ENVIRONMENTAL, HEALTH AND SAFETY AND FOODSTUFFS LEGAL UPDATE REPORT (SOUTH AFRICA) April 2023                                      

To download and / or print this newsletter please click on this link:

Monthly SHE and Foodstuffs Legal Newsletter of what happened in April 2023

Dear Clients,

Below please find a summary of selected relevant environmental, health and safety and foodstuffs legal developments that took place during April 2023.

 

NATIONAL LEGISLATION

1) Foodstuffs, Cosmetics and Disinfectants Act

  • DRAFT Regulations relating to the Labelling and Advertising of Foodstuffs

An earlier set of DRAFT Regulations was published in January 2023 for public comment (with the deadline for submissions being 30 April 2023).

On 21 April 2023 the Minister then published the Draft Regulations twice again in GN R 3320 (Government Gazettte 48445) and GN R 3337 (Government Gazettte 48460). It is unsure why this was done, and presumably this was yet another mistake by the authorities and the Government Printers. The new deadline for comments is 21 July 2023.

Should they enter into force they will repeal the Regulations relating to the Labelling and Advertising of Foodstuffs (GN R 146 of 2010), as well as the amendments made thereto (GN R 1091 of 2010 and GN R 45 of 2012).

In addition, Reg 6(2) of the Regulations relating to the Use of Sweeteners in Foodstuffs, GN R 3128 of 1991, will be repealed. Reg 6(2) deals with certain labelling restrictions and claims.

 

2) Air Quality Act

  • Declaration of Temporary Asphalt Plants as a Controlled Emitter and Establishment of Emission Standards – Draft Amendment

A draft amendment to these 2014 Standards was published for comment.

 

3)    National Environmental Management Act

  • Regulations laying down the Procedure to be followed for the Adoption of Spatial Tools or Environmental Management Instruments – Draft Amendment

These Regulations were promulgated in April 2019 and set out the procedure the Minister or MEC of Environmental Affairs must follow when adopting a spatial tool or environmental anagement instrument for which no environmental authorisation (in terms of an EIA) is required. A draft amendment was now published for comment.

 

PROVINCIAL LEGISLATION

No other relevant provincial legislation was published this month.

 

MUNICIPAL LEGISLATION

4)    Witzenberg Local Municipality

The Integrated Waste Management By-law was promulgated. This repeals the By-law relating to Refuse Removal.

 

If you have any questions please feel free to contact us.

Kind regards

MARK DITTKE