Prohibition is the official act of denying, disallowing or preventing a person or an entity from carrying out specific activities. In terms of Regulation R638 of 2018, a prohibition on the handling and transportation of food may be issued by Environmental Health Inspectors (EHI). They may decide to issue a prohibition order to the Person In Charge with assistance from law enforcement agencies. The EHP will do that if they believe that the food handling environment may jeopardise the safe handling of food, leading to a consumer health risk.
What is the Procedure for issuing Prohibition?
The Prohibition may be issued if the Health Practitioner has reasonable grounds to believe the premises could risk consumer health. The local authority may summarily prohibit using the food premises or facility for handling food or any activity relating to handling food. The Prohibition will be issued in writing to the owner or the person in charge, informing them of the reasons for the Prohibition. Prohibition comes into operation from the time and date on which a prohibition order is served under.
How long does the Prohibition last?
Prohibition is effective immediately when it is issued. The Person In Charge of the concerned food establishment will be given a notice period to rectify the condition that led to such a prohibition order. The prohibition period or duration will vary from one situation to another. A person is guilty of an offence if they perform an act contrary to a prohibition order.
Conditions that will lead to a prohibition order issued:
The following conditions and circumstances could suffice an inspector to issue a prohibition letter to the food facility concerned as per Regulation 4 of R638:
2(a) the condition of the food premise;
If the condition of the food premise is in such a manner that it poses a danger to consumer health, the EHI may prohibit trading. An example will be if the food handling premises are built to have a real risk of food contamination.
2(b) how the facility is used;
Food facilities shall be kept under the highest standard of hygiene and be used for the purpose it was intended for. Suppose an EHI establish that a food premise is also used for sleeping purposes, then they can decide to issue a prohibition order to stop operations.
2(c) the food premise does not comply with the regulation under R638;
Legally, it is required that every food facility attain its Certificate of Acceptability (COA) from the local authority or municipality before selling food to the public. Upon random inspection, an inspector may issue a food facility with a probation order to continue trading until it attains its COA.
2(d) how a particular activity takes place regarding food handling and the circumstances about a food premise.
Food must be protected from physical chemicals, allergens and biological hazards. For example, suppose the EHI believes that pest infestation in an FHO will impact the safety of food. In that case, they may temporarily issue the facility with a prohibition order.
2(e) of the circumstances that exist concerning the food premises or facility or any other activity
The circumstances surrounding the food premise could warrant an EHI to order the business to close down in an event where the external environment has excessive dust, soot deposit, offensive odours etc. Once an inspector has issued a food premise with a prohibition order following the above circumstances and conditions regarding the facility, it is prudent to know that the prohibition order comes into operation or becomes effective immediately. It is an offence to act against the probation order; therefore, a person would be found guilty contrary to such a charge.
What are the Corrective actions for the Prohibition?
The person in charge of the affected food premise, after rectifying the condition which led to the issuing of a prohibition order, in writing, may request the removal of the prohibition order. Within three working days of receiving a written request to remove the prohibition order, the inspector must investigate the food facility to verify if the circumstances that gave rise to the Prohibition are rectified. Upon completion of the investigation by the inspector, the local authority must inform the owner of the food premises in writing that the prohibition order has been withdrawn or remains.
Conclusion
In essence, it is the consumers right to be provided with safe and quality food that does not pose any health risks. Therefore, an inspector acts in the best interest of the consumers by ensuring that FHO is fully compliant with regulation R638. In addition, complying with the regulation will benefit the food premise extensively in enhancing hygiene practices and food safety practices. This increases the consumers’ confidence in the brand and/or product and the business.
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Key facts
- A prohibition order is the official act of denying, disallowing or preventing a person or entity from carrying out specific food-handling activities that could risk consumer health.
- Environmental Health Inspectors (EHI), with assistance from law enforcement, may issue prohibition orders under Regulation R638 of 2018 in South Africa.
- The order must be issued in writing to the owner or person in charge, state the reasons, and becomes effective immediately from the time and date it is served.
- Triggers include the condition of the premises, misuse of facilities (e.g. sleeping on food premises), lacking a Certificate of Acceptability (COA), poor hazard control, pest infestation, dust, soot or offensive odours.
- Performing any act contrary to a prohibition order is an offence.
- After correcting the problem, the person in charge submits a written request, and inspectors must investigate within three working days to decide whether to withdraw or maintain the order.
Frequently asked questions
What is a prohibition order on food handling in South Africa?
A prohibition order is the official act of denying, disallowing or preventing a person or entity from carrying out specific food-handling activities. It is issued when the food-handling environment may jeopardise the safe handling of food and lead to a consumer health risk. In South Africa these orders are governed by Regulation R638 of 2018.
Who can issue a prohibition order on food premises?
Environmental Health Inspectors (EHI) issue prohibition orders, with assistance from law enforcement agencies. The inspector must have reasonable grounds to believe the premises could risk consumer health. The order is issued in writing to the owner or person in charge and must state the reasons for it.
When does a food prohibition order take effect?
A prohibition order becomes effective immediately when it is issued. It comes into operation from the time and date on which it is served on the owner or person in charge. Performing any act contrary to the prohibition order is an offence.
What conditions can trigger a prohibition order under R638?
Triggers include the condition of the premises posing a danger or contamination risk, facilities not being used for their intended purpose (such as sleeping on food premises), not having a Certificate of Acceptability (COA), and inadequate protection of food from physical, chemical or biological hazards. Pest infestation, excessive dust, soot and offensive odours can also trigger a prohibition.
How is a prohibition order lifted or withdrawn?
After rectifying the conditions that caused the order, the person in charge submits a written request to have it removed. Within three working days of receiving that request, the inspector must investigate. The inspector then determines whether to withdraw or maintain the prohibition order.
Do I need a Certificate of Acceptability for a food facility?
Yes. The article states that legally every food facility must attain its Certificate of Acceptability (COA) from the local authority. Non-compliance, including operating without a COA, is one of the conditions that can trigger a prohibition order under Regulation R638 of 2018.