How safe is our food? A critical overview of the South African food safety legal framework.

Abstract

Foodborne diseases such as listeriosis, food fraud and recall of food products have become a serious cause for concern. These food safety challenges have brought food safety concerns to the fore. Moreover, food safety challenges have severe consequences on people’s health and the economy since the food industry contributes significantly to the South African economy. This thesis sought to address the central issue of food safety in South Africa. It has been highlighted that several food safety regulations and various regulatory bodies have been created in South Africa to deal with food safety. This thesis aimed to analyse the various regulations implemented by the South African Government to deal with food safety, the international food safety regulations and the current food safety challenges that exist in South Africa to assess the extent to which the South African legal framework regulates food safety and how effective have they been in addressing these food safety challenges. Further, the thesis aims to explore consumer rights and remedies under the Consumer Protection Act 68 of 2008 and provide a discussion of product liability and how businesses can be held accountable for unsafe food products. The research has found that despite these food safety regulations and the international commitment to ensure food safety, there are frequent food safety outbreaks and a high incidence of foodborne diseases in South Africa. This means that food in South Africa is not very safe. The main findings of this thesis were that there is an ineffective enforcement of these regulations, a gap in food safety governance and a lack of consumer awareness. Furthermore, it has been found that food safety laws are complex, and there is a lack of coordination between the DOH, DALRRD and the DTIC, who are responsible for ensuring and regulating food safety. The thesis argues that food safety is a shared responsibility and all stakeholders must play their part in improving food safety. Lastly, several recommendations have been provided to address these concerns and prevent future food safety risks.