The Consumer Goods Council of SA (CGCSA) has won an extension of its interdict stopping the department of agriculture, rural development & land reform from seizing vegan products with names the government says are reserved for meat.
Under pressure from the SA Meat Processors Association representing some of the red meat industry last year, the department said it would instruct its private agency to seize what it called incorrectly labelled vegan products.
The department interpreted the Agricultural Product Standards Act regulations on labelling processed meat products as reserving names such as nuggets, patties and burgers for meat. This meant products such as chicken-style sausage or mushroom meatballs were in breach of the law.
The regulations, however, have a clause specifying they do not apply to “meat analogue” or imitation-meat products.
When the Food Safety Agency, a private company appointed by the government, sent a letter in August explaining it would seize the products, the CGCSA, representing more than 9,000 members including large food manufacturers and retailers, approached the court.
It won a temporary interdict in November against the seizures, and, in a judgment handed down by the high court in Johannesburg on Tuesday, this was extended.
The Food Safety Agency did not defend its decision to issue the letter last year, something judge Fiona Dippenaar said would have provided clarity.
A new organisation, the Red Meat Industry Forum, has asked to join the court case and raise objections to the interdict extension.
The CGCSA has also taken the government’s 2022 decision to seize the products on review to the high court. The interdict is in place until the final review case, which could take years, is complete.
Vegan products that replace meat are known technically as meat analogues and do not have their own regulations, which is something the industry is open to, according to the consumer council.
CEO of the CGCSA, Zinhle Tyikwe, said the court victory provided certainty for a growing industry that provided both healthy food and job creation.
“We have always argued that there is a need for the department to work with the CGCSA and other industry stakeholders to formulate and draft new regulations for these [meat imitation] products, which the department actually acknowledged during engagements with industry in April last year.
“We look forward to working with the department so that we can find common ground,” she said.
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