Consumer & Debt Rights

Supermarket selling food with toxic pesticide residues

Q: The store manager says the pesticide levels found are within 'South African allowable limits,' even though those limits are higher than international standards.

Subscribe to The Advocate to see the full rebuttal, legal basis, and practise this response out loud.

Q: The retailer removes one affected product from the shelf temporarily but continues selling others in the same range without testing them.

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Lab tests confirm hazardous pesticide residues in everyday staple foods — baby cereal, bread, and vegetables — that exceed safe limits, but the retailer denies responsibility.

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The Situation

What They Said

“Under Section 55 of the Consumer Protection Act, I have the right to safe, good-quality food. Lab tests confirm your products contain pesticide residues above safe limits. You have a duty to ensure the food you stock is safe — this is not only the supplier's problem.”

Independent laboratory tests published in a news report confirm that SA staple foods — including baby cereal and bread sold at major supermarkets — contain glyphosate (a chemical linked to cancer) above internationally accepted safe thresholds. You regularly buy these products for your family, including a young child. When you raise this with the supermarket's customer service manager, they say it is a supplier issue and nothing to do with them.

The Fallacy

The Retailer Is Just the Middleman — Pesticide Safety Is the Supplier's Responsibility

The supermarket is deflecting liability to the food producer. But the Consumer Protection Act places the obligation to supply safe goods on every party in the supply chain — manufacturer, importer, distributor, and retailer. The retailer cannot disclaim responsibility for the safety of food it knowingly placed on its shelves. Every party that supplied or sold the unsafe product shares liability.

What the Law Says

Your Legal Foundation

Consumer Protection Act 68 of 2008

Section 55 — Consumer's right to safe, good quality goods

“Section 55(1) provides that every consumer has the right to receive goods that are reasonably suitable for their intended purpose, are of good quality, are free of any defects, and are safe. Section 61 of the CPA creates product liability for every producer, importer, distributor, and retailer in the supply chain for harm caused by unsafe goods.”

Every link in the supply chain — including the supermarket — is liable for selling food that contains hazardous pesticide residues above safe limits. You can report this to the National Consumer Commission, demand safe alternatives, and claim for any harm caused.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

Section 3 — Prohibition of sale of harmful foodstuffs

“Section 3 prohibits the sale of food that is harmful, injurious, or unfit for human consumption. The Department of Agriculture sets maximum residue limits (MRLs) for pesticides in food — exceeding these limits is a criminal offence.”

If lab tests confirm pesticide residues above the prescribed MRL in food sold at this retailer, the retailer may be in breach of both the Foodstuffs Act and the CPA — regardless of which company in the supply chain applied the pesticide.

What Scripture Says

God's Word on This

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“Speak up for those who cannot speak for themselves, for the rights of all who are destitute. Speak up and judge fairly; defend the rights of the poor and needy.”

Infants and young children eating contaminated baby food cannot speak for themselves. Advocating for safe food is an act of justice — both legally and morally.

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What They'll Say Next

Common Counter-Arguments

After you respond, they may push back with these arguments. Members get the full rebuttal for each.

They might say: “The store manager says the pesticide levels found are within 'South African allowable limits,' even though those limits are higher than international standards.”

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They might say: “The retailer removes one affected product from the shelf temporarily but continues selling others in the same range without testing them.”

🔒 Subscribe to see the full rebuttal and legal counter-argument.

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