Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972RegulationsRegulations Governing General Hygiene Requirements for Food Premises and the Transport of Food3. Certificate of acceptability (CoA) |
| (1) | Subject to the provisions of Subregulation (11) and Regulation 14(4), 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; provided that this shall also apply to a vehicle used for the transport of food on behalf of a person in charge of another food premises; |
| (b) | in contravention of any restriction or condition or stipulation contained in such certificate of acceptability. |
| (2) | The person in charge of any food premises wishing to obtain a certificate of acceptability in respect of such food premises shall apply therefore 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 shall without delay refer the application to an inspector for consideration. |
| (4) | An inspector may, in considering such an application, request such further information as may deem necessary or expedient from the applicant or from any other person. |
| (5) | 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— |
| (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; provided that the issuance of such certificate does not constitute an approval for the applicant to conduct business on the premises concerned in the absence of compliance to all other relevant requirements of the authority or legislation concerned; 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 Subregulation (1) shall not apply to the person concerned. |
| (6) | In respect of a premises for which a Certificate of Acceptability (CoA) has been issued in terms of Subregulation 3(5), no person shall effect any changes as it relates 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 (CoA) 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 copy 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 (CoA)— |
| (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— |
| (i) | in point D of the application for a Certificate of Acceptability; and |
| (ii) | in point D 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) | 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); and |
| (f) | shall expire permanently if the provisions of Subregulation (8) and (9)(b) are not complied with. |
| (10) | No person may make any unauthorised changes or additions to or forge a Certificate of Acceptability. |
| (11) | The provisions of Subregulation (1), shall: |
| (a) | subject to the provisions of Subregulation 3(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 shall be deemed a Certificate of Acceptability issued in terms of these Regulations; |
| (b) | apply to all food premises, including those on government premises, the first day following a period of one year, after the date of promulgation of these Regulations. |