What are the rules concerning food expiry dates in South Africa? Are some foods exempt?Is it illegal to sell foods past their sell by date?

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I came across an article (24 Jan 2023) in the New York Times titled “The Food Expiration Dates You Should Actually Follow. The first thing you should know? The dates, as we know them, have nothing to do with safety” by J. Kenji López-Alt.

The article blows some of the myths of expiry dates but this applies only to the United States of America. In South Africa the law is different and we need to take a closer look at what is allowed in South Africa and what is not allowed.

?These days there are many food outlets that are selling food products beyond the expiry dates. It’s become a business. But it must be tricky for these businesses to know what is allowed and what isn’t.

I’ll take a run through some of the things I find interesting, but if you need more detailed and accurate information, contact a lawyer, a food technologist, and peruse the Regulation 146.

The information below is elliptic but it should give you an idea of what you could go explore if you are more interested.??

In South Africa, there are specific rules concerning food expiry dates and the sale of food beyond these dates. According to South African law, it is mandatory to place date stamps on most food items, with the exception of certain non-perishable items 3. These date stamps include “Best Before,” “Sell By,” and “Use By” dates, which indicate the period during which the food is deemed safe and suitable for consumption 5.
Here is a detailed breakdown of the rules and regulations regarding food expiry dates in South Africa:

  • Legal Requirements:
  • South African law requires food establishments to display date marks on food items, except for non-perishable goods 3.
  • The law specifies three types of date marks: “Best Before,” “Sell By,” and “Use By.” Each has a distinct meaning related to the quality and safety of the food 5.
  • Expiration Date Definitions:
  • “Best Before” Date: This date indicates the last day on which the food will maintain its original quality and characteristics 5.
  • “Sell By” Date: This is the last day on which the food may be sold. After this date, it should be discounted but is not necessarily illegal to sell 4.
  • “Use By” Date: This date signifies the end of the timeframe within which the food is considered safe to eat. It is illegal to sell products after this date as they are no longer considered safe 2.
  • Exemptions:
  • Certain non-perishable items are exempt from the requirement to bear date stamps 3. However, these exemptions are limited and apply to specific categories of food.
  • Illegal Activity:
  • It is illegal to sell or even donate food past its “use-by” date due to safety concerns 2.

To summarize, in South Africa, while some foods may be exempt from the requirement to carry date stamps, the sale of perishable items beyond their “use-by” date is illegal due to safety and quality concerns 25.

In South Africa, according to Regulation 146 under the Foodstuffs, Cosmetics and Disinfectants Act, certain food products are exempt from having to display an expiry or best before date. These include:

  1. Vinegar
  2. Salt (table, cooking, and rock)
  3. Solid sugar (this includes types such as granulated, powdered, and lump sugars)
  4. Confectionery products made almost solely from flavored and/or colored sugars, such as hard candies
  5. Chewing gums and similar chewing products

These exemptions are generally due to the nature of these products, which do not spoil easily and have a very long shelf life when stored properly. Always make sure to check the latest regulations or guidance from relevant authorities as specifics can sometimes be updated or revised.

Disclaimer: The information provided in this article is for general informational purposes only and should not be construed as legal or professional advice. It is provided solely for interest and educational purposes. Specific information regarding regulations for foodstuffs in South Africa should be obtained from qualified professionals such as lawyers or food industry experts. Adherence to regulations and legal requirements should always be ensured when dealing with food products.

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