No. 01 Of2007. Food Sanitation Regulation 2007. 1
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( STATUTORY INSTRUl\1ENT. No. 01 of2007. Food Sanitation Regulation 2007. ARRANGEMENT OF SECTIONS. PART 1. - PRELIMINARY. 1. Interpretation - "component" ( I ~. "Council" "food inspection laboratory" "ingredient" "Local Medical Authority" "prepared" "stall" "very short life" "short life" "longer life" PART IT. - FOOD INSPECTORS AND ANALYSTS. 2. Qualifications for Food Inspectors. 3. Qualifications for Food Analysts PART 111. - FOOD AND FOOD ADDITIVES. 4. Standards for food and food additives. 5. Irradiated food and food additives. 6. Meat from disease suffering animal. PART IV. - APPARATUS, PACKAGE AND LABELLING. 7. Cleanliness and sanitation of package and apparatus. 8. Package or apparatus recycling. 9. Foreign objects in food or packages. 10. Package structure and composition. 11. Labelling. 12. Particulars or labelling. 13. Prohibited labelling. • ( 14. Form and manner or labelling. 15. Date Marking. PART V. _ INSPECTION AND ANALYSIS .. 16. Laboratories for food inspection. 17. Powers and duties of Inspectors. 18. Seizure, condemnation and sampling of articles. 19. Tender of payment for samples. 20. Collecting samples. 21. Labelling samples. 22. Submitting samples for analysis. 23. Analysis of samples. 24. Certificate of analysis. PART VI. - CLEANLINESS AND SANITATION. ( 25. No liability against the state, etc. 26. Cleanliness and sanitation of premises, etc., 27. Cleanliness and sanitation of utensils and appliances. 28. Food Hygiene.. 29. Imported food, food additive, package and apparatus. 30. Food-borne diseases. PART VII. - INSTALLATION OF PREMISES. 31. Construction of premises for food, etc., 32. Premises where eating and drinking utensils are used by customers. 33. Construction of designated premises and markets. PART VIII. - REFRIGERATED OR FROZEN FOODS. 34. Transport and delivery of refrigerated or frozen foods. PART IX. -LICENCES. 35. Prescribed business. 36. Application for licence. 37. Form oflicence. 38. Licence fees. PART X. - MISCELLANEOUS. 39. Meat, poultry and fish not for human consumption. 40. Butcher's shops. 41. Alcoholic beverages. 42. Storage of perishable foods. 43. Ice. 44. Open packages. \. -ii- • PART XI. - OFFENCES AND PE, ,ALTIES. 45. General penalty. SCHEDULE S. Schedule 1 - Maximum Microbial Loads Permitted Schedule 2 - Permitted Food Additives Schedule 3 - Prescribed Animal Diseases Schedule 4 - Test for Packages and Apparatus Schedule 5 - Standards Acceptable for Statements of Ingredients and Component of Imported Food Schedule 6 - Audit Frequency Schedule 7 - Priority Classification Systems for Food Businesses Schedule 8 - Implementation Schedule Schedule 9 - Alcoholic Drinks Schedule 10 - Forms - iii- STATUTORY INSTRUMENT. No. of2007. Food Sanitation Regulation 2007. Being a Regulation, MADE by the Head of the State, acting with, and in accordance with the advice of the National Executive Council under the Food Sanitation Act 1991. PART I. - PRELIMINARY. 1. INTERPRETATION. In this Regulation, unless the contrary intention appears - "component" means any substance which forms a part of a substance; "Council" means the Food Sanitation Council established under Section 3 of the Act; "food ins;pection laboratory" means a laboratory for food inspection appointed under Section 16 of the Act; "ingredient" means any substance, including a food additive, used in the manufacture or preparation of a food and present in the final product; "Local Medical Authority" means a Local Medical Authority appointed by or under Section 4 of the Public Health Act (Chapter 226), and includes an Assistant Local Medical Authority appointed under Section 7 ofthat Act; "prepared" means prepared in advance and ready for retail sale; "stall" means any small, open fronted shop or table or any area or space occupied in or outside a market that is used for the storage, handling, display for sale or sale of food, a food additive, apparatus or package used with food or a food additive; "very short life" means food with a minimum durable life ofless then 7 days; "short life" means food with a minimum durable life of7 days or longer but less than 90 days; "longer life" means food with a minimum durable life of 90 days or longer but less than 2 years. Food Sanitation Regulation PART 11. - FOOD INSPECTORS AND ANALYSTS. 2. QUALIFICATIONS FOR FOOD INSPECTORS. For the purpose of Section 8(1)(a) of the Act, the required qualifications for a food inspector are : - . (a) a diploma of the Royal Society of Health for the Public Health Inspectors and has been engaged in the duties and responsibilities of a food inspector for at least two years or more; or (b) a diploma of the Royal Society of Health for the Public Health Inspectors and has satisfactorily completed a programme of study, approved by the Minister, specializing in food science or food surveillance; or (c) or a diploma or degree in environmental health, or its equivalent, from a tertiary education institution approved by the Minister. 3. QUALIFICATION OF FOOD ANALYST. (I) Subject to Subsection (2), a person appointed as a food analyst under Section 8 of the Act may be appointed as an analyst to conduct microbiological analysis or chemical and physical analysis or both. (2) For the purposes of Section 8(l)(b) of the Act, the required qualifications for a food analyst are : (a) a diploma, degree or post graduate diploma or higher qualification in science or applied science from a tertiary institution approved by the Minister; or (b) a general tertiary qualification and practical experience that together may be deemed by the Minister to be equivalent to the qualifications undervParagraph (a); and (i) in the case of a food analyst, to conduct microbiological analysis, specializing in microbiology; or ( ii ) in the case of a food analyst, to conduct chemical and physical analysis, specializing in chemistry or food technology; or (iii) in the case of an appointment to both positions in Paragraphs (i) and (ii), the appointee shall have received appropriate training in analytical chemistry and microbiology. PART Ill. - FOOD AND FOOD ADDITIVES. 4. STANDARDS FOR FOOD AND FOOD ADDITIVES. (1) For the purposes of Section 9(b) of the Act, the Minister, in consultation with the National Institute of Standards and Industrial Technology and the Food Sanitation Council, may, by notice in the National Gazette, fix standards for chemical contaminants, chemical residues and microorganisms and their toxins in food and food additives. -2- --- 01 Food Sanitation Regulation (2) Where no standard is fixed under Subsection (1), the following standards shall apply- (a) a person shall not manufacture, sell, import, process, use, prepare, store or display for sale- (i) any food or food additive which contains viable microorganisms in numbers greater than those specified in Schedule 1; or (ii) any detectable antibiotic residues except antibiotic nisin commonly used in the preservation of cheese and canned foods which have been sufficiently heat-processed to destroy spores of Clostridium botulinum; (iii) any food additive including any colouring, flavoring, preservative, antioxidant, artificial sweetener, vitamin, mineral, modifying agent or other substance to food and food additives, unless otherwise specified in standards fixed under this section. (3) Where no standard is fixed for a particular food or food additive, a food additive may be permitted to be added to an article where the food additive is prescribed for that article in Schedule 2. (4) A person who manufactures, sells, imports, processes, uses, prepares, stores or displays for sale any food or food additive containing any food additive which does not comply with standards fixed under the Act or in contravention of this Regulation is guilty of an offence. Penalty: A Fine not exceeding KSO,OOO.OO or imprisonment or both. (S) A person who manufactures, sells, imports, processes, uses, prepares, stores or displays for sale any food or food additive which does not comply with standards for chemical contaminants, chemical residues and microorganisms and their toxins fixed under the Act or in contravention of this Regulation is guilty of an offence. Penalty: A fine not exceeding KI0,000.00 or imprisonment or both 5. IRRADIATED FOOD AND FOOD ADDITIVES. (1) For the purposes of this section, "ionizing radiation" means radiation of a wavelength not greater than 100 nanometers capable of producing ions directly or indirectly in passage through matter. (2) A person shall not manufacture, sell, import, process, use, prepare, store or display for sale any food or food additive- (a) that has been intentionally exposed to ionizing radiation without the prior written approval of the Minister to irradiate the food or food additive; or (b) that has been accidentally exposed to ionizing radiation. 6. MEAT FROM DISEASE SUFFERING ANIMALS. For the purposes of Section 12 of the Act, the prescribed animal diseases are as specified in Schedule 3. -3- ') Food Sanitation Regulatio,! PART IV. APPARATUS, PACKAGE AND LABELLING. 7. CLEANLINESS AND SANITATION OF PACKAGE AND APPARATUS. For the purposes of Section 15(a) of the Act, and in addition to any standard fixed under Section 14 of the Act, the packaging or apparatus in which food or a food additive for sale is to be or is packed or enclosed shall- (a) be clean and free from any foreign matter; and (b) not be chipped, dented, broken, ripped or cracked; and (e) be maintained in a manner that protects it from contamination by dust, vennin or other likely sources of contamination. 8. PACKAGE OR APPARATUS RECYCLING. (1) A package or apparatus that is intended for use or used in the preparation, packing, storage, delivery or exposure of food or a food additive shall not be a package or apparatus that has been used for any other purpose. (2) The package or apparatus in which food or a food additive is packed or enclosed shall not include any second-hand seal, wad, cork or cork ring. (3) For the purposes of Subsections (1) and (2), it is sufficient proof of recycling of a package, apparatus or sealing material used in such package or apparatus if the package, apparatus or sealing material bears any mark or label belonging to another food or food additive.