National Health Act, 2003 (Act No. 61 of 2003)

Chapter 10 : Office of Health Standards Compliance, Board, Inspections and Environmental Health Investigations, Health Officers and Inspectors, Complaints and Appeal Procedures

82. Inspections

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(1)A health officer may enter any premises, excluding a private dwelling, whereas an inspector may enter any health establishment, at any reasonable time, and—
(a)inspect such premises or health establishment, as the case may be, in order to ensure compliance with this Act;
(b)question any person who he or she believes may have information relevant to the inspection;
(c)require the person in charge of such premises or health establishment to produce, for inspection or for the purpose of obtaining copies or extracts thereof or therefrom, any document, including any health record contemplated in section 15, which such person is required to maintain in terms of any law; and
(d)take samples of any substance or photographs relevant to the inspection.

 

(2)A health officer or an inspector may be accompanied by an interpreter and any other person reasonably required to assist him or her in conducting the inspection.

 

(3)A health officer or an inspector may issue a compliance notice to the person in charge of the premises or health establishment, as the case may be, if any norm and standard or a provision of this Act has not been complied with.

 

(4)A compliance notice remains in force until the relevant provision of the Act has been complied with and a compliance certificate has been issued by the relevant authority.

 

(5)A health officer or an inspector who removes any item other than that contemplated in subsection (1)(d) must—
(a)issue a receipt for it to the person in charge of the premises or health establishment, as the case may be; and
(b)subject to the Criminal Procedure Act, 1977 (Act No. 51 of 1977), return it as soon as practicable after achieving the purpose for which it was removed.

 

(6)The provisions of section 86A apply with the necessary changes required by the context to inspections conducted in terms of this section.

 

(7)A compliance certificate issued by the Office shall be valid for a period of no more than four years and must be renewed before or on the expiry date in a manner prescribed.

 

[Section 82 amended by section 5 of Act No. 12 of 2013]