Sub-Decree No. 47 on Food Hygiene for Humans

Royal Government of Cambodia No.47 $$e~U5fi Kingdom of Cambodia Nation Religion King Sub-decree on Food Hygiene for Human The Royal Government of Cambodia, IkwfficialTranslation seeing the constitution ofthe Kingdom of Cambodia seeing the royal decree No.l!M/l1'in/1l98/72dated November 30th, 1998, on the appointment of the Royal Government of the kingdom of Cambodia seeing the royal code No.QUaM! 94 dated July 20th, 1994, which promulgated the law on the organization and functioning of the Council of Ministers. seeing the royal code No. SM,lfHJl0600/001 dated June 21st. ,2000, whieh promulga ted the law on the Management of Quality and Safety of goods products and services seeing the sub-decree No. 05 HBUWfi dated February 3rd. , 1998, on the establishment of the inter-ministerial committee to coordinate the control of the Quality and Safety of goods products and services seeing the sub-decree No.28 Hf:lU1.U1i dated March 9th. , 2001, on the amendment of and the supplement to the sub-decree No. 05 HBUi.t1fidated February 3rd. 1998, on the establishment of the National Codex Committee with the approval of the Council of Ministers during the plenary session held on May 16th. , 2003, hereby decides Chapter I General Definitions Article 1~ This sub-decree defines a general rule about hygiene of products which are intended to serve as food for human, including what is related to production firms or the employees who work there, the manner ofhandling, micro-biological specifications and the production hygiene. Article 2~ This sub-decree governs the implementation in all stages, starting from the beginning of the producuon, namely the harvest, fishing, slaughtering, milk gathering, both during the preparations for products to be finished, processed, packaged, stored, transported, distributed, handled, displayed for sale or during the sale of raw materials and delivery to the consumer. Unofficial Translation This measure is intended to accomplish the implementation in a manner to prevent it being infected, going bad or spoilt or the spread ofall types of micro-organism. Article 3 The definitions of technical terms used in this sub-decree shall be explained as follows: "Food" means an the substances whether they are fully or half or not yet processed which are intended to be used as food for people, including drinks, chewing gum and all the substances which are used in the production, in the preparations for production and processing of "food" except cosmetics, tobacco or substances used as medicine. "washing and cleaning" means the removal of stains, food remnants, filth, fat or other unwanted substances. "Contamination" means the presence ofall sorts of unwanted substances in the products. "Sterilization" means the reduction of the number of micro-organisms by not spoiling the products through chemical and/or physical methods fraught with hygiene to free the products from hi\ZardQus contami.nati.on. "wrappers" means the materials used to wrap or package such as bottles or boxes made of stiff paper, cases, cabinets with shelves and bags or materials for wrapping things such as leaves, metal, paper, paper smeared with paraffin oil and cloth. "Handling" means mixing, touching, preparing or various activities which may affect food. ChapterTI General Definitions of places, buildings and annexes Article 4 Places or buildings and annexes shall be located in an area which is favorable for the activities of the places, buildings and annexes. The buildings and annexes shall be clean and be properly maintained for the operations of the activities there in order to avoid materials being put on top of one another or employees pushing past each other. Rooms of the buildings and annexes shall be constructed to protect the light and the heat of the sun and the filth coming from outside, namely the filth caused by the changes of weather, leakage, the infiltration and the spread of insects, rodents and other kinds of animals. Cattle shall be banned from entering this place. Rooms of buildings and annexes shall be separated from the lockers, bathrooms or toilets. Article S If necessary, there should be operations conducted to get rid of insects, rats and rodents coming from the buildings and the annexes in order to prevent food being contaminated. The sterilization of bacteria in the rooms of those buildings, especially the spraying of insecticide can only be done after all types of activities of production, processing or packaging are finished and on condition that food products in that place shall be effectively protected. The cleaning of the building rooms which cause clouds of dirt shall be prohibited. Article 6 Places reserved for receiving and storing raw materials shall be separated from places where finished products are prepared and packaged as often as possible in order to prevent those finished products from all sorts of contamination. Places and sections used for storing, producing or preparing eatable products shall be separated from places and sections used for 2 Unofficial Translation storing, producing or preparing uneatable products. If possible, places for keeping food productsshan be separated fromthe building roomsused for peopleto live in. The handling of products to be mixed while they are hot shall not be carried out near the products which are being cooled or near the needed raw materials except when those raw materials are being used. Article 7 All the building rooms and annexes shall be sufficiently light and airy. In the places where any materials or equipment can cause strong heat or smoke; vapor or bad air, an air-removing system shall be technically installed so that the emission of that bad air can not become a source of contaminating or spoiling food products. The fresh air-changing system whether it is natural or mechanical shall be installed to prevent water being fanned or fungi growing on the surface of the ceilings of those building rooms which may drop onto the food products. Those fresh air-changing systems shall be installed directly next to the filters and other related equipment which may need washing or replacement. Article 8 Various productions places and finns shall be required to have lockers and enough hygienic locations for employees, lavatory for washing themselves, bathrooms and water-flushed toilets which are sufficiently light and airy and which should be regularly maintained in a good sanitary manner and which are not located next to the rooms for keeping food products. The lavatory shall he located at the entrance to the toilet and near the working places where it can be clearly and easily seen. The lavatory shall be equipped with hnth hot anrl cold water as well as a hygienic hand dryer. Papers on which rules requiring employees to wash their hands when they leave the toilet were written shall be posted on the toilet's door. Article 9 Stairs, lifting instruments and other subsidiary instruments such as fork-lift, mobile ladder ,etc., shall be stored and maintained in a proper manner which may not contaminate food products. Artide 10 The preservation of products to be used or to be produced in those building rooms which may go spoilt easily shall be carried out in cooler rooms with suitable temperature as provided in the first annex of this sub-decree. Article 11 Substances or products which may contaminate food shall be kept or stored in a separate locked cabinet or room. Such preparations shall be required for products to be kept and cleaned to avoid contaminating food products. Unofficial Translation Chapter III Separate Definitions for the Building Rooms Where Food Products Are Prepared, Treated or Processed Article 12 Floors, walls and connecting walls shall be made of hard and smooth materials without any holes or cracks which are easily washed and disinfected. Walls and connecting walls shall be made of hard and tough materials which resist impact. leakage and which are not fragile and which are easily washed and disinfected and they are at least two meters high. If they connect one board with another, the joint shall be well cemented. As for walls and connecting walls as well as ceilings, they shall be painted and regularly re-painted if the materials do not comply with the above-mentioned features. All angles shall be made curved at least at the connecting points and the floor. Article 13 The artificial ceilings and other hanging equipment such as bulbs, tluorescent lamps and electric appliances shall be installed at places where dirt and drops of water can be prevented from fanning and which shall not become sources of contaminating or allowing other substances to enter food products. Article 14 Windows and other gaps for air to pass through shall be made in a way to avoid dirt or fumes funning. Windows Of air gaps which arc opened to the outside environment shall be equipped with screen to prevent insects entering which can be removed for washing if necessary. All the windows shall be closed when production is being underway because if they are opened food products may be contaminated. Article 15 Doors shall be made from smooth and non-absorbent materials which can be easily washed and disinfected if neces.s.ary Article 16 There shall be preparations for proper equipment to wash and sterilize other instruments and equipment. Containers fur washing things in shall be made from materials which resist oxidation or erosion and which can be easily washed. Clean hot-and-cold drinkable water supply system shall also be installed. Article 17 Containers or equipment for washing food in shall be equipped with both hot and cold water supply system if necessary and there shall be regular washing. Chapter IV General Definitions for Transportation Article 18 All means of transportation such as trailers and/or containers used for keeping food shall be properly operated and well maintained to avoid any possible contamination or spoiling of food products. All means of transportation shall be equipped with necessary equipment for preserving food in good conditions and shall be washed and/or thoroughly sterilized following each use. Those means of conveyances shall not be used to transport live animals or goods which may spoil the quality of food or contaminate the food to be transported. 4 Unofficial Translation Separate rules shall be defined by the inter-ministerial Prakas pursuant to the article 50 of this sub-decree as to what pertains to the transportations at the same time or one after another of certain goods or food products. Article 19 While being loaded or unloaded, food products which have not been well wrapped shall not be put directly on the ground. Great care shall be needed to prevent food to be loaded onto the means of conveyances directly touching the Iloor if it has nul been well wrapped. Chapter V General Definitions for Equipment Article 20 All types of materials which may touch food products as well as washing products and disinfectants shall comply with the guidelines. Article 21 Generally, the installation of materials and equipment which may touch the food products shall be carried out in a way Which can minimize the risks of food contamination. This installation shall be conducted in a way which makes it easy for any washing and sterilization if necessary in accordance with expected purposes. Those materials and equipment shall be installed in a place where its surrounding area can be properly cleaned. Article 22 A surface which directly touches food shall be smooth without holes and cracks, especially a wooden surface. That surface shall resist the activities of food production and repeated washing and sterilization. Wooden tables and chopping boards used for cutting meat on shall be carefully cleaned and sterilized after the completion of each day's work. Article 23 Things used for handling food shall be carefully washed and sterilized every workday and before being used again when they get dirty. After having been washed, those things shall be placed away from all sorts of dirty sources until they are needed for use again. All kinds of machines which are regularly operated for the production shall be washed and sterilized following the completion of each day's work. Article 24 Equipment used for accomplishing food safety by heat besides ordinary cooking shall be equipped with a temperature-recording apparatus and the duration at which the temperature is stabilized. Those records shall be kept by a control agent of the production base in the ordinary lite expectancy of the products processed In that way. Article 25 I .iners of the cool-producing instruments such as cooler rooms and cooler glass cabinets shall be made easy for washing and sterilizing. Those liners shall be made from materials which are not fragile, leaky and resistant to impact and which may not spoil or contaminate food. The cool-producing instruments shan be required to comply with methods which stabilize the temperature uf each type of food products in all points. Those cool-producing instruments shall be equipped with thermometers which can be easily read. The thermometers shall be 5 Unofficial Translation placed in places where they can measure temperature At the high~c;:t point or at th~ height where temperature can be stabilized. Chapter VI Management of Solid and Liquid Wastes and Filthy Water Article 26 All kinds of useless wastes shall frequently be discharged from the working places. Those wastes shall urgently be dumped into garbage cans with movable lids which shall be tightly closed between each use and shall be discharged, washed and disinfected at least once a day. When not used, those garbage cans shall be put in a separate room away from places where food products are mixed or touched. The room for storing wastes and other surfaces for storing wastes shall be permanently cleaned to prevent insects and other bad animals entering and to prevent food products, clean water, equipment as well as the room for preparing food being contaminated. Article 27 Pipes and network for discharging liquid wastes, including sewerage shall be adequate to ensure the discharge of waste liquid when activities become the busiest. All pipes shall be sealed and there shall be siphons and holes for checking. Waste liquid shall be discharged through sewage works and shall comply with the required environmental standard and with the letter of juridical norms of environment and in a way to avoid contaminating clean water supply network. L'bapter 7 Water Supply Article 28 Places or the building rooms shall be equipped with equipment which can ensure the adequate supply of drinkable clean water. That drinkable clean water shall be used as considered necessary to avoid contaminating food products. Article 29 Ice shall be produced from drinkable clean water and shall be used every time considered necessary to avoid contaminating food products. That ice shall be produced, handled, touched or stored in a way to prevent the food products being contaminated. Article 30 Used vapor directly touching food products shall not contain any toxic substances which may he harmful to health or which contaminate food products. Article 31 Water reserved for producing vapor, cool atmosphere, fighting fire or for serving other same purposes which an: nul relevant to food products shall not contaminate dean water supply system. 6 Unofficial Translation Chapter VIII Staff hygiene Article 32 Bodies and clothes of staff members whose functions shall be to mix or touch food shall be thoroughly clean. Those staff members when performing their tasks shall be required to put on clothes, shoes, gloves and hair nets which are separately prepared and especially for this work only. All those regulations shall be under the responsibility of employees. On the other hand, smoking, spitting or dinning in the building rooms in which those staff members mix, handle and touch food products shall be absolutely prohibited. Article 33 Handling and touching food products shall be strictly prohibited for people who art: likely tu infect that food such as people who have skin diseases and other infectious diseases. Those who have the duty to mix, handle and touch food products shall be required to receive regular health check-up and shall be vaccinated as defined by the joint declaration of the minister of public health and the minister in charge of such work pursuant to the article 50 of this sub decree. This Prakas defines only the types of illnesses which those patients may infect food. Chapter IX Definitions of Raw Materials, Ingredients and Food Products Article 34 Raw materials and ingredients for producing food shall be procured under the regulations of the Law on the Management of Quality and Safety of Products and Services, particularly concerning what pertains to other duplicate and bad materials which may harm the people's health. On the other hand, those products shall conform to the microbiological criteria stipulated in the second annex of this sub-decree if those criteria are defined for those raw materials or ingredients. Article 35 Methods of growing and harvesting, instruments and equipment, means of transportation, the building rooms and annexes which are used for production at the first stage shall not be major sources of contaminating raw materials. Article 36 Raw materials, ingredients, finished or half-finished food products shall not in whatever circumstances be allowed to touch the ground or be mixed, handled. touched or stored in a way which may contaminate those food products. Article 37 food products shall be protected from all sorts of contamination by being well wrapped except that those food products have their own natural protections such as peel, scale or skin which needs to be first removed before eating. Sellers shall be required not to permit their customers to handle or touch their food products with bare hands except the kinds of food which have their natural protections or which are properly and hygienically wrapped. Article 38 Wrapping" shall he thoroughly dean free from all types of contamination and shall be in confonnity with the technical standard on materials touching food products. 7 Unofficial Translation Article 39 Food products ready for sale shall be kept or displayed for sale in a way which may avoid going spoilt or avoid all sorts of contamination. Stalls for selling goods, tables for selling meat, fish, vegetables and fruits shall be made from washable materials and shall be kept in clean conditions with regular maintenance and sterilization. Food products shall not be displayed at a place which is lower than 50cm from the ground. Food products without natural protections or which are displayed for sale without any wrapping shall be placed away from the public by a piece of glass, a piece of net or by other means which may prevent any filth. Food products which can not be eaten or used whether they are packaged or not shall be withdrawn from the sale and be destroyed. Article 40 Products stated in the first annex of this sub-decree shall be stored, transported, displayed for sale or sold in a state ofproper temperature as provided in that annex. Article 41 Food products mentioned in the second annex of this sub-decree shall conform to the microbiological standard defined in this annex. Chapter X Training and Self-Inspection Artiefe 42 Those who shall be responsible for various industrial establishments which involve mixing, handling and touching food products shall appoint a person with special responsibility to ensure compliance with hygienic rules defined in this sub-decree and shall be required to train workers on food hygiene. Article 43 Those who shall be responsible for various industrial establishments which involve: mixing, preparing and producing food under the microbiological standard shall be required to comply with that standard in the laboratories which have been recognized by the competent authorities. Forms of such inspection shall be defined by a joint declaration of the ministry of commerce, the ministry of public health and the ministries concerned in accordance with the article 50 of this sub-decree. CbapterXI Special Definitions for Markets and Distribution Activities or the Activities of Mobile or Part-Time Restaurants Article 44 Only the definitions of this chapter and the chapter IX on raw materials, ingredients and food products shall be enforced on markets, distribution activities or on the activities of mobile or part-time restaurants. Article 45 Food products shall be effectively protected from heat, sunlight, dirt, changes of weather, insects. rodents and other animals. Food products which may go spoilt easily shall be stored in a proper cool condition by using ice or other means. Things and other kinds of materials 8 Unofficial Translation used for producing food products shall be kept in a clean condition and shall be sterilized if necessary. Article 46 Bodies and clothes of the staff members whose duty is to mix, handle and touch food products shall be hygienically clean. Those staff members shall not have skin diseases and other infectious diseases which may contaminate food. Article 47 At permanent market places, washing instruments shall be readily prepared for people who mix, handle or touch food products to wash their hands in a hygienic manner if there are no permanenthygienic instruments. There shall be a clean water place for washing and cleaning instruments and equipment. Article 4R At permanent market places, there shall be a suitable place orland suitable containers for storing substances and hazardous wastes and lor uneatable products whether solid or liquid before discharging them to the ultimate places as defined by the competent authorities. Chapter XII Penalty Article 49 Irrespective of other administrative punishments defined by the Prakas of the ministry and the institutions concerned, any offender who is found guilty of breaking the regulations of this sub-decree and not offences as defined in the articles 61 to 71 ( Chapter 7 ) of the Law on the Management of Quality and Safety of Goods Products and Services which was promulgated by the royal code No. BM/lnB/oli!oo/OO!il dated June 21st. , 2000, shall be fined from 500 riels to 100,000 riels. Chapter XIII Other definitions Article 50 The joint declaration of the minister of commerce, the minister of public health or other ministers involved following the opinions given by the inter-ministerial committee for coordinating inspection and also the National Codex committee shall be able to: a)- modify or supplement the first and second annexes of this sub-decree. b)- issue all special regulations for implementing every activity related to food products or certain methods needed for processing food products. c)- issue temporary regulations of exception and other definitions of this sub decree as to certain designated geographical or economic areas at the request of the provincial governors. d)- take necessary measures for the implementation which complies with this sub-decree. Article 51 All regulations contrary to this sub-decree shall be considered null and void. 9 Unofficial Translation ArtideSl This sub-decree shall enter into force in nine months except the definitions of the article 40 which shall come into force in three months and the definitions of the article 4l which shall enter into force asof the signing date. Anlde :53~ The minister in charge of the Office of the Council of Ministers, the minister of commerce, the minister ofpublic health, the minister ofagriculture, forestry and fisheries, the minister of industry, mines and energy, the minister of interior, th.e minister of environment, the ministers and the state secretaries of the ministries, institutions and the city and provincial authorities shall be responsible according to their respective competence for carrying out this sub-decree as fromthe signing date. Made in Phnom Penh, June 12,2003 Prime Minister cc: Ministry of the royal palace General Secretariat of the Senate General Secretariat of the National Assembly • Cabinet of Samdech the Prime Minister All central ministries and institutions All municipal and provincial offices the same as the article 53 • Documentation-chronicle Hun Sen 10