Regulated & Consumable Products Policy

This Policy applies to everyone who lists, sells or buys consumable, cosmetic, personal-care and other regulated products on PlugAfrika, including foodstuffs, cosmetics, lotions, creams, skincare, hair products, soaps, fragrances, supplements and similar goods. It forms part of our Terms of Use and our Vendor Terms & Seller Agreement.

1. South African regulatory framework

Products in these categories are regulated in South Africa under, among others:

• Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972 and its regulations, which govern the composition, safety, labelling and advertising of foodstuffs, cosmetics and disinfectants (including the foodstuffs labelling regulations, e.g. R146, and the cosmetics labelling and composition regulations).
• Medicines and Related Substances Act 101 of 1965and the South African Health Products Regulatory Authority ("SAHPRA"): any product that makes a medicinal or therapeutic claim, or contains a scheduled or regulated substance (including many complementary medicines and health supplements), may require registration or a licence.
• Hazardous Substances Act 15 of 1973 for grouped hazardous substances.
• Consumer Protection Act 68 of 2008("CPA"), including the product-liability provisions of section 61 which can impose liability on the producer, importer, distributor or retailer of unsafe or defective goods.
• Counterfeit Goods Act 37 of 1997 prohibiting counterfeit and infringing goods.
• Protection of Personal Information Act 4 of 2013 ("POPIA").
• Applicable compulsory specifications (NRCS), SABS standards and the Advertising Regulatory Board's Cosmetic Advertising Code of Practice.

2. Vendor obligations

Before listing a consumable, cosmetic or regulated product, a Vendor must:

• hold all licences, registrations, permits, certificates of analysis and approvals required for the manufacture, importation, distribution and sale of that product, and produce them on request;
• ensure products are safe, unadulterated, within date, and stored and handled correctly;
• label products lawfully (ingredients/INCI, net content, batch/lot, manufacturer or importer name and address, country of origin, directions, warnings and, for foodstuffs, allergen and nutritional information as required);
• not make prohibited or unverified medicinal, therapeutic or health claims;
• comply with restrictions and prohibitions on ingredients (for example, mercury and mercury compounds in skin-lightening products are prohibited, and hydroquinone and certain other substances are restricted or banned in cosmetics under the applicable regulations);
• apply lawful age-restrictions and not sell products to persons who may not lawfully buy them; and
• maintain traceability and be able to conduct a recall.

3. Prohibited and restricted products

The following may not be listed unless expressly permitted and fully compliant: counterfeit or infringing goods; expired, recalled or unsafe goods; products containing banned substances (e.g. mercury-containing skin lighteners); unregistered medicines or products making unauthorised medicinal claims; scheduled substances sold without the required authorisation; and any product whose sale is unlawful in South Africa.

4. Buyer responsibilities

Buyers should read the label, ingredients, warnings and directions before purchase and use, patch-test where appropriate, and consult a medical or other professional where they have a condition, allergy, are pregnant or breastfeeding, or are unsure. Discontinue use and seek medical attention if you experience an adverse reaction. Individuals can react differently to the same product.

5. PlugAfrika's role and disclaimer

PlugAfrika does not manufacture, import, test, verify, endorse or take title to these products and does not provide medical, health or professional advice. To the maximum extent permitted by law, PlugAfrika is not liable for any harm, injury, illness, allergic or adverse reaction, hospitalisation, loss, penalty or claim arising from a Vendor's product, a Vendor's failure to be licensed or compliant, or a Buyer's use of a product. Nothing in this Policy limits rights that cannot lawfully be excluded under the CPA or other law. PlugAfrika may remove listings, suspend Vendors and report unlawful activity to the authorities.

6. Reporting

To report an unsafe, mislabelled or unlawful product, contact support@plugafrika.com.

This Policy is provided for general information and lists the main laws that may apply; it is not legal advice. Vendors are responsible for obtaining their own advice on their specific products.