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SUMMARY OF COMMENTS RECEIVED: PROPOSED DRAFT REGULATIONS FOR COFFEE, CHICORY AND RELATED PRODUCTS INTENDED FOR SALE IN THE REPUBLIC OF SOUTH AFRICA

[Request for comments on 30 August 2019; Due date: 30 September 2019]

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Regulation STAKEHOLDER COMMENTS JUSTIFICATION DAFF COMMENTS1 Header Please correct the spelling of AGRICULTURAL in the

header below;ACRICULTURAL PRODUCT STANDARDS ACT, 1990

Incorrect spelling Noted, thank you.

General The scope to be limited to Roasted Coffee Beans, Ground Coffee, Instant coffee, coffee mixtures and coffee extracts (as per proposed Table 1 below).

We have consulted legislation from other countries and regions, as well as ISO standards, and none of these have requirements for what is referred to in these Draft Regulations as “Premix Coffee”. We therefore recommend that we align to the global approach in this regard.

Noted. The ‘Premix coffee’ category in the existing draft is based on the Malaysian standards as well as on the products that are currently available on the South African market.However, stakeholders are invited to indicate to this office whether the category “Premix coffee in powder form” should be retained or not.

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16(2)(e)

22(2)(a)(ii)

Definition of various dates includes “best quality before date” and “expiration date” in addition to those already prescribed in R146/2010 (as amended). Remove as they conflict

“Best before” may be defined in these Regulations to mean “best quality before” and “use by” as the equivalent of the “expiration date”, thus avoiding conflict with R146/2010 and confusion in the industry

All the date markings definitions have been aligned with the latest Codex General Standard for the Labelling of Pre-packaged Foods (CXS 1-1985, as last amended in 2018). Regulation R.146 dated 1 March 2010 of the Department of Health on the other hand, has unfortunately not been amended in line with the latest Codex standards.The definitions will therefore be retained as is.

2 Definition:“batch”

Please remove “and not exceeding 24 hours” from the definition below;

"batch" means a definite quantity of coffee, chicory or related products produced essentially under the same conditions, and not exceeding 24 hours;

Amended definition to read as follows:"batch" means a definite quantity of coffee, chicory or

A single batch may exceed 24 hours. Since the definition is aligned with the existing regulation R.146 dated 1 March 2010 (labelling and advertising of foodstuffs regulations) of the Department of Health, it will be retained as is.

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Regulation STAKEHOLDER COMMENTS JUSTIFICATION DAFF COMMENTSrelated products produced essentially under the same conditions;

2 "best before date" or "best quality before date" means the date which signifies the end of period under any stated storage conditions during which the unopened product will remain fully marketable and will retain any specific qualities for which implied or express claims have been made, however, beyond the date the food may still be acceptable for consumption;

The wording date must be removed as this can be misleading to the consumer.

This definition must be clear about what is meant and what it applies to. In the newly numbered regulation 24(2)(a) under the marking requirements the wording “best before” or “best quality before” only is prescribed, i.e. the word “date” does not form part thereof. The definition will therefore be retained as is.

2 Definition:“best before date”

Please insert “but without any implied or express claims being made in respect of product beyond the end of such period” at the end of the definition below;

"best before date" or "best quality before date" means the date which signifies the end of period under any stated storage conditions during which the unopened product will remain fully marketable and will retain any specific qualities for which implied or express claims have been made, however, beyond the date the food may still be acceptable for consumption;

Amended definition to read as follows:"best before date" or "best quality before date" means the date which signifies the end of period under any stated storage conditions during which the unopened product will remain fully marketable and will retain any specific qualities for which implied or express claims have been made, however, beyond the date the food may still be acceptable for consumption, but without any implied or express claims being made in respect of product beyond the end of such period;

Product may still be acceptable for consumption beyond its best before date however any implied or express product claims will no longer remain valid.

All the date markings definitions have been aligned with the latest Codex General Standard for the Labelling of Pre-packaged Foods (CXS 1-1985, as last amended in 2018). Regulation R.146 dated 1 March 2010 of the Department of Health on the other hand, has unfortunately not been amended in line with the latest Codex standards.The proposed definition will therefore be retained as is.

Definition: Chicory

Reword as follows:Means powder obtained by roasting and grinding the cleaned and dried roots of Cichorium intybus L. usually used for the preparation of beverages.

For ease of reading the regulations, all definitions should be fully written out in the DEFINITIONS sections and not refer to different sections of the regulations.

Furthermore, the proposed definition is based on the definition from the

In agreement. The definition will be amended as suggested.

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Regulation STAKEHOLDER COMMENTS JUSTIFICATION DAFF COMMENTSEuropean Union Directive 1999/4/EC in order to ensure alignment to internationally accepted definitions and requirements to prevent technical barriers to trade.

2 Definition "chicory" means the product defined in regulation 10;"coffee" means the products defined in regulations 4 and 5;"related products" means the products defined in regulations 6 to 9 and 11 to 14;

In the definition the wording must be clarified to always refer in detail to the prescribed description.

Noted. The definitions have been revised.

Definition: Chicory

Reword as follows:Means powder obtained by roasting and grinding the cleaned and dried roots of Cichorium intybus L. usually used for the preparation of beverages

For ease of reading the regulations, all definitions should be fully written out in the DEFINITIONS sections and not refer to different sections of the regulations.

Furthermore, the proposed definition is based on the definition from the European Union Directive 1999/4/EC in order to ensure alignment to internationally accepted definitions and requirements to prevent technical barriers to trade.


Definition: coffee

Reword as follows:Fruits and seeds of plants of the genus Coffea and their products in different stages of processing and use intended for human consumption.

As based on the definition from ISO 3509:2008 in order to ensure alignment to internationally accepted definitions and requirements to prevent technical barriers to trade.


Definition: Coffee Mixture

Add this in the definitions sections:Means a product that consists of instant coffee and chicory, intended to be dissolved in hot water to deliver a ready-to-drink coffee beverage.

To ensure that all definitions are kept in the DEFINITIONS section for ease of reading, rather than in the body of the regulations. Further elaboration for the inclusion of this definition is set out in the notes to Table 1 below.

If a definition for ‘coffee mixture’ is added, it will imply that the other categories also need to be defined. This office therefore took a decision that only “coffee”, “chicory” and “related products”, as per the title of the proposed regulations, will be included in the definitions under regulation 1.

Definition: Cold brew

Delete Coffee-making processes and related standards differ from region to region, and may change with changing technologies and consumers preferences. The definition provided in the draft regulations applies to one technique of brewing and does not cater for alternative processes. This is a technical barrier to trade.

The definition has rather been amended to also make provision for the use of any other methods which may result in a similar product.

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Regulation STAKEHOLDER COMMENTS JUSTIFICATION DAFF COMMENTS2 Definition:

“dark roast”Please insert “or without” to the definition below;"dark roast" means the whole green (raw) coffee beans

have been roasted to a dark (sometimes almost black) colour with visible oil on the surface of the beans;

Amended definition to read as follows:"dark roast" means the whole green (raw) coffee beans

have been roasted to a dark (sometimes almost black) colour with or without visible oil on the surface of the beans;

Darker roasts typically have oil visible on the surface of the bean however the amended definition also caters for scenarios where there is little to no oil visible on the surface of the bean after roasting.

Roast colour profiles differ from country to country with no internationally accepted standard or reference. Roast intensities that fall within the four categories of Light, Medium, Medium-dark and Dark roast may differ depending on the specific flavour profile required.

This office agrees with the justification provided and the definition will therefore be amended as proposed.

Definition: dark roast

Delete Roasting processes and standards differ from region to region, and may change with changing technologies and consumer preferences. The definition provided in the draft regulations applies to sensory attributes, which are not possible to standardise, unless based on an internationally accepted standard.It is, therefore, our view that such definitions create technical barriers to trade and will stifle innovation.

The term “dark roast” is used in the text and must be defined. In this office’s considered opinion, the definition will not create any technical barriers to trade and will therefore be retained as is.

Definition: Decaffeinated coffee

Reword as follows:Means coffee from which caffeine has been removed by extraction

As based on the definition for decaffeinated coffee in ISO 3509:2008 in order to align with international definitions and avoid technical barriers to trade.

This definition has been deleted. This office has taken a decision that only “coffee”, “chicory” and “related products”, as per the title of the proposed regulations, will be included in the definitions under regulation 1.

2 1 Include definition for full roast – means the whole green (raw) coffee beans that have been roasted to a rich, darker colour with some oil beginning to show on the surface of the beans

Noted. However, ‘full roast’ is not currently used in the text. The claim ‘rich’ is also very subjective and will be difficult to define.

3Definition

"food additive" means a permitted food additive as defined in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);

The word permitted food additives must may be added as per R146.

The definition was revisited and revised. The word “permitted” now also forms part of the definition.

Definition Freeze dried This process would need to be defined as the end product can be granules. This will

Noted. A definition has been added in line with the East African standard for “Coffee

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Regulation STAKEHOLDER COMMENTS JUSTIFICATION DAFF COMMENTSchange the class name or descriptions of products to claim the process as well.

and its products – Glossary terms”.

2 Definition:“foreign matter”

Amendment required to differentiate between authorised and non-authorised substances.

"foreign matter" means any material which is not normally present in coffee, chicory or related products;Amended definition to read as follows:"Foreign matter" means any extraneous material which is not normally present in coffee and chicory products, and does not include the presence of permitted additives and foodstuffs.

The original definition is rather vague and fails to differentiate between authorised substances and non-authorised substances that are not “normally” present in coffee and chicory products.

The definition will be amended to read as follows and to provide more clarity:

"Foreign matter" means particles of any size (mineral, animal or plant origin) not originating from the coffee fruit or bean, or from chicory, but excludes the presence of food additives and/or foodstuffs when allowed for in certain categories of coffee, chicory and related products;

Definition: foreign matter

Reword as follows:Particles of any size (mineral, animal, or plant) not originating from the coffee fruit/bean or chicory powder.

The proposed definition is based on ISO 3509 to encourage use of internationally accepted definitions to prevent technical barriers to trade.

Noted, thank you. The definition has been revised as indicated directly above.

Definitions:The definition for French roast should be included/ added.

It is a widely used product in SA. The newly numbered regulation 22(2) in the draft regulations makes provision for the use of names or descriptions used to describe the style of roast of the coffee beans. This includes examples such French roast, Brazilian roast, Italian roast, Cinnamon roast, etc.

If French roast is defined, Brazilian roast, Italian roast, Cinnamon roast, etc. will also have to be defined. Since there are various styles of roast, it will in this office’s opinion not be feasible to attempt to include a definition for each such style.

Definition: Green coffee bean

Reword as follows:Green (raw) coffee beans Means the dried seeds of the coffee plant, separated from non-food tissues of the fruit.

The one definition we have found for green coffee bean is found in the Codex Code of Practice for the Prevention and Reduction of Ochratoxin A in coffee (CAC/RCP 69-2009). This is an internationally accepted standard. We therefore propose that the definition used in the draft regulations be aligned to such a standard so as to avoid technical barriers to trade.

Noted, thank you. The definition has been revised.

Definition: Add this in the definitions section: To ensure that all definitions are kept in This office has taken a decision that only

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Regulation STAKEHOLDER COMMENTS JUSTIFICATION DAFF COMMENTSGround Coffee

Means a product obtained by grinding roasted coffee beans

the DEFINITIONS section for ease of reading, rather than in the body of the regulations.In addition, we propose that the definition from ISO 3509:2008 be adopted to ensure alignment with internationally accepted definitions and prevent technical barriers to trade.

“coffee”, “chicory” and “related products”, as per the title of the proposed regulations, will be included in the definitions under regulation 1.

Definition: Instant Coffee

Add this in the definition section:Means dried, water soluble product (free-flowing powder or granules) derived from aqueous extracts of roasted and ground coffee, having the colour, taste and flavour characteristics of coffee.

To ensure that all definitions are kept in the DEFINITIONS section for ease of reading, rather than in the body of the regulations.

This office has taken a decision that only “coffee”, “chicory” and “related products”, as per the title of the proposed regulations, will be included in the definitions under regulation 1.

Definition Definition of Instant The definition of instant must be given to not interpret the wording in the wrong manner.

Not necessary since the term is clearly understood within the context of the products being regulated.

Definition: Light roast

DeletePlease see our comment relating to the definition for “dark roast”.

The term “light roast” is used in the text and must be defined. In this office’s considered opinion, the definition will not create any technical barriers to trade and will therefore be retained as is

2 Definition:“medium-dark roast”

Please insert “or without” to the definition below;

"medium-dark roast" means the whole green (raw) coffee beans have been roasted to a rich, dark colour with some oil beginning to show on the surface of the beans;

Amended definition to read as follows:"medium-dark roast" means the whole green (raw) coffee beans have been roasted to a rich, dark colour with or without some oil beginning to show on the surface of the beans;

Darker roasts typically have oil visible on the surface of the bean however the amended definition also caters for scenarios where there is little to no oil visible on the surface of the bean after roasting.

Roast colour profiles differ from country to country with no internationally accepted standard or reference. Roast intensities that fall within the four categories of Light, Medium, Medium-dark and Dark roast may differ depending on the specific flavour profile required.

This office agrees with the justification provided and the definition will therefore be amended as proposed.

Definition: medium-dark roast

Delete The term “medium-dark roast” is used in the text and must be defined. In this office’s considered opinion, the definition will not create any technical barriers to trade and will therefore be retained as is.

Definition: Delete The term “medium roast” is used in the text

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Regulation STAKEHOLDER COMMENTS JUSTIFICATION DAFF COMMENTSmedium roast

and must be defined. In this office’s considered opinion, the definition will not create any technical barriers to trade and will therefore be retained as is.

Definition:“sweeten”

Please insert the definition for “Sweeten” as per recommendation below:“Sweeten” means to impart a sweet taste through the use of added sugar and permitted sweeteners as defined in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972.Sweetened has a corresponding meaning.

A clearly defined term would prevent misinterpretation.

‘Sweeten’ is not currently used in the text and need therefore not be defined. A definition for “sweetener” has, however, been added under regulation 1.

3 Definition "the Act" means the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990); and Please remove the word and or add

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

Do not agree. These proposed regulations will be published under the Agricultural Product Standards Act, 1990. The Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972) on the other hand is administered by the Department of Health.

3 Definition:“use by date”

Please insert “/or” to the definition below;

"use by date" or "expiration date" means the date which signifies the end of the period under any stated storage conditions, after which the product should not be sold or consumed due to safety and quality reasons

Amended definition to read as follows:"use by date" or "expiration date" means the date which signifies the end of the period under any stated storage conditions, after which the product should not be sold or consumed due to safety and / or quality reasons

The product may still be safe for consumption however deterioration in quality may result in an unpalatable product. The one does not automatically follow the other.

All the date markings definitions have been aligned with the latest Codex General Standard for the Labelling of Pre-packaged Foods (CXS 1-1985, as last amended in 2018).It must also be kept in mind that these definitions have only been added for the purpose of traceability – please refer to the newly numbered regulation 24.

The proposed definition will therefore be retained as is.

1 "use by date" or "expiration date" means the date which signifies the end of the period under any stated storage conditions, after which the product should not be sold or consumed due to potential safety and quality reasons; and

Codex“Use-by Date” (Recommended Last Consumption

Date, Expiration Date) means the date which signifies the end of the estimated period under any stated storage

Consumers may freeze products prior to the Use by date, and consume product post the Use by date.

Either amend, or use the Codex definition

Please refer to the response directly above.

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Regulation STAKEHOLDER COMMENTS JUSTIFICATION DAFF COMMENTSconditions, after which the product probably will not have the quality attributes normally expected by the consumers. After this date, the food should not be regarded as marketable.

Definition: Roasted coffee bean

Add this in the definitions section:Means product obtained by roasting green coffee

To ensure that all definitions are kept in the DEFINITIONS section for ease of reading, rather than in the body of the regulations.


Definition: roasting

Reword as followsHeat treatment that produced fundamental chemical and physical changes in the structure and composition of green coffee, bringing about darkening of the beans and the development of the characteristic flavour of roasted coffee.

Apply definition from ISO 3509:2008 to ensure alignment with internationally accepted definitions and requirements and prevent technical barriers to trade.

Noted, thank you. The definition has be revised.

What is the minimum % coffee a product needs to contain to fall within the scope of these regulations

This office is aware that there are currently products on the market that contain less than 50% Coffee (ground coffee or coffee powder). It will however be misleading to continue to present such products as “Coffee and chicory” or “Coffee and chicory mixture”, or just as instant coffee.

Another category has therefore been included, namely “Chicory and coffee mixture”. This category will then also be subject to the requirement in the newly numbered regulation 21(1).

Coffee capsules and pods – where will this be classified – would the coffee in a capsules need to be graded

Reg 2 (1) (a) – (e)

Propose that this section be reworded as follows:No person shall, subject to the provisions of sub-regulation (2), sell coffee, chicory and related products in the Republic of South Africa unless –

it is sold according to the categories listed in Table xx (correct table number to be reflected);

Please see comments and justification with regard to regulation 3 below.

Many of the requirements proposed in the standards for each category in the first draft regulation have been deleted. Subsequently a Table was not included under regulation 3 as proposed.

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Regulation STAKEHOLDER COMMENTS JUSTIFICATION DAFF COMMENTS it complies with the standards prescribed for

each category referred to Table xx; the containers in which it has been packed

comply with the requirements referred to in regulation 15;

it is marked in the manner and with the particulars referred to in regulations 16 and 22; and

it has not been marked with any restricted particulars or in a manner which is prohibited in terms of regulation 23.

3 2 (3) (b) Clarity is required as to whether pre-packed coffee, chicory and related products which are sold to the Out of Home Industry (restaurants, hotels, coffee shops) are exempt from regulation 2 (1) as per the regulation extract below.

(3) The restrictions in sub-regulation (1) shall not apply to the sale of – (b) coffee, chicory and related products that are in the course of a business prepared and served on the premises in the ready-to-drink form to the consumer at e.g. a restaurant, coffee shop, club, canteen, a fixed or mobile stall, etc.; and

Regulation (2)(1)2. (1) No person shall, subject to the provisions of sub-regulation (2), sell coffee, chicory and related products in the Republic of South Africa unless –(a) it is sold according to the categories referred to in regulation 3;(b) it complies with the standards prescribed for each category referred to in regulations 4 to 14;(c) the containers in which it has been packed comply with the requirements referred to in regulation 15;(d) it is marked in the manner and with the particulars referred to in regulations 16 to 22; and(e) it has not been marked with any restricted particulars or in a manner which is prohibited in terms of regulation 23.

Pre-packed coffee, chicory and related products which are sold to restaurants, hotels, coffee shops, etc. are not exempt from the proposed regulations.

However, coffee, chicory and related products which are prepared and served in the ready-to-drink form on the premises of the Out of Home Industries are exempt.

3 2 (3) (c) Please advise the compositional difference between the coffee category “premix coffee in powder form” (Regulation 14) and premix powders referenced below?

Please provide clarity on why premix powders that are presented for sale to the consumer at Out of Home Industry (restaurants, hotels, coffee shops) and retail outlets are exempt from these regulations.(3) The restrictions in sub-regulation (1) shall not apply to the sale of – (c) products based on coffee, chicory and related

Definition for “premix coffee in powder form” is as follows:14. Premix coffee in powder form –(a) shall consist of Instant coffee (soluble coffee extracts) or Instant coffee and chicory extract mixed with sugar and/or non-nutritive sweeteners and/or milk powder and/or creamer; and(b) is intended to be dissolved in hot water to deliver a ready-to-drink coffee beverage

The difference is as follows:1) Premix coffee in powder form (newly

numbered regulation 16):This includes the so called ‘ready mix’ or 3-in-1 type products packed and presented for sale in sticks. These products consist of various combinations of the main ingredients, e.g.- Instant coffee + sweetener/sugar +

milk powder/ whitener

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Regulation STAKEHOLDER COMMENTS JUSTIFICATION DAFF COMMENTS

products, either in the ready-to-drink (hot or cold) or a premix powder form, that are presented for sale to the consumer at e.g. a restaurant, coffee shop, retail outlet, etc. under a specific designation or variant name based on its composition such as, but not limited to “Cappuccino”, “Cafe latte”, “Mocha”, “Macchiato”, etc.

The above definition is quite inclusive and may include products that are referenced in 2 (3) (c) and which are exempt from complying with this regulation.

- Instant coffee + milk powder/ whitener

- Instant coffee + sweetener/sugar- Etc.The intended/ end use is similar to how consumers would usually enjoy a regular cup of coffee with added milk and/or sugar/sweetener.

2) Premix products in powder form exempt under regulation 2(3)(c):This refers to products packed and presented for sale in e.g. sticks under a specific designation such as e.g. Cappuccino, Café latte, etc..

Reg 3 Delete this regulation and put the categories in a table format as per proposed Table 1 below.

The same approach (which we are proposing) is used in the Regulations Relating to Dairy and Imitation Dairy Products (R260). The aim is to ensure alignment with existing legislation.

Many of the requirements proposed in the standards for each category in the first draft regulation have been deleted. Subsequently a Table was not ncluded as proposed.

Reg 4 (1) (a) and (b) and Regulation 4 (2)

Delete these regulations and move the definition for roasted coffee bean to the DEFINITIONS sections as proposed above.

All definitions should be in the DEFINITIONS section for ease of reading, rather than in the body of the regulations.


Reg 5 to 14 Delete these regulations The same approach (which we are proposing) is used in the Regulations Relating to Dairy and Imitation Dairy Products (R260). The aim is to ensure alignment with existing legislation.

Many of the requirements proposed in the standards for each category in the first draft regulation have been deleted. Subsequently a Table was not included as proposed by the stakeholder.

4 5(1)(a) (a) consist of roasted coffee beans that have been ground so as to be suitable for making an infusion or decoction;

Infusion and decoction must be defined in the definition.

Both the words ‘infusion’ and ‘decoction’ are commonly used terms that are clearly defined in the Oxford English Dictionary. The inclusion of definitions for these words is therefore not necessary.

4 5.(1) (a) (b) consist of roasted coffee beans and seeds that have been ground so as to be suitable for making an infusion or decoction;

The word seeds must be added to clarify the base of the plant used.

The definition for ‘green coffee beans’ already refers to dried seeds and it is therefore not necessary to again include/ repeat the wording ‘and seeds’ as proposed.

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Regulation STAKEHOLDER COMMENTS JUSTIFICATION DAFF COMMENTS4 5 (1) (b)

Ground coffee

Please amend the regulation below;

5.(1)Coffee (ground coffee or coffee powder) shall – (b) be free from husks and any other foreign matter;

Amended regulation to read as follows:5.(1)Coffee (ground coffee or coffee powder) shall – (b) contain less than 1% foreign matter which may include the presence of coffee bean husks.

It is physically impossible to remove all foreign matter, including coffee bean husks.

Noted. The requirement will be adjusted as proposed.

4 5 (1) (c)

Ground coffee

Please delete the regulation below:

5.(1)Coffee (ground coffee or coffee powder) shall – (c) be free from any artificial colouring and flavouring;

Colourants are not permitted in Coffee and Instant Coffee products as per the Dept. of Health Colourant regulations.

It is clear that flavourings are permitted in coffee products as indicated further on in the regulations, however flavourings can only be declared as such on the label and cannot be further qualified as natural, nature identical etc. as per the Dept. Health Labelling regulations.

Noted. Regulation 5(1)(e) has been amended to instead read that no food additives (which include colourants and flavourings) may be added to ground coffee.

4 5 (1) (h)

Ground coffee


5.(1)Coffee (ground coffee or coffee powder) shall – (h) have an anhydrous caffeine content of 2.8 to 5.0 percent.

Caffeine content varies dramatically across coffee bean varieties. Other factors that influence the variation in caffeine content of coffee include geographical location, environmental conditions and roast profile applied.

There is no global standard for the caffeine content of ground coffee. Requirements differ from country to country.

Based on the motivation provided, the provision has been removed.

5 5(1)(f)

6.(2)

(f) contain no chicory, added permitted food additives or foodstuffs;

(2) Instant coffee (soluble coffee extracts) may contain permitted food additives limited to processing aids and preservatives permitted for in terms of the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972).

The word permitted food additives must/ may be added as per R146.

The definition for ‘food additive’ has been revised and now includes the word ‘permitted’. It is therefore not necessary to repeat the word ‘permitted’ when the wording ‘food additives’ is used in the rest of the text.

4 - 5 5 (2) Please delete the regulation and corresponding table below;

There is no global standard for ground coffee particle size requirements – differs

This office does not agree with the second justification provided since ground coffee or

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Regulation STAKEHOLDER COMMENTS JUSTIFICATION DAFF COMMENTSGround coffee

5 (2) The particle size of Coffee (ground coffee or coffee powder) shall be graded as extra fine, fine, medium and coarse in accordance with the specifications in Table 1:

from country to country.

Coffee particle size requirements are based on the brewing technique/equipment recommended and determined by the manufacturer.

coffee powder merely refers to the roasted coffee beans that have been ground. The particle size in this instance can therefore not be dependent on the “brewing technique/ equipment recommended and determined by the manufacturer” as stated.

Since there is no global standard for ground coffee particle size requirements, Table 1 has been removed.

6 6 (1) (d)

Instant Coffee


6. (1) Instant coffee (soluble coffee extracts) shall – (d) contain at least 2.25 percent of anhydrous caffeine derived from coffee; and


There is no global standard for the caffeine content of the various coffee types. Requirements differ from country to country.


5 6.e Remove 30 seconds Not necessary for time to be stipulated In agreement. The requirement has been removed.

5 Table 1 Grading of ground coffee or powdered coffee A grade must be stated for granular texture. Or coarse must be defined in the regulations.


5 Table 1Grade Maximum

percent by mass retained on a 710 micron sieve

Maximum percent by mass retained on a 500 micron sieve

Maximum percent by mass passing through a 355 micron sieve

Extra fine 5 10 ˃50

The particle size of coffee must be defined on what standard of sieves are used to determine the retention of the granules.


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Regulation STAKEHOLDER COMMENTS JUSTIFICATION DAFF COMMENTSFine 10 15 50

Medium 20 20 30

Coarse 30 25 15

6 7 (1) Decaffeinated coffee and Decaffeinated instant coffee7. (1) The removal of caffeine from whole green (raw) coffee beans shall be achieved by any suitable means and may include the use of extraction solvents permitted for in terms of the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972).

(2) Decaffeinated coffee shall –(a) consist of freshly roasted decaffeinated whole green (raw) beans that have been ground to deliver a product similar to Coffee (ground coffee or coffee powder); and

(b) not contain more that 0.1 percent of anhydrous caffeine.

(3) Decaffeinated instant coffee shall –(a) consist of the dried soluble solids obtained from water extraction of freshly roasted decaffeinated whole green (raw) beans to deliver a product similar to Instant coffee (soluble coffee extracts); and

(b) not contain more that 0.3 percent of anhydrous caffeine.

2006 request to DoH to amend FCD coffee regEuropean coffee manufacturers are bound by Directive 1999/4/EC of the European Parliament and the Council of February 1999 relating to coffee extracts and chicory extracts. This directive stipulates that in instant decaffeinated coffee “the anhydrous caffeine content does not exceed 0,3% by weight of the coffee - based dry matter”.

Whilst decaffeinated ground coffees (filter coffee) can achieve the level of 0.1 % caffeine stipulated in the South African regulation, instant decaffeinated coffees production can only achieve a level of 0.3 % caffeine (as stipulated by the EU directive).

In the absence of a Codex standard for coffee, an alternative standard such as the EU directive should be considered as a point of reference.

Noted. However, the following should kindly be kept in mind:(a)The proposed draft regulations are

already aligned with the latest EU Directive as far as the caffeine content for decaffeinated instant coffee is concerned.

(b)The anhydrous caffeine content prescribed is the maximum and not the minimum percentage.

6 8 (a)Coffee Essence (Liquid)

Please amend the regulation below and replace “sugar” with “added sugar” as defined in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);

8. Coffee essence (liquid coffee extract/ concentrate) shall –

The use of the term “added sugar” will allow a range of sugars to be used in this category including glucose and other types of sugars.

In agreement, the necessary change has been introduced.

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(a) consist of the essence or liquid extract (concentrate) from Coffee (ground coffee or coffee powder) with or without the addition of glycerol or sugar or a combination of these;

Amended regulation to read as follows:8. Coffee essence (liquid coffee extract/ concentrate) shall –(a) consist of the essence or liquid extract (concentrate) from Coffee (ground coffee or coffee powder) with or without the addition of glycerol or added sugar or a combination of these;

6 8 (c)

Coffee Essence (Liquid)


8. Coffee essence (liquid coffee extract/ concentrate) shall –

(c) Contain at least 0.5 percent of anhydrous caffeine derived from Coffee (ground coffee or coffee powder).




6 10.2(a) Is this correct?

This means that it will have a stronger essence and taste.Also will add extra sugar and milk in the making of a hot drink to make the essence less.Which means that we will spend more in purchasing goods like sugar and milk.

The requirement that reads ‘shall contain 3.5 to 8.0 percent of ash’ has been removed.

7 11 (1) (b)

Coffee & Chicory Mixture


11. (1) Coffee and chicory mixture shall –(b) have an anhydrous caffeine content of at least 0.6 percent; and




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Regulation STAKEHOLDER COMMENTS JUSTIFICATION DAFF COMMENTS7 11 (1 ) (c)

Coffee & Chicory Mixture

Please provide clarity on the intent behind this regulation.

11.(1) Coffee and chicory mixture shall:(c) not contain more than 50 percent of water soluble extract.

This is not a requirement on the other coffee & chicory mixtures and blends.

In agreement. The provision has been removed.

7 11 (2)Coffee & Chicory Mixture

Please remove 11 (2)

(2) Coffee (ground coffee or coffee powder) shall constitute at least 50 percent of the mixture.

Restricting the percentage of coffee to above 50% will impact the sensory experience and limit the consumer’s access to affordable coffee and chicory blends.

Additionally, there are coffee and chicory products that have been on the market for decades that would be impacted by the requirements in this draft regulation.

The implementation of Regulation 19 (1) i.e. disclosing the coffee % on the main panel will ensure that there is no misrepresentation to the consumer.


Another category has thus been included in the draft regulation, namely “Chicory and coffee mixture”. This category will then also be subject to the requirement in the newly numbered regulation 21(1).

7 12 (a)

Coffee & Chicory Essence (liquid)

Please amend the regulation below and replace “sugar” with “added sugar” as defined in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972); Remove “or glucose”;

12. Coffee and chicory essence (liquid coffee and chicory extract) shall –(a)consist of the essence or liquid extract from the Coffee and chicory mixture referred to in regulation 11, with or without the addition of glycerol or sugar or glucose or any combination of these; andAmended regulation to read as follows:12. Coffee and chicory essence (liquid coffee and chicory extract) shall –

(a) consist of the essence or liquid extract from the Coffee and chicory mixture referred to in regulation 11, with or without the addition of glycerol or added sugar or a combination of these; and


In agreement, the necessary change will be introduced.

7 12 (b) Please delete the regulation below: Caffeine content varies dramatically across coffee bean varieties. Other


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Regulation STAKEHOLDER COMMENTS JUSTIFICATION DAFF COMMENTSCoffee & Chicory Essence (liquid)

12. Coffee and chicory essence (liquid coffee and chicory extract) shall – (b) contain at least 0.25 percent of anhydrous caffeine derived from coffee.

factors that influence the variation in caffeine content of coffee include geographical location, environmental conditions and roast profile applied.


7 13 (2) (a) and (b)

Instant coffee & chicory extract

Please remove regulation 13 (2) (a).

(2) Instant coffee and chicory extract -(a)shall contain not less than 50 percent of coffee;(b)may contain sugar; and

Rephrase regulation 13 (2) (b) to read as follows:

“may contain “added sugar” as defined in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);”

Please add this category to regulation 19 (1) as per the following amendment:

19. (1) In the case of Mixed coffee (coffee mixture), Coffee and chicory mixture and Instant coffee and chicory extract, a statement regarding the percentage of coffee in the mixture (on a mass per mass basis based on QUID requirements as regulated in terms of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972 )) shall be indicated on the main panel.

Restricting the percentage of coffee to above 50% will impact the sensory experience and limit the consumer’s access to affordable coffee and chicory blends.

Additionally, there are Instant coffee and chicory products that have been on the market for decades that would be impacted by the requirements in this draft regulation.


This category needs to be listed in Regulation 19 (1) i.e. disclosing the coffee % on the main panel will ensure that there is no misrepresentation to the consumer. The percentage must be calculated as per QUID guidelines in terms of the labelling regulations.


Another category has thus been included in the draft regulation, namely “Chicory and coffee mixture”. This category will then also be subject to the requirement in the newly numbered regulation 21(1).

In agreement, the necessary change will be introduced.

8 13(2)(a) (a) shall contain not less than 50 percent of coffee;

As this class allows added food stuff and sugars. The compound of the percentage of pure coffee can not be 50% of the total product we suggest using a 25% coffee content.

This requirement has been removed to align the standard with other categories of instant extracts.

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Regulation STAKEHOLDER COMMENTS JUSTIFICATION DAFF COMMENTS8 13(3)(b) (b) The types of instant coffee referred to in

paragraph (a) shall be free flowing, and free from lumps which do not compress with light pressure.

We would suggest removing the wording “free from lumps” as these products do consist of granules due to the processing of these products.

This requirement has been removed from all the applicable categories.

8 13(3)(b) (b) The types of instant coffee referred to in paragraph (a) shall be free flowing, granulated and free from lumps which do not compress with light pressure.

Please specify granulated. The newly numbered regulation 13(b) accommodates this request.

7 14 (a)

Premix coffee in powder form

Please advise the compositional differences between the coffee category “premix coffee in powder form” (Regulation 14) and premix powder referenced in 2 (3) (c)?

(14. Premix coffee in powder form –(a) shall consist of Instant coffee (soluble coffee extracts) or Instant coffee and chicory extract mixed with sugar and/or non-nutritive sweeteners and/or milk powder and/or creamer; and

Please amend the regulation above and replace “sugar” with “added sugar” as defined in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972):

Amended regulation to read as follows:14. Premix coffee in powder form –(a) shall consist of Instant coffee (soluble coffee extracts) or Instant coffee and chicory extract mixed with added sugar and/or non-nutritive sweeteners and/or milk powder and/or creamer;

NB. The use of permitted additives must also be included.

Both products compositional requirements seem to be similar yet premix powder is declared as exempt from these regulations.


Please refer to the response under regulation 2(3)(c) on page 10 above.

‘Sugar’ has been replaced with ‘sweeteners’ which has now also been defined under regulation 1.

The use of ‘food additives’ has also been included.

7 14(a) 14. Premix coffee in powder form –

(a) shall consist of Instant coffee (soluble coffeeextracts) or Instant coffee and chicory extract mixedwith sugar and/or non-nutritive sweeteners and/ormilk powder and/or creamer and/or any otherfoodstuff / foodstuff extract and/or food additives;and(b) is intended to be dissolved in hot water to

Part III Marking requirements (page8)Regulation 16(2)(a)(i) refers to thedeclaration of added foodstuffs andadded flavourants. Regulation 18(2)addresses added flavourants.

The current proposed 14(a) may beseen to be prescriptive on foodstuffs

The newly numbered regulation 16(a) only prescribes what the main ingredients for a Premix coffee in powder form shall consist of. The use of food additives have also been included as the newly numbered regulation 16(c)

Please also refer to the responses—(i) directly above; and

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Regulation STAKEHOLDER COMMENTS JUSTIFICATION DAFF COMMENTSdeliver a ready-to-drink coffee beverage. and food additives which may be

added to a Premix Coffee product. Itmay therefore also be interpreted toexclude e.g. flavourants.

For clarity purposes, we proposeinclusion of the wording ‘ … and/orany other foodstuff / foodstuff extractand/or food additive’.

(ii) under regulation 2(3)(c) on page 10 above.

8 16 (2) (a) (i) – (iii)

Marking & labelling

Please review and amend the following regulation. Please ensure alignment with the SA labelling regulations.

16 (2) Each container in which coffee, chicory and related products are packed shall be marked with the following particulars: (a) The product description, and if applicable the additions to the product description, in letters of the same type, size, colour and font, prominently on at least one main panel in a letter size of at least 3 mm in height for lower case vowels, as set out in regulations 17 and 18 respectively: Provided that – (i) the name of the added foodstuff (e.g. ‘milk’, etc.) or the name of the added flavourant (e.g. ‘vanilla flavoured’, etc.) may be indicated in one different colour when used in the additions to the product description; (ii) the difference in letter size between the smallest letter in the product name and smallest letter in the additions to the product name indication shall not exceed 2 mm; and (iii) in the case of Premix coffee in powder form the letter size may be reduced to minimum 2 mm.

Alignment with the SA labelling regulations is key to ensuring consistency of labelling.

Any additional, product specific labelling requirements can be stipulated in these regulations for compliance.

Noted. However, stakeholders should take note that product specific regulations published under the Agricultural Product Standards Act take precedence over the general labelling and advertising of foodstuffs regulations (R.146 dated 1 March 2010) of the Department of Health.

The proposed marking requirements and minimum letter sizes prescribed in the draft regulations will thus be retained as is.

8 16.2.A Lettersize of min 3mm to change to 4mmAlignment with R146

Please refer to the response directly above.

Marking of containers and outer containers 16.

2) (a) The product description name, and if applicable the additions to the product description name,….

Substitute ‘description’ with name as this section refers to the product name. Be clear on what is product ‘name’ and what is ‘description’. Ref. R.146 definitions: “Name”means a word or words giving a true description of the nature of the food product concerned, …” Description would

In agreement. The wording has been amended as proposed.

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Regulation STAKEHOLDER COMMENTS JUSTIFICATION DAFF COMMENTSfor example describes the characteristics of a product and is an expansion of the product name.

i) the name of the added foodstuff (e.g. ‘milk’, etc.) or the name of the added flavourant (e.g. ‘vanilla flavoured’, etc.) may be indicated in one different colour when used in the additions to the product description name;

As per above. 16. (2) (ii) uses the correct context for product name (additions to “product name”)


Reg 16 (2)(a)(i)

Reword as follows:(a) The product description, and if applicable the

additions, shall be of the same type, size, colour and font, prominently on at least one the main panel in a letter size of at least 3 2mm in height for lower case vowels, as set out in regulations 17 and 18 respectively: Provided that –

(i) the name of the added foodstuff (e.g. ‘milk’, etc.) or the name of the added flavourant (e.g. ‘vanilla flavoured’, etc.) may be indicated in one different colour when used as an in the additions to the product description;

The wording, as currently indicated in these draft regulations, is the same wording applied in the Regulations Relating to Dairy and Imitation Dairy Products (R260). While we appreciate the effort by the Department to align with existing legislation, it should be noted that we have raised our concerns with the Department regarding this same wording (text that is struck through), as in our view, it stifles innovation and may create technical barriers to trade.

However, in terms of the font size of the product description, we do propose that these draft regulations be aligned to R260.

Noted, thank you. However, if a requirement in a regulation applies to the local industry in a country, it cannot be regarded as a barrier to trade when similar products are imported. Only when different or stricter requirements/ rules are applied to imported products than for locally produced products may it be regarded as a technical barrier to trade.

The proposed regulations will therefore be retained as is.

9 16 (2) (b)

Marking & labelling

Please replace “or batch code” with “and batch code” in the regulation below;

16 (2) Each container in which coffee, chicory and related products are packed shall be marked with the following particulars: (b)The date marking (i.e. "best before" or "best quality before" or "use by" or "expiration date") or batch code or batch number for the purpose traceability and batch identification, as set out in regulation 22

Amend the regulation as follows;16 (2) Each container in which coffee, chicory and related products are packed shall be marked with the following particulars:The date marking (i.e. "best before" or "best quality before" or "use by" or "expiration date") and batch code or

The use of “or batch code” in this regulation gives the manufacturer the option to use either the date marking or batch identification on their packs.

Alignment with the SA labelling regulations is required where both date marking and batch identification are mandatory.

The requirement in this proposed regulation is for the sole purpose of traceability as indicated.

Regulation 11 (“Batch identification”) in R.146 dated 1 March 2010 of the Department of Health furthermore states “....unless otherwise stipulated in terms of regulations published under the Agricultural products Standards Act, 1990 (Act No.119 of 1990) and.....”

These proposed regulations may therefore prescribe either the date marking or batch code or batch number for the purpose of traceability.

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Regulation STAKEHOLDER COMMENTS JUSTIFICATION DAFF COMMENTSbatch number for the purpose traceability and batch identification, as set out in regulation 22

The provision will thus be retained as is.

Reg 17 (Table 2)

Restructure the table as indicated in the Proposed Table 1 below

The same approach (which we are proposing) is used in the Regulations Relating to Dairy and Imitation Dairy Products (R260). The aim is to ensure alignment with existing legislation.

Many of the requirements proposed in the standards for each category in the first draft regulation have been deleted. Subsequently a Table was not included as proposed.

9 17 (1)Table 2Product Descriptors

Please remove “Coffee/Roasted coffee” as a product descriptor for ground coffee.

It needs to be clear to the consumer that he/she is purchasing ground coffee and not coffee beans or instant coffee.

In agreement. The product names have been removed as suggested.

Indicating the product description name 17.

(1) The product descriptions names for the categories of coffee, chicory and related products shall be as follows:

Substitute ‘description’ with name as this section refers to the product name. Be clear on what is product ‘name’ and what is ‘description’


TABLE 2 PRODUCT DESCRIPTIONS NAMES FOR THE CATEGORIES OF COFFEE, CHICORYAND RELATED PRODUCTSTable heading: Product description name



(2) The word “mixture” in the product description name may be substituted by the word “mix” or “blend”.



(3) The product description name in column 2 of Table 2 may be…

10 Table 2 Product description or The wording product description would need to be changed to the class name or this must be specified in depth on the class name to be used.

Please refer to the response directly above regarding the use of “product name’.

Additions to the product description 18.

(1) The following information may be indicated as part of the product description name and/or be indicated on its own:



(1) (ii) the largest letter of such claim shall not exceed the letter size of the largest letter of the product description name specified in regulation 17(1); and(2) If a flavouring has been added to a category of coffee,

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Regulation STAKEHOLDER COMMENTS JUSTIFICATION DAFF COMMENTSchicory or related products in order to render a distinctive specific flavour thereto, the product description name concerned shall be preceded by the descriptive name for the distinctive flavour concerned and the expression “X Flavoured”, or followed by the expression “with X Flavour” or “with X Flavouring”, where “X” indicates the name(s) of the flavouring(s) used.

10 18. (1) (a) “The following information may be indicated as..”This should be a requirement and not an option since there is an economic difference between arabica and robusta (and others)…robusta in many regions is thought of as a lesser quality to arabica and the potential for adulteration/ mislabelling is high.

Noted. However, if a claim is made on the container it must be true and the onus will be on the owner of the product concerned to provide the inspector with the necessary evidence.The requirement will therefore remain optional, subject to the above-mentioned principle.

10 18(1)(d) The claims “100%”, “100% pure” “100% coffee” or “100% pure coffee”, or any word or words having a similar meaning, in the case of Roasted coffee beans and Coffee (ground coffee or coffee powder) only: Provided that if a flavouring

The wording instant coffee can be classified under 18(1)(d) as this is a pure coffee and 100% coffee. This is not misleading to the consumer.

According to the revised regulation 6, the category Instant coffee (soluble coffee extract) may contain food additives. The newly numbered regulation 20(1)(d) was therefore also revised to include this category.

Reg 18 (1) (d) Reword as follows:The claims “100%”, “100% pure” “100% coffee” or “100% pure coffee”, or any word or words having a similar meaning, in the case of Roasted coffee beans and Coffee (ground coffee or coffee powder) only: Provided that if the flavouring used is not of coffee origin and/or any foodstuff has been added to the afore-mentioned products, these claims shall not be marked on the container of such products.

It is normal practice that coffee extract is removed from the coffee during the roasting process and re-introduced at the end of the process in order to maintain the coffee flavour. Such practice does not affect the purity of the coffee. Therefore, addition of coffee flavouring should be allowed.

The newly numbered regulation 6(d) was added to make provision for the addition of aromas recovered during the roasting process.The wording “pure coffee” and the word “pure” were added to the newly numbered regulation 20(1)(d), and regulation 18(1)(e) in the first draft regulation was subsequently deleted.

Reg 18 (2) Move to Regulation 16 (2) We propose that regulations relating to the same matter (e.g additions to product descriptions) be kept is the same sections of the regulations.

It is not clear to this office what is meant with this comment?

Reg 19 (1) Reword as follows:In the case of coffee mixtures, proportion (ratios) of the main ingredient should be indicated in the list of ingredients, after that main ingredient.

Proportions of ingredients, in terms of the Regulations Relating to the Labelling and Advertising of Foodstuffs (R146), may be indicated in the list of ingredients, at the back of pack and not necessarily on the main panel. We therefore propose alignment to these regulations in this

The motivation is noted. The newly numbered regulation 21(1) was amended as proposed.

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Regulation STAKEHOLDER COMMENTS JUSTIFICATION DAFF COMMENTSregard.In addition, to ensure that confidential recipe information is not disclosed, we propose that only ratios of chicory or coffee (depending on which is present in the product in the greatest proportion) be declared.This should apply for all product types listed in the “coffee mixture” category, assuming that coffee mixtures are defined as we have proposed above.

10 19 (2)

Additional particulars on main panel

Please provide clarity on the intent behind this regulation.(2) In the case of Coffee essence (liquid coffee extract/ concentrate), a statement regarding the percentage of caffeine in the coffee essence shall be indicated on the main panel.

The Caffeine content varies between batches of coffee beans and it will be extremely difficult to consistently comply with a caffeine declaration made on pack.

This requirement has been deleted since the caffeine content is not prescribed for Coffee essence (liquid coffee extract/ concentrate) anymore.

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19 (3)


Insert an additional sub-regulation to indicate that the number of pods/capsules needs to be declared.

(3) If coffee, chicory or a related product is packed in individual pods or capsules or coffee filter bags, the main panel of each container containing such pods or capsules or coffee filter bags shall be marked with wording communicating this: Provided that: (a) such wording may also be indicated as part of the product description only; and (b) if the contents of the container is clearly visible and identifiable from the outside, the wording communicating this may be omitted.

Addition of sub-regulation (c) will read as follows:(c) the number of pods/capsules packed and corresponding nett weight shall be declared.

Legal Metrology compliance. As indicated in the justification provided, these requirements fall within the scope of the Legal Metrology Act (No. 9 of 2014) and its subordinate legislation and will therefore not be included in the draft regulations.

10 19.3 With wording communicating this , sentence is incomplete what does the this refer to

Complete sentence for clarity The wording will be amended to clarify that if a product is packed in individual pods or capsules or coffee filter bags, the main panel of each container containing such pods or capsules or coffee filter bags shall be marked with wording such as e.g.

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Regulation STAKEHOLDER COMMENTS JUSTIFICATION DAFF COMMENTS“Ground coffee pods”, “Ground coffee filter bags”. “Contain 10 capsules”, etc.

11 19 (4)


Please rephrase the regulation below.

(4) In the case of Premix coffee in powder form, the expression "sweetened" shall be indicated on the main panel in a letter size of at least 2 mm in height for lower case vowels.

(4) In the case of sweetened Premix coffee in powder form, the expression "sweetened" shall be indicated on the main panel in a letter size of at least 2 mm in height for lower case vowels.

The word “Sweetened” should only be used if the product is sweetened.

Noted. The wording will be amended to clearly reflect that it only applies where the Premix coffee in powder form contains added sweetener.

12 22 (1)

Date marking & batch code

Please replace “or batch code” with “and batch code” in the regulation below;

22.(1) For the purpose of batch identification and traceability, each container containing coffee, chicory and related products shall be clearly marked with the date marking or batch code or batch number in such a way that the specific batch is easily identifiable and traceable

Amend the regulation as follows;22.(1) For the purpose of batch identification and traceability, each container containing coffee, chicory and related products shall be clearly marked with the date marking and batch code or batch number in such a way that the specific batch is easily identifiable and traceable.

The use of “or batch code” in this regulation gives the manufacturer the option to use either the date marking or batch identification on their packs.

Alignment with the SA labelling regulations is required where both date marking and batch identification are mandatory.

The requirement in this proposed regulation is for the sole purpose of traceability as indicated.

Regulation 11 (“Batch identification”) in R.146 dated 1 March 2010 of the Department of Health furthermore states “....unless otherwise stipulated in terms of regulations published under the Agricultural products Standards Act, 1990 (Act No.119 of 1990) and.....”

These proposed regulations may therefore prescribe either the date marking or batch code or batch number for the purpose of traceability.

The provision will thus be retained as is.

Restricted particulars 23.

(1) (a) no product description name other than the applicable product description name in Table 2 for the coffee, chicory or related product concerned shall be marked on a container thereof: Provided that product description name of other categories of coffee, chicory and/or related products from the same manufacturer indicated for the sole purpose of promotion and/or comparative claims shall be allowed on the side panel or



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Regulation STAKEHOLDER COMMENTS JUSTIFICATION DAFF COMMENTSback panel of a container and shall be accompanied by wording such as but not limited to “also try these products in our range”, etc.; and1) (b) no word or expression which so nearly resembles the product description name ….


12 23 (1) (a)

Restricted particulars

Please make reference to Regulation 17 (3) which refers to the altered sequence of words allowed in Table 2.

23.(1) Subject to the provisions of sub-regulation (2):(a) no product description other than the applicable product description in Table 2 for the coffee, chicory or related product concerned shall be marked on a container thereof: Provided that product descriptions of other categories of coffee, chicory and/or related products from the same manufacturer indicated for the sole purpose of promotion and/or comparative claims shall be allowed on the side panel or back panel of a container and shall be accompanied by wording such as but not limited to “also try these products in our range”, etc.; and

Noted. The cross-reference to the newly numbered regulation 19(3) has been included in the newly numbered regulation 25(1).

(2) If the product description name … Substitute ‘description’ with name as this section refers to the product name. Be clear on what is product ‘name’ and what is ‘description’


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23 (5)Restricted particulars

Correction is required. Sub-regulations 18 (4) and 18 (5) referenced below, do not exist.

(5) Subject to the provisions of sub-regulations 18(4) and 18(5), the claims “100%”, “100% pure” “100% coffee” or “100% pure coffee” shall not be marked on the container of Instant coffee (soluble coffee extracts), Decaffeinated coffee, Decaffeinated instant coffee, Coffee essence (liquid coffee extract/ concentrate), Mixed coffee (coffee mixture), Chicory, Coffee and chicory mixture, Coffee and chicory essence (liquid coffee and chicory extract) or Instant coffee and chicory extract.The correct references would most likely be 18 (1) (d) and 18 (1) (e). Please confirm.

Incorrect reference. Noted, thank you. The correct cross reference under the revised regulations will now be the newly numbered regulation 20(1)(d) only.

13 25 (2) Sampling methods have not been included. It is important to include sampling methods as per ISO.

The frequency of inspection and sampling/testing should be an agreement between the assignee (i.e. Impumelelo

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Regulation STAKEHOLDER COMMENTS JUSTIFICATION DAFF COMMENTSAgribusiness Solutions) and all role-players involved, and stakeholders are encouraged to engage with the Assignee in this regard. However, sampling should, where possible/ available, always be based on international standards.

13 23(7) (7) The word “instant” may only be marked on the container or label containing Instant coffee (soluble coffee extract), Decaffeinated instant coffee and Instant coffee and chicory extract.

The word label and Decaffeinated instant coffee needs to be added in the description.

Noted. It is not necessary to include ‘label’ since the regulation requires that the information be indicated on the container. This can be embossed directly onto the container or indicated on a label affixed to the container.

14 25 (3)

Analysis

Please provide guidance as to how non-compliant product will be handled.

(3) If the results of the analysis performed deviate from the prescribed compositional requirements for the product concerned, the whole batch from which the relevant samples were obtained shall be regarded as non-compliant.

There is no indication as to what will be the next steps once a product is found to be non-compliant. It is imperative for manufacturers to know how to handle product that is non-compliant.

In terms of the new regulations published for Appeal Procedures (R.1259 of 27 September 2019), the owner of the non-compliant product may appeal against such a finding by following the procedures in the mentioned regulations. Inspectors of the designated assignee will also issue a Seizure for the non-compliant product, in which case the product must be removed from the trade.

Testing is a huge concern – there are no laboratories currently in South Africa to test for caffeine content

This office established that it is possible to analyse for caffeine content in South Africa.

ALTERNATE CATEGORY FOR INSTANT COFFEE & CHICORY PROPOSED (Frisco and Koffiehuis do not comply to regulation 13 as it stands)NEW COFFEE CATEGORY PROPOSAL

INSTANT SWEETENED COFFEE & CHICORY BLEND(1) Instant sweetened coffee and chicory blend shall consist of the dried soluble solids prepared from water extraction of a coffee and chicory mixture combined with added sugars such as glucose, dextrose or any other suitable sugar.

(2) Instant sweetened coffee and chicory blend shall dissolve in boiling water in 30 seconds with moderate stirring.

(1) The types of instant sweetened coffee and chicory blend shall be as follows:

New category is required to define historical products on the market that do not typically fit the categories defined in this draft.

The percentage of coffee and chicory has not been defined as restricting these will impact the sensory experience and limit the consumer’s access to affordable coffee and chicory blends.

This category can be listed in regulation 19 (1) i.e. disclosing the coffee % on the main panel and this will ensure that there is no misrepresentation to the consumer.

Noted, thank you for the proposal.However, please see this office’s comments under –(i) regulation 11(2) on page 15 above, and(ii) regulation 17 (Table 2) on page 20

above.

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(i) Spray dried, powdered:Means that the instant sweetened coffee and chicory blend is obtained through spray drying and the dried particles are in a powder form.

(ii) Spray dried, agglomerated:Means that the instant sweetened coffee and chicory blend is obtained through spray drying and by a process in which the dried particles are fused together to form large particles or granules.

(iii) Freeze dried:Means that the instant sweetened coffee and chicory blend is obtained through freeze drying and the dried particles have a granular appearance.

(4) Instant sweetened coffee and chicory blend shall be free flowing, and free from lumps which do not compress with light pressure.

Please add this category to regulation 19 (1)19.(1) In the case of Mixed coffee (coffee mixture), Coffee and chicory mixture and Instant sweetened coffee and chicory blend, a statement regarding the percentage of coffee in the mixture (based on QUID requirements as regulated in terms of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972))) shall be indicated on the main panel.

Please add this category to regulation 19 (4)19.(4) In the case of Premix coffee in powder form and Instant sweetened coffee and chicory blend, the expression "sweetened" shall be indicated on the main panel in a letter size of at least 2 mm in height for lower case vowels.

Please add this category to regulation 17 (1), Table 2

Additionally, this category can be listed in regulation 19 (4) i.e. the expression “Sweetened” shall appear on the main panel in letters no less than 2mm for lower case vowels.

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General comments

Food safety – Contaminants should be considered: Mycotoxins Ochratoxin AThese are pervasive issues that cause these items to be rejected at the country level (various countries) on a continuous basis.These are pervasive issues that cause these items to be rejected at the country level (various countries) on a continuous basis.

Food safety falls within the mandate of the Department of Health under the Foodstuffs, Cosmetics and Disinfectants Act (No.54 of 1972) and the proposal will therefore not be included.

Food safety – Contaminants should be considered: Process contaminants like furan, acrylamide (in roasted coffee / instant coffee)

These are pervasive issues that cause these items to be rejected at the country level (various countries) on a continuous basis.


Food safety – Contaminants should be considered: Residues of mineral oil from jute bags and other sources.

These are pervasive issues that cause these items to be rejected at the country level (various countries) on a continuous basis.


Food safety – Contaminants should be considered: Heavy Metals Lead, cadmium, mercury, arsenic, copper Food safety falls within the mandate of the Department of Health under the Foodstuffs, Cosmetics and Disinfectants Act (No.54 of 1972) and the proposal will therefore not be included.

Food safety – Microbiological stds should be considered. Total plate count, yeast & mold, pathogens as necessary/ required


Food Fraud - Authenticity testing should be considered:16-O-Methylcafestol, Kahweol, Cafestol, chlorogenic acids

This is an area of increasing concern globally. Governments and companies should be analyzing commodities to ensure that the material is correct and specific to the commodity.For example, only analyzing caffeine as a “marker” for tea and coffee doesn’t prove that the material is tea or coffee, only that it contains caffeine. It is very easy to

The concern raised is valid and duly noted. This office and stakeholders will have to combine efforts in creating awareness and to address any possible fraud in this regard.

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PAGENO.

Regulation STAKEHOLDER COMMENTS JUSTIFICATION DAFF COMMENTSadulterate anything (leaves, stems, other plants, dirt, etc) and add caffeine. Interested parties need to be concerned with more accurate markers and tests as listed.In addition, generic tests such as “polyphenols” have – and continue to be- a non-specific test that criminals know how to “fool”.

Marking requirements- There does not seem to be an alignment between current labelling and advertising labelling requirements and marking

requirements for these products and possibly other DALRRD regulations.- There is also a concern that the labelling and advertising regulations are likely to be updated soon and then there may be

a need to change labels twice.- There is a new definition of “Best Quality Before Date”. Given the current issues around date marking and the

understanding thereof, this may lead to further confusion.- The regulations include “Best Before and “Expiry” date definitions that are not aligned with the general labelling

legislation.- There seem to be options for date marking or using a batch code only (does the legislation allow one to choose?)

All the concerns raised have been addressed in this office’s responses above.

Assignees and inspections Which assignee will be responsible for these products – an existing one or a new one?

The current designated assignee for various processed products, namely Impumelelo Agribusiness Solutions, will be responsible for the enforcement of the proposed regulations.

Scope of regulations

- Clarity is to be requested from the Department regarding the scope of the regulations. Legislation in other markets have separate regulations for different product types.

- Coffee mixtures do not feature in the list of products that fall within the scope of these regulations and provision needs to be made for these.

- It is suggested that a query as to whether flavouring and ingredient companies have been consulted given that it needs to be clear whether these regulations apply to consumer products and or ingredients e.g. tea extracts.

Regulation 2 indicates which products are included and which are excluded from the scope of the proposed regulations.

Consultation process A process similar to the one followed for R.260 should be requested for these regulations i.e. a consultation session/workshop with the Department to work through the draft legislation in detail with industry experts.

Noted, thank you for the proposal.

High level technical comments- Definitions – should ideally be aligned to ISO standards to allow for trade in multiple markets- Current definitions refer to technological processes (processes are to be removed or should be inclusive)- Clarity regarding the intention of regulation 2(3)(c) is required before the industry can provide comment on this- It is suggested that similar tables to the ones used in R.260 to outline dairy products and their classes is included in this

regulation

All the concerns, questions and recommendations have been addressed in this office’s responses above.

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PAGENO.

Regulation STAKEHOLDER COMMENTS JUSTIFICATION DAFF COMMENTS- List of ingredients that are permitted for inclusion are listed in these regulations, instead of referring to Codex or other

suitable bodies, which limits product innovation- Laboratories in South Africa do not have the capacity to test for caffeine- Table 1 refers to particle sizes for coffee, yet there is no reference for this and this is dependent on factors such as

brewing. It is recommended that this is removed.- The compositional requirements in the international regulations differ. A query regarding how the DALRRD chose which

ones to adopt should be posed to them.- Regulation 5 (1) (b) refers to the product being free from husks which is not feasible as a small amount of husk may be

found in certain product types.- Regulation 5 (1)(c) refers to artificial flavourings and colourings not being allowed. There are no definitions for these in the

general labelling legislation and therefore no qualifying statements regarding the type of colourant (different term used in general labelling) or flavouring are permitted. Clarity needs to be sought as to whether the intention is to not allow these ingredients at all or not. This may limit product innovation.

The new draft indicates that coffee needs to be present in 50% or more of a product for it to be called a coffee – we would like to table that there is a market for “cheaper” coffee that is blended with chicory but still called a coffee (it would be abelled chicory and coffee blend” so we would just like this to be tabled and discussed.

Noted. The matter has been addressed in this office’s responses above.

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PROPOSED TABLE 1:

COFFEE, CHICORY and CHICORY AND COFFEE MIXTURES

Proposed Category Proposed Product Description Proposed StandardsAdditional RequirementsMoisture

(% m/m)Total Ash(%m/m)

Caffeine Content(% m/m)

(a) Coffee beans Roasted coffee beans≤5 None ≥ 0.8 None

(b) Ground coffee Roasted ground coffee100% Pure ground coffee

≤5 None≥2.8 – 51

≥ 0.81

Be free from foreign matterContain no chicory, food additives or foodstuffs

Decaffeinated ≤0.1(c) Instant coffee Instant coffee

Soluble coffeeDried coffee extract

None None ≥2.25 We have no proposal in this regard, as we have recommended that all text relating to this category be covered in the definitions. Proposed definitions have been provided above.Decaffeinated ≤0.3

(d) Coffee mixture Chicory and coffee mixture2

None None ≥0.5 May contain sugars (e.g glucose) as part of the ingredientsDecaffeinated ≤0.1Coffee and chicory mixture2

None None ≥0.6 ≥ 50% Coffee2

(e) Coffee extract/essence We have no recommendation ≥0.5 No recommended requirements

1We have noted that there is a possible lower minimum limit, with no maximum limit, being considered/proposed for the East African Community (DEAS 105:2019). We therefore propose that we align with this proposal in order to avoid technical barriers to trade, particularly within the region.

2Where the coffee mixture (as defined) contains ≥ 50% Coffee content, then the product description that can be used is “coffee and chicory mixture” or any similar wording; Where the coffee content is less than 50%, then the description to be used is “chicory and coffee mixture or chicory and coffee blend or chicory and coffee granules” or any similar wording. The difference is the naming order of the coffee and the chicory, depending on their proportions (e.g if coffee is in greater proportion then coffee is named first). This is in line with the principle of the order of listing of ingredients as outlined in the Regulations Relating to the Labelling and Advertising of Foodstuffs (R146).

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