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Food By-law, 1950
- Published in Natal Provincial Gazette no. 2323 on 14 December 1950
- Commenced on 14 December 1950
- [This is the version of this document from 14 December 1950 and includes any amendments published up to 16 March 2023.]
1. DefinitionsIn these By-laws, unless inconsistent with the context—“Business” means any business, undertaking or calling whether required to be licensed or not and whether or not licensed although required by any law to be so licensed and includes any organisation or association of persons engaged in the supply of food to members, employees or the public or any special class thereof for any consideration whatsoever;[Definition of “Business” inserted by r. 1 (a) of PN 203 of 1969.]“City” means the City of Durban;“Communicable Disease” means any of the diseases mentioned in Schedule B;“Council” means the City Council of Durban;“Detergent” means a substance or compound soluble in water which at a temperature of 50o C will provide complete removal of all types of characteristic soiling materials in a short period of time, will produce a free-rinsing surface, will reduce to a minimum the formation of a film of precipitated mineral salts and similar substances on the washed surface and will function effectively in waters of varying hardness;[Definition of “Detergent” amended by r. 1 of PN 713 of 1970.]“Dwelling” means a building or part of a building used or constructed or designed or adapted to be used for residential purposes together with such outbuildings as are ordinarily used therewith;[Definition of “Dwelling” inserted by r. 1 of MN 217 of 1993.]“Food” means any substance (other than drugs or water but including ice) which is intended or ordinarily used for human consumption, or which enters into, or is used in the composition or preparation of, articles for human consumption;[Definition of “Food” substituted by PN 446 of 1959.]“Food Shop” means a building or portion of a building used or constructed or adapted to be used for the sale and display of goods in conjunction with a food business, excluding any part thereof used or intended to be used as a food preparation area, scullery, storage area, or changeroom;[Definition of “Food Shop” inserted by r. 1 of PN 499 of 1981.]“Medical Officer of Health” means the duly appointed Medical Officer of Health of the City and shall include any duly appointed Assistant Medical Officer of Health for the City and any other person from time to time lawfully acting in either such capacities;“Owner” and “Occupier” shall have the meanings assigned to them in the Public Health By-laws for the City of Durban, promulgated under Provincial Notice No. 225 of 1911 (as amended);[Definition of “Owner” and “Occupier” substituted by PN 255 of 1973.]“Perishable Food” means and includes milk, dairy products, meat, dressed poultry, fish and any other article of food which is of such a nature or is in such form or is so packed as to be liable to decomposition or deterioration at ordinary temperatures;“Premises” means any manufactory, shop, store or other building, tent or temporary structure or vehicle and the land upon which the same is situated or which is used in connection with the business carried on therein and includes premises situate outside the City;[Definition of “Premises” amended by r. 1 (b) of PN 203 of 1969.]“Sell” means sell by wholesale, retail or through the medium of a machine and, in addition to its ordinary meaning, includes offer, advertise, keep, expose, transmit, consign, convey or deliver for sale or authorise, direct or allow a sale or prepare or possess for purposes of sale, and further includes barter or exchange or supply or disposal for any consideration, direct or indirect;[Definition of “Sell” amended by r. (i) of PN 29 of 1965.]“Steriliser” means a substance soluble or miscible in water which has a germicidal effect;“Veterinary Officer” means a veterinary surgeon in the employ of the Council or any qualified veterinary surgeon acting under the instruction of the Medical Officer of Health;
2. Authorised officersThe under-mentioned persons are hereby constituted duly authorised officers for the purpose of these By-laws—The Medical Officer of HealthAny veterinary officerAny Health Inspector in the employ of the CouncilAny other persons specially authorised by resolution of Council to perform the functions of a duly authorised officer under these By-laws.
3. Powers of entry, inspection and examinationAny duly authorised officer may at all reasonable times inspect and examine any food and any premises, plant, machinery, utensils, vessels, receptacles, vehicles and the like from, in or by which food is produced, manufactured, prepared, stored, kept or conveyed and no person shall—
4. Compulsory sale of food samplesAny duly authorised officer may require any person to sell to him any sample of food required by such officer for any purpose authorised by these By-laws and any person who shall refuse or without lawful reason fail to sell any such sample to such officer at a reasonable price shall be guilty of an offence.
5. Inspecting and examining depotsThe Medical Officer of Health or any authorised office may require, by notice under his hand, any person to bring or deliver any specified article, container or package of food for inspection or examination to a depot established for the purpose and any authorised officer shall have the power to cut into or open any article, container or package of food in connection with such inspection or examination.
6. Detention, seizing and destruction of foodAny authorised officer may restrict or prohibit the sale of and may detain or seize any food or food wrappings or packaging which, in his opinion, is diseased, unsound, unwholesome, contaminated or otherwise unfit for human consumption or use for such time as may be reasonably necessary to obtain the certificate of the Medical Officer of Health thereanent and may authorise the destruction of any such food upon the certificate of the Medical Officer of Health.[R. 6 substituted by r. 2 of PN 203 of 1969.]
7. Owner’s riskThe Medical Officer of Health may, at the owner’s risk, permit such treatment as may render the food or food wrappings or packaging referred to in section 6 above fit for human consumption.[R. 7 substituted by r. 3 of PN 203 of 1969.]
8. Prohibiting sale or supply of foodThe Medical Officer of Health shall have power to prohibit, for such period or periods as he may think necessary, the sale or supply of any food—
8bis. Restricting or prohibiting a food business
9. Offences and penalties
10. Repeal of by-laws(a)These By-laws shall come into force upon the expiration of thirty days after the date of their promulgation.(b)The following By-laws are repealed, with effect as from the date upon which these By-laws shall come into force, namely — Public Health By-laws relating to the Manufacture, Storage and Sale of Food for the Borough of Durban (Provincial Notices Nos. 71 of 1928 and 83 of 1929).
Structure of premises
11. Structure of premisesNo person shall carry on business which involves the manufacture, preparation, storing, handling, sale or distribution of food in or upon any premises which do not comply with the following provisions, namely—
11A. Food shopNo person shall carry on a business which involves the sale and display of foodstuffs, whether for on consumption or otherwise, within a food shop which has a lesser floor area than 28 m², or a ceiling height less than 2,6 m, or a width less than 3,8 m.[R. 11A inserted by r. 2 of PN 499 of 1981 and amended by r. (2) of PN 294 of 1984.]
11B. Food kiosk
11C.No person who carries on a business which involves the manufacture, preparation, storing, handling, sale or distribution of food within a food shop, shall keep or cause or permit any mechanical, electronic or electrical contrivance, instrument, apparatus or device as contemplated in Schedule 1, item 1.P.8 (i) of the Licences and Business Hours Ordinance, No. 11 of 1973, to be kept or operated within a food shop or any portion of the premises used for the purpose of such shop unless the following requirements are complied with—
12. Repair and maintenance of buildings, drains, etc.The owner shall maintain all buildings, hardened areas, drains, drainage connections and other appurtenances in good order and condition.
13. Painting, etc., of premises
13bis. Powers of medical officer of health to relax requirements(a)The Medical Officer of Health may in his sole discretion permit any person to carry on business involving the storage, handling, sale or distribution of food, for such period or periods as he may deem necessary, in or upon premises which do not comply in whole or in part with the requirements of sections 11 to 13 inclusive of these By-laws.[Para. (a) amended by r. (4) of PN 294 of 1984.](b)Any person desirous of obtaining permission in terms of this By-law shall apply in writing to the Medical Officer of Health who may grant, subject to such conditions or restrictions as he may determine, or refuse such permission.[R. 13 bis inserted by r. 7 of PN 203 of 1969.]
Manufacturing equipment, furniture, fittings and fixtures
14. Manufacturing equipment, furniture, fittings and fixturesNo person shall carry on any business which involves the manufacture, preparation, storing, handling, sale or distribution of food in or upon any premises which do not comply with the following provisions, namely—
15. Bakers, etc.: mechanical mixing of dough, etc.No baker, pastry cook or confectioner or other person preparing or making any bread, cakes, biscuits or pastry of whatsoever nature or kind for the purposes of sale shall mix all dough, batter or paste to be used in the preparation or making of such bread, cakes, biscuits or pastry in or by means of proper mixing machines, suitable and adapted for the purpose.
16. Hand-mixing of cream-substituteNo baker, pastry cook or confectioner shall engage or require or allow any other person to be engaged in the manufacture, preparation or handling or cream-substitute unless he or such other person, as the case may be, wears sterilised and protective rubber gloves whilst so engaged.
Food protection, storage and distribution
17. Food protection, storage and distributionEvery person who carries on any business involving the manufacture, preparation, storage, handling, sale or distribution of food shall ensure that in connection with such business—
17bis. Unsuitable equipmentAny authorised officer may forbid the use of any vessel, utensil, machine, equipment or apparatus used for the manufacture, preparation, storage, handling, sale or distribution of food which, in his opinion, is unsuitable, worn out, rusted, defective, not functioning properly, in such condition that it cannot be rendered clean and sterile or is in such condition that food contained therein is not protected from contamination by dust, vermin or other cause and no person shall thereafter use such vessel, utensil, machine, equipment or apparatus for such purpose without the written authority of the Medical Officer of Health.[R. 17 bis inserted by r. (iii) of PN 29 of 1965.]
17ter. Unsuitable Containers and Methods.Any authorised officer may forbid the use of any type or class of bottle, jar, tin, carton, plastic tube or other container for the packing of any article of food or drink, any cork, stopper or cover in connection therewith and any process or method of packing food which, in his opinion, is such that food contained therein or thereby is not protected from contamination by any cause or may be adversely affected thereby and no person shall thereafter use such container, cover, process or method or type or class thereof for the purpose without the written authority of the Medical Officer of Health.[R. 17 ter inserted by r. 10 of PN 203 of 1969.]
18.No person who carries on any business involving the manufacture, preparation, storage, handling or distribution of food shall in connection with such business—
18A. Sale in unapproved premises prohibited[R. 18A inserted by r. 3 of PN 259 of 1976 and deleted by r. (3) of MN 217 of 1993.]
19. Spitting and use of tobacco forbiddenNo person shall spit in any premises used for the manufacture, preparation, storage, handling, sale or distribution of food and no person shall, whilst actively engaged in the manufacture, preparation, storage, handling, sale or distribution of food, use tobacco in any form whatsoever.
20. Meat, poultry or fish: vans or vehicles
20bis. Sale of food from a vehicle
20ter. Sale of perishable food through the medium of a machine.
21. Conveyance of foodstuffs on beaches, etc.Every person who carries on any business involving the manufacture, preparation, storage, handling, sale or distribution of food shall ensure that any food or drink for human consumption conveyed in connection with such business from any premises to or over any beach or other place of public resort shall be covered or otherwise effectively protected against contamination by dust, flies or any other cause whatsoever.[R. 21 substituted by para. (b) of PN 268 of 1967.]
22. Carcases on shouldersEvery person who carries or conveys any carcase of meat intended for sale for human consumption shall, whilst so engaged, wear a clean, washable overall, together with a rubberised hood and apron.
23. Bread, cakes, etc.: vans or vehicles
24. Vans, etc.: cleanliness and good orderEvery person who manufacturers or prepares or conveys food for sale for human consumption shall ensure that every van, vehicle, carrier or thing used in connection with the conveyance of any such food shall be kept thoroughly clean and in good order, repair and appearance and shall not be used for any purpose which may favour contamination or infection of such food.The Medical Officer of Health may forbid the use of any particular vehicle or carrier which, in his opinion, is unsuitable for the conveyance and delivery of food, and no person shall thereafter use such vehicle or carrier for such purpose without the written authority of the Medical Officer of Health.
25. Personal hygiene facilities: provision and use of
26. Cleanliness of person and wearing apparelEvery person who engages or is engaged in the handling of food shall—
27. Unclean or verminous personsIf, upon examination, the Medical Officer of Health or any Health Inspector shall find the person or clothing of any person employed in connection with the manufacture, preparation, storage, handling, sale or distribution of food is so unclean or verminous as to be a source of contamination of any food or drink with which he is working, he may order such person and his clothing to be thoroughly cleansed and disinfected and such person shall refrain from engaging in his duties prior to the completion of such cleansing and disinfection.
28. Housing facilitiesEvery person who carries on any business involving the manufacture, preparation, storage, handling, sale or distribution of food and who provides housing accommodation for his non-European employees on his premises shall ensure in connection with such housing accommodation facilities such that there is available—
29. Vermin control, cleansing and occupationEvery person carrying on any business aforesaid shall ensure that all sleeping accommodation used by his non-European employees is kept, as far as possible, free from bugs, cockroaches, rodents and other vermin, is thoroughly cleansed and limewashed at least four times in each year and at such other times as may be required by the Medical Officer of Health, and is used for the accommodation of bona fide employees only or, where married quarters are provided, for the accommodation of the wives or husbands and children of such employees.
30. SanitationEvery person who carries on any business which involves the manufacture, preparation, storing, handling, sale or distribution of food shall, upon the premises upon which such business is conducted, provide—(a)Toilet Facilities.—water closet accommodation for all persons employed therein, in accordance with the requirements of the Building By-laws, or privy accommodation, in accordance with the scale set out in paragraph (b) hereof;[Para. (a) substituted by r. 7 (i) of PN 405 of 1972.](b)where any employee or employees is or are housed, toilet facilities in accordance with the following scale—
Exceeding 125, one bathroom or shower and one water closet or privy for each 25 employees so employed or housed in excess of 125;provided always that(i)where any persons are employed or housed in premises having more than one floor and the Council’s waterborne sewerage system is available thereto, toilet facilities shall be provided on each floor sufficient for the number of persons employed or housed thereon and in accordance with the foregoing requirements, provided further that the provision of toilets on every floor may be waived by the Medical Officer of Health if such facilities are considered by him to be accessible with reasonable convenience;(ii)no door or any privy as defined in the Public Health By-laws shall be within 3 m of any door or window of any room in which food for human consumption is manufactured, prepared, stored or handled.[Proviso substituted by r. 13 (a) of PN 203 of 1969 and amended by r. 9 (i) of PN 713 of 1970 and substituted by r. 7 (ii) of PN 405 of 1972.](c)in respect of premises in which food is consumed on the premises, water closet accommodation and wash-hand basins properly connected with a constant and adequate cold water supply and drainage for the use of patrons, which accommodation and basins shall be situated with reasonable convenience for and readily identifiable by the said patrons, to the satisfaction of the Medical Officer of Health and be provided separately for the sexes on the following scale—(i)Water closets and wash-hand basins for Females: For the first 200 patrons, 1 for every 40 or part thereof; thereafter 1 for every 100 or part thereof;(ii)Water closets and wash-hand basins for Males: For the first 250 patrons, 1 for every 125 or part thereof; thereafter 1 for every 250 or part thereof;(iii)Urinals: 1 for each 50 males;[Para. (c) inserted by r. 13 (c) of PN 203 of 1969 and amended by r. 4 of PN 259 of 1976.](d)Refuse Storage.—bins or a bin, constructed of durable non-absorbent material, designed to facilitate easy cleansing, equipped with handles and a close-fitting cover or covers and sufficient for the purpose of storing all refuse pending removal or disposal; the use of non-portable refuse receptacles shall not be permitted;[Para. (d) previously para. (c) amended by r. 13 (b) of PN 203 of 1969.](e)[Para. (e) previously para. (d) amended by r. 13 (b) of PN 203 of 1969 and by r. 9 (ii) of PN 713 of 1970 and deleted by r. 7 (iii) of PN 405 of 1972.]
|Number of Employees||Bathrooms or Showers||Water Closets or Privies|
|Not Exceeding 8||1||1|
|Not Exceeding 17||2||2|
|Not Exceeding 26||3||3|
|Not Exceeding 35||4||4|
|Not Exceeding 45||5||5|
|Not Exceeding 55||6||6|
|Not Exceeding 65||7||7|
|Not Exceeding 80||8||8|
|Not Exceeding 100||9||9|
|Not Exceeding 125||10||10|
Health of employees
31. Labour and health record of employeesAny person trading in the sale of food shall—
32. Medical examination of persons by medical officer of healthThe Medical Officer of Health may examine any person resident on any premises used for or any person employed in or about the premises used for the preparation or sale of food for the purpose of ascertaining whether such person is suffering from any communicable disease.
33. Food-handlers suffering from communicable diseaseNo person trading in the preparation or sale of food shall knowingly allow any person suffering from any communicable disease in any way to take part in the preparation or distribution of food.
34. Food-handlers’ obligation to be tested for disease or infectionAny person engaged in any occupation in which in the ordinary course of his duties he handles or comes into contact with food intended for sale and/or human consumption shall, whenever called upon to do so by the Medical Officer of Health or other authorised officer, afford to such officer every facility for obtaining specimens of his blood, excreta, discharges or other materials as may be necessary for detecting the presence of communicable disease or infection by means of the following tests—
35. Notice to infected persons.Whenever a written notice in the form prescribed in Schedule C hereto, signed by the Medical Officer of Health, is served upon any person engaged in any occupation of the kind referred to in section 34 hereof, notifying him that the Medical Officer of Health believes or suspects that such person is harbouring or excreting or is capable of harbouring or excreting or spreading any infection referred to in section 34 hereof, such person shall forthwith cease to engage in any occupation of the kind referred to in section 34 hereof, notwithstanding the terms of any contract of employment by which he may be bound, and shall not re-engage in any such occupation until the Medical Officer of Health issues to him a certificate on the form prescribed in Schedule D hereto that it no longer is believed or suspected that he is harbouring or excreting or is capable of harbouring or excreting or spreading such infection.
36. Notice of employersCopies of the notices and certificates referred to in section 35 above shall be delivered to the employer of the person to whom they are addressed, and during such time as any such notice is operative such employer shall not cause or permit him to engage in any occupation of the kind referred to in section 34 hereof.
37. Clearance certificate to employee: persons who have suffered from certain diseasesNo person who has suffered from enteric or typhoid fever, diphtheria, tuberculosis, venereal disease, scarlet fever, septic sore throat or dysentery shall be employed or re-employed in any occupation involving the handling or preparation of food intended for sale or for human consumption, notwithstanding the terms of any contract of employment by which he may be bound, unless and until he shall have received from the Medical Officer of Health a certificate in the form prescribed in Schedule D hereto.
38. Clearance certificate to employerNo person shall employ or re-employ in any occupation involving the handling or preparation of food intended for sale or for human consumption, notwithstanding the terms of any contract of employment by which such person may be bound, any person who has suffered from any of the diseases mentioned in section 37 above, unless and until he shall have received from the Medical Officer of Health a copy of the certificate referred to in section 37 above.
39. Food-handlers’ immunisationEvery person shall, whenever called upon to do so by the Medical Officer of Health, employ or continue to employ in the production or distribution of food, notwithstanding any contract of employment by which each such person may be bound, only such persons as have been immunised against enteric or typhoid fever and diphtheria and shall produce a current certificate in the form prescribed in Schedule E hereto.
40. Quality of foodNo person who carries on any business which involves the manufacture, preparation, storage, handling or distribution of food shall in connection with such business convey, transmit, deliver, store or deposit for sale or distribute or cause or permit to be conveyed, transmitted, delivered, stored or deposited for sale or distribution, and no person shall sell, any food which does not conform with the standards prescribed in these By-laws.[R. 40 inserted by r. 14 of PN 203 of 1969.]
41. Temperature: provision of equipmentEvery person who carries on a business which involves the manufacture, storage, handling, sale or distribution of perishable food, whether frozen, cooked or otherwise, shall provide, maintain in good order and use a maximum and minimum thermometer and such other instrument or equipment as may be necessary for determining the efficiency or otherwise of means for ensuring that food is preserved at all times in conformity with the temperatures prescribed in these By-laws.[R. 41 inserted by r. 14 of PN 203 of 1969.]
42. Prohibition of use or sale of articles likely to contaminate foodNo person shall use any device, equipment, container or other article in direct or indirect contact with food for purposes contrary to any provision or object of these By-laws or which could cause such food to become unclean, unwholesome, contaminated or otherwise unfit for human consumption, and no person shall sell any such article in contravention of any notice served on him by an authorised officer.[R. 42 inserted by r. 14 of PN 203 of 1969.]
43. Standards of prepared foodIn the case of manufactured, processed, precooked, prepared or ready-to-consume food—
44. Bacterial standards of water and iceIn the case of water which enters into, or is used in the composition or preparation of food or in the form of frozen confections or other water products, or water to be used for the washing of food containers, or in the case of ice—
History of this By-law
14 December 1950 this versionPublished in Natal Provincial Gazette no. 2323By-law commences.
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