If you sell food to the public in South Africa, from a stall, a spaza, a bakkie or a home kitchen, you run a food business in the eyes of the law. The rules come with paperwork, and the people who enforce them are municipal environmental health practitioners, who can issue a notice or close you on the spot. Most traders who are closed are not unhygienic. They simply never knew what the law required.

This session covers the compliance side only: the certificate you need, who it belongs to, what an inspector checks and how to respond to a notice. The day-to-day hygiene habits, such as temperature control and keeping raw and cooked food apart, are covered in our guide to food safety in the informal sector session.

The law behind it

Food premises are governed by Regulation R638 of 2018, the regulations on general hygiene requirements for food premises and the transport of food, made under the Foodstuffs, Cosmetics and Disinfectants Act. R638 replaced the older R962 of 2012. It is national law, but your municipality enforces it, which is why application steps and fees differ between municipalities.

The Certificate of Acceptability

The central requirement is a Certificate of Acceptability for the premises where food is handled, prepared or sold. It is issued by your local municipality once an environmental health practitioner is satisfied the premises comply. Four details catch traders out:

• It is issued to a person, not a business. The certificate is in the name of the person in charge of the premises.
• It cannot be transferred. It does not move with you to new premises, and a new owner cannot take over the previous owner’s certificate.
• Changes must be reported first. You may not make changes to certified premises without telling the municipality in writing beforehand.
• It must be on show. Display it on the premises, or produce it immediately if an inspector asks.

Training is part of compliance

Under R638 the person in charge must make sure that everyone handling food is suitably trained in food safety and hygiene. Keep proof of training for yourself and anyone who helps you, because inspectors can ask for it.

Other permits that can apply

Depending on what and where you trade, you may also need a trade licence from the municipality, since businesses that sell meals, takeaways or perishable food are among those that need one, and a street trading permit where by-laws control where stalls and vehicles may operate. Our quick check on which businesses need a trade licence covers the licence side.

What an inspector checks

• A valid Certificate of Acceptability in the right person’s name
• Hand-washing facilities with soap and clean water
• Safe storage and temperature control for perishable food
• Clean surfaces, pest control and waste handled properly
• Training records, and labelling on any packaged food you sell

If you receive a compliance notice

A notice is not a closure. It lists what must be fixed and by when. Read it carefully, ask the inspector to clarify anything unclear, fix each item, and keep photographs and receipts as proof. Contact the environmental health office before the deadline if something will take longer, rather than letting it lapse.

Who should watch this session

• Spaza and tuck shop owners selling prepared or perishable food
• Street traders and mobile food sellers
• Anyone cooking or baking at home for sale, including for events
• Traders who have received a compliance notice and are unsure what to do

Why compliance pays

A Certificate of Acceptability moves you out of the informal category in the eyes of buyers. Schools, canteens, retailers and caterers generally cannot buy from uncertified food premises, and funders are reluctant to finance a business that can be closed lawfully at any time. Free business development support, including help with formalising and compliance, is available through SEDFA, the agency that replaced SEDA in 2024.

Frequently asked questions

Do I need a Certificate of Acceptability for a home kitchen?

If you sell the food to the public, yes. Requirements for home premises vary by municipality, so confirm with your local environmental health office.

Can I use the previous owner’s certificate if I take over a food business?

No. The certificate is not transferable between people or premises. Apply in your own name.

What does a certificate cost?

Fees are set by each municipality. Ask for the current fee when you apply.

Can I trade while my application is being processed?

That depends on the municipality. Ask directly and keep the answer in writing.

What happens if I trade without a certificate?

Trading without one is an offence. Expect a notice with a deadline, or closure if the risk is judged serious.

Watch the session, then call your municipal environmental health office this week to ask what they need from you.