Food labelling the consumer protection act

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Food labelling, ingredients and legislation

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The UFS Food Labelling Guide 2012 is published by:

Unilever South Africa (Pty) Ltd.

15 Nollsworth Crescent, La Lucia Ridge

La Lucia Ridge Offi ce Estate

La Lucia

4051

www.ufs.com

Copyright © 2012

This work is the property of Unilever South Africa (Pty) Ltd.

This work is protected under the Berne Convention. In terms

of the Copyright Act 98 of 1998, no part of this work may

be reproduced or transmitted in any form or by any means,

electronic or mechanical, including photocopying, recording

or by any information storage and retrieval system without

permission in writing from Unilever South Africa (Pty) Ltd.

Whilst every effort has been made to ensure that

the information published in this work is accurate,

Unilever South Africa (Pty) Ltd, the editors, publishers

and printers take no responsibility for any loss or

damage suffered by any person as a result of the

reliance upon the information contained therein.

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The Consumer Protection Act 68 of 2008 (the

CPA) is the fi rst act in South Africa aimed

at providing comprehensive protection to

consumers. The CPA equips consumers with

nine fundamental rights and clearly defi nes the

responsibilities of suppliers of goods or services.

This guide attempts to highlight provisions

included in the CPA that will have an impact

on your business.

The Consumer Protection Act

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Chapter 1 The Consumer Protection Act

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When does the CPA apply?

The CPA has an extensive application

and applies to:

Who is a ‘Consumer’?

The term ‘Consumer’ includes persons:

• To whom goods or services

are marketed.

• Who have entered into transactions

with suppliers.

• The end-users of particular

goods or recipients/beneficiaries

of services.

• A franchisee in a

franchise agreement.

Although the definition of

‘consumer’ is broad, it is subject

to certain exclusions.

Who is a ‘Supplier’?

‘Supplier’ means a person who

markets any goods or services.

One such exemption where the CPA will not apply is where the consumer in a transaction is a juristic person whose annual turn over or asset value exceeds R 2 million, however the liability provision of the CPA will still apply in this instance.

Every transaction (as defined)

that occurs within the Republic of South Africa

for the supply of goods or services

in the ordinary course of business of the supplier

unless it is specifically exempted

What are ‘Goods’?

‘Goods’ includes anything marketed

for human consumption.

Thus, subject to certain exceptions,

on a day to day basis, your business’s

interactions and transactions with

consumers will be subject to the

provisions of the CPA.

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It is important to remember when

considering the specific provisions of the

CPA that its primary objective is to protect

the interests and safeguard the rights of

consumers.

Provision is made for the following

consumer rights in the CPA: the right to

equality in the consumer market; the right

to privacy; the right to choose; the right to

disclosure and information; the right to fair

and responsible marketing; the right to fair

and honest dealing; the right to fair, just and

reasonable terms and conditions; the right

to fair value, good quality and safety and

the supplier’s accountability to consumers.

Important provisions of the CPA

The right to fair and responsible marketing:

You may not promote or market your meals

in a way that is misleading or deceptive to

the consumer or guest.

Example: Describing your meat as Grade A

quality beef when it is in fact not Grade A

or misleading your guests regarding the

origin of your ingredients (e.g. Mozambican

prawns when they are in fact from Durban).

The right to fair value, good quality and safety:

The CPA provides the right to safe, good

quality goods, and imposes an obligation

on a supplier to ensure that there are

adequate warnings concerning the fact

and nature of risks associated with goods.

Example: Claims could arise due to lack of

warning of allergens on menu descriptors;

if the consumer is not adequately warned

that the menu items contains nuts and the

consumer suffers an allergic reaction to nuts.


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Product liability

The CPA provides that the producer,

importer, distributor and retailer are all

jointly and severally liable for any harm

to a consumer caused wholly or partly as

a consequence of:

• Supplying any unsafe goods; (this could

include meals that are prepared for a

consumer in your kitchen).

• Inadequate instructions or warnings

provided to the consumer pertaining to

the goods; irrespective of whether or not

negligence can be attributed to the

particular supplier. (This is why it is

advisable to keep a list of ingredients

and allergens (nuts, seafood etc) should

your guest request this).

No fault liability

A consumer may now hold any

member of the supply chain (i.e.

the producer, importer, distributor

or retailer) liable for any harm

whether or not they were negligent.

Should a consumer fall ill after

eating in your establishment, you

could be liable for harm if the

consumer can prove it, even though

the harm may not have arisen due

to any fault of your own.

What does a consumer

need to prove?

Although a consumer will no longer

need to prove negligence, they will

still have to prove the following to

succeed with their claim for

damages; product was unsafe, or

the consumer suffered harm as a

result of the unsafe goods.

What harm can a person be liable for?

Harm for which a person may be held liable under the CPA

includes the death of, or injury to, any natural person.

For example, claims for liability could arise from consumers

having allergic reactions to ingredients of which the consumer

was not adequately warned, the use of foreign objects in food

products and food poisoning.

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What can businesses do to protect themselves?

• Purchase your ingredients from credible

suppliers that practice safe

manufacturing and comply with food

labelling legislation.

• Store your food ingredients safely and

according to instructions on pack.

• Never use food ingredients that have

passed their expiry date.

• Practice stock rotation.

• Destroy expired food ingredients

in a responsible manner.

• Accurately label your menu descriptors.

• Ensure you can present your guest

with a list of allergens and additives

if requested.

Visit the following websites for more details

www.info.gov.za

www.restaurant.org.za/pdf/A_Guide_To_

The_Consumer_Protection_Act.pdf

www.eldin.co.za


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Dietary requirements

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243

The Vegetarian Society, 2012. Food – Help for

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Symbols and logos

Heart and Stroke Foundation South Africa,

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Storage continued...

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fi sh keep in the fridge? [Online] http://chowhound.

chow.com/topics/276180


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