MOSSEL BAY NEWS - Mossel Bay Municipality "strongly condemns the sale of any products that may be considered harmful to the consumer".
These words form part of a statement from the municipality following a report in the Mossel Bay Advertiser (21 January) regarding a local municipal councillor confiscating products past their sell-by date from shops in Asla Park, KwaNonqaba and other neighbourhoods.
It has been alleged these products were discarded by the councillor and other members of the political party he represents.
According to the municipality’s statement, district municipalities have the authority to licence dealers and by law, have an oversight responsibility to ensure tradable goods comply with regulated standards.
“Mossel Bay Municipality has liaised with the relevant authorities for further regulatory action on incidents regarding merchandise presumably past its sell-by date recently published on social media platforms. Merchandise that allegedly was past its sell-by date was presumably dumped illegally at municipal waste disposal facilities, thereby posing a health risk to residents,” the statement reads.
The Mossel Bay Municipality appeals to residents to report any traders that allegedly illegally sell merchandise that may harm the consumer to the Garden Route District Municipality (044 693 3159 or 044 803 1300).
Food control
Food control is one of the nine municipal health functions (Environmental Health) assigned to Local Government in terms of the National Health Act 2003. Legislation utilised by the Municipal Health section to regulate food is the Foodstuffs, Cosmetics and Disinfectants Act, 1972 and its regulations.
Regular inspections at all premises where food products are handled and stored are done continuously by Environmental Health Practitioners (EHPs) to ensure compliance of all premises.
Labelling
The regulations relating to the labelling and advertising according to the relevant legislation are:
‘‘Best before’’ or ‘‘Best before end’’ means the date which signifies the end of the period under any stated storage conditions during which the product will remain fully marketable. Food consumed after the “best before” date may still be satisfactory.
Best before dates are an indication of quality rather than safety. A person can still eat food after a best before date, but its flavour and texture may have changed.
Best before dates are usually displayed on products that do not require refrigeration or freezing, like dry pasta, bread, tinned products, fruits and vegetables, and uncooked rice.
“Use by dates”- (Best Consumed Before, Recommended Last Consumption Date, and Expiry Date) refers to food that should not be regarded as marketable and is only used in connection with perishable foodstuffs. Use by dates state the time up to which a food is safe to eat. They are on high-risk foods that require refrigeration, such as fish, meat products, pre-prepared foods and dairy products.
Using food after its use-by-date can put you at risk of food poisoning
“Sell-by date” - This has been used for perishable food that is usually stored in a refrigerator. The meaning and implications of this date have caused lot of confusion globally. So much so that Codex Alimentarius Commission has discontinued the use of this date. It is, therefore, no longer valid.
Foodstuff that are displayed for sale that is past best before end dated is not a transgression in terms of the Act, and the date is only there for quality purposes.
In terms of legislation, there is no definition for “Expired Food” except for “Use by”. The expression or phrase should not be used in terms of food control as it is currently being misinterpreted.
The Foodstuff, Cosmetics and Disinfectant Act, 1972 (54 of 1972), section 23 clearly states that only an EHP and members of the South African Police Service are authorised to enforce provisions that are made in the Act.
Section 17(d) also indicate that anyone “who falsely holds himself out to be an inspector” by performing EHP or SAPS-related duties shall be guilty of an offence. This legislation is descriptive about the powers and duties of EHPs in terms of confiscation of products or documents.
An EHP has the authority to detain or seize foodstuff in terms of R328 OF 20 April 2007, sections 3 and 4.
Detention
The EHP may, by written order, pending the analyses of a sample, detain food in whatever kind of package or container it may be, on the premises concerned from which the sample was taken. Food may be detained by marking, sealing and securing such food. Either on the premises or any premises identified by the EHP.
A written order will be issued by the EHP to a food premises holder and served to the person in charge or any adult employed, as a witness if the person in charge is not available.
The order is binding for the period stated in the order, which shall not exceed a period of 30 days and may be withdrawn during that period. No person may without written permission of the EHP remove any food detained from the place where it is being detained.
Seizure
An EHPs may seize any food items that are not up to standard. This can only happen if the food is unsound, unwholesome, or contaminated. This requires an analysis of a sample of such foodstuffs. The written order be given to the owner of the premises and is valid until the food has been destroyed or used for other purposes than human consumption.
The disposal of such food must be in the presence of an EHP. The foodstuff must be disposed of at a location that is not accessible to the public in any way.
It is not against the provision of this legislation to sell foodstuff that have reached their “best before” or “use by” dates.
Complaints
Any complaints related to the labelling of food products must be logged at the respective regional offices within the Garden Route District Municipality:
Sam Bendle (Chief: Municipal Health) Tel: 044 693 0006. Address: C/O Sampson and Marlin streets, Extension 23, Mossel Bay
Johan Compion (Manager: Municipal Health & Environmental Services) info@gardenroute.gov.za or 044 803 1300.
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