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The rules for selling home baking in South Africa

Anyone who handles food for sale is responsible for its safety, whether they run a factory, a stall or a home kitchen. Before you sell your first cake, you need a certificate of acceptability for your kitchen, and you need to know what your property and your municipality allow.

The two sets of regulations that matter

• R638 of 2018 covers hygiene for food premises, food handlers and the transport of food, and the certificate of acceptability.
• R146 of 2010 covers the labelling and advertising of food, including allergens and claims.

New labelling regulations were published in draft in 2023. Check the current position with your municipality's environmental health office before you print labels.

What R638 expects of a kitchen

• walls, floors and work surfaces that are smooth, in good repair and easy to clean;
• enough light and ventilation;
• clean hot and cold running water, and a place to wash hands with soap;
• cold storage that keeps perishable food at a safe temperature;
• protection against flies, cockroaches, rats and mice;
• refuse bins with lids;
• no animals where food is handled or stored;
• food stored off the floor and away from chemicals.

The person in charge must be trained in food hygiene. Food handlers wear clean protective clothing, cover their hair, wash their hands correctly and do not handle food while ill.

The certificate of acceptability

1. Apply to your municipality's environmental health office.
2. An environmental health practitioner (EHP) inspects your kitchen.
3. If the kitchen meets the requirements, the EHP issues the certificate.

The certificate is for that kitchen and that person in charge. If you move house, you need a new one. Many municipalities issue it free or for a small fee. It covers hygiene only: it is not a business licence.

Preparing for the inspection

1. Ask for the requirements in writing. Each municipality has its own form.
2. Do a short food hygiene course and keep the certificate.
3. Fix the kitchen: surfaces, water, hand washing, storage, fridge, pests, waste and pets.
4. Write down a simple cleaning schedule and keep a fridge temperature log.
5. Be there, show everything, and note anything you are asked to fix.

The EHP will ask how you keep business baking separate from family life: where business ingredients are stored, when you bake, and where pets sleep and eat. A first inspection often finds small problems. Fix them, and the EHP becomes an adviser you can call later.

Zoning, complexes and leases

Residential zoning usually allows a small business from home only within limits on space, staff, signs, parking and customer visits. Ask your municipality's town planning office what your property allows. In a complex or estate, read the conduct rules. If you rent, check whether your lease needs the landlord's permission.

Markets and street trading

Market organisers often ask for a copy of your certificate. Street trading usually needs a municipal permit and a demarcated bay. A stall that sells food is itself a food premises, so ask your EHP what applies to it.

Labels and claims

Packaged food must carry a label showing what it is, its ingredients and allergens, who made it, the quantity and a date. Never mislead: "butter" must be butter. Do not claim that your baking is healthy or suitable for diabetics, because health claims are strictly controlled.

This guide is based on Chapter 2 of Home Baking as a Side Hustle, which includes a kitchen readiness checklist.