Hummus supplier faces R1 million penalty from NCC due to Listeria issues
The National Consumer Commission (NCC) has referred a hummus supplier to the National Consumer Tribunal
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The National Consumer Commission (NCC) has referred a hummus supplier to the National Consumer Tribunal after its ready-to-eat products were found to be contaminated with Listeria monocytogenes.
This comes after Shoprite Checkers initiated a recall in September 2024 of its deli hummus range following laboratory tests that confirmed the presence of the bacterium. The NCC subsequently launched an investigation into BM Foods Manufacturers (Pty) Ltd, the supplier of the affected products.
The Commission found that the products were unsafe for consumption and may have breached provisions of the Consumer Protection Act and food safety regulations.
"The presence of the microorganism Listeria monocytogenes indicated that BM Foods produced and distributed hummus that was unsafe for consumption, thus contravening section 55(2)(a) – (d) read with 56(1) of the CPA and Regulation 10 of Regulation 638 of 2018 of the Foodstuffs, Cosmetics and Disinfectants Act (Regulation R638)," the NCC said.
"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".
The consumer watchdog added that the matter has now been referred to the National Consumer Tribunal, where it is seeking a penalty of R1 million or 10% of the company’s annual turnover.
“Suppliers of foodstuffs have an obligation under the CPA and applicable regulations to supply goods that are safe and do not pose a risk to consumers. It is therefore important that where there are findings of the violation of the CPA, implicated suppliers are held accountable before the Tribunal.”
"The NCC has referred this matter to the Tribunal and has pleaded for the imposition of a fine of R1 000 000 00 (one million Rand) or 10% of BM Foods’ annual turnover, whichever is the highest"