Food Control and Regulation Law, In an era of rapid changes in food technologies and growing global food trade, controlling foodborne risks along the food chain has become pivotal and, in order to meet the complex challenges of the twenty-first century, Food Control and Regulation Law systems must keep pace with the latest developments, operate on the basis of the concept of risk analysis and comply with international standards and best practices established by Codex Alimentarius.

From this standpoint, the Egyptian government has been keen to provide all the terms and conditions that guarantee the health of citizens and govern companies related to the food sector to be careful while trading in food trade, therefore, the Ministry of Health issued Law No. 10 of 1966 on food control and regulation of its circulation.

The provisions of this law include a set of provisions that oblige food-importing companies and institutions in the private sector and the public business sector to apply, thus ensuring that the available food is safe, healthy and fit for human consumption,

and the most important of these articles are as the following:

(1) Prohibiting the trade of non-compliant, unfit for human consumption, or adulterated foods based on prevailing legislation.

(2) Requiring food trading locations to consistently meet sanitary hygiene standards set by the Minister of Health.

(3) Mandating that individuals involved in food trading are free from infectious diseases, with a decree issued by the Minister of Health.

(4) Ensuring that food transport and containers consistently meet health requirements set by the Minister of Health.

(5) Restricting the addition of colorants, preservatives, or other food additives unless specified by the Minister of Health.

(6) Requiring foods, containers, and packaging materials to be free from health-hazardous substances, with the Minister of Health setting upper limits for certain substances.

(7) Mandating that locally traded, imported, or export-bound foods are entirely free from pathogenic microorganisms, with the Minister of Health having the authority to set bacteriological standards.

(8) Requiring imported foods to comply with existing laws, with the Minister of Health having the authority to specify categories that must be accompanied by a health certificate from the producing country.

(9) Ensuring that exported foods comply with existing laws, with accompanying preserved items requiring a health certificate from the manufacturing health authority, indicating compliance with health regulations under the Minister of Health’s decree.

(10) Advertising or trading specialized foods is prohibited without prior registration and obtaining a license from the Ministry of Health. The process should adhere to conditions and procedures set by the Minister of Health.

In applying the provisions of this article, specialized foods refer to non-pharmaceutical food preparations, including:

  • Formulas for infant and child nutrition.
  • Low-calorie products for diabetic patients or weight reduction.
  • High-calorie products for weight gain.
  • Stimulants, tonics, and appetite enhancers.

The Minister of Health may add or remove other food preparations through a decree.

The law also includes a set of conditions that define the responsibilities of importing companies in the food sector regarding the import of food shipments and obtaining a food trading license, and the most important of these conditions are as the following points:

(1) Importers subject to these provisions must rectify their status within six months from the day following the issuance of requirements for the electronic means and techniques in the transfer of incoming food messages or related materials subject to the provisions of the temporary release.

(2) Food message importers are prohibited from obtaining a food trade license in the following cases:

  • If they have previously violated commitments to any other food message transferred and stored according to the provisions of the temporary release within the preceding 12 months before the arrival of the required message transfer, as per the provisions of the temporary release, or if there has been a final court judgment issued concerning it.
  • In the event of non-compliance with the re-exportation or disposal of non-compliant messages within the specified deadline set by the authority.

(3) Importers of incoming food messages subject to the temporary release provisions must:

  • Implement all procedures, controls, requirements, and technical rules issued by the authority.
  • Not engage in the incoming food message or any part of it, or release, dismantle, or dispose of it until the conformity decision is issued by the authority, and provide an undertaking of full responsibility for the incoming food message during its transfer and storage.
  • Submit the available storage capacity for the storage facility from the importer or their authorized representative in the case of storing incoming food messages subject to the temporary release, and have it approved by the authority.
  • Provide accurate information about the storage facility for incoming food messages subject to the temporary release, or the conditions of storage operations or food trade.
  • Notify the authority of any changes to the storage facility dedicated to incoming food messages subject to the temporary release in general.
  • Utilize available technological means specified by the authority in the transfer and storage operations of incoming food messages or related materials subject to the provisions of the temporary release.
  • Enable the authority to take samples from the incoming food message or related materials at the storage facility according to food safety and quality requirements, and follow up on the conservation.
  • Implement the authority’s decisions regarding the disposal or re-exportation of the message and notify the authority of actions taken in this regard.
  • Refrain from trading in food unfit for human consumption, of unknown origin, or expired.
  • Settle the authority’s dues for fees, services, costs, or related logistical arrangements.

As every action has a reaction, there are penalties and judgments stipulated in the Food Control and Regulation Law No. 10 of 1996 imposed on anyone who violates any of the provisions of the laws or requirements set for monitoring food and its trade, causing harm to public health, and the most important of these penalties are as follows:

Firstly: Regarding the suppression of fraud and cheating according to Law No. 48 of 1941:

(1) Deceptive actions related to the identity, nature, characteristics, type, origin, or source of traded goods, through any means, will result in a minimum one-year imprisonment and a fine ranging from five thousand to twenty thousand Egyptian pounds, or the value of the goods involved, whichever is greater, or both penalties.

(2) Cheating related to quantity, measure, weight, capacity, or the use of counterfeit scales, measures, weights, capacities, stamps, or fraudulent machines will lead to imprisonment for a minimum of one year and a maximum of five years. A fine ranging from ten thousand to thirty thousand pounds, or the value of the goods involved, whichever is greater, may also be imposed, or both penalties.

(3) The following cases shall be punished by imprisonment for a period of not less than one year and not exceeding five years and a fine of not less than ten thousand pounds and not exceeding thirty thousand pounds or the equivalent value of the commodity subject of the crime, whichever is greater:

  • Anyone who cheats or attempts to cheat any of human or animal food, drugs, medicinal plants, medicines, agricultural crops, natural products or industrial products intended for sale, as well as anyone who knowingly offers, offers for sale or sells any of these adulterated or spoiled foods or products or whose expiry date has expired.
  • Anyone who manufactures, offers, offers for sale or sells materials, packages or packaging used in the fraud of human or animal food, drugs, medicinal plants, agricultural tools or crops, natural products or industrial products, as well as anyone who ensures or assists in their use in fraud by means of pamphlets, publications or by any other means of any kind.

Secondly: Regarding the control of food and its trade according to Law No. 10 of 1966:

(1) Violation of the provisions of articles 7, 8, 9 of this law and its implementing decisions is punishable by imprisonment for a period not exceeding one month and a fine of no less than five pounds and not exceeding fifty pounds, or either of these penalties.

(2) Anyone who violates the provisions of articles 2, 10, 11, 12, 14, and their implementing decisions, with good intentions, shall be punished with a violation penalty, and the judgment should result in the confiscation of the food items constituting the offense.

(3) In cases where any other law prescribes a more severe penalty than those mentioned above, the more severe penalty shall apply without exception.

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