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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

1. Definitions

 

In these Regulations a word or expression to which a meaning has been assigned in the Act bears that meaning and, unless the context otherwise indicates—

 

"abattoir"

means a facility used for the slaughtering of animals of which the meat and meat products are intended for human consumption, which is approved and registered in terms of section 8 of the Meat Safety Act, 2000 (Act No. 40 of 2000);

 

"animal"

means a member of the animal kingdom;

 

"available"

means also available elsewhere than on the food premises in question;

 

"batch"

means a volume or quantity of milk that is stored under controlled temperature and time frame or period, when offered for sale to a consumer, as stipulated in regulation 6(7)(a);

 

"best available method"

means a method which is practicable and necessary for the protection of food against contamination or spoilage, having due regard to—

(a) local conditions and circumstances whether at or on food premises or elsewhere;
(b) the prevailing extent of established practice and the financial implications thereof;

 

"butchery equipment"

means the equipment normally used in connection with the processing of carcasses and meat and includes, but is not limited to, band saws, mincers, fillers, tenderizers and vacuum packing machines;

 

"certificate of acceptability"

means a certificate of acceptability referred to in regulation 3;

 

"clean"

means free of any soil, food residues, dust, dirt, dung, impurity, grease or other objectionable matter or contamination to the extent that a state of hygiene is attained and "cleaning ", "keep clean" and "cleaned" has a similar meaning;

 

"container" or "food container"

means anything in which or with which food is manufactured, prepared, processed, stored, served, displayed, packed, wrapped, kept or transported and with which food is in direct contact;

 

"contaminate"

means the effect exerted by a biological or chemical agent (excluding allergens used as ingredients), foreign matter, or other substances present in food so that the food—

(a) does not meet a standard or requirement determined by law;
(b does meet standards; or
(c) is unfit for human consumption, and "contamination" has a corresponding meaning;

 

"core temperature"

means the temperature reading taken in the estimated centre of the food;

 

"cross-contamination"

means the process by which contaminants, allergens or bacteria are unintentionally transferred from food, substances, objects, facilities to other food, substances, objects, or facilities, with a potential harmful effect;

 

"facility"

means an apparatus, appliance, equipment, implement, storage space, working surface or object used in connection with the handling of food;

 

"food"

means a foodstuff intended for human consumption as defined in section 1 of the Act, excluding food referred to in regulation 14(5), and raw milk when produced and handled in a milking shed in terms of the Regulations Relating to Hygiene Requirements for Milking Sheds, the Transport of Milk and Related Matters, published in Government Notice No. R. 961 of 23 November 2012.

 

"food handler"

means a person who in the course of his or her normal routine work on food premises, directly handles or comes into contact with packaged or unpackaged food, food equipment and utensils, or food contact surfaces and is therefore expected to comply with food hygiene requirements;

 

"food hygiene"

means the conditions and measures necessary to ensure the safety and suitability of food at all stages of the food chain;

 

"food premises"

means a building, structure, stall or other similar structure, and includes a caravan, vehicle, stand or place used for or in connection with the handling of food;

 

"food safety"

means the assurance that food will not cause harm to the consumer when it is prepared or eaten according to its intended use;

 

"good manufacturing practice"

means a method of manufacture or handling or a procedure employed, taking into account the principles of hygiene, so that food cannot be contaminated or spoiled during the manufacturing process;

 

"handle"

includes manufacture, process, produce, pack, prepare, keep, offer, store, transport or display for sale or for serving, and "handling" has a corresponding meaning;

 

"hands"

includes the forearm or the part of the arm extending from the wrist to the elbow;

 

"health hazard"

means a condition, act or omission that may contaminate or spoil food so that consumption of the food is likely to be dangerous or detrimental to health;

 

"inspector"

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

 

"meat"

means the carcass or parts thereof, of an animal slaughtered at an abattoir approved and registered in terms of section 8 of the Meat Safety Act, 2000 (Act No. 40 of 2000);

 

"meat products"

means the parts of a slaughtered animal which are not part of the carcass such as the head, trotters and washed or cleanly scraped entrails;

 

"perishable food"

means foodstuff which on account of—

(a) its composition, ingredients, moisture content or pH value; and
(b) its lack of preservatives and suitable packaging,

is susceptible to an uninhibited increase in microbes thereon or therein, if the foodstuff is kept within the temperature spectrum of 5°C to 60°C, and includes the perishable foodstuffs listed in Government Notice No R. 1183 of 1 June 1990, but excludes unprocessed fruit and vegetables;

 

"person in charge "

in relation to food premises, means a natural person who is responsible for the food premises or the owner of such food premises, as the case may be;

 

"prepacked food"

means food which, before it is presented for sale or for serving, has been packed as contemplated in regulation 7(4);

 

"ready-to-consume food"

means perishable food which may be consumed without having to undergo a further process to make it consumable and ready-to-eat food has a similar meaning;

 

"serve"

means the provision of food whether for a consideration or otherwise;

 

"the Act"

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

 

"thermometer"

means an apparatus which can give the temperature readings referred to in these Regulations, the combined accuracy and temperature-sensitive sensor of which is approximately 1°C;

 

"Unprocessed"

means food that is not changed from its natural, raw state through a processing method;

 

"Unprocessed agricultural crops"

means fresh, raw and unprocessed fruit, vegetables, maize, wheat, rye, unshelled peanuts, sugar cane, sunflower seed or other unprocessed agricultural crops;

 

"vehicle"

means a train, trolley, wagon, cart, bicycle, sled, truck, boat, ship or aircraft, and includes any other craft, vehicle or conveyance used in the handling, storage or transport of food;

 

"water"

means potable water that complies with the specifications set out inWater for domestic supplies: SANS 241.