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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

14. Exemptions, additional requirements and reservations

 

(1) A person in charge of food premises may, subject to regulation 3(1)(a), apply to the local authority concerned for exemption from any of the provisions of these Regulations, excluding exemption from the requirement for a certificate of acceptability.

 

(2)
(a) Upon receipt of an application for exemption referred to in subregulation (1), a local authority must refer the application to an inspector without delay.
(b) An exemption may not be granted unless the inspector has submitted a report to the local authority to the effect that he or she is satisfied that—
(i) the provision from which exemption is requested imposes unreasonable requirements in the case in question; and
(ii) the granting of the exemption does not or will not result in conditions that constitute a health hazard.

 

(3) An exemption referred to in this regulation—
(a) is subject to the conditions listed by the local authority in the certificate of acceptability or notice of exemption, as the case may be, and
(b) may be withdrawn by the local authority on the grounds of an inspection report and a recommendation by an inspector to the effect that he or she is of the opinion that the exemption will result in conditions that constitute a health hazard.

 

(4)
(a) Subject to regulation 3(5)(a), a local authority may, on the grounds of an inspection report and recommendations from an inspector, set additional requirements to be met on food premises where, despite compliance with a provision of these Regulations, a health hazard, which is not provided for in these Regulations, exists.
(b) The additional requirements must, subject to the principles of the best available method and good manufacturing practice, be limited to the minimum necessary to remove the health hazard in question.

 

(5) The provisions of regulations 3(1) and 5 do not apply to the killing, bleeding or evisceration of an animal after the hunting thereof or of fish, molluscs or crustaceans after the catching or harvesting thereof and the packing, storage, display, sale or transport of unprocessed agricultural crops, provided that—
(a) the principles of the best available method and good agricultural and manufacturing practice apply;
(b) the provisions of other applicable legislation, where relevant, apply;
(c) unprocessed agricultural crops are not offered for sale at local authority markets;
(d) in the event that conditions prevail that constitute a health hazard, an inspector must—
(i) subject to regulations made in terms of section 15 of the Act relating to inspections and investigations in respect of the handling of food, order that any condition that led to or could lead to such or any other health hazard, be corrected or that any provision of these Regulations be complied with; or
(ii) prohibit the continued use of the food premises for the packing, storage, display, sale or transport of any of the afore-mentioned food, and the provisions of regulation 4(2) to (4) must, in the same manner, apply to the prohibition.

 

(6) The provisions of regulation 3(1) do not apply to—
(a) a vehicle, used by the person in charge of a food premises, to transport, display or serve prepacked food derived from the food premises on condition that a certified copy of the certificate of acceptability issued to the person in charge is present in the vehicle; and
(b) a private residence where food is handled for the purpose of making it available, without compensation, to a church, educational or amateur sports organisation or a registered welfare or fund-raising organisation for sale but the person in charge of that organisation, who receives the food, must keep a record of the type of food and the address of the private residence where the food was handled, for a period of at least 30 days after receipt of the food.

 

(7) These Regulations do not apply to a private household which handles food for consumption by the household or, without compensation, by any other person.