REGULATORY & SCIENTIFIC AFFAIRS SUB-SAHARAN AFRICA Newsletter September 2022 - 3rD edItion

There goes the third edition of our Newsletter. I take this opportunity to thank you all, readers across Nestlé, for your encouragement to this initiative from the RSA Sub-Saharan African team. The month of August has been quiet in some parts of the World due to necessary vacations to refill and come back energized to deliver & achieve our objectives by the end of the year. I came across this statement about our organization: “The trust that we earn from our stakeholders is one of our most precious assets. It is based on our commitment to act with honesty, integrity and respect for laws and regulations. This is what we refer to as compliance. Compliance is the foundation of how we do business and a non-negotiable requirement for everything we do” I cannot say it better. Compliance, as one of our four (4) RSA Pillars, drives the team across Sub-Saharan Africa. We foster this culture of ethics and compliance with the law and regulations. It requires a high-level commitment from all of us, but we are engaged to set the tone! Enjoy your read!

ADVOCACY Regulatory Environment Mastership

u o c a K e c n e r o l F

COMPLIANCE

INNOVATION

PEOPLE

Regulatory Compliance

Active Innovation and Renovation

Training & Development

After months of waiting and multiple difficulties encountered due to the lack of registration sessions for new products by the local authorities (since 2020) and thanks to actions taken such as close stakeholder engagement, we were able to successfully register all three Cerelac Bag in Box SKUs (Wheat, Fruits, Honey) from Nestlé Egypt.

FOSTERING RELATIONSHIPS FROM STRENGTH TO STRENGTH STAKEHOLDER ENGAGEMENT IN ZIMBABWE On the 21st of April, we had the pleasure of hosting a tour for the Ministry of Health at the Harare Factory, to strengthen our partnership with the stakeholders. Among the delegates were the CEO of Sally Mugabe Central Hospital, which is one of the country’s biggest referral and teaching hospitals, the Director Nursing Services, the Director Environmental Health and the Deputy Director Nutrition. We received positive and encouraging feedback. To highlight a few comments, the Director Nursing services highlighted that the visit was an eye opener, and they were happy to see things on the ground for themselves. The Deputy Director Nutrition also pointed out the need for us to continuously find ways of how we can complement one

another in encouraging breast feeding and the use of infant formula where it is required. He was also delighted to see how Nestlé offers a range of foods that cater to specific medical purposes. The Director Environmental Health was impressed by how the visit gave confidence in terms of the quality with which our products are manufactured.

1 SUCCESS STORIES

REGISTRATION FOR NEW PRODUCTS IN CÔTE D’IVOIRE

Having these key HCPs was of particular importance for the organization as they are key decision makers. Creating this relationship will surely help us with issues of nutrition communication material approval, compliance in the market, NNIA (Nestlé Nutrition Institute Africa) educational programs and nurturing a healthier generation through prescription of the products.

AUTHORITY ENGAGEMENT IN GHANA

ISSUE

The evaporated milk crisis in Nestlé Ghana necessitated rebuilding and strengthening the relationship between Nestlé Ghana and Regulatory Authorities Food and Drug Administration (FDA)

ACTION

The regulatory team coordinated a full day workshop between Nestlé Ghana(leadership team, QA, packaging, marketing), Nestlé CWAR as well as media agencies and the FDA. The Authority represented by 6 Directors and senior officials engaged the team on several topics including: • New regulations on advertising and product labeling • Consumer complaint management • Regulatory perspectives of Good Manufacturing Practices (GMP) and food safety

OUTCOME

The undisputed commitment to working together to ensure regulatory compliance was expressed by both parties.

Nestlé Newsletter - Septembre 2022

3

ADVOCACY

2

DEVELOPMENT OF AN AFRICAN FOOD LAW GUIDELINE In 2017, Nestlé ESAR RSA team plus CT-RSA took initiative to support development of an African Food Law Guideline to assist African countries to develop or update their national legislations using a science-based and harmonized approach. The idea is meant to promote existence of similar or harmonized legislations in African countries.  In September 2017, Nestlé drafted a concept paper on a “Guideline for Development of Food Legislations for CCAFRICA Region”. The concept paper was handed over to Kenya government representatives at the African regional CODEX food standards meeting (CCAFRICA 22). They presented the proposal as a new work item and it was approved.   Nestlé developed the initial draft, which has gone through development stages and stakeholder

reviews, including further Nestlé expert inputs since the work started.` During the virtual CODEX food standards meeting (CCAFRICA 24) held from 5-9 September 2022, and chaired by Uganda, the draft Guideline was approved and promoted to step 5/8. This is the submission for final approval at the next Global CODEX committee meeting.

Benefits When published, the Guideline will promote a harmonized regulatory framework among African countries, reduce trade barriers and facilitate intra-Africa and international trade. This will ease movement of  Nestlé products across ESAR markets, other African countries and beyond.

HARMONIZATION OF COFFEE STANDARDS WITH THE EAST AFRICAN COMMUNITY Earlier this year, Nestlé Kenya took the initiative to sponsor harmonization of several coffee standards with the East “African Community”. The idea is meant to expand space for innovation/renovation in our coffee products portfolio and open opportunities for roll-out of our coffee mixes range to more countries in the East African Community (EAC) region. In February 2022, Nestlé Kenya sponsored the first technical committee on draft East Africa Community coffee standards for Coffee premix, Liquid coffee and Flavored coffee, among others. The draft standards have gone through development stages with significant Nestlé expert inputs. In the month of August (15th to 19th) 2022, Nestlé RSA joined the final EAC Coffee standards

Technical Committee in Kigali, Rwanda to further advocate and ensure conclusion of the standards. The committee approved the standards and submitted them to next stages of final approval and publication.

Benefits

When published, the standards will create opportunity for launch of new/innovated Nestlé coffee beverages, including coffee mixes, liquid coffee and flavored coffee in all EAC countries. The Coffee premix standard will also facilitate the launch of our coffee mixes range, e.g., NESCAFE 3 in 1, NESCAFE Creamy White, currently sold in Kenya, to more countries in the East African Community.

NESTLE RE-ENGAGE WITH THE LABORATORY FOR ANALYSIS AND CONTROLS (LANAC) IN SENEGAL Cluster Manager of Dairy products and Beverages Category, Mrs. Sehene DERMOLO along with RSA manager travelled to Dakar (Senegal) for a working session with Mr. Moctar Samb, the Director of Consumption and Health Safety (DCSC) of the Ministry of Commerce of Senegal. The stated objective of that working session was the reinforcement of the relations between the two structures (DCSC and Nestlé).

During this trip it was also the opportunity to engage with the Managing Director of the National Laboratory for Analysis and Controls (LANAC). He took part in the visit of the new lines to the Dakar Factory dedicated to NIDO 26g. It was important to re-engage with authorities in Senegal due to a challenging environment around our dairy products. The Nestlé approach was well perceived and received.

The DCSC thanked Nestlé for prioritizing regulatory compliance and welcomed the existence of a department (RSA) within it dedicated to this.

Nestlé Newsletter - Septembre 2022

4

Nestlé Zimbabwe has made the decision to move production of infant cereals from Harare factory to Harrismith factory. This has become critically important because the Harare factory is fast running out of capacity to supply both infant cereals (IC) and all family cereals (AFC) which has resulted in an unfulfilled need for both as there is constrained supply. The transition is well underway, and RSA Zimbabwe has been providing regulatory support in terms of recipe validation, LC creation and artwork approvals. This has been done to ensure that all labels for the markets served by the Harare Factory (i.e., Zambia, Zimbabwe and Malawi) are compliant, to ensure a smooth transition and continuity of business without regulatory barriers. The project is in the final stages where logistics of the move are being concluded. The move to Harrismith Factory will unlock growth for both IC and AFC, by providing benefits of economies of scale to both factories.

3 COMPLIANCE

LEVERAGING THE BENEFITS OF REGIONAL PARTNERSHIPS WITHIN NESTLÉ PROJECT SWITCH

There will also be the opportunity to offer infant cereal variants that are currently not produced in Zimbabwe, growing our nutrition portfolio. Further to this, there is the opportunity to test true market demand for both IC and AFC. Currently, both NESTLÉ CERELAC and NESTLÉ NESTUM are only available in the wheat variant. The project has been a cross-departmental partnership across Zimbabwe and South Africa, requiring dedication and commitment from everyone involved. ESAR high-five to the entire team in implementing this project.

SUCCESSFUL APPROVAL OF THE EXPORT AGREEMENT TO THE EUROPEAN UNION (UE) FOR YOPOUGON FACTORY - CÔTE D’IVOIRE

This agreement is very important and allow us to continue to export our MAGGI® Shrimp products to the European Union according to its regulations. The agreement is issued by the Ministry of Animal and Fishery Resources.

Nestlé Newsletter - Septembre 2022

5

As we are moving towards a more sustainable approach within our business, Nestlé Zimbabwe has embarked on a project to introduce paper-based packaging for the NESTLÉ CEREVITA Brand products. This project will ensure that we contribute towards the reduction of our carbon footprint, encourage recycling and get out of using plastic packaging which will be beneficial to our environment. Most of the current NESTLÉ CEREVITA packaging is made with unrecyclable plastic, and so this project will directly support the Nestlé commitment on 100% recyclable or reusable packaging by 2025. ​ here has been research done in partnership with the Nestlé Research and T Development Centre in Ivory Coast to ensure the successful implementation of this product. This has been done in stages, with the main objectives being as follows: • • • •

to achieve 100% machineability and run time that is the same as that of the current laminate being used to clearly define the D4 paper to be used and ensure that the recycling facilities available in Zimbabwe can process the paper to ensure the quality and integrity of the product over the shelf life of 2 months to consumption to ensure that the transition is done in a cost-effective manner

The RSA team was responsible for engaging with the recycling authorities in Zimbabwe (National Waste) and ensuring they tested a sample of the D4 paper to check if it can be recycled. This was done, and National Waste not only confirmed the recyclability of the paper, but also gave us a framework of how the process works in terms of collection and recycling. This information will further assist the project managers in establishing a process flow for recycling once we have implemented the project. The RSA team also ensured that all regulations around recycling were being met. Currently, there are no national paper packaging end of life regulations in Zimbabwe and so we can confidently proceed with implementation once shelf-life trials are completed. Implementing this project successfully will contribute significantly towards supporting a more sustainable future.

Welcome to Elidy Wangeci to the position of Regulatory & Scientific Affairs (RSA) / Corporate Communications and Public Affairs (CCPA) Manager, East & Horn of Africa effective, 01 August 2022.

5 PEOPLE

INNOVATION & RENOVATION

4

PROGRESS TOWARDS SUSTAINABILITY THE CEREVITA PAPER PROJECT

Kemi Ajasa, From Nestlé Nigeria has successfully completed the Nutrition SBU RSA Virtual Mission.

Nestlé Newsletter - Septembre 2022

6

WHAT’S NEW IN REGULATION

6

SOUTH AFRICA - MEAT ANALOGUES – CONSUMER GOODS COUNCIL OF SOUTH AFRICA (CGCSA) SUCCESSFUL IN OBTAINING AN INTERDICT TO STOP THE SEIZURE OF MEAT ANALOGUE PRODUCTS STATEMENT BY THE CONSUMER GOODS COUNCIL OF SOUTH AFRICA The Consumer Goods Council of South Africa (CGCSA) has obtained an interdict against the Department of Agriculture, Land Reform and Rural Development (“the Department”) and its designated assignee, the Food Safety Agency (Pty) Ltd (“the FSA”), in terms of which both the Department and the FSA are interdicted from seizing meat analogue products, carrying similar names as processed meat products, from retail outlets around the country.

The CGCSA was forced to apply to the High Court of South Africa on an urgent basis for the interdict as the FSA published a notice on Tuesday 16 August 2022, notifying all interested and affected parties that they would be implementing the seizures from Monday 22 August 2022.  Welcoming the interdict, the CGCSA says it is imperative that all stakeholders work together to formulate regulations applicable to meat analogue products to ensure that no unauthorized action is taken against any of its members in the plant-based sector.

A FOOD BILL TO IMPROVE FOOD SAFETY IN MAURITIUS On June 29 the Food Act 2022 was introduced in the National Assembly to provide for the establishment of the Mauritius Food Standards Agency. The body will be responsible for ensuring a high degree of consumer confidence in the safety and nutritional quality of food produced, processed, imported, and sold in, or exported from Mauritius. The Food Act aims to replace the current regulations and align with the CODEX Alimentarius to address the safety and nutritional quality of food.​In the event of an alert concerning a food product and when the standards have not been respected, the Ministry of Health will have a right of inspection and may request the withdrawal of products.​

- The Food Act 1998 made provision for penalties with a maxi mum fine of Rs 2,000. This is not proportional to certain of fences. In the Food Act, the fine may reach a maximum of Rs 100,000 and the prison sentence of two years maximum.​ - The authorities will no longer have to pay the cost of des troying expired or unfit food. This will be the responsibility of the operators.​

- Health workers can request the temporary cessation of the operator’s activities. ​ - Operators can appeal against the seizure of their products and may contest the cessation of their operations within seven days.

On July 20 the Mauritius Chamber of Commerce have shared the draft Food Regulations that are to be published under Section 24 of the Food Act 2022. The ESAR Southern Africa team have submitted comments for the publication of these regulations.

THE EXCLUSIVE SALE OF BREASTMILK SUBSTITUTES IN PHARMACIES IS NOW ENFORCED IN CÔTE D’IVOIRE The main points relevant for us are the following: •

From August 30th, 2022, we are not permitted to sell Infant formulas to our general trade partners anymore. From September 1st, 2022, we start exclusive sales in the pharmacy channel.

•

From January 1st, 2023, controls will be implemented and trade partners who still have Infant formulas on their shelves, will be fined.

In the meantime, the chief of staff of the Vice President has requested that the industries give him a formal update on the compromise found between us and the Pharma lobby on acceptable trade terms. A mixed commission with the different parties will be following up on the transition until December.

Nestlé Newsletter - Septembre 2022

7

7 EVENTS

CÔTE D’IVOIRE

THE EXCLUSIVE SALE OF BREASTMILK SUBSTITUTES IN PHARMACIES IS NOW ENFORCED IN IVORY COAST. Nestlé Côte d’Ivoire is a member of the CODINORM Board The official launch ceremony of the CODINORM standards platform (local standardization agency) took place in Abidjan (Ivory Coast) with the presence and speech of the Minister of Trade and Industry. The Minister took the opportunity to emphasize the importance of standards and welcomed the existence of a platform of local standards.

He invited manufacturers to find skilled in-house resources and to always be compliant. These standards are, according to him, the guarantee of quality and competitiveness about the challenges of international trade.

UPCOMING FOR ATLANTIC CLUSTER IN SEPTEMBER General Assembly of the Ivorian Association for the recovery of plastic waste in Côte d’Ivoire (AIVP)

IN OCTOBER An interactive workshop with the National Committee of Codex Alimentarius (CNCA) in Senegal An interactive Forum on Food with all Nestlé Stakeholders in Senegal

Nestlé Newsletter - Septembre 2022

8