01 March 2021
FOOD DONATION
Guidelines
CONSUMER GOODS COUNCIL OF SOUTH AFRICA
Definitions
TERM
DEFINITION
Date marking
The product date marking definition is determined by the relevant
regulations for the product type see Annexure B: Date marking definitions.
Date of manufacture
The date on which the food becomes the product as described. This is not
an indication of the durability of the product
Date of packaging
The date on which the food is placed in the immediate container in which
it will be ultimately sold. This is not an indication of the durability of the
product
Donor
A person who donates food for ultimate distribution to needy individuals,
or directors, members, employees, agents or authorised representatives
of such a person.
Food loss
“Food loss” refers to food that spills, spoils, incurs an abnormal reduction
in quality such as bruising or wilting, or otherwise gets lost before it
reaches the consumer.4 Food loss typically occurs at the production,
storage, processing and distribution stages of the food value chain, and is
the unintended result of agricultural processes or technical limitations in
storage, infrastructure, packaging, and/or marketing
Food waste
“Food waste” refers to food that is of good quality and fit for human
consumption but that does not get consumed because it is discarded—
either before or after it spoils. Food waste typically, but not exclusively,
occurs at the retail and consumption stages in the food value chain and
is the result of negligence or a conscious decision to throw food away.
Food donation
The term "donate"’ means to give without requiring anything of monetary
value from the recipient, except that the term shall include giving by a
non-profit
organisation
to
another
non-profit
organisation,
notwithstanding that the donor organisation has charged a nominal fee
i
to the donee organization, if the ultimate recipient or user is not required
to give anything of monetary value.
Surplus food
refers to food products that are finished, partly finished or excess
ingredients. Surplus foods can be due to oversupply/production, overordered, quality rejects that do not meet customer or market needs or out
of season stock or food. These food products must be compliant to both
food safety and hygiene regulations, thus fit for human consumption.
ii
Contents
1.
Introduction ................................................................................................................................................................1
2.
Scope........................................................................................................................................................................... 2
3.
How to avoid food loss and waste in your facilities ....................................................................................... 2
3.1 Identify hotspots in your organisation ............................................................................................................. 2
Production level........................................................................................................................................................ 2
Manufacturing level ................................................................................................................................................. 3
Retail level .................................................................................................................................................................. 4
Quick Service Restaurants level............................................................................................................................ 5
Consumer level ......................................................................................................................................................... 5
3.2 Separate waste, monitor and measure ........................................................................................................... 6
3.3 Recording and reporting food loss and waste.............................................................................................. 8
4.
Donation requirements .......................................................................................................................................... 9
4.1 Who can donate? ................................................................................................................................................. 12
Donors ...................................................................................................................................................................... 12
4.2 Donees (Redistributors/Food rescuers/Non-Government Organisations) ......................................... 12
4.3 What can be donated ........................................................................................................................................ 12
5.
Donations and nutrition requirements............................................................................................................. 13
Food Parcels guidelines ............................................................................................................................................ 14
6.
Liability ...................................................................................................................................................................... 16
7.
Donation Safety Measures ..................................................................................................................................20
7.1
Hot Foods Safety Requirements ...................................................................................................................20
7.2 Food Temperatures ............................................................................................................................................20
7.3 Sticker on -additional label requirements .................................................................................................... 21
7.4 Marking of donated food: .................................................................................................................................23
Very long shelf life .................................................................................................................................................23
Long shelf life ..........................................................................................................................................................24
iii
Limited shelf life ......................................................................................................................................................25
Breads and Staples ................................................................................................................................................25
Fruits and vegetables ............................................................................................................................................26
Dairy and Eggs .......................................................................................................................................................28
Fruit and Beverages...............................................................................................................................................29
Meats .........................................................................................................................................................................29
Sea Food .................................................................................................................................................................. 31
8.
Legislation and other sources of information ................................................................................................ 31
iv
1. Introduction
According to Statistics South Africa, South Africa, as a nation, is food secure, although at national and
not at household level (Statistics South Africa, 2019). However, 10 million tonnes of food produced goes
to waste (Oelofse; WWF, 2017) and in 2017 it was reported that 6.8 million South Africans experience
hunger (Stats SA, 2019). With the high levels of poverty and food insecurity in South Africa, this level of
food waste and loss is unjustifiable. It is a waste of water, energy, labour, disposing cost and has negative
implications on the environment and the economy.
With the growing population levels in South Africa, it is crucial that sustainable processes are adopted,
including food production and consumption. Ensuring sustainable systems in the entire value chain is a
priority. Food waste occurs when food that is meant for human consumption is discarded and food loss
occurs during production stages. Preventing and reducing food waste and loss in the value chain, and
preventing food going to landfill is key. The purpose of this document is to encourage food loss
avoidance, while redirecting surplus food in accordance with the food waste hierarchy (Medina, Wynter,
Cosper, Rodriguez, Gebhart, Hunter & Kemme, 2014).
Figure 1: Food Waste management Hierarchy
Prevent
Prevention/Reduction
Redirect to
feed people
Redistribution
Animal feed
Compost
Recycle
Disposal
1
The hierarchy has been developed to outline important steps in food loss management as adopted
from the Food and Agricultural Organisation, with prevention as the most important, and disposal as
the least important option in food waste management.
2. Scope
This document seeks to provide guidelines and encourage effective use of resources through the entire
food value chain (from farm to fork). Identify waste hot spots and how to separate, measure and report
on waste are discussed. In a case where surplus food is inevitable, food donation requirements and
safety measures are outlined, including liability requirements.
3. How to avoid food loss and waste in your facilities
Food losses and waste are largely unintentional and are caused by inefficiencies in the food system,
such as insufficient access to technologies and energy, poor infrastructure and logistics, inadequate
market access as well as managerial limitations and capacity constraints of supply chain actors. Climatic
factors and variability such as extreme events, along with pests and diseases, are also causes of food
losses. Food loss and waste occurs at different stages of the food value chain, food production;
processing or manufacturing; food distribution; retail; Ready to Eat (RTE) food providers and
consumer/household level.
3.1 Identify hotspots in your organisation
The first and most important step in effectively reducing food loss and waste is to first identify hotspots
in your establishment. Hotspots are control points in the establishment where critical functions take
place. The table below is an example of hot spots in different stages of the supply chain, that different
industry actors can consider with possible solutions or control measures that can be applied. For
continuous improvement of waste reduction, waste from the hotspot must recorded as per company
protocols (see 3.2 below).
Production level
Value chain
Farmer
Possible hot spots
•
Harvest losses (different yield)
•
Post-harvest losses
Possible Solutions
•
Choice of right varieties for location (to
achieve best quality) and target market
2
•
•
-
Handling and sorting
(to mature when there is demand in the
-
Grading
market).
-
Packaging
-
Storage
•
Disease and stress-resistant varieties of
crops.
Selling – produce versus market •
Proper agronomic and cultural practices
demand
to ensure high quality products – reduce
Distribution
losses from
culls.
•
Proper harvest timing and scheduling
for target markets.
Proper sorting/grading after harvest;
with separation based on size, injury and
diseased/ pest infestation, different
ripeness for fruits to facilitate packaging
for delivery to different markets or for
different uses.
•
Grading
and
quality
requirements
specified by legislators
•
Improve storage facilities for perishables
at the farm level.
•
Use of clean and appropriate containers
for the commodities.
Manufacturing level
Value chain
Possible hot spots
Possible Solutions
Manufacturer
•
Receiving
•
Storage
in production locations to reduce the
•
Processing
cost of transport and
•
Ingredients and additives
•
Promote and support cottage industries
3
•
Food handling
losses
•
Food packaging
transport to far off processors.
•
Storage
•
Distribution
•
incurred
in
long-distance
Encourage and support fabrication of
locally suited processing units.
•
Re-engineer manufacturing processes
to ensure efficient use of resources.
•
Improve packaging to increase shelf life.
•
Determining the product shelf life.
Ensuring validation and accuracy of shelf
life.
•
Better inventory management, waste
audits and measurements.
•
Packaging, labelling and types of packs
as per buyer’s requirements, consumer
needs.
•
SANS 289 prescribed quantities that
meet consumer requirements
•
Development of cheap reusable and/or
degradable packaging for developing
countries.
•
Development of adapted packaging
facilities in developing countries.
Retail level
Value chain
Possible hot spots
Wholesale/Retail
•
and/or
Centres
Distribution •
Receiving
Possible Solutions
•
Develop good storage facilities in
Loading/unloading
wholesale/retail
•
Merchandise location and stacking
supermarkets.
•
Storage
markets
4
and
•
Shelf packing and storage
•
In
store
RTE
preparation
food
and
•
Promote
proper
organisation
and
handling,
display of produce in the retail outlets
holding
(avoid mixing and piling of produce,
temperatures
temperature abuse by mixing produce
with different temperature requirements
in one common cold room etc).
•
Change
in-store
promotions
that
encourage impulse/ wasteful purchases.
•
Improve
in-store
inventory,
better
inventory management, waste audits
and measurements.
Quick Service Restaurants level
Value chain
Possible hot spots
Possible Solutions
Restaurant and Quick •
Purchasing
•
Reduce excessive portion sizes
Service
Restaurants •
Receiving
•
Develop good storage facilities.
(QSRS)
•
Storing
•
Effective use of leftovers and food
•
Issuing
•
Storage
•
Preparation
•
Serving portions
products.
Consumer/NGO/School feeding programmes level
Value chain
Possible hot spots
Possible Solutions
Consumers /NGOs / •
Purchasing and meal planning
•
Improve meal planning
Schools
•
Food handling and preparation
•
Apply the first in and first out (FIFO)
•
Food storage
•
Cooking methods
•
Serving portions
principle.
•
Buy only what is going to be consumed
5
•
Implement good storage and handling
practices
•
Correctly interpret date markings
3.2 Separate waste, monitor and measure
Separation of material is the first step in measuring food loss and waste. It aids in determining which
internal aspects are failing or gaps contributing to this loss/wastage. Waste material is classified into
edible and inedible waste. The type of material wasted and measuring methods assists in establishing
the proper prevention and control measures and the possible destination for the waste. This step also
assists in the quantification of the material; deciding on the quantifying methodology (see below),
depending on the type of establishment; preventative measures and assess the possibility or recycling
the waste.
Methods of Quantifying Food Waste and Loss
Measurement Or
Approximation
Methods
1. Direct weighing
Definition
Using a measuring device to determine the
weight of FLW
An Entity Can Use These 2. Counting
Assessing the number of items that make
Methods If It Can Get
up FLW and using the result to determine
Direct Access to The
the weight; includes using scanner data
Food Loss and Waste
and “visual scales”
(FLW)
3. Assessing volume
Assessing the physical space occupied by
FLW and using the result to determine the
weight
4.
Waste
analysis
composition Physically separating FLW from other
material in order to be used as a soil
amendment.
6
5. Records
Using individual pieces of data that have
been written down or saved, and that are
often routinely collected for reasons
other than quantifying FLW (e.g., waste
transfer receipts or
warehouse record books
6. Diaries
Maintaining a daily log of FLW and other
information
7. Surveys
Gathering data on FLW quantities or other
information (e.g.
attitudes, beliefs, self-reported behaviours)
from a large number of individuals or
entities through a set of structured
questions
Inference by Calculation Method
8. Mass balance
Definition
Measuring inputs (e.g. ingredients at a
factory site, grain
going into a silo) and outputs (e.g.
products made, grain
shipped to market) alongside changes in
levels of stock and
changes to the weight of food during
processing
9. Modelling
Using a mathematical approach based on
the interaction of
7
multiple
factors
that
influence
the
generation of FLW
10. Proxy data
Using FLW data that are outside the scope
of an entity’s FLW
inventory (e.g. older data, FLW data from
another country or
company) to infer quantities of FLW within
the scope of the
entity’s inventory
3.3 Recording and reporting food loss and waste
For the purpose of this guideline, the World Research Institute (WRI) Food Loss and Waste Reporting
Protocol was adopted. In record keeping, it is important for the industry actor to establish for an
effective recording and reporting. These include the following information:
a) Identify the goal for monitoring and measuring food loss and waste
b) Review the accounting principles (relevance, completeness, consistence, transparency and
accuracy)
c)
Establish scope (time frame, material type and or destination)
d) Decide how to quantify (choose quantifying method, which will be influenced by the industry
players’ goal)
e) Gather and analyse data (guidance on approaches for gathering, calculating and analysing
data)
f)
Calculate results (units and waste), in terms of environmental effect, social effect and/or
economic effect depending on the goal of the industry player
g) Assess uncertainty (recording sources of uncertainty)
h) Review (assurance process of ensuring that the accounting principles have been applied). This
is an optional step.
i)
Report (guidance on reporting and including elements that could be added to the report)
8
j)
Set target and track over time (internal targets to monitor and track progress over time)
In summary, for effective food loss and waste reduction, value chain industry players need to
take these points into consideration and tick the boxes below.
Define
Review
Establish
Decide
Gather
Calculate
Assess
Perform
Report
Set
goals
accounting
scope
how to
and
inventory
uncertainty
review
FLW
target
quantify
analyse
results
(optional)
inventory
(optional)
and
reporting
data
principles
and track
over time
4. Donation requirements
South Africa has no legislation aimed at monitoring food donations other than the CPA which outlines
donations and liabilities; hence surplus food is often treated as waste (WWF. It is not illegal to donate
food. The donor is to determine if the food can be donated and identify a suitable donee. The donee
determines who the food can be donated to, depending on the risk level of perishability, packaging,
date marking and food type. Please see CGCSA FSI Date Marking Guideline for guidance on
management of consumer goods products (including food) once the dates marked on them have
passed. Transportation plays a significant role in food donations and donors are encouraged, in terms
of cost minimisation, identify registered donees near their respective places. The donor is encouraged
to arrange with the donee on how the food will be transported, this agreement can either in paper or
verbally. Proper recording and documentation are important, should there be a need for either the
donor or donee to prove the state the food product was in when it was donated or other relevant
reasons.
The following documentation is necessary when food is donated:
Commented [MdH1]: Is there a standard template of a
MoU, in case of emergencies?
a) Memorandum of understanding between the donor and the donee
Commented [LD2R1]: Agree that this can be developed;
previous comment was that this would need to include
intended use and restrictions
b) Details of the donated product
a. Date (recommended date of usage)
b. Storage temperatures and requirements for safe transport and handling of the product
9
Commented [LD3]: Previous comment was a question
about how the food will be packaged to prevent crosscontamination and transportation conditions
c. Preparation requirements/instructions
d. Quality and nutrition data (e.g. allergen and compositional information, special dietary
requirements)
e. Date marking
f.
Safety data/test results
g. Name of the product i.e. samp or rice or pasta
h. Country of origin
i.
Manufacturer details
See section 61 of the CPA:
“Liability for damage caused by goods
61. (1) Except to the extent contemplated in subsection (4), the producer or importer, distributor or
retailer of any goods is liable for any harm, as described in subsection (5), caused wholly or partly as a
consequence of—
(a) supplying any unsafe goods;
(b) a product failure, defect or hazard in any goods; or
(c) inadequate instructions or warnings provided to the consumer pertaining to any hazard arising from
or associated with the use of any goods, irrespective of whether the harm resulted from any negligence
on the part of the producer, importer, distributor or retailer, as the case may be.
(2) A supplier of services who, in conjunction with the performance of those services, applies, supplies,
installs or provides access to any goods, must be regarded as a supplier of those goods to the
consumer, for the purposes of this section.
(3) If, in a particular case, more than one person is liable in terms of this section, their liability is joint
and several.
(4) Liability of a particular person in terms of this section does not arise if—
10
(a) the unsafe product characteristic, failure, defect or hazard that results in harm is wholly attributable
to compliance with any public regulation;
(b) the alleged unsafe product characteristic, failure, defect or hazard—
(i) did not exist in the goods at the time it was supplied by that person to another person alleged to be
liable; or
(ii) was wholly attributable to compliance by that person with instructions provided by the person who
supplied the goods to that person, in which case subparagraph (i) does not apply;
(c) it is unreasonable to expect the distributor or retailer to have discovered the unsafe product
characteristic, failure, defect or hazard, having regard to that person’s role in marketing the goods to
consumers; or
(d) the claim for damages is brought more than three years after the—
(i) death or injury of a person contemplated in subsection (5)(a);
(ii) earliest time at which a person had knowledge of the material facts about an illness contemplated in
subsection (5)(b); or
(iii) earliest time at which a person with an interest in any property had knowledge of the material facts
about the loss or damage to that property contemplated in subsection (5)(c); or
(iv) the latest date on which a person suffered any economic loss contemplated in subsection (5)(d).
(5) Harm for which a person may be held liable in terms of this section includes—
(a) the death of, or injury to, any natural person;
(b) an illness of any natural person;
(c) any loss of, or physical damage to, any property, irrespective of whether it is movable or immovable;
and
(d) any economic loss that results from harm contemplated in paragraph (a), (b) or (c).
(6) Nothing in this section limits the authority of a court to—
11
(a) assess whether any harm has been proven and adequately mitigated;
(b) determine the extent and monetary value of any damages, including economic loss; or
(c) apportion liability among persons who are found to be jointly and severally liable.
4.1 Who can donate?
Donors
Donors are any supply chain actors (farmer, manufacture, retailer, caterer, household, individuals) who
donate food for ultimate redistribution to food insecure individuals, and any and all directors, members,
employees, agents or authorised representatives of such a person.
4.2 Donees (Redistributors/Food rescuers/Non-Government Organisations)
The donees are food redistributors/food rescuers or NGO centres. They have the responsibility to
register as NGO’s under the South African law, as either non-profit organisations; public benefit
organisations and/or charity organisations.
4.3 What can be donated
Food must be donated in its acceptable and safe condition. Donated food/products may be
unmarketable products that do not meet product specification or description, unsold or surplus but
safe to consume. Products past the best before date and safely handled may be donated, however, the
donee must disclose the condition of a product to the consumer in a way that is easily understood to
the consumer, further donee and consumer have a responsibility to check if the food is still consumable.
Nevertheless, food that is no longer fit for human consumption should not be donated. It is important
for all concerned food actors to evaluate the level of risks and evaluate the potential hazards when
donating foods.
Commented [SS4]: The donee to ensure such information
is disclose to the consumer in an easy understandable
language.
Commented [LD5R4]: Added the words relating to this
needing to be in a way that is easily understood by
consumers
Risk Levels
Risk level
High Risk Foods
Food type
Commented [SS6]: Unlabelled food cannot be traced for
liability and to ensure food safety for the consumer, such
food must at least be labelled.
Suitability for donations
Leftovers, partially consumed Not acceptable for Donations
Commented [LD7R6]: Agree but would need to stipulate
the minimum information that would need to appear on the
label.
food, unlabelled food
12
Labelled food would need to meet the
minimum requirements (See Section
4)
High Risk Potentially
Highly perishable food
Hazardous
•
•
Acceptable for donations
(meat, seafood and
•
Safely handled, stored and
poultry)
prepared
Ready for
temperatures
consumption food.
•
under
correct
Must be stored under correct
storage
temperatures
consumed
immediately
and
or
frozen if appropriate.
Low Risk Perishable
Fruits
and
unprocessed
vegetables, Acceptable for donations
and
semi-
processed dairy products.
Bread, etc. may be perishable
but they are date marked with
BB
Low Risk Non-Perishable Canned foods, dry products Acceptable for donations
etc.
5. Donations and nutrition requirements
The primary objective of this guideline is to ensure that surplus food is donated and does not get
discarded or get sent to landfill. In light of this, all foods that are safe and fit for human consumption
can be considered for donation.
While there is a need to ensure that no food is wasted, it is important that the nutritional quality of
foods is considered when planning food donations. It is recommended that food donations, whether in
the form of donations of individual foods or in the form of food parcels should not only consider
13
addressing hunger but also assist in meeting the nutrition needs of the recipients. This is in line with
Sustainable Development Goal 2, which is to end hunger, achieve food security and improved nutrition
and promote sustainable agriculture.
Although all food may be donated, donor and donee should evaluate products to be donated and
ensure correct individuals receive donations in terms of their age, dietary needs, quantity, quality and
other nutrition needs and requirements.
Food Parcels guidelines
This guidance is based on a healthy adult’s dietary requirements. It is not intended to meet dietary
requirements for specific groups of individuals that have special dietary needs. The South African
paediatric dietary guidelines should be used as a guideline for companies that consistently make
donations to recipients that are young children e.g. orphanages, creches or day care centres as
examples.
Several factors should be taken into consideration when determining what should form part of the food
parcel, including:
a) Foods should be nutritious to contribute to the nutrient requirements of the recipients. The South
African Food-Based Dietary Guidelines should be used to guide to determine whether a food is
nutritious or not and whether a food should be consumed daily or not (South African Food Based
Dietary Guidelines, 2012)
•
Enjoy a variety of food.
•
Be active!
•
Make starchy foods part of most meals.
•
Eat plenty of vegetables and fruit every day.
•
Eat dry beans, split peas, lentils and soya regularly.
•
Have milk, maas or yoghurt every day.
•
Fish, chicken, lean meat or eggs can be eaten daily.
•
Drink lots of clean, safe water.
14
Commented [MdH8]: These two sentences are
contradictory?
Commented [LD9R8]: The intention of this statement is
to convey the fact that the recommendations are for healthy
adults and not specifically for groups with special dietary
requirements. To see how this can be made clearer.
•
Use fats sparingly. Choose vegetable oils, rather than hard fats.
•
Use sugar and food and drinks high in sugar sparingly.
•
Use salt and foods high in salt sparingly.
b) If the donation is in the form of a food parcel this should include items from as many of the food
groups as possible to ensure that a variety of foods are provided to help meet the objective of
meeting nutrient requirements. It is acknowledged that companies donating foods may only be
able to provide the types of foods that they manufacture, making providing a variety of foods
challenging. It is also understood that a food parcel is unlikely to be able to provide all the foods
required to meet these requirements due to cost and perishability constraints and that there is
debate about whether the parcel should contain more protein-rich items, given that these are
generally less affordable than other items. It is recognised that food parcels that are currently made
available through the Department of Social Development differ based on the intended purpose
and have different Rand values attached to them. The recommended list of foods that were shared
with the CGCSA by the government in March 2020 is as follows and can be used as a starting point
for companies to consider when putting together food parcels or making individual food donations.
Ideally, the food parcel should be supplemented by the recipient with a variety of vegetables and
fruit:
Starch
Maize meal
Rice
Potatoes
Pilchards
Protein
Veg
Baked Beans
Lentils
Milk Powder
Butternut
Unit
Qty
kg
kg
kg
10
5
7
400g
tin
410g tin
kg
kg
4
1
1
kg
7
2
15
Commented [MdH10]: Ideally, the food parcel should be
supplemented bya larger variety of vegetables and fruit
Onions
Seasoning Sugar
Oil
Other
Soap
Candles
Tea
Matches
kg
kg
L
7
1
2
Bar
Pocket
200g
Box
2
1
1
1
c)
d) It is recommended that the rationale for the inclusion of the food items that form part of the parcel
are documented and address the points raised above.
e) It is recommended that food parcels are standardised to ensure that each recipient receives the
same donation.
f)
It is recommended that if food parcels can include education materials outlining the South African
food-based dietary guidelines, that these be included to help guide the use of the donated items
including appropriate portion size information and relevant contact information for queries
g) It is advised that any directives, regulations or other requirements outlined by the relevant
Government Departments is followed to ensure that all legal requirements for donations are met
and that any donations provide support where it is most needed, avoiding duplication.
6. Liability
Section 61 of the Consumer Protection Act 68 of 2008 (CPA) provides for strict liability in that each of
the producer, importer, distributor or retailer of a particular product is strictly liable for any harm caused
where that product was unsafe, had a product failure, defect or hazard or was provided with inadequate
instructions or warnings in relation to any hazard arising from or associated with the use of the product.
Each of the producer, importer, distributor and retailer of the product is jointly and severally liable.
In terms of section 61 of the CPA, consumers no longer have to prove negligence on the part of the
supplier of a product that has caused harm. However:
A particular supplier such as a distributor who supplies unsafe product or a product with insufficient
warnings may, however, only escape liability if he can show that the product characteristic that made
the product unsafe, the defect or the hazard, was not present at the time that he sold or otherwise
16
Commented [SS11]: Not only Section 61 of the CPA must
be observed, the following sections as well:
section 22 dealing with the plain and understandable
language,
section 24- product labelling
section 55 – consumers right to safe, good quality goods
When donating, these sections of the CPA must be taken
into account as they are there to protect the consumers and
to ensure that the donor or donee taken into account the
welfare and health of the consumers before goods are
donated
Commented [LD12R11]: These should be added as per
this recommendation
supplied the goods in question. In the case of a distributor or retailer of products, who is not engaged
in manufacturing or importing products, liability can only be escaped if it is unreasonable to have
expected that distributor or retailer to have discovered a problem with the products, having regard to
the role played by that person in marketing them.
The imposition of strict liability, and the potential magnitude of damage awards and settlements
associated with foodborne illness claims, prevent or limit the amount of food donated by producers
and retailers. In South Africa, there is currently no law that protects the donors, encouraging donors to
donate and prevent food going to landfills. However, donors are encouraged to keep proper
paperwork and ensure that products are perfectly safe before they are donated. Donees and donors
both have a legal responsibility to always ensure that products are properly stored under correct
conditions and temperatures and distributed within the recommended time. If donating to NGO’s or
other organisations, then a contract must pre-cede the donation. (see section 4 above)
When donating, these sections of the CPA must be taken into account as they are there to protect the
consumers and to ensure that the donor or donee taken into account the welfare and health of the
consumers before goods are donated. Therefore the following Sections of the CPA should be taken
into account [Section 22 - Right to information in plain and understandable language; Section 24 Product labelling and trade descriptions & Section 55 - Consumer’s rights to safe, good quality goods]:
Right to information in plain and understandable language
22. (1) The producer of a notice, document or visual representation that is required, in
terms of this Act or any other law, to be produced, provided or displayed to a consumer
must produce, provide or display that notice, document or visual representation—
(a) in the form prescribed in terms of this Act or any other legislation, if any, for
that notice, document or visual representation; or
(b) in plain language, if no form has been prescribed for that notice, document or
visual representation.
(2) For the purposes of this Act, a notice, document or visual representation is in plain
17
Commented [SS13]: The consumer must be given enough
information to determine whether the food is safe for their
consumption, fully disclosure by the donor is required in this
regard.
Commented [LD14R13]: Respondent to clarify how this
needs to be added
language if it is reasonable to conclude that an ordinary consumer of the class of persons
for whom the notice, document or visual representation is intended, with average
literacy skills and minimal experience as a consumer of the relevant goods or services,
could be expected to understand the content, significance and import of the notice,
document or visual representation without undue effort, having regard to—
(a) the context, comprehensiveness and consistency of the notice, document or
visual representation;
(b) the organisation, form and style of the notice, document or visual representation;
(c) the vocabulary, usage and sentence structure of the notice, document or visual
representation; and
(d) the use of any illustrations, examples, headings or other aids to reading and
understanding.
(3) The Commission may publish guidelines for methods of assessing whether a
notice, document or visual representation satisfies the requirements of subsection (1)(b).
(4) Guidelines published in terms of subsection (3) may be published for public
comment.
Consumer’s rights to safe, good quality goods
55. (1) This section does not apply to goods bought at an auction, as contemplated in
section 45.
(2) Except to the extent contemplated in subsection (6), every consumer has a right to
receive goods that—
(a) are reasonably suitable for the purposes for which they are generally intended;
(b) are of good quality, in good working order and free of any defects;
(c) will be useable and durable for a reasonable period of time, having regard to
the use to which they would normally be put and to all the surrounding
circumstances of their supply; and
(d) comply with any applicable standards set under the Standards Act, 1993 (Act
No. 29 of 1993), or any other public regulation.
18
(3) In addition to the right set out in subsection (2)(a), if a consumer has specifically
informed the supplier of the particular purpose for which the consumer wishes to acquire
any goods, or the use to which the consumer intends to apply those goods, and the
supplier—
(a) ordinarily offers to supply such goods; or
(b) acts in a manner consistent with being knowledgeable about the use of those
goods,
the consumer has a right to expect that the goods are reasonably suitable for the specific
purpose that the consumer has indicated.
(4) In determining whether any particular goods satisfied the requirements of
subsection (2) or (3), all of the circumstances of the supply of those goods must be
considered, including but not limited to—
(a) the manner in which, and the purposes for which, the goods were marketed,
packaged and displayed, the use of any trade description or mark, any
instructions for, or warnings with respect to the use of the goods;
(b) the range of things that might reasonably be anticipated to be done with or in
relation to the goods; and
(c) the time when the goods were produced and supplied.
(5) For greater certainty in applying subsection (4)—
(a) it is irrelevant whether a product failure or defect was latent or patent, or
whether it could have been detected by a consumer before taking delivery of
the goods; and
(b) a product failure or defect may not be inferred in respect of particular goods
solely on the grounds that better goods have subsequently become available
from the same or any other producer or supplier.
(6) Subsection (2)(a) and (b) do not apply to a transaction if the consumer—
(a) has been expressly informed that particular goods were offered in a specific
condition; and
(b) has expressly agreed to accept the goods in that condition, or knowingly acted
19
in a manner consistent with accepting the goods in that condition.
Please note other relevant Sections of the Consumer Protection Act are outlined in Section 4
and 7 of this guidelines.
7. Donation Safety Measures
There are characteristics that are considered acceptable when it comes to donated goods or products.
7.1
Hot Foods Safety Requirements
It is illegal to donate food that is no longer fit for consumption. Appropriate date marking that
relates to the safety of the product should be considered. Hot food cannot be donated unless
appropriately chilled and packaged. For the food to be safe to donate, it must be stored and
labelled correctly, provided that the food has not previously been pre-heated. The food should
be kept at or above 63ºC during hot holding and be cooled as quickly as possible and placed
in the fridge within 2 hours of the start of the cooling process (Federal Agency for the Safety
of the Food Chain, 2013).
7.2 Food Temperatures
Storage does not improve the quality of any food. The quality of a food will also not decrease
significantly during storage as long as the food is stored properly and used within the recommended
time frame. Maintaining a food’s quality depends on several factors: the quality of the raw product; the
procedures used during processing; the way the food is stored; and the length of storage. The
recommended storage time takes these factors into consideration. Since bacteria frequently get into
food through careless food handling, keep everything — hands, refrigerator, freezer and storage
containers — clean.
These short but safe time limits will help keep refrigerated foods from spoiling or becoming dangerous
to eat. Because freezing keeps food safe indefinitely, recommended storage times are for quality only.
20
Storage times are from date of purchase unless specified on chart ( Clemson University Cooperative
Extension Service and Oregonian FOODday).
7.3 Sticker on -additional label requirements
According to the DOH’s advice, the use of stickers to update old labels with the new ingredients lists /
Commented [SS15]: The sticker on requirement is noted
and if implemented the issue of liability will not be
exonerated from the donor or donee, fully disclosure to be
made to the consumer.
nutrition tables to ensure that the business is compliant with the labelling regulations is advised.
The labelling must also include the country of origin in terms
of regulation 7 and Section 24 of the CPA.
Stickering is permitted provided that it is durable and can’t be removed from the product. However,
Commented [LD16R15]: Indication of the country of
origin to be included. Perhaps there needs to be a list for all
of the requirements to assist in the implementation of this
the business should ensure that the sticker does not cover / alter the date marking in any way, as this
is not permitted. Food past its best before date can be donated, provided that it is proven without
reasonable doubt that the food is safe for consumption.
If shelf-life extension tests have been
conducted, and there is a longer shelf life on the product, without compromising food safety or quality
standards, the business may only include the new date through new labels and not changing the date
on existing labels by stickering or other means. Stickers such as ‘not for re-sale or donation only’ should
be used by companies to avoid the product being resold for any purposes. (See Annexure A- Date
Marking and Section 24/Regulation 7 of the CPA Act; see also Section 4 of these guidelines)
“Product labelling and trade descriptions
24. (1) For the purposes of this section, a trade description is applied to goods if it is—
(a) applied to the goods, or to any covering, label or reel in or on which the goods are packaged, or attached to
the goods;
(b) displayed together with, or in proximity to, the goods in a manner that is likely to lead to the belief that the
goods are designated or described by that description; or
(c) is contained in any sign, advertisement, catalogue, brochure, circular, wine list, invoice, business letter, business
paper or other commercial communication on the basis of which a consumer may request or order the goods.
(2) A person must not—
(a) knowingly apply to any goods a trade description that is likely to mislead the consumer as to any matter
implied or expressed in that trade description; or
21
(b) alter, deface, cover, remove or obscure a trade description or trade mark applied to any goods in a manner
calculated to mislead consumers.
(3) A retailer of goods must—
(a) not offer to supply, display or supply any particular goods if the retailer knows, reasonably could determine or
has reason to suspect that—
(i) a trade description applied to those goods is likely to mislead the
consumer as to any matter implied or expressed in that trade description; or
(ii) a trade description or trademark applied to those goods has been altered as contemplated in subsection (2)(b);
and
(b) with respect to any goods within the retailer’s control, take reasonable steps to prevent any other person from
doing anything contemplated in paragraph (a) or subsection (2)(b).
(4) The Minister may prescribe—
(a) categories of goods that are required to have a trade description applied to them, as contemplated in
subsection (5);
(b) the rules to be used in accordance with any international agreement for the purpose of determining the
country of origin of any goods or components of any goods; and
(c) the information that is required to be included in any trade description, from among the categories of
information contemplated in the definition of ‘‘trade description’’ in section 1.
(5) The producer or importer of any goods that have been prescribed in terms of subsection (4) must apply a trade
description to those goods, disclosing—
(a) the country of origin of the goods; and
(b) any other prescribed information.
(6) Any person who produces, supplies, imports or packages any prescribed goods must display on, or in
association with the packaging of those goods, a notice in the prescribed manner and form that discloses the
presence of any genetically modified ingredients or components of those goods in accordance with applicable
regulations.”
22
7.4 Marking of donated food:
Recommended marking of donated foods: Mark delivery note and/or individual products
Mark the products with “not for resale/Donated food”
Table 1: Storage Requirements for food redistribution centres and food awaiting to be delivered as
donations by donors.
(The table below serves as a guideline, as actual dates and storage conditions are determined by food
manufacturers based on the technology available to them. Recipients of donations are advised to follow
the instructions available on the product where these are available.)
Very long shelf life
Product
Description
Characteristics of a Damaged
Storage Guidelines
Product
(Please check the relevant
regulations as the regulations
will supersede these
guidelines)
very long shelf-life
salt, sugar, flour
dry pasta
Macaroni, Spaghetti
couscous, semolina
coffee, tea
Rice
instant powder (low-fat)
coffee, mixture of
spices, pudding
no rotting if stored dry. mouldy
up to one year (even longer)
taste possible after a very long
after DMD on condition that
period.
the product has still its
also pay attention to
characteristic qualities and
hardening, absorption of
the product and its package
humidity, occurrence of
is not defect.
insects, moths, turning
rancid, mould,
water, soft drinks and
deterioration of taste, colour
UHT drinks (e.g. milk,
change (cf. enzymic browning)
fruit juices)
tin cans/glass bottles
vegetables, fruits,
oxidation of the can/tops.
soup, meat, fish,
Gassing (battered can),
condensed milk,
colour or smell change.
23
jam...
syrup, molasses, honey
sweets (hard)
Saccharification
lollipop, acid candies
frozen products
desiccation, rancid fat
respect temperature (-18°C
or less).
Source: Circular concerning the requirements applicable to foodbanks and charity organisations, 2013
Long shelf life
Product
Description
Characteristics of a Damaged
Storage Guidelines
Product
long shelf-life
dry biscuits
mouldy taste, occurrence of
up to two months (even
muesli, cereals for
moths/insects, tasteless,
longer) after DMD on
breakfast, cornflakes
change of taste, desiccation,
condition that the product
change of texture.
has still its characteristic
spread (peanut butter,
rancid fat, change of smell,
qualities and the product
chocolate streusel,
change of colour, oxidation,
and its package are not
spreads)
mouldy, occurrence of insects.
defect.
crisps, salty biscuits,
peanuts
oil, frying fat
instant powder (high-fat) soup, powder milk
margarine, butter
hard cheese
e.g. Gouda,
Emmenthal,
Parmesan
sweets (soft)
with stuffing,
chocolate,
24
liquorice
e.g. sauce for hot
Sauces
chips,
mayonnaise,
tomato sauce
sterilised bottled milk
change or loss of taste
and dairy products
Source: Circular concerning the requirements applicable to foodbanks and charity organisations, 2013
Limited shelf life
Product
Description
Characteristics of a Damaged
Storage Guidelines
Product
limited shelf-life
bread, partially baked
mouldy taste, mould, rancid
respect the DMD, exceptions
bread
fat, occurrence of insects
possible but a good
soft cheese
evaluation is needed! fresh
cake, stuffed biscuits,
bread can be frozen and
soft biscuits
consumed primarily within 2-
semi-preserves (herring,
chilling needed
weeks
Fermentation
Source: Circular concerning the requirements applicable to foodbanks and charity organisations, 2013
Breads and Staples
Food Item
Room
Temperature
(21° C)
Refrigerator (2° to
5° C)
Freezer (-12
to -18°C)
Comments
Breads
Dough
Tube cans of
rolls, biscuits,
pizza dough,
etc.
Use-by-date
Don't
freeze
Breads
25
Breads, fresh
Store at room
temperature. Use
the date as a
guide or use
within 3 to 5 days.
Bread and
rolls,
unbaked
dough
Storing in the
refrigerator
promotes
staling.
3 months
Over wrap well to
prevent drying out;
thaw at room
temperature
1 to 2 days
2 months
Sometimes dough
doesn't rise as well if
frozen
Pizza
Pizza
3 to 4 days
1 to 2
months
3 to 4 days
1 month
Stuffing
Stuffing,
cooked
Staples or Pantry Items
Pasta (dry
spaghetti,
macaroni, etc.)
Rice, white
Rice, flavoured
or herb
Once opened, store in
airtight container
2 years
2 years +
Keep tightly closed
6 months
Fruits and vegetables
Fruits
Canned Fruits
Dried
fruits cooked
uncooked
Apples
unopened - 12
to 24 months
opened - 2 to 3
days
Opened 3 to 5 days
Unopened 6
months
opened - 1
to 2
months
Do not store in opened can.
Store in airtight container.
4 to
6months
12 months
3 to 5 months
26
Apricots,
grapes,
nectarines,
peaches, pears,
plums
3 to 5 days
Avocados
2 to 3 days after
ripened
Bananas
Store at room
temperature
Freeze whole in skin or peel
and mash; great in breads
and cakes
2 to 3 days
Cranberries
3 to 4 weeks
7 days
Grapes Guavas,
papayas
See
preserving
instructions
for
individual fruits
5 to 10 days
Berries, cherries
Grapefruit
6 months
2 weeks
Freeze
individually
on cookie
sheets;
repackage in
heavy plastic
bags
8 to 12 months
4 to 6
months
Wrap cut surfaces to
prevent loss of Vitamin C.
8 to 12
months
Wrap cut surfaces to
prevent Vitamin C loss,
control odours.
1 to 2 weeks
Kiwi Fruit
3 to 5 days after
ripening
4 to 6 months if
unripe.
Lemons, Limes
1 week
2 to 5 weeks
Melons
1 week
Oranges
3 to 4 days
5 to 6 weeks
Peaches
Ripen at room
temperature
2 to 3 days
Pineapple
1 to 2 days
3 to 5 days
Tangerines
2 to 3 days
1 week
Watermelon
Uncut
watermelon can
be stored at
room
temperature for a
few days
6 to 8 days
27
Vegetables
Canned
Vegetables
opened - 3 days
Beets, carrots
2 weeks
8 to 12
months
Beans,
broccoli, lima
beans, peas,
summer
squash
3 to 6 days
8 to 12
months
Cabbage
1 week
Do not
freeze
Cauliflower
1 week
8 to 12
months
Corn
Use immediately
for best flavour
8 to 12
months
Green onions
3 to 5 days
Do not
freeze
Become limp
Lettuce and
salad greens
1 week
Do not
freeze
Too watery; becomes limp
Mushrooms
1 to 2 days
8 to 12
months
Slice thinly and sauté first,
otherwise they become
rubbery and lose flavour
3 to 4
months
Cut in wedges, freeze in
usable portions in freezer
bags. Use in cook dishes.
6 to 9
months
Leave in original
wrapping; overwrap well
Tomatoes
Do not store in the
opened can. Store in
airtight container.
To watery to freeze well
Dairy and Eggs
Dairy & Eggs
Dairy
Butter
Milk
1 to 3 months
7 days
1 month
Allow room for expansion in
freezer container; thaw in
refrigerator. Freezing affects
flavour and appearance; use
in cooking and baking.
28
Sour cream
7 to 21 days
Doesn't freeze
Separates when thawed
Yogurt
7 to 14 days
1 to 2
months
Texture changes
Eggs
Fresh, in shell
3 to 5 weeks
Don't
freeze
Shells break; eggs lose
quality
Raw whites
2 to 4 days
1 year
Gently stir whites together;
freeze in ice cube trays;
remove blocks to plastic
freezer bag when solid. Each
contains about 2
tablespoons. 1 cube - 1 egg
white.
Raw yolks
1 week
Don't freeze
well
Yolks can clump
Fruit and Beverages
Fruit Beverages
Juices in
cartons, fruit
drinks, punch
3 weeks unopened
7 to 10 days
opened
8 to 12
months
Meats
Meats
Deli & Vacuum-Packed Products
Store-prepared
(or homemade)
egg, chicken,
ham, tuna,
macaroni salads
3 to 5 days
Doesn't
freeze well
7 days
1 month
Bacon & Sausage
Bacon
Leave unopened in original
wrapping; over wrap well
29
Sausage, fresh; raw
from chicken,
turkey, pork, beef
1 to 2 days
1 to 2
months
Over wrap packages well
Corned beef, in
pouch with
pickling juices
5 to 7 days
Drained, 1
month
Ham, fully cooked
vacuum sealed at
plant, dated,
unopened
date marking on
package
1 to 2
months
Ham, fully cooked,
whole
7 days
1 to 2
months
Ham, fully cooked,
half
3 to 5 days
1 to 2
months
Ham, fully cooked,
slices
3 to 4 days
1 to 2
months
Hamburger, ground
beef
1 to 2 days
3 to 4
months
Remove from supermarket
wrapping; wrap well in
freezer plastic wrap; over
wrap with heavy-duty
aluminium foil
Ground turkey, veal,
pork, lamb &
mixtures of them
1 to 2
days
3 to 4
months
Remove from supermarket
wrapping; wrap well in
freezer plastic wrap; over
wrap with heavy-duty
aluminium foil
Steaks
3 to 5
days
6 to 12
months
Wrap pieces individually,
then over wrap tightly
Chops
3 to 5
days
4 to 6
months
Wrap pieces individually,
then over wrap tightly
Roasts
3 to 5
days
4 to 12
months
Wrap pieces individually,
then over wrap tightly
Ham, Corned Beef
Hamburger, Ground
Fresh Beef, Veal, Lamb, Pork
Meat Leftovers
Cooked meat and
meat casseroles
3 to 4 days
2 to 3
months
30
Gravy and meat
broth
1 to 2 days
2 to 3
months
Chicken, turkey, or
duck, whole
1 to 2 days
1 year
Keep in original
packaging
Chicken or turkey,
pieces
1 to 2 days
9 months
Over wrap well
Giblets
1 to 2 days
3 to 4
months
Fresh Poultry
Sea Food
Seafood and Fish
Fish
Lean fish (cod,
flounder, haddock,
sole, etc.)
1 to 2 days
6 months
remove from light
supermarket wrap; wrap
well or use ice method
below.
8. Legislation and other sources of information
The following legislation has been taken into consideration when drafting this document.
a) Consumer Protection Act, 2008 (Act No 68 of 2008).
b) R146 of March 2010, Foodstuff, Cosmetics and Disinfectants, 1972 (Act No 54 of 1972) –
Regulations relating to labelling and advertising of foodstuffs.
c) R638 of 22 June 2018, FOODSTUFFS, COSMETICS AND DISINFECTANTS ACT, 1972 (ACT 54 OF
1972) - Regulations relating to general hygiene requirements for food premises, the transport
of food and related matters.
31
References Other sources
a)
World Resources Institute. Food Loss and Waste Accounting and Reporting Standard. 2016.
Online [Available: https://flwprotocol.org/wpcontent/uploads/2019/03/FLW_Standard_Exec_Summary.pdf].
b)
French Guideline (Federal Agency for the Safety of the Food Chain. 2013. Circular
concerning the requirements applicable to foodbanks and charity organisations. Online:
[Available:
http://www.afsca.be/professionelen/levensmiddelen/omzendbrieven/_documents/2013_08_
02_BAetAC_ENdef.pdf].
c)
Clemson University Cooperative Extension Service and Oregonian FOODday Online.
[Available: https://fayette.osu.edu/sites/fayette/files/imce/Program_Pages/SNAPEd/Guide%20to%20Safely%20Store%20Foods.pdf].
d)
STATISTICS SOUTH AFRICA. 2019. Statistical release P0302 2000, Aids, Mid-year p.
Statistical Release P0302. Pretoria: Statistic South Africa.
e)
World-Wide fund, Food Loss and Waste: Facts and Futures, 2017
f)
Medina, V., Wynter, M., Cosper, S., Rodriguez, G., Gebhart, D. Hunter, S. & Kemme, P.
(2014). Army Net Zero Program Composting Assessment for Organic Solid Waste at Fort.
FAO
http://www.fao.org/platform-food-loss-waste/food-waste/food-waste-reduction/country-levelguidance/en/
The EU has guidance on food donations includes guidance on the use of foods past Best Before date
https://ec.europa.eu/food/sites/food/files/safety/docs/fw_eu-actions_food-donation_euguidelines_en.pdf
32
Redistribution of surplus food: Examples of practices in the Member States EU Platform on Food
Losses and Food Waste May 2019
https://ec.europa.eu/food/sites/food/files/safety/docs/fw_eu-actions_food-donation_ms-practicesfood-redis.pdf
For any comments following this Guideline, kindly inform FSI @ fsiservices@cgcsa.co.za.
33
Annexure A: Date Marking definitions
Commented [LD17]: Karin at Woolworths had suggested
that this be placed in Date Marking Guideline only.
R.146/2010 – General labelling and advertising
R.1510/2019 – Dairy products and Imitation Dairy products Second draft regulations for Tea and Related
regulations
regulations
Regulations currently in effect –
Regulations currently in effect – Department of Agriculture, Regulations in draft format – Department of Agriculture,
Department of Health
Land Reform & Rural
Land Reform & Rural
Development
Development
Definitions
Definitions
Definitions
Products – 11 Nov 2019
Codex Alimentarius adopted at 41 st Session
July 2018
The following is the discussion that took place and adopted at
“date of minimum durability” (“Best “best before date” or “best quality before date” "best before date" or "best quality before date" the 41st Session of the CAC, regarding the Revision of the
Before” or “Best Before End”) means the means the date which signifies the end of the means the date which signifies the end of General Standard for the Labelling of Pre-packaged Foods
date which signifies the end of the period period under any stated storage conditions period under any stated storage conditions (CXS 1-1985): Date Marking.
under any stated storage conditions during which the unopened product will remain during which the unopened product will remain The Commission noted the view expressed by one
during which the product will remain fully marketable and will retain any specific fully marketable and will retain any specific delegation, though not opposed to the adoption of the
fully marketable and will retain any qualities for which implied or express claims have qualities for which implied or express claims have revised text:
specific qualities for which tacit or been made, however, beyond the date the food been made, however, beyond the date the food
• The definition of “best before date” and “best quality
express
before date” required further consideration to reduce the
claims
have
been
made. may still be acceptable for consumption;”
may still be acceptable for consumption;
However, beyond the date the food may
risk of confusing consumers.
still be perfectly satisfactory;”
• A Member proposed a rewording of footnote 2 in the
section 4.7 on date-marking to provide more flexibility at
“sell by” or “display until” means the last
the national level when establishing a list of exceptions
date of offer for sale to the consumer
from date- marking.
after which there remains a reasonable
• The Russian Federation reiterated its reservation raised
at CCFL44, in particular regarding section 4.7 (vii). 2
storage period at home;
“use by date” or “expiration date” means the date "use by date" or "expiration date" means the date
“use by” (“Best Consumed Before”, which signifies the end of the period under any which signifies the end of the period under any
“Recommended Last Consumption stated storage conditions, after which the stated storage conditions, after which the
Date”, “Expiry Date”) means that date product should not be sold or
which signifies the end of the estimated consumed due to safety and quality reasons;”
• The CCFL had reached consensus, except for the reservation
of the Russian Federation, that:
product should not be sold or
consumed due to safety and quality reasons.
period under the stated
storage conditions, after which t h e
26
product probably will not have the
quality attributes normally expected by
the consumers and after which date
the food should not be regarded as
marketable;”
(i) the terms “best before date” and “best quality
before date” were supported by CCFL,
(ii) “best before date” was already contained in the
date-marking section of the General Standard for
the Labelling of Pre-packaged Foods (CXS1-1985),
and the proposed revision would clarify their definition;
and (iii) section 4.7
(vii) provided flexibility to national authorities in
determining exemptions suitable for their countries.
Conclusion 25.
The Commission: (i) adopted the draft revision of the
General Standard for the Labelling of Pre-packaged
Foods: Date Marking as follow:
DEFINITION OF TERMS: For use in Date Marking of
pre-packaged food:
“Date of Manufacture” means the date on which the
food becomes the product as described. This is not
an indication of the durability of the product.
“Date of Packaging” means the date on which the food is
placed in the immediate container in which it will be
ultimately sold. This is not an indication of the durability
of the product.
“Best Before Date” or “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.
“Use-by Date” or “Expiration Date” means the date,
which signifies the end of the period
under any stated storage conditions, after
27
which the product should not be sold or consumed
due to safety and quality reasons.
4.7. Date marking and storage instructions
4.7.1 If not otherwise determined in an individual
Codex standard, the following date marking shall
apply, unless clause 4.7.1(vii) applies:
(i) When a food must be consumed before a
certain date to ensure its safety and quality the “Use by
Date” or “Expiration Date” shall be declared.
(ii) Where a “Use-by Date” or “Expiration Date” is not
required, the “Best-Before Date” or “Best QualityBefore Date” shall be declared.
(iii) The date marking should be as follows:
• On products with a durability of not more than
three months; the day and month shall be declared
and in addition, the year when competent
authorities consider consumers could be misled.
• On products with a durability of more than three
months at least the month and year shall be declared.
(iv) The date shall be introduced by the words:
• “Use-by ” or “Expiration Date ” or “Best before ” or “Best
Quality Before ” as applicable where the day is
indicated; or
• “Use-by end ” or “expiration date end ” or “Best
before end ”; or “Best Quality Before end ” as applicable
in other cases.
(v) The words referred to in paragraph (iv) shall be
accompanied by:
• either the date itself; or
• a reference to where the date is given.
28
(vi) The day and year shall be declared by un- coded
numbers with the year to be denoted by 2 or 4 digits,
and the month shall be declared by letters or
characters or numbers. Where only numbers are
used to declare the date or where the year is
expressed as only two digits, the competent authority
should determine whether to require the sequence
of the day, month, year, be given by appropriate
abbreviations accompanying the date mark (e.g.
DD/MM/YYYY or YYYY/DD/MM).
(vii) Provided that food safety is not
compromised, the provision in 4.7.1 (i) or 4.7.1
(ii) is not required for a food if one or more of the
following criteria apply:
1. Where safety is not compromised and quality does
not deteriorate because the nature of the food is such
that it cannot support microbial growth (e.g. alcohol,
salt, acidity, low water activity under intended or
stated storage conditions;
2. Where the deterioration 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;
3. Where the key/organoleptic quality aspects of the
food are not lost;
4. Where the food by its nature is normally
consumed within 24 hours of its manufacture, such as
some bakers’ or pastry-cooks’ wares. For example,
foods such as:
• fresh fruits and vegetables, including tubers,
which have not been peeled, cut or similarly treated;
29
• wines, liqueur wines, sparkling wines, aromatized
wines, fruit wines and sparkling fruit wines;
• alcoholic beverages containing at least 10% alcohol
by volume;
• bakers’ or pastry-cooks’ wares which, given the
nature of their content, are normally consumed
within 24 hours of their manufacture;
• vinegar;
• non-iodized food grade salt;
• non-fortified solid sugars;
• confectionery
products
consisting
of flavoured and/or coloured sugars;
• chewing gum.
In such cases, the “Date of Manufacture” or the “Date of
Packaging” may be provided.
(viii) A “Date of Manufacture” or a “Date of
Packaging” may be used in combination with
4.7.1 (i) or (ii). It shall be introduced with the words
“Date of Manufacture” or “Date of Packaging”, as
appropriate, and use the format provided in clause
4.7.1(vi).
4.7.2 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.
30
ANNEXURE B: Date Marking Requirements and Global definitions
Commented [LD18]: To move to date marking guideline?
Current Date Marking Requirements
The general labelling and advertising regulations (R.146/2010) prescribe that date marking is mandatory
on all foodstuffs, with only exemptions to this rule (Annexure 4, R.146/2010). The date marking may not
be removed or altered by any person and there are specific definitions and forms in which the dates
must be displayed in a certain format (See regulation 1 for definitions and regulation 12 for date marking
requirements, R.146/2010).
Global Updates to Date Marking Definitions
As reducing food waste is a global priority area, as outlined by the United Nation’s Sustainable
Development Goal 12.3, date marking has been reviewed at Codex Alimentarius (Codex) level to ensure
that date marking practices do not contribute to food waste. As a well-recognised global standard
setting body, many countries including South Africa look to Codex to inform updates to local
regulations. Codex have recently updated and adopted the following date marking definitions (Codex
Alimentarius Commission, July 2018):
31