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The role of business and government in shaping South Africa's food safety regime between 2000-2015Mbenyane, Balungile C January 2016 (has links)
Masters Research Report
Department of International Relations
School of Social Sciences
Faculty of Humanities
The University of the Witwatersrand / This research report provides a framework to assess the value of private-public partnerships
(PPPs) in shaping the regulatory framework of the food safety regime within southern Africa. As
one of Africa’s largest economies and major exporting countries, South Africa provides a clear
case for analysing how developing countries in Africa have adopted and enforce international
standards relating to the safety of foodstuffs that are produced, distributed and sold. Within the
international systems, governments are generally held responsible for the ratification of
international treaties that inform global standards and are criticised or excluded when they fail to
comply. However, the role of private sector in supporting and enforcing food safety practices has
not been evaluated in any meaningful way. The aim of this research is further the understanding
of how PPPs have formed in South Africa and to what extent they have had a positive impact on
the advancement of food safety between the years 2000 and 2015. With the help of document
analysis and a review of the current regulatory framework, this research is framed within the
concept of hybridity and allows us to better understand the focus of PPPs within South Africa’s
food safety regime. The main conclusion is that South Africa’s commitment to food safety is
strong but the relevant policy remains uncoordinated and undefined. South African businesses
and the government are involved at the international level in terms of standards-setting and are
aware of the global food safety strategy. The primary reason for this is that the country’s
involvement improves trade prospects and affirms its role as a collaborative actor within the
International Food Safety Complex (IFSC). However, South Africa still experiences several
issues relating to food safety risks that affect trade and challenge the efficacy of existing food
safety regulations. The recommendation is that public and private sectors should invest more
capital and capacity in establishing a comprehensive food safety policy that brings together
legislation, identifies key actors and provides a guideline to improve transparency and
accountability relating to food safety issues in South Africa. / MT2017
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Food labelling legislation.Lakhani, Chaya Pranlal. January 1990 (has links)
Food labelling serves to (a) inform consumers about the attributes of a food product
so that they can make rational and well-informed choices; (b) assist manufacturers in
marketing their product; and (c) warn consumers about the inherent risks of certain
products, or ingredients in the product. The costs of labelling products fully and
informatively are borne by consumers, but the benefits of labelling outweigh the costs. To
understand the role of labelling in an regulatory system it is vital to consider the
arrangement of the provisions protecting consumers generally before considering food laws
and the labelling regulations. Furthermore, due to food being an international product, it
is necessary to consider foreign countries and the manner they go about in protecting
consumers.
The United Nations, under the auspices of the Food and Agriculture Organization
(FAO) and the \Vorld Health Organization (WHO), established a Joint FAO/WHO Food
Standards Programme, called "Codex Alimentarius". The aim of the programme is to
establish standards that can be used internationally to narrow the gap between developed
countries and developing countries. To establish a standard various organs of the Codex
Alimentarius are consulted. In addition, the standards have to comply with a prescribed
format and follow a specified procedure. For the standard to be observed the member
country has to incorporate the standard into its domestic laws. One of the advantages of
the Codex Alimentarius is that the procedure to establish a standard is flexible. Australia,
United Kingdom and the United States of America are member of the Codex Alimentarius.
Australia, a federation of states, protects consumers by legislating either state
and/or Commonwealth laws. Often there is a combination of statutes. Examples of subjects
that are governed by both Commonwealth and states include false or misleading trade
practices, and weights and measures. Commonwealth laws only deal with the freedom of
information. Food laws are governed exclusively by state legislation. A significant area for
future reform is uniformity of the state food laws. There are also other areas for future
reform (eg date marking).
England and Wales protect consumers by enacting statutes that relate to private and
public rights. The important Acts that protect public rights are the Trade Descriptions Act,
Weights and Measures Act, Consumer Protection Act, Fair Trading Act and Food Act. One
of the provisions of the Criminal Courts Act is to protect personal rights when a consumer
suffers personal injury, loss or damage as a result of the offender committing an criminal
offence. Food labelling is governed by regulations, that are progressive. A fundamental criticism of the legislation and regulations is the lack of appropriate enforcement of the
laws. The enforcement of most of the above Acts is delegated to the local weights and
measures authorities. A further complication is the United Kingdom's membership of the
European Economic Community.
The United States of America enacts federal and state legislation. In protecting
consumers in respect of food, it enacts federal legislation. The important Acts include the
Fair Packaging and Labelling Act, the Meat Inspection Act, the Poultry and Poultry
Products Inspection Act and the Federal Food, Drug and Cosmetic Act. The United States
government also encourages openness, with regards to its public agencies, by creating the
Freedom of Information Act. The class action is an innovative remedy established in terms
of the Civil Procedure Act. The enforcement of food laws is delegated to the Food and
Drug Administration (FDA). The protection afforded by the United States government is
complex and sophisticated. Its laws serve as model for many countries.
The common law of South Africa has limited value in safeguarding consumers.
Consumer protection arise mostly by way of legislation and regulations. Consumers are
protected generally by the Measuring Units and National Measuring Standards Act, Trade
Metrology Act, Trade Practices Act and Harmful Business Practices Act, Standards Act,
Dairy Industries Act and the Marketing Act. Consumers are protected against harmful and
injurious foodstuffs by the Foodstuffs, Cosmetics and Disinfectants Act, and the
regulations promulgated in terms of the Act. There are several problems with the laws, eg
lack of enforcement, lack of consumer awareness and education, and so on.
An analysis of the foreign countries discussed in Part II result in the indication of
twel ve themes.
Part III examine the twelve themes and present solutions. Some of the solutions are
based on comparisons with foreign countries discussed in Part 11.
The main issues that need to be addressed in the short-term are the lack of consumer
education and problems of enforcement of consumer protection. Long-term issues include
the feasibility of introducing a department of consumer affairs and the provision of
statutory civil remedies for consumers. / Thesis (LL.M.)-University of Natal, Durban,1990.
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Investigating the concept of a game meat scheme to promote safe game meat on the South African market .Van der Merwe, Maretha January 2012 (has links)
D. Tech. Environmental Health, Tshwane University of Technology, 2012. / Implementation of existing meat hygiene legislation can be costly to the game farm owner in terms of slaughter facilities and human resources. This can consequently force farmers and processors to operate outside of the law when delivering game meat to the market. In answer to this a Game Meat Scheme was negotiated between Wildlife Ranching South Africa, represented by the researcher and the Department of Agriculture, Forestry and Fisheries. Nevertheless, the Game Meat Scheme only offers a 5 year period of grace for legal compliance for game farmers producing for the local meat market. Concerns of Wildlife Ranching South Africa on the implementation of such and other legal procedures on game farms motivated the comparative research on regulated and non-regulated game carcasses. Dependent and independent variables were researched to compare game carcasses intended for the export market (aspiring to strict requirements), and game carcasses intended for the local market (no control measures). The swabbing sampling technique used by the researcher was verified against the excision method (used by the export market). The results of this study have further led to a proposed innovation in the testing and verification of current legislation culminating in the Game Meat scheme and a new Game Meat Guide that could lead to the development of practical guidelines for the hunting process on the farm.
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Effects of non-compliance with the Occupational Health and Safety Act (No. 85 of 1993) among the food and beverage industries in selected provinces of South AfricaMaseko, Maud Moditja 02 1900 (has links)
It is essential for both employers and employees to know and understand their obligations and rights about occupational health and safety. The study aimed at developing guidelines for the managers of health and safety programmes to promote compliance with OHS Act (No. 85 of 1993) among the food and beverage industry in South Africa. The study sites were from the four selected provinces of South Africa, with twenty three of them located in the Gauteng Province.
A quantitative research method which is descriptive in nature was used to obtain in-depth knowledge on compliance to the health and safety legislation. Data was collected from 27 study sites using an inspection checklist and an interview- led questionnaire for the 202 employees. Data was analysed using the Statistical Package for the Social Sciences (SPSS) version 21.
Most employees on the study sites were young and therefore needed regular supervision, information, instruction and training to promote safe work and reduce injury and diseases. The study sites were male dominated. It emerged that there was general lack of consultation and communication with regards to health and safety matters between the employers and the employees.
It was also noted that most study sites did not have a written and conspicuously placed health and safety policy and the OHS Act No. 85 of 1993. Majority of the study sites did not deploy adequate resources to manage problems related to health and safety at work and reduce their incidence. In addition, employees experienced injuries or illnesses at
one point or the other as they were exposed to various occupational hazards. Finally, most study sites had poor housekeeping practices.
Employers did not have the appropriate control measures, such as baseline risk assessments, in place. This placed employees at an increased risk of injuries and illnesses as well as the possibility of employers facing financial burdens such as higher compensation claims, medical specialist fees, fees involved in the replacement of injured employees or fees for the recruitment and training of new recruits. / Health Studies / D. Litt. et Phil. (Health Studies)
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