| (a) |
prescribing the nature and composition of any foodstuff, cosmetic or disinfectant, or standards for the composition, strength, purity or quality or any other attribute of any foodstuff, cosmetic or disinfectant or any ingredient or part of a foodstuff, cosmetic or disinfectant; |
| (b) |
prescribing, prohibiting, restricting or otherwise regulating— |
| (i) |
the use or employment of any substance or any appliance, container or other object or any process or method for, in or in connection with the manufacture, treatment, packing, labelling, storage, conveyance, serving or administering of any foodstuff, cosmetic or disinfectant; or |
| (ii) |
the abstraction or removal of any substance from any foodstuff; |
| (c) |
prescribing the circumstances under which or the manner in which the fact that a particular substance, process or method has been used or employed for, in or in connection with the manufacture or treatment of any foodstuff, cosmetic or disinfectant or the fact that any substance has been abstracted or removed from any foodstuff, shall be revealed to a buyer of the article in question; |
| (d) |
prescribing any foreign substance, or the nature of foreign substances, that may be considered as unavoidably present in any foodstuff or cosmetic as a result of the process of its collection, manufacture or treatment, or the greatest measure in which any such substance or substances of such nature may be present in any foodstuff or cosmetic; |
| (e) |
prescribing any foodstuff, cosmetic or substance as a foodstuff, cosmetic or substance which shall for the purposes of this Act be deemed to be harmful or injurious to human health; |
| (f) |
declaring any foodstuff to be a perishable foodstuff for the purposes of this Act; |
| (g) |
prohibiting the sale of any particular foodstuff, cosmetic or disinfectant, or of any foodstuff, cosmetic or disinfectant of a particular nature or class; |
| (h) |
prescribing the name under which any particular foodstuff, cosmetic or disinfectant may be sold, or prohibiting the sale of any particular foodstuff, cosmetic or disinfectant under a name other than a name so prescribed or under a specified name; |
| (i) |
prohibiting, restricting or otherwise regulating the manufacture, importation, possession, sale or use of any appliance, container or other object— |
| (i) |
which is or can be used, or is intended or destined for use, in or in connection with the manufacture, treatment, packing, labelling, storage, conveyance, serving or administering of any foodstuff or cosmetic and which is in such a condition, or which consists of or contains or has been treated with any substance of such nature, that if it should come into contact with any foodstuff or cosmetic, such foodstuff or cosmetic would thereby become or is likely thereby to become harmful or injurious to human health; or |
| (ii) |
which is or can be used or employed, or is intended or destined for use or employment, in or in connection with a prohibited process or method of manufacture, treatment, packing, labelling, storage or conveyance of any foodstuff, cosmetic or disinfectant; |
| (j) |
prescribing, prohibiting, restricting or otherwise regulating— |
| (i) |
the packing of any foodstuff, cosmetic or disinfectant or the packing of any such article in a specified manner or in a manner other than a specified manner; or |
| (ii) |
the use for the packing of any such article of any package of a specified condition, form or nature or made from or treated with any specified material or substance; |
| (k) |
prescribing the manner in which any foodstuff, cosmetic or disinfectant or its package, or the bulk stock from which it is taken for sale, shall be labelled, the nature of the information to be reflected on any label, the manner or form in which such information shall be so reflected or shall be arranged on the label, or the nature of information which may not be reflected on any label; |
| (l) |
exempting any foodstuff, cosmetic or disinfectant specified or of a specified nature or class, from the requirements of this Act relating to labelling, and prescribing the conditions or pre-requisites (if any) in connection with any such exemption; |
| (m) |
prescribing powers or duties to be exercised or performed by an inspector, including powers or duties in connection with the obtaining or transmitting of samples for analysis or examination, or otherwise dealing with samples for the purposes of this Act; |
| (n) |
prescribing powers or duties to be performed or exercised by an analyst, methods of analysis or examination of samples for the purposes of this Act, the form of any certificate or report to be furnished in connection with such analysis or examination, or the nature or arrangement of particulars to be reflected in such a certificate or report; |
| (nA) |
regarding the control, restriction or prohibition of the use of any premises that are connected with the handling, processing, production, manufacturing, packing, storing, preparing, conveyance, displaying, sale or serving of any foodstuff; |
| (nB) |
regarding the provision of a sewerage and drainage system for premises that are connected with the handling, processing, production, manufacturing, packing, storing, preparing, conveyance, displaying, sale or serving of any foodstuff; |
| (nC) |
regarding the control, restriction or prohibition of water, washing and sanitary conveniences, lighting and ventilation at premises that are connected with the handling, processing, production, manufacturing, packing, storing, preparing, conveyance, displaying, sale or serving of any foodstuff; |
| (nD) |
prescribing the structural requirements and the material used in the construction of any building on premises that are connected with the handling, processing, production, manufacturing, packing, storing, preparing, conveyance, displaying, sale or serving of any foodstuff, to ensure conformity; |
| (nE) |
prescribing uniform norms and standards to which appliances, storing spaces, working surfaces and places used in connection with the handling of any foodstuff must adhere; |
| (nF) |
prescribing uniform norms and standards to which the cleansing of facilities, the vehicles used for the transport of various foodstuffs, the container in which any foodstuff is stored, processed, displayed or transported and the clothing worn by persons handling any foodstuff must adhere; |
| (nG) |
regarding the examination, control and supervision of the manufacturing and preparation processes, storage, keeping and dispatch of any foodstuff that is intended to be sold in, or to be exported from, the Republic; |
| (nH) |
relating to the prohibition of the manufacture, preparation, storage, keeping, dispatch or sale in or export from the Republic of any foodstuff which is, or contains an ingredient which is, diseased, unsound or unfit for human consumption, or which has been exposed to any infection or contamination; |
| (nI) |
regarding the removal or detention of animals or foodstuffs which, pending an examination or analysis, are suspected to he diseased, unsound, unwholesome or unfit for human consumption; |
| (nJ) |
relating to the manner in which any foodstuff which is found to be unwholesome, unsound, infected or contaminated and any diseased animals sold or intended to be sold for human consumption must be seized, destroyed, treated or disposed of; |
| (nK) |
regarding the contents of a warning and the manner in which such warning must be given to any person that sells, keeps or dispatches any foodstuff which has been found to be below the standard of composition, strength, purity or quality prescribed in terms of this Act; |
| (nL) |
pertaining to the requirements relating to the issue of an order that prohibits the sale or the keeping of foodstuffs; |
| (nM) |
pertaining to the requirements for an application for an order to close any premises where any foodstuff is sold or kept, after an analysis has found the foodstuff in question to be below the required standard of composition and where a warning, in writing, has been issued; |
| (nN) |
regarding the inspection of dairy cattle and animals intended for human consumption and of the premises where any foodstuff is handled, processed, manufactured, prepared, kept, packed, conveyed, displayed, sold or served; |
| (i) |
medical examination of a person employed in the food industry with that person’s consent for any notifiable medical condition contemplated in the National Health Act, 2003 (Act No. 61 of 2003), or any adverse health condition such as a suppurating abscess, sore, cut or abrasion which may pose a food safety risk; |
| (ii) |
method of protective covering of any adverse health condition contemplated in subparagraph (i) to exclude the risk of contamination to foodstuffs; |
| (iii) |
type of protective clothing to be worn by employees in the food industry; |
| (iv) |
standard of examinations, the persons who must carry out the examination and the frequency with which the examination must be carried out; |
| (nP) |
regarding the control, restriction or prohibition of the provision of water intended for food processing and originating from any specified source or the blending of such water originating from different specified sources; |
| (nQ) |
prescribing the requirements relating to purity, chemical composition and quality with which water must comply; |
| (nR) |
regarding the taking of samples of water and the analysis of such samples; |
| (nS) |
regarding the reporting of pollution or suspected pollution of water; |
| (nT) |
regarding the keeping of records in connection with water provision; |
| (nU) |
regarding the payment of fees for the taking of any sample, the examination or analysis of any sample taken or any inspection or medical examination performed in terms of this Act; |
| (o) |
with regard to any matter which in terms of this Act may be prescribed or otherwise dealt with by regulation, |
and, in general, with regard to any matter which the Minister considers necessary or expedient to prescribe or regulate in order to attain or further the objects of this Act, and the generality of this provision shall not be limited by the preceding paragraphs of this subsection.
| (1A) |
The records of any medical examination performed in terms of this Act must be kept confidential and may be made available only— |
| (a) |
in accordance with the ethics of medical practice; |
| (b) |
if required by law or court order; or |
| (c) |
if the employee referred to in paragraph (nO) has in writing consented to the release of that information. |
| (2) |
No regulation shall be made under subsection (1) (h) which will have the effect of prohibiting the sale of any foodstuff, cosmetic or disinfectant under a trade mark or trade name under which it is sold at the date of the coming into operation of this Act, save in such cases where the Minister is satisfied that the trade mark or trade name falsely or misleadingly describes the foodstuff, cosmetic or disinfectant. |
| (2A) |
Regulations made under subsection (1) (a) may prescribe for the composition, strength, purity or quality or any other attribute of any foodstuff, cosmetic or disinfectant or any ingredient or part thereof, any standard set out in any publication which in the opinion of the Minister is generally recognized as authoritative. |
| (3) |
Regulations made under subsection (1) (n) may for the analysis or examination of a sample prescribe any method set out in any publication which in the opinion of the Minister is generally recognized as authoritative. |
| (4) |
Any regulation may he expressed to apply only in such area as may be specified in it and different regulations may be made under subsection (1) in respect of different classes of premises, appliances and vehicles used for conveying any foodstuff and in respect of different categories of persons handling any foodstuff. |
| (5) |
The regulations may prescribe penalties for any contravention of or failure to comply with its provisions, not exceeding the penalties prescribed by section 18. |
| (6) |
The Minister shall, not less than three months before making any regulation under this Act, cause the text of the proposed regulation to be published in the Gazette together with a notice declaring his intention to make such a regulation and inviting interested persons to furnish him with any comments on, or representations they may wish to make in regard to, the proposed regulation. |
| (7) |
The provisions of subsection (6) shall not apply in respect of— |
| (a) |
a regulation which, after the provisions of that subsection have been complied with, has been amended by the Minister in consequence of comments or representations received by him in pursuance of the notice published in terms of that subsection; |
| (b) |
any regulation in respect of which the Minister is of the opinion that the public interest requires it to be made without delay. |
| (9) |
Regulations made under subsection (1) apply, to the extent to which they can be applied, in respect of the quality, ingredients, preparation, manufacture, packing, conveying and storing of any article of food prepared or manufactured in a private dwelling with the purpose of selling it to the public. |
Public Service Commission Act, 1997
