Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972RegulationsRegulations Governing General Hygiene Requirements for Food Premises and the Transport of Food14. Exemptions, additional requirements and reservations |
| (1) | A person in charge of food premises may, subject to Regulation 3(1)(a), apply to the local authority concerned for exemption from any of the provisions of these , excluding exemption from the issuing of a certificate of acceptability. |
| (2) | Upon receipt of an application referred to in Subregulation (1) a local authority shall refer the application to an inspector without delay, and exemption shall not be granted unless the inspector has submitted a report to the local authority to the effect that he or she is satisfied that— |
| (a) | the provision from which exemption is requested imposes unreasonable requirements in the case in question; and |
| (b) | the granting of such exemption does not or will not result in conditions that constitute a health hazard. |
| (3) | An exemption referred to in this Regulation— |
| (a) | shall be subject to the conditions listed by the local authority in the certificate of acceptability or notice of exemption, as the case may be; and |
| (b) | shall be withdrawn by the local authority on the grounds of an inspection report and a recommendation by an inspector to the effect that he or she is of the opinion that such exemption will result in conditions that constitute a health hazard. |
| (4) | Subject to Regulation 3(5)(a), a local authority may, on the grounds of an inspection report and recommendations from an inspector, set additional requirements to be met on any food premises where, despite compliance with any provision contained in these Regulations, a health hazard exists which is not provided for in these , which additional requirements shall, subject to the principles of the best available method and good manufacturing practice, be limited to the minimum necessary to remove the health hazard in question. |
| (5) | The provisions of Regulation 3(1) and Regulation 5 shall not apply to the killing, bleeding or evisceration of an animal after the hunting thereof or of fish, molluscs or crustaceans after the catching or harvesting thereof and the packing, storage, display, sale or transport of unprocessed agricultural crops, provided that— |
| (a) | the principles of best available method and good agricultural and manufacturing practice shall apply; |
| (b) | the provisions of other applicable legislation where relevant shall apply; |
| (c) | unprocessed agricultural crops are not offered for sale at local authority markets; |
| (d) | an inspector shall, in the event that conditions prevail that constitute a health hazard— |
| (i) | subject to Regulations made in terms of Section 15 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 |
| (ii) | prohibit the continued use of the food premises for the packing, storage, display, sale or transport of any of the aforementioned food, and the provisions of Regulations 4(2) to (4) shall mutatis mutandis apply to such prohibition. |
| (6) | The provisions of Regulation 3(1) shall not apply to— |
| (a) | any vehicle used by the person in charge of a food premises, for which a certificate of acceptability exists, to transport, display or serve prepacked food deriving from such food premises; |
| (b) | a private residence where food is handled for the purpose of making it available without compensation to a church, educational or amateur sports organisation or any registered welfare or fund-raising organisation for sale: Provided that the person in charge of any such organisation who receives such food shall keep a record of the type of food and the address of the private residence where the food was handled for a period of at least 30 days after receipt of the food; and |
| (7) | These Regulations shall not apply to a private household which handles food for consumption by such household or, without compensation, by any other person. |