In the food business or you keen to start your very own food business? I can help you… it’s what I love to do – to help people who have a passion for good, safe food!
Did you know, in South Africa, it’s illegal to trade as a business in the Food sector without complying to specific and important food regulations. Basically you need a license, aka COA (Certificate Of Acceptability), from your local Governmental Health department in order to ensure you offer consumers safe food that is made in a food-grade, hygienic environment.
Penalties in the form of fines, jail time and business closure, with the confiscation of goods and equipment, can be avoided through complying to the basic regulations and thereby ensuring the safe and ethical supply of food products to paying consumer.
There are Basic Regulations for food supply and food production in South Africa. There are also product specific Regulations and depending on your product type, specific Regulations may apply.
Below are some basic Regulations that are currently legislated and governed by regional local municipalities for the safe production of food products and fair business practicing and marketing of goods for sale to consumers.
1. Food Safety & Hygiene standard for Food production facility/premises
R638 Food Stuffs, Cosmetics and Disinfectants Act, 1972 (Act 54 of 1972)
(Released 22 June 2018) Replaced R962.
Regulations governing general Hygiene requirements for food premises and the transport of food and related matters. Gazetted.
2. Labelling & Advertising of Food
R3337 – Regulation relating to the Labelling and Advertising of Foodstuffs has been published – replacing the R3320 of 21 April 2023. R3320 is currently the SIGNED Regulation Relating to the Labelling and Advertising of Foodstuffs, while R3337 is published for Public comment and not yet signed.
Regulations relating to the Labelling and Advertising of Food Stuffs in South Africa.
NB NOTE: R3337 Labelling Regulation is the latest Regulation and is currently open for public comment. R3337 – the latest version of the Labelling Regulation replacing R2986, R3287, R3320 – yes, it has changed again! From 21 April 2023, the Department of Health released Regulation 3337 – the latest Regulation relating to the Labelling and Advertising of Foodstuffs, open for Public comment. Deadline for comments: 21 July 2023.
(This has replaced R429 Food Stuffs, Cosmetics and Disinfectants Act, 1972 (Act 54 of 1972) released 29 May 2014, which replaced R146 released 10 March 2010)
Act No. 9 of 2014: Legal Metrology Act, 2014*
To provide for the administration and maintenance of legal metrology technical regulations in order to promote fair trade and to protect public health and safety and the environment; and to provide for matters connected therewith.
* When packing by volume or mass – this Act is about ensuring that scales are purchased from legitimate service providers who do regular calibrations/maintenance services.
3. Company Act information for registering a company
No. 71 of 2008: Company Act, 2008
To provide for the incorporation, registration, organisation and management of companies within South Africa.
4. Consumer Protection Act
No.68 of 2008: Consumer Protection Act, 2008
To promote a fair, accessible and sustainable marketplace for consumer products and services and for that purpose to establish national norms and standards relating to consumer protection, to provide for improved standards of consumer information, to prohibit certain unfair marketing and business practices, to promote responsible consumer behaviour, to promote a consistent legislative and enforcement framework relating to consumer transactions and agreements.
There are updated version of the various acts available to purchase/view at a cost at www.acts.co.za or free at http://www.gpwonline.co.za or visit http://www.foodfocus.co.za for updates.
Note: Food Focus is an excellent resource channel for South African Food producers. Interesting articles and updates on all food regulations and food safety related matters can be found on their website – http://www.foodfocus.co.za