Cold Link Africa October 2021 | Page 31

Plans to create a food safety regulatory authority would benefit both consumers and the food and beverage industry , by reducing costs of compliance and strengthening confidence in food products .
INCORPORATING COLD CHAIN
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The need for an appointed regulator of food safety in SA By Bernadette Versfeld and Ziyanda Ngcobo from Webber Wentzel

Plans to create a food safety regulatory authority would benefit both consumers and the food and beverage industry , by reducing costs of compliance and strengthening confidence in food products .

The importance of food safety in South Africa was highlighted by two recent events : the Listeriosis outbreak of 2017 / 2018 and the recall of canned pilchards in tomato sauce . Apart from their other consequences , such events erode consumer confidence in food products and can trigger protracted litigation .

As a result , various stakeholders have called for an overhaul of the regulatory approach to food safety . At present , South Africa ’ s regulatory environment on food safety is fragmented . Various government departments have concurrent jurisdiction : the Department of Health ( DOH ), the Department of Agriculture , Forestry and Fisheries ( DAFF ), and the Department of Trade , Industry and Competition ( DTIC ). Local government is responsible for municipal health services , which includes enforcing food safety legislation .
The DAFF regulates the safety and quality of agriculture and animal products . It relies upon several pieces of legislation , including the Agricultural Product Standards Act No . 119 of 1990 , Animal Diseases Act No . 35 of 1984 , Animal Identification Act No . 6 of 2002 , Animal Improvement Act No . 62 of 1998 , Animals Protection Act No . 71 of 1962 , Fertilisers , Farm Feeds , Agricultural Remedies and Stock Remedies Act No . 36
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of 1984 , Meat Safety Act No . 40 of 2000 , Performing Animals Protection Act No . 24 of 1935 , Veterinary and Para-Veterinary Professions Act No . 19 of 1982 and the Liquor Products Act No . 60 of 1989 .
The DOH requires that all food products be safe for human consumption in terms of the Foodstuffs , Cosmetics and Disinfectant Act , which regulates the manufacture , labelling , sale and import of food products . Food product hygiene is addressed by the National Health Act .
In addition , the South African Bureau of Standards ( SABS ), the statutory body established in 1945 , operates in terms of the Standards Act No . 8 of 2008 . The SABS is mandated to develop , promote , and maintain the South African National Standards ( SANS ), protecting the quality of commodities , products and services and rendering conformity assessment services .
For the food and beverage industry , the SABS assists with assessment , product testing and certification .
The vast amount of legislation which needs to be considered in the context of the food and beverage industry underscores the need to have a unified approach towards food and beverage safety in South Africa . Following the Listeriosis outbreak in 2018 , and to prevent similar incidents from recurring , President Cyril Ramaphosa said there were plans to establish a food safety agency or regulatory authority . Its chief mandate would be to ensure the highest levels of health and safety to protect consumers . This was not the first time that a food safety agency or regulator was proposed . The idea was first raised in about 2001 , but nothing has materialised to date . The establishment of a food safety regulatory authority will benefit both the
food industry and consumers , for many reasons , including :
• a simpler regulatory regime with a single point of contact for stakeholders , rather than the current fragmented approach ;
• the likelihood of lower costs of compliance , as it would be more efficient to deal with a single regulatory authority and overlaps in legislation would be eliminated ; and
• greater consumer protection , creating consumer confidence in food products .
As a starting point , the South African food safety agency or regulator can seek guidance from the World Health Organisation ( WHO ) and the Food and Agriculture Organisation of the United Nations . These organisations published the Codex Alimentarius , a " food code " consisting of standards , guidelines , and codes of practice , which has provided guidance to many countries around the world seeking to achieve food safety for their citizens .
Establishing a food safety regulator in South Africa is likely to be embraced by most interest groups in light of the constitutionally protected right to food , which , by implication , means safe food . CLA

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