South Africa Food Regulation

Food regulation in South Africa is governed by multiple laws and regulatory bodies working in coordination. The principal legislation for food safety is the Foodstuffs, Cosmetics and Disinfectant Act 54 of 1972, administered by the Department of Health. Enforcement at the local level is carried out by Municipal Health Services within district and metropolitan municipalities. In addition to this primary act, various other departments and legal frameworks contribute to the broader food regulatory system. South Africa also aligns many of its standards with international benchmarks, such as those established by the Codex Alimentarius Commission.

Part 1 Competent Authority

South Africa's food regulation is a comprehensive effort, primarily overseen by a few key government departments working collaboratively. The following table details the key obligations of government departments:

Part 2 Main Regulations

The following table lists some of the key regulations that are crucial for food in South Africa: 

Part 3 Market Access Approval 

Food imports into South Africa are subject to both general import procedures and additional requirements for certain product types. While importer registration and customs clearance apply to all goods, specific controls may apply to food products such as animal-origin items, plant-based goods, GMOs, and other regulated categories.

3.1 Importer Registration with SARS

All individuals or entities, whether local or foreign, intending to import goods into South Africa must register as importers with the South African Revenue Service (SARS). Foreign importers (e.g. individual or juristic persons) are required to nominate a registered agent located within South Africa prior to registration. This agent must be formally appointed using form DA 185 D.

Applications from foreign entities will be suspended until a registered agent is approved. In the case of foreign juristic persons, a certified copy of the founding document or an official certificate of incorporation, issued by the competent authority in the country of origin, must be submitted alongside the application. No financial security is required at the time of registration; however, SARS Customs reserves the right to impose such security based on a risk assessment of the applicant.

The registered agent assumes full liability for all customs-related activities undertaken on behalf of the foreign principal. Additionally, any importer intending to submit Customs Clearance Declarations (CCD) directly to SARS must also register as an Electronic Data Interchange (EDI) user. This is not necessary when working through a licensed customs clearing agent or registered agent.

• Application process for importer registration

Importer registration is facilitated via the SARS eFiling platform. The process is managed under the Registration, Licensing and Accreditation (RLA) system, part of the New Customs Acts Programme (NCAP). The following steps apply:

1. Link the organisation profile to the individual eFiling profile (if not yet done).

2. Assign relevant RLA user rights and roles.

3. Complete the RLA client application form.

4. Submit the application along with all required supporting documentation.

• Supporting documents for importer registration

Applicants must provide the following:

1. Proof of residential address (e.g. municipal utility bill).

2. Certified copy of the applicant’s identity document.

3. Certified copy of company or close corporation registration from the Registrar of Companies.

4. Certified copies of SARS-issued VAT, IT, PAYE, SDL, and UIF registration letters.

5. Resolution, consent, or other official authority documents (as applicable).

6. Recent Telkom or mobile phone bill (not older than three months) for contact verification.

7. Proof of banking details via: (a bank-certified original or legible copy of a bank statement; a certified auto-generated bank statement; or an original letter from the bank on official letterhead).

8. Bank account number and branch code confirmed via: (original letter from the bank on letterhead; or original auto bank statement).

Applicants must be at least 18 years old and have a permanent address in South Africa.

For applications involving warehouse licensing, clearing agent registration, or registration as a remover of goods in bond, additional requirements apply, including payment of relevant fees and submission of a layout plan for any proposed warehouse.

3.2 Import Permit for Controlled Food Categories

Beyond the general import requirements, specific food categories necessitate commodity-specific import permits, often issued by different governmental departments. Items and corresponding permit requirements can be found in the Prohibited and Restricted Imports and Exports list.

• ITAC Import Permits

International Trade Administration Commission (ITAC) plays a role in regulating the import of certain goods into South Africa. Its import permits are primarily required for controlled goods, used or second-hand goods, waste, and scrap. These permits serve to ensure that imported goods conform to South Africa's safety, quality, environmental, and health requirements, and that they comply with relevant international agreements.

Most new goods are generally exempt from ITAC import control measures. This broad exemption suggests that a wide range of new, commercially produced food products may not require a specific ITAC import permit, unless they fall under a particular "controlled goods" classification.  

Below is a list of food-related items that require an ITAC import permit, in accordance with the Import Control Regulations.  

• DALRRD Import Permits

Department of Agriculture, Land Reform and Rural Development (DALRRD) is responsible for issuing several types of specialized import permits for food and agricultural products, irrespective of the classification by ITAC.

Import permit for Meat:

No animal or animal product (including samples) may be imported into or moved in transit through South Africa without the importer obtaining a veterinary import permit from Director: Animal Health. Veterinary import permits are valid for a limited period and one consignment only. Import protocols are highly specific to individual countries, varying based on their veterinary services and animal health status.

Import permit for plant:

An import permit is required for the importation of plants, plant products, and other regulated articles. This permit is issued by the National Plant Protection Organisation of South Africa (NPPOZA), which falls under DALRRD. Businesses must meet the phytosanitary import conditions of the Agricultural Pests Act 36 of 1983 or the NPPOZA.

Permit for Genetically Modified Organisms (GMOs): 

In South Africa, the Genetically Modified Organisms Act 15 of 1997 mandates that any use of GMO products for food, feed or processing purposes requires official authorisation in the form of a commodity clearance permit, which explicitly does not include planting or cultivation. The Registrar of GMOs, operating within the DALRRD, administers these permits following evaluation by an Advisory Committee and approval by the Executive Council. Applications require public notification and undergo risk assessment for human, animal and environmental safety.

Import Permit for Pet Food:

To import pet food or farm feed into South Africa, importers must comply with the Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act 36 of 1947. This requires either an import permit or a valid registration certificate issued by the Registrar designated under the Act. Notably, once a product is registered under the Act, the registration certificate itself may be used in place of a separate import permit, simplifying the import process for approved products.

3.3 Health supplement registration

While a broad product registration is not a universal requirement in South Africa, health supplements do have explicit registration obligations due to their specific nature or public health significance.

In South Africa, the registration of health supplements is managed by the South African Health Products Regulatory Authority (SAHPRA), operating under the Medicines and Related Substances Act 101 of 1965. Since 2013, SAHPRA has determined that all complementary medicines, which include health supplements (categorized as Category D), require mandatory registration. This means that businesses wanting to sell these products in the South African market need to go through a formal process to ensure their products meet the necessary standards for quality, safety, and efficacy.

The registration process for health supplements in South Africa generally follows the ZA-CTD (Common Technical Document) format. This requires detailed submissions from applicants, covering aspects like the product's composition, evidence of its safety, and proof of good manufacturing practice (GMP compliance) at the production facility. SAHPRA has also issued specific guidelines that outline the requirements for health supplement safety and efficacy.

3.4 Inspection Requirements

Food products imported into South Africa are subject to rigorous inspection and control by multiple authorities at ports of entry, depending on the product's nature and associated risk classification. Historically, key responsibilities were distributed among various departments. This included port health inspections conducted by the DoH to safeguard public health, and phytosanitary and veterinary checks performed by the DALRRD to protect plant and animal health. These inspections collectively aimed to ensure food safety, prevent the introduction of pests and diseases, and verify strict compliance with South Africa’s import conditions and relevant international certifications.

Since April 1, 2023, the Border Management Authority (BMA), established as a Schedule 3A public entity, has significantly streamlined these processes by taking over the coordination and execution of frontline border control functions across all land, air, and sea ports of entry. The BMA's integrated mandate now encompasses port health, biosecurity, food safety, and phytosanitary enforcement, among other critical border management duties. Crucially, while the BMA handles the operational aspects of border inspections, departments such as the DALRRD continue to shoulder responsibility for the policy aspects of these inspection operations, including the development of relevant import standards and regulations. This consolidation seeks to enhance operational efficiency, reduce redundancies, and strengthen overall border security, while ensuring that all imported goods, particularly food products, adhere to South Africa’s health, safety, and biosecurity standards.

Following inspection of the imported commodities, if the consignment fully meets all stipulated import requirements, BMA inspectors will proceed with its release. This signifies clearance from a regulatory and risk perspective at the border. Subsequently, the importer or their appointed agent must present all necessary import documents to the South African Revenue Service (SARS) for final customs release, which involves the assessment and payment of applicable duties, taxes, and levies. Should a consignment fail to meet the import requirements, the BMA will recommend appropriate risk management measures. This may involve the consignment being treated to rectify the issue and then cleared for entry into South Africa, or, if the non-compliance is severe or unresolvable, it may be rejected and refused entry. In cases of rejection, the importer, in conjunction with the exporter, must decide on the consignment's fate, which can include destruction, return to the country of origin, or re-routing to an alternative country. It is imperative that any consignment re-routed to another destination fully complies with that country's import regulations.

Part 4 Product Standards

Ensuring the safety and quality of food products in South Africa involves adherence to a comprehensive set of standards and sanitary requirements. South Africa regulates food using both general and product-specific standards.

Under the Foodstuffs, Cosmetics and Disinfectant Act 54 of 1972, the DoH publishes  specific regulations for defined food categories, such as:

• Regulations Relating to Soft Drinks (R1769/1985): This Regulation relates to soft drinks. Subsequent amendment include R317/2012.

• Regulations Relating to Foodstuffs for Infants and Young Children (R991/2012): This Regulation relates to foodstuffs for infants and young children. Subsequent amendments include R365R/2013 and R434/2013.

• Regulations Relating to Milk and Dairy Products (R1555/1997): This Regulation relates to foodstuffs for milk and dairy products. Subsequent amendments include R1262/2010 and R127/2014.

• Regulations Relating to All Bottled Water (R718/2006): This Regulation relates to foodstuffs for packaged drinking water. Subsequent amendment include R455/2010.

• Additional regulations exist for other food categories.

The DoH publishes specific regulations for food hygiene, microbiology and contaminants. Key regulations include:

• Regulations Governing General Hygiene Requirements for Food Premises, the Transport of Food and Related Matters (R638/2018)

• Regulations Governing Microbiological Standards for Foodstuffs and Related Matters (R692/1992): Subsequent amendments include R1588/2002, R1207/2008 and R706/2011.

• Regulations Relating to Maximum Levels of Metals in Foodstuffs (R54/1972)

• Regulations Governing Tolerance for Fungus-Produced Toxins in Foodstuffs (R.1145/2004): Subsequent amendment include R987/2016.

• Regulations Relating to Marine Biotoxins (R491/2005)

The National Regulator for Compulsory Specifications (NRCS) enforces compulsory specifications (VC standards) for certain high-risk foods. These include:

• VC 8020: Compulsory specification for frozen rock lobster and frozen lobster products derived therefrom

• VC 9100: Compulsory specification for processed meat products

• VC 9104: Compulsory specification for live lobsters

• VC 8031: Compulsory specification for frozen shrimps (prawns), langoustines and crabs

• VC 8014: Compulsory specification for the manufacture, production, processing and treatment of canned fish, canned marine molluscs and canned crustaceans

• VC 9107: Compulsory specification for aquacultured live and chilled raw bivalve molluscs

• VC 9001: Compulsory specification for live aquacultured abalone

• VC 9108: Compulsory specification for dried abalone

• VC 8017: Compulsory specification for frozen fish, frozen marine molluscs and frozen products derived therefrom

• VC 8021: Compulsory specification for smoked snoek

• VC 8019: Compulsory specification for the manufacture, production, processing and treatment of canned meat products

The South African Bureau of Standards (SABS) develops South African National Standards (SANS), which may be applied voluntarily or made compulsory depending on the regulatory context. A SANS becomes mandatory only when it is formally referenced in gazetted regulations; otherwise, it remains voluntary. In the food sector, common SANS include: 

• SANS 10049: Requirements for prerequisite programmes (PRPs)

• SANS 10330: Requirements for a Hazard Analysis and Critical Control Point (HACCP) system

• SANS 885: Processed meat products

• SANS 909: Pet food – Nutritional and manufacturing requirements.

Part 5 Food Ingredient/Additive

In South Africa, food additives are governed under a detailed regulatory framework that aligns closely with international standards, specifically Codex standards while incorporating specific national provisions. The definition of a food additive under South African regulation encompasses any substance not typically consumed as food on its own and not commonly used as a typical ingredient, which is added intentionally for technological purposes during the manufacture, processing, preparation, treatment, packing, packaging, transport, or storage of food. The scope includes substances that may directly or indirectly become a component of the food or influence its characteristics. However, this definition explicitly excludes substances added for maintaining or improving nutritional qualities or any contaminants and sodium chloride

• Miscellaneous additives (R1425/2016)

For miscellaneous additives, compliance with the Codex Alimentarius specifications for identity and purity is required wherever applicable. In the absence of Codex criteria, additives must conform to suitable specifications set by recognized national or international bodies. All such additives must meet food-grade standards through proper production, storage, and handling under Good Manufacturing Practices. Their use is strictly prohibited in foodstuffs intended for infants and young children unless otherwise specified in relevant regulations.

• Sweeteners (R733/2012)

A sweetener may be used either to impart sweetness to a food or as a table-top addition. The regulation also distinguishes non-nutritive sweeteners, defined as those providing the sweetness equivalent of 5 grams of sucrose while contributing no more than 8 kilojoules of energy. As with other additives, sweeteners must comply with Codex specifications, or in their absence, alternative authoritative specifications. Compliance with specifications must be holistic and supported by adherence to GMP. Non-nutritive sweeteners are not permitted in foods intended for infants and young children, except where explicitly allowed.

• Food Colorants (R1008/1996)

A colorant is defined broadly to include any substance that imparts or restores color, including natural sources not commonly consumed as food, and their chemically identical synthetic equivalents. Only colorants listed in Annexure I may be used. Their application is limited to specific food categories and conditions laid out in Annexures III to V, while food categories in Annexure II must not contain added colorants unless expressly exempted. Maximum permitted levels are based on the ready-to-eat form of the food unless otherwise noted. All colorants must conform to specifications set by the Joint FAO/WHO Expert Committee on Food Additives or, in their absence, those in the Food Chemicals Codex.

• Preservatives and antioxidant (R965/1977)

An antioxidant is any substance that delays or prevents oxidative spoilage, while a preservative is one that inhibits microbial or enzymatic spoilage. Certain common food ingredients such as salt, sugar, vinegar, alcohol, and spices are excluded from the definition of preservatives. Preservatives listed in Annexure A and antioxidants in Annexure B may be used only within the prescribed food categories and at maximum levels specified in the corresponding columns. These levels are calculated based on the final form of the product after dilution or reconstitution if applicable. Where more than one preservative or antioxidant is permitted in a food, a mixture may be used, provided the sum of the fractions of each additive relative to its individual limit does not exceed one. Additives must also meet strict purity criteria, including thresholds for heavy metals such as arsenic, lead, copper, and zinc. Any preservative or antioxidant not listed in the respective annexes is prohibited from use in food. Additionally, any smoke or smoke solution used must be derived from untreated natural wood or lignocellulosic plant material. Treated, painted, or otherwise contaminated wood sources are not allowed due to potential health risks.

• Novel ingredients / additives not previously used in South Africa

In South Africa, the regulation of novel food ingredients and additives is governed by the Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972. While the country lacks a specific pre-market approval system for novel foods, all substances used in food products must adhere to stringent safety and quality standards.

The use of any food additive, including those not previously established in the South African market, is contingent upon compliance with the specifications for identity and purity as defined by the Codex Alimentarius Commission. Where no Codex standard exists, the substance must meet the specifications of other internationally recognized authorities, such as the U.S. FDA, EFSA, or the Joint FAO/WHO Expert Committee on Food Additives (JECFA).

• Important regulatory update

On November 1, 2024, the South African Department of Health published a draft regulation titled Regulations Relating to the Use of Food Additives in Foodstuffs. This proposed regulation seeks to enhance food safety through clearer specifications for the use of additives such as preservatives, sweeteners, and colorants. With tailored provisions for specific product categories, such as infants foods, plain bread and fruit juices, the draft offers a more structured framework for food additive management in South Africa.

Part 6 Labeling and Claim

Food labeling and claims in South Africa are governed by the Regulations Relating to the Labelling and Advertising of Foodstuffs (R146/2010), together with subsequent amendments such as R1091/2010 and R45/2012. On April 21, 2023, the Department of Health released the Draft Regulations Relating to the Labelling and Advertising of Foodstuffs (R3337), proposing significant regulatory changes. As the draft has not yet been implemented, this section refers to the currently effective R146.

6.1 Food Labeling

All mandatory label information must be provided in English and, where possible, in at least one other official language of the Republic. The information must be clearly visible, easily legible, indelible, and free from obstruction by pictorial elements or other printed matter.

Every pre-packaged foodstuff sold in South Africa must display:

• Name of the foodstuff, prominently on the main panel

• List of ingredients, including additives such as preservatives and colourants, in descending order by mass

• Quantitative Ingredient Declaration (QUID) when an emphasized ingredient is present, showing the percentage next to the name or in the ingredient list

• Name and address of the manufacturer, importer, or distributor

• Instructions for use, where necessary for proper consumption or preparation

• Special storage instructions, where applicable

• Net contents in Système International (SI) units

• Country of origin, indicating where the product was produced, manufactured, or packed

• Batch number for traceability

• Date marking, including “best before,” “sell by,” or “use by” dates, which may not be removed or altered

• Declaration of common allergens, including gluten-containing cereals, milk, eggs, soy, peanuts, tree nuts, and crustaceans or shellfish; uncommon allergens must be disclosed upon request by consumers, inspectors, or the Department

• Nutritional information panel, required when a nutritional claim is made, using the heading “TYPICAL NUTRITIONAL INFORMATION,” with values per 100 g (or 100 ml) and per serving for: energy (kJ or kcal), protein, carbohydrates, total sugars, total fat (including saturated fat), dietary fibre, and sodium

6.2 Food Claims

In relation to a foodstuff, a claim refers to any written, pictorial, visual, descriptive, or verbal statement, communication, representation, or reference brought to public attention in any manner, including a trade name or brand name, and referring to the characteristics of a product. These characteristics may include its nature, identity, nutritional properties, composition, quality, durability, origin, or method of manufacture or production.

Examples of claims regulated in South Africa include:

Allergen-related claims: Conditions apply to claims such as gluten-free, naturally gluten-free, hypoallergenic, non-allergenic, or allergen-free.

Vegetarian claims: A claim that a foodstuff is suitable for vegetarians must specify the category by adding one or more of the following prefixes to the word “vegetarian”: “Lacto (milk),” “Ovo (egg),” “Honey,” or “Strict vegetarian” or “vegan.”

Nutrition claims: These refer to any representation regarding a specific nutrient or food constituent, either as a content claim or comparative claim. Nutrient content claims describe nutrient levels, such as “low sodium” or “high fibre,” and may only be made when regulatory conditions are met. Comparative claims compare the nutrient level, energy value, or alcohol level of two or more similar foodstuffs.

When a nutrition claim is made, the nutritional information must:

1. Present real, typical values determined by a reputable laboratory through chemical or microbiological analysis, using methods specified in the regulations, Codex standards, or SANAS/ILAC-accredited methods.

2. Include the minimum mandatory nutrients listed in Annexure 2, as well as any nutrient relevant to the claim if not already listed.

3. Represent the product as typically produced, based on composite samples from multiple batches over time.

4. Be supported by a laboratory analysis report from a reputable facility.

5. Be verified at least every three years, with records maintained.

6. Be analysed according to prescribed or Codex-approved methods.

Manufacturers are required to:

• Prepare a sampling procedure report in accordance with Guideline 5 and maintain it on record

• Provide this report to the importer or distributor

• Inform the laboratory that the analysis is for labelling purposes and ensure the laboratory report includes all details specified in Guideline 5, point 3

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