DRAFT DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES No. R. dd/mm/yyyy AGRICULTURAL PRODUCT STANDARDS ACT, 1990 (ACT No. 119 OF 1990) REGULATIONS RELATING TO THE CLASSIFICATION, PACKING AND MARKING OF FRUIT AND VEGETABLE JUICES, NECTARS, DRINKS AND RELATED PRODUCTS INTENDED FOR SALE IN THE REPUBLIC OF SOUTH AFRICA The Minister of Agriculture, Forestry and Fisheries has under section 15 of the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990) -(a) made the regulations in the Schedule; (b) determined that the said regulations will come into operation 12 months after date of publication; and (c) , read together with section 3(2) of the said Act, repealed the regulations published by Proclamation No. R. 224 of 1980 and Government Notices Nos. R. 286 of 7 November 1980, R. 641 of 30 March 1984, R. 1801 of 17 November 1995 and R.411 of 14 June 2013 with effect from the said date of commencement. SCHEDULE Contents Regulation Definitions Scope of regulations Restrictions on the sale of fruit and vegetable juices, nectars, drinks and related products Classes Standards for classes: - Fresh Juice and Fresh Juice Blends - Juice and Juice Blends - Nectar and Nectar Blends - Fruit and Vegetable Drinks - Related Products 1 2 3 4 5(1) 5(2) 5(3) 5(4) 5(5) Requirements for containers and outer containers Marking of containers and outer containers Restricted particulars on containers and outer containers Identification of production lot (batch) Sampling and analysis of fruit and vegetable juices, nectars, drinks and related products Calculating the percentage juice/purée content Calculating the minimum Brix required Offences and penalties 6 7 - 11 12 13 14 15 16 17 Table 1: Minimum Brix requirements for reconstituted fruit juice and purée, and minimum fruit juice and/or purée content for fruit nectars Table 2: Minimum Brix requirements for reconstituted vegetable juice and purée, and minimum vegetable juice and/or purée content for vegetable nectars Annexure A: Calculation of fruit juice content Annexure B: Calculation of minimum Brix required -2DRAFT Definitions 1. In these regulations any word or expression to which a meaning has been assigned in the Act shall have that meaning, and -"address" means a physical address and includes the street or road number or name and the name of the town, village or suburb and, in the case of a farm, the name or number of the farm and of the magisterial district in which it is situated, or in the case of imported foodstuffs, if otherwise, the name and address as provided for in the Codex Alimentarius Commission's document entitled: General Standard for the Labelling of Pre-packaged Foods, CODEX STAN 1-1985; "accredited laboratory" means any national or international laboratory that is accredited or nominated by the Executive Officer in writing as being suitable for the testing of compliance as envisaged in terms of regulations 14(1)(a) and 14(2)(a); "authenticity" means the maintenance of the essential physical, chemical, organoleptic and nutritional characteristics of the fruit(s) or vegetable(s) from which it was obtained; "Brix" means the percentage of total soluble solids as determined either -(a) directly by means of a suitable hydrometer calibrated and standardised at 20°C (no correction for acids); or (b) indirectly by means of a refractometer calibrated at 20°C on the International Sucrose Scales, plus correction for acids calculated as anhydrous citric acid or the dominant acid of the fruit or vegetable type concerned; "clarified", in relation to juice and juice concentrate, means the clear product obtained by means of approved pectolytic and amolytic enzymes, conventional fining, or ultrafiltration of freshly pressed juice; "cloudy", in relation to juice or juice concentrate, means the juice has not been clarified and retained most of its solids in a homogenous and cloud stable matrix; "cloudy citrus peel extract" means the product obtained from the peel and/or pulp of mature and sound citrus fruit by suitable physical processes to yield a turbid product which is cloud and colour stable and contain the bioflavonoids of the peel. The product can be concentrated by the physical removal of the water content; "comminuted citrus" means the fruit purée prepared by suitable physical process such as pulverising, grinding or milling of whole, mature citrus fruit. The amount of oil may be adjusted in accordance with GMP and essence of the citrus variety concerned may be added; "consignment" means a quantity of containers of fruit or vegetable juices, nectars, drinks or related products of the same class and kind which is delivered at any one time under cover of the same consignment note, delivery note or receipt note or by the same vehicle, or if such a quantity is subdivided into different production lots (batches), types, classes or packing sizes, each quantity of the different production lots (batches), types, classes or packing sizes; "container" means the immediate container, manufactured from any suitable material, into which fruit and vegetable juices, nectars, drinks and related products are packed for sale; "cordial" or "syrup" means a concentrated Fruit and/or Vegetable Flavoured Drink product which has to be diluted to a minimum ratio of one to three (1:3), to produce a ready-to-drink Fruit and/or Vegetable Flavoured Drink; "dairy products" means the products as defined in the latest Regulations Relating to the Classification, Packing and Marking of Dairy Products and Imitation Dairy Products Intended for Sale in the Republic of South Africa published under the Agricultural Product Standards Act, 1990 (Act No. -3DRAFT 119 of 1990); "dehydrated or powdered fruit or vegetable juice" means a product obtained from the juice of one or more fruit or vegetable species by the physical removal of virtually all the water content; "Executive Officer" means the officer designated under section 2(1) of the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990); "flavour or aroma or essence" means the aromatic substances and volatile flavour components obtained from the edible parts of fruits or vegetables during the processing thereof by applying suitable physical processes (these processes include in particular squeezing, extraction, distillation, filtration, adsorption, evaporation, fractionation and concentration) to retain, preserve or stabilise the flavour quality. Although flavour is usually obtained from the edible parts of the fruit or vegetable, it may also include cold pressed citrus oil obtained from citrus peel and compounds from the stones; "flavouring" means a flavouring substance as defined in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972); "food additive" means an enrichment substance, supplement or any other substance as permitted for in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972), which may be added to a foodstuff to effect its keeping quality, consistency, colour, taste, flavour, smell or other technical property (these substances include but is not limited to acids, bases, salts, preservatives, antioxidants, anti-caking agents, colourants, flavourings, emulsifiers, stabilisers and thickeners); "foodstuff" means a foodstuff as defined by the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972); "foreign matter" means any material or substance not normally present in fruit and vegetable juices, nectars, drinks and related products; "fresh fruit or vegetable juice" means a product which meets the requirements as set out in regulation 5(1)(a); "fruit" means all of the recognised fruits, including tomatoes, that are suitable in the manufacturing of fruit juices, nectars, drinks and related products: Provided that the fruit shall be sound and suitably matured and may either be fresh or preserved; "fruit derived sugar" means a concentrated, aqueous solution, containing all sweetening substances of the fruit of one or more species: Provided that the dry matter content is larger than 65% (w/w) and the Ash content is less than 0.18% (w/w). The product shall be produced from the juice and/or fruit and/or its components by removal of the fruit acids, colourants, minerals salts, aroma and phenolic substances within the limits of the technology used; "fruit or vegetable drink" means a product which does not meet the requirements of the classes Fruit and Vegetable Juices and Fruit and Vegetable Nectars but contains at least 6% juice and/or purée in the ready-to-drink form: Provided that the product moreover shall meet the requirements set out in regulation 5(4)(a); "fruit or vegetable drink smoothie" means a product which meets the requirements as set out in regulation 5(4)(d); "fruit or vegetable flavoured drink" means a product -(a) which in appearance, flavour and taste resembles juice and/or purée derived from fruit and/or vegetables; or (b) where a fruit or vegetable flavour is imparted to the main ingredient of the product; and -4DRAFT (c) which moreover shall meet the requirements set out in regulation 5(5)(a); "fruit or vegetable juice" means the unfermented but fermentable product obtained from the edible part of sound, suitably matured fruits or vegetables which may either be fresh or preserved by any suitable means. The juice is prepared by suitable processes which maintain the essential physical, chemical, organoleptic and nutritional characteristics of juice from the fruit(s) or vegetable(s) it originated from. Some juices may be processed with pips, seeds and peel which are mostly removed by GMP: Provided that -(a) in the case of citrus fruits, the juice is obtained from the endocarp; (b) the mixing of fruit juice with fruit purée is permissible; and (c) the product moreover shall meet the requirements set out in regulation 5(2)(a); "fruit or vegetable nectar" means the unfermented but fermentable product obtained by adding water, with or without sugars, honey, sugar syrups and/or permitted non-nutritive sweeteners, to fruit or vegetable juice which will result in a reduced fruit or vegetable juice content: Provided that the product moreover shall meet the requirements set out in regulation 5(3)(a); "fruit or vegetable nectar smoothie" means the unfermented but fermentable product obtained by adding water, with or without sugars, honey, sugar syrups, and/or sweeteners, to fruit or vegetable smoothie which will result in a reduced fruit or vegetable juice content: Provided that the product -(a) may also contain other added foodstuffs (e.g. dairy products); and (b) moreover shall meet the requirements set out in regulations 5(3)(d); "fruit or vegetable smoothie" means the unfermented but fermentable product obtained by pulverising or milling of a mixture of fresh or processed whole fruit, peeled if necessary, to yield a cloud-stable viscous to semi-viscous blend: Provided that – (a) it may not contain food additives other than those specified in regulation 5(2)(a); and (b) the product moreover shall meet the requirements set out in regulation 5(2)(g); "GMP (good manufacturing practice)" means a method of manufacture or handling or a procedure employed, taking into account the principles of hygiene, so that food cannot be contaminated or spoiled during the manufacturing process; "honey" means the natural sweet substance produced by honey bees from the nectar of plants or from secretions of living parts of plants or excretions of plant sucking insects on the living parts of plants, which the honey bees collect, transform by combining with specific substances of their own, deposit, dehydrate, store and leave in the honey comb to ripen and mature; "inspector" means the Executive Officer or an Officer under his or her control or an Assignee or an employee of an Assignee; "juice concentrate" means the product -(a) obtained by the physical removal of at least 50% of the water content from fruit or vegetable juice to yield a final unfermented product at least double the standard strength Brix level as defined in these regulations for the juice concerned; and (b) to which flavour, pulp and cells obtained by suitable physical means from the same species of fruit or vegetables concerned may be restored; "juice content" means the total soluble solids (TSS) derived from the fruit and/or vegetable species -5DRAFT concerned in the fruit or vegetable juices, nectars, drinks or related products and expressed as a percentage (m/m) of the total soluble solids (TSS) of such products; "letters" also means figures and symbols; "m/m" means mass per mass; "made from dehydrated or powdered juice" means the juice is prepared by reconstitution of dehydrated or powdered juice(s) with potable water, maintaining the essential properties of juice from the fruit(s) or vegetable(s) it originated from. The product moreover shall meet the requirements set out in regulation 5(2)(a); "main ingredient" means the ingredient(s), excluding water, which by weight or volume, as the case may be, contributes the highest percentage mass or volume to the fruit or vegetable juice, nectar, drink or related product concerned; "main panel" means that part of the container or label that bears the brand or trade name of the product in greatest prominence, or any other part of the label that bears the brand or trade name in equal prominence; "micronutrient" means a substance as defined in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972); "NFC (not from concentrate)" is juice produced from fresh, sound fruit which has not been concentrated. The product moreover shall meet the requirements set out in regulation 5(2)(d); "outer container" means a container which contains more than one container of a fruit or vegetable juice, nectar, drink or a related product; "permitted non-nutritive sweetener" means a non-nutritive sweetener as defined in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972; "pulp or cells" means the fermentable but unfermented product obtained from the edible parts of fruit or vegetables of the same species without removing the juice: Provided that in the case of citrus fruit, pulp or cells means the juice sacs obtained from the endocarp; "purée" means the unfermented but fermentable product obtained by suitable physical process such as sieving, grinding or milling of only the edible portion of whole or peeled fruits or vegetables without removing the juice; "purée concentrate" means the product – (a) obtained by the physical removal of at least 50% of the water content from the fruit or vegetable purée to yield a final unfermented product at least double the standard strength Brix value as defined in these regulations for the fruit or vegetable purée concerned; and (b) to which flavour components obtained by suitable physical means from the same species of fruits or vegetables concerned may be restored; "ready-to-drink" or "single strength" means that -(a) the fruit or vegetable juices, nectars, drinks or related products are ready for consumption without further processing; or (b) any of the fruit or vegetable juices, nectars, drinks or related products which had been concentrated into a solid or liquid form, have been reconstituted or diluted according to the instructions indicated on the container; "related products" means the products referred to in regulation 5(5); -6DRAFT "reconstituted" or "made from concentrate" means the juice is prepared by reconstitution of concentrated juice(s) and/or purée(s) with potable water, maintaining the essential properties of juice from the fruit(s) or vegetable(s) it originated from. The product moreover shall meet the requirements set out in regulation 5(2)(a); "sound" in relation to fruits and vegetables, means free from insect damage, insect infestation or any other external or internal disorders which detrimentally affect the quality of the fruit or vegetable concerned; "spoilage" means any deterioration of the fruit or vegetable juices, nectars, drinks or related products due to enzymatic or microbiological action or oxidation to such an extent that it is not fit for human consumption anymore; "squash" means a concentrated version of the classes set out in regulation 5(4)(a) to (f) which has to be diluted to a minimum ratio of one to three (1:3), to produce a suitable Fruit and/or Vegetable drink in the ready-to-drink form; "standard strength" means the fruit or vegetable juice or purée is neither diluted nor concentrated and the soluble solids content is the equivalent in mass per volume (gram/litre) of the Brix of -(a) directly expressed juice or purée in the case of fresh fruits or vegetables; or (b) reconstituted juice or purée concentrate with the minimum Brix as specified in Table 1 and Table 2 for the fruit or vegetable species concerned; "sugar" means sugar intended for human consumption without further processing as defined in the Codex Alimentarius Commission's document entitled: Codex Standard for Sugars, CODEX STAN 212 – 1999, and includes, but not limited to, raw or crystalline sucrose, dextrose anhydrous, glucose, fructose, lactose and fruit or vegetable derived sugar; "sugar syrup" means a solution of mono- or disaccharide as defined in the Codex Alimentarius Commission's document entitled: Codex Standard for Sugars, CODEX STAN 212 – 1999, and include, but not limited to, invert sugar (equimolar mixture of glucose and fructose produced from the hydrolysis of sucrose), high fructose corn syrup, high fructose inulin syrup, glucose syrup, sucrose (sugar) syrup, dried glucose syrup, and fruit or vegetable derived sugar syrup; "tea" means the aromatic beverage obtained by either infusing the dried or green crushed leaves, or a powdered version thereof, of the following plants in water: (a) The tea plant (Camellia sinensis). (b) Herbal plants such as but not limited to Rooibos (Aspalathus linearis, also known as A. contaminatus, or Borbonia pinifolia), Honeybush (Cyclopia genus) or chamomile (Matricaria retutica or Chamaemelum nobile); "the Act" means the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990); "trade mark" means a trade mark as defined by the Trade Marks Act, 1993 (Act No. 194 of 1993); "v/v" means volume per volume; "vegetable" means all of the recognised vegetables that are suitable in the manufacturing of vegetable juices, nectars, drinks and related products: Provided that the fruit shall be sound and ripe and may either be fresh or preserved; "w/w" means weight per weight; "water" means potable water which is safe for human consumption; -7DRAFT "water extracted fruit juice" means a product obtained by diffusion with water of, either pulpy whole fruit whose juice cannot be extracted by any physical means, or dehydrated whole fruit; and "water extracted vegetable juice" means a product obtained by diffusion with water of, either comminuted vegetables whose juice cannot be extracted by any physical means, or dehydrated whole vegetables. Scope of regulations 2. (1) These regulations shall apply to fruit and vegetable juices, nectars, drinks and related products intended for sale in the Republic of South Africa to which and under circumstances in which a prohibition in terms of section 3 of the Act regarding the sale of fruit and vegetable juices, nectars, drinks and related products apply. Restrictions on the sale of fruit and vegetable juices, nectars, drinks and related products 3. (1) No person shall sell fruit or vegetable juices, nectars, drinks or related products in the Republic of South Africa -(a) unless such products are sold according to the classes referred to in regulation 4; (b) unless such products comply with the standards regarding composition and quality referred to in regulation 5; (c) unless the containers in which such products are packed, comply with the requirements referred to in regulation 6; (d) unless such products are marked with the particulars and in the manner prescribed in regulations 6 to 11; and (e) if such products are marked with particulars and in a manner so prescribed as particulars with which it may not be marked. (2) The Executive Officer may grant written exemption, entirely or partially, to any person on such conditions as he or she deems necessary, from the provisions of sub-regulation (1). (3) The restrictions set out in sub-regulation (1) shall not apply to -(a) a soft drink product sold as “Lemonade”, unless the product concerned contains real lemon juice or lemon flavouring or depictions of lemons appear on the container and the contents in appearance, flavour and/or taste resembles juice derived from lemons; (b) fruit and vegetable juices, nectars, drinks and related products intended for industrial use as an ingredient in the manufacture of another product/foodstuff only: Provided that – (c) (i) each container shall be clearly marked with the wording “for further processing purposes only”, or with any other wording having a similar meaning; or (ii) the documentation accompanying such products shall clearly reflect that the products are intended for further processing only; concentrated fruit and vegetable juices, nectars, drinks and related products intended for use in mixtures with liquor products as defined in the Liquor Products Act, 1989 (Act No. 60 of 1989) only: Provided that the mixing instructions -8DRAFT provided on the packaging shall clearly reflect this; (d) liquor products as defined in the Liquor Products Act, 1989 (Act No. 60 of 1989); and (e) dairy products of the type fruit flavoured drinking yoghurt and fruit flavoured milk as defined in the latest dairy and imitation dairy products regulations published under the Act. Classes 4. The classes of fruit and vegetable juices, nectars, drinks and related products are as follows: (1) Fruit and Vegetable Juices: (a) Fresh Fruit or Vegetable Juice; Blended Fresh Fruit and/or Vegetable Juice. (b) Fruit or Vegetable Juice; Blended Fruit and/or Vegetable Juice - Shall fall in one of the following categories: (c) (2) (3) (i) Made from juice and/or purée concentrate (reconstituted). (ii) NFC (not from concentrate) juice and/or purée. (iii) Made from dehydrated or powdered juice and/or purée. (iv) Made from water extracted juice. (v) Made from a combination of one or more of the categories specified in sub-paragraphs (i) to (iv) above. Fruit or Vegetable Juice Smoothie; Blended Fruit and/or Vegetable Juice Smoothie. Fruit and Vegetable Nectars: (a) Fruit or Vegetable Nectar; Blended Fruit and/or Vegetable Nectar. (b) Fruit or Vegetable Nectar Smoothie; Blended Fruit and/or Vegetable Nectar Smoothie. (c) Fruit or Vegetable Nectar with Tea; Blended Fruit and/or Vegetable Nectar with Tea. (d) Fruit or Vegetable Nectar flavoured with Tea; Blended Fruit and/or Vegetable Nectar flavoured with Tea. Fruit and Vegetable Drinks: (a) Fruit or Vegetable Drink; Blended Fruit and/or Vegetable Drink. (b) Fruit or Vegetable Drink Smoothie; Blended Fruit and/or Vegetable Drink Smoothie. (c) Fruit or Vegetable Drink with Tea; Blended Fruit and/or Vegetable Drink with Tea. (d) Fruit or Vegetable Drink flavoured with Tea; Blended Fruit and/or Vegetable Drink flavoured with Tea. -9DRAFT (4) Related Products: (a) Fruit and/or Vegetable Flavoured Drink. (b) Unspecified related products. Standards for classes 5. The standards for the classes of fruit and vegetable juices, nectars, drinks and related products are as follows: (1) Fresh Juice and Fresh Juice Blends: (a) Fresh Fruit or Vegetable Juice shall consist of fresh, natural juice and/or purée as extracted directly from the fresh fruit or vegetable concerned and which -(i) has a minimum natural juice content of 100% (m/m); (ii) has not been manufactured from concentrated fruit or vegetable juice and/or purée, dehydrated or powdered fruit or vegetable juice and/or purée, or water extracted fruit or vegetable juice; (iii) has a minimum Brix level equal to the Brix of the directly expressed fruit or vegetable: Provided that – (aa) the total soluble solids content of the standard strength juice and/or purée shall not be modified, except by blending such juice and/or purée with the juice and/or purée obtained from the same kind of fruit or vegetable; and (bb) records of the Brix readings shall be kept by the manufacturer or packer for at least two years and shall be made available to the inspector on request; (iv) has not been subjected to any other treatment except chilling; (v) contains no food additives or any other additives; (vi) is clean and free from foreign matter; (vii) is free from deterioration and spoilage; and (viii) is intended to be sold for consumption within 7 days of extraction thereof: Provided that -(aa) the juice is hygienically bottled and chilled to below 5 °C within the shortest amount of time of extraction; (bb) the cold chain is maintained throughout the storage, distribution and display of the products; (cc) the production date, indicated in the order “Day-Month-Year” and preceded by the wording “production date” or the abbreviation “PD”, shall appear on every container; and (dd) the “best before” and/or “use by” and/or "sell by" date shall be indicated on every container in the manner prescribed in the - 10 DRAFT regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972). (b) Blended Fresh Fruit or Vegetable Juice shall consist of a blend of two or more fruit or vegetable species which comply with the same requirements set out in paragraph (a) above: Provided that – (i) (c) (2) the final product shall have a minimum Brix which complies with the weighted average of the Brix values of the different kinds of fresh fruit or vegetable species contained in the blend Blended Fresh Fruit and Vegetable Juice shall consist of a blend of fruit and vegetable species which comply with the same requirements set out in paragraph (a) above: Provided that – (i) the final product shall have a minimum Brix which complies with the weighted average of the Brix values of the different kinds of fresh fruit and vegetable species contained in the blend; and (ii) the main ingredients shall be identified and indicated in the class name in accordance with the requirements set out in regulation 7(1)(b). Juice and Juice Blends: (a) Fruit or Vegetable Juice made from juice and/or purée concentrate, dehydrated or powdered juice and/or purée, or water extracted juice (or a combination of these products), shall consist of 100% (m/m) juice and/or purée in the ready-todrink form and -(i) shall have a minimum Brix as specified in Table 1 and Table 2 for the fruit or vegetable species concerned: Provided that – (aa) in the case of reconstituted fruit or vegetable juice and/or purée, the soluble solids of any added optional ingredients and food additives shall be excluded; (ii) may be cloudy or clear (clarified); (iii) to which flavour or aroma or essence and pulp, obtained by suitable physical means from the same fruit or vegetable species, may be restored; (iv) which may contain food additives and/or added micronutrients; (v) which, in the case of tomato juice, may contain added salt, spices and aromatic herbs; (vi) which, in the case of grape juice, may contain added, restored salts of tartaric acids; (vii) which, in the case of orange juice, may contain juice of Citrus reticulata and/or its hybrids in an amount not exceeding 20% contribution to the total soluble solids of the orange juice; (viii) which is clean and free from foreign matter; and (ix) which is free from deterioration or spoilage. - 11 DRAFT (b) Blended Fruit or Vegetable Juice made from juice and/or purée concentrate, dehydrated or powdered juice and/or purée, or water extracted juice (or a combination of these products), shall consist of a blend of two or more fruit or vegetable species which comply to the same requirements set out in paragraph (a) above: Provided that -(i) (c) (d) Blended Fruit and Vegetable Juice made from juice and/or purée concentrate, dehydrated or powdered juice and/or purée, or water extracted juice (or a combination of these products), shall consist of a blend of fruit and vegetable species which comply to the same requirements set out in paragraph (a) above: Provided that -(i) the final product shall have a minimum Brix which complies with the weighted average of the Brix values of the different kinds of fruit and vegetable species contained in the blend; and (ii) the main ingredients shall be identified and indicated in the class name in accordance with the requirements set out in regulation 7(1)(b). NFC Fruit or Vegetable Juice shall consist of 100% (m/m) juice and/or purée at standard strength which has not been reconstituted, and -(i) (e) shall have a minimum Brix level equal to the Brix of the directly expressed fruit or vegetable, provided that – (aa) the total soluble solids content of the standard strength juice and/or purée shall not be modified, except by blending such juice and/or purée with the juice and/or purée obtained from the same kind of fruit or vegetable; and (bb) records of the Brix readings shall be kept by the manufacturer or packer for at least two years and shall be made available to the inspector on request; (ii) to which flavour or aroma or essence, obtained by suitable physical means from the same fruit or vegetable species, may be restored; (iii) which is clean and free from foreign matter; and (iv) which is free from deterioration or spoilage. Blended NFC Fruit or Vegetable Juice shall consist of a blend of two or more fruit or vegetable species which comply to the same requirements set out in paragraph (d) above: Provided that -(i) (f) the final product shall have a minimum Brix which complies with the weighted average of the Brix values of the different kinds of fruit or vegetable species contained in the blend. the final product shall have a minimum Brix which complies with the weighted average of the Brix values of the different kinds of fresh fruit or vegetable species contained in the blend. Blended NFC Fruit and Vegetable Juice shall consist of a blend of fruit and vegetable species which comply to the same requirements set out in paragraph (d) above: Provided that -(i) the final product shall have a minimum Brix which complies with the weighted average of the Brix values of the different kinds of fresh fruit - 12 DRAFT and vegetable species contained in the blend; and (ii) (c) Fruit or Vegetable Juice Smoothie shall consist of freshly pulverised or milled whole fruit or vegetables to produce a product which -(i) (ii) (d) (3) has a minimum Brix level equal to the Brix of the directly expressed fruit or vegetable: Provided that -(aa) the total soluble solids content of the standard strength juice smoothie shall not be modified, except by blending such product with NFC juice obtained from the same kind of fruit or vegetable; and (bb) records of the Brix readings shall be kept by the manufacturer or packer for at least two years and shall be made available to the inspector on request; and otherwise complies with the same requirements set out in paragraph (a) above. Blended Fruit or Vegetable Juice Smoothie shall consist of a blend of two or more freshly pulverised or milled whole fruit or vegetable species to produce a product which complies to the same requirements set out in paragraph (g) above: Provided that -(i) (e) the main ingredients shall be identified and indicated in the class name in according with the requirements set out in regulation 7(1)(b). the final product shall have a minimum Brix which complies with the weighted average of the Brix values of the different kinds of fresh fruit or vegetable species contained in the blend. Blended Fruit and Vegetable Juice Smoothie shall consist of a blend of freshly pulverised or milled whole fruit and vegetable species to produce a product which complies to the same requirements set out in paragraph (g) above: Provided that -(i) the final product shall have a minimum Brix which complies with the weighted average of the Brix values of the different kinds of fresh fruit and vegetable species contained in the blend; and (ii) the main ingredients shall be identified and indicated in the class name in according with the requirements set out in regulation 7(1)(b). Nectar and Nectar Blends: (a) Fruit or Vegetable Nectar shall consist of a mixture of juice and/or puree, water and/or sugar, honey, sugar syrups and/or permitted non-nutritive sweeteners, and -(i) shall contain a minimum percentage (m/m) of fruit or vegetable juice and/or purée in the ready-to-drink form as set out in Table 1 and Table 2 for the fruit or vegetable species concerned; (ii) to which flavour or aroma or essence and pulp, obtained by suitable physical means from the same fruit or vegetable species, may be restored; (iii) which may contain food additives and/or added micronutrients; - 13 DRAFT (b) (iv) which is clean and free from foreign matter; and (v) which is free from deterioration or spoilage. Blended Fruit or Vegetable Nectar shall consist of a blend of two or more fruit or vegetable species which comply to the same requirements set out in paragraph (a) above: Provided that -(i) (c) (d) (e) (f) (4) the final product shall have a minimum percentage fruit or vegetable juice and/or purée content (m/m) which at least complies with the weighted average of the minimum percentages fruit or vegetable juice and/or purée in the ready-to-drink form as set out in Table 1 and Table 2 for the fruit or vegetable species concerned. (Calculated as prescribed in regulation 15.) Blended Fruit and Vegetable Nectar shall consist of a blend of fruit and vegetable species which comply to the same requirements set out in paragraph (a) above: Provided that – (i) the final product shall have a minimum percentage fruit and vegetable juice and/or purée content (m/m) which at least complies with the weighted average of the minimum percentages fruit and vegetable juice and/or purée in the ready-to-drink form as set out in Table 1 and Table 2 for the fruit and vegetable species concerned (Calculated as prescribed in regulation 15.); and (ii) the main ingredients shall be identified and indicated in the class name in accordance with the requirements set out in regulation 7(1)(b). Fruit and/or Vegetable Nectar Smoothie shall consist of a blend of pulverised or milled whole fruit and/or vegetables, NFC juice, water and/or sugar, honey, sugar syrups and/or permitted non-nutritive sweeteners and which -(i) otherwise complies with the same requirements set out in paragraph (a) above; and (ii) may contain added foodstuffs (e.g. milk, yoghurt, etc.). (Blended) Fruit and/or Vegetable Nectar with Tea shall consist of a blend of one or more fruit and/or vegetable species and tea: Provided that -(i) the juice and/or purée content of the ready-to-drink product shall still qualify the product as a Fruit or Vegetable Nectar, or a Blended Fruit and/or Vegetable Nectar, as the case may be; and (ii) the product otherwise complies with the same requirements as set out in paragraph (a) above. (Blended) Fruit and/or Vegetable Nectar flavoured with Tea shall consist of either Fruit or Vegetable Nectar, or Blended Fruit and/or Vegetable Nectar to which tea flavouring(s) has/have been added. Fruit and Vegetable Drinks: (a) Fruit or Vegetable Drink means a product -(i) which shall contain a minimum of 6% (m/m) fruit or vegetable juice - 14 DRAFT and/or purée in the ready-to-drink form; (b) (ii) to which flavour or aroma or essence and pulp, obtained by suitable physical means from the same fruit or vegetable species, may be restored; (iii) to which sugar, honey, sugar syrups and/or permitted non-nutritive sweeteners may have been added; (iv) to which comminuted orange or cloudy citrus peel extract may be added; (v) which may contain food additives and/or added micronutrients; (vi) which is clean and free from foreign matter; and (vii) which is free from deterioration or spoilage. Blended Fruit or Vegetable Drink shall consist of a blend of two or more fruit or vegetable species which comply to the same requirements set out in paragraph (a) above: Provided that -(i) (c) Blended Fruit and Vegetable Drink shall consist of a blend of fruit and vegetable species which comply with the same requirements set out in paragraph (a) above: Provided that -(i) (d) (e) (f) (5) the ready-to-drink product shall have a minimum percentage fruit or vegetable juice and/or purée content of 6% (m/m) on weighted average. the ready-to-drink product shall have a minimum percentage fruit and vegetable juice and/or purée content of 6% (m/m) on weighted average. (Blended) Fruit and/or Vegetable Drink Smoothie shall consist of a blend of pulverised or milled whole fruit and/or vegetables, NFC juice, water and/or sugar, honey, sugar syrups and/or permitted non-nutritive sweeteners and which -(i) otherwise complies with the same requirements set out in paragraph (a) above; and (ii) may contain added foodstuffs (e.g. milk, yoghurt, etc.). (Blended) Fruit and/or Vegetable Drink with Tea shall consist of a blend of one or more fruit and/or vegetable species and tea: Provided that -(iii) the juice and/or purée content of the ready-to-drink product shall still qualify the product as a Fruit or Vegetable Drink, or a Blended Fruit and/or Vegetable Drink, as the case may be; and (iv) the product otherwise complies with the same requirements as set out in paragraph (a) above. (Blended) Fruit and/or Vegetable Drink flavoured with Tea shall consist of either Fruit or Vegetable Drink, or Blended Fruit and/or Vegetable Drink to which tea flavouring(s) has/have been added. Related Products: (a) Fruit and/or Vegetable Flavoured *Drink means a product – - 15 DRAFT (i) (b) which – (aa) contains less than 6% (m/m) fruit and/or vegetable juice and/or purée in the ready-to-drink form; or (bb) contains only fruit and/or vegetable flavouring(s); or (cc) in appearance, flavour and taste resembles juice derived from fruit and/or vegetables; (ii) to which sugar, honey, sugar syrups and/or permitted non-nutritive sweeteners may have been added; (iii) which may contain food additives and/or added foodstuffs and/or added micronutrients; (iv) which is clean and free from foreign matter; and (v) which is free from deterioration or spoilage. Unspecified related products (i) (ii) Subject to the provisions of regulation 3(3), ‘unspecified related products’ mean any substance which is not addressed in these regulations and which is intended to be used as a drink, whether with or without the addition of any other substance, and – (aa) which is partially prepared from fruits and/or vegetables or which in appearance, flavour and/or taste resembles juice derived from fruits and/or vegetables; or (bb) on the container of which there appears any depiction or illustration of, or reference to fruits and/or vegetables. The composition of and product descriptor for each ‘unspecified related product’ shall be submitted in writing to the Executive Officer to obtain written approval prior to importing or selling such product. Requirements for containers and outer containers 6. (1) Containers for fruit and vegetable juices, nectars, drinks and related products shall -(a) be intact, clean, suitable and strong enough for packing and normal handling of the product; (b) not impart any undesirable taste or flavour to the contents thereof; and (c) be closed properly in a manner permitted by the nature thereof. * The word “Drink” may be substituted with the word “Tea” if the product consists mainly of tea. The same requirements as set out in regulation 5(5)(a) shall apply to a product presented as Fruit and/or Vegetable Flavoured Tea. (2) Containers made of tinplate, tin-free steel or aluminium shall not have been used - 16 DRAFT previously and shall be free from rust, and the inner surfaces of metal containers shall be properly lacquered or treated in any other effective manner against corrosion if the properties of the fruit or vegetable juices, nectars, drinks or related products are at any time likely to impair the quality of the fruit or vegetable juices, nectars, drinks or related products in contact with the untreated metal surface of the container. (3) If containers containing fruit or vegetable juices, nectars, drinks or related products are packed in outer containers, such outer containers shall be clean, neat and intact. (4) Different classes of fruit or vegetable juices, nectars, drinks or related products shall not be packed in the same outer container. Marking of containers and outer containers Markings on the main panel 7. (1) Subject to the provisions of regulation 11, the main panel of each container containing fruit or vegetable juices, nectars, drinks or related products shall be marked with the following particulars at least in English: Class designation Single products (a) The applicable class designation specified in regulation 4 in the case of products comprising of a single fruit or vegetable species: Provided that -(i) the word “Fruit” and/or “Vegetable” shall be substituted by the common name of the fruit and/or vegetable species concerned [e.g. Apple Nectar; Carrot Juice; etc.]; (ii) the word “cocktail” shall be included in the class designation in the case of tomato juice to which salt and/or spices and/or aromatic herbs have been added; (iii) in the case of a concentrated Fruit or Vegetable Drink, the word "drink" may be substituted by the word "squash”; and (iv) in the case of the classes Fruit or Vegetable Nectar with tea and Fruit or Vegetable Drink with tea, the word “tea” may be substituted by the words “Rooibos”, “Green Rooibos”, “Honeybush”, “Green Honeybush”, “Ceylon Tea”, “Green Tea” or “Chamomile Tea”, as the case may be. Blended products (b) The applicable class designation specified in regulation 4 in the case of products manufactured from two or more fruit and/or vegetable species: Provided that -(i) such class designation shall either include the common names of all the various fruit and/or vegetables species comprising the blend in descending order of appearance (m/m) at standard strength: Provided further that the word "blend" may be omitted if the names of all the fruit and/or vegetable species comprising the blend are included in the class designation; or (ii) such class designation shall consist of the words "fruit juice blend", “vegetable juice blend”, "fruit and vegetable juice blend", "fruit nectar blend", “vegetable nectar blend”, "fruit and vegetable nectar blend", "fruit - 17 DRAFT drink blend", “vegetable drink blend” or "fruit and vegetable drink blend", as the case may be: Provided further that -- (iii) (aa) the common names of all the various fruit and/or vegetable species comprising the blend shall be declared in close proximity to the class designation concerned in descending order of appearance (m/m) at standard strength in letters at least 2 mm in height; or (bb) in the case of blends made up of three or more fruit and/or vegetable species, only the two (or more) fruit and/or vegetable species lending the predominant flavour and aroma to the blend need be declared: Provide further that -(aaa) the words "and other fruit(s)", “and other vegetables” or “and other fruits & vegetables”, as the case may be, shall follow such declared fruit and/or vegetable species immediately in the same letter size; (bbb) a complete ingredients list shall appear on the container; and (ccc) the emphasised, predominant fruit and/or vegetable species shall be subject to the requirements on Quantitave Ingredient Declarations (QUID), as specified in the regulations published under the Foodstuffs, Cosmetics and Disinfects Act, 1972 (Act No. 54 of 1972); no fruit or vegetable species shall be named in either the class designation or the list of fruit and/or vegetable species declared in close proximity to the class designation, as the case may be, if less than the following amount of juice and/or purée at standard strength of the named fruit and/or vegetable species concerned is contained in the blend: (aa) 2% (m/m) in the case of berry fruits; and (bb) 6% (m/m) in the case of fruits other than berries and vegetables; (iv) the word “blend” may be substituted by the words "punch”, "cocktail", “mix”, “mixture” or “medley”, or any other word having a similar meaning; (v) in the case of a concentrated Blended Fruit and/or Vegetable Drink, the word "drink" may be substituted by the word "squash”; (vi) in the case of the classes Blended Fruit and/or Vegetable Nectar with tea and Blended Fruit and/or Vegetable Drink with tea, the word “tea” may be substituted by the words “Rooibos”, “Honeybush”, “Ceylon Tea”, “Green Tea” or “Chamomile Tea”, as the case may be; (vii) distinct varietal denominations may be used in conjunction with the common fruit and/or vegetable names on condition that it shall correspond with the actual variety(ies) of fruit(s) and/or vegetable(s) present in the product concerned; and (viii) any altered word sequence of the class designation is permissible on condition that the altered word sequence does not constitute a misrepresentation, or not directly or by implication create or may create a - 18 DRAFT misleading impression regarding the quality, nature, origin or composition of the product concerned. Flavoured products (c) The applicable class designation specified in regulation 4 in the case of products which only contain fruit and or vegetable flavouring(s): Provided that -(i) the word(s) “Fruit” and/or “Vegetable” in the class designation shall be substituted by the name(s) of the fruit and/or vegetable flavouring(s) used; (ii) in the case of a concentrated Fruit and/or Vegetable Flavoured Drink, the word "drink" may be substituted by the words "cordial" or “syrup”; and (iii) in the case of the class Fruit and/or Vegetable Flavoured Tea – (aa) the class designation may be preceded by the word “Iced” or “Ice”; and (bb) the word “tea” may be substituted by the words “Rooibos”, “Honeybush”, “Ceylon Tea”, “Green Tea” or “Chamomile Tea”, as the case may be. Additions to the class designation (d) The following applicable additions to the class designation: (i) If a product is presented for sale as a concentrate (i.e. a product which requires dilution before consumption) the applicable class designation shall either be preceded or followed by the expression “concentrate” or “concentrated”: Provided that in the case of a concentrated (Blended) Fruit and/or Vegetable Drink and a concentrated Fruit and/or Vegetable Flavoured Drink designated as a “squash” or “cordial" or “syrup”, as the case may be, such expression need not be indicated. (ii) If a product is presented for sale in the dehydrated or powdered state, the words “powdered” or “dehydrated” shall either precede or be included as part of the applicable class designation. (iv) Where added pulp or cells other than, or in excess of, the pulp or cells originally extracted from the fruit and/or vegetable product concerned, has/have been added to a product, the class designation shall include an indication of such addition. (v) Where tomato juice contains added spices and/or aromatic herbs, the expression “spiced” and/or the common name(s) of the aromatic herb(s) and/or spice(s) used shall be indicated in close proximity to the class designation. (vi) If real fruit and/or vegetable pieces or slices or cubes have been added to a product, the applicable class designation shall be followed by the expression “with X pieces/slices/cubes”, or wording having a similar meaning, where “X” indicates the common name(s) of the fruit and/or vegetable pieces or slices or cubes present in the product concerned. - 19 DRAFT Percentage juice (e) The minimum percentage fruit and/or vegetable juice and/or purée (m/m) the product contains: (i) (ii) In the case of the classes Fruit and Vegetable Nectars [Reg. 4(2)] and Fruit and Vegetable Drinks [Reg. 4(3)], the minimum percentage fruit and/or vegetable juice and/or purée (m/m) the product contains in the ready-to-drink form -(aa) shall be indicated by the use of the wording “juice content: X%”, “X% juice” or “contains X% juice after dilution” (in the case of concentrated products only), or any other wording having a similar meaning, where “X” indicates the appropriate figure: Provided that such indication shall appear in the same field of view as the class designation; or (bb) may, in the case of products comprising of a single fruit and/or vegetable species as well as products manufactured from two or more fruit and/or vegetable species where the common names of all the fruit and/or vegetables species used appear in the class designation, directly precede the class designation concerned in letters of the same size. [E.g. “50% apple nectar”; “70% pineapple & peach nectar blend”; “30% orange & carrot drink blend”; etc.] In the case of the classes Fruit and Vegetable Juices [Reg.4(1)], the indication of the minimum percentage fruit and/or vegetable juice and/or purée (m/m) the product contains in the ready-to-drink form is optional, but if indicated such indication shall be made in accordance with the requirements set out in sub-paragraph (i) above. The expression “carbonated” or “sparkling” (f) The expression “carbonated” or “sparkling” if the product concerned contains added carbon dioxide in a letter size of at least 1 mm in height. Secondary markings 8. (1) Subject to the provisions of regulation 11, each container containing fruit or vegetable juices, nectars, drinks or related products shall either on the main panel or on any other conspicuous place on the container, be marked with the following particulars at least in English: Dilution ratio (a) The dilution ratio with water or any other non-alcoholic liquid in the case where products need to be reconstituted or diluted before consumption in letters at least 2mm in height: Provided that -(i) only one dilution ratio shall be declared; and (ii) illustrations of how the product shall be diluted may be used in addition to the indicated dilution ratio. Name and address (b) The name and address of the manufacturer, packer, importer, seller or person or entity on whose behalf the product has been packed in a letter size of at least 1 - 20 DRAFT mm in height. Country of origin (c) (i) (ii) The country of origin which shall be declared on the label as follows in a letter size of at least 1 mm in height: (aa) "Product of (name of country)" if all the main ingredients, processing and labour used to make the product are from one specific country; (bb) "Produced in (name of country)", "Processed in (name of country)", "Manufactured in (name of country)", "Made in (name of country)", or wording having a similar meaning, when the product is processed in a second country which changes its nature; or (cc) In the case where single ingredient agricultural commodities are imported in bulk and where owing to climatic, seasonal or other contingencies more than one country may be the source of the single ingredient agricultural commodity, the wording ‘Product of (name(s) of country(ies))’ separated by the expression ‘and/or’, shall be declared on the label of the final pre-packed foodstuff: Provided that the final end product remains a single ingredient agricultural commodity: The words "Packed in (name of country)" may be used in addition to the requirements of sub-paragraphs (i)(aa) or (bb) above. Volume (d) The volume of the product packed therein as required in terms of the Trade Metrology Act, 1973 (Act No. 77 of 1973): Provided that the letter size of such indication shall comply with the requirements of the Trade Metrology Act, 1973 (Act No. 77 of 1973). Ingredients list (e) The ingredients list shall be indicated in the manner prescribed in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972) in a letter size of at least 1 mm in height. Outer containers 9. (1) Each outer container shall display at least the following marking requirements: (a) The particulars prescribed in regulations 7(1)(a) to (e), and 8(1)(b) and (c). (b) The number of containers (individual units) contained therein as required in terms of the Trade Metrology Act, 1973 (Act No. 77 of 1973). Products dispensed and sold from tanks or other storage units 10. (1) If a product is dispensed and sold from a tank or other storage unit, the tank or other storage unit from which such fruit or vegetable juices, nectars, drinks or related products is dispensed shall be marked in the immediate vicinity of the tap at least with the particulars prescribed in regulation 7(1)(a) to (e). - 21 DRAFT Appearance and legibility 11. (1) and figures -- The particulars referred to in regulations 7 to 10 shall be indicated in detached letters (a) that are clearly legible; (b) that are of the same type; (c) that appear on a contrasting background; and (d) of which the minimum vertical height of the smallest letter or figure in the indication is as follows: Particular ● Class designation ● Percentage juice Regulation 7(1)(a) to (c) 7(1)(e) ● Additions to the class designation 7 Minimum size 3mm: Provided that it may be reduced to 2mm in the case of units with a volume of 250mL and less 7(1)(d) 2mm: Provided that, subject to the provisions of regulation 12(1)(c), the difference in letter size between the smallest letter in the class designation indication and smallest letter in the additions to the class designation indication shall not exceed 3mm ● The expression ‘carbonated’ or ‘sparkling’ ● Dilution ratio 7(1)(f) 2mm ● Name and address ● Country of origin ● Ingredients list 8(1)(b) 8(1)(c) 8(1)(d) 1mm ● Particulars on the tank or other storage unit 10(1) 50mm (1)(c) (1)(d) 8(1)(a) Restricted particulars on containers and outer containers Class designation 12. (1) (a) No class designation other than the applicable class designation shall be marked on a container or outer container. (b) No word or expression which so nearly resembles the class designation of a product that it could be misleading with regard to the composition shall be marked on the container or outer container. (c) No word or expression may be bigger than the class designation unless it is a registered trade mark, brand name or product variant name [e.g. ‘Tropical’; ‘Symphony of Fruits’, ‘Breakfast Punch’; ‘Mango & Orange’; ‘Berry Blaze’ (to - 22 DRAFT emphasise a certain taste profile); etc.): Provided that the naming of a fruit and/or vegetable, or the use of a collective name for a group of fruits (e.g. ‘Berries’, ‘Citrus’, ‘Pome’, etc.), in the variant name shall only be allowed if the requirements on Quantitave Ingredient Declarations (QUID), as specified in the regulations published under the Foodstuffs, Cosmetics and Disinfects Act, 1972 (Act No. 54 of 1972), have been complied with. Variant name (2) (a) Subject to the provisions of sub-regulation (1)(c), the use of -(i) a variant name which includes the name(s) of the fruit(s) and/or vegetable(s) species which render the characteristic appearance, flavour and/or taste to the blend shall only be allowed if the name(s) of such fruit(s) and/or vegetable(s) is/are included in the class designation or the list of fruit and/or vegetable species declared in close proximity to the class designation in descending order of appearance in the blend concerned; and (ii) the variant name “Tropical” shall only be allowed if the blend contains at least two tropical fruit species and have the predominant flavour and aroma of the tropical fruit species used in the blend concerned. Depictions and illustrations (3) (a) Depictions or illustrations of fruit, fruit trees, fruit blossoms, fruit orchards, vineyards, vine shoots, vegetables and leaves of fruit trees or vines or vegetables shall only be allowed in the case of the classes Fruit and Vegetable Juices [Reg. 4(1)] and Fruit and Vegetable Nectars [Reg. 4(2)]: Provided that in the case of blended products falling under the two afore-mentioned classes, depictions or illustrations of a specific fruit or vegetable will only be allowed if the blend at standard strength contains at least -(i) 2% (m/m) juice and/or purée of the fruit concerned in the case of berry fruits; and (ii) 6% (m/m) juice and/or purée of the fruit or vegetable concerned in the case of all vegetables and fruits other than berries. (b) The restrictions in paragraph (a) above shall also apply to any other means of expression which, directly or by implication purports to impart the impression that the depiction or illustration concerned is a depiction or illustration of a fruit or vegetable or other plant part mentioned in paragraph (a). (E.g. depicting fruit figurines, abstract illustrations of what can be perceived as leaves, etc.) (c) Depictions or illustrations of a scenery and plants or plant parts other than those mentioned in paragraph (a) above (with the exception of palm trees), may appear on the class Fruit and Vegetable Drinks and Related Products. (E.g. depictions or illustrations of pastures, mountains covered with natural vegetation, jungle scenes, etc.) (4) Subject to the provisions of sub-regulations (1)(c) and (2)(a), a specific fruit and/or vegetable may only be emphasised on a container or outer container by means of a depiction or illustration or by wording if the requirements on Quantitave Ingredient Declarations (QUID), as specified in the regulations published under the Foodstuffs, Cosmetics and Disinfects Act, 1972 (Act No. 54 of 1972), have been complied with. - 23 DRAFT Repetition of the fruit or vegetable name (5) In the case of the class Fruit and Vegetable Drinks and Related Products any wording which refers, either directly or by implication, to any kind of fruit and/or vegetable, may be repeated on the container: Provided that such wording shall, at each repetition thereof, be directly followed by the expression “Flavoured” in letters of the same size: Provided further that the afore-mentioned provision shall not apply to -(a) the class designation indication; and (b) the ingredients list. Misleading words, marks, depictions, etc. (6) No word, mark, depiction, illustration or any other method of expression that constitutes a misrepresentation or directly or by implication creates or may create a misleading impression regarding the quality, nature, class, origin or composition of fruit and vegetable juices, nectars, drinks and related products shall be marked on a container or outer container. Misleading trade marks or brand names (7) (a) No trade mark or brand name which may possibly, directly or by implication, be misleading or create a false impression of the contents of a container or outer container containing fruit or vegetable juices, nectars, drinks or related products, shall appear on such a container or outer container. (b) Trade marks or brand names which have been in use on containers or outer containers containing fruit or vegetable juices, nectars, drinks or related products prior to 7 November 1980, shall not be subject to these restrictions: Provided that the owner of such trade mark or brand name shall, on request, provide the Executive Officer with the necessary written proof in this regard. (c) Trade marks or brand names bearing the words, statements, phrases, logos or expressions referred to in sub-regulation (9) and which have been in use on containers or outer containers containing fruit or vegetable juices, nectars, drinks or related products prior to 14 June 2014, shall not be subject to these restrictions: Provided that the owner of such trade mark or brand name shall, on request, provide the Executive Officer with the necessary written proof in this regard. Claims (8) No claim regarding the absence of any substance that does not normally occur in fruit and vegetable juices, nectars, drinks and related products shall be marked on the container or outer container thereof, except in cases where it is allowed for in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972). (9) The words ‘fresh’, ‘freshly’(only applicable to the classes Fresh Fruit or Vegetable Juice and Blended Fresh Fruit and/or Vegetable Juice), ‘natural’, ‘nature’s’, ‘pure’, ‘traditional’, ‘original’, ‘authentic’, ‘real’, ‘genuine’, ‘home made’, ‘selected’, ‘premium’, ‘finest’, ‘quality’ or ‘best, or any other words, statements, phrases, logos or expressions having a similar meaning, whether directly or by implication, shall not appear on a container containing fruit or vegetable juices, nectars, drinks or related products, unless the criteria on the use of such terms, as set out in the guidance notes compiled by the United Kingdom’s Food Standards Agency, have been complied with. The latest version of these guidance notes is available on the Department’s website or may be obtained directly from the office of the Executive Officer. (10) No claim which compares the total fat, saturated fat, cholesterol, sugar, sodium or salt, or - 24 DRAFT energy value of two or more similar fruit or vegetable nectars, drinks or related products by using words such as "reduced", "less than", "fewer", "light" and "lite", or words having a similar meaning, shall be made on the container or in an advertisement for these classes of products, unless the following conditions are complied with: (a) The product shall be compared with a different version of the specific fruit or vegetable variant or blend of fruit and/or vegetable variants, as the case may be, within the same class: Provided that if a different version of the specific fruit or vegetable variant or blend of fruit and/or vegetable variants is not available, the product concerned may be compared with a different fruit or vegetable variant or blend of fruit and/or vegetable variants, as the case may be, within the same class. (b) The product being compared shall be clearly marked on every container with the following information: (i) A statement of the amount of difference in the energy value or relevant nutrient content, expressed as a percentage. (ii) The identity of the product(s) to which it is being compared in close proximity to or as part of the comparative claim. (c) The comparison shall be based on a relative difference of at least 25% in the energy value or nutrient content of an equivalent mass or volume: Provided that the necessary proof (analysis report, etc.) shall be provided by the manufacturer or packer on request of the inspector. (d) Each container shall be marked with the prescribed nutritional information declaration required in terms of the regulations published under the Foodstuffs, Cosmetics and Disinfects Act, 1972 (Act No. 54 of 1972). Storage tanks, notice boards and advertisements (11) The provisions of this regulation shall mutatis mutandis apply to– (a) particulars that are marked on storage tanks or other storage containers in the case where products are sold in the container of the buyer; (b) particulars that are marked on a notice board displayed at or in the immediate vicinity of fruit and vegetable juices, nectars, drinks and related products that are kept or displayed for sale; and (c) all advertisements for fruit and vegetable juices, nectars, drinks and related products. Identification of production lot (batch) 13. (1) Each container of fruit and vegetable juices, nectars, drinks and related products shall be identifiable and traceable to such an extent that the factory or premises where the final product was produced and/or packed can be identified as well as details regarding the specific production lot (batch). (2) Such identification shall be the same for all containers of fruit and vegetable juices, nectars, drinks and related products originating from the same production lot (batch). - 25 DRAFT Sampling and Analysis of Fruit and Vegetable Juices, Nectars, Drinks and Related Products Sampling 14. (1) (a) An inspector may in any consignment of fruit and vegetable juices, nectars, drinks and related products draw as many containers for the purpose of further inspection or analysis, as he or she may deem necessary. (b) An inspector shall be satisfied that the samples so drawn are representative of the consignment concerned. (c) Samples of fruit and vegetable juices, nectars, drinks and related products may be obtained from the trade or directly from the factory or warehouse where such products are stored. (d) Samples shall be stored and transported to the laboratory in refrigerated containers if so prescribed in the storage instructions on the containers. Verification of composition and authenticity (2) (a) Fruit and vegetable juices, nectars, drinks and related products shall be subject to analysis for composition and authenticity where applicable and at the discretion of the Executive Officer. (b) The verification of a sample’s composition and authenticity shall be assessed by comparison of data for the sample, generated using appropriate methods referred to in paragraph (c) below, with data produced for fruit or vegetables of the same type as per the AIJN guidelines, or where AIJN guidelines are not available, any other internationally recognised and acceptable data and/or guidelines. (c) The methods of analysis as provided for in the latest version of the Codex Alimentarius Commission’s document entitled: Recommended Methods of Analysis and Sampling, CODEX STAN 234-1999, or any other internationally recognised and acceptable reference methods and procedures (e.g. ISO, AOAC, etc.), shall be used when verifying a sample’s composition and authenticity. (d) Analysis as required in paragraph (a) above shall be conducted by an accredited laboratory. (e) The Executive Officer shall in accrediting or nominating a laboratory to conduct the necessary analysis consider inter alia their suitability with regards to the following criteria: (i) Knowledge and/or expertise in the analysis of fruit and vegetable juices, nectars, drinks and related products. (ii) Compliance with the general criteria for testing laboratories laid down in ISO/IEC Guide 17025. (iii) Participation in appropriate proficiency testing schemes for analysis which conform to the requirements laid down in “The international harmonized protocol for the proficiency testing of analytical laboratories”. (iv) Whenever available, use methods of analysis which have been validated according to the principles laid down by the Codex Alimentarius Commission. (v) Use internal quality control procedures, such as those described in the - 26 DRAFT “Harmonized Guidelines for internal Quality Control in Analytical Chemistry Laboratories”. Fees payable for analyses (3) (a) In terms of section 3A(4) of the Act, all analysis required in terms of subregulation (2)(a) shall be performed at the expense of the owner (i.e. manufacturer, packer, importer, retailer or other person or entity, as the case may be). (b) The following fees shall be payable: (c) (i) The laboratory analysis fee when samples of fruit or vegetable juices, nectars, drinks or related products are analysed to confirm compliance. (ii) The courier (transport) fee when samples are dispatched to the laboratory. The Minister or the Executive officer shall in no case be liable in respect of any claim arising from the analysis of fruit or vegetable juices, nectars, drinks or related products. Calculating the percentage juice/purée content 15. (1) (a) When calculating the percentage juice or purée content of a fruit or vegetable juice, nectar, drink or related product, the method illustrated in Annexure A shall be used as the basis for such calculation. (b) The latest version of the sucrose conversion Tables, set out in Table B. Relationship between °Brix (percent sucrose by weight), relative density (D20/20) and total solids (kg/m3, equivalent to g/L) of the International Federation of Fruit Juice Producers’ document entitled: Determination of Soluble Solids (indirect method by refractometry) - (IFU Analysis, No.8, Rev. 2005), shall be used when making the calculation. Calculating the minimum Brix required 16. (1) (a) In the case of unsweetened as well artificially sweetened Fruit and Vegetable Nectars (including blends thereof) the minimum Brix prescribed in Tables 1 and 2 cannot be complied with. (b) The contribution of the juice or purée to the Brix of the unsweetened or artificially sweetened products shall however be at least equal to the minimum percentage juice or purée prescribed for a Fruit or Vegetable Nectar at standard strength in the case of single fruit or vegetable species, or the weighted averages thereof in the case of blends. (c) The methods illustrated in Annexure B shall be used as the basis for such calculation to confirm compliance. Offences and penalties 17. Any person who contravenes or fails to comply with the provisions of these regulations shall be guilty of an offence and upon conviction be liable to a fine or imprisonment in accordance with section 11 of the Act. - 27 DRAFT TABLE 1 MINIMUM BRIX REQUIREMENTS FOR RECONSTITUTED FRUIT JUICE AND PURÉE, AND MINIMUM FRUIT JUICE AND/OR PURÉE CONTENT FOR FRUIT NECTARS Common name 1 Apple Apricot Aronia or Chokeberry Banana Blackberry Blueberry or Bilberry Boysenberry Casaba Melon Cashew apple Cherry (Sour) Cherry (Sweet) Cloudberry Coconut c Crab Apple Cranberry Crowberry Currant (Black) Currant (Red or White) Date Dewberry Elderberry Fig Gooseberry Gooseberry (Red or White) Botanical name Minimum Brix for reconstituted fruit juice and purée 2 Malus domestica Borkh. Prunus armeniaca L. 3 10.5 Minimum juice and/or purée content (% by volume of ready-todrink product) 4 50.0 11.5 25.0 Pyrus arbustifolia (L.) Pers. Musa species including M. acuminata and M. paradisiaca but excluding other plantains Rubus fruitcosus L. Vaccinium myrtillus L. Vaccinium corymbosum L. Vaccinium angustifolium Rubus ursinus Cham. & Schltdl. Cucumis melo L subsp. melo var. inodorus H. Jacq. Anacardium occidentale L. Prunus cerasus L. Prunus avium L. Rubus chamaemorus L. Cocos nucifera L.e Malus prunifolia (Willd.) Borkh. Malus sylvestris MilL. Vaccinium macrocarpon Aiton Vaccinium oxycoccos L. Empetrum nigrum L. Ribes nigrum L. Ribes rubrum L. Phoenix dactylifera L. Rubus hispidus (of North America) R. caesius (of Europe) Sambucus nigra L. Sambucus canadensis. Ficus carica L. Ribes uva-crispa L. Ribes uva-crispa L. 13.5 20.0 12.0 20.0 9.0 10.0 20.0 20.0 10.0 20.0 7.5 25.0 11.5 25.0 14.0 20.0 9.0 25.0 25.0 20.0 5.0 15.4 25.0 25.0 7.5 20.0 6.0 11.0 10.0 18.5 10.0 20.0 20.0 20.0 25.0 20.0 10.5 20.0 18.0 7.5 ( * )a 25.0 20.0 30.0 - 28 DRAFT Common name Grape Grapefruit Guava Honeydew Melon Kiwi Kumquat Lemon Lime Lingonberry Loganberry Loquat Lychee/Litchi Mandarin or Mandarine or Tangerine Mango Marula/Murula Melon Mulberry Nectarine Orange Orange (Sour) Papaya Passion fruit or Passionfruit Peach Pear Persimmon Pineapple Plum Pome Apple Pomegranate Botanical name Minimum Brix for reconstituted fruit juice and purée Vitis Vinifera L. or hybrids thereof Vitis Labrusca or hybrids thereof Citrus paradisi Macfad Psidium guajava L. Cucumis melo L. subsp. melo var. Actinidia deliciosa (A. Chev.) C. F. Liang & A. R. Fergoson Fortunella Swingle sp. Citrus limon (L.) Burm. f. Citrus latifolia (Yu. Tan.) Tan. (Acid limes) and Citrus aurantifolia Christm. Swingle (Mexican limes) Vaccinium vitis-idaea L. Rubus loganobaccus L. H. Bailey Eribotrya japonesa Litchi chinensis Sonn. Citrus reticulata Blanco 12.5 Minimum juice and/or purée content (% by volume of ready-todrink product) 50.0 8.0 8.5 10.0 50.0 20.0 25.0 11.5 20.0 ( * )a 7.5 ( * )a 12.5 7.5 12.5 10.0 10.5 20.0 20.0 ( * )a 11.2 8.5 ( * )a 20.0 50.0 12.0 6.0 8.0 ( * )a 20.0 20.0 35.0 20.0 10.5 40.0 8.6 50.0 ( * )a 10.0 9.0 50.0 20.0 20.0 10.5 40.0 12.0 ( * )a 9.5b 40.0 40.0 40.0 12.0 50.0 ( * )a 12.0 25.0 25.0 Mangifera indica L. Sclerocarya birrea Cucumis melo L. Morus sp. Rubus chamaemorus L. Morus hybrid Prunus persica (L.) Batsch var. nucipersica (Suckow) c. K. Schneid. Citrus sinensis (L.) Osbeck Citrus aurantium L. Carica papaya L. Pasiflora edulis Sims. f. edulus Passiflora edulis Sims. f. Flavicarpa O. Def. Prunus persica (L.) Batsch var. persica Pyrus communis L. Diospyros khaki Thunb. Ananas comosus (L.) Merrill Ananas sativis L. Schult. f. Prunus domestica L. subsp. domestica Syzygiun jambosa Punica granatum L. - 29 DRAFT Common name Botanical name Minimum Brix for reconstituted fruit juice and purée Prickly pear/Cactus fruit Quetsche Opuntia ficus-indica Prunus domestica L. subsp. domestica Cydonnia oblonga Mill. Rubus occidentalis L. Rubus idaeus L. Rubus strigosus Michx. Rosa sp. L. Sorbus aucuparia L. Averrhoa carambola L. Fragaria x. ananassa Duchense(Fragaria chiloensis Duchesne x Fragaria virginiana Duchesne) Annona squamosa L. Eugenia uniflora Rich. Citrus paradisi, Citrus grandis Tamarindus indica 10.0 12.0 Minimum juice and/or purée content (% by volume of ready-todrink product) 20.0 25.0 11.2 11.1 8.0 25.0 20.0 20.0 9.0 11.0 7.5 7.5 40.0 20.0 25.0 20.0 14.5 6.0 10.0 25.0 25.0 50.0 13.0 Adequate content to reach a minimum acidity of 0.5 50.0 Quince Raspberry (Black) Raspberry (Red) Rosehip Rowanberry Starfruit Strawberry Sugar Apple Suriname Cherry Sweetie grapefruit Tamarind (Indian date) Tomato Water Melon Youngberry Fruits not specified above Lycopersicum 5.0 esculentum L. Citrullus lanatus 8.0 40.0 (Thunb.) Matsum. & Nakai var. Lanatus Rubus vitifolius x 10.0 20.0 Rubus idaeus Rubus baileyanis Minimum juice and/or purée content and Brix: (i) The latest Codex Alimentarius standards on fruit juices and nectars shall apply; or (ii) In the absence of any Codex Alimentarius standards, the manufacturer, packer or importer shall provide the Executive Officer in writing with substantive evidence of the Brix, acidity and pulp content of the standard strength fruit juice or purée concerned. - Not specified a - No data currently available. The minim Brix shall be calculated on the basis of the soluble solids content of the standard strength fruit juice or purée concerned as expressed from the fruit used to make the concentrate. b - Acid corrected as determined by the method for total titratable acids c - The product is ‘coconut water’ which is directly extracted from the coconut without expressing the coconut flesh. - 30 DRAFT TABLE 2 MINIMUM BRIX REQUIREMENTS FOR RECONSTITUTED VEGETABLE JUICE AND PURÉE, AND MINIMUM VEGETABLE JUICE AND/OR PURÉE CONTENT FOR VEGETABLE NECTARS Common name 1 Asparagus Aubergine (Eggplant) Beans (green) Beetroot (red) Carrot Cabbage Cauliflower Celery (leaves) Celery (root) Cucumber Endive Garlic Lettuce Mushroom Onion Parsley (leaves) Parsley (root) Peas (green) Pumpkin Radish Rhubarb Spinach Vegetables not specified above - Botanical name Minimum Brix for reconstituted vegetable juice and purée 3 2.9 Minimum juice and/or purée content (% by volume of ready-to-drink product) 4 2 Asparagus officinalis L. Solanum 4.6 melongena L. Phaseolus 5.0 vulgaris Beta vulgaris 3.0 25 Daucus carota 7.0 25 Daucus maxinus Brassica 3.9 oleraceae L. Brassica oleracea 3.8 Apium graveolens 2.1 L. Rapaceum Apium graveolens 6.0 L. Rapaceum Cucumis sativus 1.3 L. Cichorium endivia 2.0 Allium sativum 22.0 Lactuca sativa L. 2.0 Agaricus bisporus 2.8 Allium cepa L. 6.3 Petroselium 7.6 Crispum Nut Petroselium 9.0 Crispum Nut Pisum sativum L. 10.4 Spec. 4.7 25 Cucurbitaceae Raphanus sativus 3.0 L. Rheum 2.7 rhabarbarum L. Spinacia oleracea 2.4 Minimum juice and/or purée content and Brix: (i) The manufacturer, packer or importer shall provide the Executive Officer in writing with substantive evidence of the Brix, acidity and pulp content of the standard strength vegetable juice concerned. Not specified: For products containing these particular vegetables, a motivated submission shall be made in writing to the Executive Officer with regard to the formulation. - 31 DRAFT ANNEXURE A CALCULATION OF FRUIT JUICE CONTENT 1. Example 1: Formulating a 50% Mandarin Nectar at 12 Brix: FORMUL-TION (for 100 litres) SG Mandarin concentrate Sugar Water Brix TSS % g/L % Usage v/v (L) Total Mass kg TSS Contr. kg 1.3191 65 854.96 57 (b) 4.81 6.35 (a) 4.12 1.5552 100 1550.82 0 5.44 8.45 1.0000 0 0 0 89.86 89.86 0 0 Citric Acid Total Specifications of final product Acid (max) g/kg 1.04837 12 125.45 5.2 Acid Contr. kg Water % % Juice kg TSS @ SS 0.362 1.87 32.8% (d) 8.43 0.000 0.02 67.2% 0.00 0.000 89.86 0.18 0.18 0.00 0.183 0 100.29 104.84 (c) 12.55 0.545 91.75 100 104.84 12.545 0.545 91.75 (e) 50% 100% 2. Example 2: Formulating an Apple, Peach & Apricot Nectar Blend (ratio: 85%/9%/6%) FORMULATION (for 100 litres) SG Brix TSS % g/L Acid (min) g/kg % Usage v/v (L) Total Mass kg TSS Contr. kg Acid Contr. kg Water % % Juice kg TSS @ SS Peach Puree 1.13877 32 363.38 11 (b) 1.32 1.50 (a) 0.48 0.02 1.00 Apricot Puree 1.13877 32 363.38 39 (b) 0.88 1.00 (a) 0.32 0.04 0.64 3% Apple juice conc. 1.34998 70 942.31 25 (b) 4.84 6.53 (a) 4.56 0.16 1.81 41% Sugar 1.5552 100 1550.82 0 3.72 5.79 (d) 5.77 0.00 0.02 52% Water 1 0 0 0 89.36 89.36 0.00 0.00 89.36 0 0 0.11 0.11 0.00 0.11 0.00 100.23 104.29 (c) 11.13 0.33 92.83 100 104.29 11.13 0.33 92.83 Citric acid Total Specifications for final product 1.04294 10.7 111.28 3.2 4% 100% (e) 48.2% - 32 DRAFT Where: SG = Specific Gravity SS = Single strength TSS = Total Soluble Solids EXPLANATORY NOTES: 1. Example 1: Formulating a 50% Mandarin Nectar at 12 Brix - for 100L of final product Regulation requirements: Minimum 50% fruit juice content for a Mandarin Nectar. Use a 65 Brix Mandarin concentrate. (a) TSS contribution (a) Standard strength for Mandarin as per regulation R.286 of 7/11/1980: 8 Brix Relative density (SG) of 8 Brix: 1.03180 (IFU Table) Total Soluble Solids (TSS) of 8 Brix: 82.31 g/L (kg/m3) (IFU Table) Calculate TSS contribution in 100L → expressed as kg/100L TSS of 8 Brix (g/L) x 100 = 82.31 x 100 = 8.231 kg/100L 1000 1000 TSS contribution in a 50% nectar: 8.231 x 50 = 4.12 kg/100L 100 (b) Calculate concentrate equivalent (vol) at 65 Brix required for 100L of final product (b) TSS contribution of concentrate (kg) x 1000 = 4.12 x 1000 = 4.82L TSS of 65 Brix (g/L) 854.96 (c) Calculate TSS content of 100L final product at 12 Brix (in kg) (c) TSS of 12 Brix (g/L) x 100L = 125.45 x 100 = 12.545 kg/100L 1000 1000 (d) TSS contribution required from sugar (d) (c) – (a) 12.545 – 4.12 = 8.43 kg/100L - 33 DRAFT Volume and weight of sugar required can now be calculated as follows: (i) Volume: TSS contribution of sugar (kg/100L) x 1000 = 8.43 x 1000 = 5.44L TSS of sugar (g/L) 1.5552 (ii) Weight: % Usage (L) x SG of sugar = 5.44 x 1.5552 = 8.46 kg (e) Percentage (%) mandarin juice content at standard strength (e) TSS contribution from mandarin juice x 100 = 4.12 x 100 = 50.06% TSS content of 100L final product @ 8 Brix 8.23 2. Example 2: Formulating an Apple, Peach & Apricot Nectar Blend (ratio: 85%/9%/6% ratio) - for 100L of final product Regulation requirements: min juice content Apple 50% Peach 40% Apricot 35% min Brix 10.5 12 11 Calculate (a) minimum fruit juice content, and (b) minimum Brix required for the fruit nectar blend on weighted average: Fruit juice content Brix (i) Apple: 85 x 50 = 42.5% 100 85 x 10.5 = 8.9 100 (ii) Peach: 9 x 40 = 3.6% 100 9 x 12 = 1.08 100 (ii) Apricot: 6 x 35 = 2.1% 100 6 x 11 = 0.66 100 42.5 + 3.6 + 2.1 = 48.2% (min) 8.9 + 1.08 + .66 = 10.64 Brix (min) The rest of the calculations are in principle the same as illustrated for the Mandarin Nectar example. - 34 DRAFT ANNEXURE B CALCULATION OF MINIMUM BRIX REQUIRED Example A Product: Cranberry Nectar with a 30% juice content (ready-to-drink form) – Either unsweetened or artificially sweetened Requirements: Must contain minimum 20% juice at standard strength to be classified as a Fruit Nectar Minimum 7.5 oBrix at standard strength prescribed for a cranberry juice or sweetened cranberry nectar Calculation: 30 x 7.5 = 225 = 2.25 oBrix minimum in final product 100 1 100 Example B Product: Orange & Mango Nectar Blend (ready-to-drink form) – Either unsweetened or artificially sweetened 60% Orange 20% Mango Requirements: Minimum 8.6 oBrix at standard strength prescribed for an orange juice or sweetened orange nectar Minimum 12 oBrix at standard strength prescribed for a mango juice or sweetened mango nectar Calculation: 60 x 8.6 = 516 = 5.16 oBrix for orange 100 1 100 20 x 12 = 240 = 2.40 oBrix for mango 100 1 100 5.16 + 2.40 = 7.56 oBrix minimum on weighted average for the blend