THE ROLES AND RESPONSIBILITIES OF DAFF, DOH AND THE DTI ( NCC, NRCS) ON FOOD SAFETY REGULATION

Acronyms DAFF: Departments of Agriculture, Forestry and Fisheries the dti: Department of Trade and Industry NRCS: National Regulator for Compulsory Specifications NCC: National Consumer Commission DoH: Department of Health AGOA: African Growth and Opportunity Act IDFSCC: Inter-Departmental Food Safety Coordinating Committee ARC: Agricultural Research Council OVI: Onderstepoort Veterinary Institute DNA: Deoxyribonucleic Acid IMI: independent meat inspection. MTEF: Medium Term Expenditure Framework SPS: Sanitary and PhytoSanitary SAMPA: South African Meat Processors Association CGCSA: Consumer Goods Council of South Africa SANCU: South African National Consumer Union SAHPRA: South African Heath Products Regulatory Authority. 2

FOOD CONTROL (WHO): “A mandatory regulatory activity of enforcement by national, provincial or local authorities to provide consumer protection and ensure that all foods during production, handling, storage, processing and distribution are safe, wholesome and fit for human consumption; conform to quality and safety requirements; and are honestly and accurately labelled as prescribed by law”

FOOD SAFETY (WHO): “ Assurance that food will not cause harm to the consumer when it is prepared and/or eaten according to its intended use”

SAFE FOOD FOR ALL SHARED RESPONSIBILITY FOOD LEGISLATION & LAW ENFORCEMENT EDUCATED AND KNOW- LEDGEABLE PUBLIC GMP’S BY PRIMARY PRODUCERS/DISTRIB. QA & CONTROL OF PROCESSED FOOD INFORMATIVE LABEL- LING & CONSUMER EDUC. APPROPRIATE PROCESSES AND TECHNOLOGY TRAINED MANAGERS & FOOD HANDLERS INDUSTRY/TRADE NATIONAL COMMITMENT TO FOOD SAFETY WHO LEADERSHIP FOR INTERNATIONAL CONSENSUS ON FOOD SAFETY ISSUES, POLICY & ACTIONS DISCRIMINATING & SELECTIVE CONSUMERS SAFE FOOD PRACTICES IN THE HOME COMMUNITY PARTICIPATION ACTIVE CONSUMER GROUPS ADVICE FOR INDUSTRY/TRADE CONSUMER EDUCATION INFO GATHERING & RESEARCH PROVIDING HEALTH- RELATED SERVICES CONSUMERSGOVERNMENT

Food Control Management Information, Education & Awareness Official Food Control Laboratories Food Inspection Food Legislation Components of a Food Control System

South African Food Control System DAFF Export of agricultural products Registration of pesticides & stock remedies Meat Hygiene, Import & Export of fresh meat etc SPS Enquiry Point DTI NCC and NRCS Canned and frozen fish/products Fresh seafood Canned meat products (>10%) Imports & Certification of exports TBT Enquiry Point (SABS) DoH Import, Manufacture, Sale & Export (“Processed Products”) “Food Safety Regs” Nutritional Labelling CODEX Contact Point INFOSAN Emergency Contact Point RASFF Contact Point PPECB Provinces Provinces & Municipalities

DEPARTMENT OF HEALTH (DOH) Foodstuffs Cosmetics and Disinfectants Act, (Act 54 of 1972) & Health Act, (Act 63 of 2003) regulations Makes provision for the manufacture, sale importation and exportation of foodstuffs Administered mainly by the Directorate: Food Control at national level Enforcement by 52 metro/district municipalities Control of imported foodstuffs by 9 provinces

FOOD CONTROL: INTERACTION WITH OTHER PROGRAMMES WITHIN HEALTH FOOD CONTROL Environmental Health Medicine Control Nutrition Communicable Disease Control

WHY DO WE NEED FOOD SAFETY LEGISLATION.? FCD Act?? Pesticides and Veterinary Residues Contaminants HACCP Labelling and Advertising Food Additives Hygiene and related matters (Microbiological ) Prohibited substances Fortification and other Regulatory Nutrition matters

12 SCOPE OF MUNICIPAL HEALTH SERVICES (MHS) SCOPE OF MUNICIPAL HEALTH SERVICES (MHS) Also refer to as Environmental Health Services and rendered by Environmental Health Practitioners (EHP’s), previously called Health Inspectors Water Quality Monitoring Food Control Waste Management Health Surveillance of premises Surveillance and prevention of communicable diseases, excluding immunisations Vector Control Environmental Pollution Control Disposal of the Dead, and Chemical Safety (excluding Port Health and Hazardous Substances)

MUNICIPALITIES: Metropolitan = 8 District = 44

SOUTH AFRICAN BORDERS

AGRICULTURE’S FOOD CONTROL LEGISLATION: DEPARTMENT OF AGRICULTURE, FORESTRY & FISHERIES (DAFF) Relevant directorates within DAFF: Agricultural Production Health and Food Safety branch Fisheries branch Fertilizer, Farm Feed, Agricultural Remedies and Stock remedies Act, 1947( Act 36 of 1947) Registration Agricultural Products Standards Act, (Act 119 of 1990) (quality/TBT & food safety standards for local/exports of food of plant origin) Meat Safety Act, (Act 40 of 2000) (abattoirs and import/export of fresh/chilled/frozen meat) Animal Diseases Act, (Act 35 of 1984) (permit required for import of meat/meat products) Plant Health Act, (Act 35 of 1984) (phyto-sanitary requirements)

AGRICULTURE’S FOOD CONTROL LEGISLATION: DEPARTMENT OF AGRICULTURE, FORESTRY & FISHERIES (DAFF) Animal Health Act, (Act 35 of 1984) (permit required for import of meat/meat products) Plant Health Act, (Act 36 of 1983) (phyto-sanitary requirements) Marine Living Resources Act, (Act 18 of 1998) - DAFF (permits for marine fishery products) Enforcement: National and/or Provinces involved in enforcement Perishable Products Export Control Board (PPECB) appointed as assignee to conduct inspections of perishable products of plant origin exported from South Africa)

FOOD SAFETY: INTERACTION WITHIN BRANCH: AGRICULTURAL PRODUCTION, HEALTH AND FOOD SAFETY FOOD SAFETY Agriculture Inputs Contro l Plant Health Inspection Services Plant Production Foods Import and Exp ort Genetic Resources Animal Health Animal Production Veterinary Public Health

National Consumer Commission (NCC) is established in terms of section 85 of the Consumer Protection Act No. 68 of 2008 The NRCS is mainly responsible for the administration of the National Regulator for Compulsory Specifications Act, 2008 (Act No. 5 of 2008) for Food and Associated Industries - responsible for fishery products and canned meat; and Legal Metrology Act (Act No. 9 of 2014)- Calibration of measuring instruments, weights, measures and gaming equipment The Foodstuffs, Cosmetics and Disinfectants Act (Act 54 of 1972) LEGISLATION: DEPARTMENT OF Trade and Industry

THE NATIONAL CONSUMER COMMISSION National Consumer Commission (NCC) is established in terms of section 85 of the Consumer Protection Act No. 68 of 2008 The National Consumer Commission It is the primary body responsible to ensure consumer protection in SA The CPA is an overarching piece of legislation that cuts across all industries

CPA POLICY PRINCIPLES Consumer Safety: Quality, reliable goods and services that are safe for consumer health and life as well as for the environment. Market Integrity and Transparency: The removal of unethical or unscrupulous conduct from the marketplace, better and simple disclosure of information. Competitiveness: Improved and simple disclosure and curbing of practices that limit consumer choice. Economic Sustainability: Efficiency in the provision and consumption of goods and services. Business Innovation: Meeting consumer demand and service excellence.

CPA POLICY PRINCIPLES The Act was enacted in order to:  promote and protect the economic interests of consumers;  improve access to, and the quality of information that is necessary so that consumers are able to make informed choices according to their individual wishes and needs;  protect consumers from hazards to their well being and safety;  develop effective means of redress for consumers;

NCC MANDATE Enforces the CPA by: Monitoring the consumer market to ensure that prohibited conduct and offences are prevented, or detected and prosecuted; Monitoring the effectiveness of … service delivery to consumers by organs of state, and any regulatory authority exercising jurisdiction over consumer matters within a particular industry or sector; Investigating and evaluating alleged prohibited conduct and offences;

CONSUMER RIGHTS S 55: Right to fair value, good quality and safety Safe, good quality goods  are reasonably suitable for the purposes for which they are generally intended;  are of good quality and free of any defects;  will be useable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply; and  comply with any applicable standards set under the Standards Act, 1993 (Act No. 29 of 1993), or any other public regulation.

CONSUMER RIGHTS Sec 22: Right to information in plain and understandable language (to understand the content, significance and importance of the notice, document or visual representation without undue effort), Sec 24: Product labelling and trade descriptions –Red meat –Notice R380of 2013

INVSTIGATION /INSPECTIONS BY THE NCC Investigations/Inspections that the NCC undertook relating to Food labelling include: Meat industry, covering poultry and red meat On gong inspections in partnership with NRCS, and Municipal Environmental Health Practitioners

FOOD SAFETY: INTERACTION WITHIN TECHNICAL INFRASTRUCTURE NRCS FOOD and ASSOCIATED INDUSTRIES NRCS SABS SANAS National Metrology South African National Accreditation System

NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS (NRCS) Industry SectorProduct regulated / Service rendered AutomotiveVehicles, Replacements components, Manufactures Importers and Builders Chemicals, Materials and Mechanicals Cement, chemicals, detergents, Personal protective equipment, safety shoes, building materials, treated timber, plastic bags, solar water heaters, plumbing equipment Electro- technical Electrical appliances and products, Electronic appliances and products Food and Associated Fishery products, canned meat and canned meat Legal MetrologyCalibration of measuring instruments, weights, measures and gaming equipment Building Regulations Ensure uniform interpretation of NBR Act and administer review Board

Process flow Request for regulation Development of TR Pre- market approval Inspection SamplingTestingSanction Enforcement of regulations In-house Technical Specialist. Industry Participation. ( Risk and Impact assessment ) NRCS Act prescribes referencing the SABS Standard if available Admin Process. LOA & Sales Permit. Proof of Compliance In-house Inspectors. Automotive Chemicals & Materials Electro- technical Food and Associated Industries Random On request Accredited testing facilities CEO directive

Development of compulsory Specifications Enforcement various compulsory specifications and the relevant provisions of FCD Act 54 of 1972 for canned meat & frozen/canned fish and fishery products and canned meat Processing, imports, exports is recognized by the European Union (EU)and certain other countries as the competent authority for certifying exports of fish and fishery products To co-ordinate the activities in terms of food safety for fish and fishery products, NRCS has a MOU with DAFF- Fisheries.

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