Another piece of legislation that relates to the Foodstuffs, Cosmetics and Disinfectants Act is the Regulations Relating to Foodstuffs for Infants and Young Children (“the Regulations”), which was published by the Minister of Health in December 2012.

The Regulations strictly controls the labelling of baby food products by specifying, in detail, which information may and may not be included on the labels and packaging of baby food products. The Regulations, for example, prohibit advertisement, promotion and marketing of baby formula, baby food, baby bottles and feeding cups for young children. The aim is to reiterate the “breast is best” initiative and ensure that babies and children, from birth to the age of three years, receive the necessary nutrition and a balanced diet.

The effect of the Regulations is that manufacturers may not sell their products as “designated products”, which includes all formula, complementary foods, liquid and powdered milks or drinks targeting infants and young children, including feeding bottles and cups. Not even samples of these products may be distributed.

Furthermore, retailers and medical professionals are no longer allowed to provide nutritional information relating to infants and young children. They may also only advise new moms about suitable baby bottles, if the mom is unable to breast feed due to medical or health reasons.

Some of the provisions that have a wide ranging impact on baby food manufacturers and distributors are:-

1. No foodstuff other than formula may be imported into or sold in South Africa if it is intended for consumption by infants younger than 6 months of age.

2. No pictures, photographs or drawings of infants, young children or even forms that resemble them, such as humanized animals, may be used on the labelling.

3. The following information must appear on the front panel of the container:

a) An age range should be specified.

b) The following statements must appear on the front panel:

“Does not contain breast milk.”
“Breast milk is the best food for babies.”
“This product is not always sterile and may contain harmful micro-organisms.  It must be prepared and used appropriately.”

c) The following statement should appear on the front panel:

“This product shall only be used on the advice of a health professional.”
4. Foodstuffs and beverages (other than formula) which are intended for consumption by babies or young children must comply with the following requirements:
a) The suitable age range should be indicated on the front panel of the container.

b) The following statement must appear on the front main panel of the label:

“This food is not intended for infants under 6 months of age and early introduction is not recommended”.

c) The following statement should appear on the front main panel of the label:
“From 6 months of age, together with breast milk, infants should be fed a variety of foods.  Ask a health worker or health professional for advice”.

d) The following expressions, including any expression which conveys a similar meaning or derivative of these terms, are prohibited:

“Materialised”, “humanised”, “breast milk substitute”.

e) Expressions or terms that could be interpreted by consumers to identify a product as suitable to feed infants younger than 6 months are prohibited. These terms include:

“First Growth”, “First Food”, “From the Start”, “Best Start in Life”.
5. The label may not contain any statement or claim, which conveys the message that the specific product represents itself as an expert with regard to infant and young child feeding or nutrition.

Written by Chandré du Toit, Verified by Johan du Preez, Adams & Adams