From 22 October, frozen chicken pieces may not contain more than 15% brine, while the brine limit for whole birds is 10%.
The order by the department is at odds with the view of the South African Poultry Association (Sapa), many of whose members already have stock with brine that is above the recently legislated limit.
The association has applied for an interdict stopping the department from implementing the new brining regulations, and the case is before the courts. It has also launched a parallel interdict, asking for an extension of the new law to allow its members to sell existing stock. The latter will be heard on 14 September.
The association said most of its members stocked in advance so as to maintain a stable supply. It accused the department of a lack of understanding of the industry.
Frozen and brined meat has a shelf life of up to a year.
Some product still had some months to go in which it could still be sold safely.
Association CEO Kevin Lovell said this could lead to poultry being returned in bulk to the suppliers.
Lovell said the most practical way of dealing with the problem was to set the implementation date on the last date of production.
"When the regulations kick in, it means producers or the retailers or anyone holding the stock may not sell it. We don’t know once we sold it (the frozen poultry meat) where it goes into the distribution system. They will return it to us," he said.
Sapa is also disputing the Brining Regulation Act, responsible for setting the limits, saying its definition of sales was too broad. The act did not take into account the fact that sales can be done in advance and delivery at a later date. That effectively means some of its members will be forced to get rid of stock already bought.
"The cost of the loss can be as much as R2bn or less. The point is that no one throws food or money into the drain," said Lovell.
Department spokeswoman Bomikazi Molapo said those who required an exemption from the new limits should approach the executive officer responsible for the administration of the Agricultural Product Standards Act.
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