Litigation: Council tests state plan to seize vegan products

The Consumer Goods Council of SA (CGCSA) – which counts Pick n Pay, Shoprite and Spar among its 9 000 members – has launched an urgent application to interdict the government’s planned seizure of vegan products that use ‘meat’ labels. A Business Day report says this follows the Food Safety Agency’s announcement that from 22 August, it will seize vegan products with names it claims are reserved for meat. The council said in court papers it was caught by surprise after spending almost two months trying to resolve issues amicably with the government and its partners. It added it has no choice but to go to court after negotiations failed and its members had only three working days’ notice of seizures. The department put out directives in late June saying that processed meat regulations specify that products such as burgers, nuggets, sausages, patties, and meatballs must contain certain quantities of meat. But in legal papers, the council says those regulations state that meat imitation products are exempt from its rules. It accuses the agency of acting unlawfully, saying there are no regulations that empower it or the department to decide that names belong exclusively to the meat industry. ‘It is unconscionable that the Food Safety Agency sees it fit to enter upon all manner of premises and simply seize meat analogue (imitation) products it is not empowered to deal with in the first place.’ It has proposed creating new regulations for the plant-based food industry. But in the court papers, it says seizures of goods would be costly and relabeling is also a costly exercise for members as well as consumers. The Agricultural Products Standards Act and Consumer Protection Act say consumers should not be misled. But there is simply no evidence that any false impression has been created by terms such as vegan nuggets or mushroom biltong, the CGCSA argues.

Lawyer Janusz Luterek, who has taken part in the industry and government meetings on the issue, says the law doesn’t allow for the seizure of products following the issue of a generic letter. The Agricultural Product Standards Act requires the agency to send specific notifications to food producers in which they point out which products are in breach of the law and why, he noted, according to Business LIVE. The letters need to state which Act, regulations and sub-regulations have been contravened. Luterek said if the agency arrives at a retailer or factory to seize products, the Agricultural Standards Act requires it to have a warrant unless it is given consent or if there is a matter of urgency, such as a belief the food products could be contaminated and unsafe. The warrant must be issued by a court in the area of jurisdiction. He advised his clients to allow inspections but to refuse consent for the seizure of products.