Transcription of REGULATIONS RELATING TO THE APPLICATION OF THE …
1 GOV ERNM ENT NOT IC E DEPA RT MENT OF HEA L TH No. R. 908 27 June 2003 FOODSTUFFS, COSMETICS AND DISINFECTANTS ACT, 1972 (ACT NO. 54 OF 1972) REGUL AT IONS REL AT ING T O T HE A PPL IC A TION OF T HE HA Z ARD A NA L YSIS A ND critical control POINT system ( haccp system ) The Minister of Health has, in terms of section 15(1) of the Foodstuf f s, Cosmetics and Disinf ectants Act, 1972 (Act No. 54 of 1972), made the REGULATIONS in the Schedule.
2 SCHEDULE Definitions 1. In these REGULATIONS , "the Act" means the Foodstuf f s, Cosmetics and Disinf ectants Act, 1972 (Act No. 54 of 1972) and any w ord or expression def ined in the Act and not def ined herein bears the same meaning as in the Act and unless the context otherw ise indicates- "Department" means the national Department of Health; " e xte rnal haccp auditing" means a process aimed at verif ying w hether or not a haccp system implemented by a f ood handling enterprise is in accordance w ith the requirements laid dow n by REGULATIONS 12 and 16 in relation to the handling of the f oodstuf fs under consideration and w hich must be carried out in accordance w ith the requirements of SANAS.
3 "food chain" means all the stages through w hich f ood is handled f rom primary production to processing, manuf acturing, distribution and retail, to the point of consumption; "food handler" means a person w ho in the course of his or her normal duties comes into contact w ith f ood not intended f or his or her ow n use; "food handling enterprise" means a business, as set out in column 2 of Annex A in these REGULATIONS , w hich during its operations produces, processes, manuf actures, stores, transports, distributes or sells f oodstuf f s or is engaged in any activity w hich may impact on the saf ety of such foodstuffs; "food safety" means the assurance that food will not caus e harm c hemic ally , biologically or physically, to the consumer w hen prepared, used or eaten according to its intended use.
4 "Good Manufacturing Practice (GMP)" means methods or manuf acture procedures applied taking into account the most basic principle of hygiene, that f ood must not be contaminated or spoilt during the manuf acturing process; " haccp system " means the hazard analysis and critical control point system that identif ies, evaluates and controls hazards w hich are signif icant f or f ood saf ety; " haccp plan" means a plan, in a document f orm, w hich outlines the control of hazards w hich are signif icant for f ood saf ety in a segment of the f ood chain under consideration; " haccp certification" means the issuing of documentary evidence by a certif ying body accredited to do so by the South Af rican National Accreditation system ("SANAS"), a nonprof it organisation registered in terms of section 21 of the Companies Act, 1973 (Act No.)
5 61 of 1973), registration No. 199600354108 based on the results of an external haccp auditing, or in the case of imported f oodstuf f s, a certifying body accredited for the purpose by an internationally recorgnised accreditation authority; "re pre se ntative body" means a group of persons or an organisation mandated to represent persons in a specif ic sector or specific f ood handling enterprise responsible f or handling 60% or more of the f oodstuf f (s) under consideration; and "sector" means a classif ication of the f ood industry in South Af rica in categories, as set out in column 1 of Annex A in these REGULATIONS , based on the f oodstuf f s handled and the f ood handling enterprises normally associated w ith that w ithin the f ood chain.
6 haccp system : requirem ents 2. No ow ner of a f ood handling enterprise as specif ied in column 2 of Annex A is allow ed to handle food w ithout- (a) a haccp system f ully implemented to the satisf action of the relevant authorised health authority in relation to the f oodstuf f s under consideration, on or af ter the date specif ied in column 3 of Annex B as applicable to such a f ood handling enterprise; and (b) a valid certif icate referred to in regulation 14. 3. The Minister may by notice in the Gazette list the name of a sector as specif ied in column 1 of Annex A regarding a specif ic category of f ood handling enterprise as specif ied in column 2 of the same Annex; in column 2 of Annex B; in w hich case the requirements in terms of regulation 2 shall come into ef f ect on the date as specified in column 3 of the same Annex.
7 4. The listing referred to in regulation 3 shall be made only after- (a) considering a request made by a representative body of a specif ic sector, including that of a specific category of f ood handling enterprise, to be listed in column 2 of Annex B on a specif ied date to be listed in column 3 of the same Annex; or (b) consultation w ith the representative body considering a recommendation made by the Director-General to list such a sector regarding a specif ic category f ood handling enterprise in column 2 of Annex B on a date specif ied in column 3 of the same Annex.
8 5. A request ref erred to in regulation 4 (a) shall be in w riting and only if such sector or specif ic category of f ood handling enterprise is of the opinion that it is in a position to comply w ith the restrictions specif ied in regulation 2. 6. A recommendation ref erred to in regulation 4 (b) may only be made if the Director-General is of the opinion that it is in the interest of the saf ety of f ood handled by a specif ic sector or category of f ood handling enterprise, and also the health of the consumer, that such a sector or food handling enterprise must comply w ith the requirements specif ied in Regulation 2.
9 7. The ow ner of a f ood handling enterprise listed in Annex B is responsible f or ensuring that- (a) prior to the implementation of a haccp system as required in terms of regulation 2, the enterprise already operates in accordance w ith good manuf acturing practices and that it complies w ith all the relevant health and saf ety legislation applicable to the foodstuff and f ood handling operation under consideration; and (b) f oodstuf f s received f rom a producer or supplier f or f urther handling by the f ood handling enterprise in question comply w ith all the requirements f or saf ety applicable to the f oodstuf f s under consideration.
10 8. The ow ner of a f ood handling enterprise, w hen implementing a haccp system must ensure that the system is in accordance with the principles as provided for by the Joint Food and Agricultural Organization / World Health Organization ("FAO / WHO") Food Standards Programme Codex Alimentarius Commission's general requirements (f ood hygiene), entitled: "Hazard Analysis and critical control Point ( haccp ) system and Guidelines for its APPLICATION ", published in the Supplement to Volume 113-1997 document of the Commission; as updated f rom time to time (see Annex C).