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Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972)

Regulations

Regulations Governing General Hygiene Requirements for Food Premises, the Transport of Food and Related Matters

10. Duties of person in charge of food premises

 

A person in charge of food premises must ensure that—

 

(1)
(a) he or she is suitably qualified or otherwise adequately trained in the principles and practices of food safety and hygiene, as appropriate, and that the training is accredited or conducted by an inspector, where applicable;
(b) any other person working on the food premises, is suitably qualified or adequately trained in the principles and practices of food safety and hygiene, as appropriate, by an inspector or any other suitable person;
(c) routine assessments are conducted to determine the impact of the training required under paragraph (b) and arrange follow up training as applicable;
(d) training programmes and records are kept and routinely updated, as applicable, and are made available to an inspector on request;

 

(2) the provisions of these Regulations are complied with;

 

(3) effective measures are taken to prevent or eliminate flies, other insects, rodents, birds, vermin or any other pests on the food premises;

 

(4) refuse is removed from the food premises or from any room or area in which food is handled as often as is necessary and whenever an inspector requires it to be done;

 

(5) refuse is stored or disposed of in such a manner that it does not create a nuisance;

 

(6) refuse bins are—
(a) cleaned regularly; and
(b) disinfected whenever necessary and whenever an inspector requires it to be done;

 

(7) waste water on the food premises is disposed of to the satisfaction of the relevant local authority;

 

(8) the food premises and any land used in connection with the handling of food and all facilities, freight compartments of vehicles and containers are kept clean and free from unnecessary materials, goods or items that do not form an integral part of the operation and that have a negative effect on the general hygiene of the food premises;

 

(9) a person handling non-prepacked food does not wear jewellery, other items or adornment that may come into contact with the food, unless it is suitably covered;

 

(10) an animal, subject to the provisions of any law, is not kept or permitted in a room or area where food is handled, except that—
(a) a guide or service dog accompanying a person with a disability may be permitted in the sales or serving area of the food premises;
(b) fish, molluscs or crustaceans may be kept alive until prepared for consumption;

 

(11) a condition, act or omission that may contaminate food does not arise or is not performed or permitted on the food premises;

 

(12) persons under his or her control, who handle food, at all times meet the standards and requirements and execute the duties prescribed by regulations 9 and 11, respectively;

 

(13) an area in which food is handled is not used for—
(a) sleeping purposes;
(b) washing, cleaning or ironing of clothing or similar laundry;
(c) any other purpose or in any manner that may contaminate the food therein or thereon;

 

(14) a food handler does not touch ready-to-consume non-prepacked food with his or her bare hands, unless it is unavoidable for preparation purposes, in which case the food must be handled in accordance with good manufacturing practice;

 

(15) the reporting of diseases and conditions contemplated in regulation 11(2)(b) are properly recorded and kept for perusal by an inspector.

 

(16) despite subregulations 10(1) and 10(15) and subject to subregulation 10(2) and the best available method. there is compliance with these Regulations through the keeping of appropriate records, but records applicable to processing, production and distribution must be kept and retained for a period of at least 6 months after the shelf-life of the product;

 

(17) foodstuff manufactured, kept or sold from the premises contemplated in regulation 3(1), complies in all respects to the provisions of the Act and the regulations promulgated there-under, including the labeling thereof:

 

(18) despite the provisions of subregulation 10(17), a traceability system is maintained according to the best available method and a recall procedure is in place and any incident requiring recall activation is reported to the local inspector and the National Directorate: Food Control.