Non-Tariff Barriers

Non-Tariff Measure

NTM classification

A83: Certification requirement 

Date when the measure came into force

08 August 2003 

Publication where the measure is specified

Published under Government Notice No. R.918 of 30 July 1999 As corrected by: Government Notice No. R. 723 of 12 July 2002 As amended by: Government Notice No. R.1125 of 8 August 2003 

Regulation where the measure is specified

REGULATIONS GOVERNING GENERAL HYGIENE REQUIREMENTS FOR FOOD PREMIS ES AND THE TRANS PORT OF FOOD: The Health Act, 1977 (Act No. 63 of 1977) 

Country/Region applying the measure

South Africa 

Coded list of objectives

A: Protection of human life and health 

Description of the measure

Certificate of acceptability
3. (1) Subject to the provisions of sub regulation (2) and regulation 15(5), no person shall handle food or permit food to be handled -
(a) on food premises in respect of which a valid certificate of acceptability has not been issued or is not in force
(b) in contravention of any restriction or condition or stipulation contained in such certificate of acceptability.
(2) The provisions of sub regulation (1) shall come into effect in the case of food
premises existing at the time of publication of these regulations on the first day following a period of one year after the date of promulgation of these regulations.
(3) The person in charge of any food premises wishing to obtain a certificate of acceptability in respect of such food premises shall apply therefor in writing to the local authority in whose area of jurisdiction the food premises are situated on a form containing at least the particulars that are substantially the same as those contained in the form in Annexure A to these regulations.
(4) Upon receipt of an application referred to in sub regulation (3), the local authority shall without delay refer the application to an inspector for consideration.
(5) An inspector may, in considering such an application, request such further information as he or she may deem necessary or expedient from the applicant or from any other person.
(6) If an inspector, after having carried out an inspection, is satisfied that the food premises concerned, having due regard to existing conditions of the adjacent land and facilities, subject to the provisions of regulations 4(2) and 15 –
(a) do in all respects comply with the provisions of regulations 5 and 6, a local authority shall issue a certificate of acceptability in the name of the person in charge on a form that is substantially the same as the form in Annexure B of these regulations; or
(b) do not in all respects comply with the provisions of regulations 5 and 6, a
local authority may, subject to the provisions of regulation 4(2), grant an extension for a maximum of six months to enable the person in charge so to change or equip the food premises that they comply with the provisions in question: Provided that during the said period of extension the provisions of sub regulation (1) shall not apply to the person concerned.
(7) A certificate of acceptability shall be displayed in a conspicuous place for the information of the public on the food premises in respect of which it was issued or a cop y thereof shall immediately be made available on request where the display thereof is impractical.
(8) If the person in charge of food premises is replaced by another person, such person shall inform the local authority in writing of such replacement within 30 days after the date thereof and the local authority shall subject to the provisions of regulation 4(2), issue a new certificate of acceptability in the name of the new person in charge.
(9) A certificate of acceptability –
(a) shall not be transferable from one person to another person and from one food premises to another food premises;
(b) shall be valid only in respect of the nature of handling set out in the application for a certificate of acceptability;
(c) may at any time be endorsed by a local authority by –
(i) the addition of any further restriction that may be necessary to prevent a health hazard; and
(ii) the removal of any restriction with regard to the category or type of food or the method of handling;
(d) shall expire temporarily for the period during which a prohibition under regulation 4(2) is in effect
(e) shall expire permanently if a prohibition referred to in regulation 4(2) is not removed within a stipulated period which shall not exceed six
months from the date on which a notice was issued in terms of regulation 4(2);
(f) shall expire permanently if the provisions of sub regulation (8) are not comp lied with.
(10) No person may make any unauthorized changes or additions to or forge a certificate of acceptability. 

Reference of the measure

Section 3(1-10) 

Measure also domestic

Yes 

Products affected by the measure.

Description

Food 

Countries/Regions affected by the measure.

Description

All countries