The National Consumer Commission (NCC) is continuing its inspections of food outlets after at least nine children died of suspected food poisoning.
Six children died in Soweto earlier this month after allegedly consuming food from a shop in Naledi while three minor children died in the Eastern Cape.
A spokesperson for the NCC Phetho Ntaba says the inspections, conducted with the Department of Home Affairs, SAPS and Health and Environmental Inspectors aim to ascertain compliance with the Consumer Protection Act 68 of 2008 and other applicable laws, regulations and by-laws in the consumer protections space.
She says thus far they have discovered non-compliance with date markings past sell-by or use-by/expiry date requirements, some goods not labelled, and goods labelled in foreign languages with unclear or no information on ingredients.
The non-compliant items include baby food, sweets, cool drinks, noodles, snacks, biscuits and juice that are mostly consumed by children, who are considered vulnerable consumers as far as the CPA is concerned.
"The sale of these items has the potential to cause harm and compromise the health of consumers," she said
EAST LONDON
The NCC team discovered certain instances of non-compliance with the Consumer Protection Act, including the sale or marketing of goods that appear to have passed their sell-by or use-by and expiry date.
Ntaba says furthermore, meat products had no description of species and unique suppliers such as Bullfrogs did not issue sales records or invoices of sales.
She says suppliers are not offering refunds and returns, while other suppliers are charging as much as 20% cancellation fees on lay-bys.
Ntaba says according to Section 55 of the CPA, in particular, provides that every consumer has a right to goods that are of good quality, safe, and comply with applicable standards or any other public regulations.
"Where goods are not safe and pose a risk to consumers, the NCC can instruct the supplier to recall the unsafe goods and further investigate. Suppliers that are investigated, and if found in contravention of the CPA, can be referred to the National Consumer Tribunal for prosecution and face an administrative penalty of up to R1 000 000 (one million Rand) or 10% of the supplier's turnover," she said
The NCC will continue their inspections assisted by the Buffalo City Metro Municipality's Environmental Health Inspectors, the National Departments of Home Affairs, Forestry, Fisheries and the Environment, Labour and Employment, the Provincial Department of Economic Development, Environmental Affairs and Tourism (DEDEAT), the Border Management Agency, the South African Revenue Services, the South African Health Products Regulatory Authority, as well as advocacy groups.
Pheto says since the beginning of the year they have been focusing on formal and non-formal retailers to check for compliance and get a sense of what South African consumers are exposed to.
She says they are concerned but urged consumers to give them space to do their jobs to remove products from the shelves.
Pheto says consumers are concerned that if shops in their areas close they would have no place to buy food, but she urged consumers to work together with them.
She says as the NCC they will never be happy when children die of food poisoning.
Earlier this month, Buffalo City Metro said it was concerned about the amount of illegal pesticides and banned poisonous substances that are being sold around Mdantsane following compliance raids on businesses.
Spokesperson, Samkelo Ngwenya, said the City was also warning communities not to buy these products.
He said City officials conducted raids targeting outlets selling food, spaza shops, supermarkets, street vendors, and restaurants to enforce compliance with Municipal bylaws.
