Meat Safety Act, 2000 (Act No. 40 of 2000)

According to section 12(1) of the Meat Safety Act, 2000, the Minister may by notice in the Gazette establish a scheme for the improvement of meat safety and safety of animal products. Meat inspection is a critical component of ensuring meat safety and safety of animal products.

Section 11 (1)(b) of the Meat Safety Act, 2000 indicates that the owner of an abattoir must procure a meat inspection service for that abattoir. Section 11(1)(c) further indicates that meat inspection services may only be performed by the national executive officer, a provincial executive officer, an authorised person or an assignee, who must perform that function independently from the abattoir. A person performing a meat inspection service must be a veterinarian, meat inspector, meat examiner, animal health technician or such other duly qualified person as may be prescribed (section 11 (1 )(d).

In order to permit meat inspection personnel to conduct a service legally, the Minister may assign the application of the Act or certain provisions thereof throughout the Republic or in a particular area, to any person with an interest in or particular knowledge of meat and meat safety (Section 4(1 )).

The NEO may, with the approval of the Minister, delegate any power conferred on him or her or assign any duty imposed on him or her under the Act, to a person who is not an officer (section 3(1)(a)(ii)). An assignment as contemplated must set out the powers and duties of the assignee who must exercise the powers and perform the duties subject to the directives of the national executive officer.

Unless the Minister in a particular case directs otherwise, an assignee has no recourse against the State in respect of any expenses incurred in connection with the exercise of the powers or the performance of the duties in question (Section 4(3) of the Act).

Regulation 111 of the red meat regulations No. 1072 of 2004 and regulation 84 of the poultry meat regulations No. 153 of 2006 state that the person contemplated in section 11 (1 )(c) of the Act must register with the PEO to perform meat inspection at a specific abattoir.

Regulation 84 of the red meat regulations and regulation 76(1) of the poultry meat regulations further state that the Provincial Executive Officer may determine the number of meat inspectors and meat examiners required at an abattoir after having considered the abattoir design, number of inspection stations, line speed, different species, structural and managerial aspects.