GOVERNMENT NOTICE

DEPARTMENT OF HEALTH

No. R 2003

FOODSTUFFS, COSMETICS AND DISINFECTANTS ACT, 1972

(ACT NO. 54 OF 1972)

REGULATIONS RELATING TO THE FORTIFICATION OF CERTAIN FOODSTUFFS

The Minister for Health has, in terms of Section 15 (1) of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972), made the regulations in the Schedule.

SCHEDULE

DEFINITIONS

1. In these regulations any word or expression defined in the Act and not defined herein bears the same meaning as in the Act and unless the context otherwise indicates-

"Department" means the national Department of Health;

"diluent" means a suitable, inert, food-grade carrier for the micronutrients;

"electrolytic iron" means elemental iron powder as per specification in the latest edition of Food Chemical Codex;

"enrichment" means the addition of one or more nutrients to a foodstuff whether or not it is normally contained in a foodstuff with the sole purpose of adding nutritional value to the food;

"food vehicle" means dry and uncooked wheat flour, dry and uncooked maize meal and bread prepared with and containing at least 90% fortified wheat flour, excluding water

"fortificant" means the prescribed compound which provides the specified micronutrient;

"fortification mix" means a premixed blend of fortificants and diluents formulated to provide specified and determinable amounts of micronutrients;

"fortification" means the addition of one or more micronutrients by means of a fortification mix to a foodstuff whether or not it is normally contained in a foodstuff for the purpose of preventing or correcting a demonstrated deficiency of one or more nutrients in the general population or specific population group of South Africa as determined by the Department;

"maize meal" means all milled, uncooked maize products and includes super, special, sifted and un-sifted maize meal, but excludes samp, grits, maize rice; and maize flour

"micronutrient" means a natural or synthesised vitamin, mineral, or trace element that is essential for normal growth, development and maintenance of life and of which a deficit will cause characteristic biochemical or physiological changes;

"quality control" means the measures applied and the steps taken by a manufacturer of wheat and maize meal foodstuffs to ensure that the correct procedures are being followed and the set criteria are being met in administering fortificants to food vehicles

"SANAS" means the South African National Accreditation Services, a non-profit organisation registered in terms of section 21 of the Companies Act, 1973 (Act No. 61 of 1973) registration number No. 199600354/08;

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

"wheat bread" means all baked bread prepared with and containing at least 90% fortified wheat flour excluding water.

"wheat flour" means all milled, dry and uncooked wheat products with an ash content of more than 0.60% on a moisture-free basis but excludes crushed wheat, pearled wheat, semolina, wheat flour with an ash content of less than 0.60% on a moisture-free basis and self-raising flour.

GENERAL PROVISIONS

2. Any person who manufactures, imports, or sells foodstuffs identified as food vehicles which have not been fortified in accordance with these regulations, including the requirements specified in Annexure I, shall be guilty of an offence.
3. Any person who manufactures, imports or supplies a fortification mix for the purpose of these regulations, without being registered with the Department, including the requirements specified in Annexure II, shall be guilty of an offence.
4. A person desiring to manufacture, import or supply a fortification mix shall apply to the Director-General for registration by submitting the information specified in Annexure III.
5. The registration referred to in regulation 4 is valid for a period of one year.
6. Registered manufacturers, importers or suppliers of fortification mixes shall issue a certificate of compliance as indicated in Annexure IV.
7. Registered manufacturers, importers or suppliers of fortification mixes shall comply with the principles set out in Annexure II.
8. Manufacturers and importers of food vehicles-
   1. may only obtain the fortification mix from companies that have registered with the Department; and
   2. shall keep on record a certificate of compliance for every batch of fortification mix in the format specified in Annexure IV.

9. (a) The formulation of the fortification mix for wheat flour based on the micronutrient requirements specified in Annexure V, Table 4a shall be as follows:

1. Protected, stabilized Vitamin A palmitate containing 75 000 mcg RE activity per gram.

2. Retinol equivalents (RE) = 1 mcg retinol = 3.33 IU (International units) vitamin A

3. Elemental iron powder where more than 95% passes through a 325 mesh (< 45 microns particle size) made by an electrolytic process.

(b) The formulation of the fortification mix for maize meal based on the micronutrient requirements specified in Annexure V, Table 4b shall be as follows:

1. Protected, stabilized Vitamin A palmitate containing 75 000 mcg RE activity per gram
2. Retinol equivalents (RE) = 1 mcg retinol = 3.33 IU (International units) vitamin A
3. Elemental iron powder where more than 95% passes through a 325 mesh (< 45 microns particle size) made by an electrolytic process.

10. (a) Manufacturers, importers and suppliers of un-sifted maize meal may apply to the Director-General for special permission to use a fortification mix with a reduced level of electrolytic iron.

(b) Where special permission was granted in terms of paragraph (a), the formulation of the fortification mix for un-sifted maize meal based on the micronutrient requirements specified in Annexure V, Table 4c shall be as follows:

1. Protected, stabilized Vitamin A palmitate containing 75 000 mcg RE activity per gram.
2. Retinol equivalents (RE) = 1 mcg retinol = 3.33 IU (International units) vitamin A
3. Elemental iron powder where more than 95% passes through a 325 mesh (< 45 microns particle size) made by an electrolytic process.

(c) The fortification mix shall be used at an addition rate of 200 g per ton of food vehicle.

(d) The fortification of wheat flour containing wheat bran must allow for the addition of the fortification mix to the base flour (white bread flour) only.

11. (a) The final, minimum levels of micronutrients (fortification standards) in the fortified wheat flour at 14% moisture basis and wheat bread at 39% moisture basis shall be not less than the levels shown in Table 3 below and must be in accordance with Annexure VI, Tables 5a, 5b, 5c and 5d:

1 Retinol equivalents (RE) = 1 mcg retinol = 3.33 IU (International units) vitamin A

(b) The final, minimum levels of micronutrients (fortification standards) in fortified maize meal at 12.5% moisture basis shall be not less than the levels shown in Table 4 below and shall be in accordance with Annexure VI, Tables 6a, 6b, 6c and 6d:

1. Retinol equivalents (RE) = 1 mcg retinol = 3.33 IU (International units) vitamin A.
2. Where special permission was granted in terms of regulation 10, a lower iron content of 34.65 mg/kg is allowed.

   (c) The fortification standards referred to in Table 3 and Table 4 of these Regulations shall be the minimum micronutrient levels in uncooked wheat flour and uncooked maize meal when sampled at the point of manufacturing, importation or sale.

   (d) A sample of a fortified food vehicle, taken by an inspector in terms of the Act, shall be analysed for the amounts of nicotinamide / niacinamide, or riboflavin and retinol / vitamin A palmitate, and the results of such a sample shall be considered as representative of the standards prescribed by these Regulations in Table 3 and Table 4.

12. In addition to the Regulations Governing the Advertising and Labelling of Foodstuffs made under the Act, all food vehicles shall be labelled as follows:

1. the claim "enriched with" or "enriched" may only be used in addition to the word "fortified" on one label in cases where a micronutrient other than the specified fortificants is added to a food vehicle or in cases where at least 15% more than the prescribed amounts of fortificants are added to a food vehicle;
2. the claim "Fortified for better health" and the official fortification logo to that effect as indicated in Annexure VII are reserved only for food vehicles, that have been identified in these regulations and may be displayed on the label or in an advertising material;
3. any person who uses the official logo referred to in Annexure VII on labels or in advertising material for foodstuffs other than in accordance with these regulations or any other regulations made in terms of the Act, shall be guilty of an offence.
4. (i) the claim "Manufactured with fortified maize meal for better health" or "Manufactured with fortified wheat flour for better health", whatever the case may be, may be used for foodstuffs, other than food vehicles, prepared with and containing at least 90% of one or more of the identified food vehicles as ingredient, excluding water;

   (ii) a logo as indicated in Annexure VIII, may be displayed on the label or at the point of sale on a notice displayed in the direct vicinity of where the foodstuff referred to in subparagraph (i) is displayed on the shelf and within clear sight of the consumer;

5. minerals of the fortification mix shall-
   1. in the list of ingredients be identified individually by the compound names (electrolytic iron, zinc oxide);and
   2. indicate the elemental mineral in the table with nutritional information;
6. The nutritional information declaration as described in Annexure 2 of the Regulations Relating to the Labeling and Advertising of Foodstuffs shall be printed by the manufacturer on the back or side panel of food vehicles and those foodstuffs manufactured with fortified wheat flour or fortified maize meal in letters at least 1 mm in height for lower case letters, or a bigger letter size in the case of woven polypropylene packaging material, provided the information is easily legible;
7. The nutritional information declaration referred to in paragraph (f) as well as nutritional information relevant to the fortification specifications shall be declared per daily serving and per 100 g, provided that in the case of dry, uncooked wheat flour and dry, uncooked maize meal as purchased, the daily serving may be regarded as 100g;
8. Wherever the official logo is used, it shall be used in the format of either Annexure VII or Annexure VIII and shall be printed in a prominent position on the main panel in bold print against a contrasting or clear background on all types of packaging material. The logo shall be clearly visible, easily legible and indelible;
9. The official logo shall be a minimum size of 25 mm for paper and plastic packaging and a minimum size of 100 mm for woven polypropylene packaging;
10. The design of the logo shall be constructed as indicated in facsimile 1 in Annexure VII or Annexure VIII;
11. The logo may be printed in monochrome as per facsimile 1 in Annexure VII or Annexure VIII, or in any of the selected main colours of the packaging.
12. Where the full colour version of the logo is used, the following colours shall be used in accordance with facsimile 2 in Annexure VII or Annexure VIII:

Grass

Green 1 Pantone 390 (45c 100y)

Green 2 Pantone 349 (100c 100y 54k)

Orange 1 Pantone 123 (28m 100y)

Orange 2 Pantone 138 (53m 100y 8k)

Back female’s skirt, front female’s eyes x 2

Blue 1 Pantone 3015 (100c 40k)

Blue 2 Pantone 274 (100c 100m 30k)

Blue 3 Pantone 290 (10c)

Front female’s arms x 2, legs x 2, head :

Flesh Pantone 719 (15m 18y)

Male’s T-shirt

Yellow Process yellow (100y)

Brown Pantone 470 (56m 78y 40k)

Red Pantone 485 (100m 100y)

Black Process black

13. The Regulations on the Enrichment of Maize Meal, promulgated under Government notice No. R 2839 of 21 December 1979 are hereby repealed.

14. These regulations shall come into operation 6 months after the date of final publication.

Manufacturers of wheat flours and maize meals shall:

1. keep monthly records of the amount of fortification mixes used every month. These records shall correspond with the monthly production records;

2. ensure that fortification mixes are stored under the conditions laid down by the manufacturer;

3. ensure that strict stock rotation procedures are adhered to in order to prevent old stock losing potency and to comply with the shelf life expiry date;

4. ensure that all critical stages of the manufacturing process are monitored to ensure that the correct dosage levels are maintained through the following measures:

1. checking of fortification mix feeders at least once a day to ensure that they are delivering the correct dosage levels;
2. performing visual checks at least twice per shift to ensure that fortification mixes are being used and that no blockages have occurred and keeping record of this;
3. performing two-hourly spot checks to ensure that the product has been dosed correctly by determining one of the components of a fortification mix according to the appropriate analytical method.

Manufacturers, importers or suppliers of fortification mixes shall:

1. keep monthly records of the quantities of fortification mixes sold to wheat flour and maize meal manufacturers as well as a list of the names and addresses of the aforesaid purchasers;
2. ensure that the quality standard for diluents and fortificants, independently or mixed with a diluent shall be in accordance with the standards as determined in the latest edition of Food Chemicals Codex (FCC).
3. ensure that each batch of a fortification mix for the various vehicles complies with the fortification standards described in Tables 1, 2(a) and 2(b) of regulations 9 and 10 respectively;
4. submit one 500 g sample of a fortification mix every six months for each food vehicle to a laboratory that has accreditation for the methods of analysis as indicated by the fortification mix manufacturer, importer or supplier from SANAS or another international accreditation body; keep the analysis report on record and submit a copy of the report to the Director-General; and
5. bear the costs of the analysis mentioned in paragraph 4.

9. Are you a Medicines Control Council (MCC) registered facility?

10. Has the company been inspected by the Inspectors (appointed in terms of section 26 of the Medicines and Related Substances Act, 1965 (Act No 101 of 1965) Yes/No

11. If yes, mention the date of the last inspection:

12. Does your company have ISO certification? Yes/no

13. Does your company have HACCP accreditation? Yes/No

14. Do you have a Quality Control Laboratory? Yes/No

15. Of those ingredients used in the manufacturing of fortification mixes, indicate which ingredients are:

Self manufactured by your company in South Africa:

___________________________________________________

Imported from the mother company elsewhere in the world:

___________________________________________________

Acquired from outside the borders of South Africa:

___________________________________________________

Acquired in South Africa:

___________________________________________________

16. How long has the company been in the business of manufacturing or selling fortification mixes?

___________________(number) years

17. Specify the laboratory and methods* that will be used for the analyses of each of the micronutrients in the fortification mix:

Micronutrient	Laboratory	Analytical method
Vitamin A
Thiamine (Vit B1)
Riboflavin (Vit B2)
Niacin (Vit B3)
Pyridoxine (Vit B6)
Folic acid
Iron
Zinc

* Only accredited analytical methods for which an original certificate or certified copy from SANAS or another internationally accreditation body has been obtained and which are attached to the application (Annexure III) will be accepted.

1. Retinol equivalents (RE) = 1 mcg retinol = 3.33 IU (International units) vitamin A

2. Where special permission was granted for un-sifted maize meal, a lower electrolytic iron level of 89.2857 g/kg shall be used.

Facsimile 1 (Monochrome copy)

Facsimile 2 (Full colour copy)

Facsimile 1 (Monochrome copies)
Facsimile 2 (Full colour copies)