A local food manufacturer may be on the receiving end of a massive fine after one of its product ranges was found to contain traces of listeria.
Nearly ten years after a major listeriosis outbreak that killed over 200 people in South Africa, the National Consumer Commission (NCC) has referred BM Foods Manufacturers (Pty) Ltd (BM Foods) to the National Consumer Tribunal for adjudication, which may see this fine come to fruition.
LISTERIA CONTAMINATION
According to a recent media statement, the NCC explained that the referral came after Shoprite Checkers initiated a recall of its Deli hummus range in September 2024. The recall took place after laboratory testing confirmed the presence of Listeria monocytogenes.
This pathogenic bacterium can give rise to listeriosis, which can contaminate many foods. It can induce symptoms such as diarrhoea, vomiting and muscle pain. The more severe the disease, the more it can lead to death.
Per the statement:
Following the product recall and initial assessment, the NCC initiated an investigation into BM Foods. The investigation was prompted by information that indicated that the supplier might have contravened the provisions of the Consumer Protection Act (CPA). The laboratory results confirmed the presence of the harmful microorganism Listeria monocytogenes.
LAW CONTRAVENTION
As a result of their findings, the NCC found BM Foods in contravention of the Consumer Protection Act (CPA).
Specifically, the food manufacturer contravened Section 55(2)(a) – (d) read with 56(1) of the CPA, as well as Regulation 10 of Regulation R638 of 2018 of the Foodstuffs, Cosmetics and Disinfectants Act:
Regulation R638 requires the person in charge to ensure that routine assessments are conducted to comply with the regulation’s hygiene requirements.
Section 55 of the CPA provides that every consumer has the right to receive goods that are reasonably suitable for the purposes for which they are generally intended, goods that are of good quality, in good working order and free of any defects, and comply with any applicable standards set under the Standards Act, 1993 (Act No. 29 of 1993), or any other public regulation.
WHAT THIS MEANS FOR BM FOODS
In light of their investigation, the NCC has referred this matter to the National Consumer Tribunal.
Consequently, the Tribunal has the authority to impose a fine of R1 million on BM Foods. Alternatively, they may require BM Foods to pay ten per cent of their annual turnover.
In other news, local health authorities recently issued a targeted recall of specific batches of Citro-Soda after a contamination risk was identified.
Similarly, Made for Tots Corn Puffs Chicken, a popular baby snack, was also taken off the shelves at Clicks Group stores.
What do you think of these food recalls and contaminations? Sound off in the comments below!
