http://www.unileverfoodsolutions.co.za/our-services/your-menu/Seductive_Nutrition | When it comes to food safety and the health of your guests, the labels of food products are an imperative aspect. Be sure to read through Unilever’s Food Labelling guide and that you understand the Consumer Protection Act.

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your
MENU
Helping you
and your
team to be
compliant
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 Office Estate
La Lucia
4051
www.ufs.com
Copyright © 2012
This work is the property of Unilever South Africa (Pty) Ltd.
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of the Copyright Act 98 of 1998, no part of this work may
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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 first act in South Africa aimed
at providing comprehensive protection to
consumers. The CPA equips consumers with
nine fundamental rights and clearly defines 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
9
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.
Chapter 1 The Consumer Protection Act
11

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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
Chapter 1 The Consumer Protection Act

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