Tag: act 54 of 1972

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Food Labelling and Advertising (R.146, 1 March 2012)

The following is an excerpt from the www.gov.za Newsroom, Media Statements, 1 March 2012.

New regulations relating to the labelling and advertising of foodstuffs becomes law, 1 Mar 2012

The Regulations relating to the labelling and advertising of foodstuffs published by the Minister of Health in terms of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act 54 of 1972), came into effect on 1 March 2012.

These Regulations were published in Government Notice No. R.146 on 1 March 2010 and initially provided for a grace period of 12 months to allow the food industry the opportunity to change the labels of their products, where applicable. On the request of industry, the Minister granted an extension of the implementation date for a further 12 months. The mentioned extension was granted due to legitimate logistical and operational challenges encountered by industry to comply with the provisions of the new regulations in time before the original date expired.

The new Regulations are aimed at, among others, to ensure that consumers are provided with nutritional, compositional and other information related to foodstuffs manufactured, imported and sold in South Africa. The information in question will assist consumers in making informed choices regarding the foodstuffs they purchase. It will further ensure that consumers are not being misled by unscrupulous manufacturers, importers or sellers of foodstuffs covered by the provisions of the mentioned Act and the new Regulations.

All foodstuffs manufactured from 1 March 2012 should comply with the new Regulations, where applicable, and the following are some of the important provisions included in the regulations:

  • Foodstuffs should be described in such a manner that the information related to the contents and/or composition of a product is indicated in close proximity to the name thereof on the main panel of the packaging in letter sizes as prescribed by the regulations. The description should be legible and the contents should not be misleading and/or aimed at deceiving consumers. This provision relates to for example, products such as quick frozen chicken portions to which a brine-based mixture has been added as an ingredient.
  • The inclusion of date markings such as ‘best before’; ‘sell by’; and ‘use by’ on the packaging of pre-packaged foodstuffs, to inform consumers of the freshness and suitability status of foodstuffs at the time of purchase.
  • Details of the country and/or countries of origin, or where the foodstuffs have been produced.
  • Criteria for certain nutritional claims such as for example, ‘high in fibre’, ‘low fat’, ‘sugar free’, etc., as well as in these instances, the mandatory inclusion of a nutritional table in a prescribed format to substantiate/support such claims.
  • The inclusion of information referred to as: ‘Quantitative Ingredient Declaration’, or QUID, which will ensure that consumers are made aware of the amount of a certain ingredient or ingredients emphasised on the label of a foodstuff, are present therein, for example, a product described on the label as an ‘olive oil spread’, the percentage of olive oil present in the product should be indicated in the list of ingredients. In the case of raw processed meat products such as quick frozen chicken portions to which a brine-based mixture has been added as an ingredient, the percentage of chicken and of the brine-based mixture should be declared on the main panel of the packaging.
  • The approval by the Director-General of the Department of Health of endorsement entities, such as Weigh Less, CANSA, Diabetes SA, etc., to allow industry to include the logos of these entities on the labels of their products, in support of or to promote certain nutritional or diet related characteristics of the products concerned.
  • The inclusion of requirements regarding the declaration of common food allergens such as peanuts, tree nuts, soya and dairy products, wheat gluten, etc., present in foodstuffs, including as an ingredient in processed foodstuffs, as well as detailed guidelines to assist industry in this regard.

The enforcement of the new Regulations is the responsibility of the Environmental Health Practitioners (EHPs), employed by the Municipal Health Services of the metro and district municipalities. Consumers and others should bring it to the attention of the mentioned services where problems regarding non-compliance to the new Regulations are encountered, for their further investigation and to take remedial action if required.In the event of non-compliance, municipalities will serve notices on the manufacturers and/or sellers concerned, allowing them an opportunity to comply with the relevant requirements. In the event of non-compliance persisting, further steps could be considered, including prosecuting the person(s) concerned in a court of law.

The Directorate: Food Control of the National Department of Health will support municipalities regarding the interpretation and/or clarification of the provisions of the new Regulations, as well as with regard to the contents of labels, where required. The same support will be provided to the Port Health Services of the nine provinces, who are responsible for the control of imported foodstuffs.

It is important to note that neither the Act nor the new Regulations make provision for either the Department of Health or the relevant provincial and/or municipal authorities to grant a further extension or concession regarding compliance to the provisions of the new Regulations.

For further information, please contact the Directorate: Food Control of the Department of Health.

https://www.gov.za/new-regulations-relating-labelling-and-advertising-foodstuffs-becomes-law

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The Certificate of Acceptability: Road map to compliance (Part 1)

The Certificate of Acceptability (CoA) is a document that, in fairness, should be widely understood by food handlers and easily recognised by members of the public. 

The CoA is a certificate that is issued under a Regulation of the Foodstuffs, Cosmetics and Disinfectants Act, Act 54 of 1972. Now, this is not the oldest of Acts, but it’s clearly been around a while. Enforcement of the Regulation takes place at municipal level by enforcement officers called Environmental Health Practitioners (EHP’s)- ye olden Health Inspectors. The EHP’s are trained in Food Safety and enforce minimum requirements that will allow the production, transport, storage and sale of safe foodstuffs. 

The issuance of the CoA on a food premises indicates that the physical premises conforms to minimum requirements as determined by the authorities. 

Dealing with state departments or following official channels can often be a daunting process. So, we find several food premises operating without the required certificate or even trading with an invalid certificate. 

It is however, simple and easy to achieve Regulatory Compliance and acquire the certificate. This upload will serve as Part 1 of The Certificate of Acceptability: Road map to compliance. Future uploads will deal with the application process and how to prepare for the inspection/ visit from the authorities. Following are some simplified steps:

  1. Understand the rules
  2. Find suitable premises
  3. Setup premises
  4. Inspection i.t.o. Statutory Regulations and Requirements
  5. Start trade
  6. Maintain certificate
  1. Understand the rules

Ultimately the CoA is issued for the operation of a food premises. SO what are the rules or requirements for operating a food premises? From time to time the legislation is updated, it becomes imperative to ensure that you are consulting the latest set of rules. The issuance of the CoA is done in accordance with requirements set by our government. It is national legislation, meaning that every food premises in the Republic of South Africa MUST comply with the requirements set out by it. Currently Regulation 638 named the ‘Regulations Governing General Hygiene Requirements for Food Premises the Transport of Food and Related Matters (R638 of 2018)’ as part of the Foodstuffs, Cosmetics and Disinfectants Act, Act 54 0f 1972. Every food premises must comply with Sections 5 and 6 of Regulation 638. 

  1. Find suitable premises

The suitable premises is one that facilitates the ultimate provision of sound food, free from contamination. At this stage it’s important to consider where you intend to prepare, store, display, handle, pack or distribute food from. It is advisable to consult your local municipality’s town planning division and determine whether you require special zoning/ consent depending on the activity you are involved with and the premises. The town planning staff will determine whether the premises you have identified is suitably zoned. This is an important step before you enter into rental agreements or start setting up your premises. Make sure the premises is zoned for use as a food premises. Even if you intend to operate from home; ensure you have the permission for what you intend to do.

  1. Set up premises

Setting up your food premises is the fun part. You get to see your vision take shape. The bakery you’ve only seen in your imagination is finally starting to take shape. Take a moment to consider the flow of the processes your food premises will require. What are your process needs? 

Typical areas are:

  • Receiving and Dispatch
  • Store Room
  • Preparation area/ Kitchen/ Packing Floor
  • Staff Room
  • Toilet/s and Change Room
  • Internal/ external recreation areas
  • Waste area
  • Office
  • Medical/ First Aid Room

It is important to consider what processes are taking place inside your food premises and to design how you wish the processes to flow. To achieve a good flow the food handling activities must be ordered in a thoughtful way that complements the overall process.

4. Inspection

The CoA application form must be completed and submitted to your local municipality’s Environmental Health office. Upon receipt of the application form, provided the form is filled out completely and all supporting information is supplied, the Environmental Health office will inform you of the scheduled inspection. All inspections, for the CoA issuance is in terms of Sections 5 and 6 of the Regulation 638 (Regulations may be amended, ensure to use the most recent version).

5. Start Trade

After the CoA is awarded you will notice that it is issued for the specific activities that you have applied for, for example if you have applied to operate as a canned food distributer; the premises and associated activities would have been evaluated for the fitness to distribute food safely. You will not be permitted to deviate from the activities for which you were approved until you have requested amendment and have been re-evaluated.

6. Maintain the CoA

The certificate remains valid and in effect until any of the following happens:

  • Change of person in charge of premises. This will require a re-application to award the CoA on the new person’s details. 
  • Change in activity. Should you wish to change the activities the CoA was awarded for you will be required to request the changes through re-application for an updated CoA.
  • Structural changes to the food premises. The CoA was issued after the food premises passed an inspection. Should you make any changes to the structure of the food premises you are required to submit a re-application for a CoA and will be subject to a re-inspection.

The food premises and the associated food handling activities will be subject to routine (announced as well as unannounced) inspections. The EHP will expect conformance to the Regulation with each inspection.