A food poisoning complaint must start with accurately defining the food poisoning symptoms. Food poisoning can be defined as an illness caused by consuming food or drink that has been contaminated by one of 3 sources:

  • Biological (bacteria, viruses, toxins)
  • Chemical (exposure to non-food safe chemicals)
  • Physical (Wooden splinters, rusted, metal objects)

The most common and immediate forms of food poisoning are caused by bacteria and food viruses. Food poisoning symptoms can be mild with a running tummy to severe dehydration causing hospitalisations. Exposure to toxins from bacteria in severe cases can cause death.

Symptoms of food poisoning depend on the type of contaminant and the amount eaten. Food poisoning can develop rapidly within 6 hours or slightly worsening over a few days.

What causes food poisoning?

Not all foodborne pathogens cause the same symptoms; some may be similar, and others can be quite different (see below).

Some examples of foodborne bacteria and viruses are:

  • E.coli
  • E.coli 0157:H7
  • Salmonella
  • Staphylococcus aureus
  • Listeria monocytogenes
  • Campylobacter
  • Clostridium botulinum
  • Bacillus cereus
  • Norovirus

How do I know if I have food poisoning?

In some cases, more than one symptom can occur at the same time, for example, norovirus is also known as “stomach flu”, causes both vomiting and diarrhoea at the same time, with some shivering and tiredness. It is important to note though that several other illnesses show the same symptoms as listed above, so it is not to say that you have food poisoning if you show these symptoms.

What is always a good indication, is whether other members of family or friends that ate the same food at the same time as you from the same source are showing similar symptoms.

If you have contracted a foodborne illness, then you should look out for the most common symptoms which are:

  • Vomiting
  • Stomach Cramps
  • Diarrhoea
  • Nausea
  • Fever
  • Headache
  • Muscle Aches
  • Shivering
  • Tiredness / Fatigue

Usually, food poisoning is not serious, and the illness runs its course within 24 to 48 hours.

Who is most at risk of getting food poisoning?

Some bacteria target vulnerable sectors of the population where they cause severe illness and sometimes even death. These vulnerable sectors include the young, the old (people above the age of 65 years), pregnant women or their unborn or newly born babies and the infirmed i.e. those who have other conditions that affect their immune systems – for example, those with HIV/AIDS, the undernourished, people undergoing cancer treatment, people who have undergone an organ transplant.

Types of food poisoning

There is a range of symptoms that can indicate potential food poisoning, however it is also important to discuss stomach flu or commonly known as the 24-hour bug.

Food poisoning and stomach flu

Food poisoning and stomach flu may or may not be the same thing. It is dependant on whether the organism is transmitted by contaminated food, or by non-food mechanisms such as body secretions. Most healthcare professionals equate stomach flu to viral gastroenteritis.

Stomach flu

Stomach flu is a non-specific term that describes an illness that usually resolves within 24-hours. It is caused by the adenovirus, Norwalk virus or rotavirus, (rotavirus is most commonly found in children).

Taking the above factors into consideration, the source of the illness must be established to understand the cause of the concern. It is near impossible to establish the exact cause of food poisoning and even more so when It comes to viral infections. Currently, in South Africa, there is no accredited method available to establish a Norovirus infection in the laboratory, but can be reasoned by non-medical methods. As we will see in the next section of this article.

The bacteria responsible for food poisoning and their common symptoms:

E. coli bacteria are the most common cause of traveller’s diarrhoea. Most species of E.coli cause very mild symptoms of runny bloody diarrhoea. And may go unnoticed by the person infected. E.coli infections often lack symptoms such as fever or bloody diarrhoea.

E.coli:0157:H7 strains cause much more severe symptoms, which include severe diarrhoea (often bloody) and abdominal cramps. Immediate medical care would be needed in such cases.

Salmonella infections cause diarrhoea, fever, and stomach cramps. Symptoms usually begin six hours to six days after infection and last four to seven days. However, some people do not develop symptoms for several weeks after infection.

Staphylococcus aureus food poisoning is characterised by a sudden start of nausea, vomiting, and stomach cramps. Symptoms are more immediate because of the toxin that is bacteria produces. Most people also have diarrhoea. Symptoms usually develop within 30 minutes to 8 hours after eating or drinking an item and last no longer than 1 day. Severe illness is rare.

Listeria monocytogenes bacteria cause listeriosis which usually has a fever, muscle aches and gastrointestinal symptoms such as nausea or diarrhoea. If the infection spreads to the nervous system, symptoms such as headache, stiff neck, loss of balance, confusion or convulsions can occur. With brain involvement, Listeriosis may also mimic a stroke. The Listeria monocytogenes bacterium is known as an opportunistic pathogen, meaning those that are already ill or have a low immune system are most likely to suffer from an infection. Those that suffer from invasive listeriosis usually report symptoms starting 1 to 4 weeks after eating food contaminated with Listeria and can even only start as late as 70 days after exposure or as early as the same day of exposure.

Campylobacter infection usually has diarrhoea (often bloody), fever, and stomach cramps. Nausea and vomiting may accompany the diarrhoea.

Botulism is caused by Clostridium botulinum toxin and may present with fever, vomiting, mild diarrhoea, numbness, and weakness leading to paralysis. Botulism manifests as abdominal cramping, double or blurred vision, difficulty breathing, muscle weakness, and other serious symptoms.

There are two types of foodborne illnesses caused by Bacillus cereus. The first type causes watery diarrhoea, abdominal cramps, and pain. The symptoms can begin 6 to 15 hours after eating contaminated food. The second type of illness is called the emetic form. This type is characterised by nausea and vomiting that begins ½ hour to 6 hours after eating the contaminated food. Both types of foodborne illnesses last about 24 hours, and most people recover without medical treatment.

Viruses such as Norwalk, rotavirus and adenovirus tend to have other symptoms associated with the infection including fever, chills, headache, and vomiting.

Diagnosis of a stomach virus

There is no single testing method for a stomach virus. A doctor will likely go by a patient’s symptoms when making a diagnosis.

A rapid stool test can be used to detect the rotavirus or norovirus, but there are no quick tests for other viruses. The stool sample can also be used to rule out a possible bacterial or parasitic infection.

Norovirus infections are strongly characterised by other individuals that may have fallen ill. This virus is highly contagious and can spread quickly within a group of close contact individuals. It can be spread via contaminated foods or by infected individuals. There is no clear indication between Noroviruses, Norwalk or rotavirus which are non-food related.

Which law helps me lay a food poisoning complaint?

The Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972, R638 Regulations governing general hygiene requirements for food premises, the transport of food and related matters. which resides with the National Department of Health, states that any person shall be guilty of an offence if he sells, manufactures or imports for sale, any foodstuff which is contaminated, impure or decayed, or is, in terms of any regulation deemed to be harmful or injurious to human health. Under the terms of the Act, any applicable regulations have been promulgated that address specific issues to ensure that food is safe for human consumption. Under common law, a supplier can be held civilly liable in court for damages arising from food poisoning.

Steps to follow in reporting a suspected food poisoning complaint:

Seek medical attention should the symptom progress to bloody diarrhoea and ensure hydration is maintained.

Report the matter up with the outlet that you believe supplied you with the tainted food. The outlet will keep samples of each meal served for a minimum of 3 days. The samples will be sent to the Food Consulting Services laboratory for a pathogen screening of the bacteria mentioned in this article. This testing will determine if any of the foods served by the outlet contained any bacteria able to cause food poisoning. The results will be shared with the relevant parties.

An Alleged food poisoning complaint questionnaire (250kb PDF), provided by the outlet, should be completed by the complainant and sent to the outlet. An investigation should be undertaken by the outlet.

Based on the tests performed and information provided on the questionnaire, a further forensic microbiological investigation can be performed by Food Consulting Services, to determine the root cause of the potential food poisoning incident.

Medical advice and medical evidence of the complainant’s misfortune must be undertaken. A specimen of faeces or vomitus should be sent away for testing to a medical laboratory – speak to your doctor or local hospital about this as they will know what kind of test(s) to ask for based on the symptoms you are showing.

Other steps to follow for a food poisoning complaint:
If the claim is not met by the outlet, contact its central complaints department, if it has one or, if not, report the matter to the National Consumer Commission ((012) 940 4500) Consumer Protection Act, you can claim against suppliers and manufacturers of goods (including food) for damages or injuries suffered by them as a result of using or consuming the goods, irrespective of whether or not there was any negligence on the part of the supplier or manufacturer.

Call the Environmental Health Officer of the local municipality immediately if you think that you were infected by eating food you purchased. They will then be able to investigate and take action against the outlet in question. Having an Environmental Health Officer’s report will also greatly assist you in any compensation claim you make and help finalise the food poisoning complaint.

The quicker they are aware of your problems, the sooner they will be able to begin their investigation. It is not unusual for food poisoning cases to come in ‘clusters’ or outbreaks affecting a group of people. The quicker the Environmental Health Officer can get in touch with fellow victims and have the supporting evidence the better your case is to prove.