The Public Health Bill, 1999

PART IX: FOOD SUPPLIES AND FOOD HYGIENE

Duties of a local authority and other persons

90. (1) Every local authority, within its jurisdiction, shall ensure that appropriate facilities are used for the hygienic handling of food during the manufacture, transportation, storage, preparation, packaging, sale and consumption.

(2) Every person, connected with the manufacture, transportation, storage, preparation, labelling, packaging, sale and consumption of foods, shall put in place and use appropriate facilities for the hygienic handling of food in that person's connection with the food.

(3) Any person who contravenes the requirements or provisions of this section commits an offence.

Duties of environmental health officers

91. (1) It shall be the duty of every environmental health officer or any health officer authorised by the Minister or law, to take all lawful, necessary and reasonable and practical measures to ensure that all food or food supplies intended for human consumption is or are clean, wholesome, sound and free from any disease, infection or contamination and not stale or expired.

(2) Where an environmental health officer or such other authorised officer suspects or has reason to suspect that any food, in the officer's opinion, is spoiled, stale, contaminated or for any reason is not fit for human consumption, the officer may take samples of such food for examination or analysis within a reasonable time to any competent laboratory for examination and analysis.

(3) The environmental health officer or such other authorised officer, whilst performing the provision of sub-section (2), may order the supply, sale or consumption of such food to be stopped pending the results of the examination or analysis.

(4) The environmental health officer or such other authorised officer shall not be liable to any damages which may be suffered by any person as a result of the application or enforcement of the provisions of this section, provided such officer acted within this Act or any other applicable law.

Inspection and licensing of milk dairies

92. (1) No person shall open or operate a dairy business or facility unless it has been inspected and approved by an environmental health officer or such other authorised officer.

(2) A licensing officer shall not issue or renew a licence in respect of a dairy business unless the applicant produces documentary proof that the applicant's business premises have been inspected and approved by an environmental health officer or such authorised officer.

(3) No person shall sell or offer for sale or deliver to another person milk, milk produce or milk product intended for human consumption unless it satisfies the required standards in force at the commencement of this Act, or as they be amended or replaced or the standards the Minister may, by regulations published in the Gazette, make.

Unwholesome, diseased or contaminated food

93. (1) No person shall sell, prepare, keep, transit or expose for sale any milk, dairy produce, dairy product, meat, food or other article of food including vegetables, which is not clean, wholesome, sound and free from any disease, infection, contamination or food which is stale or expired.

(2) No person shall collect, prepare, manufacture, keep, transmit or expose for sale such food or food article without taking adequate measures to guard against or prevent any infection or contamination of such food or food article.

(3) Any person, intending any food for human consumption at any institution or public gathering, shall comply with subsections (1) and (2) and shall ensure that the food complies with the requirements of those subsections, and without prejudice, the whole Act.

(4) Where an environmental health officer or such other authorised officer believes on reasonable grounds or suspicion that any food or food article is not clean, wholesome, sound or free from any disease, infection, contamination or that the food is stale or expired and poses danger to the public health, such officer may seize and destroy or cause to be destroyed such food or food article.

(5) Any food shop which fails to comply with the applicable provisions of this Part or section shall be liable to have the premises closed forthwith by an environmental health officer or such other authorised officer until such time that the applicable provisions, as shall be specified by the officer, are complied with to the satisfaction of the environmental health officer or such other authorised officer.

(6) Any person aggrieved by the decision of an environmental health officer or such other authorised officer may apply to a court of law to have the decision set aside but the court shall not set aside such decision until the court is satisfied that the said provisions have been complied with and any error or mistake or fault in procedure shall not vitiate the environmental health officers' or such other authorised officer's decision to close the shop and no liability shall lie against such officers.

(7) Any closure of a food shop in terms of this section shall not be construed as punishment and the punishments contained in subsection (9) shall apply to the person whose food shop is closed.

(8) No person shall obstruct an environmental health officer or such other authorised officer in the execution of lawful duties under this section and any person who obstructs such officers commits an offence.

(9) Any person who contravenes a provision of this section commits an offence and is liable, on conviction, to a fine not exceeding five thousand Emalangeni which fine is subject to amendment by the Minister by notice published in the Gazette, or to imprisonment for a period not exceeding twelve months.

Powers to inspect food, articles and premises

94. (1) An environmental health officer, meat inspector or such other authorised officer may, at any reasonable time, enter any premises where food is handled to inspect and examine any such food suspected or believed to be or is intended for human consumption.

(2) Where such food appears to such officer to be unfit for human consumption, the officer shall seize such food and deal with the food as provided in subsection (4) of section 93 or as provided in some other related law.

(3) No person shall obstruct such officer in the execution of the duties provided under this Part and such officer may request the assistance of a police officer or other person whilst carrying out the provisions of this Part.

(4) For purposes of this section "food" includes, food articles or such other article related to food handling, with such modifications.

Closure of food premises for clean-up or repairs

95. (1) An environmental health officer or such other authorised officer after inspection of a food premises, place or shop as provided by section 94 and if in the opinion of the officer the premises, place or shop is grossly neglected or dirty and poses a potential danger or danger to public health, may order the closure of the premises, place or shop for an initial period not exceeding three working days to facilitate thorough cleaning, improvement of the detestable conditions and minor repairs where necessary.

(2) The environmental health officer or such other authorised officer shall not permit the closed premises, place or shop to be re-opened for business unless satisfied that the conditions are satisfactory which conditions shall be specified when closure is effected.

(3) The environmental health officer or such other authorised officer may instruct the Attorney-General, where the premises, place or shop is found to have major structural defect, to move an application in a magistrates court to have the licence in respect of such premises, place or shop suspended or cancelled until the premises, place or shop or conditions are rectified to the satisfaction of the environmental health officer or the authorised person.

(4) Any person who obstructs, or refuses entry to, or who persuades otherwise the environmental health officer or such other authorised officer whilst that officer is carrying out the provisions of this Part commits an offence and is 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 one year.

Hygiene for food handlers

96. (1) Every person engaged in the handling of food for sale or for human consumption shall ensure that the food is protected from all possible contamination specified in this Part or the regulations applicable to food hygiene and shall further comply with any legislation respecting food handling.

(2) Any person who fails to comply with any legislation respecting food hygiene or food handling commits an offence.

Control of street food vending

97. (1) It shall be the duty of every local authority, where street food vending is permitted, to provide or identify suitable sites and appropriate and adequate facilities for street food vendors.

(2) All street food vendors shall be licensed and like other food handlers in the formal sector, shall be governed by legislation or regulations relating to food hygiene and food handling.

(3) All street food vending sites shall be regularly inspected by the environmental health officer or such other authorised officer so as to ensure maintenance of hygiene standards and food handling standards at such sites and to ensure that the street food vendors carry out their activities in accordance with the provisions of this Part or related legislation and to ensure hygiene practice on food handling is practised.

(4) The environmental health officer or such other authorised officer shall seize and destroy as provided in subsection (4) of section 93 food or food items found not fit for human consumption or not conducive to food hygiene.

Regulations

98. (1) The Minister, alone or with any other person or body, may, by notice published in the Gazette, make regulations for the purposes of public health and to give effect to the provisions of this Part.

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

(a) the inspection of factories, stores, shops, streets or other places where any article relating to food or food is manufactured, prepared, kept or sold;

(b) the removal or detention or examination or inquiry of things or articles related to food or food suspected of being stale, expired, diseased, unsound, unwholesome or unfit for human consumption.

(d) health minimum requirements or standards for various food outlets, shops, street vending sites and such similar things or places;

(e) requirements for conveyance of food and for vehicles that convey food and such related things or actions;

(f) the requirements for medical examination of any person in premises where food intended for human consumption is collected, processed, kept, sold or offered or exposed for sale;

(g) the health and hygiene standards and practices for food handling for the formal as well as the informal sector;

(h) the food contents or content, composition, nutrients and other substances that may or may not be added to food or foods;

(i) the labelling of food packages or containers including the specifying of the date of manufacture, packaging or expiration as the case may be;

(j) the prohibition of the employment of a person, in connection with the handling, collection, preparation, storage, distribution, conveyance or sale of any article of food or food, who has been proved or suspected to be a carrier of an infection of typhoid, enteric fever or other infectious disease;

(k) the closure of food shops, street vending sites and other outlets that fail to meet or maintain health standards or practices and pose potential danger or danger to public health.

(3) Nothing shall prevent the Minister from issuing orders or notices, published in the Gazette and where expedient verbal orders or notices but immediately reduced into writing, of any of the matters specified in subsection (2).

(4) The regulations, orders or notices made under this Part may prescribe offences and penalties and amend fines contained in this Part.

Offences and penalties

99. Any person who fails to comply with a requirement or who contravenes a provision of this Part or any legislation made under this Part commits an offence, and where a penalty is not stated, 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.