Consumer Goods Council of South Africa (CGCSA) | CGCSA - …€¦ · Web view2019. 7. 19. · Under the FCD Act the Regulation governing Emulsifiers, Stabilisers and Thickeners

SUMMARY OF COMMENTS RECEIVED & DAFF RESPONSES: 2 ND DRAFT AMENDMENT OF THE DAIRY PRODUCTS AND IMITATION DAIRY PRODUCTS REGULATIONS

(CIRCULATED ON 29 MAY 2019 – DUE DATE FOR COMMENTS: 07 JUNE 2019)

REGULATIONNUMBER

PROPOSED CHANGE MOTIVATION/JUSTIFICATION FOR CHANGE DAFF RESPONSE

PAGES 1 - COVER PAGE

cover page (c) determined that the said regulations shall come into operation 6 months after date of publication thereof.

Change 6 months to 12 months

This may cause packaging waste The majority of the incorporated changes are already implemented via the previous industry dispensations that were issued. Thus, the 6 months implementation period will be extended to 9 months.

DEFINITIONS

“competition” Definition is not levelling the playfield Is this not anti-competitive? During the first round of comments, it was clarified that Milk SA has been the representative body in the dairy industry for the past 17 years. They also deal with issues of mutual interest to the primary and secondary dairy industry. In view of their history and involvement in numerous dairy competitions over the years as well as the important role they

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continue to play in the industry, it then becomes accepted that competitions of this nature should be recognised by them.

“dairy permeate”

I propose to add the words “or whey” so that the definition reads: ”by removing milk fat and milk protein or whey protein but not lactose, from milk (high fat, full fat, medium fat, low fat or fat free) or whey, through the use of membrane filtration and to the extent practical;

Permeates can be obtained from both milk as well as whey. The wording will be aligned with that of the definition for “dairy retentate”. Codex standard CXS 331 also makes provision for dairy permeate obtained from whey.

Noted. Necessary changes will be incorporated accordingly as indicated below.

“dairy permeate”

means the product obtained by removing milk fat and milk protein or whey protein but not lactose, from milk (high fat, full fat, medium fat, low fat or fat free) or whey through the use of membrane filtration and to the extent practical;

Whey protein is already part of milk protein, so no need to repeat

Permeate can also be obtained from whey

Noted. Necessary changes will be incorporated accordingly.

“dairy retentate"

means the product obtained by removing milk fat and milk protein or whey protein but not lactose, from milk (high fat, full fat, medium fat, low fat or fat free) or whey through the use of membrane filtration and to the extent practical;

Whey protein is already part of milk protein, so no need to repeat


“strained” means the process by which the protein content of a dairy product instead of fermented dairy product.

The rest of the sentence reads ….”by means of physical straining prior to or after fermentation”.


REGULATION 3 - CLASSES OF DAIRY PRODUCTS

3(2) Remove this regulation. Reduced fat not mentioned here. Just keep compliance as per FCD Act. 1972 (Act No. 54 of 1972) (Department of Health).

This provision provides for classes and compositional parameters of cheeses only. Since the milk fat in dry matter content parameters in

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Table 10 covers the full spectrum, i.e. there are no gaps in between the fat classes, a comparative claim such as ‘reduced fat’ cannot be made since the cheese will then automatically fall into the next fat class and has to be designated as such. When comparative claims are made with regard to the sugar, sodium or salt, cholesterol, energy value, etc., the provisions in regulation R.146 dated 1 March 2010 of the Department of Health will apply.

REGULATION 5 - STANDARDS FOR MILK, FLAVOURED MILK AND MILKSHAKE

5(3)(a) (a) means a heat treated and flavoured primary dairy product of the class milk to which food additives have been added to accomplish thickening and/or facilitate foaming after it has been shaken; and

Add the following to 5(3)(a): means a heat treated and flavoured primary dairy product of the class milk to which food additives have been added to accomplish thickening and/or facilitate foaming after it has been shaken and the foam is maintained for no less than 30 seconds; and

Any milk product containing protein and fat will foam after shaken. Flavoured milk also forms foam after it is shaken but it is not necessarily a milkshake. The time for which the foam keeps its structure will determine whether the product can be classified as a milkshake. We do not want consumers to be misleading when buying flavoured milk and milkshakes.


5(3)(a) Reasonable time needs to be defined For alignment and enforcement Please see the above proposal provided as we had requested guidance from the industry in this regard in our responses to the

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previous comments received.

Table 1 Milk fat content (%)(m/m) for full cream milk/ full fat milk/ whole milk / milk: 3.3 – 4.5

Amend to:Milk fat content (%)(m/m) for full cream milk/ full fat milk/ whole milk/ milk: 3.2 –4.5

We note that DAFF did not accept this change in the first round of comments. However, we would like to request more information as why DAFF did not accept this?This change was accepted in the by the Dairy Task Team (DTT), however now it is not accepted. Was there a communication prior to the draft to communicate this change in view?Can DAFF please provide more clarity as to why this change is no longer accepted?

In view of the objections received during the second circulation of proposals from the Dairy Industry Technical Workshop meeting for comments, it was necessary for this office to reconsider its initial position regarding this proposal. Thus, a decision was taken to not support this proposal. The change in decision was communicated in the summary of comments received for the second circulation of proposals concerned, which this office will gladly make available on request.

Table 1 We strongly support the DAFF responses to the proposed change of the milk fat content for the full cream milk / full fat milk / whole milk / milk: 3.2 – 4.5.

Noted.

REGULATION 6 - STANDARDS FOR CULTURED MILK

6(1)(b) We strongly support the DAFF responses to the proposed removal of this clause.

Noted.

6(1)(b) 6(1)(b) – remove We note that DAFF does not support a shelf stable maas product as part of the current regulation. However, if one wanted to launch a shelf stable maas (with no live cultures) in future, under which class in the regulation would be classified? The product will not be dairy snack as it will comply with all the standards for maas except the condition

For a dairy product to be labelled and classified as maas, it must comply with all the prescribed compositional requirements for maas. However, as prescribed by reg.29(5), the applicable class

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for live cultures. Could DAFF kindly provide more information in this regard?

designation for the dairy product concerned shall be ‘heat treated fermented milk’ or ‘heat treated dairy product’ if it has been heat treated after fermentation.

6(1)(b) This clause is agreed with in principle, following the explanation of DAFF on the 1st round of comments. In fact the same requirement is already in place in 10(1)(c) and 11(d).

There is a question however, if these requirements are contradictory to the provisions of 29(5) and if it will still be possible to manufacture a “Heat treated fermented milk” as per the requirements of 29(5)

The provisions of reg.29(5) do not contradict those of regs.10(1)(c) and 11(d) but rather provide for fermented dairy products which yoghurt falls under, that have been heat treated after fermentation. Thus, it is still possible to manufacture the dairy product concerned but the applicable class designation shall be ‘heat treated fermented milk’ or ‘heat treated dairy product’ and not ‘yoghurt’.

REGULATION 10 - STANDARDS FOR YOGHURT AND DRINKING YOGHURT

10(2) If a specific micro-organism is used in conjunction with the sale of yoghurt, strained yoghurt or drinking yoghurt and where the content claim is made in the labelling that refers to the presence of such specific micro-organism that has been added to supplement the yoghurt culture, it shall contain at least 107 colony forming units per gram (CFU/g) of that specified micro-organism.

A comment that the min.107 cfu/g for labelled

Codex Stan 243-2003 on Fermented Milks

3.2 Composition

Labelled microorganisms (b) (cfu/g, total)

• Fermented milk – min 106

• Yoghurt, Alternate Culture Yoghurt and Acidophilus milk – min 106


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microorganisms in the current regulation and draft appears to be different from that in the current Codex Standard.

(b) Applies where a content claim is made in the labelling that refers to the presence of a specific microorganisms (other than those specified in section 2.1 for the product concerned) that has been added as a supplement to the specific starter culture

10(4)(a) Add the following to 10(4)(a):(a) means a heat treated and flavoured primary dairy product of the class milk to which food additives have been added to accomplish thickening and/or facilitate foaming after it has been shaken and the foam is maintained for no less than 30 seconds; and

Any milk product containing protein and fat will foam after shaken. Flavoured milk also forms foam after it is shaken but it is not necessarily a milkshake. The time for which the foam keeps its structure will determine whether the product can be classified as a milkshake. We do not want consumers to be misleading when buying flavoured milk and milkshakes.


REGULATION 11 - STANDARDS FOR YOGHURT AND DRINKING YOGHURT WITH OR WITHOUT ADDED FOODSTUFF

11(6) If a specific micro-organism is used in conjunction with the sale of any type of yoghurt with added foodstuff and/or fruit, and where the content claim is made in the labelling that refers to the presence of such specific micro- organism that has been added to supplement the yoghurt culture, it shall contain at least 107 colony forming units per gram (CFU/g) of that specified micro-organism.


REGULATION 12 – STANDARDS FOR CREAM, CULTURED CREAM AND ACIDIFIED CREAM

Table 9 We strongly support the DAFF response to the Noted.

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proposed change regarding "Fresh Cream".

REGULATION 13 - STANDARDS FOR CHEESE WITH OR WITHOUT ADDED FOODSTUFF

13(5) 13(5) and applicable to regulations where this is mentioned.

More clarity required regarding the 10 percent less. Clarify if it the statement should be read as 10% less or 10% points less.

50% - 10% = 45%

50% - 10% points = 40%

The intension of the provision concerned is to allow up to 10% less than the minimum prescribed fat in dry matter and dry matter percentage, for example 50% - 10% = 40%.

13(8)(b) Suggestion – remove enjoy and replace with “Protected under ….. and state the document”

Suggestion Noted. Necessary changes will be incorporated accordingly.

Table 10 Expand the table to allow for all the fat categories under each cheese type.

There are several cheese types not catered for in this table i.e. no provision for a reduced fat hard cheese or a high / full fat soft/ semi-soft cheese

The intension of Table 10 is for the different prescribed classes and class designations to apply to all types of cheeses. Thus going forward in an effort to avoid any confusion, the five rows under the first column titled “type of cheese” will be removed so that the prescribed different classes and class designations are seen to apply to all types of cheeses.

Table 11 Maximum FIDM content for Cheddar to be removed. In the UK Cheese regulations, there is no maximum FIDM value, only a minimum value. This addition to the table must be removed to only have a minimum value requirement.

The incorporation of the maximum FIDM value in this regard is to provide a clear range for each fat class. The FIDM and minimum DM content parameters are all based on the latest Codex standard for Cheddar (Stan 263 –

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1966; amended in 2013).

Table 11 Baby Gouda to be defined Legally no difference between a Baby Gouda and gouda or sweetmilk cheese

The proposal is supported and will be accommodated accordingly.

Table 11 Mature goudaFat in Dry Matter: min 48Dry matter: min 58Min ripening period: 12 weeks

There is no class designation for mature gouda i.e. a gouda of 3 weeks and 1 day can be classified as mature or vintage.

The proposal is supported, however, the min. ripening period will be set at 16 weeks based on further consultation with stakeholders and information sourced from international legislation.

Table 11 Change Maximum Milk fat in dry matter content (%) (m/m) of 59 to “<60” for Cheddar.

As per current legislation a fat of dry matter of >59 and <60 is not allowed, therefore recommendation to ‘close the gap’

The proposal is not supported. No gap exists as the maximum FIDM for cheddar is 59 and the minimum FIDM for high fat cheddar is 60.

Table 11 Keep compositional standards as per R260 for Medium fat cheddar.

Change Minimum Milk fat in dry matter content (%) (m/m) of ‘30’ to ‘35’ and change the Minimum dry matter content (%) (m/m) from ‘53’ to ‘48’.

Why the change required? We currently producing product that will be affected by this change. Either class designation or compositional change. Would prefer to keep as is.

The parameters were adjusted to align it with the Codex standard for Cheddar (Stan 263-1966; amended in 2013) and will thus be retained as is.

Table 11 Change the Maximum Milk fat in dry matter content (%) (m/m) of ‘44’ to ‘<45’ for Semi Hard cheese Medium fat Edam.


The proposal is not supported. No gap exists as the maximum FIDM for Medium fat Edam is 44 and the minimum FIDM for Edam is 45.

Table 11 Change the Maximum Milk fat in dry matter content As per current legislation a fat of dry matter of >44 and <45 is The proposal is not supported. No

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(%) (m/m) of ‘44’ to ‘<45’ for Medium Fat Feta. not allowed, therefore recommendation to ‘close the gap’ gap exists as the maximum FIDM for medium fat Feta is 44 and the minimum FIDM for Feta is 45.

Table 11 Change the Maximum Milk fat in dry matter content (%) (m/m) of ‘47’ to ‘<48’ for Medium Fat Gouda.


The proposal is not supported. No gap exists as the maximum FIDM for medium fat Gouda is 47 and the minimum FIDM for Gouda is 48.

Table 11 Change the Maximum Milk fat in dry matter content (%) (m/m) of ‘59’ to ‘<60’ for Brie.

As per current legislation a fat of dry matter of >59and <60 is not allowed, therefore recommendation to ‘close the gap’

The proposal is not supported. No gap exists as the maximum FIDM for Brie is 59 and the minimum FIDM for high fat cheddar is 60.

Table 11 Change the Maximum Milk fat in dry matter content (%) (m/m) of ‘59’ to ‘<60’ for Brie.

As per current legislation a fat of dry matter of >59 and <60 is not allowed, therefore recommendation to ‘close the gap’. This is already the maximum for current product in the market (current legislation no maximum value).

The proposal is not supported. No gap exists as the maximum FIDM for Brie is 59 and the minimum FIDM for high fat Brie is 60. The incorporation of the maximum FIDM value in this regard is provide a clear range for Brie under the full fat class so as to allow the incorporation of FIDM for the high fat Brie.

Table 11 Change the minimum Milk fat in dry matter content (%) (m/m) of ‘54’ to ‘<60’ for Camembert.

Current product for consumers are produced in this spec. The proposal is not supported. The change was incorporated in an effort to align the correspondence of the FIDM with the prescribed Dry matter stipulated by Codex.

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Table 11 Change the Maximum Milk fat in dry matter content (%) (m/m) of ‘54’ to ‘<60’ for Camembert.

Current product in market is at recommended level (current legislation no maximum value).

The incorporation of the maximum FIDM value in this regard is to establish a fixed range for Camembert under the full fat class so as to allow the incorporation of a minimum FIDM for the class high fat Camembert. These changes ensure that the parameters for each fat class are fully aligned with the latest Codex standard for Camembert (Stan 27 6- 1973; amended in 2010).

Table 11 Change the Maximum Milk fat in dry matter content (%) (m/m) of ‘44’ to ‘<45’ for Medium Fat Mozzarella.


The proposal is not supported. No gap exists as the maximum FIDM for medium fat Mozzarella is 44 and the minimum FIDM for Mozzarella is 45. These changes ensure that the parameters for each fat class are fully aligned with the latest Codex standard for Mozzarella (Stan 262-2006; amended in 2016).

REGULATION 14 - STANDARDS FOR PROCESS CHEESE AND CHEESE SPREAD WITH OR WITHOUT ADDED FOODSTUFFS

14(2)(b) Remove 14 (2)(b)And amend to read as follow:In the case of all process cheese or cheese spread with or without added foodstuff not presented for sale as a specific cheese referred to in paragraph (a) above, cheese shall at least be the second ingredient in the final product concerned.

The production of process cheese (as we find it onThe market at the moment) is not possible withoututilising water as the main ingredient. If cheese were to be the main ingredient in the final product, the class process cheese as we know it will cease to exist as the product will become too expensive and will no longer serve its purpose as an affordable alternative to natural cheese.

The proposed changes were incorporated to clarify the existing regulation 14(2)(b) and ensure that it is more specific and prescriptive about the main ingredient which is cheese. It has to be noted that as per the

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incorporated definition for ‘main ingredient’ also used in regulation R.146 dated 1 March 2010 of the Department of Health, “main ingredient” means the ingredient(s) in a foodstuff which by weight or volume, whatever is applicable, contributes the highest percentage mass, excluding water.” Thus, technically this provision implies that cheese shall be the second ingredient in the final product only after water.

REGULATION 15 - STANDARDS FOR COTTAGE CHEESE WITH OR WITHOUT ADDED FOODSTUFFS

Table 15 Remove low fat and fat free class designations for Cottage cheese with and without added foodstuffs

Keep as per current legislation, therefore compliance to FCD Act. 1972 (Act No. 54 of 1972) (Department of Health). With the removal of Regulation 3(2) and this mentioned here the low fat, fat free and reduced fat cheeses will comply to the same standards as per Department of Health.

The proposal is not supported. All cheese products are concentrated since they are strained during the manufacturing process and will hence have a higher milk fat in dry matter content than milk for example. This is evident from the FIDM specifications for cheeses in Tables 11 and 12, processed cheese in Table 13 and cream cheese in Table 14. The classes “low fat” and “fat free” can therefore not be based on the requirements in Table 1 of regulation R.146 of the Department of Health, and it was

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necessary to use the FIDM specifications for “low fat” and “fat Free” provided for in Table 10 as guidelines.

REGULATION 17 - STANDARDS FOR BUTTER AND CULTURED BUTTER WITH OR WITHOUT ADDED FOODSTUFFS

17(4) If more than xx% of the fat from butter originates from whey cream, the expression “whey” shall precede the applicable class designation.

The definition is unclear. Does this refer to butter made from 100% whey cream only?

The provision refers to butter manufactured from whey cream only. Amendment by adding “only” in an effort to effect clarity in this regard will be effected and a description of what ‘whey cream’ means will also be incorporated.

Table 16 Remove “butter with added foodstuff” and Remove “cultured butter with added foodstuff” from the table.

Apply same philosophy as for ‘cheese with added foodstuffs”, therefore include:

“In the case of butter or cultured butter with added foodstuffs the minimum milk fat content may be up to 20percentage points less than that specified in Table 16”

The table concerned has been amended accordingly and the relevant wording incorporated - please refer to the amended third/ final draft in this regard.

REGULATION 18 - STANDARDS FOR MODIFIED BUTTER AND MODIFIED CULTURED BUTTER WITH OR WITHOUT ADDED FOODSTUFFS

Table 17 This is a query. Please include a new category for modified butter that contains total fat content of 65-75%. As per table 17, new category will fall in-between Full fat and medium fat modified fat.

To support new innovations. The gap concerned will be reduced in a similar manner as that of butter, i.e. total fat content for the full fat class shall read as “75% - 85%” and for the medium fat class, the total fat content shall read as “50% - 70%”.

REGULATION 19 - STANDARDS FOR DAIRY POWDER AND DAIRY POWDER BLEND

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Table 18 Minimum milk protein content %(m/m).

Exclude the further stipulation of calculated on a milk solids non-fat basis.

This will align with CODEX.

International buyers of whey powder buy on the CODEX spec and the different expression of the S.A. legal spec vs the CODEX spec creates confusion.


Table 18 Add sweet whey as a class designation in line with Codex

There is commercial demand for sweet whey, especially amongst the international traders.


Table 18 Add pH as a specification Align with codex Noted. Necessary changes will be incorporated accordingly.

REGULATION 20 – STANDARDS FOR MILK FAT

Table 19 Numbering of columns Noted.

REGULATION 22 – STANDARDS FOR DAIRY DESSERTS WITH OR WITHOUT ADDED FOODSTUFF AND/OR FRUIT

22. To allow for:(a) the removal of Dairy Snacks from Table 21 with the Dairy Dessert and Custard remaining under Table 17, (b) the creation of a new table for a separate category

of products in regulation R.260, namely “Dairy Snacks -- ‘X’ based” (where ‘X’ refers to the type‐ of dairy product concerned),

(c) the inclusion of fat classes as determined by the ‘X’ base used as set out in R.260 and(d) a minimum protein content for the new category

of products. The following standards shall apply for Dairy Snack -‘X’ based products:

It is noted that DAFF do not agree with addition ofthe “x-based” classification system of dairy snacks. However, we still believe that this in the best interest of the consumer as there will not be enough information available on the packaging for the consumer to make an informed choice. The consumer will not be able to differentiate between a “maas-based” vs. “yoghurt-based” vs. “condensed milk-based” dairy snack, and the sensory profile of these products will be vastly different. The dairy industry needs to innovate in the space of creating more affordable dairy product to remain competitive in the current market. The mindset of the dairy industry should be one of a combining force to ward of external threats that has (or is) resulting in e.g. butter losing share to

It has to be noted that the majority of comments received during 2018 and the motivation/ reasoning provided in this regard were objecting this proposal. As a result, this office introduced a new draft proposal for Dairy Desserts in the first draft regulation that was circulated for comments on 27 February 2019. Furthermore, this office is convinced that there are many

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“22(A)(1) Dairy Snack - ‘X’ based products shall –(a) consist of a mixture of primary dairy

products: Provided that a particular primary dairy product (e.g. yoghurt cheese, etc.) shall form the base and shall be the main ingredient in the final product concerned; and

(b) contain no animal, plant or marine fat. (2) Dairy Snack - ‘X’ based products may contain

added foodstuffs and food additives as allowed for under regulation 4(3).

(3) (a) Subject to the provisions of regulations 25(2)(a) and 26, the class designation in the case of Dairy Snack - ‘X’ based products shall be indicated as follows:

‘Dairy Snack’ (first line) ‘X’ based’ (second line) (where ‘X’ refers to the type of dairy product concerned)

(b) The letter ‘X’ in the class designation shall be replaced by the name of the primary dairy product forming the base of the product concerned and indicated in a letter size at least 50% of the size of the name “Dairy Snack’.

(c) The fat class classification for the Dairy Snack ‐ ‘X’ based product shall correspond with the prescribed fat classes of the primary dairy product forming the base of the product concerned.

(d) In the case of the yoghurt--‐based variant, viable yoghurt cultures shall be present in proportion to the percentage of yoghurt used

margarine, or milk (milk powder) losing share to creamers etc. This trend will continue if the dairy industry does not unite and take on a mindset of innovation.

innovative ways that do not contravene provisions of the dairy regulation that can be utilised by manufacturers to help consumers distinguish between the various types of dairy snacks e.g. variant names.

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in the dairy snack concerned.(4) The primary dairy product forming the base of the

Dairy Snack –‘X’ based product concerned shall be subject to the requirements on Quantitative Ingredient Declarations (QUID), As specified in the regulations published under

the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972).

TABLE 19ACLASSES OF AND STANDARDS FOR DAIRY SNACK - ‘X’

BASED PRODUCTSType of

dairy product

Class/ Class designation

Alternate class designation

Minimum milk protein content

calculated on a fat-free basis(%)(m/m)

1 2 3 7

1.Dairy Snack – ‘X’ based

High fat dairy snack – ‘X’ based

Double cream dairy snack – ‘X’ based

1.5

Full fat dairy snack – ‘X’ based

Full cream dairy snack – ‘X’ based

1.5

Medium fat dairy snack – ‘X’ based

Full cream dairy snack – ‘X’ based

1.5

Low fat dairy snack – ‘X’ based

* 1.5

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Fat free dairy snack – ‘X’ based

Skim(med) dairy snack – ‘X’ based

1.5

22. I support the clarity on Dairy Desserts and in particular the alternative class designation Dairy Snack, as set out in the new regulation 22 and Table 21.

Noted

22(1)(b) I have a question though on the rationale to prohibit the use of non-milk fats in dairy desserts. I propose that this requirement is removed.

The use of non-cow’s milk fats is allowed in other dairy classes with the appropriate class designation requirements, i.e. “modified” or “imitation”, whichever applicable, as well as other related requirements as already provided for in the regulations. It is not clear why Dairy Desserts should not contain fats from other origin and I believe this prohibition might hamper innovation and also the accessibility of lower income groups to the desserts category.

This provision provides clarity that the use of non-dairy fat is prohibition in dairy dessert and dairy snack and it further implies that in a case that such non-dairy fat is used, the applicable class designation shall include the word “modified”. This prohibition provision also forms part of various other dairy products standards that are very likely to include non-dairy fat, e.g. butter, dairy powder, dairy powder blend, dairy liquid blend, etc.

22(3) Spoonable and sliceable – define Strained is also defined Noted. Necessary changes will be incorporated accordingly.

REGULATION 26 – MARKING OF CONTAINERS AND OUTER CONTAINERS

26(5)(b)(i) small or mini serving containers – define For alignment and enforcement It is defined, please refer to definitions.

REGULATION 28 – ADDITIONS TO CLASS DESIGNATION

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28(5) The expression “plain” may form part of the class designation and/or be indicated in its own if no foodstuff, fruit or flavouring has been added to a dairy product or imitation dairy product. Use on instead of in.

Typing error Noted. Necessary changes will be incorporated accordingly.

28(10)(c) (c) ultra pasteurised, pasteurised and unpasteurised /raw cream

Cream is defined as primary dairy product as partof R260. The definition of a primary dairy productis:“means milk or a product that has been derived or manufactured solely from milk, and to which no substances other than permitted food additives not intended to replace any part of the milk solids in that product are added, and includes a product that consists of a combination of two or more such products;”.

The definition allows for the addition of permitted food additives. R260 however does not make any mention of what the permitted food additives for cream will be and therefore the Foodstuffs, Cosmetics and Disinfectants Act of 1972 become applicable. Under the FCD Act the Regulation governing Emulsifiers, Stabilisers and Thickeners and the amounts thereof that Foodstuffs may contain, R2527 of 1987, allows for the use of certain stabilisers in cream. Thus, based on the definition of a primary dairy product, cream containing stabilisers still remain a primary dairy product.Furthermore, R260 (31)(11) allows for the use of the word “fresh” on raw, pasteurised and ultra-pasteurised milk without added foodstuffs. In thecase of cream, it merely refers to a primary dairyproduct and only allows for the use of the word“Fresh” on raw and pasteurised cream. Ultra-pasteurisation is omitted for cream. The process


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ultra-pasteurisation cannot be described as “fresh” in one instance and then not in another. This can be deemed as misleading as the description “fresh” is not applied consequently on dairy products. We believe there that the description “fresh” should be permitted for use on ultra-pasteurised cream with stabilisers as well.

GENERAL

General We agree with the DAFF responses in general. Noted.

Margin of error

We strongly support the DAFF responses to the proposed change that no Tables shall include percentage margin of error.

Noted.

Crispy Cheese Nibbles

Include category (Class name): Crispy Cheese Nibbles

Composition: (a)Shall be a product obtained by “popping” cheese (e.g. cheddar or gouda etc.)

Labelling: The following class designation may be used instead of “Dairy Snack”: Crispy Cheese Nibbles, preceded by the type / class name of applicable cheese

Min. FIDM %

Max. FIDM %

Min. DM %

Crispy Cheese Nibbles Gouda

20 47 92

Crispy Cheese 20 92

The existing dairy products and imitation dairy products regulations (R.260) do not currently make provision for a product called Crispy cheese nibbles.

The compositional parameters of the product concerned are too far removed from that of cheese. The broader dairy industry will have to be engaged regarding the product concerned before it can be incorporated in the regulation.

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Nibbles Mature Cheddar

“Reasonable amount of time”

The wording is meaningful if the interpretation is a “the amount of time that is fairly required to do whatever is required to be done, conveniently under the permitted circumstances.”

Noted. Please refer to comments under regulation 10(4)(a) and 5(3)(a) above.

Compositional standards

General statement: Increase all Maximum Milk fat in dry matter content (%) (m/m) to “<X”. X is the minimum fat in dry matter content (%) (m/m) of the full fat class.

To close the gap. The proposal is not supported. The changes were incorporated in an effort to align the correspondence of the FIDM with the prescribed Dry matter parameters stipulated by Codex. Gaps between the different cheese fat classes have thus been closed.

Date markings Do not define all the date markings as they are going to change from R146 and Globally

Referencing the FCD Act Noted. Noted. However, the date markings definitions have been aligned with those included in the Codex General Standard for the Labelling of Pre-packaged Foods (CXS 1-1985).

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Documents

Consumer Goods Council of South Africa (CGCSA) | CGCSA - …€¦ · Web view2019. 7. 19. · Under the FCD Act the Regulation governing Emulsifiers, Stabilisers and Thickeners