In this Act, unless inconsistent with the context-

"advertisement"

in relation to any foodstuff, cosmetic or disinfectant, means any written, pictorial, visual or other descriptive matter or verbal statement, communication, representation or reference—

and which is intended to promote the sale or encourage the use of such foodstuff, cosmetic or disinfectant; and "advertise" has a corresponding meaning;

"analyst"

means a person authorised as such under section 12;

"appliance"

means the whole or any part of any implement, machine, instrument, apparatus, equipment, robot or other object used or capable of being used for, in or in connection with the manufacture, treatment, packing, labelling, storage, conveyance, preparation, display, sale, serving or administering of any foodstuff, cosmetic or disinfectant;

"cosmetic"

means any article, preparation or substance (except a medicine as defined in the Medicines and Related Substances Act, 1965 (Act No. 101 of 1965)) intended to be rubbed, poured, sprinkled or sprayed on or otherwise applied to the human body, including the epidermis, hair, teeth, mucous membranes of the oral cavity, lips and external genital organs, for purposes of cleansing, perfuming, correcting body odours, conditioning, beautifying, protecting, promoting attractiveness or improving or altering the appearance, and includes any part or ingredient of any such article or substance;

"describe"

includes to advertise or label;

"Director-General"

means the head of the national department;

"disinfectant"

means any article or substance used or applied or intended to be used or applied as a germicide, preservative or antiseptic, or as a deodorant or cleansing material which is not a cosmetic;

"environmental health practitioner"

means a person registered as such in terms of the Health Professions Act. 1974 (Act No. 56 of 1974);

"export"

means to take or send goods, or to cause them to be taken or sent, from the Republic to a country or territory outside the Republic;

"foodstuff"

means any article or substance (except a medicine as defined in the Medicines and Related Substances Act, 1965 (Act No. 101 of 1965)) ordinarily eaten or drunk by a person or purporting to be suitable, or manufactured or sold, for human consumption, and includes any part or ingredient of any such article or substance, or any substance used or intended or destined to be used as a part or ingredient of any such article or substance;

"import"

means to import into the Republic by any means; and "importation" has a corresponding meaning;

"importer"

includes any person who, whether as owner, consignor, consignee, agent or broker, is in possession of or in any way entitled to the custody or control of any foodstuff, cosmetic or disinfectant imported;

"import harbour"

[Definition of "import harbour" deleted by section 1(b) of Act No. 32 of 1981.]

"inspector"

means a person authorised as such by or under section 10;

"label"

means any brand or mark or any written, pictorial or other descriptive matter appearing on or attached to or packed with any foodstuff, cosmetic or disinfectant or its package, and referring to such foodstuff, cosmetic or disinfectant; and, when used as a verb, means to brand or mark or to attach or to provide in any other manner with, any written, pictorial or other descriptive matter;

"local authority"

means a municipality as defined in section 1 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000);

"manufacture"

includes production, or preparation, processing, preservation or other manufacturing process; and "manufacture", when used as a verb, has a corresponding meaning;

"medical practitioner"

means a person registered as such in terms of the Health Professions Act, 1974 (Act No. 56 of 1974);

"Minister"

means the member of Cabinet responsible for Health;

"mollusc"

means any member of the phylum Mollusca, and includes but not limited to squids, clams, snails and chitons and is characterised by a visceral mass, a mantle and a foot;

"national department"

means the national department of Health;

"package"

means anything by or in which any foodstuff, cosmetic or disinfectant is covered, enclosed, contained or packed;

"premises"

means land or any building or other structure and includes any train, boat, ship, aircraft or other vehicle;

"prohibited"

except in the definition of "prohibited article", means prohibited in terms of any regulation;

"prohibited article"

means any foodstuff, cosmetic or disinfectant which may in terms of this Act not be sold or manufactured or imported for sale or which does not comply with the provisions of this Act in all respects;

"provincial department"

means the provincial department responsible for health;

"regulation"

means a regulation made under this Act;

"sealed package"

means an unopened package which cannot be opened without breaking or damaging such package or any seal, adhesive label or other part of or attachment to such package;

"Secretary"

[Definition of "Secretary" deleted by section 1(d) of Act No. 32 of 1981.]

"sell"

includes to offer, advertise, keep, display, transmit, consign, convey or deliver for sale, or to exchange, or to dispose of to any person in any manner whether for a consideration or otherwise; and "sold, "selling" and "sale" have corresponding meanings;

"this Act"

includes any regulation;

"treated"

means coloured, stained, powdered, polished, coated or steamed, or mixed, preserved, flavoured, diluted or thickened with any substance, or treated in any other manner; and "treat" and "treatment" have corresponding meanings;

"veterinarian"

means a person registered as such in terms of the Veterinary and Para-Veterinary Professions Act, 1982 (Act No. 19 of 1982).