27 Apr 2023 Now it’s R3337 – the latest draft labelling regulations!
This comes more than two months after the incorrect version of the draft (R2986) was published in January 2023, an unsigned copy was published on 14 April 2023 (R3287), and the incorrect regulation number awarded on 21 April 2023 (R3320).
It’s confirmed that the new, correct version is named R3337!
There are substantial changes to this 200+ page regulation, with comments to be submitted by 21 July 2023. Here are several ways and resources to help you navigate through the compliance maze…
Input from FACTS SA
Time line of the South African labelling regulations
The current regulations (R146) were published in 2010. All of the claims included in the drafts leading up to this document were excluded from the final version, except for nutrient content claims. So when R429 was published in 2014, it suggested the inclusion of multiple claims, as well as a number of other interesting additions.
The present:
The new draft (R3320) is vastly different to its predecessor (R429) in some aspects. It seems to have ‘grown’ rather significantly, with an additional 10 regulations and 22 more than R146, as well as numerous annexures.
The draft is made up of different sections that are similar to what was covered in R429.
The ‘General Provisions’ section includes subsections on presentation, letter sizes, product name, country of origin, date marking, prohibited statements and negative claims.
The ‘Special Provisions’ section includes ingredient list requirements, bulk stock, small packages, pictorial representations, allergens, misleading descriptions, frozen foodstuffs, vegetarian claims and nutritional information.
In the ‘General Information on Claims’ section you will find enrichment of foods, nutrient profiling models, front-of-pack labelling and other claims, while the ‘Nutrition Claims’ section includes nutrient content claims, ingredient content claims and glycaemic index and load claims. The last section is ‘Health Claims’.
The regulations also refer to the Annexures – of which there are 10, following on directly from the regulations, in the same document – and to the Guidelines; these are usually released in a separate document (not printed in the Government Gazette), but have not yet been made available by the Department of Health.
The future:
In order to be able to submit comments to the Department by 20 July 2023, it is important to understand the changes to the regulations and their implications.
We suspect that this will require a side-by-side comparison of the new draft regulations with the current regulations – and in certain cases, with the previous draft as well – to be able to assess the full scope of the latest draft.
Five useful steps to help you get to grips with the new draft regulations and submit your comments:
- Download the draft regulations and the comment sheet.
- Scan the regulations and highlight your specific interests – sections where you have questions and/or want to comment on the content.
- Contact FACTS if you face any challenges interpreting the regulations. Register for our online workshop, which takes place on 17 May 2023.
- Be ready with your comment sheet when you attend the workshop, so you can populate it right there and then.
- Submit your comments before 20 July 2023, for the attention of the Director – Food Control, to [email protected]
Upcoming FACTS SA workshops –
click on the graphics below for more information and to register
Food Focus Webinar
Food Focus has an upcoming FREE upcoming webinar with the food law experts from Hahn & Hahn Attorneys, Janusz Luterek and Isabella Mazzone , who will provide a condensed overview of the content and the changes, to assist you in preparation for submitting comments by the deadline.
This extended webinar will last two and a half hours in duration, due to the length of the Regulations.
Date: 9 May 2023
Time: 09h00 – 11h30
Registration: Click here to Register
Expert help from the ‘Three Musketeers” of SA labelling regulations
Interpreting and understanding the draft requires specialist skill and that’s where this expert team of Nigel Sunley, Jane Badham and Janusz Luterek comes in, combining long experience and multiple skills to assist the industry.
“We are three well-established experts in food science, nutrition and the law, and we’re ready to bring our many years of experience to helping both technical and commercial teams make sense of R3337,” says Nigel Sunley of Sunley Consulting.
The offer
Direct engagement with clients’ teams through either a practical workshop customised for individual companies, one-on-one consultations, or a combination of both.
They will:
- Detail the draft regulation for both technical and commercial staff.
- Help clients understand both the content and consequences.
- Address explicit questions related to specific product portfolios and concerns.
- Assist with the development of comments.
To engage these “Three Musketeers of SA Food Labelling”, contact Nigel Sunley on ni