FOOD SAFETY ACT

to provide for the protection of the public against health hazards and fraud in the manufacture, sale and use of food; provide for a streamlined process for regulatory clearances for regulatory health requirements for food premises; establish the Food Safety Coordinating Committee and provide for its functions and powers; provide for health inspection reports and report notices; establish the National Food Laboratory; repeal the Food and Drugs Act, 1972 and sections 79 and 83 of the Public Health Act, 1930; and provide for matters connected with, or incidental to, the foregoing.

[6th March, 2020]

Act 7 of 2019,

SI 19 of 2020.

PART I
PRELIMINARY PROVISIONS

1. Short title

This Act may be cited as the Food Safety Act.

2. Interpretation

In this Act, unless the context otherwise requires—

"adulteration" means the intentional addition or subtraction of a substance to or from an article that is likely to adversely affect its quality;

"advertisement" includes a representation, by any means, for the purpose of promoting, directly or indirectly, the sale or disposal of any food or device;

"animal" has the meaning assigned to the word in the Animal Health Act, 2010;

"animal produce" means a product of a live animal such as milk, eggs and honey and their by products or other products of animal origin intended for human or animal consumption;

"animal product" has the meaning assigned to the words in the Animal Health Act, 2010;

"appeals committee" means an ad hoc appeals committee constituted under section 61;

"appropriate enforcement authority" means the Ministry responsible for health, the Ministry responsible for animal health, the Ministry responsible for agriculture, the Ministry responsible for higher education, the Ministry responsible for trade, industry and consumer protection or a local authority and any other Ministry or institution that the Minister may specify, by statutory instrument;

"approved laboratory" means any laboratory undertaking the functions relating to food safety established under any other written law;

"article" includes—

(a) any food, food additive or device and any labelling or advertising materials in respect of the food, food additive or device; or

(b) anything used for the preparation, preservation, packing or storing of any food, food additive or device, but excludes narcotics, psychotropic substances and their precursors and essential chemicals;

"authorised officer" means medical officer of health, environmental health officer, health inspector, plant health inspector, veterinary officer, veterinary inspector as assigned in the Animal Health Act, 2010 and any other suitably qualified officer appointed as such by the Minister, by statutory instrument, for the purposes of this Act, and includes—

(a) a police officer and an officer of the Department of Customs and Excise authorised in that behalf by the Commissioner-General responsible for Customs and Excise; and

(b) principal officer as defined in the Local Government Act, 2019;

"authorised person" means a person assigned to carry out the duties of a law enforcement authority for the purposes of this Act;

"business" has the meaning assigned to the word in the Business Regulatory Act, 2014;

"certificate of compliance" means a certificate issued to an applicant under section 26;

"Committee" means the Food Safety Coordinating Committee established under section 3;

"contact material" means an article or substance which is intended to come into contact with food;

"contaminant" means a substance not intentionally added to food, which is present in the food as a result of the production or operations carried out in crop husbandry, animal husbandry, veterinary medicine and the manufacture, processing, preparation, treatment, packaging, transportation or handling of the food as a result of environmental contamination, but does not include insect fragments, rodent hair and other extraneous matter;

"contaminate" means the effect exerted by an external agent on food so that it—

(a) does not meet a standard or requirement determined by any law;

(b) does not meet acceptable food hygiene standards or consumer norms or standards; or

"conveyance" means an aircraft, ship, train, vehicle or any other means of transport;

"court" means a court of competent jurisdiction;

"device" means an instrument, apparatus or contrivance, including components, parts and accessories of the instrument, apparatus or contrivance, manufactured, sold or intended for use in the preparation, preservation, packaging, storage or transportation of any food;

"environmental health officer" means a person registered as an environmental health officer under the Health Professions Act, 2009;

"food" means any substance, whether processed, semi-processed or raw, which is intended for human consumption, and includes water, drinks, chewing gum and any substance which has been used in the manufacture, preparation or treatment of food;

"food additive" means a natural or synthetic substance used in the processing of food as a preservative, antioxidant or emulsifier in order to preserve or add flavour, colour or texture to processed food, but does not include contaminants or substances added to food for maintaining or improving nutritional qualities;

"food control system" means an organised mandatory regulatory system of enforcement by national or local authorities to provide consumer protection and ensure that food is safe during the production, handling, storage, processing and distribution and is wholesome and fit for human consumption;

"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 safety" means a scientific discipline describing the production, manufacture, handling, preparation and storage of food in a manner that prevents food related diseases and harm;

"food source" means a living plant, animal, bird or fish from which food is intended to be derived, whether by gathering, harvesting, slaughtering, milking, collecting eggs or otherwise;

"food quality" means the quality characteristics of food that includes external factors such as appearance, texture and flavour;

"handle" includes manufacture, process, produce, pack, prepare, keep, offer, store, transport or display for sale or serving, and "handling" shall be construed accordingly;

"harmful" means capable of causing damage or harm;

"health clearance permit" means a written permission granted to a trader to allow the trader to import articles into, or export articles out of Zambia after all necessary health requirements provided for by this Act have been fulfilled accordingly;

"health hazard" includes any condition, act or omission that may contaminate or spoil food so that consumption of that food is likely to be dangerous or detrimental to health;

"health inspector" has the meaning assigned to the words in the Public Health Act;

"health inspection" means an investigation, observation or inquiry carried out at business premises as required under this Act or any other written law, by the Committee, a local authority, regulatory agency or a joint inspection team, for checking or examining compliance by a business with regulatory health requirements under this Act or any other written law;

"health inspection report" means a document issued or to be issued to an applicant for a licence, permit or certificate under the relevant law, certifying that the applicant’s business premises and business activities or proposed business premises and proposed business activities are in compliance with regulatory health requirements in accordance with this Act or any other written law;

"insanitary conditions" means conditions or circumstances that might cause contamination of an article and render the article injurious or dangerous to health;

"joint inspection team" means a composite team from relevant regulatory agencies mandated under this Act or any other law to undertake health inspections;

"label" includes a tag, brand, mark, pictorial or other descriptive matter, written, printed, stencilled, marked, embossed or impressed on, attached to or included in, belonging to or accompanying any food or device;

"Laboratory" means the National Food Laboratory established under section 39;

"local authority" has the meaning assigned to the words in the Constitution;

"Medical Officer of Health" has the meaning assigned to the words in the Public Health Act;

"package" includes anything in which an article is wholly or partly placed or packed whether open or closed;

"premises" includes—

(a) a building, tent or other structure, permanent or otherwise, with the land on which the building, tent or structure is situated and any adjoining land used in connection with the building, tent or structure, or a vehicle, conveyance or vessel used for the manufacture, processing, preparation, treatment, packing, packaging or storage of an article; and

(b) for the purpose of section 18, a street, open space or place of public resort, bicycle or other vehicle used for the preparation, preservation, packaging, storage or conveyance of an article;

"process" includes a procedure involving the storage and preparation of food;

"public analyst" means a person appointed as a public analyst under section 41;

"public officer" has the meaning assigned to the words in the Constitution;

"register" means a register of regulatory health clearances, certificates of compliance, notifications of refusal and health clearance certificates established pursuant to section 38;

"regulatory agency" has the meaning assigned to the words in the Business Regulatory Act, 2014;

"regulatory clearance system" has the meaning assigned to the words in the Business Regulatory Act, 2014;

"regulatory health clearance" means the certification by the Committee, a local authority or regulatory agency, or these institutions acting jointly, that an applicant for a licence, permit or certificate under any other law has complied with prescribed regulatory health requirements under this Act or any other law;

"regulatory health requirement" means a regulatory requirement relating to or impacting on health or a requirement or standard required to be complied with under this Act;

"regulatory requirement" has the meaning assigned to the words in the Business Regulatory Act, 2014;

"regulatory service" has the meaning assigned to the words in the Business Regulatory Act, 2014;

"regulatory services centre" has the meaning assigned to the words in the Business Regulatory Act, 2014;

"Scientific Advisory Sub Committee" means the Scientific Advisory Sub Committee established under section 5;

"sell" includes to offer, advertise, keep, store, expose, transmit, convey, deliver or prepare for sale or exchange, give, donate or dispose of for any consideration or transmit, convey or deliver in pursuance of a sale, exchange or disposal;

"ship" includes a boat, canoe, vessel or craft;

"single licensing system" has the meaning assigned to the words in the Business Regulatory Act, 2014;

"slaughter" includes the harvesting, removal or taking of an animal for the purpose of use as an article;

"standard" has the meaning assigned to the word in the Standards Act, 2017;

"substance" includes solid, liquid and gas;

"unsafe" in relation to food, means food that is likely to cause physical harm to a person who might consume it, except that food is not unsafe merely because its inherent nutritional or chemical properties cause, or its inherent nature causes, adverse reactions only with allergies or sensitivities;

"unsuitable food" includes food that—

(a) is the product of a diseased animal or an animal that has died other than by slaughter, and has not been declared under this Act or any other written law to be safe for human consumption; or

(b) contains a biological or chemical agent or other matter or substance that is foreign to the nature or food in an amount that exceeds the level permitted under any written law; and

"Zambia Bureau of Standards" means the Zambia Bureau of Standards established under the Standards Act, 2017.

PART II
THE FOOD SAFETY COORDINATING COMMITTEE

3. Establishment of Food Safety Coordinating Committee

(1) There is established the Food Safety Coordinating Committee which is responsible for the implementation of the provisions of this Act.

(2) The First Schedule applies to the Committee.

(3) The Committee consists of the following members appointed by the Minister—

(a) a representative of the Ministry responsible for health, who shall be the Chairperson;

(b) one representative each of the Ministries responsible for—

(i) animal health;

(ii) commerce;

(iii) higher education;

(iv) agriculture;

(v) local government; and

(vi) water, sanitation and environment; and

(i) the Attorney-General;

(ii) a Consumer interest organisation;

(iii) the Zambia Chamber of Commerce and Industry; and

(iv) the Zambia Association of Manufacturers.

(4) The members referred to in sub-section (3) shall be nominated by their respective institutions.

(5) The members shall elect the Vice Chairperson from among themselves.

(6) A person shall not be nominated or appointed as a member of the Committee if that person—

(a) has been convicted of an offence under any written law and sentenced to imprisonment for a period exceeding six months, without the option of a fine;

(b) is in lawful custody or the person’s freedom of movement is restricted under any law in force within or outside Zambia;

(d) is adjudged or declared bankrupt under any written law.

(7) The Minister shall, in appointing the members of the Committee, ensure equitable gender representation, and representation of the youth and persons with disabilities in accordance with the Constitution.

(8) The Committee may, for the purposes of this Act, co-opt any other person from a Government department, the private sector or non-governmental organisation as a member, with approval of the Minister.

4. Functions of Committee

(1) The functions of the Committee are to—

(a) co-ordinate activities and responses relating to food safety among enforcement agencies in order to have a unified scientific basis in the food control system;

(b) co-ordinate the regulation of importation, exportation, production, manufacturing, labelling, storage, promotion, transportation, advertisement, packing, packaging, sale, distribution and disposal of articles and materials or substances used in the manufacture of an article;

(c) facilitate consumer protection in relation to food safety in collaboration with the Competition and Consumer Protection Commission;

(d) facilitate information sharing among enforcement agencies on matters relating to food safety;

(e) co-ordinate the implementation of food safety policies, procedures and guidelines;

(f) advise the Minister on policy matters related to food safety; and

(g) liaise with other agencies in matters relating to food safety.

(2) The Committee shall, in the performance of its functions—

(a) consult and co-operate with any State institution in the implementation of this Act; and

(b) recognise the role of other agencies in implementing matters relating to food safety.

5. Scientific Advisory Sub Committee

The Committee shall, on the terms and conditions that it may determine, constitute a Scientific Advisory Sub Committee comprising experts from fields relevant to matters of food safety and quality.

6. Functions of Scientific Advisory Sub Committee

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