Zambia- Statutory law - Food safety
Food Safety
Zambia
SUMMARY
Animals intended for human consumption must be slaughtered in approved locations, either at an abattoir provided by the local authority or at a place approved by the Medical Officer. Game meat is exempt from this requirement and is considered suitable under The Food Safety Act, 2019. Operating a slaughterhouse requires a permit and operating without one is a criminal offense. The law sets minimum standards for design, construction, and hygiene, and a certificate of compliance is granted after a health inspection.
Meat inspectors have the power to enter premises, inspect livestock and carcasses, and prohibit slaughter if necessary. The Food Safety Act establishes the Food Safety Coordinating Committee to oversee food safety matters, including a scientific committee. The Wildlife Act allows the Minister responsible for wildlife to control, prohibit, or impose conditions on the trade and movement of game or protected animals, or the trade in their carcases, meat and skins, from a specified area for a period of time specified in an order. It is not explicitly stated that the restrictions can be taken for food safety reasons.
There are no specific provisions on basic hygiene practices for hunters, but the Food Safety Act prohibits handling food under unsanitary conditions
Food shall be stored and transported in a manner that preserves its composition, quality and purity, and that minimizes the dissipation of its nutritive properties from climate and other deteriorating conditions; however, storage, transportation, and post-mortem inspection of wild game meat lack specific regulations.
Permits are required for the movement of animals, animal products, or prescribed products. The Fisheries Regulations set standards for industrial vessels, fish preparation and freezing areas, and fish factories to minimize contamination risks.
Animals awaiting slaughter must be fed, watered and treated with proper care and be kept by the owner in the pens provided for that purpose. Cleansing procedures and maintaining livestock free from tick infestation are compulsory before moving the livestock. Appropriate withdrawal of food prior to slaughter is not required.
Post-mortem inspections are conducted on animal carcasses intended for trade, and meat or fish unfit for human consumption is declared by inspectors. Food must be stored, transported, and labelled appropriately, and false or misleading labelling is prohibited. Health clearance certificates are required for handling, storing, selling, and disposing of food. An appropriate enforcement authority shall monitor the production, distribution, marketing, advertisement, importation and exportation of food and food additives to ensure they meet the standards of food safety.
In factories or premises used for processing fish or fish products, there shall be a register of the processing of fish and fish products carried out; they shall be preserved by salting, smoking or drying and the conditions of storage shall be indicated on the packaging
Processing areas and equipment should not be used for animal feed or inedible products if contamination is possible. The Minister can issue regulations regarding records keeping by persons and businesses regulated under Food Safety Act, 2019.
Criminal sanctions and recall procedures are established for offenses and unsafe products.
Health clearance and import permits are required for importing food ,export permits are required, and additional requirements can be set to prevent disease introduction. Meat shall be inspected upon arrival and prior to release to the importer. Inspectors can refuse importation, seize, destroy, detain or dispose of an article, imported or exported that does not comply with the food safety provisions or that is likely to cause harm or have adverse effects on human health or life.
The Food Safety Coordinating Committee ensures food safety and includes representation from various groups. Local authorities have powers to control food-related activities, and the Competition and Consumer Protection Tribunal handles consumer product safety issues.
The Food Safety Committee should consult and cooperate with any state institution in the implementation of the Food Safety Act and recognize the role of other agencies in implementing matters relating to food safety. Furthermore, it should coordinate activities and responses among enforcement agencies. An appropriate enforcement authority or regulatory services centre shall keep a register of regulatory health clearances and certificates.
GENERAL PROVISIONS
FACILITIES AND HYGIENIC PRACTICES
Animals, defined in the Public Health (Meat, Abattoirs, Butcheries) Regulations, 1932, as quadrupeds commonly used for human food, must be killed in the abattoir provided by the local authority when available, or slaughtered at a place approved by the Medical Officer in order to be sold. Game meat is explicitly excluded from this requirement without specifying if deriving from hunting or ranching, while meat from non-quadruped animals is implicitly excluded by the definition of animals. The Food Safety Act, 2019 declares “unsuitable food” as “food that— (a) is the product of a diseased animal or an animal that has died other than by slaughter, and has not been declared under this Act”, referring to the broader definition of animal provided by the Animal Health Act, 2010” but since slaughter includes the harvesting, removal or taking of an animal for the purpose of use as an article”, game food should be considered suitable. A person who intends to operate any premises as a slaughterhouse shall apply to the Director responsible for veterinary services for a permit in the prescribed manner and form, upon payment of the prescribed fee, and it is a criminal offence to operate abattoirs without the necessary permits.
The law prescribes minimum standards for the design and construction of facilities as well as minimum standards of hygiene. A local authority or regulatory services centre shall grant a certificate of compliance for a business if it determines, by a health inspection, that the premises, for which the application is made, are structurally designed or adapted to be used for the purpose without creating a health hazard. There are no provisions requiring facilities used for killing of animals and facilities that inspect and/or process meat to implement a risk-based self-control system applicable at all stages of their operations.
INSPECTORS
The law allows for the appointment of inspectors, but does not directly set the minimum qualifications, as an authorized officer may be a veterinary officer, livestock officer, veterinary assistant or animal scientist employed by the Government as assigned in the Animal Health Act, 2010 and any other suitably qualified officer appointed as such by the Minister, by statutory instrument.
MEAT AND PRODUCTS GENERATED FROM HUNTING
GENERAL PROVISIONS
The Wildlife Act, 2015 provides that the Minister may, on the advice of the Director, by statutory instrument, control or make subject to any condition, the trade in live or game or protected animals, or the trade in their carcases, meat and skins, and prohibit, limit, control or make subject to a condition, the movement of the meat of a game or protected animal from a specified area for a period of time specified in an order. It is not explicitly stated that the restrictions can be taken for food safety reasons. The law does not require hunters to be trained in basic ante-mortem and or post-mortem techniques, nor to undertake immediate hygienic practices in the field. In general, the Food Safety Act, 2019 prohibits the handling of food under insanitary conditions, but does not specify these particular hygiene practices. The chilling of the carcass after killing is not required.
TRANSPORTATION
As a general rule, food shall be stored and transported in a manner that preserves its composition, quality and purity, and that minimizes the dissipation of its nutritive properties from climate and other deteriorating conditions, but there are no specific provisions on wild game meat transportation, packaging and post-mortem inspection. Under the Animal Health Act, an officer has the power to inspect and examine any conveyance which he or she has reasonable grounds to believe is transporting an animal, animal product, animal by-product, article or animal feed to ensure sanitary compliance. A person shall not move any animal, animal product, animal by-product, article or any product as may be prescribed, without a permit. These rules should be applicable to wild animals based on the definition of animals, which does not explicitly exclude wild game.
FISH AND PRODUCTS GENERATED FROM FISHING AND AQUACULTURE
GENERAL REQUIREMENTS
The Fisheries Regulations, 2012 set the minimum requirements for the design of industrial vessels, the areas for the preparation and freezing of fish and fish products, and for fish factories. The law prescribes which harvesting or killing methods are permitted and/or prohibited for fishery products as well as the handling, processing, storage and transportation requirements for fishery products (during harvesting, sorting and transfer) so to minimize the risk of contamination. There are general directions and requirements for the treatment of fish promulgated in the Fisheries Regulations but not specifically for different fish species (e.g. heading, gutting, filleting, as required depending upon species) nor for the production and crushing of ice used for preservation.
INSPECTION
LAIRAGE (APPLIES TO LIVESTOCK AND FARMED WILD ANIMALS ONLY)
The minimum conditions for the lairage of animals prior to slaughter are provided. Animals awaiting slaughter must be fed, watered and treated with proper care. No animal shall be allowed to stray at large within the abattoir but shall be kept by the owner in the pens provided for that purpose, but no separation criteria are set forth. Cleansing procedures and maintaining livestock free from tick infestation are compulsory before moving the livestock. The appropriate withdrawal of food prior to slaughter is not required.
ANTE-MORTEM INSPECTION (APPLIES TO LIVESTOCK AND FARMED WILD ANIMALS ONLY)
The law does not require compulsory ante-mortem inspection for livestock. Meat inspectors or other officers may, at any reasonable time, enter any land or premises where livestock are kept for slaughter or offered for sale, and inspect any livestock or carcass found on the land or premises if the inspection is reasonably practicable, and may prohibit the slaughtering of any livestock. When deemed necessary by the Meat Inspector and is reasonably practicable, any animal intended for slaughter for sale as human food shall be examined by a Veterinary Officer before slaughter, and for this purpose, the Meat Inspector may prohibit the slaughter of any animal until an examination shall have been made, provided that the slaughter may not be delayed more than 24 hours. Furthermore, in case of the intention to slaughter an animal for emergency reasons, notice shall be given to the Meat Inspector before slaughter, and as far as may be practicable, all such animals shall be examined live by a Veterinary Officer.
The Minister may, by statutory instrument, issue regulations for the assessment of fish health status in the production sites through inspections and standardized procedures. The law does not clearly prescribe procedures and tests that must be undertaken during ante-mortem inspection, nor empower a competent authority to prescribe these procedures and tests, in line with a given indicator. As a general rule, authorized officers can apply, or order the application of, measures that are necessary or prescribed for the control or prevention of foodborne diseases or a health hazard, or food contamination or adulteration.
POST-MORTEM INSPECTION (APPLIES TO MEAT FROM ALL ANIMALS, BOTH WILD AND FARMED, TERRESTRIAL AND AQUATIC)
Post-mortem inspection must be conducted on animal carcasses intended for trade to identify potential risks to human health, and post-mortem tests must be performed, corresponding to defined judgment criteria. Further, the law empowers inspectors to declare the findings as to whether the meat or fish either fit or unfit for human consumption. The carcasses of animals condemned due to disease or other reasons as unfit for human consumption shall be dealt with and disposed of by their owner, in such manner as the Medical Officer of Health or Veterinary Officer shall direct. The fish products shall, during production and before they are released for human consumption, be subject to visual inspection for the purpose of detecting and removing any parasites.
There are no explicit exceptions or different procedures for meat or fish for self-consumption. The law does not require that the post-mortem inspection take into account all relevant information, including from primary production, harvesting (for aquatic species), ante-mortem inspection and hunters’ reports. Meat declared as unfit for human consumption must be disposed of by the owner. An authorized officer may destroy or order the destruction of any diseased fish or fish products. The law does not specify who bears the cost of post-mortem inspection and does not prescribe timelines for inspection.
PROCESSING
MARKING
The law prescribes that unmarked meat shall not be for human consumption. The law makes provision for the marking of meat or fish as fit for human consumption, and it must be accordingly marked or stamped. A person shall not label, package, sell or advertise any food in a manner that is false, misleading or deceptive as regards its character, nature, value, substance, quality, composition, merit or safety, or in contravention of the provisions and standard set by the Food Safety Act and the Consumer Protection Act. As a general rule of food safety, a regulatory health clearance certificate is required for any kind of food to be handled, stored, transported, sold and disposed of.
The Food and Drugs Regulations,1978 (2006) require that the country of origin must be declared. Any packaging or consignment of fish or fish products shall be labelled with the following information in order to trace the origin of the fish or fish products: the name, business address and registration number of the processing factory or premises; or where applicable, the registration number of the wholesale market.
PROCESSING
As a general rule, food shall be manufactured, stored and transported in a manner that preserves its composition, quality and purity, and that minimizes the dissipation of its nutritive properties from climate and other deteriorating conditions. Food that was manufactured, prepared, preserved, packaged or stored under unsanitary conditions cannot be sold or imported. An appropriate enforcement authority shall monitor the production, distribution, marketing, advertisement, importation and exportation of food and food additives to ensure that the food and food additives meet the standards of food safety.
In a factory or premises used for processing fish or fish products, there shall be a register of the processing of fish and fish products carried out. Fish and fish products shall be preserved by salting, smoking or drying, the conditions of storage shall be indicated on the packaging for and the expected storage life of the fish and fish products should be made available to the Department on demand. The fish products shall, during production and before they are released for human consumption, be subject to visual inspection for the purpose of detecting and removing any parasites. Microbiological criteria, including sampling plans and methods of analysis, shall be complied with to protect human health. Fish packaging materials and products shall comply with the rules of hygiene.
The Food and Drugs Regulations, 2006 impose to carefully monitor physical factors (e.g. time, temperature, humidity, pressure and flow-rate) and processing operations (e.g. freezing, dehydration, heat-processing and refrigeration) to control and prevent food contamination, and minimize the potential for undesirable intoxication of food. The law does not provide double standards for rural and urban areas in relation to conditions for meat or fish storage. Food processing areas and equipment used for processing food shall not be used for processing animal feed or inedible products unless there is no reasonable possibility of contamination of the human food.
Water used for washing, rinsing, or conveying food products shall be of adequate quality, and ice in contact with food products shall be made from potable water. The Minister is empowered to issue regulations providing for the books and records to be kept and maintained by persons and businesses regulated under the Food Safety Act, 2019. A register of the processing of fish and fish products carried out at the factory or premises is required. In case of offences, criminal sanctions are imposed.
DISTRIBUTION
WITHDRAWAL AND RECALL
The law establishes 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. The enforcement authority has the power to order the manufacturer, distributor and seller to recall the unsafe food, but the procedure to follow is not specified. The court may, on conviction of a person of an offense under the Food Safety Act, order the forfeiture or disposal of an article in relation to which the offense was committed.
TRANSPORT
The Food Safety Act, 2019 requires that transport be carried out under sanitary conditions, in a manner that preserves the composition, quality and purity of the food and minimizes the dissipation of its nutritive properties from climate and other deteriorating conditions The Public Health Regulations, 1932 and the Fisheries Regulations, 2012 prescribe the conditions for the transportation of meat or fish products (e.g. temperature requirements, cleanliness, disinfection). No vehicle used for the transport of meat may be used for any other purpose without the approval of the local authority.
IMPORT
The Food Safety Act, 2019 requires a health clearance permit for importing food, and import permits are required to import an animal, animal product or article, and any fish or fish product. The Authorities have the power to establish additional requirements for the importation of meat or fish based on risk, to prevent the introduction of disease or health risks into the country. Meat must be made available for inspection upon the arrival and prior to the release to the importer. Inspectors can refuse importation, dispose of the products following importation, and seize, destroy, detain or dispose of an article, imported or exported not complying with the food safety provisions or likely to cause harm or have adverse effects on human health or life. The Food Safety Coordinating Committee and the National Food Laboratory are empowered to establish additional standards to be met for disease prevention in the country.
The law does not prohibit the import of fish or meat without an international veterinary certificate nor prescribe that meat or fish products may only be imported from an approved list of establishments.
EXPORT
The law requires prospective exporters of meat or fish products to acquire an export permit from the competent authority, but it is not clear if the permit is required for each shipment. The law requires exporters of meat or fish products a health clearance certificate, but does not prescribe the related costs and procedures. Criminal sanctions apply for breach of the law.
INSTITUTIONAL FRAMEWORK RELEVANT TO FOOD SAFETY
INSTITUTIONAL SET-UP
The Food Safety Coordinating Committee, established by The Food Safety Act, 2019, is responsible for food safety and includes: the central national authorities; the ministries responsible for animal health, commerce, higher education, agriculture, local government, water, sanitation and the environment; the Attorney-General; a consumer interest organization; the Zambia Chamber of Commerce and Industry; and the Zambia Association of Manufacturers. The functions of the Committee are to: coordinate activities and responses relating to food safety among enforcement agencies in order to have a unified scientific basis in the food control system; coordinate the regulation of importation, exportation, production, manufacturing, labelling, storage, promotion, transportation, advertisement, packing, packaging, sale, distribution and disposal of articles and materials, or substances used in the manufacture of an article: facilitate consumer protection in relation to food safety in collaboration with the Competition and Consumer Protection Commission; facilitate information sharing among enforcement agencies on matters relating to food safety; coordinate the implementation of food safety policies, procedures and guidelines; advise the Minister on policy matters related to food safety; and liaise with other agencies in matters relating to food safety.
INSTITUTIONAL COOPERATION AND COORDINATION
The law provides for coordination, which is not mandatory. The Food Safety Committee should consult and cooperate with any state institution in the implementation of the Food Safety Act and should recognize the role of other agencies in implementing matters relating to food safety. Furthermore, it should coordinate activities and responses relating to food safety among enforcement agencies and with the Competition and Consumer Protection Commission. The law provides for subsidiary mechanisms, but limited to the local government framework. An appropriate enforcement authority or regulatory services centre shall keep a register of all the regulatory health clearances, notifications of refusal, health clearance certificates and certificates of compliance issued under this Act, and shall send notices, in writing, of the information to other relevant regulatory agencies.
DELEGATION OF POWERS
The Animal Health Act allows the Director of the Department in the execution of his or her functions to establish expert advisory committees to advise on technical matters relating to the provisions of the Act. The Local Government Act allows the National Government, in relation to the powers and functions of the local authority conferred by the Act, to facilitate the exercise of these powers and the discharge of these functions in a manner that gives due recognition to the autonomy of the local authority, and to formulate national policies, regulatory frameworks, guidelines and service delivery minimum standards for the local government system. The Fisheries Act allows the Minister, by statutory instrument, to appoint a committee for a fisheries management area, which shall promote and develop an integrated approach to the management and sustainable utilization of natural and fisheries resources in a fisheries management area under its jurisdiction. The Competition and Consumer Protection Act assigns to the Competition and Consumer protection Commission the function to cooperate with and assist any association or body of persons to develop and promote the observance of standards of conduct in order to ensure compliance with the provisions of this Act. The Commission is also allowed, for the purpose of coordinating and harmonizing matters relating to competition in other sectors of the economy, to enter into a memorandum of understanding with any regulator in that sector, in the prescribed manner and form. A foreign competition authority, where it has reasonable grounds to believe that anti-competitive practices in Zambia are damaging competition in the country of the authority, request the Commission to investigate and make an appropriate determination. The Food and Safety Act delegates the functions to the Committee to facilitate consumer protection in relation to food safety in collaboration with the Competition and Consumer Protection Commission.