ROLE AND RESPONSIBILITY OF THE PUBLIC HEALTH SECTOR IN ...



ROLE AND RESPONSIBILITY OF THE PUBLIC HEALTH SECTOR IN SOUTH AFRICA, REGARDING THE CONTROL OF IMPORTED FOODSTUFFS

Department of Health

Directorate: Food Control

1. BACKGROUND

The provision of adequate and wholesome food free from harmful ingredients (safe food) is one of the essential components of a Primary Health Care (PHC) approach and extends to all foodstuffs imported into South Africa.

The Government of South Africa has adopted the PHC approach through the National Health Plan for South Africa and the Reconstruction and Development Programme in 1994, and subsequently the White Paper on Health: Towards a National Health System, published in November 1996. The new National Health Act, 2003 (Act 61 of 2003) followed, which provides for the establishment of a national health system in South Africa, which will in broad consist of three levels for public health service delivery with each level responsible for specific functions. These functions provide inter alia, for the rendering of services aimed at ensuring the safety of foodstuffs offered to the consumer.

The following is a detailed description of the role, functions and responsibilities of the components of the national health system at present regarding the control of imported foodstuffs from a food safety point of view, (excluding unprocessed chilled/frozen meat).

2. THE NATIONAL HEALTH SYSTEM

a) Department of Health

The following broad functions, which are also related to the importation of foodstuffs as determined by the relevant statutory mandate, are the responsibility of the Department:

- Overall co-ordination

- Determination of policy (national norms and standards)

- Supporting national food monitoring programmes

- Supporting the provinces / municipalities

- International liaison and co-operation

The Directorate carries out the responsibility of the Department regarding the control of imported foodstuffs: Food Control.

Directorate: Food Control

The Directorate: Food Control, included in the Cluster: Pharmaceutical Policy and Planning, is directly responsible for all matters related to food safety at a national level within the health system and addresses this through the following broad objectives:

- To protect consumers and facilitate trade by compiling food legislation and regulations that is in line with international standards;

- toll ensure safe foodstuffs and compliance with legal requirements by supporting food monitoring programmes; and,

- to promote the health of all our people by informing and educating consumers, industry and law enforcers.

The provisions of the following Act determine the main function of the Directorate regarding the control of imported foodstuffs:

The Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act 54 of 1972)

The Act is the most important set of health legislation aimed at inter alia, addressing the safety of all foodstuffs manufactured, sold or imported into the country. Apart from the legislative authority of the Minister of Health to promulgate regulations on those matters specified in the Act, it empowers the Director General of the Department to execute the following actions in respect of imported foodstuffs:

- Authorise persons as inspectors

- Authorise persons as analysts

- Concur with Customs and Excise to remove imported foodstuffs to a place approach in terms of this subsection and make an order in respect thereof

- Decide that payment to be made by an importer of foodstuffs is acceptable and to accept a guarantee by means of the completion and signing by the importer of form GW 22/6

- Order by means of the completion of form GW 22/3 that imported foodstuffs be -

(a) confiscated and destroyed

(b) returned to port of shipment or place of origin

(c) may be imported on certain conditions

(d) shall be dealt within a specific manner

In addition to the above-mentioned, the Minister of Health has the authority to reach an agreement with a state/government outside the Republic of South Africa in order to apply the provisions of the Act in respect of foodstuffs imported through South Africa to such a country.

All imported foodstuffs must meet the compositional, labeling and other requirements as specified by the comprehensive set of regulations promulgated by the Minister in terms of the Act and of which a detailed list of the regulations presently enacted is included in Annexure A. Personnel of the Directorate provide an advisory service to manufacturers and prospective importers regarding compliance of their products to the requirements of the regulations in respect of labeling and advertising, additives and other compositional specifications, etc. Clarification on whether a product claiming to be a foodstuff needs to be registered as a medicine in terms of the Medicines and Related Substances Act, 1965 (Act 101 of 1965) can also be obtained from the Directorate, or from the Directorate: Medicines Administration of this Department.

A copy of Act 54 of 1972 and the regulations is available in printed format from a private company Butterworths Lex Patria Publishers in Durban (031-2683263), and in electronic format from, among other, the company Computerized Documentation Systems in Alberton, Gauteng Province.

At present, no prior certification of imported foodstuffs is required in terms of the mentioned Act and it is the responsibility of the importer to ensure that the products imported meet the provisions of both the Act and the regulations before it arrives in South Africa and is detained by Customs and Excise for health clearance by Port Health Services through inspection and sampling, if deemed necessary for compliance monitoring.

For more information on the role and responsibilities of the national Department of Health regarding the control of imported foodstuffs, the mentioned Directorates can be contacted. The contact details are as follows:

Department of Health

Directorate: Food Control

Private Bag X828 Tel no: +27-12-312 0185

Pretoria 0001 Fax no: +27-12-326 4374

South Africa E-mail: ventert@hltrsa..za

The Registrar of Medicines

Directorate: Medicines Control

Department of Health

Private Bag X828 Tel no: +27-12-312 0363

Pretoria 0001 Fax no: +27-12-324 4525

South Africa E-mail: matsop@hltrsa2..za

b) Provincial Health Departments

In terms of the new National Health Act, 2003 (Act 61 of 2003), the rendering of Port Health Services in South Africa, including the health related inspection and monitoring of imported foodstuffs, became the executive responsibility of the Environmental Health Services of the nine provincial health authorities.

Presently the control of imported foodstuffs, although remaining the statutory responsibility of the Director-General of the National Department of Health as indicated, is rendered by Port Health Officers employed by the provinces.

Co-ordination of Port Health Services regarding the control of imported foodstuffs between the nine provincial components and the Directorate: Food Control at national level is achieved through the Inter-provincial Port Health Committee, which meets biannually.

The four provinces render a full-time Port Health Service responsible for the control of most of the foodstuffs entering South Africa, while special arrangements are in place in the remaining provinces to control foodstuffs presently entering the country through inland border posts from neighboring countries. This aspect is further supported by regular bi-lateral liaison between officers of the Directorate: Food Control together with those of the respective provinces and their food control counterparts from neighboring countries.

The following details describe the operational procedures followed by Port Health Officers in respect of the control of consignments of foodstuffs entering the country.

DUTIES OF PORT HEALTH OFFICER TERMS OF THE FOODSTUFFS, COSMETICS AND DISINFECTANTS ACT, 1972 (ACT 54 OF 1972):

The Port Health Officer, who in terms of Section 10(1) of the Act, is authorised by the Director General, as an Inspector, shall be vested with the powers, duties and functions conferred or imposed on Inspectors by the Act.

The main function of the Port health Officer in terms of the Act is as follows:

1. To inspect all imported foodstuffs, cosmetics and disinfectants to ensure that they comply with requirements as stipulated in the Act and relevant Regulations.

2. To take and remove assessment of any foodstuffs, cosmetics and disinfectant, in terms of Section 11(1)(a) for chemical, bacteriological, histological, irradiation and labeling samples.

3. To grant extended health detentions in terms of Section 14 of the Act (Refer to the attached procedure).

PROCEDURE FOR THE REMOVAL OF IMPORTED CONSIGNMENTS TO IMPORTERS/CONSIGNEES PREMISES UNDER EXTENDED HEALTH DETENTION IN TERMS OF SECTION 14 OF THE FOODSTUFFS, COSMETICS AND DISINFECTANTS ACT, 1972 (ACT 54 OF 1972):

A. EXTENDED HEALTH DETENTION FOR FULL CONTAINER LOADS (F.C.L.):

a) Although all Full container Loads (F.C.L.) containing foodstuffs, cosmetics or disinfectants are detained for the Port Health Officer by the Controller of Customs, the intention is not to have these containerised imports dispatched to the Container Depot in all cases, but to authorise their direct removal from the off loading terminal to the Importer’s premises under Extended Health Detention in terms of Section 14(1) of the Foodstuffs, Cosmetics and Disinfectants Act 1972 (Act 54 of 1972).

b) The Importer’s agent will present the Port Health Officer with at least 3 copies of the Bill of Entry together with a completed Guarantee form, in terms of Section 14(2) of the Act.

c) The Port Health Officer will then in turn endorse thereon instructions authorizing removal of the container from the Container Terminal to the Importer’s premises under Extended Health Detention.

The agent, on behalf of the Importer/consignee, that these instructions will be complied with, has also made provision for the acceptance.

(Specimen of Extended Health Detention letter should be issued to the Agent as referral is made to “as documented” on the E.H.D. stamp).

d) 2 – 3 copies of the stamped Bill of Entry as well as the original Guarantee form is retained by the Port Health Officer to programme inspection/evaluation at the Importer’s premises.

e) The original Bill of Entry is retained by the Agent for further attention of the Terminal Container Operator.

f) Conditions:

Removal authorized in this way will, however, be subject to the following conditions:

i) Imported articles may be unpacked from the container at the Importer’s premises but should be kept intact and completely separate from other merchandise.

ii) Such articles may not be sold, alienated or removed from the premises until an inspection/evaluation has been carried out and the articles have been released disposed of in terms of Section 14(2) of the Act.

iii) Importers, through their Clearing Agents to arrange the inspection/evaluation of unpacked goods with the Port Health Officer. Such arrangements should be made timeously to obviate delays.

g) Importer’s and Port Health Officer’s copies of Bill of Entry are stamped with the final release stamp after inspection/evaluation of consignment revealed it to be fit for human consumption, to finally release it.

h) Documentation, on consignments imported to Provinces/Regions outside the jurisdiction of Port Health Officer’s or to an area out of reach within the Province/Region, should be forwarded to Port Health Officer/Environmental Health Officer in that area without delay (by fax, if possible), to reach them before consignment does, so as to enable them to programme inspection at importer’s premises.

B. EXTENDED HEALTH DETENTION FOR LESSER CONTAINER LOADS AND BREAK BULK CARGO (L.C.L.):

a) The majority of break bulk cargo or containers containing foodstuffs, cosmetics and disinfectants entered with the Department of Customs are automatically directed to Sheds in the Harbour, the Container Deport or designated Cold Storage. At this point the containers/cargo are unpacked, examined and released, or if necessary, sampled and further detained pending the outcome of a laboratory analysis or examination.

b) The Port Health Officer may, under the same procedures and conditions as referred to in F.C.L. Extended Health Detention, authorize a consignment or part thereof to be removed to the Importer’s premises until release or order has been issued.

c) The Port Health Officer will, however, endorse the Bill of Entries presented by the Agent with a LCL stamp as well as issue an Extended Health Detention letter to the Agent.

The attached diagram illustrates the procedures as described above

c) Local Authorities (metro and district municipalities)

The district health system, which includes local authorities, is responsible for the following broad functions:

- Health promotion

- Inter-sectoral collaboration

- Community participation

- Render health services to communities, inter alia, related to the control of imported foodstuffs:

- maintenance of its area in a hygienic condition

- investigating complaints

- enforcement of relevant legislation

- identification and control of health hazards

Local authorities presently have no direct function related to the control of imported foodstuffs and their activities in this regard generally focuses on monitoring and law enforcement of such products offered for sale within their areas of jurisdiction, especially regarding foodstuffs brought into the country illegally and without clearance by the Port Health authorities.

FOODSTUFFS, COSMETICS AND DISINFECTANTS ACT, 1972 (ACT 54 OF 1972)

PROCEDURE FOR IMPORTING FOODSTUFFS INTO SOUTH AFRICA

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EHO informs PHO of final outcome, PHO informs S.A. Customs accordingly

FULL CONTAINER LOADS (F.C.L.)

LESSER CONTAINER LOADS (LCL) / BREAK BULK

Importer removes consignment to its premises under prescribed conditions

Own location: PHO inspect/sample foodstuffs at importer’s premises

Other locations: PHO notifies EHO in other location of consignment (fax copy of relevant docs.) For inspection/sampling

PHO inspects/samples foodstuffs at harbour shed/ container depot

S.A. Customs notifies Port Health Officer (PHO) in accordance with Prohibitive List document

(refers importer to PHO)

PHO releases consignment by stamping B.o.E / C.N., or issue Order (GW22/3) for rejection (destruction or re-export) or corrective action

PHO/EHO releases consignment by stamping B.o.E/C.N, or issue Order (GW22/3) for rejection (destruction or re-export) or corrective action

PHO/EHO sends samples to departmental laboratory in

Cape Town/Pretoria (chemical) or NHLS (microbiological)

PHO issues “Extended Health Detention” (E.H.D) by stamping (C.N.) / B.o.E.

Importer provides copies of B.o.E or Customs Notification (C.N), R.918 cert & completed Guarantee (GW22/6) to PHO

Importer files “Bill of Entry” (B.o.E) or electronic documents with S.A. Customs

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