Non-Tariff Barriers

Non-Tariff Measure

NTM classification

A64: Storage and transport conditions 

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

Prohibition on the handling and transportation of food
4.(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 serving a written notice in terms of section 52 of the Act on the person in charge or, if he or she is not available, his or her representative informing such person of the prohibition.
(3) A notice referred to in sub regulation (2) shall contain at least the following particulars:
(a)The reason(s) for the prohibition;
(b) a statement that the prohibition will in writing be removed by a local authority as soon as the reason(s) for the prohibition has (have) been removed and provided the inspector is satisfied that the reason(s) for the prohibition is (are) not likely to recur.
(4)(a)A prohibition shall come into operation from the time at and the date on which a notice is served under sub regulation (2).
(b) No person shall perform any act that is contrary to such prohibition.
(5) An inspector shall, within 72 working days hours of receiving a request for the removal of a prohibition, 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 notice 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.
(6)A local authority may levy an inspection fee equivalent to the expenses incurred by the local authority for carry ingot the inspection on the person in charge for each investigation carried out by an inspector in terms of sub regulation (5).
standards and requirements for the transport of food
13. (1)No person shall transport food including the products referred to in regulation 14 on or in any part of a vehicle -
(a) unless that part is clean and has been cleaned to such an extent that chemical, physical or microbiological contamination of the food is prevented;
(b) together with -
(i) contaminated food or waste food;
(ii) poison or any harmful substance;
(iii) a live animal; or
(iv) any object that may contaminate or spoil the food.
(2) Subject to sub regulations (1) and (4), the freight compartment of a vehicle that is used for the transportation of food that is not packed or wrapped in liquid proof and dustproof sealed containers -
(a) shall have an interior surface made of an easy -to-clean and smooth,
rust-free, non-toxic and non-absorbent material without open joints or seams and, before food is loaded into such freight compartment, no square centimeter of the said surface shall upon analysis as referred to in
regulation 6(4) contain more than 100 viable micro-organisms;
(b) shall be dustproof;
(c) shall not be used simultaneously for the transport of any person or any other item that may contaminate the food.
(3) Notwithstanding any provisions to the contrary contained in this regulation, no non-p repacked food shall be -
(a) transported in such a manner that it comes into contact with the floor of a vehicle or the floor covering thereof or a surface thereof that can be walked on or with anything else that could pollute the food; or
(b) transported or carried in such a manner that the food could be spoiled or contaminated in any way.
(4) Sub regulations (2) and (3) (a) shall not apply to the transport of venison, fish, molluscs or crustaceans between the food premises and the place where the animals are hunted or the place where the fish, molluscs or crustaceans are caught or harvested: Provided that such transport shall be by the best available method and within a suitable time limit for transport as required by circumstances.
(5) No person shall transport food in bulk and semi-packed food in contravention of the provisions of the Codex Code of Hygienic Practice for the Transport of Food in Bulk and Semi-Packed Food (CAC.RCP 47-2001).
Provisions concerning unprocessed products
14. Notwithstanding any provisions to the contrary contained in these regulations, an
inspector shall, if he or she is of the opinion that conditions prevail that constitute a health hazard with regard to the packing, storage, display, sale or transport of fresh, raw and unprocessed fruit and vegetables and unprocessed maize, wheat, rye, unshelled peanuts, sugar cane, sunflower seed or other unprocessed agricultural crops, or with regard to the handling of food referred to in regulation 15(5)(a) -
(a) subject to regulations made in terms of section 35 of the Act relating to inspections and investigations in respect of the handling of food, order that any condition that led to or could lead to such or any other health hazard be corrected or that any provision of these regulations be complied with; or
(b) prohibit the continued use of the facility or food premises for the packing, storage, display, sale or transport of any of the said products, and the provisions of regulation 4(2) to (5) shall mutatis mutandis apply to such
prohibition.
14A. No person shall handle bottled/packaged drinking water (other than natural mineral water) in contravention of the provisions of the Codex Code of Hygienic Practice for Bottled/Packaged Drinking Waters (Other than Natural Mineral Waters) (CAC/RCP 48-
2001) 

Reference of the measure

Section 4 (1&2)& Section 13-14A 

Measure also domestic

Yes 

Products affected by the measure.

Description

Food 

Countries/Regions affected by the measure.

Description

All countries