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

Regulations

Regulations relating to Hygiene Requirements for Milking Sheds, the Transport of Milk and Related Matters

5. Suspension or withdrawal of a certificate of acceptability

 

(1) If a local authority in whose area of jurisdiction an approved milking shed is situated, on the strength of an inspection report and the recommendation of an inspector, is of the opinion that the milking shed—
(a) is being used in such a way that it constitutes a health hazard or that a situation has developed in the milking shed constituting a health hazard, the local authority may for as long as, in its opinion, that a hazard exists suspend the certificate of acceptability concerned and shall in writing notify the holder accordingly;
(b) is being used contrary to the provisions of these regulations or the terms and conditions of the certificate of acceptability, the local authority shall in writing notify the holder accordingly.

 

(2) Any notice referred to in paragraph (1) shall state the particulars which shall be sufficient within reason to inform the holder concerned on what grounds the decision of the local authority is based, and shall request the holder to reply within 21 days of receipt of the notice to the allegations made in the notice.

 

(3) If such a reply is received, the local authority may, after consideration of the reply so received, issue an order to the holder instructing him before a specified date to rectify the similarly specified matters complained about, and stating that if this is not done the certificate of acceptability as the case may be, may be withdrawn without further notice.

 

(4) A notice issued in terms of paragraph (1), shall be served on the holder or person in charge of the milking shed concerned, and the person on whom the notice is served, shall deal, in the manner determined in the notice, with such notice and the certificate of acceptability concerned, in cases where the certificate concerned is suspended or withdrawn.

 

(5) The suspension or withdrawal of a certificate of acceptability in terms of this regulation shall have the effect that as long as the certificate concerned is suspended and from the date on which the certificate is withdrawn, no milk produced or received in the milking shed concerned shall be used for human consumption.