FOODSTUFFS, COSMETICS AND DISINFECTANTS AMENDMENT

BILLBriefing to the Select Committee on

Social Services22 August 2006

MAIN ACT:

To control the sale, manufacture and importation of foodstuffs, cosmetics and disinfectants; and to provide for incidental matters.

Limited but urgent amendments for three basic reasons:

1. To bring Act into line with the new Constitutional and organizational dispensation.

2. To include those provisions in the Health Act, 1977, that relate to food safety.

3. To update certain outdated provisions

Definitions

Old definitions are updated, and new definitions are brought in from the Health Act, 1977

Section 10: Inspectors

Amendment so that the Director-General can also authorize persons that are not “subject to his control”.

Further amendment carried over from Health Act, 1977, so that local authorities can authorize categories of persons other than environmental health practitioners.

Section 13: Further analysis or examination of sample.

The amount that an accused has to deposit if he/she desires a further analysis of a sample has been raised from R25 to R500 to counteract the effect of inflation.

Section 15: Regulations

Everything new in this section, which authorizes the Minister to make regulations,is taken over from the Health Act, 1977

Section 15 A: Regulations relating to mollusc farming and fish farming

This section has been taken over from the Health Act, 1977, with slight technical amendments.

Section 16: Preservation of secrecy

This section has been omitted because it seriously affects the ability of the authorities in all three tiers of government to issue food safety warnings.

Section 18: Penalties

The amendment raises the fines that may be levied because currently they are ridiculously low.

Section 25: Delegation of powers

The amendment aims to enable the Director-General to delegate certain functions to persons other than persons in the (National) Department of Health.