Are you thinking about starting a food business in South Africa or currently working on getting your Certificate of Acceptability (COA)? Many entrepreneurs have brilliant food business ideas but don’t know where to start and what to do to ensure their food business is legally compliant. While having a great business idea is a good start, you also need to consider the relevant food safety laws and regulations to avoid legal complications.
We have compiled a basic step-by-step guide on how to start a legally compliant food business in South Africa. This guide is also helpful for home-based food businesses and food trucks.
This article was last updated on 03 February 2024
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Let’s have a look at the basic steps and what you need to start a legally compliant food business in South Africa.
Step 1: Know and Define Your Product and/or Menu
As a food business owner in South Africa, it’s crucial to clearly understand and describe your product and/or menu items. This goes beyond just knowing what you serve – it’s about following the rules and regulations related to Food Safety and Quality in the country.
Knowing your product’s category and what type of food handling (for example, preparation, processing, cooking, manufacturing, distribution, storage, etc.) you will apply, will determine the type of Food Safety and Quality legislation you will have to comply with in your business. You may decide to start a restaurant or food truck, perhaps open a meat deboning plant or butchery or sell your famous hot sauce.
Being clear about what you offer helps you meet South Africa’s food safety legislation, standards and guidelines. For example, the Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972, have guidelines and requirements to ensure safe food practices.
Keep in mind there a various Acts with different Regulations that govern the food industry in South Africa. For example, the two most “used” regulations that fall under the Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972 are:
- R638 – Regulations Governing General Hygiene Requirements for Food Premises, the Transport of Food and Related Matters
- R146 – Regulations Relating to the Labelling and Advertising of Foodstuffs
Regulations R638 refers to a specific set of regulations related to the general hygiene requirements of food premises and the transportation of food and related matters in South Africa. R638 also governs the Certificate of Acceptability nearly all food handling premises must apply for.
Regulations R146 governs the labelling and advertising of foodstuffs. A well-defined “menu” provides the information needed for accurate and compliant labelling where applicable. Labelling helps you follow the rules, preventing legal troubles and keeping transparency with your customers.
4 Quick Steps to Determine if You Need Labelling for Your Food Products
- Get a copy of Regulations R146.
- Have a look at Regulation 2 to understand what products need labelling.
- Understand the definition of “prepackaged” food. You will find it under Regulation 1 (Definitions).
- Look at Regulation 54 (Exemptions) to see what products are exempted.
Do you need expert advice regarding labelling requirements? You are welcome to book a premium (paid) virtual consultation with one of our consultants.
BOOK HEREStep 2: Implement Processes to Ensure Product (Food) Safety and Quality
You should implement relevant processes in your food business that will guarantee product safety and quality. These processes are generally referred to as Good Manufacturing Practices (GMPs) and apply to all food-handling premises.
Examples of Good Manufacturing Practices include (to only mention a few):
- Personal hygiene practices: Enforce strict personal hygiene practices for all employees, including regular handwashing, use of protective clothing, and proper grooming.
- Sanitation and Cleaning Procedures: Establish a robust cleaning schedule for all equipment, utensils, and food preparation areas. Always use approved sanitisers and cleaning agents.
- Supplier Control: Source ingredients from reputable suppliers who adhere to food safety standards.
- Temperature Control: Monitor and control temperatures during food storage, preparation, and transportation. Regularly calibrate thermometers to ensure accuracy.
- Storage Practices: Implement a first-in, first-out (FIFO) system to prevent the expiry of ingredients. Store raw and cooked foods separately to prevent cross-contamination.
- Allergen Management: Clearly label allergens on product packaging. Educate staff about allergen awareness and handling procedures.
- Pest Control: Implement effective pest control measures to prevent infestations. Regularly inspect and clean areas prone to pest activity.
- Raw Material Handling: Develop procedures for receiving, inspecting, and storing raw materials. Clearly label and segregate raw materials based on their status and intended use.
- Cross-Contamination Prevention: Establish protocols to prevent cross-contamination between raw and cooked products. Implement colour-coding and separate storage areas for allergenic ingredients.
- Water Quality and Usage: Ensure the water used in food production meets quality standards. Regularly test and monitor water sources and processing water.
- Waste Management: Develop and implement procedures for the proper disposal of waste. Regularly clean and sanitize waste disposal areas.
- Traceability and Recall Procedures: Establish a system to trace products from suppliers to consumers. Develop a recall plan to swiftly remove potentially unsafe products from the market if necessary.
- Record-Keeping: Maintain detailed records of all food safety activities, including cleaning schedules, temperature logs, and supplier documentation. Ensure records are readily available for inspection.
You must ensure that you keep documentation. For example, Standard Operating Procedures (SOPs) specify how the above will be done in the facility. Record keeping is important to ensure there is evidence of complying with these requirements.
5 Examples of Food Safety documents for small food businesses
- Food Safety Policy
- Stock Rotation and Stock Control
- Supplier Approval and Monitoring
- Good Manufacturing Practices Checklist
- Personal Hygiene Checklist
ASC Consultants compiled a list of document templates to help small food business owners kickstart their record-keeping process.
VIEW THE LIST OF DOCUMENTS HERE DOCUMENTS TOOLKIT PAGEStep 3: Ensure Your Premises and Equipment are Suitable
The construction, design (layout) and location of food premises and equipment used should not pose a health hazard and should always promote Food Safety. The hygienic handling and protection of food from all types of contamination are key.
What are the Most Basic Food Safety Requirements Regarding Food Premises and Equipment?
Regulations R638: 2018 is the most basic food safety legislation every food handling business must comply with. As per Regulation 5 (requirements for food premises) of Regulations R638, food premises must be suitable for food handling. Therefore, the food premises and equipment must be of such a nature that it will not create a health hazard and that the food –
- can be handled hygienically and
- can be protected effectively 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 (including unintended allergens) or biological contamination or pollution.
Considerations for Food Premises (Examples)
When it comes to food premises the following should also be taken into consideration to ensure compliance with Good Manufacturing Practices:
Location:
- Proximity to Contaminants: Avoid locations near sources of contamination, such as industrial facilities or waste disposal sites.
- Accessibility: Where applicable, ensure the premises are easily accessible for deliveries and inspections.
Design:
- Flow of Operations: Where applicable, the design of the layout should facilitate a smooth flow of food from receiving to storage, preparation, cooking, and serving.
- Separation of Areas: Clearly demarcate different areas for raw and cooked food handling to prevent cross-contamination.
- Ventilation and Lighting: Ensure proper ventilation and adequate lighting to maintain a hygienic environment.
- Waste Management: Designate specific areas for waste disposal, ensuring it does not compromise Food Safety.
- Pest Control Measures: Implement measures to prevent and control pests.
Layout:
- Food Storage: Allocate adequate space for proper storage of raw and cooked food, ensuring proper temperature control and preventing spoilage.
- Equipment Placement: Arrange kitchen equipment logically to optimise workflow and prevent congestion.
- Handwashing Facilities: Ensure convenient placement and easy access to handwashing stations for staff.
Considerations for Equipment and Other Food Contact Surfaces (Examples)
The selection, maintenance, and usage of equipment and other food contact surfaces in food businesses are critical factors influencing Food Safety. Here are a few key considerations for equipment and food contact surfaces used in food establishments:
Material Selection FOR EQUIPMENT AND FOOD CONTACT SURFACES:
- Food-Grade Materials: All equipment that comes into direct contact with food must be constructed from materials approved as safe for food handling.
- Corrosion Resistance: Choose materials that resist corrosion and are easy to clean and sanitise.
Design and Construction FOR EQUIPMENT AND FOOD CONTACT SURFACES:
- Smooth and Seamless Construction: Equipment surfaces should be smooth, seamless, and free from cracks or crevices that can harbour bacteria.
- Accessible for Cleaning: Design equipment with removable parts or easily accessible areas to facilitate thorough cleaning and sanitation.
Temperature Control (WHERE APPLICABLE):
- Thermometers: Install accurate and easily readable thermometers to monitor and maintain appropriate temperatures in refrigerators, freezers, and cooking equipment.
- Heat Transfer: Ensure that cooking and holding equipment effectively transfer heat to eliminate harmful bacteria.
Maintenance and Calibration FOR EQUIPMENT:
- Regular Inspection: Implement a routine maintenance schedule for all equipment to identify and address issues promptly.
- Calibration: Calibrate temperature-measuring devices regularly to ensure accuracy.
Cross-Contamination Prevention:
- Separation of Equipment: Design the layout to prevent cross-contamination, separating equipment used for raw and cooked foods.
- Colour-Coding: Consider implementing a colour-coding system for utensils and cutting boards to avoid cross-contact.
Sanitation FOR EQUIPMENT AND FOOD CONTACT SURFACES:
- Easy to Clean: Select equipment that is easy to disassemble and clean thoroughly to prevent the buildup of dirt and bacteria.
- Sanitation Protocols: Establish and enforce proper sanitation protocols for equipment, including cleaning schedules and the use of food-safe sanitisers.
Not sure if your premises and equipment are suitable for starting a food business?
We can help and have two excellent options available:
- Free advice: Join our biweekly free webinar for basic information and group discussions: Join Here
- Paid premium virtual consultation: Book Here
Our budget-friendly premium virtual consultation option gives you access to one of our expert consultants for an hour.
Our consultant will provide guidance and give you excellent advice. We also allow for a virtual walkthrough of your premises during the consultation.
Step 4: Get the Necessary Training for You and Your Staff
What Food Safety Training do I need as a Food Business Owner and as a Food Handler?
All food business owners or managers or any person recognised as a person in charge of the food premises must get food safety training.
The training requirements are set out in Regulation 10 of the R638: 2018. In addition to the training of the persons in charge, ALL food handlers must also receive food safety training annually.
A person in charge who has been found competent can provide this training.
It is the responsibility of the person in charge to keep all training records proving successful training. Should the person in charge not be comfortable providing this training, they may ask a food safety training institution like ASC Consultants to conduct training. Our Regulation R638:2018 Training has proven to be the most popular of all our training interventions.
Step 5: Attain a Business Licence and a Certificate of Acceptability
To legally sell any foodstuff in South Africa, except unprocessed agricultural products, you must apply for a Certificate of Acceptability from the local authority, which would typically be your municipality. This certificate must be in place before you start trading.
Once you have applied for the certificate of acceptability (See Annexure A of the regulation on page 31), the municipal environmental inspector will visit your food premises and inspect the following:
- Food premises in general whether they are conducive for food handling.
- Surrounding areas and their potential to contaminate food manufactured at your premises, as well as your risk mitigation measures should there be a possibility of contamination.
- Waste and pest control measures were put in place.
- Training file for you as a person in charge and that of your staff members.
Your application should be processed by the local authority as soon as possible. An Inspector may require more information from you after the submission of your application.
It is essential to note that the COA must be displayed in an area visible to the public. Should that not be possible, the COA must be immediately available upon request.
A COA cannot be transferred from one person to another and/or from one food premise to another.
Step 6: Comply With All Other Relevant Legislation
What Legislation Do I need to Comply with as a Food Business?
You must comply with all other relevant South African laws and regulations, including municipal by-laws. These include have a valid business licence, health and safety as well as zoning permits. If you sell alcoholic beverages, you definitely must have a liquor licence, which you will need to apply for through your province’s liquor board . Other relevant regulations include the following:
- The Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972
- Basic Conditions of Employment Act 75 of 1997
- Tax Law; SARS, VAT, Income Tax, Customs Tax,
- Companies Act 71 of 2008,
- Close Corporations Act 69 of 1984,
- Consumer Protection Act 68 of 2009 and the Competition Act 89 of 1998.
Find out additional relevant laws, including those applicable to the product being handled or manufactured.
Step 7: Implement a Recognised HACCP System Certification
HACCP certification is normally optional depending on customer requirements but there are specific industries where HACCP Certification is compulsory as per Regulation R908 of 2003 and associated amendments. HACCP Certification is compulsory for the following food business
- ALL PROCESSORS OF READY -TO -EAT HEAT TREATED MEAT PRODUCTS AS DEFINED IN SANS 885
- All PROCESSORS OF READY -TO -EAT HEAT TREATED POULTRY PRODUCTS AS DEFINED IN SANS 885
- PEANUT HANDLING FACILITIES (PACKING AND MANUFACTURING)
Click on this blog below to find out how you can achieve this.
Please call us for any training needs. We also provide document templates to make it easier for you to implement your preferred food safety management system.
Contact us now for more!15 Steps on How to Get FSSC 22000 Certification and Grow Your Business
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Good day, I would like to start fruit juice packaging, how do I join your free webinar on Fridays
Hi Tafara,
Here is the link where you can book your seat for the free webinar: https://calendly.com/aluzar/free-webinar-how-to-start-a-food-business-in-sa
ASC Consultants
What do I do when I have been waiting for a feedback after three months with no response after my firstnapplication went missing and making another application for a food permit plus doing consistent follow-ups to find out how far are they with my application? They keep on saying they are also waiting for a feedback.
Hi Charles,
We are sorry to hear about your struggles with your COA application. The best solution is to stay in touch with them and if possible see if you can find someone else or a senior person to assist you.
We wish you all the best.
You are welcome to keep us updated.
ASC Consultants
Good day
I would like to start a quarter business in my house. Where do I start or what is required?
Hi Zanele,
You are welcome to join one of the free webinars we present every second Friday between 09:00 and 10:00 where our presenter will be able to answer all your questions. Here is the link to book your seat: How to Start a Food Business in South Africa and Apply for a Certificate of Acceptability.
Kind regards,
ASC Consultants
I would love to start a cafeteria business
Hi Thapelo,
You are welcome to join one of the free webinars we present every second Friday between 09:00 and 10:00 where our presenter will be able to answer all your questions. Here is the link to book your seat: How to Start a Food Business in South Africa and Apply for a Certificate of Acceptability.
Kind regards,
ASC Consultants
Good day.
I want to find out how can i obtain training and obtain a lisence to sell vegetables locally.
Thanks
Hi Mark,
You are welcome to join one of the free webinars we present every second Friday between 09:00 and 10:00 where our presenter will be able to answer all your questions. Here is the link to book your seat: How to Start a Food Business in South Africa and Apply for a Certificate of Acceptability.
Kind regards,
ASC Consultants
I want to start a Smoothy Bar. What certifications do I need?
Hi Vincent,
You are welcome to join one of the free webinars we present every second Friday between 09:00 and 10:00 where our presenter will be able to answer all your questions. Here is the link to book your seat: How to Start a Food Business in South Africa and Apply for a Certificate of Acceptability.
ASC Consultants
Good morning,
I would like to start a candy making bussiness, what are the requirements for compliance.
Regards,
Gala
Good day Gala,
You are welcome to join one of the free webinars we present every second Friday between 09:00 and 10:00 where our presenter will be able to answer all your questions. Here is the link to book your seat: How to Start a Food Business in South Africa and Apply for a Certificate of Acceptability.
ASC Consultants