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

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

Dear Clients,

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

NATIONAL LEGISLATION

1) National Environmental Management Act

  • Financial Provisioning Regulations – Amendment

These Regulations deal with the financial provisioning for mining. The transitional period compliance date for Reg 17B was once again amended, this time to 19 February 2024.

2) Merchant Shipping Act

  • Merchant Shipping (Dangerous Goods) Regulations, 1997 – Draft amendment

Draft amendments to the 1997 Regulations were published for comment.

3) Agricultural Product Standards Act

  • Draft Regulations regarding Control over the Sale of Mayonnaise and Salad Dressing

Draft Regulations intending to repeal those brought out by GN R 636 of 2000 were initially published for comment on 26 May 2023. A second draft is now in circulation (according to

https://www.foodfocus.co.za/home/Industry-Topics/Quality/Mayonnaise-Regulations-Open-for-Comment), but the document on that website is a work in progress and not a Government Gazette copy. Nevertheless, contact details of the relevant official at the Department of Agriculture, Land Reform and Rural Development, as well as a template for submitting comments are available there. Should you wish to obtain a copy of the second draft and the template please visit the above website.

  • Standards and Requirements regarding Control of the Export of Dairy Products, 1991 – First draft amendment (Sep/Oct 2023)

A first draft to the Standards and Requirements regarding Control of the Export of Dairy Products, 1991, was circulated for comment. We obtained this from https://www.foodfocus.co.za/home/Legislation/Food-Safety/Standards-and-Requirements-regarding-Control-of-the-Export-of-Dairy-Products-for-Comment. A template for commenting (deadline 1 November 2023) can also be found there. As with the other draft Regulation this is a work in progress and not a Government Gazette copy.

4) Waste Act

  • Consultation on the Draft Strategy for Reducing Food Losses and Waste

This draft Strategy was published for public comment.

5) National Ports Amendment Bill

The First Pre-Draft National Ports Amendment Bill was published for comment.

PROVINCIAL LEGISLATION

No relevant provincial legislation was published this month.

MUNICIPAL LEGISLATION

6) Langeberg Local Municipality

The following new by-laws were published:

  • Stormwater Management By-laws
  • By-law relating to Roads and Streets (this repeals the 2008 By-law relating to Streets)
  • Electricity Supply By-law (this repeals the 2018 Standard By-law relating to Electricity Supply)
  • Water and Sanitation Services By-law (this repeals the Water By-law, 2010, and the (former Breede River/Winelands municipality’s) By-law relating to Sewerage and Sanitation Services, 2008).

7) King Sabata Dalindyebo Local Municipality

The Standard By-law relating to Roads and Streets was published.

8) Capricorn District Municipality

The Air Quality Management By-law was published.

SANS STANDARDS

9) SANS 10086-1:2023 (Ed 4.2) – The installation, inspection and maintenance of equipment used in explosive atmospheres – Part 1: Installations including surface installations on mines. Consolidated edition incorporating amendment No. 2

Ed 4.2 was published. According to the SANS Gazette Notice the following amendments were made to the following: foreword, referenced standards, clause on requirements, annex on overview of requirements for installations in explosive atmospheres.

We do not have a copy of the amended standard. Should you require this please contact the SABS.

 

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

Kind regards

MARK DITTKE