New regulation relating to the use of Food Additives in Food stuff issued by the South African government

Regulations Relating to the Use of Food Additives in Foodstuffs, 2024 (image by pexel.com)

On 01 November 2024 the Department of health in South Africa issued a notice to notify the public on the proposed amendments relating to the use of Food additives in Foodstuffs in terms of the Foodstuffs, cosmetic and disinfectant act, 1972 (ACT 54 No. OF 1972). The Act is part of the South African legislation that aims to:

1. Control the sale, manufacture, and importation of foodstuffs, cosmetics, and disinfectants.   

2. Provide for incidental matters related to these products

The proposed new amendment will affect Section 2 (1) (a)(i) of the Act, which states:

" 2. (1) Subject to the provisions of subsections (2) and section 6, any person shall be guilty of an offence -

(a) if he sells, or manufactures or imports for sale, any foodstuff, cosmetic or disinfectant -

(i) which contains or has been treated with a prohibited substance;"

The Department of Health wants to align with international standard - the Codex General Standard for Food additives (GSFA). Food additives are always reviewed as more research is being done on them. Some are prohibited to protect the every day customer and to ensure food safety. Some food additives, even in small amounts, can have adverse effects on the human body and prolong intake can cause long-term health problems like cancer. That is why the S.A. government is becoming more vigilant and stricter. But essentially, the prohibition of food additives is a risk-management strategy.

The notice issued has a list of food additives that the new amendment affecting and the requirements for the use of them. It asserts or points out that food additives allowed as an ingredient shall comply to the maximum use level as specified in the General Standard for food additives. For example, in the production of Russian which are processed comminuted meat, poultry & game products - sunset yellow is added as food colorant and its maximum usage level not to be exceeded is 300 mg/Kg.

This is because of the potential concerns associated with the use of sunset yellow, some people are allergic to it and there is a concern if combined with other food additives may cause hyperactivity in children.

With that said, as a food manufacturing business these changes will probably require reformulation of recipes - i.e. products will need to be formulated to comply with the permitted additive lists and usage level as stated by Codex standards.

The food safety management system will also need to be updated, proper documentation of all processes and ingredients is vital. System documents most likely to be affected and will need to be amended to align:

1. Product specifications

2. Production SOPs and control forms

3. Process flows

4. New product development procedures & forms

But this will be unique to your own manufacturing practices and procedures. These new regulations will come into operation 12 months after the date of publication. Therefore, companies have 12 months to ensure compliance. These regulations are called "Regulations Relating to the Use of Food Additives in Foodstuffs, 2024"

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