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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

4. Prohibition on the handling and transportation of food

 

(1) No person shall handle food in a manner contrary to the provisions of these Regulations.

 

(2) If an inspector following an inspection of food premises or a facility is of the opinion—
(a) that such food premises or facility—
(i) are or is in such a condition or used in such a manner; or
(ii) do or does not comply with these Regulations to the extent;
(b) that a particular activity with regard to the handling of food takes place in such a manner; or
(c) that such circumstances exist with regard to the food premises or facility or any other activity, that they or it constitute a health hazard and that the continued use of the food premises or facility or the activity should be prohibited, the local authority may summarily prohibit the use of the food premises or facility for the handling of food or any of the activities that relate to the handling of food, by issuing a written prohibition order on a form that is substantially the same as the form in Annexure C of these Regulations to the person in charge or, if he or she is not available, his or her representative informing such person of the prohibition.

 

(3)
(a) A prohibition shall come into operation from the time at and the date on which a prohibition order is served under Subregulation (2).
(b) Any person shall be guilty of an offence if performing any act that is contrary to such prohibition.

 

(4) An inspector shall, within 72 working hours of receiving a written request for the removal of a prohibition order, carry out an investigation of the food premises, facility, activity or circumstance which gave rise to the prohibition and the local authority shall upon completion of such investigation in writing inform the person on whom the prohibition order was served or, if he or she is not available, any other person representing such person that the prohibition has been removed or remains, as the case may be.