The department of agriculture, land reform and rural development has vowed to hold off on its plans to remove “substandard” or “misleading” veggie meat products from shelves across the country.
This comes after the Johannesburg High Court granted an interim interdict which protects meat analogue and other plant-based products from being seized from any point of sale in Mzansi.
Thanks to this interdict, awarded to the Consumer Goods Council of South Africa, mock meat products are safe until 17 November 2022.
ProVeg has welcomed the judgement handed down by Judge Makume on 19 August 2022. However, they hope that the interdict will give government time to come to its senses. Consumer Goods Council of South Africa
“We still believe the best and only way this will be resolved will be by industry-wide discussions and the drafting of new and appropriate regulations. This remains our main goal and focus,” Arleen Nel communications manager at ProVeg, tells Food For Mzansi.
The department has, however, reiterated that companies should not use product names prescribed for processed meat products in the marketing of plant-based foods. This is in terms of section 8 of the Agricultural Product Standards Act 119 of 1990.
“The department is still of the firm legal view that prescribed product names reserved for processed meat products must only be used in connection with the sale of such products provided that concomitant standards and classes are complied with,” Reggie Ngcobo, spokesperson for the department of agriculture, says.
‘30 days to relabel or face seizures’
The High Court judgement, accepted by the department, was granted with the rule nisi. This means that when the matter is heard before the High Court again in November, the department will need to give evidence as to why a final order should not be made.
For now, the Food Safety Agency (FSA) – the body in charge of product seizures – are obligated to hold off on any seizure attempts. The FSA will, however, continue to carry out inspections as mandated by the provisions of the Act.
Mzansi’s plant-based food industry have been on edge since June this year after a notice from the department said it would prohibit companies from using product names prescribed for processed meat products.
Processors, importers and retailers of plant-based meat alternatives were given 30 business days to remove their products from shelves for relabelling or face seizures. ProVeg says diplomatic efforts by the plant-based food industry to sought a reasonable solution, have not led to amenable results.
The FSA was then subsequently assigned to remove mock meat products off store shelves as of Monday, 22 August.
ALSO READ: Veggie meat clampdown to kick off on Monday
Impact on plant-based sector
Although a lot of the focus has been on higher-end meat analogues and the companies that make them, the issue is much bigger than that, Nel says.
“It impacts a broad range of South Africans from different backgrounds…The impact of this action would be felt by local manufacturers of other vegetarian products like butternut and beetroot burgers that do not even attempt to replicate the taste and texture of meat.”
According to her, it also risks the job security of the workers of the companies that make or import these products.
“Lastly, it impacts consumers from multiple backgrounds, including those who eat plant-based for religious reasons, including Hindus, Seventh-Day Adventists and Rastafarians, and consumers that follow a plant-based diet for environmental, health or ethical reasons. It will also affect the growing number of new consumers who are taking an interest in these products,” Nel explains.
Government may have a point…
According to the department of agriculture, its course of action is to shield consumers from substandard or misleading products. Janusz Luterek, an attorney for Hahn & Hahn Attorneys, disagrees, though.
“I don’t believe this is about substandard products as such, rather a different standard. A vegetable product cannot be directly compared to a meat product as they are made from different constituents.
“We should remember that there are consumers who are vegan or vegetarian by choice and others for religious or health reasons and the foodstuffs they eat are not substandard by any measure,” he says.
Are the products misleading, then? According to Luterek, the department may have a point in some cases when it comes to misleading products. However, not in all cases and not even in most cases, he cautions.
“The majority of these products are labelled in such a manner that it is clear that they are not meat products.
“Thus, as long as the label and the manner the products are presented to consumers are clear as to the contents through words such as vegetable, plant based, vegan etc, there can be no deception.”
As a way forward, Luterek believes new regulation can be drafted to regulate these products, or sub-regulations can be added to the existing meat regulations.
In the meantime Proveg says their next steps include an appeal on behalf of the industry in terms of Section 10 of the APS Act.
“We cannot yet comment on who will lead the appeal process, but we hope that the department will reconsider its stance during this time in order to have formal, industry-wide discussions about new regulations for plant-based products,” Nel says.
- Amendment: This article was amended to reflect that the interdict was awarded to the Consumer Goods Council of South Africa (CGCSA) and not to ProVeg.
Sign up for Mzansi Today: Your daily take on the news and happenings from the agriculture value chain.
