Indicating the date marking or batch code or batch number



DEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENTNo. R. dd/mm/yyyyACRICULTURAL PRODUCT STANDARDS ACT, 1990(ACT No. 119 OF 1990)DRAFT REGULATIONS RELATING TO COFFEE, CHICORY AND RELATED PRODUCTS INTENDED FOR SALE IN THE REPUBLIC OF SOUTH AFRICAThe Minister of Agriculture, Land reform and Rural Development has in terms of section 15 of the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990) --(a)made the regulations in the Schedule; and(b)determined that the said regulations shall come into operation 12 months after date of publication thereof.SCHEDULEContentsRegulationDefinitions1Restrictions on the sale of coffee, chicory and related products 2PART I: CATEGORIES OF AND STANDARDS FOR COFFEE, CHICORY AND RELATED PRODUCTSCategories of coffee, chicory and related products3Roasted coffee beans 4Coffee (ground coffee or coffee powder)5Instant coffee (soluble coffee extracts)6Decaffeinated coffee and Decaffeinated instant coffee7Coffee essence (liquid coffee extract)8Mixed coffee (coffee mixture)9Chicory10Coffee and chicory mixtures11Coffee and chicory essence (liquid coffee and chicory extract)12Soluble coffee (instant coffee) and chicory extract13Premix coffee in powder form14PART II: CONTAINERSRequirements for containers and outer containers 15PART III: MARKING REQUIREMENTSMarking of containers and outer containers16Indicating the product description17Additions to the product description18Additional particulars on the main panel19Additional particulars on the container20Country of origin21Indicating the date marking or batch code or batch number22Restricted particulars23PART IV: SAMPLING AND INSPECTIONSampling24Analysis25PART V: OFFENCES AND PENALTIESOffences and penalties26Definitions1.Any word or expression in these regulations to which a meaning has been assigned in the Act shall have that meaning, and unless the context otherwise indicates –"batch" means a definite quantity of coffee, chicory or related products produced essentially under the same conditions, and not exceeding 24 hours;"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;"chicory" means the product defined in regulation 10;"coffee" means the products defined in regulations 4 and 5;"cold brew coffee" or "cold brew" means that Coffee (ground coffee or coffee powder) has been soaked/ steeped, usually for 12 to 24 hours, in cold water or water at room temperature and then strained; "container" means the immediate container in which coffee, chicory or a related product is packed for sale to the consumer, but does not include individual pods or capsules and coffee filter bags containing such products;"dark roast" means the whole green (raw) coffee beans have been roasted to a dark (sometimes almost black) colour with visible oil on the surface of the beans;"decaffeinated" means that the caffeine has been extracted to the extent specified in regulation 6;"Executive Officer" means the officer designated under section 2(1) of the Act;"food additive" means a food additive as defined in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);"foodstuff" means a foodstuff as defined under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);"foreign matter" means any material which is not normally present in coffee, chicory or related products; "green (raw) coffee beans" means the whole seeds of any species of Coffea (e.g. Coffea Arabica L., Coffea Robusta Chev., Coffea liberica Hiern, etc.) freed from all but a small portion of its spermoderm;"inspector" means an officer under the control of the Executive Officer, or an assignee or an employee of an assignee;"light roast" means the whole green (raw) coffee beans have been roasted to a light brown colour with no visible oil showing on the surface of the beans;"main panel" means that part of the container or label that bears the brand name or trade mark of the product in greatest prominence or any other part of the container or label that bears the brand name or trade mark in equal prominence;"medium-dark roast" means the whole green (raw) coffee beans have been roasted to a rich, dark colour with some oil beginning to show on the surface of the beans; "medium roast" means the whole green (raw) coffee beans have been roasted to a medium brown colour with no visible oil showing on the surface of the beans; "outer container" means a container in which more than one container of coffee, chicory or a related product is packed;"related products" means the products defined in regulations 6 to 9 and 11 to 14; "roasting" means a heat process (e.g. direct heat, hot air, etc.) that turns whole green (raw/ unroasted) coffee beans into the fragrant brown beans suitable for grinding and brewing, and ‘roast’ has a corresponding meaning;"the Act" means the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990); and"use by date" or "expiration date" means the date which signifies the end of the period under any stated storage conditions, after which the product should not be sold or consumed due to safety and quality reasons. Restrictions on the sale of coffee, chicory and related products2.(1)No person shall, subject to the provisions of sub-regulation (2), sell coffee, chicory and related products in the Republic of South Africa unless –it is sold according to the categories referred to in regulation 3;it complies with the standards prescribed for each category referred to in regulations 4 to 14;the containers in which it has been packed comply with the requirements referred to in regulation 15; it is marked in the manner and with the particulars referred to in regulations 16 to 22; andit has not been marked with any restricted particulars or in a manner which is prohibited in terms of regulation 23.(2)The Executive Officer may grant written exemption, entirely or partially, to any person on such conditions as he deems necessary, from the provisions of sub-regulation (1).(3) The restrictions in sub-regulation (1) shall not apply to the sale of – green (raw) coffee beans intended for further processing and/or roasting purposes; coffee, chicory and related products that are in the course of a business prepared and served on the premises in the ready-to-drink form to the consumer at e.g. a restaurant, coffee shop, club, canteen, a fixed or mobile stall, etc.; and products based on coffee, chicory and related products, either in the ready-to-drink (hot or cold) or a premix powder form, that are presented for sale to the consumer at e.g. a restaurant, coffee shop, retail outlet, etc. under a specific designation or variant name based on its composition such as, but not limited to “Cappuccino”, “Cafe latte”, “Mocha”, “Macchiato”, etc. PART ICATEGORIES OF AND STANDARDS FOR COFFEE, CHICORY AND RELATED PRODUCTSCategories of coffee, chicory and related products3.The categories of coffee, chicory and related products shall be as follows:Roasted coffee beans.Coffee (ground coffee or coffee powder).Instant coffee (soluble coffee extracts).Decaffeinated coffee and Decaffeinated instant coffee.Coffee essence (liquid coffee extract/ concentrate).Mixed coffee (coffee mixture).Chicory.Coffee and chicory mixture. Coffee and chicory essence (liquid coffee and chicory extract).Instant coffee and chicory extract.Premix coffee in powder form.Standards for categories of coffee, chicory and related productsRoasted coffee beans 4.(1)Roasted coffee beans shall consist of whole green (raw) coffee beans of any species of Coffea (e.g. Coffea Arabica L., Coffea Robusta Chev., Coffea liberica Hiern, etc.) that have been– properly cleaned, and that are free from any insect and fungal infestation; and suitably roasted to the desired colour, i.e. light roast, medium roast, medium-dark roast or dark roast.(2)The moisture content of the roasted whole beans shall not exceed 5.0 percent at the time of packing. Coffee (ground coffee or coffee powder)5.(1)Coffee (ground coffee or coffee powder) shall –consist of roasted coffee beans that have been ground so as to be suitable for making an infusion or decoction; be free from husks and any other foreign matter;be free from any artificial colouring and flavouring;have the characteristic coffee flavour and be free from any rancid or any foreign flavour;be free from fungal infestation; contain no chicory, added food additives or foodstuffs; not have a moisture content of more than 5.0 percent at the time of packing; andhave an anhydrous caffeine content of 2.8 to 5.0 percent.(2)The particle size of Coffee (ground coffee or coffee powder) shall be graded as extra fine, fine, medium and coarse in accordance with the specifications in Table 1:TABLE 1PARTICLE SIZE OF COFFEE (GROUND COFFEE OR COFFEE POWDER)GradeMaximum percent by mass retained on a 710 micron sieveMaximum percent by mass retained on a 500 micron sieveMaximum percent by mass passing through a 355 micron sieveExtra fine510?50Fine101550Medium202030Coarse302515Instant coffee (soluble coffee extracts)6.(1)Instant coffee (soluble coffee extracts) shall – consist of the dried soluble solids obtained from water extraction of freshly roasted coffee beans;contain only the soluble and aromatic constituents of coffee, apart from those insoluble substances which is impossible to remove and insoluble oils derived from coffee;be in the form of free flowing powder or granule having the colour, taste and flavour characteristic of coffee;(d) contain at least 2.25 percent of anhydrous caffeine derived from coffee; and(e)dissolve in boiling water in 30 seconds with moderate stirring.(2)Instant coffee (soluble coffee extracts) may contain food additives limited to processing aids and preservatives permitted for in terms of the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972).(3)(a)The types of Instant coffee (soluble coffee extracts) shall be as follows:(i)Spray dried, powdered:Means that the Instant coffee (soluble coffee extracts) was obtained through spray drying and the dried particles are in a powder form. Spray dried, agglomerated:Means that the Instant coffee (soluble coffee extracts) was obtained through spray drying and by a process in which the dried particles are fused together to form large particles or granules.Freeze dried:Means that the Instant coffee (soluble coffee extracts) was obtained through freeze drying and the dried particles have a granular appearance.(b)The types of Instant coffee (soluble coffee extracts) referred to in paragraph (a) shall -- (i)be in the form of free flowing powder or granule that are free from lumps and which do not compress with light pressure; and(ii)have the colour, taste and flavour characteristic of coffee.Decaffeinated coffee and Decaffeinated instant coffee7.(1) The removal of caffeine from whole green (raw) coffee beans shall be achieved by any suitable means and may include the use of extraction solvents permitted for in terms of the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972).(2)Decaffeinated coffee shall – consist of freshly roasted decaffeinated whole green (raw) beans that have been ground to deliver a product similar to Coffee (ground coffee or coffee powder); andnot contain more that 0.1 percent of anhydrous caffeine. (3) Decaffeinated instant coffee shall – consist of the dried soluble solids obtained from water extraction of freshly roasted decaffeinated whole green (raw) beans to deliver a product similar to Instant coffee (soluble coffee extracts); and not contain more that 0.3 percent of anhydrous caffeine. Coffee essence (liquid coffee extract/ concentrate)8.Coffee essence (liquid coffee extract/ concentrate) shall – consist of the essence or liquid extract (concentrate) from Coffee (ground coffee or coffee powder) with or without the addition of glycerol or sugar or a combination of these;not contain any added food additives or foodstuffs other than those mentioned in paragraph (a); andcontain at least 0.5 percent of anhydrous caffeine derived from Coffee (ground coffee or coffee powder).Mixed coffee (coffee mixture)9.(1) Mixed coffee shall consist of a mixture of Coffee (ground coffee or coffee powder) and Chicory only. (2)Coffee (ground coffee or coffee powder) shall constitute at least 75 percent of the mixture.Chicory10. (1) Chicory shall consist of the powder obtained by roasting and grinding the cleaned and dried roots of Cichorium intybus L. usually used for the preparation of beverages.(2) Chicory in the powder form shall --contain 3.5 to 8.0 percent of ash;not contain more than 2.5 percent of ash insoluble in dilute hydrochloric acid; andcontain at least 60 percent of water soluble extract.Coffee and chicory mixture11.(1) Coffee and chicory mixture shall – consist of a mixture of Coffee (ground coffee or coffee powder) and Chicory only;have an anhydrous caffeine content of at least 0.6 percent; andnot contain more than 50 percent of water soluble extract.(2)Coffee (ground coffee or coffee powder) shall constitute at least 50 percent of the mixture.Coffee and chicory essence (liquid coffee and chicory extract)12.Coffee and chicory essence (liquid coffee and chicory extract) shall –consist of the essence or liquid extract from the Coffee and chicory mixture referred to in regulation 11, with or without the addition of glycerol or sugar or glucose or any combination of these; andcontain at least 0.25 percent of anhydrous caffeine derived from coffee.Instant coffee and chicory extract13.(1) Instant coffee and chicory extract shall consist of the dried soluble solids prepared from water extraction of Coffee and chicory mixture as specified in regulation 11.(2) Instant coffee and chicory extract -(a)shall contain not less than 50 percent of coffee;(b) may contain sugar; and(c) shall dissolve in boiling water in 30 seconds with moderate stirring.(3)(a)The types of instant coffee and chicory extract shall be as follows:(i)Spray dried, powdered:Means that the instant coffee and chicory extract is obtained through spray drying and the dried particles are in a powder form. Spray dried, agglomerated:Means that the instant coffee and chicory extract is obtained through spray drying and by a process in which the dried particles are fused together to form large particles or granules.Freeze dried:Means that the instant coffee and chicory extract is obtained through freeze drying and the dried particles have a granular appearance.(b)The types of instant coffee referred to in paragraph (a) shall be free flowing, and free from lumps which do not compress with light pressure.Premix coffee in powder form14. Premix coffee in powder form – shall consist of Instant coffee (soluble coffee extracts) or Instant coffee and chicory extract mixed with sugar and/or non-nutritive sweeteners and/or milk powder and/or creamer; andis intended to be dissolved in hot water to deliver a ready-to-drink coffee beverage.PART IICONTAINERS AND OUTER CONTAINERSRequirements for containers and outer containers15.(1)A container in which coffee, chicory or related products is packed shall --(a)be manufactured from a material that --(i)is suitable for this purpose;(ii)will protect the contents thereof from contamination; and(iii)will not impart any undesirable flavour to the contents thereof;(b)be so strong that it will not be damaged or deformed during normal storage, handling and transport practices;(c)be intact and clean; and(d)be closed properly in a manner permitted by the nature thereof.(2)If containers containing coffee, chicory or related products are packed in outer containers, such outer containers shall --be intact, clean, neat, suitable and strong enough; andnot impart any undesirable taste or flavour to the contents thereof.PART IIIMARKING REQUIREMENTSMarking of containers and outer containers16.(1)Except where specifically prescribed, all other marking requirements as specified by these regulations shall be clearly legible and be indicated at least in English, in a letter or figure size of at least 1 mm for lower case vowels.(2)Each container in which coffee, chicory and related products are packed shall be marked with the following particulars: The product description, and if applicable the additions to the product description, in letters of the same type, size, colour and font, prominently on at least one main panel in a letter size of at least 3 mm in height for lower case vowels, as set out in regulations 17 and 18 respectively: Provided that – the name of the added foodstuff (e.g. ‘milk’, etc.) or the name of the added flavourant (e.g. ‘vanilla flavoured’, etc.) may be indicated in one different colour when used in the additions to the product description; the difference in letter size between the smallest letter in the product name and smallest letter in the additions to the product name indication shall not exceed 2 mm; andin the case of Premix coffee in powder form the letter size may be reduced to minimum 2 mm.The additional particulars on the main panel, where applicable, as set out in regulation 19.The name and address of the manufacturer, packer, importer, seller or person or entity on whose behalf the product has been packed. The country of origin, as set out in regulation 21.The date marking (i.e. "best before" or "best quality before" or "use by" or "expiration date") or batch code or batch number for the purpose traceability and batch identification, as set out in regulation 22.(3)The particulars referred to in sub-regulation (2)(a), (c), (d) and (e) shall be marked on each outer container in which more than one container of coffee, chicory or a related product is packed.(4)In the case where Coffee (ground coffee or coffee powder) is presented for sale in pods/ capsules or coffee filter bags packed in a container, the individual pods/ capsules or coffee 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 coffee filter bags shall be marked with all the prescribed marking requirements and in the prescribed letter sizes.Indicating the product description17.(1)The product descriptions for the categories of coffee, chicory and related products shall be as follows:TABLE 2PRODUCT DESCRIPTIONS FOR THE CATEGORIES OF COFFEE, CHICORYAND RELATED PRODUCTSCategoryProduct description12Roasted coffee beans“Roasted coffee beans” or “Coffee beans”Coffee (ground coffee or coffee powder)“Coffee”/ “Roasted coffee” or “Ground coffee”/ “Roasted ground coffee” or “Coffee powder”/ “Roasted coffee powder” Instant coffee (soluble coffee extracts)"Instant coffee" or "Soluble coffee"Decaffeinated coffee and Decaffeinated instant coffee“Decaffeinated coffee”/ “Decaf coffee” or “Decaffeinated instant coffee”/ “Decaf instant coffee”, as the case may beCoffee essence (liquid coffee extract/ concentrate)"Coffee essence" or "Liquid coffee extract" or “Liquid coffee concentrate” Mixed coffee (coffee mixture)“Coffee mixture” or “Mixed coffee”Chicory“Chicory” or “Chicory powder”Coffee and chicory mixture“Coffee and chicory” or “Coffee and chicory mixture”Coffee and chicory essence (liquid coffee and chicory extract)“Coffee and chicory essence” or “Liquid coffee and chicory extract” or “Liquid coffee and chicory concentrate”Instant coffee and chicory extract"Instant coffee and chicory" or "Soluble coffee and chicory"Premix coffee in powder form“Instant coffee with milk powder”/ “Soluble coffee with milk powder”, “Instant coffee with creamer”/ “Soluble coffee with creamer”, or “Instant coffee and chicory with milk powder”/ “Soluble coffee and chicory with milk powder”, “Instant coffee and chicory with creamer”/ “Soluble coffee and chicory with creamer”, as the case may be.(2)The word “mixture” in the product description may be substituted by the word “mix” or “blend”.(3)The product description in column 2 of Table 2 may be marked in altered word sequence: Provided that the altered word sequence does not constitute a misrepresentation, or does not directly or by implication create a misleading impression regarding the quality, nature, origin, category or composition of the particular coffee, chicory or related product concerned. Additions to the product description18.(1) The following information may be indicated as part of the product description and/or be indicated on its own:The specific species of Coffea (e.g. Arabica, Robusta, etc.) from which the beans originate.The intensity of the roast of the coffee beans, i.e. light roast, medium roast, medium-dark roast or dark roast, in the case of Roasted coffee beans and Coffee (ground coffee or coffee powder).The method used, i.e. spray dried or freeze dried, to obtain Instant coffee (soluble coffee extracts) or Instant coffee and chicory extract.The claims “100%”, “100% pure” “100% coffee” or “100% pure coffee”, or any word or words having a similar meaning, in the case of Roasted coffee beans and Coffee (ground coffee or coffee powder) only: Provided that if a flavouring and/or any foodstuff has been added to the afore-mentioned products, these claims shall not be marked on the container of such products.The claims “pure” or “pure coffee”, or any word or words having a similar meaning, in the case of Instant coffee (soluble coffee extracts): Provided that –such claim shall immediately be followed by the word “extract“;(ii)the largest letter of such claim shall not exceed the letter size of the largest letter of the product description specified in regulation 17(1); and(iii)if a flavouring and/or any foodstuff has been added to the afore-mentioned products, these claims shall not be marked on the container of such product.(2)If a flavouring has been added to a category of coffee, chicory or related products in order to render a distinctive specific flavour thereto, the product description 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. Additional particulars on the main panel19.(1)In the case of Mixed coffee (coffee mixture) as well as Coffee and chicory mixture, a statement regarding the percentage of coffee in the mixture (on a mass per mass basis) shall be indicated on the main panel. (2)In the case of Coffee essence (liquid coffee extract/ concentrate), a statement regarding the percentage of caffeine in the coffee essence shall be indicated on the main panel.(3)If coffee, chicory or a related product is packed in individual pods or capsules or coffee filter bags, the main panel of each container containing such pods or capsules or coffee filter bags shall be marked with wording communicating this: Provided that –such wording may also be indicated as part of the product description only; and if the contents of the container is clearly visible and identifiable from the outside, the wording communicating this may be omitted.(4) In the case of Premix coffee in powder form, 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.Additional particulars on the container20.(1)Where coffee is derived exclusively from one country, location or geographical area, the name of that country, location or geographical area may be indicated on the container, e.g. Antigua, etc.(2)In the case of Roasted coffee beans and Coffee (ground coffee or coffee powder) only, the names or descriptions used to describe the style of roast of the coffee beans may be indicated on the container, e.g. French roast, Brazilian roast, Italian roast, Cinnamon roast, Continental roast, etc.(3)Sensory descriptions about the flavour and aroma of a particular coffee, chicory or a related product may be indicated on the container: Provided that it does not form part of the product description.(4)The names or descriptions used to distinguish between the various mixtures or blends of coffee may be indicated on the container, e.g. Mocha Java, Blue Mountain Blend, Wiener Mischung, House Blend, Continental Blend, etc.(5)The word “Espresso” to describe a specific style of coffee or the intended use may be indicated on the container of Coffee (ground coffee or coffee powder) or Instant coffee (soluble coffee extracts): Provided that the particles shall be in a fine powder form.(6)Every container containing Coffee essence (liquid coffee extract/ concentrate), Coffee and chicory essence (liquid coffee and chicory extract) or Premix coffee in powder form shall be labelled with clear directions for use.Country of origin21.(1)The country of origin shall be declared as follows on every container:"Product of (name of country)" if all the main ingredients, processing and labour used to make the product are from one specific country; or"Produced in (name of country)", "Processed in (name of country)", "Manufactured in (name of country)", "Made in (name of country)", or wording having a similar meaning, when the product is processed in a second country which changes its nature; orIn the case where single ingredient agricultural commodities are imported in bulk and where owing to climatic, seasonal or other contingencies more than one country may be the source of the single ingredient agricultural commodity, the wording “Product of (name(s) of country(ies))” separated by the expression ‘and/or’, shall be declared on the label of the final pre-packed foodstuff: Provided that the final end product remains a single ingredient agricultural commodity.(2)The words "Packed in (name of country)" may be used in addition to the requirements referred to in sub-regulation (1).(3)The name(s) of the country(ies) indicated in terms of sub-regulations (1) and (2) may not be abbreviated.Indicating the date marking or batch code or batch number22.(1)For the purpose of batch identification and traceability, each container containing coffee, chicory and related products shall be clearly marked with the date marking or batch code or batch number in such a way that the specific batch is easily identifiable and traceable.(2)(a)If a date marking appears on a container –(i)it shall be preceded by appropriate wording “best before” or “best quality before” and/or “use by”, and/or “expiration date”, depending on the nature of the coffee, chicory or related product concerned; (ii)abbreviations of the preceding wording shall not be allowed, except in the case of “best before” where the abbreviation “BB” may be used;(iii)the date sequence shall be “day-month-year” (i.e. “dd/mm/yyyy”) when numbers only are used: Provided that in the case of imported products where an altered date sequence is used, the month shall be indicated in letters, either written out in full or abbreviated, and the year shall be written out in full; and (iv)it shall not be removed or altered by any person.(b)If coffee, chicory or a relate 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.Restricted particulars 23.(1)Subject to the provisions of sub-regulation (2) --(a)no product description other than the applicable product description in Table 2 for the coffee, chicory or related product concerned shall be marked on a container thereof: Provided that product descriptions of other categories of coffee, chicory and/or related products from the same manufacturer indicated for the sole purpose of promotion and/or comparative claims shall be allowed on the side panel or back panel of a container and shall be accompanied by wording such as but not limited to “also try these products in our range”, etc.; and(b)no word or expression which so nearly resembles the product description for coffee, chicory or a related product concerned that it could be misleading with regard to the composition of the product presented for sale shall be marked on the container of such product.(2)If the product description or a word or expression referred to in sub-regulation (1)(b), forms part of a registered trade mark that has been in use before the date of publication of this regulation, such trade mark may continue to be marked on a container if an abbreviation of the trade mark symbol that is prescribed under the Trade Marks Act, 1993 (Act No. 194 of 1993), is marked in close proximity thereto.(3)No word, mark, illustration, depiction or other method of expression that constitutes a misrepresentation or directly or by implication creates or may create a misleading impression regarding the quality, nature, category, origin or composition of coffee, chicory or a related product shall be marked on a container of such product. (4)Subject to the provisions of sub-regulation (2), no registered trade mark or brand name which may possibly, directly or by implication, be misleading or create a false impression of the contents of a container or outer container containing coffee, chicory or a related product shall appear on such a container.(5)Subject to the provisions of sub-regulations 18(4) and 18(5), the claims “100%”, “100% pure” “100% coffee” or “100% pure coffee” shall not be marked on the container of Instant coffee (soluble coffee extracts), Decaffeinated coffee, Decaffeinated instant coffee, Coffee essence (liquid coffee extract/ concentrate), Mixed coffee (coffee mixture), Chicory, Coffee and chicory mixture, Coffee and chicory essence (liquid coffee and chicory extract) or Instant coffee and chicory extract.(6)No claim regarding the absence of any substance that does not normally occur in coffee, chicory or a related product shall be marked on the container of such product, except in the cases where the negative claim is allowed for in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972).(7)The word “instant” may only be marked on the container containing Instant coffee (soluble coffee extract) and Instant coffee and chicory extract.(8)The words “cold brew coffee” or “cold brew” may be marked on the container containing a product that meets the requirements of the definition set out in regulation 1 only. (9)The provisions of this regulation shall also apply to particulars that are marked on --an outer container in which one or more separate containers of coffee, chicory or related products is packed;a notice board displayed at or in the immediate vicinity of coffee, chicory or a related product that is kept or displayed for sale; andall advertisements for coffee, chicory and related products.PART IVSAMPLING AND INSPECTIONSampling24.For the purpose of inspection for quality control an inspector shall take such samples of a product, material, substance or other article in question as he or she may deem necessary.Analysis 25. (1)Samples shall be analysed using the latest versions of the methods set out in Table 3. (2)Notwithstanding sub-regulation (1), any other method which is accepted and approved by the Association of Official Agricultural Chemists (AOAC) or the International Organization for Standardization (ISO) may be used: Provided that –the method concerned has been validated; the laboratory concerned employing this method has been accredited (e.g. by SANAS); andthe laboratory concerned conducts proficiency testing/ inter-laboratory comparisons. TABLE 3METHODS OF ANALYSISNature of determinationMethodAcid insoluble ash (on a dry basis)IS 3077: 1972Caffeine content (anhydrous)AOAC 960.25/ 979.11 ISO 4052:1983ISO 20481:2008Moisture contentAOAC 968.11/ 979:12ISO 20938:2008Total ash (on a dry basis)AOAC 920.93AWater soluble extract (on a dry basis)AOAC 920.100B IS – Bureau of Indian Standards(3)If the results of the analysis performed deviate from the prescribed compositional requirements for the product concerned, the whole batch from which the relevant samples were obtained shall be regarded as non-compliant.PART VOFFENCES AND PENALTIESOffences and penalties26.Any person who contravenes or fails to comply with the provisions of these regulations shall be guilty of an offence and upon conviction be liable to a fine or imprisonment in accordance with section 11 of the Act. ................
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