The Public Health Bill, 1999

PART XIV: PUBLIC HEALTH REQUIREMENTS RESPECTING TRADE PREMISES

Interpretation of trade premises

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

"trade premises" means any premises or place used or intended to be used for carrying out trade or business, respecting -

(a) the manufacture, storage, conveyancing, transportation, selling, buying, feeding or such similar activities, of things meant or intended for human consumption;

(b) products, by-products or part thereof intended or which is eventually consumed by human beings;

(c) a thing or article used in the preparation of, or used whilst preparing, another thing that shall be consumed by, or shall be taken into, or inserted into, or infused into, a human being.

Power of the Minister

153. The Minister in consultation with other relevant Ministries may, by notice published in the Gazette, declare a thing or place or a particular thing or place, for purposes of this Part to be trade premises and may further extend or limit the meaning of trade premises.

General health requirements for trade premises

154. (1) In addition to any other law having a bearing or relevant to the matters or things dealt with in this Part, respecting trade premises, safety, health and public health at work places or other places, the following public health requirements shall apply and shall be complied with by any person involved in, or in charge of, or responsible for trade premises, or public health -

(a) every trade premises shall have adequate sanitary conveniences, adequate and approved ventilation and lighting, adequate and wholesome water or water supply and where applicable approved drainage and sewerage;

(b) no trade premises, where a structure or building exists, shall have a length which is less than six metres, a width of less than four and a half metre, and a height of less than two metres and seventy centimetres;

(c) every trade premises shall be free of rodents and shall be rodent-proof;

(d) the minimum distance, between any trade premises and a cattle kraal, cow shed, or any other such place, shall not be less than one hundred metres, and in the case of pigsty, the distance shall not be less than one hundred and fifty metres; and

(e) paragraph (d) applies only to areas where the law permits the keeping of a cattle kraal, cow shed, pigsty or such similar things or places and where the law prohibits the keeping of such things or places no person shall contravene that law or bye-law or regulation and such prohibition shall be construed as if made under this Act for purposes of prosecuting an offender.

(2) The location, the siting and the surroundings of trade premises shall be governed by the following provisions -

(a) the location or siting shall be such that the possibility of contamination, of food, articles or other things intended by the Part, is eliminated;

(b) the ground surrounding the building, location or place shall be properly drained or sloped as to prevent the accumulation of water, waste water, rain water or any other dirt or unwanted and unhealthy substances or things;

(c) rubbish, refuse, dirt, waste or such other similar things shall not be allowed or permitted to accumulate at the trade premises or to exist except in an approved and healthy manner and at an approved place conducive to health;

(d) grass or weed shall be managed and kept short, provided it should be kept, to minimise the possibility of providing insects or rodents shelter or breeding places;

(e) poultry and animals shall not be kept or allowed on trade premises where food and drink is processed, prepared or stored unless the Minister's consent is first obtained and such consent shall be published in the Gazette;

(f) trade premises shall be kept clean and healthy, and no condition shall be permitted inside or outside or near the trade premises which shall make the trade premises unhealthy or unhygienic or a condition that shall make it difficult to keep the trade premises clean and hygienic; and

(g) pit latrines shall be situated from a dwelling or trade premises by a distance permitted by the Minister or an environmental health officer.

(3) The floors of rooms or trade premises where food, drinks or such things as intended by this Part are prepared, kept, stored or sold shall be of such material as the Minister, or with the assistance of experts, may approve.

(4) In addition to subsection (3) the floors shall be impervious, non-corrosive, clean, smooth where necessary, and the places at the corners of walls or floors or where the walls and floors meet shall be such that there shall be no cracks, holes and no hiding places for vermin or dirt.

(5) In trade premises that have -

(a) walls -

(i) the external walls shall be built of durable materials, such as burnt bricks, cement, stone or such materials approved by an environmental health officer or Minister, and provisions shall be made for moisture proofing;

(ii) the interior walls or surface of such walls shall be of such manner that frequent cleansing is possible and may be smooth but shall be impervious, durable and washable and preferably with an oil paint finish; and

(iii) the walls shall be painted or finished in washable paint of a light colour and shall be kept hygienic,

(b) a ceiling -

(i) the finish of the ceiling shall be smooth and durable;

(ii) the ceiling shall be dust-proof; and

(iii) the ceiling shall be kept hygienic; and

(c) doors, windows and roofing -

(i) the doors shall be of a type approved by an environmental health officer or the Minister or a building inspector designated by law as such;

(ii) the outward windows shall have sills with a downward slope;

(iii) the door posts, doors and ceilings or other coverings or parts thereof which are not finished in tiles or other glazed materials shall have a smooth finish, painted with light washable paint and shall be kept clean and hygienic; and

(iv) the window frames, door surface, pipes, beams, discharge pipes and such other places or things where dust may accumulate shall be painted in light colours and shall, at all times, be kept clean and hygienic.

(6) It shall be an offence to connect or join a dwelling house with trade premises unless first permitted by the Minister in writing or a building inspector designated as such by law in conjunction or collectively with the Minister.

(7) Trade premises that sell or serve food to the public or such selected members of the public shall have scullery for the purposes of washing utensils and an adequate supply of wholesome water and clean hot water.

(8) Every trade premises that sell food for human consumption shall have a source of supply of clean water for the food handlers to wash or cleanse their hands whilst handling such food.

Inspection of trade premises

155. Subject to the provisions of this Act, an environmental health officer or such other authorised officer or person may, at appropriate and reasonable times, enter any trade premises and inspect such premises for -

(a) hygiene standards and compliance with this Act;

(b) state of repair of the premises;

(c) condition of the food sold or handled therein; and

(d) any other purpose prescribed in this Act or regulations made under this Act.

Closure of premises violating this Act or regulations

156. (1) Subject to subsection (4), where an environmental health officer or such other authorised person, believes on reasonable grounds that the conditions or operations of or any trade premises are a danger or pose a danger to public health or contravenes the provisions of this Act, the officer or such authorised person may request the licensing authority to immediately suspend the trading licence of the premises until the conditions or operations are rectified to the satisfaction of the environmental health officer or such other authorised person or a court.

(2) The environmental health officer or such other authorised person shall, simultaneously whilst requesting the licensing authority as provided in subsection (1), make and deliver a report to the local authority and a copy to the Minister requesting for the closure of the trading premises.

(3) The Minister, the local authority or the licensing authority may all make independent decisions and act upon, and a decision which is in conformity with the provisions of this Act or that which is reasonably concerned with public health shall prevail in as far as the matter is concerned and the Commissioner of Police shall ensure the compliance with the prevailing order.

(4) Where, in the opinion of an environmental health officer or such other authorised person, the conditions or operations of or in trade premises pose imminent danger to public health, the environmental health officer or such other authorised person shall order the premises to be closed forthwith and thereafter inform the Minister, the local authority and the licensing authority of the closure.

(5) Consequent to subsection (4), the trade premises shall remain closed until the conditions or operations are rectified to the satisfaction of the environmental health officer or such other authorised person or a court.

(6) A person affected or aggrieved by a decision to close or to keep open or to re-open trade premises may make an application to court, at the aggrieved or affected person's expense and litigation costs, to have the decision reviewed.

(7) No civil liability shall lie against the Minister, local authority, licensing authority, the environmental health officer or such other authorised person for or whilst doing an act or requirement or anything required or permitted by this Part or Act to be done by these persons.

Regulations

157. (1) The Minister may, by notice published in the Gazette, make regulations and orders for the purposes of this Part.

(2) Without prejudice to subsection (1) the Minister in like manner to that subsection may make regulations and orders -

(a) specifying minimum health requirements of or for trade premises and for the business carried therein and for specific businesses for specific trading premises;

(b) exempting compliance with the minimum size requirements of certain trade premises in special circumstances;

(c) prohibiting and regulating which items, articles, or businesses may or may not be carried out in one trade premises; and

(d) prohibiting and regulating the sale of hazardous substances, including fertilizers, pesticides and other such chemicals, from certain trade premises.

(3) The regulations and orders, made under this Part may prescribe offences and penalties.

Offences and penalties

158. Any person who contravenes or fails to comply with a provision of this Part or regulation or order made under this Part commits an offence and liable, on conviction, to a fine not exceeding five thousand Emalangeni, which fine the Minister by notice published in the Gazette may amend, or in default to imprisonment, for a period not exceeding six months or to both fine and imprisonment.