Since 1947, South Africa’s petfood industry has operated under the Fertilizers, Farm Feeds, Agricultural Remedies, and Stock Remedies Act (Act 36 of 1947). This legislation mandates that every petfood product be registered with the Department of Agriculture’s Agricultural Inputs Control unit to ensure regulatory compliance.
In 2019, a proposed update to Act 36 was introduced in the form of the Feeds and Pet Food Bill. This draft bill aims to modernise and streamline regulations specifically for pet food, addressing the unique needs of the industry.
If enacted, the Feeds and Pet Food Bill could provide a more targeted and adaptable regulatory framework to support industry growth and innovation in the coming years.
What is the Difference?
Under the previous act, the registration process requires a technical advisor to review each petfood formulation to ensure it meets the necessary nutritional standards. If a company claims any specific nutritional benefits or properties related to the food’s composition, it must provide evidence to support these claims in the submitted paperwork.
“The current Act, though sound in its principles, is inflexible and has restricted possible solutions to address issues encountered,” says Dominique Kuhlmann, General Manager of the Pet Food Industry Association of Southern Africa (PFISA) to International Petfood.
One significant issue was the backlog of registration applications, which caused major delays in bringing pet food products to market for many years. However, Kuhlmann reported that a partnership with the Department of Agriculture has drastically reduced this backlog. For the first time in years, the registration process is now running smoothly, allowing applications to be processed without delays.
Changes Made
The Animal Feed Manufacturers Association (AFMA) explains that, at its core, the Feeds and Pet Food Bill regulates feed and pet food products, the ingredients used in their production, and the licensing of manufacturing facilities. It also appoints a Registrar for the Act alongside advisory committees, advisers, assignees, auditors, and inspectors to assist the Registrar.
Changes and additions are still being made to the draft bill, which, as Kuhlmann explains, introduces several key updates from the original act.
These include a shift away from mandatory pre-market approval or product registration for all products, though certain predefined categories may still require it. The draft bill also introduces facility licensing, mandates the registration of raw materials (with allowances for Generally Recognized As Safe, or GRAS, items), and aims to reduce regulatory burdens to better facilitate both local and global trade.
Additionally, it permits the appointment of an assignee—a third party to whom the Registrar can delegate specific duties, to ease the regulatory burden on the government.
Industry Reactions
“These changes were initially well received, especially in light of the ongoing issues that the industry has navigated in terms of a backlog of registration applications. As time has passed other industries have implemented the assignee system (for example),” says Kuhlmann when asked on how the local industry reacted to the draft bill.
Kuhlmann is optimistic that the new bill will positively impact pet food exports from South Africa. However, she notes that import requirements still require negotiation between countries. Nonetheless, there is hope that measures such as facility licensing will boost confidence in the safety and production standards of South African petfood companies.
Currently the South African government are considering the commentary submitted by the PFISA and AFMA although no changes to the bill have been made yet and no confirmed overview of the bill either. There is still a strong desire in the industry though for the bill to be passed through soon.
