Commission sends a warning to food stores in South Africa

The National Consumer Commission (NCC) will conduct compliance inspections to crack down on unsafe and expired goods, which started in the Capricorn District Municipality in Limpopo.

The NCC first noted in June that it would embark on compliance inspections to ensure that unsafe and expired goods (goods that have passed their shelf-life) are removed from the shelves.

It said this is meant to retain consumers’ confidence in the food and foodstuffs they buy from the shops.

Section 55 of the CPA provides that every consumer has a right to goods that are of good quality, safe, and comply with applicable standards or any other public regulations.

Considering this, the Commission highlighted that it joined forces with the Departments of Labour, South African Police Services, and Environmental Health Practitioners to conduct the inspections.

The NCC noted that operations commenced in the Capricorn District Municipality of Limpopo last month.

In the areas inspected, the team found widespread non-compliance, particularly with products that have passed their sell-by, use-by, or best-before dates.

The NCC promptly removed and confiscated the non-compliant goods from the shelves.

These included baby food, sweets, soft drinks, noodles, snacks, canned goods, juices, and other consumables, which had the potential to harm consumers’ health.

Additionally, the Commission added that it discovered the equally concerning practice of retaining goods past their date markings and selling them to consumers at discounted prices.

The Consumer Goods and Services Ombud (CGSO) has also said that it supports the National Consumer Commission’s (NCC) countrywide crackdown on the sale of expired products.

They are urging consumers to always check the expiry dates on food items before making purchases.#

Queen Munyai, the CEO of the CGSO, said that according to the Consumer Protection Act (CPA), consumers have the right to goods and services that are not harmful and of good quality.

She added that expiry dates serve as manufacturers’ warranties, assuring customers that products consumed before the expiry date will not cause harm if stored and prepared according to the manufacturer’s instructions.

She added that the manufacturer cannot guarantee the quality of the product after the expiry date. Expiry dates are necessary for consumer safety.

She also stressed that this problem could be exacerbated in rural areas, given the lack of coverage.

“Historically, almost all the complaints received by the CGSO emanate from urban areas, which means that provinces with large rural populations, such as North West, Free State and Limpopo, are underrepresented.

“It’s not that these provinces don’t experience poor service; rather, consumers may not be aware of their rights.

“Rural consumers also tend to have fewer retail options and are particularly vulnerable to deceptive trading practices, such as putting stickers over Best Before dates or smudging expiry dates to make them illegible,” said Munyai.

The NCC has reiterated its warning to suppliers and retailers to adhere to the provisions of the CPA.

It will persist in its efforts to uphold a fair marketplace by holding non-compliant suppliers accountable.

The NCC plans to collaborate with stakeholders and conduct visits to various provinces across the country to ensure legal compliance.

To minimise consumer exposure, goods that do not meet the required standards will be removed from shelves, and additional enforcement measures will be taken.

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