Botswana- Statutory law - Food safety
Food Safety
Botswana
SUMMARY
The food control and regulatory systems in Botswana are regulated by numerous laws, chiefly the Livestock and Meat Industries Act, 2007, the Food Control Act, 1993 and the Public Health Act, 2014. These are read with the various Regulations passed under these Acts, chiefly the Livestock and Meat Industries (Meat Inspection and Control of Red Meat Abattoir) Regulations, 2007, the Food Control (Food Safety Alerts and Food Recall Procedures) Regulations, 2018, the Control of Goods (Import) Regulations, 1987, the Standards (Import Inspection) Regulations, 2008 and the Food Control (Inspections and Investigations of Food at Food Premises) Regulations, 2023.
The Livestock and Meat Industries Act, 2007 provides for a licensing regime for facilities to be used in the slaughter of domestic livestock, farmed game, wild game and poultry for human consumption. The law requires that animals meant for human consumption must be slaughtered in approved, registered and licensed premises, namely abattoirs. Additionally, establishments handling game meat, namely game handling facilities and game meat plants, must be licensed. Also, all animals intended for slaughter for sale for human consumption are required to undergo ante-mortem health inspection at the abattoir before slaughter, and post-mortem on all carcasses. These inspections are performed by VOs or meat inspectors. All meat that has been considered fit for human consumption must bear the health marks "BOTSWANA" and “PASSED". The meat must be stored and packed in materials that minimize contamination risks. Vehicles to transport meat products must be approved by the Veterinary Officer or Official Veterinary Surgeon (OVS).
The Food Control Act, 1993 ensures the provision of clean, safe and wholesome food to consumers. Systems and procedures for the withdrawal and recall of meat/fish products when they are found to be unsafe or otherwise not aligned with the relevant standards are set in the Food Control (Food Safety Alerts and Food Recall Procedures) Regulations, 2018.
The food safety system also relies on the registration of importers and exporters as well as of import and export permits. Exporting game meat requires a permit from the Director of Wildlife and National Parks. The law empowers the Standard Bureau to refuse importation of substandard fish products and either order them to be re-exported to the country of origin or be disposed of within Botswana. Similarly, custom officers/inspectors and Port Health officers may refuse and dispose of the importation of meat and fish products.
Numerous institutions and officers are involved in regulating food safety in Botswana: the Department of Veterinary Services (DVS); the National Food Control Board (NFCB); and the Botswana Bureau of Standards (BOBS). The DVS is responsible for registering plants; controlling and inspecting the slaughter and processing of livestock; ensuring that any person operating a plant observes the appropriate hygiene requirements in the plant; and ensuring that any person transporting meat observes appropriate hygiene requirements. The National Food Control Board (NFCB) advises the Minister on all matters concerning food and food safety. The BOBS promotes standardization and quality assurance in industry and commerce, with the aim of improving product quality, industrial efficiency and productivity, and the promotion of trade. This allows to achieve optimum benefits for the public generally, particularly in the interests of health, safety and welfare, and for the protection of the consumer. It also provides testing, on behalf of the Government, of locally manufactured or imported commodities to determine whether they comply with the laws dealing with standards of quality or description.
The key officers are: the Director of Health Services, authorized officers and public analysist under the Food Control Act, 1993; the OVSs and meat inspectors under the Livestock and Meat Industries Act; the Director of Health Services; and authorized officers, Port Health officers, health officers under the Public Health Act, 2014.
The law also bestows on the Commissioner General of BURS the responsibility for administering revenue laws and inspecting imported goods for safety. Port Health officers are mandated to ensure the safety of imported food and their certification documents. Licensing responsibilities with regard to the import, export, re-export and trans-shipment of wild or farmed meat are exercised by the Director of the Department of Wildlife and National Parks (DWNP), and for other animals, the responsibilities lie with the Director of Veterinary Services.
The Customs Act, 2018 mandates cooperation between the Botswana Unified Revenue Service (BURS) and other government agencies such as police and Port Health officers; BURS plays a coordinating role in these corporations. For food recalls, the Minister coordinates with the local authorities in the flow of information.
GENERAL PROVISIONS
FACILITIES AND HYGIENIC PRACTICES
Facilities for slaughtering animals is regulated by Livestock and Meat Industries Act, 2007 and Livestock and Meat Industries (Meat Inspection and Control of Red Meat Abattoir) Regulations, 2007. The Act provides for the slaughter of domestic livestock, farmed game, wild game and poultry for human consumption, the control and operation of abattoirs, slaughter slabs, cold storage facilities, meat processing plants, cutting premises and canning plants, and the marketing, grading and inspection of livestock and livestock products. Wild game is defined as “ any wild land mammal which is hunted, including a wild mammal living within an enclosed area under conditions of freedom similar to those enjoyed by wild game; and wild birds”.
In addition, wildlife is included in the concept of ‘livestock’ (i.e. cattle, sheep, goats, swine, equines, farmed and wild game). Importantly, the law requires that animals meant for human consumption must be slaughtered in approved, registered and licensed premises, namely abattoirs. It is only in exceptional circumstances that killing may occur outside licensed premises, such as due to an accident, illness or other emergency of such an exceptional nature as to render that course necessary. The species that may be slaughtered in abattoirs are domestic animals of the following species: bovine animals, swine, sheep, goats, and equines, and farmed game. In granting a licence, the Director of Veterinary Services may designate the kinds of animals to be slaughtered in such facility. Approval, issuance of a licence or registration of a meat premises does not absolve an applicant or an occupier of a meat premises from compliance with other laws of the country such as the Tribal Land Act, 2018, the Waste Management Act, 1998, the Development Control Code, 2013, the Environmental Assessment Act, 2011, the Public Health Act, 2014, and the Town and Planning Act, 2013.
The design and construction of abattoirs, cutting premises and cold stores are prescribed in the Schedule 1 of the Livestock and Meat Industries (Meat Inspection and Control of Red Meat Abattoir) Regulations,2007 which sets out the minimum standards to be followed. As per the standards, the boundaries of the premises must be clearly defined; the facilities must have an adequate supply of potable hot and cold running water; and there must be adequate artificial lighting. There are also prescribed minimum hygienic standards for facilities. These standards include wearing light-coloured footwear and overalls, covering the hair of the head and, where necessary, the neck; washing of hands with hot water and soap, or other detergent; and ensuring that all equipment and implements that come into contact with fresh meat are cleansed and subsequently sterilized in water. Also, fresh meat and the base of any receptacles containing such meat must not come into direct contact with any floors, doors, columns, pillars or any other surfaces of any room. All places must be disinfected.
The law requires that a risk-based self-control system be implemented so that occupiers of licensed premises are obliged to immediately notify Veterinary Officers (VOs)or meat inspectors of any information at the occupier’s disposal that reveals a serious health risk. Also, in such an event, the occupier must ensure that fresh meat is withdrawn if it has been obtained under or stored in conditions similar to those that produced the risk and is itself likely to present the same risk. The Regulations impose criminal sanctions for offences related to the hygiene of facilities. The first offence carries a fine that does not exceed BWP1 000 or imprisonment for a term not exceeding three months. Where the offence is a continuing offence, a further fine of BWP500 is imposed for each day on which the offence continues. For a second or subsequent offence, the fine is BWP2 000 or imprisonment for a term of six month. In addition to any other penalty that it may lawfully impose, the court may cancel or suspend any licence that is relevant to the offence committed.
INSPECTORS
The Livestock and Meat Industries Act, 2007 authorizes the Director of Veterinary Services to designate officials such as veterinary surgeons, meat inspectors and departmental officers to carry out any function that may arise under this Act. The veterinary surgeons are designated as Official Veterinary Surgeon (OVSs) for the examination and seizure of meat, and the certification of fresh meat as healthy for human consumption. An OVS or meat inspector is responsible for: conducting ante- and post-mortem health inspections of animals; examining the fresh meat of swine and equines for trichinellosis; health marking of fresh meat; and ensuring the observance of all requirements of the Regulations. A meat inspector acts under the supervision and responsibility of an OVS who is appointed to supervise and control the premises.
According to the Livestock and Meat Industries Act, 2007, a meat inspector must hold a Certificate in Meat Inspection from the Meat Inspection College of Botswana, or an equivalent qualification approved by the Director of Public Service Management. Also, any person who has received special training in meat inspection may qualify to be appointed by the Director as a meat inspector. OVs who are to be designated as inspectors must be registered veterinary surgeons. This registration is governed by the Veterinary Surgeons Act (VSA), 2011, which prescribes the minimum requirements (academic qualification in the form of a degree, diploma, certificate or any other document that indicates that the person has the requisite qualifications for registration as a veterinary surgeon).
The Food Control Act, 1993 provides for the appointment of authorized officers and public analysts who have inspection and investigation powers. This Act aims to ensure the provision of clean, safe and wholesome food to consumers. According to the Act, food is defined as any animal product, fish, fruit, vegetable, condiment, beverage or other substance in any form or stage of preparation that is intended for or commonly consumed by humans. This definition also includes any ingredient used in food or drink.
The functions of authorized officers are more fully provided for in the Food Control Act and the Food Control (Inspections and Investigations of Food at Food Premises) Regulations, 2023. These officers are authorized to enter any premises where food is sold, prepared, preserved, packaged, stored or transported. They are also allowed to examine any appliance, product, material, object or substance used in connection with the manufacture, treatment, grading, packing, marking, labelling, storage, conveyance, serving, administration or handling of any food. Additionally, authorized officers have the authority to inspect food, take samples, and examine any items they suspect are used or could be used for unsafe activities.
Public analysts are responsible for analysing and examining samples sent to them by authorized officers. They issue certificates that specify the results of the analysis or examination. Public analysts are appointed by the Minister from suitably qualified persons, while authorized officers include health officers and individuals authorized in writing by the Permanent Secretary, or a council with the approval of the Permanent Secretary.
In accordance with the Public Health Act, 2014, the Minister has the authority to designate individuals as authorized officers to carry out the responsibilities outlined in the Act. These officers are empowered to inspect premises, including any areas, bodies of water or vehicles, and to seize any items found to be tainted, adulterated, diseased or unfit for human consumption. They have the power to order the destruction or disposal of such items to prevent their use as food for humans or animals. To be designated as an authorized officer, individuals must either be a health officer or possess the necessary qualifications. A health officer is defined as a person appointed under section 4 of the Public Health Act, a medical practitioner registered under the Botswana Health Professions Act, a health inspector, or a public health nurse employed or designated by the Minister.
In addition, under the authority of the Public Health Act, the Director of Health Services can appoint environmental health officers and authorized officers as Port Health officers. These individuals have the responsibility for implementing Port Health programmes, ensuring adherence to public health regulations, and monitoring the quality and safety of food, including imported food and their accompanying certification documents. Health officers such as medical practitioners, environmental health officers and community health officers are individuals who have the necessary qualifications. An environmental health officer is a person who has received proper training in environmental health and is officially recognized as such.
MEAT AND PRODUCTS GENERATED FROM HUNTING
GENERAL PROVISIONS
The Livestock and Meat Industries (Meat Inspection and Control of Red Meat Abattoir) Regulations, 2007 provide for the control of the handling and sale of farmed game meat. Farmed game is defined in the Livestock and Meat Industries Act as "wild land mammals and ostriches and other ratites which are reared in captivity, excluding:
(a) mammals of the family Leporidae; and
(b) wild land mammals living within an enclosed territory under conditions of freedom similar to those enjoyed by wild game”.
Therefore, meat from hunted wild animals is regulated.
The controls in place for farmed game include the requirement that the bodies of slaughtered animals are hung as quickly as possible after bleeding and are transported as soon as practicable under satisfactory hygienic conditions to a farmed game meat plant for dressing and post-mortem inspection. Also, evisceration must be carried out immediately after flaying or depilation, as appropriate and completed.
TRANSPORTATION
The Livestock and Meat Industries (Meat Inspection and Control of Red Meat Abattoir) Regulations, 2007 require that slaughtered farmed animals be transported to farmed game meat plant for post-mortem inspection and dressing. The meat must be transported in an approved container or vehicle in which the ambient temperature is maintained at between 0 ºC and 4 ºC. The only exception to the transportation requirement is the case where the meat is for domestic consumption or for use by non-paying guests. With respect to the export of meat or meat products, the Livestock and Meats Industries (Meat Inspection and Control of Red Meat Abattoir) Regulations, 2007 provides that requirements imposed by the importing country for production, storage and transport must be met. The Public Health Regulations, 1983 also provide for the transportation of carcasses and meat products to and from a butchery. The vehicles used must have an entirely enclosed load compartment, among other requirements. These vehicles must be lined with non-corrosive materials and insulated in such a way that the temperature of the meat does not rise by more than 50 °C per hour. Furthermore, the vehicles must be always kept clean.
ESTABLISHMENTS
Establishments handling game meat, such as game handling facilities and game meat plants, are required to obtain a licence. According to the Livestock and Meat Industries (Meat Inspection and Control of Red Meat Abattoir) Regulations, 2007 a ‘farmed game handling facility’ refers to any building, premises, or place (excluding an abattoir) used for the slaughtering of farmed game intended for human consumption. In contrast, a ‘farmed game meat plant’ refers to premises (excluding an abattoir) specifically used for dressing farmed game intended for human consumption. It is illegal to operate a farmed game meat plant without the required licence.
PRELIMINARY INSPECTION
According to current regulations, preliminary inspections for hygiene practices are not required for the slaughter of animals intended for human consumption within a single household or at public gatherings, such as weddings, funerals and celebrations. This exemption is based on the fact that the Livestock and Meat Industries (Meat Inspection and Control of Red Meat Abattoir) Regulations, 2007 do not cover these specific situations. Additionally, there is no requirement for conducting preliminary inspections on hunted animal carcasses to ensure adherence to proper hygiene practices immediately after killing.
FISH AND PRODUCTS GENERATED FROM FISHING AND AQUACULTURE
GENERAL REQUIREMENTS
The Fish Protection Regulation, 2016 lists the prohibited methods of fishing. These include using any chemical, poison, poisonous plant or any noxious or other injurious substance, and explosives. Treatment of fishery products is not well regulated. The Public Health Regulations, 1983 prescribes the handling of shelled shellfish in refreshment establishments.; they must be kept in a refrigerator in the containers in which they were put when shelled, until used. The Public Health Regulations, 1983 require that frozen fish be displayed or sold in sealed containers.
INSPECTION
LAIRAGE
The minimum conditions for lairage of animals prior to slaughter are established by the Livestock and Meat Industries (Meat Inspection and Control of Red Meat Abattoir) Regulations, 2007. First and foremost, abattoirs and farmed game meat plant must have suitable and sufficient lairage that is adequately lit to enable the inspection of animals and facilities to enable animals that are diseased or injured or suspected of being diseased or injured to be isolated from other animals. Animals in lairage must not kept for a period that exceeds 72 hours unless authorized by a veterinary officer, an Official Veterinary Surgeon (OVS), or a meat inspector. This authorization is only given in exceptional circumstances. Animals may be held in detention in lairage for cleanliness reasons. They must also be separated and isolated due to being diseased or injured, or suspected of being diseased or injured. A veterinary officer, an OVS or a meat inspector may require the occupier of the abattoir to clean all dirty animal that are likely to prevent hygienic dressing operations if it is taken into the dressing room at that farmed game meat plant.
ANTE-MORTEM INSPECTION
According to the Livestock and Meat Industries (Meat Inspection and Control of Red Meat Abattoir) Regulations, 2007 animals intended for human consumption must undergo a health inspection before slaughter. This inspection must take place within 24 hours of the animal's arrival at the abattoir and no more than 24 hours before the actual slaughter. The inspection can also be conducted at any other time if deemed necessary by the relevant authorities. The specific procedures and tests to be carried out during this inspection are outlined in the Regulations. The purpose of the ante-mortem health inspection is to determine if the animals show any signs of diseases that can be transmitted through meat, or if there are indications of potential diseases. The inspection also checks for any signs of diseases or disorders that would render the meat unfit for human consumption, as well as any injuries, fatigue, or stress in the animals. Additionally, the inspection looks for visible evidence of the administration of substances with pharmacological effects or the consumption of any other substances that could make the meat unfit for consumption.
Inspectors have the authority to label animals as unsuitable for slaughter if they display clinical signs of diseases that can be transmitted through the meat to humans or animals. This also applies if the animals show signs of diseases or disorders that would render their meat unfit for human consumption, if the animals have not had sufficient rest, or if they have been diagnosed with tuberculosis or any neurological disease. The law imposes criminal penalties for offences related to the ante-mortem inspection of animals, including those bred in captivity. A first offence can result in a fine of up to BWP1 000 or imprisonment for a maximum of three months. If the offence is ongoing, an additional fine of BWP500 per day may be imposed. For subsequent offences, the fine is BWP2 000 or imprisonment for up to six months. Additionally, the court has the authority to cancel or suspend any relevant licences issued to the offender, in addition to other lawful penalties.
POST-MORTEM INSPECTION
The Livestock and Meat Industries (Meat Inspection and Control of Red Meat Abattoir) Regulations, 2007 mandate that all carcasses intended for human consumption must undergo a post-mortem examination. This examination must be carried out promptly and in compliance with the Eleventh Schedule; however, carcasses for self-consumption within a single household or for public gatherings such as weddings, funerals and celebrations are exempt from this requirement. During the post-mortem, various factors are taken into consideration, such as the age and sex of the animal, its nutritional state, any signs of bruising or bleeding, the presence of local or general swelling, abnormality in bones, joints or muscles, and any abnormality in consistency, colour, odour (including strong sexual odours) and taste, where relevant. The condition of the pleura and peritoneum is also assessed, along with any other evidence of abnormality. It is strictly prohibited to remove carcasses or parts of them before they have been inspected.
In the event that a carcass is found to be affected by diseases or conditions during inspection, a Veterinary Officer, an Official Veterinary Surgeon (OVS) or a meat inspector will deem the entire carcass unsuitable for human consumption, together with any offal and blood removed or collected from it. Examples of diseases that render animals unfit for consumption include actinobacillosis (generalized) or actinomycosis (generalized), advanced anaemia, anthrax and blackleg. In order to prevent access by wild animals or dogs, meat that is unfit for human consumption is either burned or buried under the supervision of the Veterinary Officer, an OVS or meat inspector. An exception is made for meat affected by Cysticercus bovis, which may undergo treatment to make it suitable for human consumption.
Criminal sanctions are enforced for offences related to post-mortem inspection. The penalties for a first offence include a fine of up to BWP1 000 or imprisonment for a maximum of three months. For a second or subsequent offence, the penalties are a fine of BWP2000 or imprisonment for a term of six months. If the offence is ongoing, an additional fine of BWP500 for each day of continuation may be imposed. Furthermore, the court has the authority to cancel or suspend any relevant licence issued to the offender, in addition to any other lawful penalty.
PROCESSING
MARKING
The law requires that all meat that is intended for sale for human consumption and that has been passed fit for human consumption following ante-mortem and post-mortem health inspections, and complies with the requirements of the Regulations be marked with a health mark in accordance with the requirements of the Thirteenth Schedule. The health mark consists of two concentric circles of at least 35 mm diameter for the inner circle and at least 55 mm diameter for the outer circle bearing on the upper part the name "BOTSWANA"; and in the centre, the veterinary approval number of the establishment; and on the lower part, the word "PASSED". All wrapped cut meat and offal, including sliced livers from bovine animals, must bear a health mark. The mark must be printed on the wrapping or applied to a label fixed to the wrapping. The Director may require that the mark bear a serial number. In the case of offal packaged in a slaughterhouse, the number included in the mark shall be the veterinary approval number of the slaughterhouse concerned. Packaging must also bear a health mark, stamped on a seal fixed to the packaging in such a way that it is destroyed when the packaging is opened. The seal must bear a serial number.
The Regulations are complemented by bye-laws passed by local authorities by virtue of the Local Government Act, 2013. For instance, Gaborone City Council (Abattoir) Bye-laws, 1971 require the meat inspector to brand or stamp with the official mark of the Council meat that is deemed healthy, sound, wholesome and fit for human consumption.
PROCESSING
According to the Fifteenth Schedule of the Livestock and Meat Industries (Meat Inspection and Control of Red Meat Abattoir) Regulations, 2007 specific guidelines must be followed when storing meat. Fresh meat, such as carcasses and cuts, should be maintained at a consistent internal temperature of no more than 7 ºC. For offal, a temperature of 3 ºC is recommended, while frozen fresh meat should be stored at -12 ºC. Additionally, meat must be handled, loaded, unloaded and stored in a hygienic manner. This entails ensuring that the meat is loaded and unloaded under cover and adequately protected to prevent contamination, including taint. Throughout the storage period, it is important to keep track of the meat's origin, as well as the date of slaughter and cutting. Furthermore, it is mandatory to separate edible meat products from non-edible by-products during the storing process to prevent any cross-contamination. Lastly, only portable water should be utilized in the processing of meat products to adhere to the regulations.
According to the Livestock and Meat Industries (Meat Inspection and Control of Red Meat Abattoir) Regulations, 2007 it is not allowed to sell or distribute fresh meat for human consumption if it has been treated with natural or artificial colourings, ionizing or ultraviolet radiation. It is also prohibited to sell fresh meat from animals that have been given tenderizers, growth-promoting hormones or thyrostatic substances, antimicrobial substances, or other therapeutic substances, if their withdrawal period has not expired. Furthermore, it is not permitted to sell fresh meat from animals that may have been exposed to any toxic substances that could be harmful to animal or human health.
The law sets forth specific requirements for the storage and use of packaging materials to minimize the potential for contamination. According to the First Schedule, all abattoirs, cutting premises and cold stores must be equipped with suitable refrigeration systems that can maintain the internal temperature of fresh meat at or below 7 ºC for carcasses and cuts, 3 ºC for offal, and -12 ºC for frozen fresh meat. Additionally, these refrigeration systems must have a ducted drainage system to prevent any contamination risk to the fresh meat. The Fourteenth Schedule stipulates that packaging and wrapping materials must be stored in a separate, hygienic room and kept enclosed in a protective cover. Importantly, this room must be completely isolated from any areas where substances that could contaminate fresh meat are stored.
An obligation is placed on the occupier of licensed premises to arrange or establish a staff training programme to train staff to comply with hygiene requirements appropriate to the operations that they perform on those premises.
Failure to comply with processing requirements is an offence that attracts a fine or imprisonment. The first offence carries fine not exceeding BWP1 000 or imprisonment for a term not exceeding three months. The second or subsequent offence carries a fine of BWP2 000 or imprisonment for a term of six month. Where the offence is a continuing offence, an additional fine of BWP500 for each day on which the offence continues is imposed. The court may, in addition to any other penalty that it may lawfully impose, cancel or suspend any licence issued to such person that is relevant to the offence committed.
DISTRIBUTION
WITHDRAWAL AND RECALL
The Food Control Act,1993 ensures the provision of clean, safe and wholesome food to consumers. Systems and procedures for the withdrawal and recall of meat/fish products when they are found to be unsafe or otherwise not aligned with the relevant standards are set in the Food Control (Food Safety Alerts and Food Recall Procedures) Regulations, 2018. Food recalls may be initiated by the business food operator engaged in wholesale-initiated supply, manufacture or importation of food, food industry or the Minister. A food industry-initiated food recall may also be initiated as a result of complaints referred to the food business operator from manufacturers, wholesalers, importers, distributors, retailers, consumers, the media, a local authority or any other relevant government agency.
The law provides that a food business operator must notify the Minister and the National Food Control Board (NFCB), a food recall initiation notification. Where a business food operator is a street vendor, the owner must immediately notify the authorized officer from the relevant local authority to take appropriate measures in the initiation of the food recall and disposal. Thereafter, the Minister must, within 48 hours of receiving the notification, instruct the Board to notify the food business operator of his/her decision on the food recall and send a copy of the decision to local authorities and relevant Government agencies to notify the public. A food business operator responsible for putting on the market potentially hazardous or defective food shall immediately stop any further delivery and sale of the food under recall so as to ensure that safety and public health are not compromised.
The law empowers the Minister to instruct the Board to investigate any food suspected of being hazardous or defective, or a result of complaints made to the Minister. Based on the Board's findings, the Minister may initiate a food recall on the specified foods or products. The Minister must notify the relevant food business operators, who in turn are expected to comply with the Minister's instructions and immediately cease the processing, importation, manufacturing, distribution and any further delivery and sale of the food under the food recall so to ensure that consumer safety and public health are not compromised. A copy of the food recall instruction must be sent to local authority or any other relevant government agency to notify the public.
TRANSPORT
The Livestock and Meat Industries (Meat Inspection and Control of Red Meat Abattoir) Regulations, 2007 and the Public Health Regulations, 1983 govern the transportation of meat/fish products. These regulations stipulate that all vehicles used for transporting meat products must be approved by either the Veterinary Officer or Official Veterinary Surgeon (OVS). Additionally, the owner or controller's address must be clearly displayed on the outside of the vehicle. The fresh meat must be loaded at temperatures no higher than 7 ºC for carcasses and cuts, 3 ºC for offal, and -12 ºC for frozen fresh meat. Furthermore, the vehicles used for transportation must be equipped and designed in such a way as to ensure that the meat remains at these temperatures throughout the entire journey. The interior surfaces of these vehicles must be constructed from corrosion-resistant materials that do not compromise the quality or safety of the meat. In cases where vehicles are used to transport carcasses, half carcasses, quarter carcasses and unpackaged cut fresh meat, they must be equipped with corrosion-resistant fittings for hanging the meat at a height that prevents contact with the floor.
In addition, the law states that packaged meat must not be transported together with unpackaged meat in the same vehicle unless there is a suitable physical barrier in place to prevent any contact or cross-contamination. Offals must be kept separate from other meat and stored in a sealed container that is resistant to any damage or corrosion. Furthermore, vehicles used for transporting live animals or substances such as manure or refuse that could pose a risk of contamination to fresh meat should not be used for the transportation of fresh or frozen meat.
The Livestock and Meat Industries (Meat Inspection and Control of Red Meat Abattoir) Regulations, 2007establish penalties for violations of meat and fish transport regulations. They state that a first offence can result in a fine not exceeding BWP1 000 or imprisonment for up to three months. For a second or subsequent offence, the penalty is a fine of BWP2 000 or imprisonment for a term of six months. In cases where the offence is ongoing, a daily fine of BWP500 may be imposed. Additionally, the court has the authority to cancel or suspend any relevant licence held by the offender. Failure to comply with the Public Health Regulations, 1983 can lead to a penalty of a fine not exceeding BWP500, imprisonment for up to six months, or both.
IMPORT
Under the Control of Goods (Import) Regulations,1987, individuals or businesses intending to import meat and fish products must obtain an import permit for each shipment from the Controller of Imports. Furthermore, the Standards (Import Inspection) Regulations, 2008 stipulate that the importer of products listed in Schedule 1, such as canned fish, canned marine molluscs and canned crustaceans, must possess a compliance certificate for each respective product. To apply for an import permit for meat and fish products, the applicant must possess a valid trading licence and meet one of the following criteria: be a citizen of Botswana or hold a resident permit allowing them to conduct business in Botswana, or be a registered company or firm engaged in business within the country.
The Control of Goods (Import) Regulations, 1987 lays down the procedure to acquire an import licence. To acquire an import permit, an application must be made to the Controller in the prescribed form. Every application must be accompanied by such documents or information as the Controller may consider necessary.
According to the Public Health Act, 2014 Port Health officers stationed at points of entry has the responsibility to oversee the quality and safety of food, including imported food, as well as their accompanying certification documents. These officers have the authority to reject the importation of any food that is deemed unsuitable for human consumption.
The Customs Act, 2018 empowers customs officers to carry out inspections of goods and means of transport upon arrival. The Standards (Import Inspection) Regulations empowers the Standard Bureau to refuse the importation of substandard fish products and either order them to be re-exported to the country of origin, or to be disposed of within Botswana. Similarly, custom officers/inspectors may refuse the importation of meat and fish products and dispose of the products. Importation can be refused for non-compliance with labelling rules and for the protection of public health. All foreign products must bear the name of the country of origin or manufacture and the word “imported” in visible characters.
Failure to comply with the provisions of the Control of Goods (Import) Regulations, 1987 attracts a fine not exceeding BWP200 or imprisonment for a term not exceeding six months, or both. For a second or subsequent offence, it is a fine not exceeding P400 or imprisonment for a term not exceeding 12 months, or both. The Customs Act, 2018 imposes heavy penalties for customs-related offences. Importation of goods not authorized in terms of the Customs Act, 2018 or any other law carries a fine not exceeding BWP100 000 or imprisonment not exceeding two years, or both. Section 385 imposes fines and imprisonment for specific offences such as corruption, which attracts a fine not exceeding BWP1 000 000 or imprisonment for a term not exceeding 10 years, or both. Aiding or abetting a person charged with a customs offence attracts a fine not exceeding BWP5 000 000 or imprisonment for a term not exceeding two years, or both.
EXPORT
The law requires prospective exporters of meat/fish products to acquire an export permit for each shipment from the competent authority. For game meat, a permit is needed from the Director of Wildlife and National Parks, while an export permit is needed to export any fresh or processed fish. The Livestock and Meat Industries (Meat Inspection and Control of Red Meat Abattoir) Regulations, 2007 provide that, with respect to the export of meat or meat products, the requirements imposed by the importing country for production, storage and transport must be met. Therefore, exporters must follow the procedures laid down by the importing country.
A person who exports fish without an export permit commits an offence and is liable to a fine not exceeding BWP500, or to imprisonment for a term not exceeding six months, or to both. In terms of the Wildlife Conservation and National Parks Act (WCNPA), 1992, exporting game meat without a permit is an offence that attracts a fine of BWP10 000 and imprisonment for seven years.
INSTITUTIONAL FRAMEWORK RELEVANT TO FOOD SAFETY
INSTITUTIONAL SET-UP
Numerous institutions are involved in handling food and ensuring its safety, such as the Department of Veterinary Services (DVS), the National Food Control Board (NFCB) and the Botswana Bureau of Standards. The Livestock and Meat Industries Act, defines the powers and responsibilities of the Director of the Department of Veterinary Services. The Director is responsible for registering plants; controlling and inspecting the slaughter and processing of livestock; ensuring that any person operating a plant observes the appropriate hygiene requirements in the plant; and ensuring that any person transporting meat observes the appropriate hygiene requirements.
The Food Control Act, 1993 establishes the National Food Control Board (NFCB) and outlines its functions, including advising the Minister on all matters concerning food and food safety, and on the prevention of and protection against commercial fraud in connection with imported or domestically available or produced unsafe and potentially hazardous food.
The Standards Act, 1995 establishes the Botswana Bureau of Standards. Its responsibilities include promoting standardization and quality assurance in industry and commerce, with the aim of improving product quality, industrial efficiency and productivity, and promoting trade. This allows to achieve optimum benefits for the general public, particularly regarding health, safety and welfare, and for the protection of consumers. The Bureau also provides for the testing, on behalf of the government, of locally manufactured or imported commodities to determine whether they comply with the laws dealing with standards of quality or description.
Under the Food Control Act, 1993 the Minister responsible for health plays a fundamental role in regulating food safety. The Minister, after consultation with the NFCB, issues food safety alerts, warning consumers about food on the market that has been found to be hazardous to the health or safety of consumers. He/she has the overall responsibility for making subsidiary legislation.
Additionally, the Public Health Act, 2014 defines the powers of the Minister responsible for Health, the Director of Health Services, health officers, authorized officers and Port Health officers. The Minister has the authority to request the Director to appoint a qualified medical practitioner or a person with approved qualifications such as a health officer. The health officers are responsible for ensuring compliance with the Public Health Act, 2014 within their appointed local government area and assisting in the preparation of any required reports for the National Health Council. Furthermore, the Minister can designate individuals or groups as authorized officers who have the power to enter and inspect any areas, premises, bodies of water or vehicles. They also have the authority to issue compliance notices, which require the owner or person in charge of land or premises to comply with the requirements of the law. Additionally, they can issue compliance certificates to those who have fulfilled the requirements of the law.
The Director of Health Services serves as the primary technical advisor on national health issues and, with the approval of the Minister, may hold an inquiry regarding any matter concerning public health. The Act also specifies the powers and responsibilities of authorized officers and Port Health officers at ports of entry. Authorized officers may enter and inspect any premises and destroy food that is tainted, adulterated, diseased or unwholesome for human consumption. The responsibilities of the Port Health officers include implementing Port Health programmes, ensuring compliance with public health laws, and monitoring the safety of food, including imported food and their certification documents.
The Director of Veterinary Services oversees the licensing process for various premises including abattoirs, cutting premises, cold stores, farmed game handling facilities, wild game handling facilities, farmed game meat plants and wild game meat plants. In addition, the Director appoints officials such as veterinary surgeons, meat inspectors, and departmental officers. Veterinary surgeons are designated as Official Veterinary Surgeons (OVSs) and are responsible for examining and seizing meat, as well as certifying fresh meat as safe for human consumption. OVSs and meat inspectors carry out pre- and post-mortem health inspections of animals, examine fresh meat of swine and equines for trichinellosis, administer health markings on fresh meat, and ensure compliance with all regulations. Meat inspectors work under the supervision and authority of an OVS who is appointed to oversee and manage the premises.
The law defines the administrative responsibilities of government agencies involved in the domestic regulation of trade, import, export, re-export and transit or trans-shipment of legally farmed meat, wild meat and fish. The Customs Act, 2018 grants the Commissioner General of Botswana United Revenue Services (BURS) the responsibility of administering revenue laws. These laws regulate the import and export of all goods in the country. Moreover, there are custom officers whose responsibilities include inspecting goods and means of transport. The Port Health officers play a fundamental role in the importation of farmed/wild meat and fish. They must ensure the safety of imported food and their certification documents. Moreover, the Wildlife Conservation and National Parks Act (WCNPA), 1992 provides for the designation of Director of Wildlife and National Parks. His/her administrative responsibility is to issue permits for imports or exports of wild/game meat.
INSTITUTIONAL COOPERATION AND COORDINATION
The Customs Act, 2018 provides for mandatory cooperation with other government agencies such as police and Port Health officers on controls other than custom controls; BURS has the coordinating role. Further, within the framework of custom controls, in order to facilitate the processing of goods moved between Botswana and other territories, and to minimize risk and combat fraud, the Act encourages the exchange of data received in the context of the movement or storage of goods, and the results of any control. In food recalls, the Minister responsible for health coordinates with the local authorities in the flow of information.
With respect to public health, the Public Health Act, 2014 provides for cooperation between authorized officers and the police. When conducting inspections, authorized officers have the authority to request assistance from a police officer or any other qualified person. In exceptional circumstances, an authorized officer may require assistance from an unqualified person.
Institutional cooperation is also evident in the composition of the National Food Control Board (NFCB). The membership of this Board includes various institutions involved in food safety to varying degrees. These institutions include the Ministries responsible for health, agriculture, commerce and industry, and local government.
DELEGATION OF POWERS
Under the Public Health Act, 2018 the Director of Health Services has the authority to assign any of their duties or powers to individuals, groups, public authorities or agencies. Similarly, the Director of Veterinary Services can delegate his or her responsibilities to any public officer. Within the Control of Goods (Import) Regulations, 1987 the Controller is permitted to entrust any of his or her obligations or functions to a public officer. Similarly, the Excise Duty Act, 2018 allows for the delegation of the Commissioner General's duties to any officer. Additionally, the Wildlife Conservation and National Parks Act (WCNPA), 1992 grants the Director the power to delegate his or her responsibilities to any wildlife officer, provided that it is within his or her own overriding control.