Homemade chickpea hummus bowl with pita chips and paprika. Closeup view, selective focus
The National Consumer Commission (NCC) is taking a hardline stance on food safety violations, officially referring BM Food Manufacturers to the National Consumer Tribunal.
This decisive move follows the discovery of the life-threatening pathogen Listeria monocytogenes in ready-to-eat hummus supplied to Shoprite Checkers.
The crisis erupted in September 2024 when Shoprite Checkers launched an urgent recall of its Deli Hummus range.
The NCC is now pursuing a financial penalty to deter future negligence. It has asked the Tribunal to impose a fine of R1 million or 10% of the company’s annual turnover, “whichever is the highest”, it said on Tuesday in a statement.
Listeria contamination
The NCC said that lab results confirmed the presence of listeria. The pathogen poses serious health risks to vulnerable groups, including pregnant women and the elderly.
Their subsequent investigation revealed a blatant disregard for safety protocols, said the commission’s spokesperson, Phetho Ntaba.
By distributing contaminated dip, BM Food breached the Consumer Protection Act (CPA), Ntaba continued. Specifically, failing to provide goods that are reasonably suitable for their intended purpose.
Ntaba reiterated that consumers have an inalienable right to receive products that are of good quality and free of any defects.
Symptoms
Listeria contamination (listeriosis) symptoms include fever, muscle aches, headache, stiff neck, confusion, loss of balance and convulsions, often preceded by diarrhea or vomiting.
Eating contaminated food with high numbers of the bacteria is the main route of infection. Infection can also be transmitted between humans, notably from pregnant women to unborn babies.
The World Health Organisation (WHO) reports that pregnant women are about 20 times more likely to contract listeriosis than other healthy adults. It can result in miscarriage or stillbirth. Individuals with weakened immune systems are also more likely to get ill than those with a normally functioning immune system.
‘Systematic failure in hygiene management’
The evidence suggested a systemic failure in hygiene management.
It said that regulations mandate that the person in charge ensures routine assessments occur.
Acting commissioner Hardin Ratshisusu issued a stern reminder to the industry.
“Suppliers of foodstuffs have an obligatory duty under the CPA… it is therefore important that where there are findings of the violation… implicated suppliers are held accountable before the Tribunal.”
The NCC said that it will not tolerate suppliers who compromise public health.
