KGATLENG DISTRICT COUNCIL (FOOD-VENDING) BYE-LAWS

(section 33)

(27th August, 2010)

ARRANGEMENT OF BYE-LAWS

    BYE-LAW

    1.    Citation

    2.    Interpretation

    3.    Qualification for carrying on food-vending business

    4.    Application for licence

    5.    Renewal of licence

    6.    Inspection of premises

    7.    Licence to be produced for inspection

    8.    Licence not transferable

    9.    Revocation of licence

    10.    Health status of food-vendors

    11.    Personal hygiene of food-vendors

    12.    Location of business

    13.    Structure of business premises

    14.    Sanitary conditions

    15.    Appliances used in business

    16.    Pest control

    17.    Powers of entry

    18.    Closure of stalls or business premises

    19.    Cooking and serving of food

    20.    Transportation of food

    21.    Food advisory services

    22.    Offences and penalties

        SCHEDULES

S.I. 83, 2010.

1.    Citation

    These Bye-laws may be cited as the Kgatleng District Council (Food-Vending) Bye-laws*.

*Originally made under the Township Act now repealed, these regulations have been continued under s 94(2) of the Local Government Act, 2013.

2.    Interpretation

    In these Bye-laws, unless the context otherwise requires—

    "appliances" includes any utensil, machinery, instrument, apparatus, crockery, article or part thereof, used or intended for use in processing, preparation, handling and serving of food;

    "authorised officer" means any person authorised by the Council Secretary in writing for purposes of giving effect to these Bye-laws;

    "Council" means the Kgatleng District Council;

    "Council area" means the area within the jurisdiction of the Council;

    "crockery" includes glasses, plates, dishes, cups, saucers, spoons, forks, ladles, chopsticks, and any disposable articles used or intended for use in or for the making, preparing, keeping, selling, supplying or the serving of food;

    "disposable articles" means any appliances, containers, gargets, implements, crockery, utensils or wrappers intended for a single use in the storage, preparation, display, sale or serving of food;

    "food-vendor" means a person who prepares, packs, stores, displays and sells ready-to-eat-food or beverages either from a stall, business premises or from place to place;

    "food-handler" means a person who assists in the preparation, cooking, handling and the serving of food;

    "medical practitioner" means a person registered as a medical practitioner in terms of section 9 of the Botswana Health Professions Act (Cap. 61:02), entitling him to practice as such in Botswana;

    "micro-organism" includes any macroscopic living organisms that can cause disease or food spoilage;

    "mobile food-vendor"means a food-vendor who moves from place to place for the purpose of processing, preparing, delivering, displaying and serving of ready to eat food;

    "perishable food" means food that consist wholly or partly of milk, milk products, eggs, meat, poultry, fish or other ingredients capable of supporting progressive growth of micro-organisms that cause food spoilage, food-poisoning and food borne diseases;

    "pests" means any animals or insect, domestic or otherwise, capable of directly or indirectly contaminating food, and shall include rodents, roaches, flies or other insects or vermin infestation;

    "ready-to-eat-food" means any food (including beverages other than alcoholic beverages) which is normally consumed in its raw state, or any food handled, processed, mixed, cooked or otherwise prepared into a form in which it is normally consumed without further processing;

    "stall" includes a cart, caravan or motor-vehicle with or without wheels, or any fixed place equipped with chairs, tables, benches, baskets, or any other structure approved by the Council for food-vending business;

    "utensils" includes appliances, containers, gargets and equipment, including traditional ones, used in the processing, preparation, handling and serving of food; and

    "waste water" means sullage water arising as a result of the activities of food-vending business.

3.    Qualification for carrying on food-vending business

    (1) No person shall carry on the business of a food-vendor within the Council area unless such a person—

    (a)    is a citizen of Botswana;

    (b)    has attained the age of 16 years;

    (c)    is the holder of a food-vending licence, and

    (d)    is free from any communicable or infectious disease.

4.    Application for licence