Complaint

Complaint number
NTB-001-074  
NTB Type
7.1. Arbitrariness  
Complaint
a. On the 19th August 2022, a Nestle Cremora stock was held at the border in Namibia, but subsequently released 2 days later. To trade export, Nestle Cremora into Nambia , Nestle Cremora products are now required to be accompanied by a Vet Import Permit to enter Nambia. The authorities there argue that CREMORA is a dairy product and as such should be accompanied by Vet Import Permit. Nestle is arguing that CREMORA is a non-dairy product as ingredients indicate.Nestlé CREMORA® is composed of the following ingredients:
i. Glucose syrup solids, Vegetable Oils (Palm Kennel Oil and Palm Fruit), Stabilisers (E340ii, E451i). Sodium Caseinate (milk protein), Hydrolised Wheat Protein (gluten), Emulsifier (E481), Salt, Anti-caking Agent (E551), Flavouring, Colourants: Riboflavin (E101i) and Beta Carotene (E160a). DocuSign Envelope ID: CE740444-68E4-45B9-A6C0-69A8F1392060 – 2
ii. Sodium Caseinate which is a milk protein contributes about 0.8% of the recipe with ±0.2% milk protein level. 1 – this is below requirements for dairy products.
b. Nestle therefore, confirms that CREMORA® is a non-dairy creamer based on the ingredients used on the product. That CREMORA is labelled a “Coffee & Tea Creamer” is complying with the Imitation Dairy Standard in R1510: Dairy & Imitation Dairy Product Regulation of South Africa. Labelling regulations requires that Nestlé CREMORA® is classified as a “Coffee & Tea Creamer” and that its front-of-pack is labelled as such. Labelling regulations further denote other requirements to which the Nestlé CREMORA product and its packaging must comply with
c. Also Cremora’s tariff code is classified as HS 2106.90.09 Food preparations not elsewhere specified or included – Other.
d. The exact date when the truck was held up at the border was the 19th August 2022 and prior to that we had no episode similar to this. During August, there was no financial impact as the orders were allowed with the warning that the next shipment (if not preceded by the paper work) will be sent back, however, the order for September that Nestle in possession of is valued at R 2,841mio.  
Progress update note
 
Policy or regulatory NTB
No 
Location
Namibia: Namibia Vet Authroities (Government institution)  
Reporting Country or Region
South Africa  
Country specific trade issue
No  
Date of incident
2022-08-19  
Status
New  
Product Description
Nestlé CREMORA® is composed of the following ingredients.
• Glucose syrup solids, Vegetable Oils (Palm Kennel Oil and Palm Fruit),
Stabilisers (E340ii, E451i). Sodium Caseinate (milk protein), Hydrolised Wheat
Protein (gluten), Emulsifier (E481), Salt, Anti-caking Agent (E551), Flavouring,
Colourants: Riboflavin (E101i) and Beta Carotene (E160a).

We can, therefore, confirm that CREMORA® is a non-dairy creamer based on the
ingredients used on the product.


 
Total value
0  
Date reported
2022-09-16 12:32  
Modified
2022-09-16 12:32