FOOD CONTROL: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Food Control (Food Safety Alerts and Food Recall Procedures) Regulations
Food Control (Inspections and Investigations of Food at Food Premises) Regulations
Food Control (Maximum Levels of Aflatoxins in Food) Regulations
Food Control (Maximum Levels of Melamine in Food) Regulations
Labelling of Food Additives Regulations
Labelling of Prepackaged Foods Regulations
Marketing of Foods for Infants and Young Children Regulations
">LABELLING OF PREPACKAGED FOODS REGULATIONS
(section 13(1))
(11th April, 2003)
ARRANGEMENT OF REGULATIONS
REGULATION
PART I
Preliminary
1. Citation
2. Interpretation
3. Application
4. General principles
PART II
Mandatory labelling requirements
5. Information on label of prepackaged foods
6. Name of the food
7. List of ingredients
8. Net contents and drained mass
9. Name and address of manufacturer, etc.
10. Country of origin
11. Lot identification
12. Date marking and storage instructions
13. Instructions for use
14. Quantitative labelling of ingredients
15. Bulk stock
16. Exemption from mandatory labelling requirements
17. Optional labelling
18. Grade designations
PART III
Presentation of mandatory information
19. Presentation of information
20. Language
21. Size of lettering
22. Exemptions
23. Offences and penalties
First Schedule
Second Schedule
S.I. 83, 2002,
S.I. 15, 2003.
PART I
Preliminary (regs 1-4)
These Regulations may be cited as the Labelling of Prepackaged Foods Regulations.
In these Regulations, unless the context otherwise requires—
"Act" means the Food Control Act (Cap. 65:05);
"address" means a business address in Botswana and includes the number of the plot, name of street or road and the name of the city, town or village, and in the case of imported food, address means the address of the manufacturer or supplier or importer thereof;
"best before date" 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;
"claim" means any representation which states, suggests or implies that a food has particular qualities relating to its origin, nutritional properties, nature, processing, composition or any other quality;
"compound ingredient" means an ingredient which is itself composed of two or more ingredients;
"container" means—
(a) any package of food for delivery as a single item, which completely or partially encloses the food, and includes wrappers; or
(b) several units or types of packages of food when such units or packages are offered to the consumer;
"expiry date" (use-by date) means the date which signifies the end of the estimated period under any stated storage conditions, after which the product is unlikely to have quality attributes normally expected by the consumers, and after which date, the food should not be regarded as marketable;
"food additive" means any substance not normally consumed as a food by itself and not normally used as a typical ingredient of the food, whether or not it has nutritive value, the intentional addition of which to food for a technological (including organoleptic) purpose in the manufacture, processing, preparation, treatment, packing and packaging, transport or holding of such food, results, or may be reasonably expected to result, (directly or indirectly) in it or its by-products becoming a component of, or otherwise affecting the characteristics of, such foods, but the term does not include contaminants or substances added to food for maintaining or improving nutritional qualities;
"food for catering purposes" means those foods for use in restaurants, canteens, schools, hospitals and similar institutions where food is offered for immediate consumption;
"ingredient" means any substance including a food additive, used in the manufacture or preparation of food and present in the final product although possibly in a modified form;
"label" means any tag, brand, mark, pictorial or other descriptive matter, written, printed, stencilled, marked, embossed, or impressed on, or attached to or included in, belonging to, or accompanying any food, or any package containing food;
"lot" means the definitive quality of a commodity produced essentially under the same conditions;
"prepackaged" means packaged or made up in advance in a container ready for offer to the consumer or for catering purposes;
"processing aid" means a substance or material not including apparatus or utensils and not consumed as a food ingredient by itself, intentionally used in the processing of raw materials, foods or its ingredients to fulfil a certain technological purpose during treatment or processing and which may result in the non-intentional but unavoidable presence of residues or derivatives in the final product; and
"sell-by date" means the last date of offer for sale to the consumer after which there remains a reasonable storage period in the home.
These Regulations apply to prepackaged food imported into, sold, distributed or manufactured in Botswana.
(1) No person shall—
(a) import, distribute, sell or offer for sale prepackaged food unless it is labelled in accordance with the provisions of these Regulations;
(b) import, distribute, sell or offer for sale, any food—
(i) whose expiry date has lapsed,
(ii) whose expiry date, best before date, or sell by date has been obliterated or forged, or
(iii) whose label has been altered, obliterated or removed;
(c) describe or present prepackaged food on any label or in a labelling manner which is false, misleading, deceptive or is likely to create an erroneous impression regarding its character in any respect; or
(d) describe or present prepackaged food on any label or in any labelling by words, pictorial or other devices which refer to or are suggestive either directly or indirectly, of any other product which such food might be confused with, or in such a manner as to lead the purchaser or consumer to suppose that the food is connected with such other product.
(2) Where a claim is made that a food is suitable or has been specially made for fulfilling a particular nutritional requirement, that claim shall comply with nutritional labelling regulations.
PART II
Mandatory labelling requirements (regs 5-18)
5. Information on label of prepackaged goods
Except to the extent otherwise provided in other regulations published under the Act, the following information shall appear on the label of prepackaged food as applicable to the food being labelled—
(a) the name of the food;
(b) the list of ingredients in it;
(c) the net contents and drained mass;
(d) the name and address of the manufacturer, packer, distributor, importer, exporter or supplier;
(e) the country of origin of the food;
(f) lot identification;
(g) date marking and storage instructions;
(h) the instructions for use;
(i) quantitative labelling of ingredients in accordance with regulation 14; and
(j) where the Government has established grades for a particular food product, the grade designation.
(1) The name of prepackaged food shall be declared on the label, shall indicate the true nature of the food and shall be specific and not generic in accordance with these Regulations.
(2) Where a name has been established for a food in regulations published under the Act, that name shall be used.
(3) In the absence of a specific name for the food, a common or usual name, existing by common usage as an appropriate descriptive term which shall not be misleading or confusing to the consumer shall be used.
(4) There shall appear on the label, either in conjunction with or in close proximity to, the name of the food, such additional words or phrases as are necessary to avoid misleading or confusing the consumer in regard to the true nature and physical condition of the food including, but not limited to the type of packaging medium, style and the condition or type of treatment it has undergone, for example whether it is dried, concentrated, reconstituted or smoked.
(5) A coined, fanciful, brand name, or trade mark may be used on the label of any food provided that it accompanies one of the names provided in subregulations (1), (2) and (3).
(1) Except for single ingredient foods, a list of ingredients shall be declared on a label placed on any food.
(2) The list of ingredients shall be headed or preceded by an appropriate title which consists of or includes the term ingredient.
(3) All ingredients in any food shall be listed in descending order of ongoing proportion by mass at the time of manufacture of the food.
(4) Where an ingredient is itself the product of two or more ingredients, the compound ingredient shall be declared as such in the list of ingredients in the food and shall be accompanied by a list in brackets of its ingredients in descending order of proportion by mass.
(5) Water added to any food shall be declared in the list of ingredients except where the water forms part of an ingredient, such as brine, syrup or broth, used in any compound food and declared as such in the list of ingredients.
(6) Water or other volatile ingredients evaporated in the course of the manufacture of food need not be declared.
(7) In the case of dehydrated or condensed foods which are intended to be reconstituted by the addition of water only, the ingredients may be listed in order of proportion by mass in the reconstituted product when prepared in accordance with the directions on the label.
(8) A specific name shall be used for ingredients in the list of ingredients in accordance with the provisions set out in regulation 6 except that—
(a) the class names used for ingredients shown in the First Schedule, may be used for the ingredient falling within the classes therein;
(b) notwithstanding paragraph (a), pork fat, lard and beef shall always be declared by their specific names;
(c) in the case of food additives falling in the respective classes and appearing in lists of food additives permitted for use in foods generally, the following class titles shall be used together with the specific name or recognised numerical identification—
(i) acidity regulator,
(ii) acids,
(iii) anti-caking agent,
(iv) anti-foaming agent,
(v) antioxidant,
(vi) bulking agent,
(vii) colour,
(viii) colour retention agent,
(ix) emulsifier,
(x) emulsifying salt,
(xi) firming agent,
(xii) flour treatment agent,
(xiii) flavour enhancer,
(xiv) foaming agent,
(xv) gelling agent,
(xvi) glazing agent,
(xvii) humectants,
(xviii) preservative,
(xix) propellant,
(xx) raising agent,
(xxi) stabiliser,
(xxii) sweetener, and
(xxiii) thickener;
(d) the following class titles of food additives may be used for food additives following in the representative classes of food additives and appearing in lists of food additives permitted generally for use in foods—
(i) flavours and flavourings, and
(ii) modified starches; and
(e) the expression "flavours" may be qualified by "natural", "nature identical", or "artificial".
(9) A food additive that is carried over from raw materials into food in a quantity sufficient to perform a technological function in that food when it is used, shall be included in the listed ingredients.
(10) A food additive or a processing aid that is carried over from raw materials into food in a quantity not sufficient to perform a technological function in that food when it is used is exempt from declaration in the list of ingredients.
(11) The following foods and ingredients which are known to cause hypersensitivity to certain individuals, shall always be declared—
(a) cereals containing gluten i.e. wheat, rye, barley, oats, or their hybridised strains and products;
(b) crustacea and crustacea products;
(c) eggs and egg products;
(d) fish and fish products;
(e) peanuts and peanut products, soy beans and soy bean products;
(f) milk and milk products including lactose;
(g) tree nuts and nut products; and
(h) sulphite in concentrations of 10mg/kg or more.
8. Net contents and drained mass
(1) The net contents of food shall be declared in the metric system or International System of units (hereinafter referred to as S.I. units) and in the following manner—
(a) for liquid food, by volume or mass;
(b) for solid food, by mass; and
(c) for semi-solid or viscous food, either by mass or volume.
(2) Food packed in a liquid medium shall carry a declaration in the metric system or SI units of the drained mass of the food.
(3) For the purposes of this regulation, liquid medium means water, aqueous solutions of sugar or salt, fruit or vegetable juices in canned fruit or canned vegetables only, or vinegar.
9. Name and address of manufacturer, etc.
The name and address of the manufacturer, packer distributor, importer, exporter or supplier of any food shall be declared on the label.
(1) The country of origin of prepackaged food shall be declared on the label.
(2) Where a food undergoes processing which changes it in nature, in a country where the initial stages of its manufacture or production did not take place, the country in which such processing is performed shall be regarded as the country of origin for the purposes of labelling:
Provided that—
(a) at least 25% of the production costs of the food is represented by materials and labour performed in that country; and
(b) the last process in the production or manufacture of the food has taken place in that country.
Each container shall be embossed or otherwise permanently marked in code or in clear print to identify the producing factory and the lot of the prepackaged food.
12. Date marking and storage instructions
(1) Where it is not otherwise provided for in other regulations published under the Act, any of the following date markings shall apply—
(a) "best before";
(b) "sell by"; or
(c) "use by", "expiry", or "exp".
(2) The words referred to in subregulation (1)(a), (b) and (c) shall be accompanied by either the—
(a) best before date, sell by date or expiry date, as the case may be; or
(b) a reference to where the date is given on the label of the prepackaged food.
(3) The best before date, sell by date or expiry date, as the case may be, shall consist of at least the following information—
(a) for food with a shelf life of not more than three months, the day, month and year; and
(b) for food with a shelf life of more than three months, the month and year; and where the applicable month is December, it shall be sufficient to indicate the year.
(4) The best before date, sell by date or expiry date, as the case may be, shall be declared in encoded numerical sequence except that the month may be shown after the day in words by the first 3 letters of the month.
(5) The expiry date shall be treated as the date after which food shall not be regarded as marketable or fit for human consumption.
(6) Notwithstanding the provisions of this regulation, date marking shall not be required for—
(a) fresh fruit and vegetables, including potatoes, which have not been peeled or similarly treated;
(b) wines;
(c) beverages containing 10% or more by volume, of alcohol;
(d) bakers or pastry-cooks wares which, given the nature of their content, are normally consumed within 24 hours of their manufacture;
(e) vinegar;
(f) food grade salt;
(g) solid sugars;
(h) confectionary products consisting of flavours or coloured sugars; or
(i) chewing gum.
(7) In addition to the date marking, any special conditions for the storage of food shall be declared on the label if the validity of the date depends thereon.
Instructions for use, including reconstitution, where applicable, shall be included on the label to ensure correct utilisation of food.
14. Quantitative labelling of ingredients
(1) Where the labelling of a food places special emphasis on the presence of one or more valuable or characterising ingredients, the percentage of the ingredient by mass in the final product shall be declared.
(2) Where the labelling of food places special emphasis on the low content of one or more ingredients, the percentage of the ingredient by mass in the final product shall be declared.
(3) A reference in the name of a food to a particular ingredient shall not of itself constitute the placing of special emphasis.
(4) A reference in the labelling of food to an ingredient used in a small quantity and only as a flavouring shall not of itself constitute the placing of special emphasis.
(1) Where food is sold from bulk stock, the bulk stock container shall be labelled in accordance with the requirements for individually labelled food, and the lettering shall be legible and placed conspicuously on the container.
(2) Subregulation (1) shall not apply where the contents of the bulk container are individually packed and labelled in accordance with the requirements for individually labelled food.
16. Exemption from mandatory labelling requirements
With the exception of spices and herbs, small packaged units where the largest surface area is less than 10 cm2"/> shall be exempt from the requirements of regulations 7, 11 and 13.
Any information, pictorial device or written, printed or graphic matter, may be displayed on the labelling provided that it is not in conflict with the requirements stated under regulation 4.
Where grade designations are used, they shall be readily understandable and shall not be misleading or deceptive in any way.
PART III
Presentation of Mandatory Information (regs 19-23)
19. Presentation of information
(1) Labels on prepackaged foods shall be applied so as not to allow them to become easily separated from the container.
(2) Statements required to appear on the label by virtue of these Regulations or any other regulations shall be—
(a) conspicuous;
(b) indelible; and
(c) legible.
(3) Where the container is covered by a wrapper, the wrapper shall carry the necessary information of the label on the container which shall be readily legible through the outer wrapper.
(4) The name and net contents of the food shall appear in a prominent position on the label and shall be conspicuously printed on the label and in the same field of vision.
(1) The information required to appear on a label shall be in English or Setswana.
(2) Where the language on the original label on prepackaged food does not include English or Setswana, a supplementary label containing the mandatory information in English or Setswana shall be used instead of relabelling the food.
(3) In the case of either re-labelling or supplementary labelling of prepackaged food, the mandatory information provided shall fully and accurately reflect that of the original label.
(1) The name of the prepackaged food shall appear on the main panel of the label in letters not less than 4mm in height, but in the case of soft drinks in returnable bottles with embossed labels the name may be on the cap in letters not less than 1.5mm in height.
(2) Special storage conditions where applicable shall be printed in letters not less than 3mm in height.
(3) The information required to appear on a label in terms of the Act shall be in letters not less than 1mm in height;
(4) The size of lettering prescribed in subregulation (1) shall apply to packages of which the main panel of the package exceeds an area of 12000mm2.
(5) Where the area of the main panel of the label on prepackaged food does not exceed an area indicated under column I of the Second Schedule but exceeds the next smaller area listed under the column, the information on the package may be reflected in letters with a height of not less than the proportion indicated in the corresponding line of column II of the Second Schedule, but the minimum height to which the letters may be reduced shall be 0.75mm.
(6) Words which qualify the name of any food or are an essential part of the description of the food shall be reflected in immediate proximity to the name and in prominent letters not less than one third of the size of the name of that food.
(7) Prescribed listing of ingredients and proportions of ingredients in any food shall be printed in uniform size and prominently displayed on the package but the initial letter of a word may be larger than the rest of the letters of the word.
Notwithstanding anything contained in these Regulations, the Minister may, by notice in writing, exempt any person from compliance with any provision of these Regulations.
(1) A person who imports, distributes, sells, offers for sale or otherwise supplies food contrary to the provisions of these Regulations commits an offence and is liable—
(a) for a first offence, to a fine of P1 000 and to imprisonment for 3 months, and where the offence is a continuing offence, to an additional fine of P500 and imprisonment for one month for each day that the offence continues; and
(b) for a second or subsequent offence, to a fine of, P5000 and to imprisonment for 6 months, and where the offence is a continuing offence, to an additional fine of P2 000 and imprisonment for two months for each day on which the offence continues.
(2) Upon the conviction of any person for an offence under these Regulations, the court may, in addition to any other penalty which it may lawfully impose, cancel or suspend any licence issued to such person which is relevant to the offence committed.
FIRST SCHEDULE
CLASS NAMES TO BE USED FOR INGREDIENTS
(regulation 1(8)(a))
Name of classes | Class Names Used |
Refined oils other than olive | "Oil" together with either the term "vegetable" or "animal", qualified by the term "hydrogenated" or "partially hydrogenated", as appropriate |
Refined fats | "Fat" together with either the term "vegetable" or "animal", as appropriate |
Starches, other than chemically modified starches | "Starch" |
All species of fish where the fish constitutes an ingredient of another food and provided that the labelling and presentation of such food does not refer to a species of fish | "Fish" |
All types of poultry meat where such meat constitutes an ingredient of another food and provided that the labelling and presentation of such a food does not refer to a specific type of poultry meat | "Poultry meat" |
All types of cheese where the cheese or mixture of cheeses constitutes an ingredient of another food and provided that the labelling and presentation of such a food does not refer to a specific type of cheese | "Cheese" |
All spices and spice extract not exceeding 2% by mass either singly or in combination in the food | "Spice" or "mixed spices", as appropriate |
All herbs or part of herbs not exceeding 2% by weight either singly or in combination in the food | "Herbs" or "mixed herbs", as appropriate |
All types of gum preparations used in the manufacture of gum base for chewing gum | "Gum base" |
All types of sucrose | "Sugar" |
Anhydrous dextrose and dextrose monohydrate | "Dextrose" or "glucose" |
All types of caseinate | "Caseinates" |
Press, expeller, or refined cocoa butter | "Cocoa butter" |
All crystallised fruit not exceeding 10% mass of the food | "Crystallised fruit" |
SECOND SCHEDULE
SIZE OF LETTERING APPEARING ON THE LABEL OF PREPACKAGED FOOD
(regulation 21(5))
I | II |
12 000 | 85 |
8 000 | 70 |
5 000 | 50 |
3 000 | 25 |
">FOOD CONTROL (MAXIMUM LEVELS OF AFLATOXINS IN FOOD) REGULATIONS
(section 13)
(8th April, 2011)
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation
2. Interpretation
3. Maximum levels of aflatoxins in food
4. Sampling
5. Penalties
S.I. 33, 2011.
These regulations may be cited as the Food Control (Maximum Levels of Aflatoxins in Food) Regulations.
In these Regulations, unless the context otherwise requires—
"aflatoxins" means a group of toxic compounds produced by certain moulds that contaminate stored food supplies such as grains, animal feed and peanuts; and
"further processing" means processing of raw shelled peanuts intended for direct human consumption.
3. Maximum levels of aflatoxins in food
(1) All foods ready for human consumption shall not contain more than 10 micrograms per kilogram of aflatoxin, of which aflatoxin B1 shall not be more than 5 micrograms per kilogram.
(2) Notwithstanding the provisions of subregulation (1), peanuts intended for further processing shall not contain more than 15 micrograms per kilogram of aflatoxin.
(3) Milk shall not contain more than 0.05 micrograms per litre of aflatoxin M1.
The sampling plan for the analysis of total aflatoxins in foods to be used for enforcement and control in terms of these Regulations shall be in accordance with the provisions laid down by the joint Food and Agricultural Organisation or World Health Organisation and Food Standards Programme's Codex Alimentarius Commission.
(1) A person who produces, sells, distributes, markets, imports or exports any food which contains aflatoxins above the maximum levels prescribed by these Regulations commits an offence and is liable—
(a) for a first offence, to a fine not exceeding P1 000 or to imprisonment for a term not exceeding three months, and where the offence is a continuing offence, to an additional fine not exceeding P500 or imprisonment for a term not exceeding one month for each day on which the offence continues; and
(b) for a second or subsequent offence, to a fine not exceeding P5 000 or to imprisonment for a term not exceeding six months, and where the offence is a continuing offence, to an additional fine not exceeding P2 000 or imprisonment for a term not exceeding two months for each day on which the offence continues.
(2) Notwithstanding the provisions of subregulation (1), the Board may recommend to the Minister, any other action to be taken against any manufacturer, distributor, health worker or other persons who contravenes the provisions of these Regulations.
(3) Where a person has been convicted of an offence under these Regulations, the court may cancel, or suspend any licence issued to that person which is relevant to the offence committed.
(4) Where a person has been convicted of an offence under these Regulations, the court may order that any article relevant to the offence be forfeited and that it be destroyed or otherwise disposed of, as the court deems fit.
">LABELLING OF FOOD ADDITIVES REGULATIONS
(under section 13(1))
(11th April, 2003)
ARRANGEMENT OF REGULATIONS
REGULATION
PART I
Preliminary
1. Citation
2. Interpretation
3. Application
4. General Principles
PART II
Labelling requirements of prepackaged food additives
5. Information on label
6. Name of food additive
7. List of ingredients
8. Net contents of food additives
9. Name and address of manufacturer, etc
10. Country of origin
11. Lot identification
12. Date marking of food additives
13. Instructions on keeping and use
PART III
Presentation of mandatory information
14. Presentation of information
15. Language
16. Optional labelling
17. Exemptions
18. Offences and penalties
S.I. 83/2002,
S.I. 84, 2002,
S.I. 16, 2003.
PART I
Preliminary (regs 1-4)
These Regulations may be cited as the Labelling of Food Additives Regulations and shall come into effect on 11th April, 2003.
In these Regulations, unless the context otherwise requires—
"Act" means the Food Control Act (Cap. 65:05);
"container" means any form of packaging of food additives for sale as a single item, whether by completely or partially enclosing the food additives, and includes wrappers;
"contaminant" means any substance not intentionally added to food, which is present in such food as a result of the production (including operations carried out in the crop husbandry, animal husbandry and veterinary medicine), manufacture, processing, preparation, treatment, packing, packaging, transportation or holding of such food or as a result of environmental contamination;
"food additive" means any substance not normally consumed as food by itself and not normally used as a typical ingredient of the food, whether or not it has nutritive value, the intentional addition of which to food is for a technological, including organoleptic, purpose in the manufacture, processing, preparation, treatment, packing, packaging, transportation or holding of such food results, or may be reasonably expected to result, (directly or indirectly) in it or to its by-products becoming a component of or otherwise affecting the characteristics of such foods, but does not include contaminants, or substances added to food for maintaining or improving nutritional qualities;
"ingredient" means any substance, excluding a food additive, used in the manufacture or preparation of a food and present in the final product;
"label" includes any tag, brand, mark, pictorial or other descriptive matter, written, painted, stencilled, marked, embossed or impressed on, or attached to, or included in, or belonging to, or accompanying any food, or any package containing food;
"lot" means the definitive quality of a commodity produced essentially under the same conditions;
"processing aid" means a substance or material not including apparatus or utensils and not consumed as a food ingredient by itself, intentionally used in the processing of raw materials, foods or its ingredients to fulfill a certain technological purpose during treatment or processing and which may result in the non-intentional but inevitable presence of residues or derivatives in the final product; and
"sale by retail" means any sale to a person buying otherwise than for the purpose of resale but does not include a sale to caterers for the purpose of their catering business or a sale to manufacturers for the purpose of their manufacturing business.
(1) These Regulations apply to the labelling of food additives sold as such whether by retail or other than by retail, including sales to caterers and food manufacturers for the purposes of their business.
(2) These Regulations shall also apply to food processing aids and any reference to food additives shall include food processing aids.
(1) Food additives shall not be described or presented on any label or in a labelling manner which is false, misleading or is likely to create an erroneous impression regarding their character in any respect.
(2) Food additives shall not be described or presented on a label or in any labelling by words, pictorial or other devices which refer to or are suggestive, either directly or indirectly, of any product with which such food additives might be confused, or in such a manner as to lead the consumer to suppose that the food additive is connected with or derived from such other product, but the term "x flavour" may be used to describe a flavour which is not derived from, but reproduces the flavour "x".
PART II
Information on label of prepackaged food additives (regs 5-13)
Except to the extent otherwise provided in other regulations published under the Act, the following shall appear on the label of prepackaged food additives as applicable to the food additive being labelled—
(a) the name of the food additive;
(b) the list of ingredients in the food additive;
(c) the net contents;
(d) the name and address of the manufacturer, packer, distributor, importer, exporter or supplier thereof;
(e) the country of origin of the food additive;
(f) the lot identification;
(g) date marking and storage instructions; and
(h) instructions for the use thereof.
(1) The name of each food additive present in any food shall be provided indicating the true nature of the food additive, and shall be specific and not generic in accordance with these Regulations.
(2) Where a name has been established for a food additive in regulations published under the Act, that name shall be used in relation to the food additive.
(3) In the absence of a specific name for the food additive, either a common or usual name, existing by common usage as an appropriate descriptive term which is not misleading to the consumer, shall be used in relation to the food additive.
(4) Where two or more food additives are present, their names shall be listed in order of the proportion by mass which each food additive bears to the total contents of the container, with the food additive present in the greatest proportion by mass being at the top of the list.
(5) In the case of mixtures of flavouring, the name of each flavouring present in the mixture need not be given, but the generic expression flavour or flavouring may be used together with a true indication of the nature of the flavour.
(6) Except in relation to flavour modifiers, but inclusive of herbs and spices, the generic expression flavour or flavouring may be qualified by the words natural, nature identical or artificial.
Ingredients of food additives shall be declared in the list of ingredients in descending order of their proportion by weight to the total contents of the container, with the ingredients contained in the greatest proportion appearing at the top of the list.
8. Net contents of food additives
The net contents of food additives shall be declared in the metric system or SI units and shall be in the following manner—
(a) for liquid additives, by volume or mass;
(b) for solid food additives, other than those sold in tablet form, by mass;
(c) for semi-solid or viscous food additives, either by mass or volume; and
(d) for food additives sold in tablet form, by mass together with the number of tablets in the package.
9. Name and address of manufacturer, etc.
The name and address of the manufacturer, packer, distributor, importer, exporter or supplier of the food additive shall be declared on the label.
(1) The country of origin of a food additive shall be declared on the label.
(2) Where a food additive undergoes processing in a second country which changes it in nature, the country in which the processing is performed shall be regarded as the country of origin for the purposes of labelling, provided that—
(a) at least 25% of the production costs of the food additive is represented by materials and labour performed in that country; and
(b) the last process in the production or manufacture of the food additive is represented by materials and labour performed in that country.
Each container of food additives shall be embossed or otherwise permanently marked in code or in clear print to identify the producing factory and the lot of the food additives.
12. Date marking of food additives
The labels of prepackaged food additives shall have a best before, sell by or expiry date marked on them in accordance with regulation 12 of the Labelling of Prepackaged Foods Regulations.
13. Instructions on keeping and using
(1) The words for food use or a statement substantially similar thereto shall appear in a prominent position on the label.
(2) Adequate information shall be given about the manner in which a food additive is to be kept and is to be used in food.
PART III
Presentation of mandatory information (regs 14-18)
14. Presentation of information
(1) Statements required to appear on the label of prepackaged food additives by virtue of these Regulations or any other regulations, shall appear so in a clear and prominent manner such that they are readily legible to the consumer.
(2) Information which is required to appear on the label of prepackaged food additives shall not be obscured by designs or by other written, printed or graphic matter and shall be on contrasting ground to that of the background.
(3) The letters in the name of the food additive shall be in a size reasonably related to the most prominent printed matter on the label.
(4) Where a container of food additives is covered with a wrapper, the wrapper shall carry the necessary information of the label on the container which shall be legible through the outer wrapper.
(5) The name and net contents of a food additive shall appear on that portion of the label normally intended to be presented to the customer at the time of sale.
(1) The information required to appear on any label shall be in either English or Setswana.
(2) Where the language on the original label does not include English or Setswana, a supplementary label containing the mandatory information in English or Setswana shall be used instead of re-labelling.
(3) In the case of either re-labelling or a supplementary label the mandatory information provided shall fully and accurately reflect that of the original label.
Any information or pictorial device may be displayed on labelling provided that it is not in conflict with the requirements stated under regulation 5 and would not mislead or deceive the consumer in any way in respect of the food additive.
Notwithstanding anything contained in these Regulations, the Minister may, by notice in writing, exempt any person from compliance with any provisions thereof.
(1) A person who contravenes the provisions of these Regulations commits an offence under the Act and is liable—
(a) for a first offence, to a fine of P1,000 and to imprisonment for 3 months, and where the offence is a continuing offence, to an additional fine of P500 and imprisonment for one month for each day on which the offence continues; and
(b) for a second offence or subsequent offence, to a fine of P5,000 and to imprisonment for 6 months, and where the offence is a continuing offence, to an additional fine of P2,000 and imprisonment for two months for each day on which the offence continues.
(2) On the conviction of any person for any offence under these Regulations, the court may, in addition to any other penalty which it may lawfully impose, cancel or suspend any licence issued to such person which is relevant to the offence committed.
">MARKETING OF FOODS FOR INFANTS AND YOUNG CHILDREN REGULATIONS
(under section 13(1))
(17th June, 2005)
ARRANGEMENT OF REGULATIONS
REGULATION
PART I
Preliminary
1. Citation and commencement
2. Interpretation
3. Application
PART II
Monitoring, Inspection, Stocking, etc.
4. Designation of monitors
5. Duties of monitors
6. Duties of authorised officers
7. Conditions for stocking, etc., foods for infants and young children or other designated products
PART III
Prohibition against Promotion, Advertising, etc.
8. Promotion, advertisement, etc., prohibited
9. Health workers prohibited from promoting, etc., foods for infants and young children
PART IV
Labelling, Warning, Preparation, etc.
10-12. ...
13. Labelling of other products sometimes used as foods for infants and young children
14. Labelling requirements for feeding bottles, etc.
PART V
Information and Educational Materials
15. Information and educational materials on infants and young children feeding
16. Information and educational materials on foods for infants and young children
PART VI
Offences and Penalties
17. Offences and penalties
18. Body corporate liability
S.I. 37, 2005,
S.I. 55, 2006.
PART I
Preliminary (regs 1-3)
These Regulations may be cited as the Marketing of Foods for Infants and Young Children Regulations, and shall come into operation on publication, with the exception of the parts of regulations 11, 12, and 15 relating to labelling in Setswana, which shall come into operation on the 1st July, 2007.
In these regulations, unless the context otherwise requires—
"Codex Alimentarius Commission" means the Joint Food Standards Programme of the Food and Agriculture Organisation of the United Nations and the World Health Organisation;
"Codex Standard" means the latest version of the relevant Codex Standard as issued by the Codex Alimentarius Commission;
"complementary food" means any food suitable for use to complement breast milk or infant formula or follow-up formula;
"container" means any packaging of foods for infants and young children and other designated products for delivery as a single unit and includes wrappers;
"designated products" includes—
(a) infant formula;
(b) formulas for special medical purposes intended for infants;
(c) follow-up formula;
(d) complementary foods;
(e) beverages for infants and young children;
(f) any product marketed or otherwise presented as suitable for feeding infants and young children;
(g) feeding bottles;
(h) teats;
(i) pacifiers or dummies;
(j) breast pumps;
(k) cups with spouts or similar receptacles for feeding infants and young children; and
(l) such other products as the Minister may, by notice published in the Gazette, designate.
"distributor" means a person engaged in the business, whether wholesale or retail, of marketing or distribution or sale of foods for infants and young children or any designated products, and includes any person engaged in the business of providing information, or public relations services in relation to foods for infants and young children or designated products;
"foods for infants and young children" means a group of food products distributed, marketed or otherwise represented as suitable for infants and young children including—
(a) infant formula;
(b) formulas for special medical purposes intended for infants;
(c) follow-up formula;
(d) complementary foods;
(e) any other product marketed or otherwise represented as suitable for feeding infants and young children;
"follow-up formula" sometimes referred to as "follow-on formula", means milk or a milk-like product of animal or vegetable origin industrially formulated in accordance with such regulations as the Minister may make and, in the absence of such regulations, in accordance with the Codex Standard for follow-up formula, distributed, marketed or otherwise represented as suitable for infants older than six months of age and young children;
"formula for special medical purposes intended for infants" means infant formula which is specially manufactured to satisfy the nutritional requirements of infants during the first months of life up to the introduction of complementary feeding when medically indicated;
"gift" includes designated product, meals and refreshments, diaries, stationery, calendars, cot tags, stickers, growth charts, prescription pads, tongue depressors or any free item of whatever value;
"health care facility" means any governmental, non-governmental or private institution or organisation engaged, directly or indirectly, in health care for mothers, infants, young children, pregnant women, and includes private practice, nurseries or childcare institutions; but does not include social welfare institutions;
"health worker" means any person working or training to work in a health care facility, whether or not that person is a professional or non-professional and includes voluntary or unpaid workers;
"infant" means a person from birth up to the age of 12 months;
"infant formula" means milk or a milk like product of animal or vegetable origin formulated industrially in accordance with such regulations as the Minister may make and, in the absence of such regulations, in accordance with the Codex Standard for infant formula intended to satisfy the nutritional requirements of infants from birth, and includes formula for special medical purposes ;
"manufacturer" means any person, corporation or other entity engaged, directly or indirectly, in the business of manufacturing food for infants and young children and other designated products;
"marketing" means promoting, distributing, selling, or advertising a designated product and includes product public relations and information services, including the use of professional service representatives such as mother craft nurses, or any person acting on behalf of a manufacturer or distributor;
"monitor" means a person appointed by the Permanent Secretary to carry out any exercise necessary to reveal contravention of these Regulations;
"promote" has the meaning assigned to it under regulation 8(1);
"sample" means a single or a small quantity of a food for infants and young children or a designated product provided without cost;
"social welfare institution" means any governmental or non-governmental organisation engaged, directly or indirectly, in providing for the social welfare of infants and young children, but does not include health care facilities;
"tie-in sales" means the sale of any designated product that is linked to a purchase of any other product including a designated product; and
"young child" means a person aged between 12 months and three years.
These Regulations apply to the marketing, and practices related thereto, of foods for infants and young children and other designated products, when imported into, marketed, distributed, sold or manufactured in Botswana.
PART II
Monitoring, Inspection, Stocking, etc. (regs 4-7)
(1) The Permanent Secretary may designate, as monitors, such number of persons he or she considers appropriate, who have undergone training on monitoring of violations of the International Code of the Marketing of Breastmilk Substitutes and these Regulations.
(2) The Permanent Secretary shall issue to any person designated as a monitor, a letter of appointment and the monitor shall have such letter in his or her possession when performing any function in terms of these Regulations.
(1) A monitor in exercise of his or her duties shall investigate, observe and record information regarding the marketing practices of manufacturers and distributors at any points of sale, health care facilities, border posts and offices, through media, institutions and elsewhere.
(2) A monitor may for the purpose of monitoring violations of these Regulations enter, at any time, any premises which are used for dealing in foods for infants and young children or other designated products and may—
(a) require any person in the premises to furnish any information including documents in his or her possession as the monitor may require;
(b) caution the person on the premises regarding any violations of these Regulations;
(c) seize any goods, or promotional materials or documents where the goods or promotional material or documents in question contravene these Regulations.
(3) A monitor shall, after monitoring under subregulation (1), submit a report in writing, in relation to his or her findings to the Board.
(4) In any proceedings under these Regulations, a report signed by a monitor shall be accepted as prima facie evidence of the facts stated therein.
(5) No monitor shall have any direct or indirect commercial interest in infant and young child feeding.
(6) A monitor, acting in accordance with these Regulations, shall if required by any person, provide proof of his or her authority.
(7) An owner, occupier or person in charge of any premises entered by a monitor shall give to the monitor all reasonable assistance and shall furnish him or her with such information as the monitor may reasonably require.
(8) No person may obstruct or impede a monitor in the course of performance of his or her duties.
(9) No person may knowingly make any false or misleading statement, either verbally or in writing, to any monitor engaged in carrying out his or her duties.
6. Duties of authorised officers
(1) An authorised officer shall implement these Regulations under the powers vested on him or her by the provisions of section 6 of the Food Control Act.
(2) No authorised officer shall have any direct or indirect commercial interest in infant and young child feeding.
7. Conditions for stocking, etc., foods for infants and young children or other designated products
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