On 1 November 2024, the South African Minister of Health published the Regulations Relating to the Use of Food Additives in Foodstuffs, 2024. The regulations, which were developed under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972), are set to come into force in 2025. These updated regulations introduce new guidelines for the use of additives in foodstuffs, including preservatives, antioxidants, sweeteners, colorants, and emulsifiers. These substances, which are used in food processing and production, must meet strict purity and identity specifications to ensure they do not pose a risk to public health. The aim is to ensure the safe use of food additives in accordance with internationally recognized standards.
Key points of the Regulations of Food Additives in Foodstuffs
Scope: This regulation is a significant step towards improving food safety and quality; the South African government has announced the implementation of new regulations.
Application: This document provides regulations concerning the use of food additives in foodstuffs. It includes definitions, requirements for use, categories of food additives and the conditions for their use in food products.
Requirements for the Use of Food Additives:
Specifications and Purity: Food additives should be manufactured, stored, and handled in accordance with Good Manufacturing Practice (GMP) standards. The quantity used should be limited to the minimum required for the intended effect.
Maximum Use Levels (ML): Foodstuffs containing additives must not exceed the maximum levels set by the Codex General Standard for Food Additives (GSFA).
Food Categories: Different food categories may have specific rules regarding food additives, e.g. infant formula may not allow certain additives.
Carry-over: Food additives can be carried over from raw ingredients into the final product, but must not exceed the allowed limits.
Extended Use of Food Additives:
Raw Materials: If a food additive is present in raw materials or ingredients, it must comply with the regulations and the amount carried over into the final product must not exceed the limits.
Infant Food: Food additives are not allowed to be carried over into foods intended for infants or young children.
Application to Specific Food Categories: The document specifies how food additives such as color and sweeteners should be used in different food categories, including:
Infant foods: Strict limitations on additives like color and sweeteners.
Plain bread: No color or sweeteners allowed.
Fruit juices: May contain color additives but no sweeteners unless specified.
Other unflavored foodstuffs: No color or sweeteners allowed.
Other unprocessed foodstuffs: No color or sweeteners allowed.
Non-energy-reduced foodstuffs or non- sugar-reduced foodstuffs: No sweeteners are allowed
Repeal of Previous Regulations: The new regulations repeal several earlier rules regarding colorants, sweeteners, antioxidants, and preservatives that were issued in previous government notices, such as R.733, R.1008 and R.1426.
Public Consultation
The Minister of Health has called for public input on the proposed regulations. Interested individuals and organizations are encouraged to submit any substantiated comments or representations to the Director-General of Health within three months of the date of publication of the Notice (i.e. 1 February 2025).
Implementation Timeline
The regulations will come into force 12 months after publication.
Food items manufactured before the effective date are not subject to the new regulations.
Conclusion
In summary, South Africa’s new regulations aim to enhance food safety by setting strict standards for food additives, including preservatives, sweeteners and colorants. These regulations, which will come into effect in 2025, are in line with international guidelines and ensure the protection of public health. With specific rules for different food categories, such as infant foods and fruit juices, they offer clear guidelines for manufacturers. The public consultation process allows stakeholders to provide input to ensure that the regulations are well-informed and comprehensive.