In South Africa, ensuring food safety isn’t just good practice; it’s the law. Since the implementation of Regulation 638 in 2018, every business involved in food handling must comply with its provisions. From bustling restaurants to quaint tuck shops, adherence to these regulations is paramount to safeguarding public health. At the heart of this regulatory framework lies the Certificate of Acceptability or COA (also sometimes referred to as a R638 certificate), a vital document that signifies compliance with Regulation 638. Let’s delve into the steps required to obtain this crucial certification and explore some key aspects of South Africa’s food safety regulations.
Understanding Regulation 638
Regulation 638, which replaced its predecessor Regulation 962 in 2018, casts a wide net over various food-related enterprises, including but not limited to hawkers, restaurants, retail shops, kitchens in institutions, caterers, and food transport vehicles. Its scope encompasses any entity handling food intended for human consumption, underscoring the government’s commitment to ensuring food safety across the board.
Get your COA in 5 Steps
Obtaining a COA involves a structured process:
- Familiarise Yourself with Regulation 638: Access a copy of Regulation 638 from the Department of Health’s website and ensure compliance with its requirements.
- Assess Your Facility’s Compliance: Conduct a thorough review of your establishment to ensure it meets the stipulated standards, including the requirement for the person in charge to have accredited food safety training.
- Contact Your Local Authority/Municipality: Reach out to the appropriate local authority or municipality to initiate the COA application process.
- Facility Inspection: An Environmental Health Practitioner (EHP) will conduct an on-site inspection to assess compliance with Regulation 638.
- COA Issuance: Upon satisfactory inspection results, the local authority will issue you a Certificate of Acceptability.
Key COA Regulations
- Display and Notification: Display your COA prominently within your facility and ensure you notify the local authority of any changes in the Person-in-Charge or modifications to your food premises. (A Person-in-Charge could be the owner, manager, supervisor or whoever is responsible for the business.)
- Vehicle Certification: Vehicles used to transport prepacked food must carry a certified copy of the COA.
Seeking Exemptions and Addressing Issues
If certain Regulation 638 requirements pose challenges to your operation, you can apply for exemptions. However, valid reasons supported by evidence are necessary, and exemptions are subject to approval by the local authority. EHP’s may also prescribe additional hygiene measures beyond regulatory requirements to ensure optimal food safety standards.
Enforcement and Compliance
Regulation 638 empowers inspectors to enforce compliance rigorously. Facilities posing risks to public health may face temporary closure, fines, or prohibition orders. However, establishments have the opportunity to rectify deficiencies and regain compliance under the guidance of health authorities.
Exclusions from COA Requirement
Certain enterprises handling food are exempt from requiring a COA, such as businesses involved in hunting or fishing, handling unprocessed agricultural crops, or private residences handling food for charitable or personal purposes without compensation.
Conclusion
In navigating South Africa’s food regulations, obtaining a COA is not merely a bureaucratic hurdle but a testament to a business’s commitment to ensuring the safety of its patrons. By adhering to Regulation 638 and proactively engaging with local authorities, food establishments can not only secure their COA but also contribute to a safer, healthier food environment for all South Africans.
Frequently Asked Questions
May I handle food without a COA?
No, according to Regulation 638, it is illegal to handle food on premises that does not possess a valid COA from their local municipality. The only exceptions are businesses involved in hunting or fishing, handling unprocessed agricultural crops, or private residences handling food for charitable or personal purposes without compensation.
Where should I apply for a COA?
Contact your local municipality and request the contact information for the Environmental Health Department or EHP. Look on the municipal invoice for your food premises to determine which municipality constitutes your “local municipality”. Ask them for a COA application form.
How much does it cost to apply for a COA?
The application fee varies from one municipality to another. Some municipalities may even provide this service for free. Contact your local municipality to ascertain the applicable rate.
How long does it take to get a COA?
Once again, the duration of the process varies from municipality to municipality. You can expedite the process by ensuring that your business complies with all requirements, including training requirements, before applying for your COA.
Does a COA expire?
No, a COA does not expire (unless the hygiene regulation changes). However, you must notify your local municipality within 30 days if there is a change in the Person-in-Charge or if there are any significant changes to the facility or product lines that may affect food safety. You will then be issued an updated COA.
How Food Safety Matters can help you
South African Food Hygiene R638 Section 10(1) outlines the training requirements for food businesses. According to this regulation, the person in charge of the food business must undergo accredited training in food safety or possess a qualification that includes instruction on food safety (such as a food technologist or chef). Food Safety Matters offers an excellent accredited eLearning course designed specifically for Persons-in-Charge. For more information, please click here.
Furthermore, all other individuals working on the food business premises must receive regular training in basic food safety and hygiene. It is recommended that food handlers undergo refresher training in food safety at least annually. To meet these training needs, Food Safety Matters has developed a fun eLearning course, aligned with R638. We teach food handlers how to become Food Safety Heroes! For more details, please click here.