Botswana- Statutory law - Food safety
Food Safety
Botswana
SUMMARY
The food control and regulatory systems in Botswana is regulated by the numerous laws, chiefly the Livestock and Meat Industries Act, 2007, Food Control Act, 1993 and 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 provides 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, name 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 postmortem on all carcasses. Such inspections are done by Veterinary Official Surgeons (VOSs) or meat inspectors. All meat that has been considered fit for human consumption must be marked with a health mark bearing the words " BOTSWANA" and “PASSED". The meat must be stored and packed in materials that minimises contamination risks. Vehicles to transport meat products must be approved by the Veterinary Officer or VOSs.
The Food Control Act 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.
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 within Botswana. Similarly, custom officers/inspectors and Port Health officers may refuse importation of meat and fish products and disposes the products.
Numerous institutions and officers are involved in regulating food safety in Botswana, and these are Department of Veterinary Services (DVS); National Food Control Board (NFCB); and Botswana Bureau of Standards (BOBS). DVS is responsible for the registration of plants; control and inspection of 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 NFCB advises the Minister on all matters concerning food and food safety. 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, so as to achieve optimum benefits for the public generally, particularly in the interests of health, safety and welfare, and protection of the consumer. It also provides testing, on behalf of the Government, of locally manufactured or imported commodities to determine whether such commodities comply with the laws dealing with standards of quality or description.
The crucial officers are Director of Health Services, authorised officers and public analysist in terms of the Food Control Act; the Official Veterinary Surgeons (OVSs) and meat inspectors under the Livestock and Meat Industries Act; Director of Health Services; and authorised officers, Port Health officers, health officers under the Public Health Act.
The law also bestows on the Commissioner General of Botswana United Revenue Services (BURS) with the responsibility of 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 as regards import, export, re-export and trans-shipment of wild or farmed meat are exercised by the Director of DWNP, whilst for other animals, it is the responsibility of the Director of Veterinary Services.
The Customs Act mandates cooperation between BURS and other government agencies such as police and Port health officers. BURS plays a coordinating role in these corporations. Also, in food recalls, the Minister coordinate 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, canning plants and the marketing, grading and inspection of livestock, livestock products. Wild game is defined as – (a) 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 (b) wild birds.
In addition, wildlife is included in the concept of "livestock" (means 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 be done outside licensed premises, such as on account of 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 license, the Director of Veterinary Services may designate the kinds of animals to be slaughtered in that facility. Approval, issuance of a license 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 Tribal Land Act, 2018, Waste Management Act,1998, Development control code, 2013, Environmental Assessment Act, 2011, and 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, which sets out the minimum standards to be followed. Standards include that the boundaries of the premises must be clearly defined; the facilities have adequate supply of potable hot and cold running water; and adequate artificial lighting. There are also prescribed minimum standards for hygiene of 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 which come into contact with fresh meat are cleansed and subsequently sterilised in water. Also, fresh meat and the base of receptacles which contain such meat do 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 the implementation of a risk-based self-control system in that occupiers of licensed premises are obliged to immediately notify Veterinary Officers or meat inspectors of any information at the occupier’s disposal that reveals a serious health risk. Also, in such event, the occupier must ensure that fresh meat is withdrawn if it has been obtained under or stored in conditions similar to those which 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. For the first offence, the fine is not exceeding P1000 or imprisonment for a term not exceeding three months. Where the offence is a continuing offence, an additional fine of P500 for each day on which the offence continue, is imposed. For a second or subsequent offence, the fine is P2,000 or imprisonment for a term of six month. The court may, in addition to any other penalty which it may lawfully impose, cancel or suspend any licence issued to such person which is relevant to the offence committed.
INSPECTORS
The Livestock and Meat Industries Act (LMIA) authorises 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) in relation to 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 the ante-mortem and post-mortem health inspection of animals; the examination of the fresh meat of swine and equines for trichinellosis; administration of 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 LMIA, 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 the work of meat inspection may qualify to be appointed by the Director as a meat inspector. OVs who is to be designated as an inspector must be a registered veterinary surgeon, under the Veterinary Surgeons Act, which prescribes the minimum requirements.
The Food Control Act, 1993 provides for the appointment of authorized officers and public analysists, who have inspection and investigation powers to ensure the provision of clean, safe, and wholesome food to consumers. According to this 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 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, labeling, storage, conveyance, serving, administration, or handling of any food. Additionally, they 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 analyzing 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 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 someone 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, the Director of Health Services can appoint environmental health officers and authorized officers as port health officers responsible of implementing port health programs, ensuring adherence to public health regulations, and monitoring the quality and safety of food, including imported food and their accompanying certification documents. Health officers are individuals who have the necessary qualifications, such as medical practitioners, environmental health officers, and community health officers. An environmental health officer is someone 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 provides for control on 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 generated 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 the purpose of dressing and postmortem 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 requires that slaughtered farmed animals be transported to farmed game meat plant for postmortem inspection and dressing. The meat must be transported in an approved container or vehicle in which the ambient temperature is maintained at between 0ºC and 4ºC. The only exception to the transportation requirement is where the meat is for domestic consumption or for use with non-paying guests. In respect of the export of meat or meat products, the Livestock and Meats Industries Regulations 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 degrees Celsius 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 license. According to the Livestock and Meat Industries (Meat Inspection and Control of Red Meat Abattoir) Regulations, 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. On the other hand, 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 license.
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 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 list 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 prescribes handling of shelled shellfish in refreshment businesses. Such are to be kept in a refrigerator in the containers in which they were put when shelled, until they are used. As for fish, the Public Health Regulations require frozen fish be displayed or sold in sealed containers.
INSPECTION
LAIRAGE
Minimum conditions for lairage of animals prior to slaughter is established by the Livestock and Meat Industries (Meat Inspection and Control of Red Meat Abattoir) Regulations, 2007. Foremost, abattoirs and farmed game meat plant must have suitable and sufficient lairage which is adequately lit so as to enable the inspection of animal and has facilities to enable animals which 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 authorised by a VO, an OVS, or a meat inspector. Such authorisation is only given in exceptional circumstances. Animals may be held in detention in lairage for cleanliness reasons. They also be separated and isolated due to being diseased or injured or suspected of being diseased or injured. A VO, an OVS or a meat inspector may require the occupier of the abattoir to clean animals that are dirty as to be likely to prevent hygienic dressing operation, before presenting it for an ante-mortem inspection.
ANTE-MORTEM INSPECTION
According to the Livestock and Meat Industries (Meat Inspection and Control of Red Meat Abattoir) Regulations, 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 the meat unfit for human consumption, have not had sufficient rest, or have been diagnosed with tuberculosis or any neurological disease. The law imposes criminal penalties for offenses related to the ante-mortem inspection of animals, including those bred in captivity. A first offense can result in a fine of up to P1000 or imprisonment for a maximum of three months. If the offense is ongoing, an additional fine of P500 per day may be imposed. For subsequent offenses, the fine is P2000 or imprisonment for up to six months. Additionally, the court has the authority to cancel or suspend any relevant licenses 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 mandate that all carcasses intended for human consumption must undergo a post-mortem examination. This examination must be done promptly and in compliance with the Eleventh Schedule. However, carcasses intended for self-consumption within a single household or for public gatherings like weddings, funerals, and celebrations are exempt from this requirement. During the post-mortem, various factors are taken into consideration, including 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, color, odor (including strong sexual odors), 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, Official Veterinary Surgeon (OVS) or meat inspector will deem the entire carcass, along with any offal and blood removed or collected from it, unsuitable for human consumption. 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, 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 offenses related to post-mortem inspection. The penalties for a first offense include a fine of up to P1000 or imprisonment for a maximum of three months. For a second or subsequent offense, the penalties are a fine of P2000 or imprisonment for a term of six months. If the offense is ongoing, an additional fine of P500 for each day of continuation may be imposed. Furthermore, the court has the authority to cancel or suspend any relevant license issued to the offender, in addition to any other lawful penalty.
PROCESSING
MARKING
The law requires all meat which is intended for sale for human consumption and has been passed fit for human consumption following ante-mortem and postmortem health inspections, and complies with the requirements of the Regulations, to 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 the on the upper part, the name "BOTSWANA"; 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 made by local authorities by virtue of the Local Government Act, 2013. For instance, Gaborone City Council (Abattoir) Byelaws, 1971 require the meat inspector to brand or stamp with the official mark of the council meat that deemed healthy, sound, wholesome and fit for human consumption.
PROCESSING
According to the Fifteenth Schedule of the Livestock and Meat Industries Regulations, 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 7ºC. For offal, a temperature of 3ºC is recommended, while frozen fresh meat should be stored at -12ºC. Additionally, it is crucial to handle, load, unload, and store meat in a hygienic manner. This includes ensuring that 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 Regulations, it is not allowed to sell or distribute fresh meat for human consumption if it has been treated with natural or artificial colorings, 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.
Furthermore, 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 7ºC for carcasses and cuts, 3ºC for offal, and -12ºC 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. For the first offence, is fine not exceeding P1000 or imprisonment for a term not exceeding three months. For second or subsequent offence, a fine of P2,000 or imprisonment for a term of six month. Where the offence is a continuing offence, an additional fine of P500 for each day on which the offence continues is imposed. The court may, in addition to any other penalty which it may lawfully impose, cancel or suspend any licence issued to such person which is relevant to the offence committed.
DISTRIBUTION
WITHDRAWAL AND RECALL
The Food Control Act 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, a food recall initiation notification. Where a business food operator is a street vendor, the owner must immediately notify the authorised officer from the relevant local authority to take appropriate measures in 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 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 is 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 is 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 and the Public Health Regulations 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 Veterinary Official Surgeon. 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 7ºC for carcasses and cuts, 3ºC for offal, and -12ºC for frozen fresh meat. Furthermore, the vehicles used for transportation must be equipped and designed in a way that ensures 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 to the aforementioned, the law provides that packaged meat should 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, on the other hand, 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 Regulations establish penalties for violations of meat and fish transport regulations. The Livestock and Meat Industries (Meat Inspection and Control of Red Meat Abattoir) Regulations state that a first offence can result in a fine not exceeding P1000 or imprisonment for up to three months. For a second or subsequent offence, the penalty is a fine of P2,000 or imprisonment for a term of six months. In cases where the offence is ongoing, a daily fine of P500 can be imposed. Additionally, the court has the authority to cancel or suspend any relevant license held by the offender. Failure to comply with the Public Health Regulations can lead to a penalty of a fine not exceeding P500, imprisonment for up to six months, or both.
IMPORT
Under the Control of Goods (Import) Regulations of 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 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 license 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 lays down the procedure to acquire an import license. 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 it necessary to specify.
According to the Public Health Act, Port Health Officers stationed at points of entry have 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 empowers customs officers to carry out an inspection of goods and means of transport upon arrival. The Standards (Import Inspection) Regulations, 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 within Botswana. Similarly, custom officers/inspectors may refuse importation of meat and fish products and disposes the products. Grounds or refusing importation include 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 attracts a fine not exceeding P200 or to imprisonment for a term not exceeding six months, or to both. For a second or subsequent offence, it is a fine not exceeding P400 or to imprisonment for a term not exceeding 12 months, or to both. The Customs Act imposes heavy penalties for custom related offences. Importation of goods not authorised in terms of the Customs Act, or any other law carries a fine of not exceeding P 100 000 or imprisonment not exceeding 2 years or both. Section 385 imposes fines and imprisonment for specific offences such as corruption which attracts a fine not exceeding P 1 000 000 or imprisonment for a term not exceeding 10 years, or to both. Aiding or abetting a person charged with a customs offence, attracts a fine not exceeding P 5 000 000 or imprisonment for a term not exceeding two years, or to 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 provides that the in respect of the export of meat or meat products, the requirements imposed by the importing country for production, storage and transport must be met. Therefore, exporters have to follow the procedures laid down by the importing country.
A person who exports fish without an export permit commits an offense and is liable to a fine not exceeding P500, or to imprisonment for a term not exceeding six months, or to both. In terms of the Wildlife Conservation and National Parks Act, exporting game meat without a permit is an offense that attracts a fine of P10 000 and to imprisonment for 7 years.
INSTITUTIONAL FRAMEWORK RELEVANT TO FOOD SAFETY
INSTITUTIONAL SET-UP
The institutions involved in handling food and ensuring its safety are: Department of Veterinary Services; National Food Control Board; and Botswana Bureau of Standards. Under the Livestock and Meat Industries Act the Director of the Department of Animal Health is responsible for the registration of plants; control and inspection of 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 Food Control Act establishes the National Food Control Board, which functions include advising the Minister with regard to all matters concerning food and food safety; and advising as to 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 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 the promotion of trade, to achieve optimum benefits for the public generally, particularly in the interests of health, safety and welfare, and protection of the consumer. It also provides for the testing, on behalf of the Government, of locally manufactured or imported commodities, to determine whether such commodities comply with the laws dealing with standards of quality or description.
In terms of the Food Control Act, the Minister responsible for health is crucial in regulating food safety. He/she, after consultation with the National Food Control Board, issues food safety alert, warning consumers about food on the market which have been found to be hazardous to the health or safety of consumers, and has the overall responsibility of making subsidiary legislation.
Additionally, the Public Health Act 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 as a health officer. The health officers are responsible for ensuring compliance with the Public Health Act 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 are notices requiring 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 is 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 authorized officers may enter and inspect any premises and have the authority to destroy food that is tainted, adulterated, diseased, or unwholesome for human consumption. The responsibilities of the Port Health Officers include implementing port health programs, 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. He/she appoints officials. 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 domestic regulation of trade, import, export, re-export and transit or trans-shipment of farmed/wild meat/fish legally. The Customs Act bestows the Commissioner General of Botswana United Revenue Services (BURS) with the responsibility of administering revenue laws. These laws regulate the import and export of all goods in the country. Further to this there are custom officers who responsibilities include inspecting goods and means of transport. The Port Health Officers are crucial for importation of farmed/wild meat and fish. They must ensure the safety of imported food and their certification documents. Further to this, the Wildlife Conservation and National Parks Act 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 provides for mandatory cooperation with other government agencies such as police and health port officers on controls other than custom controls. BURS has the coordinating role. Further in the framework of custom controls, in order to facilitate the processing of goods moved between Botswana and other territories, and to minimise 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 coordinate with the local authorities in the flow of information.
In respect of public health, the Public Health Act 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. 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, 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 their responsibilities to any public officer. Within the Control of Goods (Import) Regulations, the Controller is permitted to entrust any of their obligations or functions to a public officer. Likewise, the Excise Duty Act allows for the delegation of the Commissioner General's duties to any officer. Additionally, the Wildlife Conservation and National Parks Act grants the Director the power to delegate their responsibilities to any wildlife officer, provided it is within their own overriding control.