(1) "Antioxidant"
means any substance which delays, retards or prevents the development in foodstuffs of rancidity or other deterioration due to oxidation but does not include substances added to foodstuffs for purposes other than antioxidation which nevertheless have an antioxidant action;
"good manufacturing practice (GMP)"
means limited to such a maximum level that the product concerned will not be deleteriously affected or its compliance with legal requirements disturbed; and
"preservatives"
means any substance which inhibits, retards or arrests fermentation, acidification or other decomposition of foodstuffs but does not include preservatives such as common salt (sodium chloride), sugar (sucrose), lactic acid, vinegar, alcohol or potable spirits, herbs, hop extract, spices and essential oils.
| (a) | Any person shall be guilty of an offence if he sells any foodstuff which contains a preservative, except that each foodstuff specified in column I of Annex A or any such foodstuff which is intended to be diluted or reconstituted before consumption, when diluted or reconstituted in accordance with the instructions on the label, may, subject to the provisions of subregulation (2)(b), contain any one of the preservatives specified opposite to it in column II, in a proportion not exceeding the number of mg/kg or mg/1, as the case may be, specified in column III. The preservatives sulphur dioxide, benzoic acid, sorbic acid and propionic acid may also be used in the form of their calcium, sodium or potassium salt s expressed as sulphur dioxide (SO2), benzoic acid (C6H3COOH), sorbic acid (CH3 – CH = CH – CH = CH – COOH) and propionic acid (CH3CH2COOH), as the case may be. |
| (b) | Where the use of two or more preservatives in a foodstuff is allowed in Annex A, a mixture thereof, if compatible, may be used, provided the sum of the fractions obtained when the amount of each preservative used is divided by the maximum permitted amount of such preservative when used alone does not exceed one. |
| (c) | A preservative shall not contain— |
| (i) | more than 3 mg/kg of arsenic; |
| (ii) | more than 10 mg/kg of lead; |
| (iii) | more than 50 mg/kg of copper and zinc taken together (the zinc content, however, shall not be higher than 25 mg/kg); or |
| (iv) | any other substances harmful to human health, subject always, however, to any exceptions implicit in the specific criteria laid down in Annex C. Where Specific Criteria of Purity are laid down in Annex C, these shall apply. |
| (a) | Subject to the provisions of the regulations governing (a) wine, other fermented beverages and spirits and (b) foodstuffs for infants, young children and children, no person shall sell any foodstuff containing an antioxidant, except that each foodstuff specified in column I of Annex B or any such foodstuff which is intended to be diluted or reconstituted before consumption, when diluted or reconstituted in accordance with the instructions on the label, may, subject to the provisions of subregulation (3)(b), contain any of the antioxidants specified opposite to it in column II, in a proportion not exceeding the number of milligrams per kilogram or per litre specified in column III. |
| (b) | Where the use of two or more antioxidants in a foodstuff is allowed in Annex B, a mixture thereof, if compatible, may be used, provided the sum of the fractions obtained when the amount of each antioxidant used is divided by the maximum permitted amount of such antioxidant, when used alone does not exceed one. |
| (c) | An antioxidant shall not contain— |
| (i) | more than 3 mg/kg of arsenic |
| (ii) | more than 10 mg/kg of lead ; |
| (iii) | more than 50 mg/kg of copper and zinc taken together (the zinc content, however, shall not be higher than 25 mg/kg); or |
| (iv) | any other substances harmful to human health. |
| (4) | Foodstuffs prepared in part from foodstuffs in which no preservative or antioxidant is permitted, and in part from foodstuffs in which a preservative or antioxidants is permitted, shall not contain more preservative or antioxidant than results from the addition of the foodstuff in which a preservative or antioxidant is permitted. |
| (5) | Every package containing a preservative or antioxidant intended to be used in food shall bear a label stating clearly its composition and, in the case of sulphur dioxide compounds, the percentage of sulphur dioxide which the contents will yield. |
| (6) | No person shall advertise, sell or use as a preservative or antioxidant for foodstuffs any preservative or antioxidant which is not specified in column II of either Annex A or B, as the case may be. |
| (7) | Where the process of smoking is applied or where a smoke solution is added, the smoke or smoke solutions shall be derived from wood or ligneous vegetable matter in the natural state. Smoke or smoke solutions derived from wood of ligneous vegetable matter which has been impregnated, coloured, gummed, painted, coated or treated in any manner liable to import substances harmful to human health are not permissible. |
Regulation 5 of the regulations under the repealed Food, Drugs and Disinfectants Act, 1929 (Act No. 13 of 1929), published under Government Notice No. 575 of 28 March 1930, as amended, is hereby repealed with effect from the date of coming into effect of the provisions of this notice.
