Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972)RegulationsRegulations Governing General Hygiene Requirements for Food Premises, the Transport of Food and Related Matters3. Certificate of acceptability |
| (1) | Subject to subregulation (11) and regulation 14(4) and (5), a person may not 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 and this also applies to an outsourced vehicle used for the transport of perishable food on behalf of a person in charge of a food premises; |
| (b) | in contravention of a restriction, condition or stipulation contained in a certificate of acceptability. |
| (2) | A person in charge of food premises wishing to obtain a certificate of acceptability in respect of the food premises must apply 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. |
| (3) | Upon receipt of an application referred to in subregulation (2), the local authority must, without delay, refer the application to an inspector for consideration. |
| (4) | An inspector may, in considering an application, request such further information, as may be considered necessary or expedient, from the applicant or from any other person. |
| (5) |
| (a) | 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 14— |
| (i) | do, in all respects, comply with the provisions of regulations 5 and 6, the inspector must recommend to a local authority to 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 to these Regulations; |
| (ii) | 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 to change or equip the food premises so that the premises comply with the provisions in question. |
| (b) | The provisions of subregulation (1) do not apply to the person in charge during the period of extension granted in terms of paragraph (a)(ii). |
| (c) | The issuance of a certificate of acceptability does not constitute an approval for the applicant to conduct business on the premises concerned without complying with all other relevant requirements of the local authority or the applicable legislation. |
| (d) | The local authority may on the strength of the recommendations made by an inspector, issue the certificate of acceptability. |
| (6) | A person may not effect changes in respect of food premises for which a certificate of acceptability has been issued in terms of subregulation (5), relating to the provisions of regulations 5 and 6, without informing the local authority in advance and in writing of such changes. |
| (7) | A certificate of acceptability must be displayed in a conspicuous place on the food premises in respect of which it was issued for the information of the public or where the display of the certificate is impractical, a copy of the certificate must immediately be made available, on request. |
| (8) | If the person in charge of food premises is replaced by another person, the person in charge must inform the local authority, in writing, of the replacement within 30 days after the date of the replacement and the local authority must, 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) | is not transferable from one person to another person and from one food premises to another food premises; |
| (b) | is valid in respect of the nature of handling set out— |
| (i) | in section E of the application for a certificate of acceptability; and |
| (ii) | in section E of the 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) | may expire temporarily for the period during which a prohibition order issued under regulation 4(2) is in effect; |
| (e) | expires permanently if a prohibition order referred to in regulation 4(2) is not removed within a stipulated period, which period may not exceed six months from the date on which the prohibition order was issued; and |
| (f) | expires permanently if the provisions of subregulation (8) and paragraph (b) are not complied with. |
| (10) | A person may not make unauthorized changes or additions to, or forge a certificate of acceptability. |
| (11) |
| (a) | Subject to the provisions of subregulations (8) and (9), a certificate of acceptability issued prior to the commencement of these Regulations in terms of the Regulations published in Government Notice No. R. 918 of 30 July 1999 and Government Notice No. R. 962 of 23 November 2012, is considered to be a certificate of acceptability issued in terms of these Regulations. |
| (b) | Despite subregulation (11)(a), subregulation (1) applies to all food premises, including those on government premises, from the first day following a period of one year, after the date of promulgation of these Regulations. |