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

Regulations

Regulations Governing General Hygiene Requirements for Food Premises and the Transport of Food

10. Duties of a person in charge of food premises

 

A person in charge of food premises shall ensure that—

(a)

(i) he or she is suitably qualified or otherwise adequately trained in the principles and practices of food safety and hygiene, as appropriate: Provided that such training is accredited and conducted in accordance with the relevant SETA/SAQA requirements;
(ii) any other person working on the food premises, is suitably qualified or adequately trained in the principles and practices of food safety and hygiene, as appropriate, by an inspector or any other suitable person;
(iii) routine assessments are conducted to determine the impact of the training required under Regulation 9(a)(ii) and arrange follow up training as applicable;
(iv) training programmes and records shall be kept and routinely updated, as applicable, and made available to an inspector on request;
(b) the provisions of these Regulations are complied with;
(c) effective measures are taken to eliminate flies, other insects, rodents or vermin on the food premises;
(d) refuse is removed from the food premises or from any room or area in which food is handled as often as is necessary and whenever an inspector requires it to be done;
(e) refuse is stored or disposed of in such a manner that it does not create a nuisance;
(f) refuse bins are—
(i) cleaned regularly; and
(ii) disinfected whenever necessary and whenever an inspector requires it to be done;
(g) waste water on the food premises is disposed of to the satisfaction of the relevant local authority;
(h) the food premises and any land used in connection with the handling of food and all facilities, freight compartments of vehicles and containers are kept clean and free from any unnecessary materials, goods or items that do not form an integral part of the operation and that have a negative effect on the general hygiene of the food premises;
(i) no person handling non-prepacked food wears any jewellery or adornment that may come into contact with the food, unless it is suitably covered;
(j) no animal, subject to the provisions of any law, is kept or permitted in any room or area where food is handled, except that
(i) a guide dog accompanying a blind person and or a person with any other disability may be permitted in the sales or serving area of the food premises;
(ii) fish, molluscs or crustaceans may be kept alive until prepared for consumption;
(k) no condition, act or omission that may contaminate any food arises or is performed or permitted on the food premises;
(I) all persons under his or her control who handle food at all times meet the standards and requirements and execute the duties prescribed by Regulations 9 and 11, respectively;
(m) a room or area in which food is handled shall not be used for—
(i) sleeping purposes;
(ii) washing, cleaning or ironing of clothing or similar laundry;
(iii) any other purpose or in any manner that may contaminate the food therein or thereon;
(n) no food handler touches ready-to-consume non-prepacked food with his or her bare hands, unless it is unavoidable for preparation purposes, in which case such food shall be handled in accordance with good manufacturing practice;
(o) the reporting of diseases and conditions contemplated in Regulation 11(2)(b) are properly recorded and kept for perusal by an inspector;
(p) notwithstanding Subregulations 10(a) and 10(o) and subject to Subregulation10(b) and the best available method, must demonstrate compliance to these Regulations through appropriate records; Provided that records applicable to processing, production and distribution should be kept and retained for a period that exceeds the shelf-life of the product/s;
(q) any foodstuff manufactured, kept or sold from the premises contemplated in Regulation 3(1) complies in all respects to the provisions of the Act and the Regulations promulgated there under, including the labeling thereof.
(r) notwithstanding the provisions of Subregulation 10(q), a traceability system is maintained according to the best available method; a recall procedure is in place and any incident requiring recall activation is reported to the local Environmnetal Health Practittioner and the National Directorate: Food Control.