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

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

PAGENO.

REGULATION STAKEHOLDER COMMENTS JUSTIFICATION DAFF COMMENTS

1 Heading Agricultural is misspelled;

Should read:“AGRICULTURAL PRODUCT STANDARDS ACT, 1990 (ACT No. 119 OF 1990)

Incorrect spelling. Noted, thank you.

1 Title Should title specify tea intended for consumption as a beverage as related products could include cosmetics?

The definition for “related products” has been revised to provide the necessary clarity.

1 Contents table Contents table, line 2 typing error, change to “Restrictions on the sale of tea and related products.”

Typing error Noted, thank you.

1 Table of contents

Row 2 states;

Should read:“Restrictions on the sale of tea and related products”

Incorrect product category. Noted, thank you.

2 Definitions Remove “and not exceeding 24 hours”.

Should read:"batch" means a definite quantity of tea or related products produced essentially under the same conditions,

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

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

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

This definition must be clear about what is meant and what it applies to. In the newly numbered regulation 15(2)(a) under the marking requirements the wording “best before” or “best quality before” only is prescribed, i.e. the word “date” is not part thereof. The definition

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will therefore be retained as is.2 Definitions Definition of various dates includes “best quality before

date” and “expiration date” in addition to those already prescribed in R146/2010 (as amended). Remove as they conflict

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

All the date markings definitions have been aligned with the latest Codex General Standard for the Labelling of Pre-packaged Foods (CXS 1-1985, as last amended in 2018).The definitions will therefore be retained as is.

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

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

Noted, the definition has been amended.

2 Definitions Amend definition of “foreign matter”:

Should read:"Foreign matter" means any extraneous material which is not normally present in tea and related products, and does not include the presence of permitted additives and foodstuffs.

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

Noted, the definition has been amended.

2 Definitions Include the following red text to the tea definition:

"tea" means the product derived solely and exclusively from the tender shoots of varieties of the species Camellia sinensis (L.) O. Kuntze and produced by acceptable processes (e.g. withering, leaf maceration, aeration, drying, etc.) intended for making a brew suitable for consumption as a beverage, and includes Black tea, Oolong tea, Green tea, etc.; and may include a portion of tea fannings and tea dust

Tea dust and tea fannings is a grade of tea and not a particular type of tea and should be included in the definition of tea. Tea (under normal conditions) will contain a portion of tea dust and tea fannings.

This office is in agreement that tea dust and tea fanning is regarded as a grade of tea. We could, however, not find any international legislation that stipulates the maximum amount permissible in tea. It is also well known that the tea presented for sale in tea bags consist either entirely or to a large extent of tea dust or tea fanning. Tea dust and tea fanning have thus been totally removed from the draft regulations.

2 Definitions “Tea” - avoid ending the definition with “etc” Definition should be as specific as possible in a regulation, “etc” allows room for uncertainty.

Noted. The definition has been amended to be more specific.

2 Definitions "use by date" or "expiration date" means the date which signifies the end of the period under any stated storage conditions, after which the product should not be sold or consumed due to potential safety and quality reasons; andCodex“Use-by Date” (Recommended Last Consumption Date, Expiration Date) means the date which signifies the end of

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

Either amend, or use the Codex definition

All the date markings definitions have been aligned with the latest Codex General Standard for the Labelling of Pre-packaged Foods (CXS 1-1985, as last amended in 2018).The newly numbered regulations 10(2)(e) and 15 of the draft regulations clearly indicate that the date markings

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the estimated period under any stated storage conditions, after which the product probably will not have the quality attributes normally expected by the consumers. After this date, the food should not be regarded as marketable.

may, within the scope of the proposed regulations, be used as one of the options for batch identification and traceability.The proposed definition will therefore be retained as is.

Definitions Please insert the definition for “Sweeten” as per recommendation below:

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

A clearly defined term would prevent misinterpretation.

Sweeten’ is not currently used in the text and need therefore not be defined.

3 2(3)(a) Please provide clarity: Clarity is required as to whether pre-packed tea related products sold to the OOH Industry (restaurants, hotels, coffee shops) need to comply with sub regulation 1 or are these exempt?

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

3 3 The types of tea and related products shall be as follows:(1) Black tea.

(2) 1Oolong tea.

(3) Green tea.

(4) Unspecified tea?

(5) Decaffeinated tea.

(6) Tea extract (instant tea or soluble tea).

(7) Tea dust or tea fanning.

(8) 2Premix tea.

1 If a regional tea such a Oolong is mentioned, other regional teas should such as Assam (India), Ceylon (Sri Lanka), etc.2 premix tea should also be group as RTD (Ready-to-Drink).Presented as; Premix Tea/RTD

Oolong tea is mentioned because of the way in which the tender shoots of varieties of the species Camellia sinensis (L.) O. Kuntze are processed/ treated.

Ceylon on the other hand refers to the origin of the tea – Please refer to the newly numbered regulation 12(7)(a)(ii) in the draft regulations.

3 3 The types of tea and related products shall be asfollows:(1) Black tea.(2) Oolong tea.(3) Green tea.

There seems to be contradictionwithin the regulation:• Part I regulation 2(3)(b) Restrictions shall not apply‘products based on tea and related

Tea in the ready-to-drink form which contains fruit flavours and/or actual fruit juice falls within the scope of the fruit juice and fruit drink regulations, hence the exclusion in regulation 2(3)(b) of the

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4) Unspecified tea.(5) Decaffeinated tea.(6) Tea extract (instant tea or soluble tea).(7) Tea dust or tea fanning.(8) Premix tea.(9) Scented tea / related substance

Regulation XXScented tea1) Scented tea / related substance means a productspecified in regulation 3(1) – (7) with added:

(a) Natural, aromatic Foodstuff substances such as but not limited to jasmine flowers, rose petals, etc., and/or(b) essence of bergamot, mint or lemon, other flavourants as defined in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972); and/or(c) spices

2) Shall comply with the appropriate specificationsset out in regulations (4) – (11)3) Shall include additionally an appropriatedescription of the flavour in terms of regulation(15)(4)

products presented … thatcontain added flavouringsand/or fruit juice and sugar and/ornon-nutritive sweeteners (e.g.“Peach flavoured tea”, “Ice/ Icedtea with apricot juice”, etc.).’andPart III Marking requirements (page6):• Regulation 13(2)(a)(i) re:declaration of added foodstuffsand added flavourants;• Regulation 15(4) specific onadded flavourants,and• Additions to productdescription, Regulation 15(2)(a)‘Chai’ - if a blend of spices (e.g.cardamom, cinnamon, fennel,black pepper, cloves, etc.) hasbeen added to the tea concerned.

We therefore propose another type oftea/related substances i.e. ScentedTea as an additional type.

draft regulations.Regulation 2(3)(b) will be amended to clarify that it applies when fruit and/or vegetable flavours or fruit and/or vegetable juice has been added to the ready-to-drink tea based product.

3 3 Where does flavoured tea and tea capsules or pods fall Both products fall within the scope of these regulations. Tea in the ready-to-drink form which contains fruit/ vegetable flavours and/or actual fruit juice/ vegetable juice fall within the scope of the fruit juice and fruit drink regulations, hence the exclusion in regulation 2(3)(b) of the draft regulations.

3 3(6) Tea Extract – provide definition To ensure clarity Tea extract is clearly described in the newly numbered regulation 6 and in this office’s opinion, it is not necessary to also include a detailed definition. If a definition is included, it will merely cross-reference regulation 6.

3 3(7) Remove: Tea dust and tea fannings are grades of tea and can be found across all types of tea.

In agreement. Please refer to the response under the definition for “tea” on page 2 above.

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3 3(7) This is usually included as a component of a blend and should not be listed separately as it is essentially black or green tea.

A component of the tea blend In agreement. Please refer to the response under the definition for “tea” above.

3 3(8) Premix tea – provide definition To ensure clarity Premix tea is clearly described in the newly numbered regulation 8 and in this office’s opinion, it is not necessary to also include a detailed definition.

4 4 (c) Have an anhydrous caffeine content of at least 1.5%;

(d) Have a total ash content of 4.0 to 7.0 percent; and

(e) Contain at least 32 percent of water soluble extract.

Tea originates from various parts of the world. Are these realistic set limitations and is there testing and results supporting these limits in that majority of tea can conform? Regional and a country’s soil properties have effects on plant growth, which in term effects the quality, and in turn the market value of the commodity.

Based on the comments received the following amendments have been introduced:(i) The old reg.4(c) prescribing a

minimum caffeine content has been removed;

(ii) The total ash content range has been adjusted to read “4.0 to 8.0%” -see newly numbered reg. 4(1); and

(iii) The minimum water soluble extract has been adjusted to 30% - see newly numbered reg. 4(1).

4 4(2) Add sub-item 4(2)(f) as follows:(f) shall contain no tea dust or tea fanning as described in 10(1)

Product labelled as "Tea" on the market contains increasing amounts of tea dust both in the loose form and in tea bags. This dust sinks to the bottom of the container or leaks out through the pores of tea bags. In both cases a portion of the content is lost to the tea-making process. The intention of the proposal is to ensure that such products are correctly labelled as "Tea dust" or "Tea fanning" as per Table 1.

Please refer to the response under the definition for “tea” on page 2 above. This is also a well established practice in South Africa and abroad which will be difficult to change.

4 4(2)(a) Remove: Tea from different geographical locations, origins and plantations will have different shades of colour. If different origins are blended, the colour will vary.

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

4 4(2)(a) Requirement for leave to be of a uniform colour is not realistic.

Leaves are not of uniform colour. A blend has different colour components as it is a natural product and subject to variation


4 4(2)(c) Remove: The caffeine content of black tea should not be specified. Tea is an agricultural commodity and the caffeine content is impacted by the conditions it is grown in. Özdemir et al. (2018) provides evidence that caffeine content varies based on the altitude the tea is grown in, seasons,


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harvest time, grade of tea amongst other factors. Zhang et al. (2017) also states that the particle size influences the caffeine extraction and thus the content in brewed tea. The caffeine content will vary and the content will not have an impact on the final product quality.Further to this, caffeine content is not prescribed in the referenced Indian, Canadian and Kenyan regulations. It appears in the European Compendium.

4 4(2)(c) Question why this minimum content specified? This will lead to extra testing requirements and costs. We do not believe it is necessary to specify min caffeine content in specification

The old reg.4(c) prescribing a minimum caffeine content has been removed.

4 4(2)(d) How was the level of 4 to 7% determined? A consistent limit is not evident across the standards and guidelines available for black tea.

It is recognised that total ash may indicate the quality of tea, however various regulations provide different levels. Malaysian regulations allow for a maximum of 7% total ash content. The Indian and Kenyan standards provide a range of 4-8%. The European Compendium provides a limit for acid insoluble ash and not total ash.

The total ash content range has been adjusted to read “4.0 to 8.0%” - see newly numbered reg. 4(1).

4 4(2)(e) How was this level determined? A consistent limit is not evident across the standards and guidelines available for black tea.

The Malaysian regulation provides a limit of 30% minimum, Indian regulations a limit of 45% minimum, Canadian regulations a limit of 30% minimum, Kenyan regulations and European Compendium a limit of 32% minimum.Zhang et al. (2017) indicates that several studies prove that the particle size of Tea is a key influencer of the extractable contents. It is also known that tea is graded according to size or particle size. Therefore adding a limit to the water soluble extract may impact the grades that are used for tea categories i.e. affordable and premium priced teas.

The minimum water soluble extract has been adjusted to 30% - see newly numbered reg. 4(1).

4 4(2)(e) Reason for this requirement? infusion is determined by amt solids that are left.

The provision was added in an effort to align the proposed draft regulations with the requirements in other international legislation.

4 5 Oolong tea If a regional tea such a Oolong is Oolong tea is mentioned because of the

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5. (1) Oolong tea means the product obtained by acceptable processes, in particular withering, rolling/ leaf maceration, semi-fermentation/ aeration and drying, of the tender shoots of varieties of the species Camellia sinensis (L.) O. Kuntze.

(2) Oolong tea shall comply with the same specifications set out in regulation 4(2).

mentioned, other regional teas should such as Assam (India), Ceylon (Sri Lanka), etc.

way in which the tender shoots of varieties of the species Camellia sinensis (L.) O. Kuntze are processed/ treated.

Ceylon on the other hand refers to the origin of the tea – Please refer to the newly numbered regulation 12(7)(a)(ii) in the draft regulations.

4 6 (2) “Green tea shall comply with the same specifications set out in regulation 4(2).” –we disagree with this requirement

Oolong, green and white teas will differ in their caffeine content


4 7 (2) “Unspecified tea shall comply with the same specifications set out in regulation 4(2).” –we disagree with this requirement

Oolong, green and white teas will differ in their caffeine content


4 8(2) Please provide the regulation title that covers this requirement.

The stakeholder was unable to identify the regulation that provides this information.

This office wrongly assumed that there would be regulations published under the Foodstuffs, Cosmetics and Disinfectants Act (No.54 of 1972) that specifically address permissible extraction solvents/ processing aids and their limits allowed in foodstuffs. However, further investigation revealed that this is not the case. The reference to the Foodstuffs, Cosmetics and Disinfectants Act has therefore been removed from the newly numbered regulation 9.

5 9 (b) Show a loss in mass not exceeding 6.0 percent;(c) Contain at least 4.0 percent of caffeine;(d) Contain at least 7.0 percent of tannin;.

Are these realistic set limitations and is there testing and results supporting these limits in that majority of tea extract can conform?

Based on information provided all three provisions have been removed.

5 9(1)(a) Does not include black tea extract:

Should read:(a) shall consist of aqueous extracts from the types of tea referred to in regulations 4 to 8 from which water is removed to a greater or lesser extent;

Extracts are derived from Black tea (regulation 4).

Noted, thank you.

5 9(2)(a) Provide objective: This parameter limit is not stated in country specific regulations and standards aside

The proposed requirement has been removed.

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from the European Compendium and Malaysian regulations.

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5 9(2)(b) Provide objective: This parameter limit is not stated in country specific regulations and standards aside from the European Compendium and Malaysian regulations.


5 9(2)(c) Remove: The caffeine content of black tea should not be specified. Tea is an agricultural commodity and the caffeine content is impacted by the conditions it is grown in. Özdemir et al. (2018) provides evidence that caffeine content varies based on the altitude the tea is grown in, seasons, harvest time, grade of tea amongst other factors. Zhang et al. (2017) also states that the particle size influences the caffeine extraction and thus the content in brewed tea. The caffeine content will vary and the content will not have an impact on the final product quality.Further to this, caffeine content is not prescribed in the referenced Indian, Canadian and Kenyan regulations. It appears in the European Compendium.


5 9(2)(d) Remove: This parameter limit is only stated in the Malaysian regulations. There is no evident global industry consistency for this parameter. This parameter may impact current supplier databases and add cost to testing.


5 9(2)(d) Why is tannin specified for tea extract but not on tea leaves?

Query The proposed requirement has been removed.

5 9(2)(e) Delete the word “and” after lumps and before which Reads better, less confusing as lumps are likely to be present.

Noted, thank you.

5 9(3)(a) Incorrect phrasing:

Should read: “(a) when in an infusion have the colour, taste and flavour of freshly brewed tea;”

The current phrasing does not give the impression that the extract must be diluted first in order to have the colour, taste and flavour of freshly brewed tea.


5 9(3)(a) Should rather read: have no taste, flavour or colours not typical of brewed tea.

This could potentially be restrictive as tea extract can be used to give different


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sensory qualities to the tea.eg: freshly picked rather than brewed

5 9(3)(b) Provide objective: This parameter limit is not stated in country specific regulations and standards aside from the European Compendium and Malaysian regulations.


5 10(1) TO (3) Remove: Tea dust and tea fannings is a grade of tea and not a particular type of tea. Tea (under normal conditions) will contain a portion of tea dust and tea fannings.


5 10(2) Question as to why this is different to black tea The proposed requirement has been removed.

5 11 Instant may also be used with Premixes These products are generally instant and need to be labelled as such.

Please refer to the amendments in the newly numbered reg. 8(1) and the marking requirements in Table 2 under the newly numbered reg.11.

5 11 Premix tea

11. (1) Premix tea may be presented for sale in the powder form or in the ready-to-drink form.

Premix tea should also be group as RTD (Ready-to-Drink).Presented as; Premix Tea/RTD

Prepared tea in the ready-to-drink form has been provided for under the newly numbered regulation 8(2).

5 11(2)(a) Flavourings and other additives approved for use under

the FCD act needs to be catered for.

Does the category of “Premix Tea” cover products such as powdered tea lattes and tea cappuccinos?

The narrow description restricts variety in this product category and does not provide a concise view of what type of premix tea products are covered.

Noted. Provision has been made for the addition of permitted food additives.

5 11(2)(a) Need more flexibility to use ground tea rather than tea extract

The comment has been accommodated - see the newly numbered reg. 8(1)(a).

5 11(2)(a) 11. Premix tea in powder form –

(a) shall consist of powdered Tea extract (instanttea or soluble tea) mixed with sugar and/or non-nutritive

The current proposed 11(2)(a) may beseen to be prescriptive on foodstuffsand food additives which may be added to a Premix Tea in powder form. It may

Noted. Provision has been made for the addition of permitted food additives.

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sweeteners and/or milk powder and/orcreamer and/or any other foodstuff / foodstuff extract and/or food additives; and(b) is intended to be dissolved in water to delivera ready-to-drink tea beverage (hot or cold).

therefore also be interpreted to exclude e.g. flavourants.

Based upon Part III Markingrequirements (page 6):• Regulation 13(2)(a)(i) re: declaration of added foodstuffs and added flavourants;• Regulation 15(4) specific onadded flavourants,we propose for clarity purposes, foran amendment to include wording ‘ …and/or any other foodstuff/s / foodstuff extract/s and/or food additive/s’.

6 11(3) How is this different to products based on tea 2(3)(b) that are exempt?

The scope of this particular regulation narrows the ready-to-drink tea beverage down to a product similar to tea that can be prepared at home.Also see the newly numbered reg. 8(2).

6 11(3) Should read: “with or without sweeteners Should not be mandatory to be sweetened or alternative sweeteners such as honey should also be permitted

The comment has been incorporated.

6 13(2) Rephrase:

Should read:(2) Each container in which tea and related products are packed for sale shall be marked with the following particulars:

The current phrasing in regulation 13(2) does not adequately cover the definition of “container” as provided under definitions.

The regulation title and definition for “container” as defined by this regulation covers the alluded aspect. The requirement will therefore be retained as is.

6 13(2) (a) The product description name, and if applicable the additions to the description name,…

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

In agreement. The proposal will be incorporated.

6 13(2)(a) Lettersize of min 3mm to change to 4mmAlignment with R146

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

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

6 13(2)(a)(i) (i) the name of the added foodstuff (e.g. ‘milk’, etc.) or the name of the added flavourant (e.g. ‘vanilla flavoured’, ‘bergamot flavouring’, etc.) may be indicated in one different colour when used in the additions to the product description name;


In agreement. The proposal has been incorporated.

6-7 13(2)(a)(i) to (iii) The requirements below should be aligned to R146. Labelling of Foodstuffs

Additional labelling requirements, aside from DOH R.146, add complexity to labelling.

Please refer to the response under regulation 13(2)(a) above.

7 13(2)(a)(ii) There is no reference to what is meant by “additions to the product name”.

The regulation makes reference to the size of the “smallest letter in the additions to the product name…..”, however the regulation does not address the “additions to the product name”.

“Additions to the product name” are addressed under the newly numbered reg. 12.

7 13(2)(e) Rephrase the following statement:

Should read:(e) The date marking (i.e. "best before" or "best quality before" or "use by" or "expiration date") and/or batch code and/or batch number for the purpose

The current phrasing allows for Best Before and Use By to be optional. A food product must bear a Use By or Best Before date in order to communicate to the consumer the end of quality-life and shelf-life.

The emphasis on the date marking in this regulation is solely for traceability purposes and not for product durability or shelf life which is prescribed by regulation R.146 dated 1 March 2010 of the Department of Health.

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traceability and batch identification, as set out in regulation 18.

7 13(4) Remove “Tea dust or tea fanning” from the statement below.

Should read:(4) In the case where Tea and Decaffeinated tea is presented for sale in pods/ capsules or tea bags/ tea filter bags packed in a container, the individual pods or capsules and tea bags/ tea filter bags shall be exempted from any of the marking requirements prescribed in sub-regulation (2): Provided that the container containing such pods/ capsules or tea bags/ tea filter bags shall be marked with all the prescribed marking requirements and in the prescribed letter sizes.


References to Tea dust and tea fanning have been removed.

7 13 Add the requirement to mark the mass or volume in accordance with the requirements of regulations under the Legal Metrology Act 9 of 2014

It is a mandatory marking and these Regulations should avoid any ambiguity.

The weight indication falls outside the scope of these proposed regulations and the Agricultural Product Standards Act (No.119 of 1990), i.e. it is regulated under another Act.

7 14 The product description name for the types of tea and related products shall be as follows:



7 TABLE 1 Remove this category: Tea dust and tea fannings is a grade of tea and not a particular type of tea and should be included in the definition of tea. Tea (under normal conditions) will contain a portion of tea dust and tea fannings.

References to Tea dust and tea fanning have been removed.

7 TABLE 1 PRODUCT DESCRIPTIONS NAMES FOR THE TYPES OF TEA AND RELATED PRODUCTS



7 TABLE 1 Include latte Current products on market eg chai latte The mentioned product is excluded – please refer to regulation 2(3)(c).

7 TABLE 1(d)(i)

“Match tea” should read “Matcha tea” Typing error Noted, thank you.

7 TABLE 1(d)

In Table 1, – under Type (d) Unspecified Tea –we disagree with the term “unspecified”

Why is this referred to as “unspecified”? Consumers should understand that they are

The appropriate product name of the “unspecified” tea concerned shall be

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purchasing white, matcha or other teas listed. These teas also have distinctive identities.

indicated on the packaging.

8 15(1) Rephrase the following regulation:

Recommend that the word “Blend” be used when different types of tea (e.g. Black tea and Oolong tea) and or herbals (Black Tea and Mint) are blended. Or when emphasis is placed on a particular country of origin.

Alternatively it should read:15. (1) The word “blend” shall form part of the product description if the tea packed ina container was sourced from different countries, locations or geographical areas and emphasis is placed on the country of origin/s of the teas used in the blend, provided that the requirements in 15(3)(a) are fulfilled.

The word “Blend” should not be used when different regions/countries black teas are blended for a specific sensory experience with no emphasis on the country of origin of the teas. The word blend should be used when different regions/countries black teas are blended but emphasis is placed on one region only e.g. Ceylon Blend and Assam Blend and shall meet the requirements set out in regulation 15(3)(a).

Noted. Please refer to the revised regulations 12(1) and 12(7)(a).

8 15 (1) Object to the requirement to state the word “blend” “blend” suggest it is not pure tea. All tea is blended with components form different origins

Please refer to the response directly above.

8 15 Additions to the product description name Substitute ‘description’ with name as this section refers to the product name. Be clear on what is product ‘name’ and what is ‘description’.

In agreement. The proposal has been incorporated.15. (1) The word “blend” shall form part of the product

description name(2) The following designations shall, where applicable, be indicated as part of the product description name:(3) The following information may be indicated as part of the product description name and/or be indicated on its own:(4) If a flavouring has been added to tea or a related product in order to render a distinctive specific flavour thereto, the product description name concerned shall be preceded by the descriptive name for the distinctive flavour concerned and the expression “X Flavoured”, or followed by the expression “with X Flavour” or “with X Flavouring”, where “X” indicates the name(s) of the flavouring(s) used.

8 15(2)(a) Chai – if the product contains tea and chicory what will it be classified as, premix tea only mentions with tea and milk powder.

Clarity seeking The actual name of the added foodstuff shall form part of the applicable product name. A provision in this regard has been added as the newly numbered

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regulation 12(2).8 15(3)(a)(j) Correct numbering to (i): The roman numeral is indicated as “j” and

not i.Noted, thank you.

8 15(3)(a)(j) Change the following:

Should read:(i) largest percentage of the tea in the blend originates from the named country, location or geographical area; and

Please advise how it was determined that a minimum of 50% of tea in the blend must originate from a particular region in order for that region to be mentioned in the descriptor/product name.

Teas are blended for a required sensory experience. Stipulating the % of certain origin teas will impact the taste profile that is required for an end product to be acceptable according to the manufacturer’s standards.

Noted, the comment has been accommodated under the newly numbered reg. 12(7)(a)(i).

8 16(1) Recommend to align with DOH R.146 Labelling regulations.

Additional labelling requirements, aside from DOH R.146, add complexity to labelling.Additionally sensory descriptors in product descriptions provide a marketing edge to products.

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

9 16(1) Sensory descriptions about the flavour and aroma of a particular tea or a related product may be indicated on the container: Provided that it does not form part of the product description name.



9 16(3) Rephrase:

Should read:(3) In the case of sweetened Premix tea, the expression "sweetened" shall be indicated on the main panel in a letter size of at least 2 mm in height for lower case vowels

The word “SWEETENED” should only be indicated if the product is sweetened.

Noted, the newly numbered reg. 13(1) has been revised.

9 16(3) Recommend to align with DOH R.146 Labelling regulations for limited space labels.

Powdered Premix teas are generally packed in small pack formats e.g. sachets.

Noted. The minimum letter size has been reduced to 1,5mm. See the newly

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The “SWEETENED” size requirement may be an impact to space availability.DOH R.146 Labelling regulations provides for size ratios when the space is limited.

numbered reg. 13(1).

9 17(1)(c) Rephrase:

Providing the country of origins for tea blends will impact on confidentiality and IP.

The tea market is a competitive environment. Tea blends are confidential and considered Intellectual Property. This is true as far as country of origins are concerned, excluding where a particular country of origin is used as part of the product name or descriptor.

This marking requirement is aligned with regulation R.146 dated 1 March 2010) of the Department of Health, and was therefore always a prescribed marking requirement for tea.

9 18(1) Rephrase:

Should read:18. (1) For the purpose of batch identification and traceability, each container containing tea and related products shall be clearly marked with the date marking and batch code or batch number in such a way that the specific batch is easily identifiable and traceable.

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

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

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

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

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

The provision will thus be retained as is.9 18(2)(a)(i) Incorrect product stated:

Should read:(i) it shall be preceded by appropriate wording “best before” or “best quality before” and/or “use by”, and/or

Incorrect reference to the product category. Noted, thank you.

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“expiration date”, depending on the nature of the tea and related product concerned;

10 18(2)(a)(i) abbreviations of the preceding wording shall not be allowed, except in the case of best before” where the abbreviation “BB” may be used;

Include SB (Sell By) as BB & SB go hand-in-hand with retailer products sold.

‘Sell by’ date is not used for the purpose of traceability.

10 18(2)(b) Reference is made to coffee instead of tea. This is an error. Noted, thank you.10 18(2)(b) (b) If coffee, chicory tea or a related product is packed in

an outer container, which will during normal usage be discarded by the consumer, the date marking shall, if indicated, appear on each individual container that will be retained by the consumer until consumption.

Amend wording Noted, thank you.

10 18(2)(b) Incorrect product stated:

Should read:(b) If tea or a related product is packed in an outer container, which will during normal usage be discarded by the consumer, the date marking shall, if indicated, appear on each individual container that will be retained by the consumer until consumption.

Incorrect reference to the product category.

Amend wording

Noted, thank you.

10 19 Replace the word: product description name. Substitute ‘description’ with name as this section refers to the product name. Be clear on what is product ‘name’ and what is ‘description’.


10 19(1)(a) “also try these products in our range – to be removed Should variants be removed from the range, all other packaging will need to be upgraded

This provision provide for the indication of other tea product names other than the product name of the tea in the container. It is therefore up to any manufacturer/ packer whether he/she wants to make use of this provision or not.

10 19(5) Remove reference to tea dust and fannings:

Should read:(5) Subject to the provisions of sub-regulation 15(3)(e), the claims “100%”, “100% pure” “100% tea” or “100% pure tea” shall not be marked on the container of


Noted, the reference to Tea dust and tea fanning has been removed.

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Decaffeinated tea, Tea extract (instant tea or soluble tea) or Premix tea.

10 19(7) The word “instant” may only be marked on the container containing Tea extract (instant tea or soluble tea) in the powdered form.

Rooibos matcha is an instant product and thus should also be categorised in the tea extract (instant tea or soluble tea) category rather than unspecified tea.

Rooibos is regulated under a separate regulation.

11 TABLE 2 In Table 2 - Methods stated for (b) Caffeine content are incorrect

Correct method is ISO 10727:2002 “Tea and Instant Tea in Solid Form – Determination of Caffeine Content using HPLC”

Noted, thank you.

11 TABLE 2 In Table 2 - We disagree with the method stated (d) Tannin (extraction method).

This method does not look suitable. We propose: ISO 14502-1:2005Determination of substancescharacteristic of green and black tea -- Part 1: Content of total polyphenols in tea -- Colorimetric method using Folin-Ciocalteu reagent. Note that this is not the best method but is the best available at the moment.AndISO 14502-2:2005Determination of substancescharacteristic of green and black tea -- Part 2: Content of catechins in green tea -- Method using high-performance liquid chromatographyNote that ISO is working on a new standard:ISO/CD 18447Tea — Determination of theaflavins in black tea — Method using high performance liquid chromatography

Noted, however the tannin requirement has been removed.

GENERAL determined that the said regulations shall come into operation 12 24 months after date of publication thereof.

Allow for 24 months implementation period post promulgation of regulation to allow for packaging updates/run out of packaging and products to sell out - and therefore avoid unnecessary costs of packaging write offs (Long shelf life products)

Noted, but the 12 months will be retained and manufacturers/ packers who still have non-conforming packaging after the 12 months have lapsed should rather approach the Executive Officer for a concession which will be considered on an individual basis.

Teas with health benefits – which category does this fall in, need to allow for health claims to be made on these

Customer can make an informed decision when choosing tea with health benefits if she is provided with the necessary

Teas with health benefits are herbal infused tea and do not fall under this proposed regulation.

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informationWill ice tea be classified as tea extract Ice tea will be classified as Prepared tea

– see the newly numbered reg. 8(2). However, certain ice tea products are excluded from the regulations – please see reg. 2(3)(b).

What is the minimum % tea or tea extract that a product needs to contain to be classified as tea and fall within these regulations

It is not practical to prescribe the minimum percentage tea extract since tea strength may vary according to consumer preference.

n/a n/a Food safety – Contaminants should be considered such as Heavy Metals

Lead, cadmium, mercury, arsenic, copper This provision is a food safety requirement provision that falls outside the scope of this regulation.

n/a n/a Food safety – Pesticides residues should be considered Tea is not specified in Pesticides regulations (t is only covered under “All crops”

This provision is a food safety requirement provision that falls outside the scope of this regulation.

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

This provision is a food safety requirement provision that falls outside the scope of this regulation.

n/a n/a Food Fraud - Authenticity testing should be considered: Catechins

This is an area of increasing concern globally. Governments and companies should be analyzing commodities to ensure that the material is correct and specific to the commodity.For example, only analyzing caffeine as a “marker” for tea and coffee doesn’t prove that the material is tea or coffee, only that it contains caffeine. It is very easy to adulterate anything (leaves, stems, other plants, dirt, etc) and add caffeine. Interested parties need to be concerned with more accurate markers and tests as listed.In addition, generic tests such as “polyphenols” have – and continue to be- a non-specific test that criminals know how to “fool”.

Noted, thank you.

n/a n/a Food Fraud – Requirement for tamper-proof packaging should be included.

For example, if tea is sold in sacks, then hand or machine stitched is taken to be evidence of tamper proof packaging.

This provision falls outside the scope of this regulation.

n/a n/a General comment about extracts, including tea powders: These products are manufactured to contain certain attributes at the expense of others. For example, a tea powder may be

Noted, thank you. The provision for the minimum caffeine content has been removed.

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extracted/ enriched to contain certain substances while the other attributes are significantly diminished in amount (this could also include caffeine). These products, other than identity and safety attributes, are generally not prescribed by governmental regulation since these items are not meant to be completely indicative of the plant from which it came. Caffeine, for example, is not a good test in this case.

n/a n/a General comment on tea composition. The varieties of tea will vary in attribute marker concentrations and caffeine concentrations. The proposal sort of lumps them all together which doesn’t properly address their individual identities or caffeine levels and could contribute to food fraud.

The provision for the minimum caffeine content has been removed.

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· web viewthe original definition is vague and fails to differentiate between authorised...

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