Draft Municipal Health Services Bylaws PDF

DRAFT MUNICIPAL HEALTH BYLAWS O.R. TAMBO DISTRICT MUNICIPALITY 1 DRAFT MUNICIPAL HEALTH SERVICES BY-LAWS [MUNICIPALITY RESOLUTION: [Date of Commencement: [_________________] The objective of the bylaws is to enable the Municipality to promote and protect the health and well-being of all people within the municipal area by providing an effective legal and administrative framework, in conjunction with any other applicable laws, within which the municipality develop and manage its municipal health service obligations. BE IT ENACTED by the Council of the O.R.Tambo District Municipality, as follows: 2 TABLE OF CONTENTS CHAPTER 1 INTERPRETATION AND FUNDAMENTAL PRINCIPLES 1. Definitions and interpretation 2. Purpose CHAPTER 2 PUBLIC HEALTH Part 1: Public health principles 3. Principles 4. Application of Principles Part 2: Public health hazards and public health nuisances 5. Prohibition on causing public health hazards 6. Duty to report public health hazards 7. Prohibition on causing public health nuisances CHAPTER 3 POTENTIALLY HAZARDOUS USES OF PREMISES AND ENFORCEMENT Part 1: Potentially hazardous uses 8. Definitions 9. Duty to list potentially hazardous uses 10. Scheduled uses 11. Exemption certificates 12. Public health permits 13. Approval of measures, objects and materials 14. Application procedure 15. General terms applicable to certificates and permits 16. Suspension, cancellation and amendment of exemption certificates and permits 3 CHAPTER 4 SANITARY SERVICES 17. Compulsory connection to municipal sewage system 18. Prohibition against obstruction of sanitary services 19. Requirements in respect of toilet facilities 20. Toilets for workers 21. Prohibition against use of a bucket toilet under the same roof as a dwelling 22. Conditions of toilets, urinals, backyards and refuse areas 23. Provision of tank for waste liquids in areas without sewers 24. Pumping of contents of underground tank to surface tank 25. Blocked or defective outlet pipes 26. Prohibition against urine in slops tanks CHAPTER 5 PRIVATE SEWAGE WORKS 27. Permit for provision of service for the removal of human excrement or urine 28. Permit for installation of sewage works 29. Maintenance of sewage works 30. Disposal of sewage, sewage effluent and wastewater without causing a public health nuisance and/or hazard 31. Compulsory use of Municipality’s sewage removal service CHAPTER 6 WATER 32. Definitions 33. Pollution of sources of water supply 34. Dangerous wells, boreholes and excavations 35. Provision of adequate water supply 36. Use of water from sources other than the municipal supply 37. Furnishing of particulars of the source of water 38. Notice of the sinking or digging of a boreholes or wells 4 39. Storm water runoff from premises which may impact on public health 40. Containment of waste water CHAPTER 7 FOOD CONTROL 40. Definitions 41. Requirements for food handling premises 42. Prohibition on the handling and transportation of food 43. Standards and requirements for food premises 44. Standards and requirements for facilities on food premises 45. Standards and requirements for food containers 46. Standards and requirements for displays, storage and temperature of food 47. Standards and requirements for protective clothing 48. Duties of a person in charge of food premises 49. Duties of a food handler: personal hygiene 50. Standards and requirements for the handling of meat (butchery) 51. Requirements for meat handling 52. Street trading requirements 53. Standards and requirements for the transportation of food 54. General requirements for vending carts 55. Sale of food through a food vending machine 56. Procedure for application of sale of food from vending machines 57. Prohibition on the production of milk except in an approved milking shed 58. Standards and requirements 59. Milk containers and milking machine 60. Handling of milk 61. Personal hygiene – milkers and handlers of milk 62. Standards and requirements for transport of milk 63. Offences and penalties 5 CHAPTER 8 ENVIRONMENTAL POLLUTION 64. Noise pollution 65. Land pollution control 66. Water pollution control CHAPTER 9 AIR POLLUTION Part 1: Interpretation and fundamental principles 67. Definitions Part 2: Duty of care 68. Persons causing air pollution 69. Designation or appointment of the Air Quality Officer and Environmental Management Inspectors 70. Establishment of Atmospheric Emissions Licensing system 71. Licensing Authority Part 3: Smoke emission from premises other than dwellings 72. Application 73. Prohibition 74. Installation of fuel burning equipment 75. Transitional arrangement in respect of authorized fuel burning equipment 76. Operation of fuel burning equipment 77. Presumption 78. Installation and operation of obscuration measuring equipment 79. Monitoring and sampling 80. Exemption Part 4: Smoke emissions from dwellings 81. Restriction to emission of dark smoke Part 5: Emissions from compressed ignition powered vehicles 82. Prohibition 6 83. Stopping of vehicles for inspection and testing 84. Testing procedures 85. Repair notice Part 6: Emissions caused by open burning 86. Open burning of material on any land 87. Emission caused by tyre burning and burning of rubber and other material for the recovery of metal Part 7: Pesticides and crop spraying 88. Spraying of a pesticide, herbicide or other related material Part 8: Spray painting emissions 89. Control of spray painting emissions Part 9: Offensive odours 90. Control of offensive orders Part 10: Fume nuisance 91. Control of fumes Part 11: Sand blasting emissions 92. Control of sand blasting emissions PART 12 Part 12: Dust nuisance 93. Control of dust nuisance Part 13: Emissions that cause a nuisance 94. Prohibition 95. Abatement nuisance 96. Steps to abate nuisance Part 14 97. Appeals Part 15 98. General provisions 7 Part 16 99. Offences and penalties Part 17 100. Exemptions Part 18 101. Savings CHAPTER 10 HEALTH CARE RISK WASTE 102. Definitions 103. Separation at source and marking 104. Duties of transporter 105. Disposal of health care risk waste 105. Duty of register 107. Powers of Environmental Health Practitioner 108. Offences CHAPTER 11 HAZARDOUS WASTE 109. Applicable legislation 110. Storage of hazardous waste CHAPTER 12 OFFENSIVE TRADES 111. Definitions 112. Permit requirement 113. Requirement for premises 114. Duties of offensive traders 115. Liquid refuse from bone and tripe boiling 116. Liquids, tanks and tubs in leather making 117. Storage of rags, bones and waste 8 CHAPTER 13 SECOND-HAND GOODS 118. Definitions 119. Requirements for premises 120. Duties of second-hand goods traders CHAPTER 14 HAIRDRESSING, BEAUTY AND COSMETOLOGY SERVICES 121 Definitions 122. Permit requirement 123. Requirement for premises 124. Duties of salon operators 125. Required minimum health standards for the operation of a salon 126. Prohibition against the use of salon premises for other purposes CHAPTER 15 DRY-CLEANING AND LAUNDRY ESTABLISHMENTS 127. Definitions 128. Premises for dry-cleaning or laundry businesses 129. Premises for dry-cleaning or laundry receiving depots 130. Premises for coin operated laundries 131. General requirements for dry-cleaning and laundry businesses CHAPTER 16 SWIMMING POOLS AND SPAR-BATHS 132. Definitions 133. Requirements for premises 134. Duties of spa-bath keepers 9 135. Duties of swimming pool keepers 136. Water supply 137. Safety of water 138. Order and behaviour CHAPTER 17 ACCOMMODATION ESTABLISHMENTS 139. Definitions 140. Permit requirement 141. Requirement for premises of accommodation establishments 142. Duties of operators of accommodation establishments CHAPTER 18 CHILD CARE SERVICES 143. Definitions 144. Application of Guidelines 145. Health Certificate 146. Requirements of premises for Accommodation of Children between three and seven years 147. Requirements of premises for children under two years 148. After-school care facilities 149. General duties and liabilities for compliance with regulations 150. Resting and Play Equipment 151. Medical care for Children 152. Safety Measures 153. Application for Admission 154. Registers 155. Medical Report 156. Food Preparation 157. Right of entry and inspection of premises and records 158. Journal 10 159. Suspension or termination of operations 160. Offences 161. Withdrawal of health certificate CHAPTER 19 NURSING HOMES 162. Requirements CHAPTER 20 CARAVAN PARKS AND CAMPING GROUNDS 163. Definitions 164. Camping permit 165. Requirements for premises 166. Sanitary facilities CHAPTER 21 KEEPING OF ANIMALS 167. Definitions Part 1: General provisions relating to the keeping of animals 168. Application of Chapter Part 2: Keeping of cattle, horses, mules and donkeys 169. Requirements for premises 170. Duties of keeper of cattle, horse, mules and donkeys Part 3: Keeping of goats and sheep 171. Application 172. Requirements for premises 173. Duties of keeper of goats and sheep Part 4: Keeping of poultry 174. Application 175. Permit requirement 176. Requirement for premises 11 177. Duties of keepers of poultry Part 5: Keeping of rabbits 178. Application 179. Permit requirement 180. Requirement for the premises 181. Duties of keepers of rabbits Part 6: Keeping of birds other than poultry 182. Requirement for the premises 183. Duties of keepers of aviaries Part 7: Kennels and catteries 184. Requirements for premises 185. Food preparation areas 186. Duties of keepers of kennels or catteries Part 8: Pet shops and pet parlous 187. Requirements for premises 188. Duties of pet shop or pet parlour keepers Part 9: Keeping of wild animals 189. Requirements for the premises 190. Duties of keepers of wild animals Part 10: Keeping of Pigs 191. Requirements for premises 192. Duties of keepers of pigs Part 11: Keeping of pets 193. Duties of keepers of pets Part 12: General provisions 194. Drainage 195. Requirements for keeping of bees 196. Illness attributable to animals, poultry or birds 12 CHAPTER 22 RITUAL SLAUGHTER 197. Requirements CHAPTER 23 OPERATION AND MANAGEMENT OF INITIATION SCHOOLS 198. Definitions 199. Reporting and registration of an initiation school 200. Permission to conduct an initiation school 201. Admission to an initiation school 202. Duties of a traditional surgeon at an initiation school 203. Duration of an initiation school 204. Treatment of initiates 205. Cultural ethics and inspection of an initiation school CHAPTER 24 DISPOSAL OF THE DEAD 206. Definitions Part 1: Funeral undertakers’ premises and mortuaries 207. Application 208. Exemption Part 2: Certificate of competence 209. Issue of a certificate of competence 210. Application for the issue or transfer of a certificate of competence 211. Issue or transfer of certificate of competence 212. Validity and transfer of certificate of competence 213. Issue of provisional certificate of competence 214. Duties of holder 215. Suspension or revocation of a certificate of competence or provisional certificate of competence 216. Requirements relating to funeral undertakers and mortuary premises 13 217. Hygiene requirements for funeral undertaker’s mortuary premises Part 3: Handling and disposal of mortal remains BURIAL IN EXCAVATED LAND GRAVES 218. Burial sites and burials 219. Disposal of mortal remains by cremation 220. Issue of a cremation permit 221. Minimum requirements for a cremation facility 222. Register for cremation 223. Application to exhume a body, body ashes and reburial of human remains Part 4: Exhumation and reburials of human remains 224. Authorization for exhumation of human remains 225. Exhumation requirements 226. Reburial of human remains Part 5: Conveyance (transportation, importation and exportation) of mortal remains 227. Conveyance of mortal remains 228. Conveyance of remains on public transportation Part 6: Handling of radioactive corpses 229. Storage 230. Embalming 231. Cremation 232. Burial Part 7: General provisions 233. Appeals 234. Offences CHAPTER 25 DISEASE SURVEILLANCE 235. Definitions 236. Infectious diseases and quarantine 14 237. Children suffering from diseases restricted as regards attending schools 238. Unburied bodies 239. Persons dying from infectious diseases 240. By-laws as to disposal of body 241. Vehicles 242. Disinfection of vehicles 243. Transportation of body through the municipal area 244. Driver or owner of vehicle to be notified 245. Knowingly letting infected house 246. Entry by health practitioner on suspected premises 247. Relating to typhus 248. Offences and penalties CHAPTER 26 MISCELLANEOUS 249. Duties of Municipality 250. Appointment and identification of Environmental Health Practitioner 251. General powers of an Environmental Health practitioner 252. Compliance notice 253. Prohibition notice 254. Withdrawal of prohibition notice 255. Service of notices or other documents 256. Demolition orders municipal remedial work 257. Municipal remedial work 258. Cost orders 259. Appeals 260. Offences 15 SCHEDULE 1 PUBLIC HEALTH NUISANCES 1. General nuisances 2. Pest control 3. Air pollution 4. Fouling and littering on public places and open spaces SCHEDULE 2 SCHEDULED USES Part A: Activities for which a permit is required. Part B: Scheduled uses APPLICATION TO THE STATE REPEAL SHORT TITTLE 16 CHAPTER 1 INTERPRETATION AND FUNDAMENTAL PRINCIPLES Definitions and interpretation 1. (1) In these By-laws, unless the context otherwise indicates - “adequate” when used to describe a standard or manner in which anything required by these By-laws must be done, means the standard or manner that, in the opinion of an Environmental Health Practitioner, is sufficient to safeguard public health, and to achieve the purpose and apply the principles of these By-laws and “adequately” has a corresponding meaning: “approved” when used to describe a particular object, measure or material, means an object, measures or material which has been approved in terms of section 13 as being adequate in specified circumstances to prevent, or reduce to a level acceptable to the Municipality, the risk of any public health hazard or public health nuisance occurring, continuing or recurring: “authorised official” means any official of the Municipality who has been authorised by the Municipality to administer, implement and enforce the provisions of these By-laws “communicable diseases” means any disease which can be communicated directly or indirectly from any animal or through any agent to any person or from any person suffering there from or who is a carrier thereof, to any other person; “Municipality” means – (a) The O.R.Tambo District Municipality established in terms of Chapter 2 of the Local Government : Municipal Structures Act, 1998 (Act 117 of 1998), exercising its legislative and executive authority through its Municipality: or (b) its successor in title; or (c) a structure or person exercising a delegated power or carrying out an instruction, where any power in these By-laws has been delegated or sub-delegated, or an instruction given, as contemplated in section 59 of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000), as amended. ; or (d) a service provider fulfilling a responsibility under these By-laws, assigned to it in terms of section 81 (2) of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000), or any other law, as the case may be; “dwelling” means any house, room, shed, hut, tent, cave, container, shelter, vehicle boat or any other structure or place whatsoever, any part of which is used or appears intended for use by any human being for sleeping or in which any human being dwells or sleeps and “room” has a corresponding meaning; “environmental health” means those aspects of human health, including quality of life, that are determined by physical, chemical, biological, social and psychosocial factors in the 17 environment. It also refers to the theory and practice of assessing, correcting, controlling and preventing those factors in the environment that can potentially adversely affect the health of present and future generations. “Environmental Health Practitioner” means an official appointed by the Municipality in terms of The National Health Act, 2003 (Act 61 of 2003),as amended, and who is duly registered as an Environmental Health Practitioner with the Health Professions Council of South Africa in terms of Section 34 of the Health Professions Act, 1974 (Act 56 of 1974), as amended. “exemption certificate” means a certificate issued in terms of section 11 “hot water” means water which has a minimum temperature of 55°C at the point of discharge; “municipal area” means the area under the jurisdiction of the Municipality; “municipal manager” means a person appointed as such by the Municipality in terms of section 54A of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000), as amended; “National Building Regulations and Building Standards Act” means the National Building Regulations and Building Standards Act, 1977 (Act No. 103 of 1977) as amended; “occupier”, in relation to any premises, means any person – (a) occupying the premises; (b) leasing the premises; (c) who is not occupying the premises but is entitled to do so; or (d) who manages the premises or a business on the premises on behalf of a person referred to in paragraph (a), (b) or (c) ; “organ of state” means an organ of state as defined in section 239 of the Constitution of the Republic of South Africa Act, 1996 (Act 108 of 1996), as amended. “owner”, in relation to any premises, means – (a) the person in whose name the title to the premises is registered, and includes the holder of a stand or (b) if the person referred to in paragraph (a) is dead, insolvent, mentally ill, a minor or under any legal disability, the executor, guardian or other person who is legally responsible for administering that person’s estate; “permit” means a public health permit issued by the Municipality in terms of the section 12; “person” means a natural person or a juristic person, and includes an organ of state; “pest” means any animal, reptile, insect or mammal, which may create a public health hazard or public health nuisance if it is present in significant numbers and including but not limited to rats, mice, flies, mosquitoes, bed bugs, fleas, lice, termites and cockroaches; 18 ‘potable water” means water that complies with the requirements set out in SANS241- 1: Water for Domestic Suppliers; “premises” means – (a) any land without any buildings or other structure on it; (b) any building or other structure and the land on which is situated; (c) any land which adjoins land referred to in paragraph (a) or (b) and any building or other structure on the adjoining land, if that land, building or structure is occupied or used in connection with any activity carried out on the premises referred to in paragraph (a) or (b) ; or (d) any land on which a caravan park or camping ground situated; or (e) any vessel, vehicles or movable structure which is used for a scheduled use; “prescribed fee” means a fee determined by the Municipality by resolution in terms of section 75A of the Local Government: Municipal System Act, 2000 (Act 32 of 2000) as amended; “public health” means the art and science which aims at preventing disease, prolonging life and promoting health through the organized efforts of society and includes the mental and physical health and well-being of people in the municipal area: “public health hazard” means any actual threat to public health, and without limitation, includes – (a) the circumstances referred to in section 5(3) (b) unsanitary conditions (c) circumstances which make it easier for a communicable disease to break out or spread; (d) circumstances which make food or drinks, including water for domestic consumption, unhygienic or unsafe to eat or drink; and (e) circumstances which allows pests to infest any place that may affect public health; “public health nuisance” means the use of any premises or place in a manner which creates conditions that significantly increase the risk of a public health hazard occurring or which compromises any aspect of public health to an extent that is more than trivial or insignificant, and without limitation, includes those circumstances in which a public health nuisance is considered to exist in terms of Schedule 1; “public place” means any road, street, thoroughfare, bridge, overhead bridge, subway, foot pavement, footpath, sidewalk, lane, square, open space, garden park, path, bus or taxi rank, servitude or enclosed space vested in the Municipality and includes any road, place or thoroughfare which is in the undisturbed use of the public or which the public have the right to use, and includes a public place as defined in the Tobacco Control Amendment Act 12 of 1999. “scheduled use” means a use listed in Schedule 2. 19 (2) Unless the context otherwise indicates, any word or expression which is defined in any Chapter, has the same meaning wherever it is used in these By-laws. (3) If any provision in these By-laws vests or imposes any power, function or duty of the Municipality in or on an employee of the Municipality and such power, function or duty has in terms of section 81 (2) of the Local Government: Municipal System Act, 2000, or any other law, been assigned to a service provider, the reference to such employee must be read as a reference to the service provider or, where applicable, an employee of the service provider authorized by it. PURPOSE 2. The Municipality being aware of the constitutional rights of every person to an environment that is not harmful to his or her health or well – being, and the principles that underlines the National Health Act, 2003 ( Act 61 of 2003 ) as amended, and the National Environmental Management Act, 1998 (Act 107 of 1998 ) as amended, adopts these By- laws with the purpose that these By-laws will enable the Municipality to set minimum environmental health standards to prevent diseases, prolong life, protect and promote the long term health and wellbeing of people in the Municipal area by: (a) providing, in conjunction with other applicable laws, an effective legal and administrative framework within which the municipality can develop and manage its Municipal Health Services obligations by: (i) managing and regulating activities that have the potential to impact adversely on public health; and (ii) requiring premises to be properly maintained and managed ;and (b) defining the rights and obligations of the Municipality and the public in relation to this purpose. 20 CHAPTER 2 PUBLIC HEALTH Part 1: Public health principles PRINCIPLES 3. (1) Every person has a constitutional right to an environment that is not harmful to his or her health or well-being and to have access to sufficient water and the municipality has a constitutional duty to strive, within its financial and administrative capacity, to promote a safe and healthy environment as per Section 24 and 27 of the Republic of South Africa Constitution 1996 (Act 108 of 1996), as amended. (2) The risk of a public health hazard occurring, continuing or recurring must be eliminated wherever reasonably possible, and if it is not reasonably possible to do so, it must be reduced to a level acceptable to the Municipality. (3) Any person who owns or occupies premises in the municipal area must ensure that it is used for and maintained in a manner that ensures that no public health hazard or public health nuisance occurs on the premises. (4) Any person who wishes to undertake an activity which creates a risk to public health that is more than trivial or insignificant must -(a) take all reasonable measures to eliminate that risk, and if that is not reasonably possible, to reduce the risk to a level acceptable to the Municipality; and (b) bear the costs of taking those measures and of any reasonable costs incurred by the Municipality in ensuring that the risk is eliminated or reduced to an acceptable level. (5) The Municipality must regulate all activities and administer all matters for which it is legally responsible in a manner that -(a) avoids creating a public health hazard or a public health nuisance; (b) does not make it easier for any human or animal disease to spread; (c) does not give rise to unsanitary or unhygienic conditions; (d) prevents unsafe food or drink from being consumed ; (e) avoids creating conditions favourable for infestation by pests; or (f) wherever reasonably possible, improves public health in the municipal area. (6) In dealing with matters affecting public health the Municipality must – (a) adopt a cautious and risk averse approach; (b) prioritise the collective interest of the people of the municipal area, and of South Africa, over the interests of any interest group or sector of society; 21 (c) take account of historic inequalities in the management and regulation of activities that may have an adverse impact on public health and redress these inequalities in an equitable and non-discriminatory manner; (d) adopt a long-term perspective that takes account of the interests of future generations; and (e) take account of, and wherever possible without compromising public health, minimize any adverse effects on other living organisms and ecosystems. APPLICATION OF PRINCIPLES 4. The public health principles set out in section 3 must be considered and applied by any person - (a) exercising a power or function or performing a duty under these By-laws; (b) formulating or implementing any policy that is likely to have a significant effect on, or which concerns the carrying on of activities likely to impact on, public health in the municipality area; or (c) exercising a public power or function or performing a public duty in the municipal area which is likely to have a significant effect on public health in that area. Part 2: Public health hazard and public health nuisances Prohibition on causing public health hazards 5. (1) No person may create a public health hazard anywhere in the municipal area. (2) Every owner or occupier of premises must ensure that a public health hazard does not occur on those premises. (3) An owner or occupier of premises creates a public health hazard if: (a) the premises are infested with pests; (b) there are conditions on the premises which are conducive to the spread of a communicable disease or which may cause a non-communicable disease; (c) there is any unsanitary condition in any part of the premises; or (d) any water supply for domestic consumption on the premises is unsafe for human consumption. Duty to report public health hazards 6. The owner or occupier of premises who knows of a public health hazard on those premises, must within 24 hours of becoming aware of its existence -(a) eliminate the public health hazard; or (b) if the owner or occupier is unable to comply with paragraph (a), take reasonable steps to reduce the risk to public health and forthwith report the existence of the public health hazard to the Environmental Health Section of the municipality in writing. 22 Prohibition on causing a public health nuisance 7. (1) No person may cause a public health nuisance anywhere in the municipal area. (2) Every owner or occupier of premises must ensure that a public health nuisance does not arise on those premises. CHAPTER 3 POTENTIALLY HAZARDOUS USES OF PREMISES AND ENFORCEMENT Definitions 8. “Vicinity” the area as seen in the context of the problem which could range from adjacent premises up to an entire neighbourhood. Part 1: Potentially hazardous uses Duty to list potentially hazardous uses 9. If the Municipality reasonably believes that any premises have been, or are likely to be, used for a purpose or in a manner that has caused, or is likely to cause, a public health hazard or to create a public health nuisance unless reasonable measures are taken to avoid the risk or to reduce it to an acceptable level, the Municipality must list the activity concerned in Schedule 2 and must prescribe measures that must be taken to avoid the risk or reduce it to a level acceptable to the Municipality. Scheduled uses 10. (1) Any person who uses premises in a manner or for a purpose listed in Schedule 2 must comply with every provision specified in the Chapter of these By-laws relating to that use, unless that person has been granted an exemption in terms of section 11 from complying with any such provision. (2) Any person who uses premises in a manner or for a purpose that is listed in Part A of Schedule 2, must obtain a permit in terms of section 12 before commencing that use and must comply with the terms and conditions of that permit. Exemption Certificates 11. (1) Any person who wants to undertake a scheduled use on any premises but wishes to be exempted from complying with any requirement of these By-laws relating to the use concerned, may apply to the Municipality in accordance with section 14 for an exemption certificate. (2) The Municipality may grant an exemption certificate, subject to such condition as it may impose, if an Environmental Health Practitioner is satisfied that – (a) the measures taken to avoid or reduce the risk to public health arising from the scheduled use are equivalent to or better than the measures required by the relevant requirement of these By-laws; and 23 (b) the scheduled use in respect of which the exemption is required, is not likely to cause a public health hazard or a public health nuisance. Public health permits 12. (1) Any person who wants to undertake a scheduled use that is listed in Part A of Schedule 2, must apply to the Municipality’s Department responsible for Environmental Health in accordance with section 14 for a public health permit. (2) The Municipality may issue a public health permit to the owner or occupier of any premises, if an Environmental Health Practitioner is satisfied that the use for which the permit is required is not likely to cause a public health hazard or a public health nuisance. (3) A public health permit – (a) must be issued subject to conditions aimed at reducing the risk to public health created by the scheduled use, to a level acceptable to the Municipality (b) may exempt the permit holder from complying with any relevant provision of these By- laws, if the Municipality reasonably believes that the permit requires the permit holder to take measures to avoid or reduce the risk to public health arising from the activity that are equivalent to, or better than, the measures required by the relevant provision of these By- laws; and (c) may approve any measure or material in connection with the activity authorized by the permit that must be approved in terms of these By-laws. Approval of measures, object and materials 13. (1) The Municipality may approve, provided that the said approval is not in conflict with any other legal requirement, any object or material used, or any measure taken, in specified circumstances as being adequate to eliminate the risk of any public health hazard or public health nuisance occurring, continuing or recurring, or to reduce that risk to a level acceptable to the Municipality. (2) An object, material or measure referred to in subsection (1) may be approved by the Municipality in – (a) a public health permit; or (b) guidelines prescribed by the Municipality in terms of subsection (3) (3) The municipality may publish guidelines in the Provincial Gazette which describe - (a) appropriate measures that can be taken and objects and materials that can be used, to eliminate the risk of any public health hazard or public health nuisance occurring, continuing or recurring, or to reduce that risk to a level acceptable to the Municipality; and (b) the circumstances in which taking these measure or using these objects or materials are acceptable to the Municipality. 24 Application procedure 14. (1) Any person who wants to obtain an exemption certificated or a permit must apply to the Municipality’s Department responsible for Environmental Health in writing in a form attached as Annexure 1, prior to undertaking the schedule use concerned. (2) When the Municipality receives an application contemplated in subsection (1), it must ensure that the relevant premises concerned are inspected by an Environmental Health Practitioner within 14 days. (3) Before deciding whether or not to approve an application contemplated in subsection (1), the Municipality – (a) must ensure that any persons in the vicinity of the premises whose health or well-being may be affected if the premises are used for the scheduled use concerned, have been consulted and have had an opportunity to make representation; and (b) may require the applicant to provide any further information which the Municipality considers relevant to enable it to make an informed decision. (4) In deciding whether or not to issue an exemption certificate or a permit, and what terms and conditions, if any, to include in it, the Municipality must apply the public health principles set out in section 3. General terms applicable to certificates and permits 15. (1) An exemption certificate or a permit – (a) is not transferable from one person to another; and (b) applies only to the premises specified in that certificate or permit. (2) Every exemption certificate or permit must – (a) specify the address and other relevant details regarding the location of the premises concerned; (b) describe the premises concerned; (c) describe the activity concerned; (d) specify terms and conditions imposed, if any, and (e) indicate the expiry date (3) An applicant must pay a prescribed fee, if determined by the Municipality, in respect of an application for a permit or exemption certificate and such fee must accompany the application. (4) The Municipality may refuse to consider an application until it has been provided with the information that it reasonably requires to make an informed decision and until the prescribe fees has been paid. 25 Suspension, cancellation and amendment of exemption certificates and permits 16. (1) An Environmental Health Practitioner may by written notice to the holder of an exemption certificate or permit, suspend, amend or cancel that certificate or permit, after having informed such holder of the reasons for such an exemption certificate or permit being cancelled or suspended. (2) An Environmental Health Practitioner may suspend or cancel an exemption certificate or permit with immediate effect – (a) If the Environmental Health Practitioner reasonably believes that it is urgently necessary to do so to eliminate or to reduce a significant risk to public health posed by a public health hazard or a public health nuisance, or (b) If the holder of such certificate or permit fails to comply with a compliance or prohibition notice as contemplated in these bylaws which is stated that such certificate or permit may be suspended or cancelled without further notice if the holder fails to comply with that notice, and (c) in terms of The Municipal Systems Act (Act 32 of 2000), Chapter 3, 8(2) of this Act (3) An Environmental Health Practitioner may suspend or cancel an exemption certificate or permit after having given the holder thereof a reasonable opportunity of making representations as to why the permit or exemption certificate should not be suspended or cancelled if – (a) The Environmental Health Practitioner reasonably believes that it is desirable to do so to eliminate or reduce the risk to public health posed by a public health hazard or a public health nuisance; or (b) The holder of such certificate or permit contravenes or fails to comply with any relevant provision of these By-laws. (4) An Environmental Health Practitioner may amend an exemption certificate or permit by endorsing such certificate or permit or by written notice to the holder thereof, if the Environmental Health Practitioner reasonably believes that it is necessary to do so to protect public health or to take account of changed circumstances since the exemption certificate or permit concerned was issued. 26 CHAPTER 4 SANITARY SERVICES Compulsory connection to municipal sewage system 17. Every owner of premises to which a municipal sewage service is available, must ensure that all waste drainage pipes from any bath, wash hand basin, toilet, shower, kitchen sink, washing machines and dish washers are connected to the municipality sewer in an approved manner. Prohibition against obstruction of sanitary service 18. No person may prevent, obstruct or interfere with any sanitary service provided by the Municipality. Requirements in respect of toilet facilities 19. Every owner of premises must ensure that the number of toilets provided on those premises comply with the provisions of the National Building Regulations and Building Standard Act or any other applicable legislation. Toilets for workers 20. (1) Every contractor must provide his or her workers with toilet facilities as prescribed by the National Building Regulations and Building Standards Act or any other applicable legislation (2) No temporary toilet may be erected or placed on any pavement or other public place without the written approval of Municipality. Prohibition against use of a bucket toilet under the same roof as a dwelling 21. No person may provide, erect, retain or use any bucket toilet inside, or under the same roof, as a dwelling. Condition of toilets, urinals, backyards and refuse areas 22. Every owner or occupier of any premises must keep every backyard; refuse area, toilet, and urinal in a sanitary condition and good state of repair. Provision of tank for waste liquids in areas without sewers 23. (1) Any owner of premises not connected to a public sewer or not provided with other adequate measures for the disposal of waste liquid, must provide the premises with a tank big enough to contain the sewage and waste water produced on the premises. (2) Subject to the provisions of subsection (3), premises referred to in subsection (1), must be equipped either with – 27 (a) an overhead tank placed in a way that its contents can be gravity fed into the Municipality’s or other approved waste removal vehicle, or (b) an adequate filter, pump and indicator, with outlet pipes constructed and placed in a way that the tank may be easy emptied. (3) The provisions of subsection (2) do not apply if – (a) adequate arrangements have been made for dispersing waste water produced on the premises, other than urine, over land associated with the premises concerned; and (b) the waste water is dispersed in a way that will not create a public health nuisance. Blocked or defective outlet pipes 24. Every owner or occupier of premises must keep any drainage system free from obstruction and in a good state of repair. Prohibition against urine in slops tanks 25. No person may discharge or allow any urine or excrement to be discharged into a slops tank situated on any premises. CHAPTER 5 PRIVATE SEWAGE WORKS Permit for provision of service for the removal of human excrement or urine 26. No person may provide any service for the removal or disposal of human excrement and urine on any premises except in terms of a permit authorizing that service. Permit for installation of sewage works 27. No person may, on any private premises, install, alter, re-site, operate or maintain any septic tank, filter installation or other works for the disposal of sewage, except in terms of a permit authorizing that activity. Maintenance of sewage works 28. Any person operating a sewage works must ensure that it is maintained in a sanitary condition and good state of repair at all times. Disposal of sewage, sewage effluent and wastewater without causing a public health nuisance and/or hazard 30. No person may dispose of sewage or waste water from any bath, wash hand basin, toilet, shower, kitchen sink, swimming pool, washing machines, dish washers and refuse receptacles in a way or in a location that may- (a) cause dampness in or on any premises; 28 (b) endanger the quality of any water supply, surface water, stream or river, or (c) create a public health nuisance and/or hazard. Compulsory use of Municipality’s sewage removal service 31. Every occupier of premises must use the sewage removal service prescribed by the Municipality for those premises. CHAPTER 6 WATER Definitions 31. In this Chapter, unless the context otherwise indicates -“domestic consumption” in relation to water, means the use of water for – (a) human consumption (b) preparing or manufacturing food or drink for human consumption; (c) cleaning vessels or utensils used in the preparation or manufacture of food or drink for human consumption; or (d) any other domestic purpose. “effluent” means any waste water which may be generated as a result of undertaking any scheduled use or any activity which is likely to cause a public health nuisance. Pollution of sources of water supply 32. No person may pollute or contaminate any catchment area, river, canal, well, reservoir, filter bed, water purification or pumping works, tank, cistern or other source of water supply or storage in a way that creates a public health nuisance or a public health hazard. Dangerous wells, boreholes and excavations 33. Every owner or occupier of premises must ensure that any well, borehole or other excavation located on his or her premises – (a) is fenced, filled in or covered over in a way that adequately safeguards it from creating a public health nuisance or public health hazard; and (b) is not filled in a way, or with material, that may cause any adjacent well, borehole or underground water source to be polluted or contaminated to an extent that may create a public health nuisance or a public health hazard. Provision of adequate water supply 34. Every owner of premises must provide every resident on the premises with an adequate and readily available potable water supply at all times. 29 Use of water from source other than the municipal supply 35. No person may use, or permit to be used; any water obtained from a source other than the municipal water supply for domestic consumption, unless the water concerned has been approved for that purpose and complies with standards of potable water. Furnishing of particulars of the source of water 36. (1) Any owner or occupier of premises on which well, borehole, spring, dam, river or other water source is located, the water of which is used for domestic consumption, must within 14 days of receiving a notice from the Municipality calling on him or her to do so, provided the Municipality with all particulars of the water source reasonably available to the owner or occupier. (2) An owner or occupier of premises contemplated in subsection (1), must, if requested to do so by the Municipality, and at his or her own cost, furnish to the Municipality a certificate of chemical analysis and bacteriological investigation issued by an analyst, as defined in the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act 54 of 1972), in respect of any water supply on that premises used for domestic consumption. (3) If water from a borehole is used for domestic consumption, a certificate of analysis as contemplated in subsection (2) must be submitted to the Municipality annually or at any time on request of an Environmental Health Practitioner. Notice of the sinking or digging of boreholes or wells 37. (1) No person may sink or dig, or cause or permit to be sunk or dug, a well or borehole, to obtain water, unless – (a) it is done so in accordance with any relevant law; and (b) her or she has given the Municipality at least 14 days’ written notice of his or her intention to do so. (2) The notice referred to in subsection (1)(b), must state the proposed location and the purpose for which the water is to be used. Storm water runoff from premises which may impact on public health 38. (1) Every owner or occupier of premises must erect adequately designed, constructed and maintained hydraulic and hydrological structures on those premises – (a) to divert the maximum storm water runoff, which could be expected within a period of 24 hours with an average frequency of recurrence of once in 100 years, from any part of the premises on which any waste, likely to create a public health nuisance, is or was handled, produce, stored, dumped or spilled (b) to collect all polluted runoff water from any part of the premises on which waste, likely to create a public health nuisance is or was handled, produced, stored, dumped or spilled, for reuse, treatment or purification; (c) to separate all effluent from storm water systems; 30 (d) to prevent the erosion or leaching of material from any slimes dam, ash dam and any dump or stock-pile on the premises, and to contain any eroded or leached material in the area where it originated; (e) to prevent any waste or waste water from entering any borehole, well, spring, vlei or water course; and (f) to prevent any adverse impact on the quality of surface and ground water occurring , due to the location of any dump, stock-pile, dam, drain, canal, conduit, sewer or any other structure on the premises. (2) An owner or occupier of premises – (a) must keep all water passages open and free of obstruction from matter which may impede the flow of water or effluent; (b) may not locate any dump within the one hundred year flood line of any water resource; (c) may not use coal, coal discard, carbonaceous material or any other material for the construction of any slurry, evaporation, or catchment dam, or any embankment, road or railway in a way likely to create a public health nuisance; (d) must construct bund walls around any tank, or group of tanks, containing any substance that can create a public health nuisance, of a size that is capable of containing the volume of the largest tank plus an additional 10% in the event of any unlawful or accidental discharge from the tank or group of tanks; and (e) must clean any industrial surface area so as to prevent the pollution of storm water which may result in adverse impact on the quality of any surface or ground water. Containment of waste water 39. Any dam, conduit or channel used for the containment of waste water must have a free board of at least 0.5 metres above the highest level of precipitation which could be expected within a period of 24 hours with an average frequency of recurrence of one in 100 years. CHAPTER 7 FOOD CONTROL Definitions: 40. In this chapter, unless the context otherwise indicated: “adequately ventilated and lighted” means ventilated and illuminated by means of windows with an uninterrupted transparent area equal to at least 10 percent of the floor area and with an area which can be opened equal to at least 5 percent of the floor area, and so placed that cross ventilation is facilitated; “animal” means a creature or living thing other than a human , any member of the animal kingdom; 31 “approved milking shed” means a milking shed in respect of which a certificate of acceptability has been issued and is enforced; “baker” shall mean any person who carries on the business of manufacturing any bakery products; “bakery” shall mean the premises or any part thereof on or in which the business of a baker is carried on; “bakery product” shall include bread, rolls, pies, biscuits, cakes, tarts, confectionery, sweet meats and similar products; “best before” means, with respect to food, the date indicating the end of the period under any stated storage conditions specified on the label by the manufacturer during which the product will remain fully marketable, edible and safe and will retain any specific qualities for which tacit or express claims are or have been made; “butcher” shall mean a person carrying on the business of selling meat in wholesale quantities, offering or exposing meat for sale by retail in a shop or fixed place, or by offering meat for sale or delivery from some other place; “butchery” shall mean any premises used for the purpose of such business; “certificate of acceptability” means a certificate of acceptability referred to in Regulation 3 of R638, framed under the Foodstuffs Cosmetics and Disinfectants Act, 1972 (Act 54 of 1972), as amended; “clean” means free of any dirt, impurity, objectionable matter or contamination to the extent that acceptable states of hygiene is attained, and keep clean has a similar meaning; “colourant” means any substance referred to in the By-laws on food colourants, published under the Foodstuffs Cosmetics and Disinfectants Act, 1972 (Act 54 of 1972); “dairy” means any premises occupied and used by a dairyman, for the production and sale or supply of dairy product ; “dairy product” means milk or a product obtained or manufactured exclusively or mainly from milk and to which no unpermitted substances or another foodstuff of which the solids are not meant to substitute any part of the milk solids, are added and it also includes a product of which a maximum of 50 percent of the fat content, protein content and carbohydrate content respectively, are obtained from a source other than milk; “dairyman” means any person who produces, supplies, or keeps for sale, or sells milk obtained from his own herd, and who is registered as such; “dairy stock” means cows, she-goats, ewes, and mares used in the production of milk for human consumption; “disinfection” means the reduction, without adversely affecting the food by means of hygienically satisfactory chemical agents or physical methods, of the number of microorganisms to a level that will not lead to harmful contamination of food; 32 “expiry date” means, with respect to food, the date indicating the end of the period under which the product will remain fully marketable, edible and safe and must thereafter be sold or disposed of; “facility” means any apparatus, appliance, equipment, implement, storage space, working surface or object used in connection with the handling of food; “food” means a foodstuff intended for human consumption, as defined in section 1 of the Foodstuffs, Cosmetics and Disinfectants Act, 1972(Act 54 of 1972), excluding food referred to in regulation 14; “food handler” means a person who in the course of his or her normal routine work on food premises comes into contact with food not intended for his or her personal use; “food premises” means a building, structure, stall, or other similar structure, and includes a caravan, vehicle, stand or place used for or in connection with the handling of food; “food vending machine” means any mechanical device, whether attended or not, by means of which foodstuffs are sold; “foodstuff” means any article or substance, including natural mineral water or bottled water, but excluding medicine, ordinarily eaten or drunk by humans or purporting to be suitable, or manufactured or sold, for human consumption and includes any part or ingredient of any article or substance or any substances used, intended or destined to be used as a part of any article or substance; “food additive” means any substance not normally consumed as a foodstuff by itself, and not normally used as a typical ingredient of the foodstuff, whether or not such substance has nutritive value; “good manufacturing practice” means a method of manufacture or handling or a procedure employed, taking into account the principles of hygiene, so that food cannot be contaminated or spoiled during the manufacturing process; “handle” includes process, produce, manufacture, packaging, storing, preparation, display, transport, sale or serving of foodstuffs; “hands” includes the forearm or part of the arm extending from the wrist to the elbow; “health hazard” includes any condition, act or omission that may contaminate or spoil food so that consumption of such food is likely to be dangerous or detrimental to health; “inspector” means a person authorized as such, under section 10 of the Foodstuffs Cosmetics and Disinfectants Act, 54 of 1972 or an “Environmental Health Practitioner (EHP)” shall mean a person registered as such in terms of section 34 of The Health Professions Act, 1974 (Act 56 of 1974) and who performs functions as listed in the Schedule of the Scope of Professions of Environmental Health, Government Gazette No. R698 dated 26 June 2009. 33 “manufacture” includes production, or preparation, processing, preservation or other manufacturing process; “meat” means the clean, sound and wholesome skeletal musculature and fatty tissue of any animal species, including game or bird species, used as a foodstuff, together with any connective tissue, bone, fat and cartilage that occurs naturally in the skeletal musculature of the dressed carcass and head, excluding the musculature of the lips, snout, scalp and ears; “milk” means the mammary secretion of dairy stock, obtained from one or more milking for consumption as liquid milk or for further processing; “milk dealer” means any person, other than a dairyman, who receives, collects, treats, prepares for sale, or sells milk at or from a milk depot, and who is registered as such; “milking parlour” means that area of the milking shed in which dairy stock are milked; “milk tanker” means a vehicle for the transportation of milk in bulk; “milk vessel” means and includes every receptacle, can, vessel, utensil, bottle, appliance, or any other thing, which is used by a dairyman, milk dealer or milk purveyor, for the production, collection, keeping, storage, preparation, treatment, measurement, conveyance, delivery or distribution of milk; “perishable food” means any foodstuff which on account of its composition, ingredients, moisture content and/or pH value and of its lack of preservatives and suitable packaging is susceptible to an uninhibited increase in microbes therein or thereon, if the foodstuff is kept within the temperature spectrum of 50C to 63C, and includes the perishable foodstuffs listed in Government Notice No. R1183 of 1 June 1990 as amended; “person in charge” means a natural person who is responsible for the food premises and/or the owner of such food premises, as the case may be; “poultry” means any chicken, duck, goose, guinea-fowl, ostrich, partridge, pheasant, pigeon, quail, turkey and chicks thereof; “pre-packed food” means food which, before it is presented for sale or for serving, has been packed; “protective clothing” means overall of a light colour and head gear that completely covers the head; “pure water” means clean and clear water that does not contain Escherichia Coli; “rodent-proof” means ensuring that an area is free of all rodents, vermin, insects, disease carriers or other pests; “sell” includes to offer, advertise, keep, display, transmit, convey or deliver for sale, or to exchange, or to dispose of to any person in any manner whether for a consideration or otherwise; and sold, selling and sale have corresponding meanings; 34 “sell by” means, with respect to food, the last date of offer for sale, as specified on the label by the manufacturer, to the consumer after which there remains a reasonable storage period in the home and after which the product is still safe and edible; “unsound food” means unwholesome sick, polluted, infected, contaminated, decaying or spoiled, or unfit for human consumption for any reason whatsoever; “vehicle” means a train, trolley, wagon, cart, bicycle, truck, boat, and includes any other craft, vehicle or conveyance used in the handling or transport of food; and “water” means, for domestic consumption, pure water which complies with SANS 241-2001 and any standards set in terms of national and provincial legislation. Requirements for food handling premises No person shall handle food or permit food to be handled: 41. (1) Certificate of acceptability (a) on food premises in respect of which a valid certificate of acceptability has not been issued or is not in force. (b) in contravention of any restriction or condition or stipulation contained in such certificate of acceptability. (2) The provisions of sub-section (1) shall come into effect in the case of food premises existing at the time of publication of these by-laws. (3) The person in charge of any food premises, including a food vending vehicle, wishing to obtain a certificate of acceptability in respect of such food premises shall apply in writing to the municipality in whose area of jurisdiction the food premises are situated on an application form containing the particulars that are the same as those contained in the form in Annexure 6 of these by-laws. (4) Upon receipt of an application referred to in section 41(3), the municipality shall without delay refer the application to an inspector for consideration. (5) An inspector may, in considering such an application, request such further information as he or she may deem necessary or expedient from the applicant or from any other person. (6) If an inspector, after having carried out an inspection, is satisfied that the food premises concerned, having due regard to existing conditions of the adjacent land and facilities, subject to the provisions of section 42(2) and section 55 of these by-laws. (a) do in all respects comply with the provisions of section 42 and section 43, the Municipality shall issue a certificate of acceptability in the name of the person in charge on the form in Annexure 6 of these By-laws, (b) do not in all respects comply with the provisions of section 42 and section 43 the municipality may, subject to the provisions of section 42(2), grant an extension for a maximum period of six months to enable the person in charge so to change or equip the 35 food premises that they comply with the provisions in question: Provided that during the said period of extension, the provisions of sub-section (1) shall not apply to the person concerned. (7) A certificate of acceptability shall be displayed in a conspicuous place for the information of the public on the food premises in respect of which it was issued or a copy thereof shall immediately be made available on request where the display thereof is impractical. (8) If the person in charge of food premises is replaced by another person, such person shall inform the municipality in writing of such replacement within 30 days after the date hereof and the local authority shall subject to the provisions of section 41(2) , issue a new certificate of acceptability in the name of the new person in charge. (9) A certificate of acceptability – (a) shall not be transferable from one person to another person and from one food premises to another food premises; (b) shall be valid only in respect of the nature of handling set out in the application for a certificate of acceptability; (c) may at any time be endorsed by a municipality by -(i) the addition of any further restriction that may be necessary to prevent a health hazard; and (ii) the removal of any restriction with regard to the category or type of food or the method of handling; (d) shall expire temporarily for the period during which a prohibition under section 41(2) is in effect (e) shall expire permanently if a prohibition referred to in section 41(2) is not removed within a stipulated period which shall not exceed six months from the date on which a notice was issued in terms of section 41(2); (f) shall expire permanently if the provisions of section 42 are not complied with. (10) No person may make any unauthorised changes or additions to or forge a certificate of acceptability. (11) All food areas must have adequate ventilation and lighting (visual). (12) All working surfaces and equipment such as tongs and cutlery must be in a good state of repair and capable of being easily cleaned. (13) Provision must be made for a wash hand basin or any other similar utensil for washing of hands. (14) Provision must be made for liquid soap, and clean disposable hand drying material at the aforementioned wash hand basin or utensil food handlers. (15) In cases of events/functions the caterer must: 36 (a) Have been assessed by an Environmental Health Practitioner (EHP) and be monitored during the event (b) before serving meals the caterer must provide means of hand wash facilities such as; (i) water (ii) liquid soap or other cleaning agents (iii) clean disposable hand drying material (iv) refuse removal facility mechanism (16) The above facilities must be provided in such a manner that cross contamination is prevented. (17) Provision must be made for a sink or any other similar utensil, for washing of hands and equipment. (18) Suitable provision must be made for a constant supply of hot and cold water. (19) All waste water emanating from the property of food caterer must be disposed of in a manner that will not cause a health nuisance. (20) Adequate measures must be taken to prevent contamination of food by flies, chemicals, rodents and other vermin, and pathogens. (21) Suitable refrigeration facilities must be provided, with proper holding temperatures, namely foodstuffs to be stored at or below 5⁰ Celsius or at or above ±65⁰ Celsius (22) Raw and cooked foods must be kept separately during all stages of catering process. (23) Refuse Control: the premises must have an adequate number of bins with tight fitting lids and bins must be regularly cleaned. (24) All staff must be provided with personal protective clothing namely non slippery full footwear, overalls and aprons of a light colour and head gear that completely covers the hair of the head. Overall must be so designed that food cannot come into direct contact with any part of the body excluding hands. (25) All food handlers must not wear makeup, jewellery and nail polish. (26) All staff must maintain a good sense of hygiene, and be free of any open cuts and wounds. (27) Proper quality control must be implemented, namely “first in – first out” policy. Prohibition on the handling and transportation of food 42. (1) No person shall handle food in a manner contrary to the provisions of these by-laws. (2) If an inspector following an inspection of food premises or a facility is of the opinion -(a) that such food premises or facility -(i) are or is in such a condition or used in such a manner ;or 37 (ii) do or does not comply with these by-laws to the extent; (b) that a particular activity with regard to the handling of food takes place in such a manner; or (c) that such circumstances exist with regard to the food premises or facility or any other activity, that they or it constitute a health hazard and that the continued use of the food premises or facility or the activity should be prohibited, the municipality may summarily prohibit the use of the food premises or facility for the handling of food or any of the activities that relate to the handling of food, by serving a written order on the person in charge or, if he or she is not available, his or her representative informing such person of the prohibition. (3) A notice referred to in sub-section (2) shall contain at least the following particulars: (a) The reason(s) for the prohibition; (b) a statement that the prohibition will in writing be removed by a municipality as soon as the reason(s) for the prohibition has (have) been removed and provided the inspector is satisfied that the reason(s) for the prohibition is (are) not likely to recur. (4) (a) A prohibition shall come into operation from the time at and the date on which a notice is served under sub-section (2). (b) No person shall perform any act that is contrary to such prohibition. (5) An inspector shall, within 72 working hours of receiving a request for the removal of a prohibition, carry out an investigation of the food premises, facility, activity or circumstance which gave rise to the prohibition and the municipality shall upon completion of such investigation in writing inform the person on whom the prohibition notices was served or, if he or she is not available, any other person representing such person that the prohibition has been removed or remains, as the case may be. Standards and requirements for food premises 43. (1) Food premises shall be of such location, design, construction and finish and shall be so equipped, in such condition and so appointed that they can be used at all times for the purpose for which they were designed, equipped and appointed -(a) without creating a health hazard; and (b) in such manner that food -(i) can be handled hygienically on the food premises or with the equipment thereon; (ii) Can be effectively protected by the best available method against contamination or spoilage by poisonous or offensive gases, vapours, odours, smoke, soot deposits, dust, moisture, insects or other vectors, or by any other physical, chemical or biological contamination or pollution or by any other agent whatsoever. (3) For the purposes of sub-section (2), food premises shall meet the following requirements; 38 (a) All interior surfaces of walls, sides or ceilings, or of roofs without ceilings, and the surfaces of floors, or any other similar horizontal or vertical surfaces that form part of or enclose the food-handling area shall-(i) have no open joints or open seams and shall be made of smooth, rust-free, non- toxic, cleanable and non-absorbent material that is dust- proof and water-resistant but in a food-serving or storage the following may be used: - (aa) similar walls, joints of which are formed properly or are so formed and finished that they are easy to clean; or (bb) the decorative wall or ceiling finishes must be easy to clean; (ii) be of such a nature that they cannot contaminate or contribute to the contamination of food. (b) Each room of food premises shall be -(i) ventilated effectively by means of – (aa) natural ventilation through openings or openable sections which are directly connected to the outside air and so positioned in the external walls and/or roof that effective cross- ventilation is possible: Provided that such openings shall have a surface area equal to at least 5% of the floor area of the room concerned; or (bb) artificial ventilation that complies with the requirements of the National Building By-laws and Building Standards Act, 1977 (Act 103 of 1977), whichever of the two methods will facilitate the addition of adequate fresh air to and the effective removal of polluted or stale air from the food-handling area to the extent that air contaminants that could contaminate food, and that gas, vapours, steam and warm air that may arise during the handling of food are effectively removed, and that the emergence of any unhygienic or unhealthy condition in the food-handling area is prevented; (ii) illuminated by means of – (aa) unobstructed transparent surfaces in the external walls and/or roof which admit daylight, with an area equal to at least 10% of the floor area in the room concerned; or (bb) artificial illumination which complies with the requirements of the National Building By- laws and the Building Standards Act, 1977, and which permits an illumination strength equal to at least 200 lux to fall on all food-handling surfaces in the room concerned. (c) Food premises shall – (i) have a wash-up facility with hot and cold water for the cleaning of facilities; (ii) be rodent proof in accordance with the best available method, namely the external doors are to be constructed of acceptable rodent-proof material. (iii) be provided with effective means of preventing the access of flies or other insects to an area where food is handled; (iv) have a waste-water disposal system approved by the municipality. (v) be provide, immediately over the cooking area, an extractor hood and canopy, of adequate size, having a flue of at least 300mm in diameter. 39 (vi) the floor area of the kitchen, scullery and preparation area, shall not be less than 14m² (d) The following shall be available in respect of food premises: (i) The number of latrines, urinal stalls and hand washbasins as specified in the National Building Regulations 103/1977 for the use of workers on the food premises and for use by persons to whom food is served for consumption on the food premises: Provided that separate sanitary facilities for workers and clients shall not be required: Provided further that where persons of only one sex or no more than ten persons work on food premises, separate sanitary facilities shall not be required for workers of different sexes; (ii) hand-washing facilities which shall be provided with cold and/or hot water for the washing of hands by workers on the food premises and by persons to whom food is served for consumption on the food premises, together with a supply of soap (or other cleaning agents) and clean disposable hand-drying material or other hand-cleaning facilities or hand- drying equipment for the cleansing and drying of hands by such workers and persons; (iii) liquid proof, easy-to-clean refuse containers with close-fitting lids suitable for the hygienic storage of refuse pending its removal from the food handling area; (iv) storage space for the hygienic storage of food, facilities and equipment and a suitable separate area for the hygienic storage of refuse containers on the food premises; (v) a separate changing area with storage facilities for clothes; (vi) an adequate supply of water. (e) No room in which food is handled shall have a direct connection with any area -(i) in which gas, fumes, dust, soot deposits, offensive odours or any other impurity is present or may arise in such a manner that food in the food handling room could be contaminated or spoilt; (ii) in which an act is performed in any manner or where any condition exists that could contaminate or spoil food in the food handling area; (4) A room in which food is handled may be connected to a room in which a latrine or urinal is situated – (i) only via a properly ventilated lobby: Provided that all relevant interconnecting doors shall cover the whole area of their apertures: Provided further that they shall be equipped with; (ii) durable self-closing devices; or (iii) without such a lobby between them: Provided that the connecting aperture shall have a self-closing door as contemplated in item (ii): Provided further that the latrine or urinal room shall be equipped with effective mechanical extraction ventilation to the outside air to render the atmosphere inside such room under a negative pressure in relation to the atmosphere in the food-handling room. (5) No person must be allowed to sleep in any room where food is handled. 40 Standards and requirements for facilities on food premises 44. (1) The surface of any table, counter or working surface on which unwrapped food is handled and any equipment, utensil or basin or any other surface which comes into direct contact with food shall be made of smooth, rust-proof, non-toxic and non-absorbent material that is free of open joints or seams (2) No surface referred to in sub-section (1) and no crockery, cutlery, utensils, basins or any other such facilities shall be used for the handling of food if they are not clean or if they are chipped, split or cracked. (3) Any utensil or item which is suitable for single use only – (a) must be stored in a dust-free container until used; and (b) must not be used more than once. (4) A surface referred to in sub-section (1) and a facility referred to in sub-section (1) must be – (a) cleaned and washed before food come into direct contact with it for the first time during each work shift; and (b) cleaned and washed, as and when necessary, during and/or immediately after the handling of food, so that contamination of the food that comes into contact with any such surface or facility is prevented, and any such surface or facility must, before food comes into direct contact therewith, contain -(i) no more than 100 viable micro-organisms per cm² upon analysis, conducted in accordance with acknowledged scientific microbiological methods of investigation, of a sample taken in accordance with the swab technique prescribed in the Efficacy of Cleaning Plant Equipment and Utensils - SANS 5763; Equipment and Utensils: Swab Technique; Availability of appropriate chopping boards (ii) no remains of cleaning materials or disinfectants which may pollute the food. (5) (a) Every chilling and freezer facility used for the storage , display or transport of perishable food shall be provided with a thermometer which at all times shall reflect the degree of chilling of the refrigeration area of such facility and which shall be in such a condition and positioned so that an accurate reading may be taken unhampered. (b) Every heating apparatus or facility used for the storage, display or transport or heated perishable food shall be provided with a thermometer which at all times shall reflect the degree of heating of the heating area concerned and which shall be in such a condition and positioned so that an accurate reading may be taken unhampered. Standards and requirements for food containers 45. (1) No person shall sell canned or hermetically sealed food in a container which: 41 (a) bulges at the flat or round sides or ends or one side of which bulges when the other side is pressed; (b) is in any way blown or from which gas escapes when it is opened or punctured, unless (i) the container contains an aerated drink; or (ii) gas has been used as a preservative; (c) is so rusted or damaged that it is liable to contaminate food or that it leaks or has become unsealed; (d) had a leak which was resealed. (2) A container shall be clean and free from any toxic substance, ingredient or any other substance liable to contaminate or spoil the food in the container. (3) Repacked food, depending on the type of food, shall be packed in a dustproof and liquid proof container that protects the product therein against contamination under normal handling conditions and shall be so packed or sealed that the food cannot be removed from its container without the stopper or lid or similar seal being removed or without the wrapping, container or seal being damaged. (4) Perishable food, excluding the products referred to in section 57 and products that are not pre-packed, except food for consumption as meals on food premises, shall, when served to the consumer, be packed in a container that protects the food therein against contamination. Standards and requirements for the display, storage and temperature of food 46. (1) Food that is displayed or stored shall not be in direct contact with a floor or any ground surface. (2) Any shelf or display case used for displaying or storing food or any container shall be kept clean and free from dust or any other impurity. (3) Non-pre-packed, ready-to-consume food, including food served as meals and displayed in an open container, shall be protected in accordance with the best available method against droplet contamination or contamination by insects or dust. Standards and requirements for protective clothing 47. (1) No person shall be allowed to handle food without wearing suitable protective clothing as specified in subsection (2) below. (2) The protective clothing, including head covering and footwear, of any person handling food that is not packed so that the food cannot be contaminated shall (a) be clean and neat when such person begins to handle the food; (b) at all times during the handling of the food be in such a clean condition and of such design and material that it cannot contaminate the food; 42 (c) be so designed that the food cannot come into direct contact with any part of the body, excluding the hands. (d) be provided with overalls and aprons of a light colour and head gear that completely covers the head. Duties of a person in charge of food premises 48. (1) A person in charge of food premises shall ensure that – (a) effective measures are taken to eliminate flies, other insects, rodents or vermin on the food premises; (b) any person working on the food premises is adequately trained in food hygiene by an inspector or any other suitable person: (c) refuse is removed from the food premises or from any room or area in which food is handled as often as is necessary and whenever an inspector requires it to be done; (d) waste is stored in a proper waste bin area, constructed as per the specifications of the Environmental Health Practitioner, and disposed of in such a manner that it does not create a nuisance; (e) waste bins are – (i) cleaned regularly; and (ii) disinfected whenever necessary and whenever an inspector requires it to be done; (f) waste water on the food premises is disposed of to the satisfaction of the municipality; (g) the food premises and any land used in connection with the handling of food and all facilities, freight compartments of vehicles and containers are kept clean and free from any unnecessary materials, goods or items that do not form an integral part of the operation and that have a negative effect on the general hygiene of the food premises; (h) no person handling non-pre-packed food wears any jewellery or adornment that may come into contact with the food, unless it is suitably covered; (i) no animal, subject to the provisions of any law, is kept or permitted in any room or area where food is handled, except that – (j) a guide dog accompanying a blind person may be permitted in the sales or serving area of the food premises; (k) no condition, act or omission that may contaminate any food arises or is performed or permitted on the food premises; (l) the provisions of these By-laws are complied with; (m) all persons under his or her control who handle food at all times meet the standards and requirements and execute the duties prescribed by sections 48 and 50, respectively; 43 (n) a room or area in which food is handled shall not be used for -(i) sleeping purposes; (ii) washing, cleaning or ironing of clothing or similar laundry; (iii) any other purpose or in any manner that may contaminate the food therein or thereon; (o) no food handler touches ready-to-consume non-pre-packed food with his or her bare hands, unless it is unavoidable for preparation purposes, in which case such food shall be handled in accordance with good manufacturing practice. (p) no person utilises food premises as a sleeping area. Duties of a food handler: Personal Hygiene 49. (1) Food, a facility or a container shall not be handled by any person: (a) whose fingernails, hands or clothes are not clean; (b) who has not washed his or her hands thoroughly with soap and water or cleaned them in another effective manner – (i) immediately prior to the commencement of each work shift; (ii) at the beginning of the day's work or after a rest period; (iii) after every visit to a latrine or urinal; (iv) every time he or she has blown his or her nose or after his or her hands have been in contact with perspiration or with his or her hair, nose or mouth; (v) after handling a handkerchief, money or a refuse container or refuse; (vi) after handling raw vegetables, fruit, eggs, meat or fish and before handling ready-to-use food; (vii) after he or she has smoked or on return to the food premises; or (viii) after his or her hands have, or may have become contaminated for any other reason. (2) Food, a facility or a container shall not be handled by any person – (a) who has on his or her body a suppurating abscess or a sore or a cut or abrasion, unless such abscess, sore, cut or abrasion is covered with a moisture proof dressing which is firmly secured to prevent contamination of the food; (b) who is or who is suspected of suffering from or being a carrier of a disease or condition in its contagious stage that can be transmitted by food, unless any such person immediately reports the disease or condition to the person in charge and a certificate by a medical practitioner stating that such person is fit to handle food is submitted; (c) whose hands or clothing are not clean. (3) No person shall - (a) spit in an area where food is handled or on any facility; 44 (b) smoke or use tobacco in any other manner while he or she is handling non-prepacked food or while he or she is in an area where such food is handled; (c) handle non-pre-packed food in a manner that brings it into contact with any exposed part of his or her body, excluding his or her hands; (d) lick his or her fingers when he or she is handling non-pre-packed food or material for the wrapping of food; (e) cough or sneeze over non-pre-packed food or food containers or facilities; (f) spit on whetstones or bring meat skewers, labels, equipment, or any other object used in the handling of food or any part of his or her hands into contact with his or her mouth, or inflate sausage casings, bags or other wrappings by mouth or in any other manner that may contaminate the food; (g) walk, stand, sit or lie on food or on non-hermetically sealed containers containing food or on containers or on food-processing surfaces or other facilities; (h) use a hand washbasin for the cleaning of his or her hands and simultaneously for the cleaning of facilities; or (i) while he or she is handling food, perform any act other than those referred to above which could contaminate or spoil food. Standards and requirements for the handling of meat (Butchery) 50. (1) (a) No person shall, on food premises, handle meat derived from an animal slaughtered in contravention of the Meat Safety Act, 2000 (Act 40 of 2000). (b) No person shall on food premises handle the meat of an animal exempted from the provisions of the Meat Safety Act, 2000 (Act 40 of 2000), unless a notice that is clearly visible and legible and that contains the following information or information to that effect, in letters at least 18 mm high, is displayed at the food premises: "The meat sold on these premises has been exempted from inspection in terms of Meat Safety Act, 2000 (Act 40 of 2000). (2) Meat on a carcass shall not be handled on food premises, unless - (a) the carcass has been properly bled; (b) Un-skinned carcasses shall not be so handled that the skin thereof comes into contact with other food on food premises or that the meat of such carcasses is contaminated or spoiled. (3) Subject to Meat Safety Act, 2000 (Act 40 of 2000) no animal shall be killed, bled, eviscerated, skinned or dressed on food premises other than in a room used specifically and exclusively for that purpose in accordance with good manufacturing practice, provided that no further handling or processing of any such carcass shall take place in that room. (4) No person shall be permitted to operate butchery or conduct the business of a butcher, unless: 45 (i) The butchery area is physically separated from the food preparation area, by means of a solid wall, dry partitioning is not permitted. Requirements for meat handling 51. (a) All meat that is sold for human consumption must be from an abattoir approved by the relevant authority (b) Correct temperature control must be maintained at all times; (c) Offal requirements (i) No person may handle dirty offal unless there is a separate room with washing facilities provided for cleaning the offal and all equipment used for such; (ii) Offal must be prepared and stored separately from all other meat; (iii) Offal may not be sold in a manner that creates or is likely to create a nuisance or pose risk to any person; (d) Game meat requirements (i) The operator of the premises must be in possession of a valid permit from the veterinary office; (ii) No person may handle game meat in any butchery or other premises without prior approval from the Environmental Health Practitioner; (iii) Separate preparation room and storage facilities of game meat must be provided; (iv) Game meat must be clearly marked when sold in the butchery or other premises; Street trading requirements 52. (i) No person shall trade with any food on the street unless in possession of a written approval from the Municipality; (ii) No person may prepare or sell food on the street unless in possession of a valid health certificate issued by the Environmental Health Practitioner; (iii) Street vendors must be allocated according to the type of goods they are selling as well as distance from the road or pavement (iv)There must be a provision of shelter for vending (v) The equipment used must be rust free and safe from hazards (vi) No person shall trade with medicine, cosmetics, chemicals and baby formula on street. 46 Standards and requirements for the transportation of food 53. (1) No person shall transport food on or in any part of a vehicle – (a) unless that part is clean and has been cleaned to such an extent that chemical, physical or microbiological contamination of the food is prevented; (b) together with -(i) contaminated food or waste food; (ii) poison or any harmful substance; (iii) a live animal; or (iv) any object that may contaminate or spoil the food. (2) Subject to subsections (1) and (4), the freight compartment of a vehicle that is used for the transportation of food that is not packed or wrapped in liquid-proof and dustproof sealed containers -(a) shall have an interior surface made of an easy-to-clean and smooth, Rust free, non-toxic and non-absorbent material without open joints or seams and, (b) shall be dustproof; (c) shall not be used simultaneously for the transport of any person or any other item that may contaminate the food. (3) Notwithstanding any provisions to the contrary contained in this by-law, no non- prepacked food shall be – (a) transported in such a manner that it comes into contact with the floor of a vehicle or the floor covering thereof or a surface thereof that can be walked on or with anything else that could pollute the food; or (b) transported or carried in such a manner that the food could be spoiled or contaminated in any way. General requirements for vending carts 54. (1) Anyone operating a food vending carts shall ensure that the cart: (a) Has an interior surface made of an easy-to-clean, rust free, non-toxic and non-absorbent material, without open joints or seams. (b) Has an adequate supply of potable water. (c) Has suitable facilities for the disposal of waste water generated from the cart. (d) Is consistent in size, compatible with the activities being undertaken. (e) Is provided with at least one (1) waste receptacle, with a tight fitting lid (f) Has the name and address of the owner inscribed conspicuously on the sides of the cart. (g) Is not used for any other purpose, than the purpose for which it is designed. 47 (h) Provides effective protection from contamination by dust, flies or other causes. (2) All persons engaged in the handling of food, must be provided with protective clothing, namely overalls of a light colour and head gear that completely covers the head. Sale of food through a food vending machine 55. A person may not sell food through a food vending machine unless – (a) the food vending machine is of a type approved by the relevant municipality and – (i) is constructed of non-absorbent material; (ii) is designed to be easily cleaned at all times; (iii) has a refrigeration or heating unit capable of maintaining the core temperature required by the relevant municipality; and (iv) is inscribed with an identifying serial number; (b) written authority for the installation and use of the food vending machine has been obtained in terms of section 58(6) ;and (c) the person responsible for the food vending machine complies with any condition or restriction imposed by the relevant municipality. Procedure for application of sale of food from vending machines 56. (1) A person who contemplates distributing or selling food through a food vending machine must apply in writing to the relevant municipality in the area of jurisdiction in which the food vending machine is contemplated. (2) The application for a food vending machine must be in the form prescribed by the relevant municipality. (3) On receipt of an application contemplated in subsection (2), the application must be referred within 14 days to an Environmental Health Practitioner, acting for and on behalf of the relevant municipality, for investigation. (4) An Environmental Health Practitioner, acting for and on behalf of a municipality, may, in investigating an application contemplated in subsection (2), request further information from the applicant. (5) An Environmental Health Practitioner, acting for and on behalf of the relevant municipality, may;- (a) grant an application contemplated in subsection (2) for a specified period for a food vending machine, unconditionally or with conditions, if, based on the Environmental Health Practitioner’s investigation, he or she is satisfied that the food vending machine concerned complies in all respects with the provisions of these by-laws; or (b) refuse an application contemplated in subsection (2) where the food vending machine concerned does not comply with these by-laws. 48 (6) An Environmental Health Practitioner, acting for and on behalf of the relevant municipality, granting an application in terms of subsection (5) (a) must give the applicant a written permit stating the – (a) name and address of the applicant; (b) address of the premises at which the food vending machine is to be installed; (c) address of the premises at which perishable food to be stored in and sold through the food vending machine is to be prepared; (d) That the permit holder shall not sell/supply any other category of food other than that which is specified on the permit. (e) conditions, if any, imposed on the installation, operation and use of the food vending machine; and (f) Date of expiry of the permit. (7) The owner of the food vending machine must display the information contained in the permit issued in terms of subsection (6) in a conspicuous place on the food vending machine. (8) A permit issued in terms of subsection (6) is not transferable from one person to another and from one food vending machine to another. (9) A permit issued in terms of subsection (6) may at any time be endorsed by an Environmental Health Practitioner, acting for and on behalf of the relevant municipality, by the – (a) Addition of any further restriction that may be necessary to prevent a health hazard; or (b) Removal of any restriction with regard to the category or type of food or the method of handling the food. Prohibition on the production of milk except in an approved milking shed 57. (1) No person shall use a milking shed for the purpose of milking dairy stock in order to produce milk for human consumption, unless the milking shed in which the dairy stock are milked is an approved milking shed and such milking shed is used in accordance with the provisions of these By-laws and the conditions of the certificate of acceptability issued in respect of that milking shed. (2) The provisions of sub section (1) shall not be applicable to a milking shed in which milk is produced solely for own use. (3) If a local authority is of the opinion that a milking shed is being used in a way which, constitutes a health hazard or that a situation has developed in the milking shed constituting such hazard, the local authority may, order in writing the owner or possessor of an existing milking shed not to remove any milk for human consumption from the milking shed until the hazard or situation has been rectified to the satisfaction of the local authority. 49 Standards and requirements 58. Milking sheds (1) An approved milking shed shall consist of at least – (a) (i) A milking parlour referred to in paragraph (2); (ii) a milking room referred to in paragraph (3) where milk shall be received from the milking parlour, and such milk shall be stored and where it may be treated, processed and packed provided that where due to the design and construction of a milking shed all the requirements included under paragraph (3) cannot be situated within the milking room, it should be otherwise provided on the premises; (iii) a change room (iv) a scullery for the washing, cleaning, disinfection and sterilisation of milk containers and other unfixed apparatus and equipment used in the handling of milk. (b) (i) The facilities referred to in paragraph (a) shall, subject to the provisions of sub- paragraph (ii), be erected as separate rooms in one building complex or as separate detached buildings (ii) A scullery referred to in paragraph (a) (iv), may be erected as an integral part of a milk room or as a separate room. (2) In the case of a milking parlour-(a) there shall be no direct connection with a latrine or with a room where gases, smoke, vapours, dust or soot deposit are present or may originate owing to the nature of the activities in such room; (b) which, provides standing-room of more than one row of dairy stock parallel with one another, there shall be a dividing corridor of at least one meter wide between the rows. (c) the partitions, if any, that separate dairy stock from each other when they are being milked, shall be of smoothly finished, non-absorbing and corrosion resistant material, free of any open seams and cracks; (d) mangers shall be arranged so that fodder which accumulates behind the mangers can be removed and be disposed of appropriately; (e) where walls are provided, the exterior walls -(i) shall be at least 2, 4 metres high on the inside; (ii) shall, at places where dairy stock are milked, extend to at least 2, 1 metres above the level on which the dairy stand; (f) the interior surfaces of the walls, if provided shall be made of impervious materials with no toxic effect in intended use; (g) the ceilings, if provided or overhead structures and fixtures shall be constructed and finished to minimize the build-up of dirt and condensation, and the shedding of particles; (h) the floors shall be constructed to allow adequate drainage and cleaning; 50 (i) such parlour shall be adequately ventilated and illuminated; (j) such parlour shall be provided with at least one water tap with running water to which a flexible pipe may be connected for washing purposes; and (k) the entrances and exists for dairy stock shall have a floor covering with an impenetrable surface connected to a disposal system, and such floor covering shall be installed in such a way that any milk animal entering or leaving the milking parlour

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