The document most people mean by a food licence is the Certificate of Acceptability, and it is issued by the environmental health department of your local municipality, not by a national body. It is required under the Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972 and its regulations, administered by the Department of Health, and no person may handle food for sale on premises that do not hold one. In most municipalities the certificate itself is free.
That last point surprises people who have been quoted large sums by agents. What costs money is bringing the premises up to standard, not the certificate.
The three things you actually need
1. Certificate of Acceptability, for the premises
This certifies that the premises where food is handled meet health requirements. It is issued per premises and is not transferable, so taking over a shop that had one does not give you one. Apply to the municipality’s environmental health services before you begin trading. The City of Cape Town’s certificate of acceptability page is a useful illustration of what a municipality asks for, though you must apply to the municipality you actually trade in.
2. Business licence, where the Businesses Act requires one
Selling or supplying prepared foodstuffs generally requires a business licence under the Businesses Act 71 of 1991, applied for through the municipality. Whether you need one depends on what you sell and how, which is worth confirming rather than assuming.
3. Zoning and land use approval
The property must be zoned for the activity. A kitchen operating from a residential address usually needs consent use or a home occupation approval, and this is a separate municipal process. Confirm it before signing a lease or committing to a site.
What an inspector checks
The certificate is granted after an inspection of the premises. The recurring requirements are:
- Surfaces, floors and walls that can be cleaned properly, and are in good repair
- Hand-washing facilities separate from food preparation sinks, with running water and soap
- Adequate ventilation, lighting and protection against pests
- Refrigeration that holds and records correct temperatures, where you handle perishables
- Safe potable water, and lawful disposal of waste and waste water
- Separate storage keeping raw and ready-to-eat food apart
- Toilet and changing facilities for staff, not opening directly into a food handling area
- Protective clothing for food handlers, and evidence they understand basic hygiene
How to apply
- Confirm zoning and land use for the address with the municipality, in writing.
- Get the premises to standard first. Applying before the fit-out is right means a failed inspection and a second visit.
- Obtain the application form from environmental health services at your municipality.
- Submit with your identity document, company registration, proof of the right to occupy the premises and a layout plan of the food handling areas.
- Pass the inspection. The certificate is issued for those premises and must be displayed there.
- Apply separately for a business licence if the Businesses Act requires one for your activity.
Mobile and home-based food businesses
A food truck, trailer or stall still handles food for sale, so the requirement still applies, with the vehicle or stall assessed as the premises. Street trading is additionally regulated by municipal by-laws, and trading bays are allocated separately from any health certificate.
For a home kitchen, the practical obstacles are usually zoning and the requirement that food handling areas be separable from domestic use. Some municipalities accommodate this readily and others do not, so ask before you build a business plan around it.
What happens if you trade without one
Handling food for sale without a Certificate of Acceptability is an offence. Environmental health officers can close the premises, and food can be condemned and destroyed. Beyond the legal exposure, most landlords in food courts and malls, most insurers, and any corporate or school catering contract will require sight of the certificate before dealing with you.
A single food-borne illness incident traced to unlicensed premises typically ends the business, so this is a risk worth removing before opening rather than after.
Frequently asked questions
What is a food licence in South Africa?
In practice it is the Certificate of Acceptability, issued by your municipality’s environmental health department under the Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972.
What does it cost?
The certificate is free in most municipalities. The cost is in bringing the premises up to the required standard and in any zoning application.
Can I use the certificate from the previous tenant?
No. It is issued for specific premises and a specific holder, and it is not transferable. You apply in your own name.
Do I need one for a food truck?
Yes. The vehicle or stall is treated as the premises, and street trading by-laws and bay allocation apply on top of it.
Do I also need a business licence?
Usually yes for selling or supplying prepared foodstuffs, under the Businesses Act 71 of 1991, and it is applied for separately through the municipality.
How long does it take?
It depends on the inspection queue in your municipality and on whether the premises pass first time. Getting the fit-out right before the inspection is the main thing within your control.
