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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

5. Standards and requirements for food premises

 

(1) Subject to the provisions of regulation 14, a person may not handle food elsewhere than on food premises that meet the requirements of this regulation and regulation 6.

 

(2) A food premises must be of such location, design, construction and finish and must be so equipped and maintained in the condition for which it was intended, that it can be used at all times for the purpose for which it was designed, constructed and equipped without creating a health hazard and that food—
(a) can be handled hygienically on the food premises and facilities thereon; and
(b) can be protected effectively by the best available method against contamination or spoilage by poisonous or offensive gases, vapors, odors, smoke, soot deposits, dust, moisture, insects or other vectors, or by any other physical, chemical (including unintended allergens) or biological contamination or pollution or by any other agent whatsoever.

 

(3) For the purposes of subregulation (2) food premises must meet the following requirements:
(a) The interior surfaces of walls, sides or ceilings, or of roofs without ceilings, and the surfaces of floors, or any other similar horizontal or vertical surfaces that form part of or enclose the food-handling area must—
(i) not have open joints or open seams and must be made of smooth, rust-free, non-toxic, cleanable and non-absorbent material that is dust-proof and water-resistant, but in a food-serving or storage area the following may be used:
(aa) face brick;
(bb) similar walls, the joints of which, are formed properly or are so formed and finished that they are easy to clean; or
(cc) decorative wall or ceiling finishes which are easy to clean;
(ii) be of such a nature that they cannot contaminate or contribute to the contamination of food.
(b) Each area of a food premises must be—
(i) ventilated effectively by means of—
(aa) natural ventilation through openings or openable sections which are directly connected to the outside air and so positioned in the external walls or roof that effective cross-ventilation is possible: Provided that the openings must have a surface area equal to at least 5% of the floor area of the room concerned; or
(bb) artificial ventilation that complies with the requirements of the National Building Regulations and Building Standards Act, 1977 (Act No. 103 of 1977), whichever of the two methods will facilitate the addition of adequate fresh air to, and the effective removal of polluted or stale air from, the food premises to the extent that air contaminants that could contaminate food, and that gas, vapors, steam and warm air that may arise during the handling of food are effectively removed. and that the emergence of any unhygienic or unhealthy condition on the food premises is prevented;
(ii) illuminated by means of—
(aa) unobstructed transparent surfaces in the external walls or roof which admit daylight, with an area equal to at least 10% of the floor area in the room concerned; or
(bb) artificial illumination which complies with the requirements of the National Building Regulations and the Building Standards Act, 1977,which permits an illumination strength equal to at least 200 lux: Provided that the intensity of the lighting must be adequate based on the nature of the operation and lighting fixtures are appropriately protected to prevent glass contamination of food.
(c) Food premises must—
(i) have a wash-up facility with hot and cold water for the cleaning of facilities;
(ii) be pest proof in accordance with the best available method;
(iii) be provided with effective means of controlling and preventing the access of flies, cockroaches, or other insects;
(iv) have a waste-water disposal system and a controlled refuse are approved by the local authority;
(d) The following must be available in respect of food premises:
(i) The number of latrines, urinal stalls and hand washbasins specified in Annexure D to these Regulations for the use of workers on the food premises and for use by persons to whom food is served for consumption on the food premises; but separate sanitary facilities for workers and clients are not required and where persons of only one sex or where no more than ten persons work on food premises, separate sanitary facilities are not required for workers of different sexes;
(ii) hand-washing facilities which must be provided with hot water where possible, for the washing of hands by workers on the food premises and by persons to whom food is served for consumption on the food premises, together with a supply of soap (or other cleaning agents) and clean disposable hand-drying material or other hand -cleaning facilities or hand-drying equipment for the cleansing and drying of hands by workers and persons;
(iii) liquid proof, easy-to-clean refuse containers with close- fitting lids suitable for the hygienic storage of refuse pending its removal from the food-handling area;
(iv) storage space for the equipment;
(v) a suitable separate area hygienic storage of food, facilities and for the hygienic storage and cleaning of refuse containers on the food premises;
(vi) a separate changing area with storage facilities for clothes of workers;
(vii) an adequate supply of water.
(e) A room in which food is handled may not have a direct connection with any area—
(i) in which gas, fumes, dust, soot deposits, offensive odours or any other impurity is present or may arise in such a manner that food in the food-handling room could be contaminated or spoilt;
(ii) in which an act is performed in any manner or where any condition exists that could contaminate or spoil food in the food handling area;
(f) A room in which food is handled may be connected to a changing area or a room in which a latrine or urinal is situated—
(i) only via a properly ventilated lobby, but relevant inter-connecting doors must cover the whole area of their apertures and must be equipped with durable self-closing devices; or
(ii) without such a properly ventilated lobby between them but the connecting aperture must have a self-closing door as contemplated in subparagraph (i) and the latrine or urinal room must be equipped with effective mechanical extraction ventilation to the outside air to render the atmosphere inside such room under a negative pressure in relation to the atmosphere in the food-handling room.