The Public Health Bill, 1999

PART XI: SLAUGHTER HOUSES AND MEAT HYGIENE

A. SLAUGHTER HOUSES

Definition of a slaughter house

104. In this Part, unless the context otherwise requires -

"slaughter house" includes an abattoir, slaughtering poles or place set apart and approved by a local authority for slaughtering animals and birds, the meat of which is intended for sale or for human consumption.

Local authorities to licence slaughter houses

105. (1) Subject to the provisions of any applicable regulations or legislation, a local authority empowered so to do may, subject to a satisfactory health report by an environmental health officer or such other authorised person or officer, approve any slaughter house, which has applied for such approval, from time to time within its jurisdiction.

(2) Any approval issued in terms of this section shall be valid for a period not exceeding twelve months from the date it is issued.

(3) Under strict and limited circumstances and subject to the approval of the environmental health officer or such other authorised officer or person, the approving authority may issue a permit temporal in nature to an applicant which permit shall attach conditions to be complied with by its holder and the life of such permit shall not exceed six months.

(4) The renewal of a temporal permit shall be subject to the approval by the Minister or Director of Health Services after satisfactory reasons are given by the applicant.

(5) Nothing in this section shall be construed as prohibiting a local authority from establishing, executing, administrating and maintaining a slaughter house or to own a slaughter house subject to the compliance with all the provisions of this section.

A local authority may refuse the grant of a licence or permit

106. (1) A local authority or the licensing authority may refuse to grant or renew a licence or permit for a slaughter house if the provisions of section 105 are not complied with to the satisfaction of that local authority and an environmental health officer or such other authorised person, or for any other reason the local authority or such other authorised persons find just.

(2) A local authority or such other authorised persons may at any time withdraw a permit or licence which is granted if the conditions of the slaughter house do not comply with the established minimum health requirements.

(3) Any person who is aggrieved by the refusal of a local authority or such other authorised person to grant or renew a licence or permit on the strength of the provisions of this Part, may appeal and shall lodge the written appeal within thirty days of such refusal or notification of such refusal, whichever is later, to the Minister.

(4) For purposes of the appeal, the local authority or such other person shall furnish the applicant or appellant reasons for the denial or refusal of the grant or renewal of the licence or permit within seven days of receipt of the request.

(5) Upon receipt of the appeal the Minister may call the parties or representatives of the parties and hear their submissions and make an appropriate decision, which may include the setting up of a competent body to decide the matter.

(6) Nothing in this section shall be construed as preventing the Minister, when the appeal is lodged or noted against the refusal to renew a licence or extending a permit, from exercising the Minister's discretion, authorising the continued use, on such terms and conditions, of the slaughter house pending a decision on the appeal.

(7) A local authority or such other authorised person and the applicant or appellant shall comply with any order issued, or endorsed where a body is set up, by the Minister and the Minister's order or decision shall, administratively, be final.

Licence required for the use of premises as a slaughter house

107. No person engaged in the trade or who is otherwise related to the supply of meat for human consumption shall use any premises as a slaughter house unless that person is personally licensed in respect of the premises.

Cancellation of a licence

108. If the holder of a slaughter house licence is contravening the provisions of this Part or Act, the local authority or such other authorised person which issued such licence may, or if such local authority or person fails so to do for whatever reason, the Minister may, forthwith, after informing the holder of the details of the contravention, cancel the licence held by such holder.

B. MEAT HYGIENE

Prohibition against sale of meat not slaughtered in a slaughter house

109. (1) No person shall sell meat obtained from an animal other than permitted wild game unless such animal has been slaughtered in a slaughter house approved by the Minister and licensed by a relevant local authority.

(2) The Minister shall issue orders, notices or regulations in respect of birds sold for human consumption and thereby regulating the application of this Part to the business of such birds.

(3) No person shall sell imported meat in the country unless such person holds a valid permit specifically allowing that person to import or to sell such meat into the country and such permit shall not be granted unless the Minister or the Director of Health Services or the Director of Veterinary Services or such other authorised person is satisfied of the health and hygienic status of such meat.

(4) An importer of meat shall comply with the conditions stated in the permit or such regulations as may be made by the Minister.

(5) Any person who fails to comply or who contravenes any provision of this section or provisions made as a result of the operation of subsection (2) commits an offence and shall be liable, on conviction, to a fine not exceeding five thousand Emalangeni, which fine may be amended by the Minister by notice published in the Gazette, or to imprisonment for a period not exceeding six months.

Inspection of meat

110. (1) Every local Authority so empowered by the Minister or law shall ensure that any meat slaughtered at a slaughter house licensed by it or any meat intended for sale for human consumption within its jurisdiction is inspected in terms of the law.

(2) The meat shall be inspected by a competent meat inspector or environmental health officer, for the purposes of this Act, employed by that local authority or by Government and may charge a fee at a rate approved by the Minister.

(3) Nothing in this section shall be construed as prohibiting any other person employing and using that person's meat inspectors but for the compliance with this Act, subsection 2 shall remain applicable.

(4) No person shall obstruct a meat inspector or an environmental health officer whilst executing the duties provided in this Act or other related legislation.

(5) The Minister may make regulations, published in the Gazette, prescribing anything which may be prescribed under this Part and especially this section, including the fees which may be payable for the inspection of animals, carcasses and meat, the circumstances under which or in which the fees shall be payable and by whom.

Seizure, condemnation and destruction of meat

111. (1) Any environmental health officer or such other authorised officer may, at any reasonable time, enter any shop, or premises or place, or thing used for the sale of, or for the storage of or for conveyance of meat to inspect and examine any meat found therein which such officer has reason to believe is intended for human consumption and if such meat appears to such officer to be unfit for human consumption, the officer may seize and destroy or cause to be destroyed by any person, including the owner or possessor or custodian of such meat, the meat.

(2) The Minister may, if the Minister deems it necessary, make notices or regulations, published in the Gazette, in respect of subsection (1).

Conveyance of meat in approved closed vehicles

112. (1) No person shall convey or transport in an open vehicle meat intended for sale to, or for consumption by, human beings.

(2) No person shall carry, convey, store meat intended for human consumption in any manner likely to or does get it contaminated with any substance not supposed to be on the meat by any health standards.

(3) No person shall sell or deliver to another person or cause to be delivered to another person, either free of charge or for a charge, meat which is contaminated, spoiled, diseased, stale, bad or infected with any disease or infection.

(4) No person shall deliver or cause to be delivered meat from an animal which may have died of its own, the cause of death is unknown or died from an infection or disease whether known or unknown for human consumption.

(5) Meat meant for sale or for human consumption at a charge or free of charge shall be conveyed in a truck specially designed for the purpose of conveying meat in a hygienic manner or conveyed in a closed vehicle approved by an environmental health officer or such other authorised officer.

(6) Persons carrying, transporting or conveying meat intended for human consumption whether from a slaughter house, vehicle, conveyancer, storeroom or such other place or thing shall wear or put on clothes or articles that will prevent contact between the person and the meat and such clothes or articles shall be in accordance with the health and hygienic requirements or as may be approved by an environmental health officer or such other authorised officer.

(7) Any person, doing any of the activities mentioned in subsection 6 and in compliance with that section, shall ensure that no contact takes place between the meat and the human hair, any where and any place, of that person or other persons.

(8) A person cutting meat into the desired portions and where the use of bare or open hands is permitted, shall ensure the hands are clean and free from injury or cuts and shall ensure no contamination or infection of the meat takes place.

Closure of meat shop for cleansing and minor repairs

113. (1) An environmental health officer or any other authorised officer may, after inspection of a butchery or meat shop or any other place where meat is sold, stored or displayed for sale or intended for human consumption, and if in the opinion of the officer the place or premises is grossly neglected and is hazardous or is a source of danger to public health, order the closure of such place or premises for a period not exceeding three working days to facilitate thorough cleansing and, if any, minor repairs of or to the place or premises.

(2) An environmental health officer or such other authorised officer shall, where premises or place found after inspection to have major defects that are a danger to public health, apply, in person or with the assistance of the office of the Attorney-General, to a magistrates court for the suspension of the operations of the premises or place in respect to meat or in respect to the whole place or premises or to the suspension of the licence thereof until the defects and conditions are rectified to the satisfaction of the officer or court.

(3) Any person who obstructs or refuses to comply with a lawful request or order of an environmental health officer or such other authorised officer whilst executing their duties under this section, commits an offence and shall be liable, on conviction, to a fine not exceeding five thousand Emalangeni, which fine may be amended by the Minister by notice published in the Gazette, or to imprisonment for a period not exceeding twelve months or to both fine and imprisonment.

Regulations

114. (1) The Minister may make regulations as may be necessary to carry into effect the provisions of this Part.

(2) Without prejudice to subsection (1), the Minister may make regulations regarding all or any of the following matters -

(a) the inspection of animals whose meat is intended for human consumption and of slaughter houses, and of factories, stores, shops and other places where meat is sold, processed, stored and conveyed;

(b) taking and examination of samples of meat, the removal of meat pending examination results, the seizure, destruction, treatment and disposal of meat found to be unwholesome, unsound, contaminated, unhygienic, infected, diseased, bed or spoilt and of diseased animals sold or intended or offered or exposed for sale for human consumption;

(c) the ensuring that imported meat is inspected by a meat inspector before it is sold to the public to any person for human consumption;

(d) the establishment, locality, supervision, equipment, maintenance and management of slaughter houses;

(e) the disposal of waste products of slaughtering and the inspection of slaughter houses and the animals therein;

(f) prohibiting, restricting and regulating the slaughter and disposal of diseased animals;

(g) prescribing the methods which may be used for the killing or slaughter of animals intended for human consumption, whether such killing or slaughter takes place at slaughter houses or elsewhere;

(h) providing for exemptions where deemed necessary;

(i) prescribing fees and charges for services and for incidental matters; and

(j) specifications and requirements for vehicles used for the conveyance of meat and meat products.

(3) Regulations made under this Part may prescribe offences and penalties.

Offences and penalties

115. Any person who fails or neglects to comply with or who contravenes, a provision of this Part or regulations made under this Part commits an offence, and where a penalty is not specified, is liable on conviction to a fine not exceeding ten thousand Emalangeni, which fine may be amended by the Minister by notice published in the Gazette, or to imprisonment for a period not exceeding three years or both such fine and imprisonment.