Question NW623 to the Minister of Health

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20 March 2024 - NW623

Profile picture: Hlengwa, Ms MD

Hlengwa, Ms MD to ask the Minister of Health

What specific steps has his department taken to regulate the (a) sales and (b) marketing of unhealthy foods and/or products that make a significant contribution to death, especially in the context of inadequate regulation in the countries of the global south?

Reply:

(a) and (b)

The Minister of Health, through the Foodstuffs, Cosmetics and Disinfectants Act (FCD), 1972 (Act. 54 of 1972) regulates foodstuffs with the aim of promoting food safety and to prohibit the misleading advertising of foods. The regulations relating to foodstuffs are aligned to the global best practice of the joint World Health Organisation and Food and Agricultural Organisations’ Codex Alimentarius.

The Department of Health is committed to the improvement of the health and nutrition of South Africans through regulating the labelling of foodstuffs sold in South Africa. This would allow South Africans to make healthy food choices without being misled through inaccurately labelled and advertised foodstuffs thereby assisting consumers to make good nutritional choices and adopt a healthy lifestyle.

In terms of the legislation “it is an offence’ to sell foodstuff that does not bear a label indicating the kinds or grades of ingredients and their proportions or amounts present in a mixed, blended or compounded foodstuff.

The Minister of Health has published the following regulations to help reduce premature death from noncommunicable diseases which is Goal 3.4 of the Sustainable Development Goals:

1. Regulations relating to Trans-Fats in foodstuffs (No.R.127 of 2011), prohibit the sale, manufacture and importation of oils and fats, including continuous phase emulsions, either alone or as part of processed foods. An increased intake of trans fat (>1% of total energy intake) is associated with increased risk of coronary heart disease (CHDs) mortality and relevant events. South Africa is one of the global leaders in protecting the heart health of its citizens through the regulation of Trans Fats.

2. Regulations relating to the reduction of sodium in certain foodstuffs and related matters (No.R.214 of 2013) to help in reducing salt (sodium chloride) intake to less than 5g per day. Excessive salt intake is associated with high blood pressure (hypertension) which is a major risk factor for CVDs. Scientific evidence suggests that reducing sodium intake significantly reduce blood pressure and risk of cardiovascular diseases in adults particularly its contribution towards coronary artery disease and stroke. South Africa is the first country in the world to legislate salt levels to help reduce the amount of salt in processed foods.

3. Regulations relating to foodstuffs for infants and young children (No.R.991 of 2012) aims to protect and promote optimal infant and young child feeding practices and to encourage the safe and appropriate use of commercially processed foods through regulating the labelling, advertising, sale and promotion, and the provision of information and education relating to infant and young child feeding and nutrition.

4. Regulations governing general hygiene requirements for food premises, the transport of food and related matters (No.R.638 of 2018) ensures that all food products are safe for consumption by the public. The regulations apply to all food establishments, including restaurants and hotels, and cover a range of topics including hygiene, food handling, transportation, storage and food preparation. All food establishments that comply with these regulations are issued with the Certificate of Acceptability.

The Minister has also published draft regulations to improve food labelling requirements so that consumers are clear about the contents of food. (No.R.146/2010). These regulations include the following :

(i) a model to classify healthy foods

(ii) specifying criteria for health claims, and,

(iii) a mandatory Front of Pack Label in the form of a easily understood logos, to assist consumers in identifying foods that exceed the threshold of certain “negative” nutrients (added sugar, sodium, and saturated fats) that contribute to the rising obesity and non-communicable disease and death burden in South Africa.

These regulations are implemented at local government level where health inspectors would do inspections to check compliance with regulatory requirements outlined above.

The purpose of regulating the sale and marketing of foods is to inform the consumer of the risk associated to the consumption of particular foods. Evidence from several countries suggests that consumers make healthy food choices when provided with information about the food they consume.

END.

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