 
safety concerns are had pertaining to its consumption and requires professional 
oversight.  
English  Latin  
Name of the plant  Plant 
part 
used  Name of the plant  
Larkspur  flowers Consolida regalisGray 
/Delphinium consolidaL.  
Lemon myrtle  leaves  Backhousia citriodora  F. 
Muell.  
Lignum vitae  wood  Guajacum  officinale  L. 
Liquorice  roots  Glycyrrhiza glabra L. 
Lovage  fruits  Levisticum officinale W. Koch  
Lovage  roots  Levisticum officinale W. Koch  
Mallow  flowers  Malva sylvestris  L. 
Mallow  leaves  Malva sylvestris  L. 
Manna ash  resin  Fraxinus ornus  L. 
Marjoram  fruits  Origanum majorana L. 
Marshmallow  leaves  Althaea officinalisL.  
Marshmallow  roots  Althaea officinalis  L. 
Meadowsweet  flowers Filipendula ulmaria  (L.) 
Maxim.  
Meadowsweet  herb Filipendula ulmaria  (L.) 
Maxim.  
Mexican Valerian roots  Valeriana edulis  
subsp.procera  (Kunth) F.G. 
Mey. /Valeriana 
proceraKunth This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  233
219 
 
 
 Herbs that may considered not to be ordinarily consumed as food where: a) the 
only reason for its consumption would be a medicinal purpose; or b) particular 
safety concerns are had pertaining to its consumption and requires professional 
oversight.  
English  Latin  
Name of the plant  Plant 
part 
used  Name of the plant  
Mistletoe  herb Viscum albumL.  
Morello cherry  stems  Cerasus vulgarisMill. /Prunus 
cerasusL.  
Mugwort  herb Artemisia vulgarisL.  
Mullein  flowers  Verbascumspec.  
Mullein  leaves  Verbascumspec.  
Nettle  roots  Urticaspec.  
Norway spruce  leaves  Picea abies (L.) H. Karst.  
Parsley  roots  Petroselinum crispum (Mill.) 
Nym. 
Parsley  fruits  Petroselinum crispum (Mill.) 
Nym.  
Passion flower  herb Passiflora incarnataL.  
Pennyroyal  herb Mentha pulegiumL.  
Peony  flowers  Paeonia officinalisL.  
Plantain  herb Plantago majorL.  
Purging cassia  fruits  Cassia fistulaL.  
Quassia  wood  Quassia amaraL.  
Raspberry  leaves  Rubus idaeus L.  
Red clover  herb Trifolium pratenseL.  
Red clover  flowers  Trifolium pratenseL.  
Red sandalwood  wood  Pterocarpus santalinusL.f.  This gazette is also available free online at www.gpwonline.co.za234  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
220 
 
 
 Herbs that may considered not to be ordinarily consumed as food where: a) the 
only reason for its consumption would be a medicinal purpose; or b) particular 
safety concerns are had pertaining to its consumption and requires professional 
oversight.  
English  Latin  
Name of the plant  Plant 
part 
used  Name of the plant  
Rhatany  roots  Krameria lappacea  
(Dombey) Burdet & B. B. 
Simpson /Kameria 
triandraRuiz & Pav. 
Ribwort plantain  herb Plantago lanceolataL.  
Rock rose  herb Cistus incanusL. /Cistus 
creticusL. /Cistus 
villosusauct.  
Roman camomile  flowers Chamaemelum nobile  (L.) 
All. /Anthemis nobilisL.  
Rowan  fruits  Sorbus aucupariaL.  
Sacred lotus  flowers  Nelumbo nuciferaGaertn.  
Safflower  flowers  Carthamus tinctoriusL.  
Sarsaparilla  roots  Smilaxspec.  
Schisandra  fruits  Schisandra chinensis  
(Turcz.) Baill.  
Seneca snakeroot  roots  Polygala senegaL.  
Shepherd’s purse  herb Capsella bursa -pastoris  (L.) 
Medik.  
Siberian ginseng roots  Eleutherococcus senticosus  
(Rupr . & Maxim.) Maxim. / This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  235
221 
 
 
 Herbs that may considered not to be ordinarily consumed as food where: a) the 
only reason for its consumption would be a medicinal purpose; or b) particular 
safety concerns are had pertaining to its consumption and requires professional 
oversight.  
English  Latin  
Name of the plant  Plant 
part 
used  Name of the plant  
Acanthopanax senticosus 
(Rupr. & Maxim.) Harms  
Silverweed  herb Potentilla anserinaL.  
Soap -bark tree  bark Quillaja saponariaMolina  
Southernwood  herb Artemisia abrotanumL.  
Spirulina  algae  Spirulina platensis (Nordst.) 
Geitler  
St. John´s Wort        flowers3  Hypericum perforatumL.  
St. John´s Wort  herb3  Hypericum perforatumL.  
Sweet cherry  stems  Cerasus avium  (L.) 
Moench/Prunus avium  (L.) L.  
Sweet orange  leaves  Citrus sinensis (L.) Osbeck  
Sweet violet  flowers  Viola odorata L. 
Sweet woodruff  herb Galium odoratum  (L.) 
Scop/Asperula odorataL.  
Tea tree  leaves  Melaleuca alternifolia  
(Maiden & Betche) Cheel  
Toadflax  herb Linaria vulgarisMill.  
Tonka bean  seeds  Dipteryx odorata  (Aubl.) 
Willd.  
Tormentil  roots  Potentilla erecta  (L.) 
Raeusch.  This gazette is also available free online at www.gpwonline.co.za236  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
222 
 
 
 Herbs that may considered not to be ordinarily consumed as food where: a) the 
only reason for its consumption would be a medicinal purpose; or b) particular 
safety concerns are had pertaining to its consumption and requires professional 
oversight.  
English  Latin  
Name of the plant  Plant 
part 
used  Name of the plant  
Valerian  roots  Valeriana officinalisL.  
Walnut  leaves  Juglans regiaL.  
White deadnettle  flowers  Lamium albumL.  
White deadnettle  herb Lamium albumL.  
White mulberry  leaves  Morus alba L.  
Wild angelica  fruits  Angelica sylvestrisL.  
Wild angelica  herb Angelica sylvestrisL.  
Wild angelica  roots  Angelica sylvestrisL.  
Wild strawberry  fruits  Fragaria vescaL.  
Wild strawberry  leaves  Fragaria vescaL.  
Willow herb  herb Epilobium angustifoliumL. 
/Chamaenerium 
angustifolium  (L.) Scop.  
Witch hazel  bark Hamamelis virginianaL.  
Witch hazel  leaves  Hamamelis virginianaL.  
Wood betony  herb Stachys officinalis  (L.) 
Trev./Betonica officinalisL.  
Yarrow  flowers  Achillea millefolium L.  
Yarrow  herb Achillea millefolium L.  
Yellow bedstraw  herb Galium verumL.  
Yellow gentian  roots  Gentiana luteaL.  
Yellow sweet clover  herb Melilotus officinalis  (L.) Pall.  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  237
223 
 
 
 Herbs that may considered not to be ordinarily consumed as food where: a) the 
only reason for its consumption would be a medicinal purpose; or b) particular 
safety concerns are had pertaining to its consumption and requires professional 
oversight.  
English  Latin  
Name of the plant  Plant 
part 
used  Name of the plant  
Zedoary  roots  Curcuma zedoaria  (Bergius) 
Rosc.  
 
  This gazette is also available free online at www.gpwonline.co.za238  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
224 
 
 
 ANNEXURE 8  
 
SOUTH AFRICAN NUTRIENT PROFILING MODEL : SCREENING CRITERIA FOR 
THE PURPOSE OF WHETHER A FOOD IS ELIGBLE TO MAKE A HEALTH OR 
NUTRITION CLAIM  
 
NUTRIENT PROFILING SCORING CRITERION  
 
The Electronic Nutrient Profiling Calculator is available on the website of the 
Department of Health: www.health.gov.za  
 
Table 1: Categories of food  
 Column 1  Column 2  
Category  NPSC category  The nutrient profiling 
score must be less than  
1 Beverages  1 
2 Any food other than those included 
in Category 1 or 3.  4 
3 (a) cheese and processed cheese 
with calcium content >320 mg/100 
g)*;  
(b) edible oil;  
(c) edible oil spreads;  
(d) margarine; and  
(e) butter.  
*All other cheeses (with calcium 
content ≤320 mg/ 100 g) are 
classified as a category 2 food 
product.  28 
 
 This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  239
225 
 
 
 Nutrient profiling scoring method  
 
Item 1: Steps in determining a nutrient profiling score  
 
1.1   For a food in Category 1 in Table 1, calculate the food’s –  
1.1.1  baseline points in accordance with item 2 (below); then  
1.1.2  fruit and vegetable points in accordance with item 4 (below) ( V points ); then  
1.1.3  protein points in accordance with item 5 (below) ( P points) ; then  
1.1.4  final score in accordance with item 7 (below) ( the nutrient profile score ).  
 
Note:  
Category 1 foods do not score fibre (F) points.  
 
1.2   For a food in Category 2 in Table 1 , calculate the food’s –  
1.2.1  baseline points in accordance with item 2 (below); then  
1.2.2  fruit and vegetable points in accordance with item 4 (below) ( V points ); then  
1.2.3  protein points in accordance with item 5 (below) ( P points ); then  
1.2.4  fibre points in accordance with item 6 (below) ( F points ); then  
1.2.5  final score in accordance with item 7 (below) ( the nutrient profile score ).  
 
1.3    For a food in Category 3 in Table 1, calculate the food’s –  
1.3.1  baseline points in accordance with item 3 (below); then  
1.3.2  fruit and vegetable points in accordance with item 4 (below) ( V points ); then  
1.3.3  protein points in accordance with item 5 (below) ( P points ); then  
1.3.4  fibre points in accordance with item 6 (below) ( F points ); then  
1.3.5  final score in accordance with item 7 (below) ( the nutrient profile score ).  
 
 
 
 
 This gazette is also available free online at www.gpwonline.co.za240  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
226 
 
 
 Item 2: Baseline points for Category 1 or 2 foods  
 
2.1 Use the information in Table 2 and the formula in item 2.2 to work out the baseline   
points (up to 10 for each nutrient), for the content of each nutrient in 100 g of the 
food product.  
 
Table 2: Baseline Points for Category 1 or 2 Foods  
Baseline 
points  Average 
energy 
content (kJ) 
per 100 g  Average 
saturated 
fatty acids (g) 
per 100 g  Aver age total 
sugars (g) 
per 100 g  Average 
sodium (mg) 
per 100 g  
0  ≤335  ≤1.0  ≤5.0  ≤90  
1  >335  >1.0  >5.0  >90  
2  >670  >2.0  >9.0  >180  
3  >1005  >3.0  >13.5  >270  
4  >1340  >4.0  >18.0  >360  
5  >1675  >5.0  >22.5  >450  
6  >2010  >6.0  >27.0  >540  
7  >2345  >7.0  >31.0  >630  
8  >2680  >8.0  >36.0  >720  
9 >3015  >9.0  >40.0  >810  
10  >3350  >10.0  >45.0  >900  
 
2.2   Calculate the baseline points using the following formula –  
 
Total baseline points =  (points for average energy content) + (points for saturated 
fatty acids) + (points for total sugars) + (points for sodium)  
 
 
 
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 Item 3: Baseline points for Category 3 fo ods  
 
3.1 Use the information in Table 3 and the formula in item 3.2 to work out the baseline 
points (up to 10 for each nutrient), for the content of each nutrient in 100 g of the 
food product.  
 
   TABLE 3: BASELINE  POINTS FOR CATEGORY 3 FOODS  
Points  Average 
energy 
content (kJ)  
per 100 g  Average 
saturated 
fatty acids (g)  
per 100 g  Average total 
sugars (g)  
per 100 g  Average 
sodium (mg)  
per 100 g  
0  ≤ 335  ≤1.0  ≤ 5.0  ≤ 90  
1  >335  >1.0  >5.0  >90  
2  >670  >2.0  >9.0  >180  
3  >1005  >3.0  >13.5  >270  
4  >1340  >4.0  >18.0  >360  
5  >1675  >5.0  >22.5  >450  
6  >2010  >6.0  >27.0  >540  
7  >2345  >7.0  >31.0  >630  
8  >2680  >8.0  >36.0  >720  
9  >3015  >9.0  >40.0  >810  
10  >3350  >10.0  >45.0  >900  
11  >3685  >11.0   >990  
12   >12.0   >1080  
13   >13.0   >1170  
14   >14.0   >1260  
15   >15.0   >1350  
16   >16.0   >1440  
17   >17.0   >1530  
18   >18   >1620  This gazette is also available free online at www.gpwonline.co.za242  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
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 Points  Average 
energy 
content (kJ)  
per 100 g  Average 
saturated 
fatty acids (g)  
per 100 g  Average total 
sugars (g)  
per 100 g  Average 
sodium (mg)  
per 100 g  
19   >19.0   >1710  
20   >20.0   >1800  
21   >21.0   >1890  
22   >22.0   >1980  
23   >23.0   >2070  
24   >24.0   >2160  
 
3.2   Calculate the baseline points using the following formula –  
 
Total baseline points =  (points for average energy content) + (points for saturated 
fatty acids) + (points for total sugars) + (points for sodium)  
 
Item 4: Fruit and vegetable points (V points)  
4.1  V points  can be scored for fruits, vegetables, nuts and legumes including coconut,   
spices, herbs, fungi, seeds and algae ( fvnl) including –  
4.1.1  fvnl that are fresh, cooked, frozen, tinned, pickled,  or preserved; and  
4.1.2  fvnl that have been peeled, diced,  or cut (or otherwise reduced in size), puréed 
or dried;  
and  
4.2   V points  cannot  be score d for –  
4.2.1  a constituent, extract or isolate of a food  
4.2.2  cereal and pseudo grains  
Note:  
An example of a constituent, extract or isolate under paragraph 4(2)(a) is peanut oil 
derived from peanuts  or groundnuts . In this example, peanut oil would not be able 
to score V points. Other examples of extracts or isolates are fruit pectin , oat bran, 
wheat bran, de-ionised fruit juice et cetera . For the purpose s of this Table, “ peanuts ” This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  243
229 
 
 
 mean the kernels of the underground fruit of the plant Arachis hypogaea  of the 
species/legume family Fabaceae  and “groundnuts”  have a similar meaning.  
 
4.3  Despite item 4.2, V points may be scored for –  
4.3.1  fruit juice or vegetable juice as including concentrated juices and purees;  
4.3.2  coconut flesh (which is to be scored as a nut), whether juiced, dried,  or 
desiccated, but not processed coconut products such as coconut milk, coconut 
cream or coconut oil; and  
4.3.3  the water in the centre of the coconut.  
 
4.4 Calculate the percentage of fvnl in the food and not the form of the food 
determined in accordance with item 4.6 (below).  
 
Note:  
The effect of item 4.4 is to make it a requirement to determine the percentage of 
fvnl. For this item only, it is not necessary to consider the form of the food 
determined by item 4.6 (below).  
 
4.5 Use Column 1 of Table 4 if the fruit or vegetables in the food product are all 
concentrated (including dried).  
 
Note:  
For example, if dried fruit and tomato paste are the components of the food product 
for which V points can be scored, column 1 should be  used.  
 
 
4.6   Use Column 2 of Table 3 if –  
4.6.1  there are no concentrated (or dried) fruit or vegetables in the food product; or  
4.6.2  the percentages of all concentrated ingredients are calculated based on the 
ingredient when reconstituted; or  This gazette is also available free online at www.gpwonline.co.za244  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
230 
 
 
 4.6.3  the food product con tains a mixture of a mixture of concentrated fruit or 
vegetables and non -concentrated fvnl sources (after following the formula 
mentioned in item 4.8; or  
4.6.4  the food product is potato crisps or a similar low moisture vegetable product.  
 
4.7   Work out the V poi nts (to a maximum of 8) in accordance with Table 4.  
 
  TABLE 4: V POINTS  
 Column 1  Column 2  
Points  % concentrated fruit 
or vegetable  % fvnl  
0  <25  ≤40  
1  ≥25  >40  
2  ≥43  >60  
5  ≥67  >80  
8  =100  =100  
 
4.8 If the food product contains a mixture of concentrated fruit and vegetables and 
non-concentrated fvnl sources, the percentage of total fvnl must be worked out 
as follows  
(% non -concentrated fvnl ) + (2 x % concentrated fruits or vegetables)               X           
100 
(%non -concfvnl) + (2 x % conc fruits or vegetables) + (% non fvnl ingredient)         
 1 
JWhere –  
% non- concentrated fvnl/concentrated fruit or vegetables means the percentage 
of fvnl in the food.  
 
Fvnl has the meaning given by item 4.1.  
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 4.9 For the formula in item 4.8, potato crisps and similar low moisture vegetables 
products are taken to be non -concentrated.  
 
Item 5: Protein points (P points)  
5.1 Use Table 5 to determine the ‘P po ints’ scored, depending on the amount of 
protein in the food product. A maximum of five points can be awarded.  
5.2 Food products that score ≥ 13 baseline points are not permitted to score 
points for protein unless they score five or more points for fvnl.  
 
  TABLE 5:  P POINTS  
Points  Protein (g) per 100 g  
0  ≤1.6  
1  >1.6  
2  ≥3.2  
3  >4.8  
4  >6.4  
5  >8.0  
 
 
Item 6: Fibre points (F points)  
 
6.1 Use Table 6 to determine the ‘F points’ scored, depending on the amount of 
dietary fibre in the food product. A maximum of five points can be awarded.  
6.2 The prescribed method of analysis to determine total dietary fibre is outlined in 
these  Regulations.  
6.3 Category 1 foods do not score F points.  
 
 
 
 
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    Table 6:  F POINTS  
Points  Dietary fibre (g) per 100 
g 
0  ≤0.9  
1  >0.9  
2  >1.9  
3  >2.8  
4  >3.7  
5  >4.7  
 
Item 7: Calculating the final score  
 
Calculate the final score using the following formula – 
Final score = Baseline points – (V points) – (P points)  
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 ANNEXURE 9  
 
ILLUSTRATIVE LIST OF FOODS THAT NEED ONLY A “DATE OF 
MANUFACTURE” OR A “DATE OF PACKAGING” , AS APPROPRIATE  
AND  FOOD SAFETY IS NOT COMPROMISED IN ANY WAY  
 
• Acetic acid (excluding any fermented kind of vinegars);  
• Any alcoholic beverage as described in the Liquor Products Act , 1989 (Act No. 
60 of 1989);  
• Bakers’ or pastry -cooks’ wares (ready -to-eat flour confectionary), given the 
nature of their content, are normally consumed within 48 hours of their 
manufacture: provided that the date of manufacture is indicated on the scale 
label or in the direct vicinity where the products are displayed;  
• Biltong and dried sausage which have not been pre -packed;  
• Chewing gum;  
• Confectionery products consisting of flavoured and/or coloured sugars;  
• Fresh fruits and vegetables, including tubers, which have not been peele d, cut 
or similarly treated;  
• Honey except for the date the honey was pre -packed;  
• Non-iodized food grade salt;  
• Non-fortified solid sugars;  
• Unprocessed, unpacked fish, unprocessed, unpacked meat and unprocessed, 
unpacked poultry which have not been pre -packed;  
• Wines, liqueur wines, sparkling wines, aromatized wines, fruit wines and 
sparkling fruit wines. 
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 ANNEXURE 10  
 
FRONT OF PACK NUTRITION LABELLING (FOPL) LOGOS  
1) Elements of FOPL  
 
a) Foodstuffs which exceed the nutrient cut -off values of the NPM are required to carry a 
FOPL in terms of regulation 51(1) shall carry a label complying with the specifications 
outlined in this annexure. 
 
b) The FOPL must be clearly visible and, insofar as possible, be integrated into the 
packaging. The FOPL may no t be partially or completely covered by any other element. 
It is also possible to use indelible adhesives on the label, provided that they meet the 
requirements of characteristics, size, and location established in this Annexure.  
 
c) The form of the FOPL shall appear as detailed in figure 1.1.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Figure 1.1  
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 d) The FOPL shall consist of a black -bordered white holding strap containing black 
triangle symbols with white text. The word “WARNING” shall appear on the left side of 
the holding strap as detailed in Figure 1.2. 
 
 
 
 
 
 
 
  
  
Figure 1.2  This gazette is also available free online at www.gpwonline.co.za250  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
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 2) Symbols  
a)  The FOPL shall include symbols for any nutrient of concern exceeding the nutrient cut -
offs specified by the NPM criteria and reflect the symbol correlating with each nutrient 
that is in excess, as detailed below:  
i) Figure 2.1 must appear on any foodstuffs that exceed the threshold set for total 
sugar.  
ii) Figure 2.2 must appear on any foodstuffs that exceed the threshold set for total 
saturated fat.  
iii) Figure 2.3 must appear on any foodstuffs that exceed the threshold set for total 
sodium.  
iv) Figure 2.4 must appear on any foodstuffs that contain artificial sweetener.  
 
 
 
 
 
 
 
 
 
 
 
b) Each FOPL shall carry an ‘” exclamation  mark triangle” as detailed in figure 2.5 which 
will serve as the anchor logo . 
 
 
3) Size of the Logos  
 
Figure 2.1  Figure 2.2  Figure 2.3  
 
 
 
 
 
Figure 2.4  
Figure 2.5  
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 a) The FOPL shall be placed on the top right -hand side of the front of the package.  
 
b) The front of the packa ge shall be calculated utilising the formulas for calculating the 
principal display panel outlined in table 3.1  
 
Table 3.1: Formulas for calculation of principal display panel  
Rectangle  Height x width of largest side  
Cylindrical shape  40% of height x circumference  
Special cylindrical shape  40% of height x circumference OR area of 
the lid (whichever is greatest)  
Tapered tube  40% of the height x average of the top and 
bottom circumference  
Other shapes  40% of total surface  
 
c) Irrespective of the size of the package, the FOPL shall not have a height smaller than 
1.5 cm.  
 
d) The FOPL shall be placed at the top right -hand corner of the front- of-pack and shall 
not be obscured, distorted.  
 
e) The FOPL shall cover no less than the prescribed percentage of the front of package 
as follows:  
i) An FOPL bearing one symbol with the warning triangle shall take up no less than 
10% of the front of the package.  
ii) An FOPL bearing two symbols with the warning triangle shall take up no less than 
15% of the front of the package.  
iii) An FOPL bearing three symbols with the warning triangle shall take up no less than 
20% of the front of the package.  
iv) The FOPL bearing four symbols shall cover no less than 25% of the front of the 
package.  
 
 
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 4) Presentation of logos  
 
a) The exclamation triangle (figure 2.5) must appear on the left side of the holding strap. 
Additional logos must appear next to the exclamation triangle from left to right as 
detailed below. The order of additional logos is not prescri bed. Figures below 
demonstrate the configurations for two, three and four logos .   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
b) Manufacturers may use an alternative configuration of the FOPL should the package 
not allow for the horizontal line. Manufacturers may opt for a vertical configuration on 
the right -hand side of the front -of-pack configured, as shown in Figure 4.1. 
Alternatively, a manufacturer may utilise the clustered configuration, as shown in 
Figure 4.1.  
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Proportions of the Logos  
 
a) The FOPL shall follow the proportions outlined in figures 5.1 to 5.3 as detailed below.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Figure 5.1  
Figure 5.2  Figure 4.1  Figure 4.2  This gazette is also available free online at www.gpwonline.co.za254  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
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a) The alternative vertical or clustered configurations of the FOPL shall follow the 
proportions as outlined in Figures 5.4 and 5.5.  
 
               
 
 
 
Figure 5.3  
Figure 5.4  Figure 5.5  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 14 ApRil 2023  No. 48428  255
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 Colour  
a) The FOPL shall consist of black warning devices and symbols on a white holding strap 
with white text with the following colour composition for elements indicated in black:  
 
 
 
Example colour:  
 
 
 
 
 
 
 
 
 
5) Typography  
 
a) The font used in the iconography is the "Arial Black" family, specifically its "bold" 
presentation . An example of typography is detailed in Figure 6.1  
 
 
 
 
 
 
  
Figure 6.1  
ABCDEFGHIJKLMNO
PQRSTUVWXYZ  Printed by and obtainable from the Government Printer, Bosman Street, Private Bag X85, Pretoria, 0001
Contact Centre  Tel: 012-748 6200. eMail: info.egazette@gpw.gov.za
Publications: Tel: (012) 748 6053, 748 6061, 748 6065
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CONTiNUES ON p AGE 258 OF BOOK 3No. 10177 Regulation Gazette Regulasiekoerant
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REPUBLIEK VAN SUID AFRIKAVol. 694 14April  
AprilNo. 48428 2023Regulation Gazette Regulasiekoerant No. 11572
Part 3 of 3
9771682 58400348340iSSN 1682-5845This gazette is also available free online at www.gpwonline.co.za258  No. 48428  GOVERNMENT GAZETTE, 14 ApRil 2023
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 High Quality Graphics of the Logos  
 
Below are higher resolution versions of the symbols and devices for use in the FOPL  
 
  
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