01 March 2021 FOOD

DONATION

CONSUMER GOODS COUNCIL OF SOUTH AFRICA

Definitions

TERM DEFINITION

Date marking The product date marking definition is determined by the relevant

regulations for the product type see Annexure B: Date marking

definitions.
Date of manufacture The date on which the food becomes the product as described. This is
not an indication of the durability of the product
Date of packaging The date on which the food is placed in the immediate container in
which it will be ultimately sold. This is not an indication of the durability

of the product
Donor A person who donates food for ultimate distribution to needy

individuals, or directors, members, employees, agents or authorised

representatives of such a person.
Food loss “Food loss” refers to food that spills, spoils, incurs an abnormal
reduction in quality such as bruising or wilting, or otherwise gets lost

before it reaches the consumer.4 Food loss typically occurs at the

production, storage, processing and distribution stages of the food value

chain, and is the unintended result of agricultural processes or technical

limitations in storage, infrastructure, packaging, and/or marketing
Food waste “Food waste” refers to food that is of good quality and fit for human
consumption but that does not get consumed because it is discarded—

either before or after it spoils. Food waste typically, but not exclusively,
occurs at the retail and consumption stages in the food value chain and

is the result of negligence or a conscious decision to throw food away.

Food donation The term "donate"’ means to give without requiring anything of

monetary value from the recipient, except that the term shall include
giving by a non-profit organisation to another non-profit organisation,

notwithstanding that the donor organisation has charged a nominal fee

to the donee organization, if the ultimate recipient or user is not

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 required to give anything of monetary value.
Surplus food refers to food products that are finished, partly finished or excess
ingredients. Surplus foods can be due to oversupply/production, over-

ordered, quality rejects that do not meet customer or market needs or

out of season stock or food. These food products must be compliant to

both food safety and hygiene regulations, thus fit for human
consumption.

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Contents

1. Introduction...............................................................................................................................................................1

2. Scope...........................................................................................................................................................................2

3. How to avoid food loss and waste in your facilities.......................................................................................2

3.1 Identify hotspots in your organisation.............................................................................................................2

Production level........................................................................................................................................................2
Manufacturing level.................................................................................................................................................3
Retail level...................................................................................................................................................................4
Quick Service Restaurants level............................................................................................................................5
Consumer level.........................................................................................................................................................5
3.2 Separate waste, monitor and measure............................................................................................................6
3.3 Recording and reporting food loss and waste..............................................................................................8
4. Donation requirements...........................................................................................................................................9

4.1 Who can donate?................................................................................................................................................12

Donors......................................................................................................................................................................12
4.2 Donees (Redistributors/Food rescuers/Non-Government Organisations)..........................................12
4.3 What can be donated........................................................................................................................................12
5. Donations and nutrition requirements.............................................................................................................13

Food Parcels guidelines............................................................................................................................................14

6. Liability......................................................................................................................................................................16

7. Donation Safety Measures..................................................................................................................................17

7.1 Hot Foods Safety Requirements..................................................................................................................17

7.2 Food Temperatures............................................................................................................................................17
7.3 Sticker on -additional label requirements....................................................................................................18
7.4 Marking of donated food:.................................................................................................................................19
Very long shelf life.................................................................................................................................................20
Long shelf life..........................................................................................................................................................21

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 Limited shelf life......................................................................................................................................................22
Breads and Staples................................................................................................................................................22
Fruits and vegetables............................................................................................................................................23
Dairy and Eggs........................................................................................................................................................26
Fruit and Beverages...............................................................................................................................................26
Meats.........................................................................................................................................................................27
Sea Food..................................................................................................................................................................28
8. Legislation and other sources of information................................................................................................29

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 1. Introduction
According to Statistics South Africa, South Africa, as a nation, is food secure, although at national and

not at household level (Statistics South Africa, 2019). However, 10 million tonnes of food produced
goes to waste (Oelofse; WWF, 2017) and in 2017 it was reported that 6.8 million South Africans

experience hunger (Stats SA, 2019). With the high levels of poverty and food insecurity in South
Africa, this level of food waste and loss is unjustifiable. It is a waste of water, energy, labour, disposing

cost and has negative implications on the environment and the economy.

With the growing population levels in South Africa, it is crucial that sustainable processes are adopted,

including food production and consumption. Ensuring sustainable systems in the entire value chain is
a priority. Food waste occurs when food that is meant for human consumption is discarded and food

loss occurs during production stages. Preventing and reducing food waste and loss in the value chain,
and preventing food going to landfill is key. The purpose of this document is to encourage food loss

avoidance, while redirecting surplus food in accordance with the food waste hierarchy (Medina,
Wynter, Cosper, Rodriguez, Gebhart, Hunter & Kemme, 2014).

Figure 1: Food Waste management Hierarchy

Prevent
Prevention/Reduction

Redirect to
feed people
Redistribution

Animal feed

Recycle
Compost

Disposal

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The hierarchy has been developed to outline important steps in food loss management as adopted

from the Food and Agricultural Organisation, with prevention as the most important, and disposal as
the least important option in food waste management.

2. Scope
This document seeks to provide guidelines and encourage effective use of resources through the
entire food value chain (from farm to fork). Identify waste hot spots and how to separate, measure

and report on waste are discussed. In a case where surplus food is inevitable, food donation
requirements and safety measures are outlined, including liability requirements.

3. How to avoid food loss and waste in your facilities

Food losses and waste are largely unintentional and are caused by inefficiencies in the food system,
such as insufficient access to technologies and energy, poor infrastructure and logistics, inadequate

market access as well as managerial limitations and capacity constraints of supply chain actors.
Climatic factors and variability such as extreme events, along with pests and diseases, are also causes

of food losses. Food loss and waste occurs at different stages of the food value chain, food
production; processing or manufacturing; food distribution; retail; Ready to Eat (RTE) food providers

and consumer/household level.

3.1 Identify hotspots in your organisation

The first and most important step in effectively reducing food loss and waste is to first identify
hotspots in your establishment. Hotspots are control points in the establishment where critical

functions take place. The table below is an example of hot spots in different stages of the supply
chain, that different industry actors can consider with possible solutions or control measures that can

be applied. For continuous improvement of waste reduction, waste from the hotspot must recorded
as per company protocols (see 3.2 below).

Production level
Value chain Possible hot spots Possible Solutions
Farmer  Harvest losses (different yield)  Choice of right varieties for location (to

 Post-harvest losses achieve best quality) and target market

(to mature when there is demand in the

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 - Handling and sorting market).

- Grading  Disease and stress-resistant varieties of

- Packaging crops.

- Storage  Proper agronomic and cultural

 Selling – produce versus market practices to ensure high quality

demand products – reduce losses from

 Distribution culls.

 Proper harvest timing and scheduling

for target markets.

Proper sorting/grading after harvest;

with separation based on size, injury

and diseased/ pest infestation, different

ripeness for fruits to facilitate packaging

for delivery to different markets or for

different uses.

 Grading and quality requirements

specified by legislators

 Improve storage facilities for

perishables at the farm level.

 Use of clean and appropriate

containers for the commodities.

Manufacturing level
Value chain Possible hot spots Possible Solutions
Manufacturer  Receiving  Promote and support cottage industries
 Storage in production locations to reduce the

 Processing cost of transport and

 Ingredients and additives losses incurred in long-distance

 Food handling transport to far off processors.

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  Food packaging  Encourage and support fabrication of

 Storage locally suited processing units.

 Distribution  Re-engineer manufacturing processes

to ensure efficient use of resources.

 Improve packaging to increase shelf

life.
 Determining the product shelf life.

Ensuring validation and accuracy of

shelf life.

 Better inventory management, waste

audits and measurements.

 Packaging, labelling and types of packs

as per buyer’s requirements, consumer

needs.
 SANS 289 prescribed quantities that

meet consumer requirements

 Development of cheap reusable and/or

degradable packaging for developing

countries.

 Development of adapted packaging

facilities in developing countries.

Retail level
Value chain Possible hot spots Possible Solutions
Wholesale/Retail  Receiving  Develop good storage facilities in

and/or Distribution  Loading/unloading wholesale/retail markets and

Centres  Merchandise location and stacking supermarkets.

 Storage  Promote proper organisation and

 Shelf packing and storage display of produce in the retail outlets

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  In store RTE food handling, (avoid mixing and piling of produce,

preparation and holding temperature abuse by mixing produce

temperatures with different temperature

requirements in one common cold

room etc).

 Change in-store promotions that

encourage impulse/ wasteful purchases.

 Improve in-store inventory, better

inventory management, waste audits

and measurements.

Quick Service Restaurants level

Value chain Possible hot spots Possible Solutions
Restaurant and  Purchasing  Reduce excessive portion sizes

Quick Service  Receiving  Develop good storage facilities.

Restaurants (QSRS)  Storing
 Effective use of leftovers and food
 Issuing
products.
 Storage

 Preparation
 Serving portions

Consumer/NGO/School feeding programmes level

Value chain Possible hot spots Possible Solutions
Consumers /NGOs /  Purchasing and meal planning  Improve meal planning
Schools  Food handling and preparation  Apply the first in and first out (FIFO)

 Food storage principle.

 Cooking methods  Buy only what is going to be consumed

 Serving portions  Implement good storage and handling

practices

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  Correctly interpret date markings

3.2 Separate waste, monitor and measure

Separation of material is the first step in measuring food loss and waste. It aids in determining which
internal aspects are failing or gaps contributing to this loss/wastage. Waste material is classified into

edible and inedible waste. The type of material wasted and measuring methods assists in establishing
the proper prevention and control measures and the possible destination for the waste. This step also

assists in the quantification of the material; deciding on the quantifying methodology ( see below),
depending on the type of establishment; preventative measures and assess the possibility or recycling

the waste.

Methods of Quantifying Food Waste and Loss

Measurement Or Methods Definition

Approximation 1. Direct weighing Using a measuring device to determine

the weight of FLW

An Entity Can Use 2. Counting Assessing the number of items that make

These Methods If It Can up FLW and using the result to determine

Get Direct Access to the weight; includes using scanner data

The Food Loss and and “visual scales”

Waste (FLW) 3. Assessing volume Assessing the physical space occupied by

FLW and using the result to determine the

weight
4. Waste composition Physically separating FLW from other
analysis material in order to be used as a soil

amendment.
5. Records Using individual pieces of data that have

been written down or saved, and that are

often routinely collected for reasons

other than quantifying FLW (e.g., waste

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 transfer receipts or

warehouse record books

6. Diaries Maintaining a daily log of FLW and other

information
7. Surveys Gathering data on FLW quantities or other

information (e.g.
attitudes, beliefs, self-reported behaviours)

from a large number of individuals or

entities through a set of structured

questions

Inference by Calculation Method Definition

8. Mass balance Measuring inputs (e.g. ingredients at a

factory site, grain

going into a silo) and outputs (e.g.

products made, grain

shipped to market) alongside changes in

levels of stock and

changes to the weight of food during
processing

9. Modelling Using a mathematical approach based on

the interaction of

multiple factors that influence the

generation of FLW

10. Proxy data Using FLW data that are outside the scope

of an entity’s FLW
inventory (e.g. older data, FLW data from

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 another country or

company) to infer quantities of FLW within

the scope of the

entity’s inventory

3.3 Recording and reporting food loss and waste

For the purpose of this guideline, the World Research Institute (WRI) Food Loss and Waste Reporting

Protocol was adopted. In record keeping, it is important for the industry actor to establish for an
effective recording and reporting. These include the following information:

a) Identify the goal for monitoring and measuring food loss and waste
b) Review the accounting principles (relevance, completeness, consistence, transparency and

accuracy)
c) Establish scope (time frame, material type and or destination)

d) Decide how to quantify (choose quantifying method, which will be influenced by the industry
players’ goal)

e) Gather and analyse data (guidance on approaches for gathering, calculating and analysing
data)

f) Calculate results (units and waste), in terms of environmental effect, social effect and/or
economic effect depending on the goal of the industry player

g) Assess uncertainty (recording sources of uncertainty)

h) Review (assurance process of ensuring that the accounting principles have been applied). This

is an optional step.
i) Report (guidance on reporting and including elements that could be added to the report)

j) Set target and track over time (internal targets to monitor and track progress over time)

In summary, for effective food loss and waste reduction, value chain industry players need to

Defin Review Establis Decide Gather Calculate Assess Perform Report Set
e accountin h how to and inventor uncertaint review FLW target

goals analys (optional

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 g scope quantif e y y (optional inventor )
and y data results ) y and track

reporting over time

principles

take these points into consideration and tick the boxes below.

4. Donation requirements
South Africa has no legislation aimed at monitoring food donations other than the CPA which outlines

donations and liabilities; hence surplus food is often treated as waste (WWF. It is not illegal to donate
food. The donor is to determine if the food can be donated and identify a suitable donee. The donee

determines who the food can be donated to, depending on the risk level of perishability, packaging,
date marking and food type. Please see CGCSA FSI Date Marking Guideline for guidance on

management of consumer goods products (including food) once the dates marked on them have
passed. Transportation plays a significant role in food donations and donors are encouraged, in terms

of cost minimisation, identify registered donees near their respective places. The donor is encouraged
to arrange with the donee on how the food will be transported, this agreement can either in paper or

verbally. Proper recording and documentation are important, should there be a need for either the
donor or donee to prove the state the food product was in when it was donated or other relevant

reasons.

The following documentation is necessary when food is donated:

a) Memorandum of understanding between the donor and the donee

b) Details of the donated product

a. Date (recommended date of usage)

b. Storage temperatures and requirements for safe transport and handling of the

product
c. Preparation requirements/instructions

d. Quality and nutrition data (e.g. allergen and compositional information, special dietary
requirements)

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 e. Date marking

f. Safety data/test results

g. Name of the product i.e. samp or rice or pasta

h. Country of origin
i. Manufacturer details

See section 61 of the CPA:

“Liability for damage caused by goods

61. (1) Except to the extent contemplated in subsection (4), the producer or importer, distributor or
retailer of any goods is liable for any harm, as described in subsection (5), caused wholly or partly as a
consequence of—

(a) supplying any unsafe goods;

(b) a product failure, defect or hazard in any goods; or

(c) inadequate instructions or warnings provided to the consumer pertaining to any hazard arising
from or associated with the use of any goods, irrespective of whether the harm resulted from any
negligence on the part of the producer, importer, distributor or retailer, as the case may be.

(2) A supplier of services who, in conjunction with the performance of those services, applies,
supplies, installs or provides access to any goods, must be regarded as a supplier of those goods to
the consumer, for the purposes of this section.

(3) If, in a particular case, more than one person is liable in terms of this section, their liability is joint
and several.

(4) Liability of a particular person in terms of this section does not arise if—

(a) the unsafe product characteristic, failure, defect or hazard that results in harm is wholly
attributable to compliance with any public regulation;

(b) the alleged unsafe product characteristic, failure, defect or hazard—

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 (i) did not exist in the goods at the time it was supplied by that person to another person alleged to
be liable; or

(ii) was wholly attributable to compliance by that person with instructions provided by the person who
supplied the goods to that person, in which case subparagraph (i) does not apply;

(c) it is unreasonable to expect the distributor or retailer to have discovered the unsafe product
characteristic, failure, defect or hazard, having regard to that person’s role in marketing the goods to
consumers; or

(d) the claim for damages is brought more than three years after the—

(i) death or injury of a person contemplated in subsection (5)(a);

(ii) earliest time at which a person had knowledge of the material facts about an illness contemplated
in subsection (5)(b); or

(iii) earliest time at which a person with an interest in any property had knowledge of the material
facts about the loss or damage to that property contemplated in subsection (5)(c); or

(iv) the latest date on which a person suffered any economic loss contemplated in subsection (5)(d).

(5) Harm for which a person may be held liable in terms of this section includes—

(a) the death of, or injury to, any natural person;

(b) an illness of any natural person;

(c) any loss of, or physical damage to, any property, irrespective of whether it is movable or
immovable; and

(d) any economic loss that results from harm contemplated in paragraph (a), (b) or (c).

(6) Nothing in this section limits the authority of a court to—

(a) assess whether any harm has been proven and adequately mitigated;

(b) determine the extent and monetary value of any damages, including economic loss; or

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 (c) apportion liability among persons who are found to be jointly and severally liable.

4.1 Who can donate?

Donors
Donors are any supply chain actors (farmer, manufacture, retailer, caterer, household, individuals)

who donate food for ultimate redistribution to food insecure individuals, and any and all directors,
members, employees, agents or authorised representatives of such a person.

4.2 Donees (Redistributors/Food rescuers/Non-Government Organisations)

The donees are food redistributors/food rescuers or NGO centres. They have the responsibility to
register as NGO’s under the South African law, as either non-profit organisations; public benefit

organisations and/or charity organisations.

4.3 What can be donated

Food must be donated in its acceptable and safe condition. Donated food/products may be

unmarketable products that do not meet product specification or description, unsold or surplus but
safe to consume. Products past the best before date and safely handled may be donated, however,

the donee must disclose the condition of a product to the consumer in a way that is easily
understood to the consumer, further donee and consumer have a responsibility to check if the food is

still consumable. Nevertheless, food that is no longer fit for human consumption should not be
donated. It is important for all concerned food actors to evaluate the level of risks and evaluate the

potential hazards when donating foods.

Risk Levels
Risk level Food type Suitability for donations
High Risk Foods Leftovers, partially consumed Not acceptable for Donations
food, unlabelled food Labelled food would need to meet

the minimum requirements (See

Section 4)
High Risk Potentially Highly perishable food Acceptable for donations

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 Hazardous  (meat, seafood and  Safely handled, stored and

poultry) prepared under correct

 Ready for temperatures

consumption food.  Must be stored under correct

storage temperatures and

consumed immediately or
frozen if appropriate.
Low Risk Perishable Fruits and vegetables, Acceptable for donations
unprocessed and semi-

processed dairy products.

Bread, etc. may be perishable

but they are date marked with

BB
Low Risk Non- Canned foods, dry products Acceptable for donations
Perishable etc.

5. Donations and nutrition requirements

The primary objective of this guideline is to ensure that surplus food is donated and does not get
discarded or get sent to landfill. In light of this, all foods that are safe and fit for human consumption

can be considered for donation.

While there is a need to ensure that no food is wasted, it is important that the nutritional quality of

foods is considered when planning food donations. It is recommended that food donations, whether
in the form of donations of individual foods or in the form of food parcels should not only consider

addressing hunger but also assist in meeting the nutrition needs of the recipients. This is in line with
Sustainable Development Goal 2, which is to end hunger, achieve food security and improved

nutrition and promote sustainable agriculture.

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Although all food may be donated, donor and donee should evaluate products to be donated and

ensure correct individuals receive donations in terms of their age, dietary needs, quantity, quality and
other nutrition needs and requirements.

Food Parcels guidelines

This guidance is based on a healthy adult’s dietary requirements. It is not intended to meet dietary
requirements for specific groups of individuals that have special dietary needs. The South African

paediatric dietary guidelines should be used as a guideline for companies that consistently make
donations to recipients that are young children e.g. orphanages, creches or day care centres as

examples.

Several factors should be taken into consideration when determining what should form part of the

food parcel, including:

a) Foods should be nutritious to contribute to the nutrient requirements of the recipients. The South

African Food-Based Dietary Guidelines should be used to guide to determine whether a food is
nutritious or not and whether a food should be consumed daily or not (South African Food Based

Dietary Guidelines, 2012)

 Enjoy a variety of food.

 Be active!
 Make starchy foods part of most meals.

 Eat plenty of vegetables and fruit every day.

 Eat dry beans, split peas, lentils and soya regularly.

 Have milk, maas or yoghurt every day.

 Fish, chicken, lean meat or eggs can be eaten daily.

 Drink lots of clean, safe water.

 Use fats sparingly. Choose vegetable oils, rather than hard fats.

 Use sugar and food and drinks high in sugar sparingly.

 Use salt and foods high in salt sparingly.

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b) If the donation is in the form of a food parcel this should include items from as many of the food

groups as possible to ensure that a variety of foods are provided to help meet the objective of
meeting nutrient requirements. It is acknowledged that companies donating foods may only be

able to provide the types of foods that they manufacture, making providing a variety of foods
challenging. It is also understood that a food parcel is unlikely to be able to provide all the foods

required to meet these requirements due to cost and perishability constraints and that there is
debate about whether the parcel should contain more protein-rich items, given that these are

generally less affordable than other items. It is recognised that food parcels that are currently
made available through the Department of Social Development differ based on the intended

purpose and have different Rand values attached to them. The recommended list of foods that
were shared with the CGCSA by the government in March 2020 is as follows and can be used as a

starting point for companies to consider when putting together food parcels or making individual
food donations. Ideally, the food parcel should be supplemented by the recipient with a variety of

vegetables and fruit:

Unit Qty

Maize meal kg 10
Rice kg 5
Starch
Potatoes kg 7
     

400g
Pilchards 2
tin
410g
Baked Beans 4
Protein tin
Lentils kg 1
Milk Powder kg 1
     

Veg Butternut kg 7

Onions kg 7
Seasonin
Sugar kg 1
g
Oil L 2

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 Soap Bar 2
Candles Pocket 1
Other
Tea 200g 1
Matches Box 1
c)

d) It is recommended that the rationale for the inclusion of the food items that form part of the
parcel are documented and address the points raised above.

e) It is recommended that food parcels are standardised to ensure that each recipient receives the
same donation.

f) It is recommended that if food parcels can include education materials outlining the South African
food-based dietary guidelines, that these be included to help guide the use of the donated items

including appropriate portion size information and relevant contact information for queries
g) It is advised that any directives, regulations or other requirements outlined by the relevant

Government Departments is followed to ensure that all legal requirements for donations are met
and that any donations provide support where it is most needed, avoiding duplication.

6. Liability
Section 61 of the Consumer Protection Act 68 of 2008 (CPA) provides for strict liability in that each of
the producer, importer, distributor or retailer of a particular product is strictly liable for any harm

caused where that product was unsafe, had a product failure, defect or hazard or was provided with
inadequate instructions or warnings in relation to any hazard arising from or associated with the use

of the product. Each of the producer, importer, distributor and retailer of the product is jointly and
severally liable.

In terms of section 61 of the CPA, consumers no longer have to prove negligence on the part of the

supplier of a product that has caused harm. However:

A particular supplier such as a distributor who supplies unsafe product or a product with insufficient

warnings may, however, only escape liability if he can show that the product characteristic that made
the product unsafe, the defect or the hazard, was not present at the time that he sold or otherwise

supplied the goods in question. In the case of a distributor or retailer of products, who is not
engaged in manufacturing or importing products, liability can only be escaped if it is unreasonable to

16
have expected that distributor or retailer to have discovered a problem with the products, having

regard to the role played by that person in marketing them.

The imposition of strict liability, and the potential magnitude of damage awards and settlements
associated with foodborne illness claims, prevent or limit the amount of food donated by producers

and retailers. In South Africa, there is currently no law that protects the donors, encouraging donors
to donate and prevent food going to landfills. However, donors are encouraged to keep proper

paperwork and ensure that products are perfectly safe before they are donated. Donees and donors
both have a legal responsibility to always ensure that products are properly stored under correct

conditions and temperatures and distributed within the recommended time. If donating to NGO’s or
other organisations, then a contract must pre-cede the donation. (see section 4 above)

When donating, these sections of the CPA must be taken into account as they are there to protect the

consumers and to ensure that the donor or donee taken into account the welfare and health of the
consumers before goods are donated. Therefore the following Sections of the CPA should be taken

into account [Section 22 - Right to information in plain and understandable language; Section 24 -
Product labelling and trade descriptions & Section 55 - Consumer’s rights to safe, good quality

goods]:

Right to information in plain and understandable language

22. (1) The producer of a notice, document or visual representation that is required, in
terms of this Act or any other law, to be produced, provided or displayed to a consumer
must produce, provide or display that notice, document or visual representation—
(a) in the form prescribed in terms of this Act or any other legislation, if any, for
that notice, document or visual representation; or
(b) in plain language, if no form has been prescribed for that notice, document or
visual representation.
(2) For the purposes of this Act, a notice, document or visual representation is in plain
language if it is reasonable to conclude that an ordinary consumer of the class of persons

17
 for whom the notice, document or visual representation is intended, with average
literacy skills and minimal experience as a consumer of the relevant goods or services,
could be expected to understand the content, significance and import of the notice,
document or visual representation without undue effort, having regard to—
(a) the context, comprehensiveness and consistency of the notice, document or
visual representation;
(b) the organisation, form and style of the notice, document or visual representation;
(c) the vocabulary, usage and sentence structure of the notice, document or visual
representation; and
(d) the use of any illustrations, examples, headings or other aids to reading and
understanding.
(3) The Commission may publish guidelines for methods of assessing whether a
notice, document or visual representation satisfies the requirements of subsection (1)(b).
(4) Guidelines published in terms of subsection (3) may be published for public
comment.

Consumer’s rights to safe, good quality goods

55. (1) This section does not apply to goods bought at an auction, as contemplated in
section 45.
(2) Except to the extent contemplated in subsection (6), every consumer has a right to
receive goods that—
(a) are reasonably suitable for the purposes for which they are generally intended;
(b) are of good quality, in good working order and free of any defects;
(c) will be useable and durable for a reasonable period of time, having regard to
the use to which they would normally be put and to all the surrounding
circumstances of their supply; and
(d) comply with any applicable standards set under the Standards Act, 1993 (Act
No. 29 of 1993), or any other public regulation.
(3) In addition to the right set out in subsection (2)(a), if a consumer has specifically

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informed the supplier of the particular purpose for which the consumer wishes to acquire
any goods, or the use to which the consumer intends to apply those goods, and the
supplier—
(a) ordinarily offers to supply such goods; or
(b) acts in a manner consistent with being knowledgeable about the use of those
goods,
the consumer has a right to expect that the goods are reasonably suitable for the specific
purpose that the consumer has indicated.
(4) In determining whether any particular goods satisfied the requirements of
subsection (2) or (3), all of the circumstances of the supply of those goods must be
considered, including but not limited to—
(a) the manner in which, and the purposes for which, the goods were marketed,
packaged and displayed, the use of any trade description or mark, any
instructions for, or warnings with respect to the use of the goods;
(b) the range of things that might reasonably be anticipated to be done with or in
relation to the goods; and
(c) the time when the goods were produced and supplied.
(5) For greater certainty in applying subsection (4)—
(a) it is irrelevant whether a product failure or defect was latent or patent, or
whether it could have been detected by a consumer before taking delivery of
the goods; and
(b) a product failure or defect may not be inferred in respect of particular goods
solely on the grounds that better goods have subsequently become available
from the same or any other producer or supplier.
(6) Subsection (2)(a) and (b) do not apply to a transaction if the consumer—
(a) has been expressly informed that particular goods were offered in a specific
condition; and
(b) has expressly agreed to accept the goods in that condition, or knowingly acted
in a manner consistent with accepting the goods in that condition.

19
 Please note other relevant Sections of the Consumer Protection Act are outlined in Section 4
and 7 of this guidelines.

7. Donation Safety Measures

There are characteristics that are considered acceptable when it comes to donated goods or
products.

7.1 Hot Foods Safety Requirements

It is illegal to donate food that is no longer fit for consumption. Appropriate date marking
that relates to the safety of the product should be considered. Hot food cannot be donated
unless appropriately chilled and packaged. For the food to be safe to donate, it must be
stored and labelled correctly, provided that the food has not previously been pre-heated.
The food should be kept at or above 63ºC during hot holding and be cooled as quickly as
possible and placed in the fridge within 2 hours of the start of the cooling process (Federal
Agency for the Safety of the Food Chain, 2013).

7.2 Food Temperatures

Storage does not improve the quality of any food. The quality of a food will also not decrease
significantly during storage as long as the food is stored properly and used within the recommended

time frame. Maintaining a food’s quality depends on several factors: the quality of the raw product;
the procedures used during processing; the way the food is stored; and the length of storage. The

recommended storage time takes these factors into consideration. Since bacteria frequently get into
food through careless food handling, keep everything — hands, refrigerator, freezer and storage

containers — clean.

These short but safe time limits will help keep refrigerated foods from spoiling or becoming

dangerous to eat. Because freezing keeps food safe indefinitely, recommended storage times are for

20
quality only. Storage times are from date of purchase unless specified on chart ( Clemson University

Cooperative Extension Service and Oregonian FOODday) .

7.3 Sticker on -additional label requirements

According to the DOH’s advice, the use of stickers to update old labels with the new ingredients lists /
nutrition tables to ensure that the business is compliant with the labelling regulations is advised.

Stickering is permitted provided that it is durable and can’t be removed from the product. However,
the business should ensure that the sticker does not cover / alter the date marking in any way, as this

is not permitted. Food past its best before date can be donated, provided that it is proven without
reasonable doubt that the food is safe for consumption. If shelf-life extension tests have been

conducted, and there is a longer shelf life on the product, without compromising food safety or
quality standards, the business may only include the new date through new labels and not changing

the date on existing labels by stickering or other means. Stickers such as ‘not for re-sale or donation
only’ should be used by companies to avoid the product being resold for any purposes. (See

Annexure A- Date Marking and Section 24/Regulation 7 of the CPA Act; see also Section 4 of these
guidelines)

“Product labelling and trade descriptions

24. (1) For the purposes of this section, a trade description is applied to goods if it is—

(a) applied to the goods, or to any covering, label or reel in or on which the goods are packaged, or attached
to the goods;

(b) displayed together with, or in proximity to, the goods in a manner that is likely to lead to the belief that the
goods are designated or described by that description; or

(c) is contained in any sign, advertisement, catalogue, brochure, circular, wine list, invoice, business letter,
business paper or other commercial communication on the basis of which a consumer may request or order
the goods.

(2) A person must not—

21
 (a) knowingly apply to any goods a trade description that is likely to mislead the consumer as to any matter
implied or expressed in that trade description; or

(b) alter, deface, cover, remove or obscure a trade description or trade mark applied to any goods in a manner
calculated to mislead consumers.

(3) A retailer of goods must—

(a) not offer to supply, display or supply any particular goods if the retailer knows, reasonably could determine
or has reason to suspect that—

(i) a trade description applied to those goods is likely to mislead the

consumer as to any matter implied or expressed in that trade description; or

(ii) a trade description or trademark applied to those goods has been altered as contemplated in subsection (2)
(b); and

(b) with respect to any goods within the retailer’s control, take reasonable steps to prevent any other person
from doing anything contemplated in paragraph (a) or subsection (2)(b).

(4) The Minister may prescribe—

(a) categories of goods that are required to have a trade description applied to them, as contemplated in
subsection (5);

(b) the rules to be used in accordance with any international agreement for the purpose of determining the
country of origin of any goods or components of any goods; and

(c) the information that is required to be included in any trade description, from among the categories of
information contemplated in the definition of ‘‘trade description’’ in section 1.

(5) The producer or importer of any goods that have been prescribed in terms of subsection (4) must apply a
trade description to those goods, disclosing—

(a) the country of origin of the goods; and

(b) any other prescribed information.

(6) Any person who produces, supplies, imports or packages any prescribed goods must display on, or in
association with the packaging of those goods, a notice in the prescribed manner and form that discloses the

22
 presence of any genetically modified ingredients or components of those goods in accordance with applicable
regulations.”

7.4 Marking of donated food:

Recommended marking of donated foods: Mark delivery note and/or individual products

Mark the products with “not for resale/Donated food”

Table 1: Storage Requirements for food redistribution centres and food awaiting to be delivered as
donations by donors.

(The table below serves as a guideline, as actual dates and storage conditions are determined by food
manufacturers based on the technology available to them. Recipients of donations are advised to

follow the instructions available on the product where these are available.)

Very long shelf life

Product Description Characteristics of a Damaged Storage Guidelines
Product (Please check the relevant

regulations as the regulations

will supersede these

guidelines)

very long shelf-life

salt, sugar, flour no rotting if stored dry. mouldy up to one year (even longer)

dry pasta Macaroni, Spaghetti taste possible after a very long after DMD on condition that

couscous, semolina period. the product has still its

coffee, tea also pay attention to characteristic qualities and

hardening, absorption of the product and its package
Rice
humidity, occurrence of is not defect.
instant powder (low-fat) coffee, mixture of
insects, moths, turning
spices, pudding
rancid, mould,

water, soft drinks and deterioration of taste, colour

UHT drinks (e.g. milk, change (cf. enzymic browning)

fruit juices)

tin cans/glass bottles vegetables, fruits, oxidation of the can/tops.

23
 soup, meat, fish, Gassing (battered can),
condensed milk, colour or smell change.

jam...

syrup, molasses, honey Saccharification

sweets (hard) lollipop, acid candies

frozen products desiccation, rancid fat

respect temperature (-18°C

or less).
Source: Circular concerning the requirements applicable to foodbanks and charity organisations, 2013

Long shelf life

Product Description Characteristics of a Damaged Storage Guidelines
Product

long shelf-life

dry biscuits mouldy taste, occurrence of up to two months (even

muesli, cereals for moths/insects, tasteless, longer) after DMD on

breakfast, cornflakes change of taste, desiccation, condition that the product

change of texture. has still its characteristic

spread (peanut butter, rancid fat, change of smell, qualities and the product

chocolate streusel, change of colour, oxidation, and its package are not

spreads) mouldy, occurrence of insects. defect.

crisps, salty biscuits,

peanuts

oil, frying fat

instant powder (high-fat) soup, powder milk

margarine, butter

hard cheese e.g. Gouda,

Emmenthal,
Parmesan

sweets (soft) with stuffing,

24
 chocolate,
liquorice

Sauces e.g. sauce for hot

chips,

mayonnaise,
tomato sauce
sterilised bottled milk change or loss of taste
and dairy products
Source: Circular concerning the requirements applicable to foodbanks and charity organisations, 2013

Limited shelf life

Product Description Characteristics of a Damaged Storage Guidelines
Product

limited shelf-life

bread, partially baked mouldy taste, mould, rancid respect the DMD, exceptions
bread fat, occurrence of insects possible but a good

soft cheese evaluation is needed! fresh

cake, stuffed biscuits, bread can be frozen and

soft biscuits consumed primarily within 2-

semi-preserves (herring, chilling needed Fermentation weeks

Source: Circular concerning the requirements applicable to foodbanks and charity organisations, 2013

Breads and Staples

Food Item Room Refrigerator (2° to Freezer (-12 Comments
Temperature 5° C) to -18°C)
(21° C)
Breads

Dough
Tube cans of Use-by-date Don't
rolls, biscuits, freeze
pizza dough,
etc.
Breads

25
 Breads, fresh Store at room Storing in the 3 months Over wrap well to
temperature. Use refrigerator prevent drying out;
the date as a promotes thaw at room
guide or use staling. temperature
within 3 to 5 days.

Bread and 1 to 2 days 2 months Sometimes dough

rolls, doesn't rise as well if
unbaked frozen
dough

Pizza
Pizza 3 to 4 days 1 to 2
months
Stuffing
Stuffing, 3 to 4 days 1 month
cooked

Staples or Pantry Items

Pasta (dry
Once opened, store in
spaghetti, 2 years
airtight container
macaroni, etc.)
Rice, white
2 years +
Keep tightly closed
Rice, flavoured
6 months
or herb

Fruits and vegetables

Fruits
Canned Fruits unopened - 12 opened - 1 Do not store in opened can.
to 24 months to 2 Store in airtight container.
months
opened - 2 to 3
days
Dried Opened 3 to 5 days 4 to
fruits cooked 6months
uncooked Unopened 6 12 months
months
Apples 3 to 5 months

26
Apricots, 3 to 5 days 6 months See preserving
grapes, instructions for
nectarines, individual fruits
peaches, pears,
plums
Avocados 2 to 3 days after 5 to 10 days
ripened
Bananas Store at room Freeze whole in skin or peel
temperature and mash; great in breads
and cakes
Berries, cherries 2 to 3 days Freeze
individually
on cookie
sheets;
repackage in
heavy plastic
bags

Cranberries 3 to 4 weeks 8 to 12 months

Grapefruit 7 days 2 weeks 4 to 6 Wrap cut surfaces to

months prevent loss of Vitamin C.
Grapes Guavas, 1 to 2 weeks
papayas
Kiwi Fruit 3 to 5 days after 4 to 6 months if
ripening unripe.

Lemons, Limes 1 week 2 to 5 weeks

Melons 1 week 8 to 12 Wrap cut surfaces to

months prevent Vitamin C loss,
control odours.
Oranges 3 to 4 days 5 to 6 weeks

Peaches Ripen at room 2 to 3 days

temperature
Pineapple 1 to 2 days 3 to 5 days

Tangerines 2 to 3 days 1 week

Watermelon Uncut 6 to 8 days

watermelon can
be stored at
room
temperature for a
few days

27
 Vegetables
Canned opened - 3 days Do not store in the
Vegetables opened can. Store in
airtight container.
Beets, carrots 2 weeks 8 to 12
months
Beans, 3 to 6 days 8 to 12
broccoli, lima months
beans, peas,
summer
squash
Cabbage 1 week Do not To watery to freeze well
freeze
Cauliflower 1 week 8 to 12
months
Corn Use immediately 8 to 12
for best flavour months

Green onions 3 to 5 days Do not Become limp

freeze
Lettuce and 1 week Do not Too watery; becomes limp
salad greens freeze
Mushrooms 1 to 2 days 8 to 12 Slice thinly and sauté first,
months otherwise they become
rubbery and lose flavour

Tomatoes 3 to 4 Cut in wedges, freeze in

months usable portions in freezer
bags. Use in cook dishes.

Dairy and Eggs

Dairy & Eggs
Dairy
Butter 1 to 3 months 6 to 9 Leave in original
months wrapping; overwrap well

Milk 7 days 1 month Allow room for expansion in

freezer container; thaw in
refrigerator. Freezing affects
flavour and appearance; use
in cooking and baking.

28
 Sour cream 7 to 21 days Doesn't freeze Separates when thawed

Yogurt 7 to 14 days 1 to 2 Texture changes

months

Eggs
Fresh, in shell 3 to 5 weeks Don't Shells break; eggs lose
freeze quality
Raw whites 2 to 4 days 1 year Gently stir whites together;
freeze in ice cube trays;
remove blocks to plastic
freezer bag when solid. Each
contains about 2
tablespoons. 1 cube - 1 egg
white.

Raw yolks 1 week Don't freeze Yolks can clump

well

Fruit and Beverages

Fruit Beverages
Juices in 3 weeks unopened 8 to 12
cartons, fruit 7 to 10 days months
drinks, punch opened

Meats
Meats
Deli & Vacuum-Packed Products

Store-prepared 3 to 5 days Doesn't

(or homemade) freeze well
egg, chicken,
ham, tuna,
macaroni salads
Bacon & Sausage
Bacon 7 days 1 month Leave unopened in original
wrapping; over wrap well

29
Sausage, fresh; raw 1 to 2 days 1 to 2 Over wrap packages well
from chicken, months
turkey, pork, beef
Ham, Corned Beef
Corned beef, in 5 to 7 days Drained, 1
pouch with month
pickling juices
Ham, fully cooked date marking on 1 to 2
vacuum sealed at package months
plant, dated,
unopened
Ham, fully cooked, 7 days 1 to 2
whole months
Ham, fully cooked, 3 to 5 days 1 to 2
half months
Ham, fully cooked, 3 to 4 days 1 to 2
slices months
Hamburger, Ground
Hamburger, ground 1 to 2 days 3 to 4 Remove from supermarket
beef months wrapping; wrap well in
freezer plastic wrap; over
wrap with heavy-duty
aluminium foil

Ground turkey, veal, 1 to 2 days 3 to 4 Remove from supermarket

pork, lamb & months wrapping; wrap well in
mixtures of them freezer plastic wrap; over
wrap with heavy-duty
aluminium foil

Fresh Beef, Veal, Lamb, Pork

Steaks 3 to 5 days 6 to 12 Wrap pieces individually,
months then over wrap tightly

Chops 3 to 5 days 4 to 6 Wrap pieces individually,

months then over wrap tightly

Roasts 3 to 5 days 4 to 12 Wrap pieces individually,

months then over wrap tightly

Meat Leftovers
Cooked meat and 3 to 4 days 2 to 3
meat casseroles months

30
 Gravy and meat 1 to 2 days 2 to 3
broth months
Fresh Poultry
Chicken, turkey, or 1 to 2 days 1 year Keep in original
duck, whole packaging
Chicken or turkey, 1 to 2 days 9 months Over wrap well
pieces
Giblets 1 to 2 days 3 to 4
months

Sea Food
Seafood and Fish
Fish
Lean fish (cod, 1 to 2 days 6 months remove from light
flounder, haddock, supermarket wrap; wrap
sole, etc.) well or use ice method
below.

8. Legislation and other sources of information

The following legislation has been taken into consideration when drafting this document.

a) Consumer Protection Act, 2008 (Act No 68 of 2008).

b) R146 of March 2010, Foodstuff, Cosmetics and Disinfectants, 1972 (Act No 54 of 1972) –
Regulations relating to labelling and advertising of foodstuffs.

c) R638 of 22 June 2018, FOODSTUFFS, COSMETICS AND DISINFECTANTS ACT, 1972 (ACT 54
OF 1972) - Regulations relating to general hygiene requirements for food premises, the

transport of food and related matters.

31
References Other sources

a) World Resources Institute. Food Loss and Waste Accounting and Reporting Standard.

2016. Online [Available:

https://flwprotocol.org/wp-content/uploads/2019/03/FLW_Standard_Exec_Summary.pdf].

b) French Guideline (Federal Agency for the Safety of the Food Chain. 2013. Circular
concerning the requirements applicable to foodbanks and charity organisations. Online:
[Available:
http://www.afsca.be/professionelen/levensmiddelen/omzendbrieven/_documents/
2013_08_02_BAetAC_ENdef.pdf].
c) Clemson University Cooperative Extension Service and Oregonian FOODday Online.

[Available: https://fayette.osu.edu/sites/fayette/files/imce/Program_Pages/SNAP-Ed/Guide
%20to%20Safely%20Store%20Foods.pdf].

d) STATISTICS SOUTH AFRICA. 2019. Statistical release P0302 2000, Aids, Mid-year p.
Statistical Release P0302. Pretoria: Statistic South Africa.

e) World-Wide fund, Food Loss and Waste: Facts and Futures, 2017
f) Medina, V., Wynter, M., Cosper, S., Rodriguez, G., Gebhart, D. Hunter, S. & Kemme, P.

(2014). Army Net Zero Program Composting Assessment for Organic Solid Waste at Fort.

FAO

http://www.fao.org/platform-food-loss-waste/food-waste/food-waste-reduction/country-level-
guidance/en/

The EU has guidance on food donations includes guidance on the use of foods past Best Before date
https://ec.europa.eu/food/sites/food/files/safety/docs/fw_eu-actions_food-donation_eu-

guidelines_en.pdf

32
Redistribution of surplus food: Examples of practices in the Member States EU Platform on Food

Losses and Food Waste May 2019

https://ec.europa.eu/food/sites/food/files/safety/docs/fw_eu-actions_food-donation_ms-practices-

food-redis.pdf

For any comments following this Guideline, kindly inform FSI @ fsiservices@cgcsa.co.za.

33
Annexure A: Date Marking definitions
R.146/2010 – General labelling and advertising
regulations
Regulations currently in effect –
Department of Health
Definitions
“date of minimum durability” (“Best
Before” or “Best Before End”) means the
date which signifies the end of the
period under any stated storage
conditions during which the product
will remain fully marketable and will
retain any specific qualities for which
tacit or express claims have been
made. However, beyond the date the
food may still be perfectly satisfactory;”
“sell by” or “display until” means the
last date of offer for sale to the
consumer after which there remains a
reasonable storage period at home;
“use by” (“Best Consumed Before”,
“Recommended Last Consumption
Date”, “Expiry Date”) means that date
which signifies the end of the
estimated period under the stated
storage conditions, after which t h e
R.1510/2019 – Dairy products and Imitation Dairy products Second draft regulations for Tea and Related
regulations
Regulations currently in effect – Department of Agriculture, Regulations in draft format – Department of
Land Reform & Rural
Development
Definitions
“best before date” or “best quality before date”
means the date which signifies the end of the
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;”
“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;”
Products – 11 Nov 2019
Agriculture, Land Reform & Rural
Development
Definitions
"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;
"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.
Codex Alimentarius adopted at 41st Session
July 2018
The following is the discussion that took place and adopted at
the 41st Session of the CAC, regarding the Revision of the
General Standard for the Labelling of Pre-packaged Foods
(CXS 1-1985): Date Marking.
The Commission noted the view expressed by one
delegation, though not opposed to the adoption of the
revised text:
• The definition of “best before date” and “best quality
before date” required further consideration to reduce
the risk of confusing consumers.
• A Member proposed a rewording of footnote 2 in the
section 4.7 on date-marking to provide more flexibility at
the national level when establishing a list of exceptions
from date- marking.
• The Russian Federation reiterated its reservation
raised at CCFL44, in particular regarding section 4.7 (vii).
2
• The CCFL had reached consensus, except for the
reservation of the Russian Federation, that:
26
product probably will not have the (i) the terms “best before date” and “best quality
quality attributes normally expected before date” were supported by CCFL,
(ii) “best before date” was already contained in the
by the consumers and after which
date-marking section of the General Standard for
date the food should not be the Labelling of Pre-packaged Foods (CXS1-1985),
regarded as marketable;” and the proposed revision would clarify their definition;
and (iii) section 4.7
(vii) provided flexibility to national authorities in
determining exemptions suitable for their
countries. Conclusion 25.
The Commission: (i) adopted the draft revision of the
General Standard for the Labelling of Pre-packaged
Foods: Date Marking as follow:

DEFINITION OF TERMS: For use in Date Marking

of pre-packaged food:
“Date of Manufacture” means the date on which
the food becomes the product as described. This is
not an indication of the durability of the product.
“Date of Packaging” means the date on which the
food is placed in the immediate container in which it
will be ultimately sold. This is not an indication of the
durability of the product.
“Best Before Date” or “Best Quality Before Date”
means the date which signifies the end of the 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.
“Use-by Date” or “Expiration Date” means the date,
which signifies the end of the period
under any stated storage conditions, after

27
which the product should not be sold or consumed
due to safety and quality reasons.
4.7. Date marking and storage instructions
4.7.1 If not otherwise determined in an individual
Codex standard, the following date marking shall
apply, unless clause 4.7.1(vii) applies:
(i) When a food must be consumed before
a certain date to ensure its safety and quality the “Use
by Date” or “Expiration Date” shall be declared.

(ii) Where a “Use-by Date” or “Expiration Date”

is not required, the “Best-Before Date” or “Best
Quality-Before Date” shall be declared.

(iii) The date marking should be as follows:

• On products with a durability of not more than
three months; the day and month shall be declared
and in addition, the year when competent
authorities consider consumers could be misled.
• On products with a durability of more than
three months at least the month and year shall be
declared.
(iv) The date shall be introduced by the words:
• “Use-by ” or “Expiration Date ” or “Best before ” or
“Best Quality Before ” as applicable where the day is
indicated; or
• “Use-by end ” or “expiration date end ” or “Best
before end ”; or “Best Quality Before end ” as
applicable in other cases.
(v) The words referred to in paragraph (iv) shall be
accompanied by:
• either the date itself; or
• a reference to where the date is given.

28
29
 (vi) The day and year shall be declared by un-
coded numbers with the year to be denoted by 2 or
4 digits, and the month shall be declared by letters
or characters or numbers. Where only numbers are
used to declare the date or where the year is
expressed as only two digits, the competent
authority should determine whether to require the
sequence of the day, month, year, be given by
appropriate abbreviations accompanying the date
mark (e.g. DD/MM/YYYY or YYYY/DD/MM).
(vii) Provided that food safety is not
compromised, the provision in 4.7.1 (i) or 4.7.1
(ii) is not required for a food if one or more of the
following criteria apply:
1. Where safety is not compromised and quality
does not deteriorate because the nature of the food
is such that it cannot support microbial growth (e.g.
alcohol, salt, acidity, low water activity under
intended or stated storage conditions;
2.Where the deterioration is clearly evident by physical
examination at the point of purchase, such as raw fresh
produce that has not been subject to processing
and presented in a manner that is visible to the
consumer;
3.Where the key/organoleptic quality aspects of the
food are not lost;
4.Where the food by its nature is normally
consumed within 24 hours of its manufacture, such
as some bakers’ or pastry-cooks’ wares. For
example, foods such as:
• fresh fruits and vegetables, including tubers,
which have not been peeled, cut or similarly treated;

30
31
 • wines, liqueur wines, sparkling wines, aromatized
wines, fruit wines and sparkling fruit wines;
• alcoholic beverages containing at least 10% alcohol
by volume;
• bakers’ or pastry-cooks’ wares which, given the
nature of their content, are normally consumed
within 24 hours of their manufacture;
• vinegar;
• non-iodized food grade salt;
• non-fortified solid sugars;
• confectionery products consisting
of flavoured and/or coloured sugars;
• chewing gum.
In such cases, the “Date of Manufacture” or the “Date of
Packaging” may be provided.

(viii) A “Date of Manufacture” or a “Date of

Packaging” may be used in combination with
4.7.1 (i) or (ii). It shall be introduced with the
words “Date of Manufacture” or “Date of
Packaging”, as appropriate, and use the format
provided in clause 4.7.1(vi).

4.7.2 Any special conditions for the storage of

the food shall be declared on the label where they
are required to support the integrity of the food
and, where a date mark is used, the
validity of the date depends thereon.
31
ANNEXURE B: Date Marking Requirements and Global definitions

Current Date Marking Requirements

The general labelling and advertising regulations (R.146/2010) prescribe that date marking is

mandatory on all foodstuffs, with only exemptions to this rule (Annexure 4, R.146/2010). The date
marking may not be removed or altered by any person and there are specific definitions and forms in

which the dates must be displayed in a certain format (See regulation 1 for definitions and regulation
12 for date marking requirements, R.146/2010).

Global Updates to Date Marking Definitions

As reducing food waste is a global priority area, as outlined by the United Nation’s Sustainable
Development Goal 12.3, date marking has been reviewed at Codex Alimentarius (Codex) level to

ensure that date marking practices do not contribute to food waste. As a well-recognised global
standard setting body, many countries including South Africa look to Codex to inform updates to

local regulations. Codex have recently updated and adopted the following date marking definitions
(Codex Alimentarius Commission, July 2018):