Zimbabwe - Statutory law - Food safety
Food Safety
Zimbabwe
SUMMARY
The food control and regulatory system in Zimbabwe falls under several Acts, which are under different government ministries. The principal Acts are the Public Health Act, the Food and Food Standards Act, the National Biotechnology Authority Act, the Control of Goods Act and the Animal Health Act. There are various regulations under these Acts that are relevant to food safety. The Acts establish institutions that are relevant to food safety. The Food and Food Standards Act establishes the Food Standards Advisory Board with a principal role of advising the Minister of Health on all food safety-related matters. With regard to issues of public health, the Public Health Act establishes the Advisory Board on Public Health whose principal function is to advise the Minister on all public health matters. The National Biotechnology Authority is established by the National Biotechnology Authority Act, and the Department of Veterinary Services under the Ministry of Agriculture also plays a pivotal role in issuing veterinary certificates. The food control system seeks to enhance good hygienic practices (GHP) throughout the food chain. Meat processing hygiene is part of the quality management (QM) of meat plants and refers to the hygienic measures to be taken during the various processing steps in the manufacture of meat products. In Zimbabwe, the food safety system is controlled through measures such as import and export permits, inspections, licensing and registration. The Public Health Act requires that all animals and birds intended for human consumption must be slaughtered in registered abattoirs that are licensed by the local authority. In addition to the licensing by the local authority, the Food and Food Standards (Inspection and Certification) Regulations provide for the inspection and certification of the premises involved in the sale, manufacture, production, processing or treatment of food. The food safety system relies on the registration of importers and exporters as well as of import and export permits. The National Biotechnology Regulations require the registration of importers and exporters with the National Biotechnology Authority. Further, the Regulations require that import or export permits be obtained before meat/fish products are brought into or out of the country.
GENERAL PROVISIONS
FACILITIES AND HYGIENIC PRACTICES
The Food and Food Standards Act establishes the Food Standards Advisory Board, whose principal role is to advise the Minister of Health on all food safety-related matters. With regard to issues of public health, the Public Health Act establishes the Advisory Board on Public Health, whose principal function is to advise the Minister on all public health matters.
In Zimbabwe, the Public Health Act requires that all animals and birds intended for human consumption must be slaughtered in registered abattoirs that are licensed by the local authority. In addition to the licensing by the local authority, the Food and Food Standards (Inspection and Certification) Regulations provide for the inspection and certification of premises involved in the sale, manufacture, production, processing or treatment of food. An application for certification is made to the food inspector, who carries out an inspection within 30 days and issues a sanitary certificate stating that he/she is satisfied that the premises comply with the required minimum standards of hygiene, as defined by the regulations. The Food and Food Standards (Inspection and Certification) Regulations also provide for a safety and quality rating system of premises (orange, green, white) based on the voluntary implementation of Hazard Analysis and Critical Control Points (HACCP), Good hygienic Practices (GHP) and Good Manufacturing Practices (GMP) programmes. The use of premises as a slaughterhouse without a licence is a criminal offence that attracts a fine not exceeding level 7 and/or imprisonment for a period not exceeding six months. After slaughter, the meat must undergo inspection by a meat inspector employed by a local authority. The meat must be unconditionally passed as suitable for human consumption. The Regulations in the First Schedule set out minimum hygienic standards that must be met by food handlers and food handling facilities. All food handlers are required to be medically examined upon engagement and annually thereafter. The conviction of a holder of a slaughterhouse licence for any offence in contravention of the Public Health Act automatically results in the termination of the licence.
INSPECTORS
Food inspection lies at the heart of the food safety enforcement system. Food safety inspectors carry out inspections in food processing environments from a food safety standpoint. They are part of official control bodies who check and control food products and processes to ensure compliance with regulations and laws governing safety and health. Food inspectors are appointed according to the Public Health Act and the Food and Food Standards Act. The Public Health Act empowers the Minister of Health to appoint inspectors from members of the public service, while the Food and Food Standards Act provides for the appointment of inspectors to maintain standards relating to food and matters incidental thereto. The Food and Food Standards Act further provides for the appointment of inspectors by local authorities. Such inspectors shall only have powers within the jurisdiction of the appointing local authority. Section 20(2) of the Food and Food Standards Act provides that the Minister shall appoint a person as an inspector if the person is qualified by technical training and has competent knowledge, skill and experience for the proper discharge of the duties of his/her office. Inspectors have wide powers under the Food and Food Standards Act: to enter, inspect or search any premises, place, vehicle, vessel or aircraft; open and examine any receptacle or package found in or on the premises, place, vehicle, vessel or aircraft; inspect any store, record, book, document or account in or upon the premises, place, vehicle, vessel or aircraft; require the owner or occupier of the premises, place, vehicle, vessel or aircraft to produce or make available to him/her for inspection any store, record, book, document or account, and to remove and detain any food pending disposal proceedings. The powers of an inspector may be exercised by an officer of the Department of Customs and Excise, generally or specially authorized by the Director of Customs and Excise in respect of imported food. A police officer of or above the rank of sergeant, or any other police officer specially authorized by the Secretary of Health or by a commissioned police officer may also exercise the powers of an inspector with regard to any food.
MEAT AND PRODUCTS GENERATED FROM HUNTING
GENERAL PROVISIONS
The Public Health Act and the Public Health (Abattoir, Animal and Bird Slaughter and Meat Hygiene) Regulations as well as the Food and Food Standards Act and the Food and Food Standards (Inspection and Certification) Regulations, which establish acceptable hygienic standards in the meat value chain, have no provisions on wild meat. There is no emphasis on slaughter hygiene in Good Hygienic Practices (GHP) schemes for hunted wild meat. As a result, GHP such as bleeding and partial evisceration, partial skinning and/or dressing to minimize contamination of edible parts; removal of animal parts that are not necessary for post-mortem inspection, and retention of the heart, kidneys, lungs and livers for appropriate inspection for abnormalities are not mandatory requirements under the law for hunted wild meat. The law does not require hunters to be trained in basic ante- and/or post-mortem inspection techniques. Further, there are no requirements that hunters be trained in basic meat dressing and hygiene procedures (e.g. bleeding, evisceration) or to be accompanied by a qualified operator during the hunt for meat intended for human consumption. Exercising their powers through the Urban Councils Act and the Rural District Councils Act, local authorities have the power to draft by-laws controlling the sale of game meat within their areas. It is in this regard that the Harare City Council enacted the Harare (Meat) By-laws. These By-laws regulate the sale, handling, storage and transportation of wild game meat. Under Section 6 of the Harare (Meat) By-laws, the facilities and premises used for handling game meat must be registered and inspected before a licence to sell game meat can be issued.
TRANSPORTATION
The transportation of game meat is not regulated in any law of general application in Zimbabwe. However, some local authorities, such as the Harare City Council, have invoked their powers under the Urban Councils Act and enacted by-laws that regulate the transportation of game meat. The Harare (Meat) By-laws seek to minimize the risk of contamination of wild meat during transportation by providing that the vehicle used for transporting game meat must have a certificate of approval by the medical health officer and must be kept and maintained in a clean and sanitary condition. Further, the details of the owner including the name and address must be clearly written on the vehicle. The By-Laws further require that any introduction of game meat into the council area be notified to the authorised person and that carcasses from hunted animals be transported to an establishment or a slaughterhouse designated by the authorized person for post-mortem inspection and dressing. This applies to meat that is intended for supply, distribution and sale to the public.
FISH AND PRODUCTS GENERATED FROM FISHING AND AQUACULTURE
GENERAL REQUIREMENTS
The Parks and Wildlife Act regulates the permitted and prohibited methods of killing or fishing. The Act prohibits fishing using explosives, firearms, chemicals, jigs, electrical devices and fishing nets without a permit. It authorizes the use of methods such as a rod and a line, basket traps, spear guns and spears. While there are no specific prescriptions on the general design and construction of vessels used for fishing, the use of fishing nets requires a permit. Once caught, the handling of the fish is regulated by the Food and Food Standards Act and the Food and Food Standards (Fish and Fish Products) Regulations. The premises used as facilities for the storage, processing and sale of fish must be inspected, and a sanitary certificate issued by the Food Inspector. Furthermore, the premises must meet the minimum standards of hygiene set out in the First Schedule of the Food and Food Standards (Inspection and Certification) Regulations. These include the use of clean and potable water, proper ventilation, use of cold rooms, and the disinfectants. Personnel involved in food handling must undertake annual medical checks. However, the regulation lacks in major respects. First, the law does not prescribe the health standards for aquatic animals sold live to consumers. Second, the law does not prescribe handling requirements for fishery products (during harvesting, sorting and transfer) in a manner that minimizes the risk of contamination. Third, the law does not prescribe requirements for the treatment of fishery products where necessary e.g. heading, gutting, filleting, as required. Finally, the law does not prescribe any requirements for the transportation of fish throughout the value chain.
INSPECTION
LAIRAGE (APPLIES TO LIVESTOCK AND FARMED WILD ANIMALS ONLY)
The Public Health (Abattoir, Animal and Bird Slaughter and Meat Hygiene) Regulations regulate the lairage for animals and birds. Before an animal or bird is slaughtered, it must be put in lairage awaiting ante-mortem inspection and subsequent slaughter. The Regulations provide that lairage for animals must be separated from the stunning area. The construction of lairage facilities must meet certain conditions, which include sufficient accommodation for all animals that are to be slaughtered in any 24-hour period; a roofed section provided for the housing of animals scheduled to be slaughtered within the next 12 hours; and floors constructed of concrete or of similar durable impermeable material. The floor must be sufficiently sloped and drained to permit thorough cleaning and disposal of waste material in such a way as to avoid contamination of other pens or walkaways and must have a kerb of at least 300 mm in each pen to minimize cross-contamination from adjacent pens and walkaways. There must be sufficient lighting in the roofed section to always permit the inspection of the animals; and each pen must have a water trough of adequate capacity to supply water to all animals in the pen prior to slaughter. Divisions between pens and walkaways must be constructed of impermeable and easily cleaned material, free from sharp projections and of a sufficient height and strength to contain the animals. There must also be adequate, separate, lockable quarantine facilities for the inspection and detention of animals, together with adequate post-mortem and incineration facilities for dead animals, and a drain with a separate soakaway. The lairage for birds shall consist of a separate roofed receiving area constructed so that live birds do not have access to any part of the slaughterhouse, and an impervious, easily cleanable floor that is sufficiently sloped and drained. There must also be a separate lockable room that is easy to clean and disinfect, to be used exclusively for holding birds suffering or suspected to be suffering from a disease, or that are dead on arrival.
ANTE-MORTEM INSPECTION (APPLIES TO LIVESTOCK AND FARMED WILD ANIMALS ONLY)
The Public Health (Abattoir, Animal and Bird Slaughter and Meat Hygiene) Regulations provide that ante-mortem inspection must be performed within 72 hours of the animal's arrival in a slaughterhouse. If an animal is not slaughtered within 24 hours after an ante-mortem inspection has taken place, then ante-mortem inspection must be repeated. The Regulations provide a list of diseases that must be checked during ante-mortem inspection in the Fourth and Fifth Schedules. The meat inspectors are authorized to declare the animal or bird unfit for human consumption, in which case the animal or bird shall be condemned.
POST-MORTEM INSPECTION (APPLIES TO MEAT FROM ALL ANIMALS, BOTH WILD AND FARMED, TERRESTRIAL AND AQUATIC)
The Public Health (Abattoir, Animal and Bird Slaughter and Meat Hygiene) Regulations provide that, as soon as practicable after the slaughter of any animal or bird, a meat inspector shall subject the carcass and all its parts to a post-mortem inspection. The post-mortem examination of a carcass shall be carried out in accordance with the requirements of the Sixth Schedule and any other requirements that the Director of Veterinary Services may impose. The Sixth Schedule prescribes the post-mortem tests that must be performed and corresponding judgement criteria. The Regulations do not contain any provisions for the post-mortem inspection of wild game. The owner of the meat or carcass being inspected pays the cost for inspection under section 102(1) of the Public Health Act. Under section 101(1) of the Public Health Act, health inspectors have the power to declare any meat unfit for human consumption. Such meat shall be disposed of as per the Food and Food Standards Act. Section 101(2) of the Public Health Act provides that the sale of meat that has not been declared to be unconditionally fit for human consumption carries a fine not exceeding level 6 and/or imprisonment for a period not exceeding six months.
PROCESSING
MARKING
The Public Health (Abattoir, Animal and Bird Slaughter and Meat Hygiene) Regulations provide that any carcass, meat, offal, or other part or product of a carcass that, in the final opinion of the meat inspector, is wholesome and fit for human consumption shall be passed unconditionally and marked according to the requirements of the Seventh Schedule. Meat that has passed as unconditionally fit for human consumption is marked with a stamp bearing the inscription: “Meat inspection-passed”. The mark should also have the registered number and the physical address of the slaughterhouse. Condemned meat at post-mortem inspection is marked with a stamp that cannot be destroyed when wet, bearing the inscription: “Meat inspection-condemned”. It must also contain the reasons and registered number of the slaughterhouse. All marks must be affixed on easily identifiable areas of the carcass. The mark must be made from non-toxic vegetable dye. The labelling of fish/meat products for the market is regulated by the Food and Food Standards (Food Labelling) Regulations, 2002. The Regulations require that the package of every food offered for sale must bear a label stating the name and business address of the manufacturer, packer or distributor, indicating the actual site of production. This is critical for enabling the traceability of the product in case of food contamination. Further, some local authorities such as the Harare City Council have enacted by-laws on the marking of meat intended for human consumption. Section 4 of the Harare (Meat) By-laws requires the grading and marking of meat that has been inspected by a state grader. Section 4(2) provides that meat that has not been graded and marked cannot be sold for human consumption and should be disposed.
PROCESSING
The First Schedule of the Food and Food Standards (Inspection and Certification) Regulations, 2015 provides minimum standards for the certification of premises as suitable for keeping food, including butcheries. The First Schedule provides the basic minimum hygienic requirements for keeping meat/fish. The minimum standards relate to the temperature to be maintained in the cold rooms, the general hygiene of the premises, and personnel handling the meat/fish. The water used in food production must be clean and meet World Health Organization Guidelines for drinking water. The use of additives in the processing of fish products is regulated by the Food and Food Standards (Fish and Fish Products) Regulations, 1990. Section 4 thereof prescribes additives that fish products may contain. The Public Health (Abattoir, Animal and Bird Slaughter and Meat Hygiene) Regulations require that meat kept at the slaughterhouse for more than two hours shall be chilled immediately after post mortem inspection and reduced to and kept at specific temperatures. Packaging material for meat must be stored in such a way that they prevent contamination. However, the law does not make any provision for double standards for urban and rural areas regarding the conditions for meat/fish storage. Further, there are no provisions that state that, during processing, non-edible by-products must be removed from spaces where edible meat/fish products are held as quickly as possible and either stored in sealed containers or disposed of appropriately. There is a general lack of data on the processing, preservation and packaging of food since record keeping is not required by law.
DISTRIBUTION
TRANSPORT
The Public Health (Abattoir, Animal and Bird Slaughter and Meat Hygiene) Regulations prescribe conditions for the transportation of meat/fish products. Vehicles or containers used for the transport of carcasses, meat or offal from a slaughterhouse shall: (i) have an impervious and non-corrodible lining which cannot affect the organoleptic character of the product or render it harmful for human health; (ii) be totally enclosed to prevent contamination from dust, water, insects and vermin, and watertight to prevent drainage of liquids; (iii) in the case of carcasses, sides, and quarters not frozen or contained in a hygienic packaging, be equipped with non-corrodible fittings for hanging the meat so that it does not touch the floors; (iv) be cleaned and disinfected prior to loading ; and (v) not be used for the transport of live animals or any other product likely to affect and contaminate the fresh meat. Under the Harare (Meat) By-laws, a vehicle used for transporting game meat must have a certificate of approval by the medical health officer and must be kept and maintained in a clean and sanitary condition. Further, the details of the owner including the name and address must be clearly written on the vehicle. Any person who in contravention of the Harare (Meat) By-laws uses a vehicle that is not constructed in a manner approved by the medical officer of health, or that is not kept and maintained in a clean and sanitary condition, or that does not bear legible full names and address of the owner shall be liable to a fine not exceeding level 5 and/or imprisonment for a period not exceeding six months.
IMPORT
The importation of meat/fish products into Zimbabwe is regulated by several legal instruments. These include the Control of Goods (Import and Export) (Agriculture) Order, 2007, National Biotechnology Authority (Food, Feed, Food and Feed Additives and Seed) (Import, Export and Transit) Regulations, 2018, Food and Food Standards (Inspection and Certification) Regulations, 2015, and Food and Food Standards (Import and Export) Regulations, 2015. An import permit is a prerequisite for importing any meat/fish products into Zimbabwe. Further, registration with the National Biotechnology Authority is required for all importers. Upon registration with the Authority, the importer is then required to apply for an import permit detailing the quantity of the product, its country of origin and its intended use. The costs for import permits are prescribed in the First Schedule. They are dependent on the quantity of the imported product. The National Biotechnology Authority has the power to prescribe additional requirements for meat/fish products based on risk. Further, the Authority may undertake a pre-shipment inspection of the product to satisfy itself with the description and properties of the product. Upon arrival at any port of entry in Zimbabwe, the meat/fish products are inspected. If the products do not meet the standards for human consumption, the inspector has the power to detain the meat/fish products pending disposal proceedings. In case of a failure to comply with the terms and conditions of an import permit, the Authority may cancel the permit. Further, according to the National Biotechnology Authority (Food, Feed, Food and Feed Additives and Seed) (Import, Export and Transit) Regulations, the importation of meat/fish products without a biosafety import permit is a criminal offence. The sentence for contravening the Regulations is a fine no greater than level 12 and/or imprisonment for a period not exceeding five years.
EXPORT
The exportation of meat/fish products into Zimbabwe is regulated by several legal instruments. These include the Control of Goods (Import and Export) (Agriculture) Order, 2007, National Biotechnology Authority (Food, Feed, Food and Feed Additives and Seed) (Import, Export and Transit) Regulations, 2018, Food and Food Standards (Inspection and Certification) Regulations, 2015, and Food and Food Standards (Import and Export) Regulations, 2015. An export permit is a prerequisite for exporting any meat/fish products out of Zimbabwe. Further, registration with the National Biotechnology Authority is required for any exporter of meat/fish products. Upon registration with the Authority, the exporter is then required to apply for an export permit detailing the quantity of the product, its country of destination and its intended use. The costs for export permits are prescribed in the First Schedule. The National Biotechnology Authority has the power to prescribe additional requirements for meat/fish products based on risk. Further, the Authority may undertake a pre-shipment inspection of the product to satisfy itself with the description and properties of the product. The meat/fish products are inspected before export. If the products do not meet the standards for human consumption, the inspector has the power to detain the meat/fish products pending disposal proceedings. In case of a failure to comply with the terms and conditions of an export permit, the Authority may cancel the permit. Further, according to the National Biotechnology Authority (Food, Feed, Food and Feed Additives and Seed) (Import, Export and Transit) Regulations, the exportation of meat/fish products without a biosafety export permit is a criminal offence. The sentence for contravening the Regulations is a fine not more than level 12 and/or imprisonment for a period not exceeding five years.
INSTITUTIONAL FRAMEWORK RELEVANT TO FOOD SAFETY
INSTITUTIONAL SET-UP
There are two main institutions on food safety in Zimbabwe. These are the Food Standards Advisory Board and the National Biotechnology Authority. Section 18 of the Food and Food Standards Act establishes the Food Standards Advisory Board. Its principal function is to advise the Minister of Health and Child Care on all matters relating to food and food standards. The Government Analyst Laboratory is the secretariat to Food Standards Advisory Board. The laboratory is also the National Codex Contact Point. The National Biotechnology Authority Act establishes the National Biotechnology Authority with specific functions and powers. The National Biotechnology Authority advises the Minister on all aspects concerning the development, production, use, application, and release of products of biotechnology, and ensures that all activities with regard to such development, production, use, application and release are performed in accordance with the Act. It has a general advisory function to the Minister of Science and Technology.
INSTITUTIONAL COOPERATION AND COORDINATION
The food control and regulatory system in Zimbabwe is beset by many challenges. The system is fragmented and consists of many entities in the Ministry of Health and the Ministry of Agriculture, and in local authorities. There are no clear mechanisms to coordinate the activities of these different entities and, in practice, they act independently except in times of a national food safety challenge. This makes it difficult, therefore, to ensure food safety throughout the food chain.
DELEGATION OF POWERS
Section 21 of the Food and Food Standards Act empowers the Minister of Health to delegate his/her powers to a local authority. The Act sets out the functions that may be delegated which relate to appointment of analysts and inspectors. The Minister may withdraw such a delegation. The delegated powers only apply within the jurisdiction of the local authority exercising the delegated powers.