DEPARTMENT OF HEALTH

JOINT BRIEFING BY DAFF,DOH and DTI ON MEAT INSPECTION AND

LABELING IN SA

Venue: Committee Room M46, Ground Floor Marks Building Hall, Cape Town

26 March 2013

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Outline

• Roles and mandates• Enabling legislative framework• Role of municipal health services• Current challenges• Possible solutions

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Food Control

World Health Organisation (WHO) DEFINITION

“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 labeled as prescribed by law”

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Food Safety and Food Contamination

FOOD SAFETY (WHO)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”

FOOD CONTAMINANT (WHO)FOOD CONTAMINANT (WHO)“Any biological or chemical agent, foreign matter, or other substance not intentionally added to the food which may

compromise food safety or suitability”

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Role of Health Sector• National Department of Health

Policy, legislation, guidance,I ncluding norms and standards, international liaison (excluding abattoirs and import/export of fresh meat)

• Provincial Departments of HealthFood import control (excluding unprocessed meat)Coordination of activities of local authorities

• Local AuthoritiesEnforcement in areas of jurisdiction

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What Are The Key Enabling Pieces ofF Legislation

• Foodstuffs, Cosmetics and Disinfectants Act,1972

(Act No. 54 of 1972)• National Health Act, 2003 (Act No.

61 of 2003)• Municipal Structures Act, 1998 (Act

No. 117 of 1998)

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Foodstuffs, Cosmetics and Disinfectants Act

Foodstuffs, Cosmetics and Disinfectants Act,1972 (Act no. 54 of 1972)Provides for description of all foodstuffs in terms of

the Origin Nature Substance Composition Quality Strength Nutritive value Time, mode or place of manufacture

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Foodstuffs, Cosmetics and Disinfectants Act cont.

• Section 23 of the Foodstuffs, Cosmetics and Disinfectants Act provides for the Minister of Health to authorise any local authority by notice in the Gazette to enforce within its area of jurisdiction and through its duly authorized officers, such provisions of this Act as the Minister may specify in the notice

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Foodstuffs, Cosmetics and Disinfectants Act cont.

• Regulations on labelling and advertising of foodstuffs (No. R.146 of 1 March 2010) came into effect in 2012

• Provide for Compulsory Quantitative Ingredient Declaration (QUID) for raw-processed meat and processed meat {Reg 26(2)}

• Disclosure of common allergens, uncommon allergens on request by a consumer or inspector of the DoH and risk of allergen cross -contamination mandatory (Reg 43,44 & 45)

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Foodstuffs Cosmetics and Disinfectants Act cont.

Regulations Governing the Composition and Labelling of Raw Boerewors, Raw Species Sausage and Raw Mixed-Species Sausage

• Maximum meat content• Maximum fat content• No offal (except casing)• No mechanically recovered meat (MRM)• Maximum calcium contents• Limit on other ingredients• Specific labeling requirements

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National Health Act

The National Health Act,2003 (Act No. 61 of 2003)

• Lists and defines functions of municipal health Services which include Food Control

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Roles and Responsibilities of Environmental Health at Local Government.

Local Government

– Delivery of Municipal Health Services

• In terms of Section 1 of the National Health Act, 2003, (Act 61

of 2003) Municipal Health Services refer to: – Water Quality Monitoring

– Food Control

– Waste Management

– Health Surveillance of Premises

– Surveillance and Prevention of Contagious Diseases, excluding

Immunization

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ROLES AND RESPONSIBILITIES ON ENVIRONMENTAL HEALTH AT LOCAL GOVERNMENT.

Local Government– Municipal Health Services

• In terms of Section 1 of the National Health Act, 2003, (Act 61

of 2003) Municipal Health Services refer to:

– Vector Control

– Environmental Pollution Control

– Disposal of the Dead, and

– Safe Handling of Chemical Substances

but excludes Port Health, Malaria Control and control of

Hazardous Substances (Provincial function)

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ROLES AND RESPONSIBILITIES ON ENVIRONMENTAL HEALTH AT LOCAL GOVERNMENT.

• How did the services end up with Local Government?

– Municipal Health Services (MHS) were devolved from the provinces to

district and metro municipalities

– Devolution was guided by the municipality showing capacity to deliver the

services (done in line with Municipal Systems Act)

• How are municipalities expected to deliver the devolved services?

– National Department of Health prepared the budget bid for the delivery of

MHS even post devolution

– National Department of Health developed guidelines for the devolution of

these services

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Food Control (as part of MHS)• According to the scope of practice for Environmental

Health Practitioners (EHPs), the function ensures consumer protection by the following:– Food inspections at point of production, storage, distribution and

consumption (The whole value chain)

– Regulation of food premises (formal & informal) regarding hygiene

and the prevention of nuisances through regular inspections

– Control of food premises by issuing Compliance Certificates to food

premises promulgated in terms of the FCD Act.

– Ensure that food is safe and healthy for human consumption by

enforcement of relevant legislation

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FOOD CONTROL (as part of MHS)• Regulations Relating to Inspections and

Investigations (R. 328 of April 2007)• Inspection powers – may demand document,

information, examine foodstuff, take sample• Detention of foods – written order to detain

food, lock premises• Seizure of food – written order if food appears to

be unsound, unwholesome or contaminated• Rectifying of certain conditions

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FOOD CONTROL (as part of MHS)• One of the methods to determine suitability of

food is by:– Taking samples randomly and sending them to

laboratory for test• National Laboratory Health Services or in-house testing (by

some metros) is used– Microbiological Analysis– Chemical Analysis

– Inspection of foodstuff to check on the labelling

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Sample

Written Notification

Seize

Condemn

Lift Detention Order

Detain (Foodnot visibly unfit)

Destroy

Positive

Negative

Annex C

Annex D

Annex E

Annex A

Annex B

OFFER,LABEL, SEAL

Laboratory Analysis

Food visibly unfit

Regulations Relating to the Regulations Relating to the Inspection/Sampling of Food Inspection/Sampling of Food

Premises and FoodstuffsPremises and FoodstuffsR.328 of 2007R.328 of 2007

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Co-ordination and collaboration• The NDoH and DAFF have held a number of

collaborative meetings to track where legitimately imported horse meat ends in the food chain. Gauteng municipalities and METROs were also involved. Samples have been sent for laboratory testing

• Work is underway with the National Consumer Council to respond to their request to develop a profile of the industry and ascertain the capacity to sample and test samples

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Current Challenges

• Not all provinces have finished devolution of MHS

• MHS budget is not easily identifiable as a budget line item

from the equitable share of the municipalities

• Prioritisation of activities is not easy to monitor

• The whole function of food control is fragmented with a

multiplicity of players resulting in overlaps and gaps. Co-

ordination and efficient use of resources becomes

challenging.

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Possible Solutions • Introduction of memoranda of agreements amongst role players

• Analysis and streamlining of roles and functions

• Analysis and alignment of resources (funds, expertise, numbers of

personnel, laboratory support etc.) related to monitoring activities

• Strengthening of enforcement capacity

• A risk – based approach in prioritisation of activities and monitoring

thereof

• The possibility of establishing a Food Agency should be explored

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Thank youThank you

www.doh.gov.zawww.doh.gov.za

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