The regulation of the sale of brine-injected poultry meat products in terms of the Consumer Protection Act Act 68 of 2008

Abstract

The regulation of Individually Quick Frozen portions (IQFs) as consumer products is the subject of this dissertation. Not only the regulations relating to how the product is produced but also the quality and labelling thereof is discussed. IQFs are regulated by public legislations that address, among others, labelling and permissible food additives such as phosphate salts, water, and sodium chloride. As part of this process, brine is a commonly added ingredient in the commercial poultry meat industry. Brine is a saltwater solution added to IQFs in order to cure, preserve, and add flavour. The research reveals that consumer protection in the form of established maximum limits for sodium chloride (salts), including methods used to determine the level, presence, or absence of such ingredients, is important. The research shows that in the production of IQF portions, the use of brine has the potential to compromise some of the consumer rights encapsulated in the Consumer Protection Act 68 of 2008 (CPA) regarding implied warranty of quality. The product labelling and trade description under the CPA and other legislations is critically discussed in the dissertation. This dissertation further encourages the use of plain and understandable language in product labelling and trade description with regard to the content of IQFs, as it has a direct influence on the consumer’s right to “fair value, good quality and safety” in terms of the CPA. The dissertation ultimately recommends the inclusion of the word “warning” in the disclosure of information regarding ingredients such as sodium chloride (salts) in these types of products. The reason is that these ingredients are potentially harmful to a consumer’s health. The CPA was shown to be co-extensive with the potency and robustness of other statutes such as the Agricultural Product Standards Act 119 of 1990 (APS Act) and the Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972.