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Food labelling, ingredients and legislation
Helping you and your team to be compliant
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The UFS Food Labelling Guide 2012 is published by: Unilever South Africa (Pty) Ltd. 15 Nollsworth Crescent, La Lucia Ridge La Lucia Ridge Office Estate La Lucia 4051 www.ufs.com
Copyright Š 2012 This work is the property of Unilever South Africa (Pty) Ltd. This work is protected under the Berne Convention. In terms of the Copyright Act 98 of 1998, no part of this work may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system without permission in writing from Unilever South Africa (Pty) Ltd. Whilst every effort has been made to ensure that the information published in this work is accurate, Unilever South Africa (Pty) Ltd, the editors, publishers and printers take no responsibility for any loss or damage suffered by any person as a result of the reliance upon the information contained therein.
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Chapter 1 The Consumer Protection Act
The Consumer Protection Act The Consumer Protection Act 68 of 2008 (the CPA) is the first act in South Africa aimed at providing comprehensive protection to consumers. The CPA equips consumers with nine fundamental rights and clearly defines the responsibilities of suppliers of goods or services. This guide attempts to highlight provisions included in the CPA that will have an impact on your business.
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When does the CPA apply? The CPA has an extensive application and applies to:
Who is a ‘Consumer’? Every transaction (as defined)
The term ‘Consumer’ includes persons: • To whom goods or services are marketed.
that occurs within the Republic of South Africa
for the supply of goods or services
• Who have entered into transactions with suppliers. • The end-users of particular goods or recipients/beneficiaries of services. • A franchisee in a franchise agreement.
in the ordinary course of business of the supplier
Although the definition of ‘consumer’ is broad, it is subject to certain exclusions.
unless it is specifically exempted
Who is a ‘Supplier’? ‘Supplier’ means a person who markets any goods or services.
One such exemption where the CPA will not apply is where the consumer in a transaction is a juristic person whose annual turn over or asset value exceeds R 2 million, however the liability provision of the CPA will still apply in this instance.
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What are ‘Goods’? ‘Goods’ includes anything marketed for human consumption. Thus, subject to certain exceptions, on a day to day basis, your business’s interactions and transactions with consumers will be subject to the provisions of the CPA.
Chapter 1 The Consumer Protection Act
Important provisions of the CPA It is important to remember when considering the specific provisions of the CPA that its primary objective is to protect the interests and safeguard the rights of consumers. Provision is made for the following consumer rights in the CPA: the right to equality in the consumer market; the right to privacy; the right to choose; the right to disclosure and information; the right to fair and responsible marketing; the right to fair and honest dealing; the right to fair, just and reasonable terms and conditions; the right to fair value, good quality and safety and the supplier’s accountability to consumers.
The right to fair and responsible marketing: You may not promote or market your meals in a way that is misleading or deceptive to the consumer or guest. Example: Describing your meat as Grade A quality beef when it is in fact not Grade A or misleading your guests regarding the origin of your ingredients (e.g. Mozambican prawns when they are in fact from Durban).
The right to fair value, good quality and safety: The CPA provides the right to safe, good quality goods, and imposes an obligation on a supplier to ensure that there are adequate warnings concerning the fact and nature of risks associated with goods. Example: Claims could arise due to lack of warning of allergens on menu descriptors; if the consumer is not adequately warned that the menu items contains nuts and the consumer suffers an allergic reaction to nuts. 11
Product liability The CPA provides that the producer, importer, distributor and retailer are all jointly and severally liable for any harm to a consumer caused wholly or partly as a consequence of: • Supplying any unsafe goods; (this could include meals that are prepared for a consumer in your kitchen). • Inadequate instructions or warnings provided to the consumer pertaining to the goods; irrespective of whether or not negligence can be attributed to the particular supplier. (This is why it is advisable to keep a list of ingredients and allergens (nuts, seafood etc) should your guest request this).
No fault liability
What does a consumer
A consumer may now hold any member of the supply chain (i.e. the producer, importer, distributor or retailer) liable for any harm whether or not they were negligent. Should a consumer fall ill after eating in your establishment, you could be liable for harm if the consumer can prove it, even though the harm may not have arisen due to any fault of your own.
need to prove? Although a consumer will no longer need to prove negligence, they will still have to prove the following to succeed with their claim for damages; product was unsafe, or the consumer suffered harm as a result of the unsafe goods.
What harm can a person be liable for? Harm for which a person may be held liable under the CPA includes the death of, or injury to, any natural person. For example, claims for liability could arise from consumers having allergic reactions to ingredients of which the consumer was not adequately warned, the use of foreign objects in food products and food poisoning.
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Chapter 1 The Consumer Protection Act
What can businesses do to protect themselves? • Purchase your ingredients from credible suppliers that practice safe manufacturing and comply with food labelling legislation. • Store your food ingredients safely and according to instructions on pack. • Never use food ingredients that have passed their expiry date. • Practice stock rotation. • Destroy expired food ingredients in a responsible manner. • Accurately label your menu descriptors. • Ensure you can present your guest with a list of allergens and additives if requested.
Visit the following websites for more details www.info.gov.za www.restaurant.org.za/pdf/A_Guide_To_ The_Consumer_Protection_Act.pdf www.eldin.co.za
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Data sources The Consumer Protection Act South African Government Online, 2012. What is the Consumer protection Act. [Online] http:// www.info.gov.za [Retrieved on 10 October 2012]
http://eur-lex.europa.eu/LexUriServ/LexUriServ. do?uri=OJ:L:2008:354:0016:0033:en:PDF COMMISSION REGULATION (EU) No 1129/2011 of 11 November 2011 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council by establishing
Eldin Food Consulting, 2012. Your Specialist in
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Storage Colorado State University-Extension, 2012.Food Storage for Safety and Quality. [Online] http:// www.ext.colostate.edu/pubs/foodnut/09310.htm [Retrieved 04 December 2012] Clemson University Cooperative Extension Service and Oregonian Food Day, 2012. Food Storage Chart - Food Storage Guidelines – Shelf Life of Food - Refrigerator & Freezer Storage Chart. [Online] http://whatscookingamerica.net/
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Storage continued... Answers Corporation, 2012. Is it safe to eat expired canned food? [Online] http://wiki.answers.com/Q/ Is_it_safe_to_eat_expired_canned_food [Retrieved 04 December 2012] University of Nebraska-Lincoln, 2012. Refrigerated and Freezer Storage. [Online] http://food.unl.edu/ web/safety/refrigerator-freezer. [Retrieved 04 December 2012] State Government of Victoria, 2012. Food safety – storage. [Online] http://www.betterhealth.vic.gov.au/ bhcv2/bhcarticles.nsf/pages/Food_safety_storage. [Retrieved 04 December 2012] Still Tasty, 2012 . Three ways to defrost food safely. [Online] http://www.stilltasty.com/articles/view/9. [Retrieved 05 December 2012] Favorite Freezer Foods, 2008-2011. Can you refreeze food that thawed? [Online] http://www. favoritefreezerfoods.com/refreeze-food.html [Retrieved 05 December 2012] State Government of Victoria, 2012. Food safety when cooking. [Online]. http://www.betterhealth. vic.gov.au/bhcv2/bhcarticles.nsf/pages/Food_safety_ when_cooking. [Retrieved 05 December 2012] CBS Interactive, 2012. How long does fresh fish keep in the fridge? [Online] http://chowhound. chow.com/topics/276180 [Retrieved 05 December 2012]
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