There are new Regulations Regarding the Labelling and Advertising of Foodstuffs on the horizon. On 21 April 2023, the Minister published R3337 – the new draft regulations under the Food Cosmetics and Disinfectants Act, 54 of 1972 (herein after “the FDC Act”). Please note that R3337 replaces R2986, R3287, and R3320.
 
R3337 contains provisions which may adversely affect stakeholders should it be approved in its current form. Stakeholders who may be affected by the promulgation of these draft regulations are invited to make submissions on the draft regulations, however, these must be submitted by 21 July 2023. 
 
There are concerns that the Regulations were not published in accordance with the requirements of section 15 of the FDC Act in that the guidelines were not Gazetted along with the Regulations. Some associations and individuals have requested an extension to the deadline, but the granting of any extensions cannot be guaranteed. It is therefore advisable that stakeholders who wish to do so prepare submissions with a view of submitting before the current deadline. This will provide a safety net to ensure that key submissions are ready for submission and consideration in the event that the Department of Health does not grant further extensions.   
 
It is important for each stakeholder to consider the regulations and the effects it may have on their business and the industry at large. When making submissions, it should incorporate comments on the practical difficulties faced by each provision together with recommendations on how to overcome such difficulties. Submissions need to be well substantiated and should be evidence based.

Should you require our assistance or advice regarding the salient issues which may affect your business directly or assistance with making submissions on your behalf, kindly e-mail Andrew Papadopoulos and Carmin Cornelius at: andrewp@kisch-ip.com and carminc@kisch-ip.com.