So, you have a passion for food and a great business idea – but where do you start?
One of the most crucial steps in launching a food business in South Africa is ensuring legal compliance. South Africa’s food safety regulations protect public health and ensure the quality and safety of food sold to consumers.
Here’s a comprehensive guide to help you navigate the process of starting a legally compliant and successful food business.
✅ Step 1: Understand the Legal and Customer Requirements
The first step is determining which laws and regulations apply to your business type and location. Whether you’re planning a restaurant, food truck, home-based bakery, or manufacturing facility, compliance is non-negotiable.
Before investing in premises, equipment, packaging, or design, research the applicable legislation and local bylaws. Getting it right from the start will save you money, time, and legal trouble.
⚖️ Key Regulations That May Apply:
- Regulation R638 of 2018 – Hygiene requirements for food premises and transport. (Applies to all food businesses, regardless of size.)
- Regulation R146 of 2010 – Food labelling and advertising. (Currently under review – remember to check the Department of Health’s website regularly for updates.)
- Regulation R1425 of 2016 – Miscellaneous additives in foodstuffs.
- Regulation R692 of 1997 – Microbiological standards for foodstuffs.
- Regulation R908 of 2003 – HACCP requirements. (Currently mandatory for peanut processing and ready-to-eat meat/poultry producers.)
🛒 Know Your Customer Requirements Too
If you plan to:
- Supply a retail chain
- Export products internationally
- Work with major distributors
…they may require you to be certified against more stringent food safety standards, such as:
Knowing your customers’ expectations will help guide your certification and compliance strategy.
🔧 Step 2: Implement Legal and Customer Requirements
Now that you know what’s required, it’s time to take action.
- 🏗️ Design your premises, equipment, and processes to meet the standards.
- 👨🍳 Train your team—the Person in Charge and all food handlers must receive appropriate training.
- 🧾 Implement a food safety system, based on:
- Regulation R638 minimum standards
- HACCP principles (if required)
- Customer or international food safety standards
📝 Step 3: Apply for Legal Licences and Certificates
🪪 Business Licence / Trading Permit
Under the Businesses Act 71 of 1991, you must apply for a business licence if you:
- Sell food for on-site or off-site consumption
- Sell perishable food
- Operate as a restaurant, café, takeaway, or food truck
⚠️ You may not begin trading until your licence is issued. Trading without a valid licence is an offence.
Hawkers and informal traders must apply for a trading permit from their local municipality.
📜 Certificate of Acceptability (COA)
Under Regulation R638, all food handling businesses must have a valid COA. It confirms your premises meet the required hygiene standards.
- Inspected and issued by an Environmental Health Practitioner (EHP)
- Must be clearly displayed
- Must be updated when changes occur (e.g. new Person in Charge, major renovations)
💡 For more, see our blog post: “How to Get Your Certificate of Acceptability (COA)” for more detail.
🏘️ Zoning or Rezoning Certificate
If your premises are not already zoned for business use (e.g. home-based kitchen), apply for a Zoning or Rezoning Certificate.
- Administered by your municipality’s Spatial Planning and Development Department
- Requires input from departments like Public Health and Transport
- Your neighbours have a say, especially in residential areas
🍷 Liquor Licence (if applicable)
If you plan to sell or manufacture alcohol, you’ll need a licence from your provincial Liquor Authority.
🔥 Fire Compliance Certificate
All food businesses must comply with SANS 10400-T (2020) fire safety regulations.
- The certificate is issued after inspection
- Renewed annually
- 🛡️ Required for insurance cover in the event of a fire
💨 Gas Installation Certificate
If you use permanent gas installations, a registered gas installer must issue a Certificate of Compliance (CoC).
🚀 Step 4: Operate Your Food Business
You’re now ready to trade!
But compliance doesn’t stop once the doors open. You must:
- Keep your COA up to date
- Stay informed about regulatory changes
- Provide refresher training for your team
- Avoid infractions that could lead to fines or closure
Municipal health inspectors and law enforcement can conduct unannounced inspections and enforce action if public health is at risk.
🏁 Conclusion
Starting a food business in South Africa can be incredibly rewarding—but success starts with legal compliance and food safety awareness.
By following these steps, understanding your legal responsibilities, and working proactively with local authorities, you’ll be well on your way to running a thriving, trustworthy food business.
🎓 How Food Safety Matters Can Help You
South African Regulation R638 Section 10(1) outlines training requirements for food businesses.
According to the regulation:
- The Person in Charge must complete accredited food safety training, or hold a related qualification (e.g. chef, food technologist).
- All food handlers must receive regular training in basic hygiene and food safety.
At Food Safety Matters, we offer:
✅ An accredited eLearning course for Persons in Charge
✅ A fun and practical eLearning course for Food Handlers
✅ Affordable pricing, company branding options, and group discounts