Food Act, 2014 (No. 8 of 2014)

[28th April 2014] Supplement to Official Gazette FOOD ACT, 2014 (Act 8 0/2014) ARRANGEMENT OF SECTIONS Sections 1. 2. 3. PART I - PRELIMINARY Short title and commencement .. . Interpretation Actto bind Republic PART II - ADMINISTRATION 4. Functions and powers of Public Health Commissioner 5. Functions and powers of Competent Authority 6. Crisis management PART III - FOOD AND FEED SAFETY 7. Product recall 8. Sale of food which is injurious. to health 181 9. Importation production or sale of poisonous or unwholesome food or food otherwise injurious to health 10. Deception 11. Protection for food purchase 12. Handling offood under insanitary conditions 13. Registration of food business operators 14. Traceability 15. Food Handlers Training 16. Feedsafety 17. Relabelling or reconditioning PART IV - IMPORTATION 18. Importation III 182 Supplement to Official Gazette [28th April 2014] PARTV-ENFORCEMENT 19. Appointment of authorised officers 20. Powers of authorised officers 21. To produce credential 22. Destruction of seized articles 23. Application to court for destruction of seized 24. Entry under warrant 25. Official laboratory and official analyst 26. Samples for analyses 27. Certificate of analysis or examination 28. Improvement notice 29. Prohibition notice 30. Emergency closing order 31. Evidence ' 32. Obstruction, false information 33. Obstruction and assault on authorised officer 34. Interfering with seized article 35. Dereliction of duty by authorised officer 36. Fraudulent use of official document PART VI - MISCELLANEOUS 37. Appeal 38. Regulations 39. Limitations ofliability 40. Repeals and savings 41. Relationship with other Acts SCHEDULE i' " ... [28th April 2014] Supplement to Official Gazette FOOD ACT, 2014 (Act 8 of 2014) I assent J. A. Michel President 25th April, 2014 AN ACT to make provisions so as to ,ensure food safety, to establish a regulatory system to protect consumer health, to facilitate international trade and cooperation relating to food and to repeal the Food Act and for matters connected therewith or incidental thereto. ENACTED by the President and the National Assembly. PART I - PRELIMINARY 1. This Act may be cited as the Food Act, 20,14 and shall come into operation on such date as the Minister may, by notice published in the Gazette; appoint. 183 Short title and commencement I .J.~ . • 184 Interpretation I, 'I' it" 'Jll;.JlJ,Jf' Supplement to Official Gazette [28thApri12014] 2. In this Act-' "additives" means a substance not normally consumed as a food by itself and not normally used as a typical ingredient of the food, whether- or not it has nutritive value, the intentional addition of which to food for a technological (including organoleptic) purpose in the manufacture, processing, preparation, treatment,packing, packaging, transport or holding of such food results, or may be re~sonably expected to result (directly or indirectly), in it or its by-products becoming a component of or otherwise affecting the characteristics of such foods but does not include contaminants or substances added, to food for maintaining or improving nutritional qualities; "adulteration" means an act during the production offood which (a) bears and contains any poisonous or deleterious substance that may render it injurious to the health ofthe public; (b) bears and contains any added poisonous ,substance in amolint exceeding established maximum limits or standards, for Good Manufacturing Practice; I' (c) contains in whole or in part filthy, putrid or decompose substanc~ that is unfit for human consumption; ,f .' (d) has been prepared, packed or held lmder 'PJ1¥.P)jtary pon,ditions; . (eJ\ do'wh@leorlinpart, is the produ¢tofa diseased '. artimahotbafumlimal which has[d~d!,through wayslil.ther.than slaughter; 'It! 't(:. " ,: " ! '" I " I i , , . [28th April 2014] Supplement to Official Gazette .(t) is in a container having in whole or in part any poisonous or deleterious substance; (g) (h) (i) has been intentionally subjected to radiation unless the use of radiation is in conformity with regulation under this Act; becomes injurious to health because of the omission or abstraction of available constituent or if any substance has been substituted wholly or in part or if damaged or made inferior which has been concealed in any manner or ,if any substance has been added thereto or mixed or packed therewith as to increase its bulk or weight or reduce its strength to make it appear better or greater than it is; has not been prepared in accordance with the current acceptable manufacturing practice as ' promulgated by way of regulation; and used expired ingredients; "advertisement" means any notice, circular, label, wrapper,public' announcement, display and representation, by whatever means, for the purpose of promoting directly or indirectly the sale offood , andfeed; "analysis" means the determination or quantification of (a) (b) one, several or all chemical, constitqentsand , substances or the nutritional composition of the sample; , microbiological presence and by products such as microbial toxins; or 185 , I 186 Supplem,ent to Official Gazette [28th April 2014] (c) physical contaI?inants such as glass, insects and metal; and mcludes biotechnological and sensory analysis, . and includes biotechnological and sensory analysis; "~ni~al" m~ans any ma~al (other than a human), bIrd (mcludmg poultry), msect, amphibian, reptile, fis?, moll~sc, cmstacean, or other member of the ~mmal kmgdom, whether alive or dead, and mc~udes the egg, and any organic animal tissue from . :vh1Ch another animal could be produced; and which IS normally used for human consumption or to produce animal feed; . "App~als Board" means th.e Appeals Board estabhshed under section 23(1) of the Public Health Authority Act, 2013 (Act 7 of2013); '~'article" means a single unit of any goods and mcludes (a) any food or any lapelling or advertising material in.respect thereof; or (b) item used for the preservation, preparation, manufacturing, packaging, storing, transporting andsale of any food; . :'audit" means a. sy~tematic and functionally mdependent exammatlOn to determine whether ac~ivit~es and related results comply with planned obJectIves; "authorised analyst" mea~s an analyst authorised under section 4(4); , "authorised officer" means an officer authorised under section 4(1); , , ~ , 1 [28th April 2014] Supplement to Official Gazette "bottled water" means water processed and packed ,'in plastic or glass bottles or pouches, stored, transported and sold in compliance with the requirements of this Act and conform to the microbiological and chemical requirements of this Act and includes sparkling bottled water, spring bottled water, mineral water, flav01,rred water, nutrient-added water beverages, water with added carbonation and purified water such as reverse osmosis water but does not include water abstracted for domestic use or oth~rpurposes; "contaminant" means a substance not intentionally added to food or feed but which is present in such food or feed as a result of the production, including operations carried out in crop in.dustry, animal, husbandry and veterinary medicine, post harvest handling, manufacturing, processing, preparation, treatment, packi~g, transporting or storage or as a result of environmental contamination; "contamination:' means tfie introduction of or occurrence of a contaminant in food or feed; "Competent Authority" means the authority " referred to in section 5(1); "competent authorities" means authorities of countries of import or export; "drink" means a beverage product, normally packed in bottles, carton packs or pouches intended for human consumption and includes bottled water, aerated or otherwise, alcoholic and non-alcoholic beverages,juices and energy drinks; "export" means the customs procedure applicable to goods which, b~ing in free circulation, leave the Customs territory and are intended to remain permanently outside it; 187 188 I I Supplement to Official Gazette [28th April 2014] "feed" means any substance or product including additives, whether processed, partially processed or lmprocessed, intended to be l~sed for oral feeding of animals; . "feed business" means any lmdertakings, whether public or private, that carries out any ofthe activities related to, or any of the stages of the feed supply chain; "feed establishments" means any place or any premises or part thereof used for the sale, preparation, manufacturing for sale, storage or , packing for sale of feed, whether cooked or not, for animals intended for human consumption; "feed business operators" means a person who is engaged in feed business including one's agent; "food" means any substance, whether processed, semi-processed or raw, which is prepared, sold, represented or intended for human consumption, and includes drinks, bottled and packaged water, chewing gum, other products of similar nature or use and any article, substance or ingredients used in the composition, manufacture, preparation or treatment of food but does not include -' . (a) cosmetics; (b) tobacco; (c) plants prior to harvesting; (d) live animals, birds or live fish which are not used for human consumption while they are alive, (excluding shellfish), unless they are prepared for placing on the market for human consumption; , ' l " \ [28th April 2014] Supplement to Official Gazette (e) fodder or feed for animals, birds or fish; (f) drugs or medicinal products; (g) hormonal products or veterinary products for use in livestock feed; and (h) re~idues and contaminants; "food business" means any undertakings, whether public or private, that carries out any of the activities elated to or any of the stages of the food supply chain; "food business operator" 'means' a person engaged in food business including one's agent and includes manufacturers, processors, packers, exporters, importers, distributors, retailers of food, catering establishments, cottage food operators, moveable establlshments and open air and mobile vending of food; "food establishment" means any place' or any premises or part thereofused for ( a) the slaughter of animals; (b) sale; ( c) preparation; (d) manufacturing for sal~; ( e) storage or packing for sale of food, whether cooked or not, intended for human consumption; "food irradiation" means the processing of food , products by ionizing radiation, specifically gamma 189 190 Supplement to Official Gazette [28th April 2014] rays, X-rays or accelerated electrons, in order to, control foodbome pathogens, reduce microbial load and insect infestation, inhibit the germination of root crops, and extend the durable life ofperishable produce; "food handler" means any person who directly handles packaged or unpackaged food, food equipment and utensils, or food contact surfaces; "food handlers training' means educating a food handler in food hygiene to a level appropriate to the operation he is to p'erform; "food hygiene' means the measures and conditions necessary to ensure the safety and suitability offood at all stagefi ofthe food chain; "food safety" means the assurance that food will not cause harm to the consumer when it is prepared or eaten according to its intended use; . "good hygienic practices" means all practices regarding the conditions and measures necessary to ensure the safety and suitability offood at all stages ofthe food chain; . "good manufacturing practices" means a quality assurance system aimed at ensuring that products are consistently manufactured, packed, repacked or held to quality standards . appropriate for the intended use; . "hazard" means a biological, chemical or physical agent in food with a potential to cause adverse effects on health; "hazard analysis critical control point" means a science-based system, which identifies, evaluates , I I' I t: I t.' .r I .' 1\ [28th Apri12014] Supplement to Official Gazette and controls hazards, which are significant for food 'safety at critical points during a given stage in the food supply chain; "import" means to bring or cause goods to be brought into Seychelles; / . "inspection" means the examination of food or systems for control of food, raw materials, ; . processing, packaging materials, distribution and transportation including in-process and finished product testing, to ensure c.ompliance with this Act and Regulations made thereunder; "label" includes any tag, brand, mark, pictorial or other descriptive matter written, printed, stencilled, marked, embossed or impressed on or attached to or included in, belonging to or accompanying any food; . "meat" means the flesh of animals and includes fat, offal and uncooked meat products; "minister" means the Minister responsible for health; "moveable establishmSJnts" includes charter boats, aircrafts, and mobile vans; "official laboratory" means any laboratory designated by the Public Health Commissioner under section 4(3) to be an official laboratory for the pm-pose ofthis Act; "official control" means all types of controls and control activities made by the Competent Authority to verify compliance with standards, operating procedures, practices and other regulatory 191 192 Supplementto Official Gazette [28th April 2014] " requirements. It includes routine monitoring offood business operators and food establishments and more intensive checks involving inspections, verifications; audits, sampling and testing of samples and recall of defective products; . \ "precautionary principle" means the principle that it is not unreasonable to refuse permission for an activity that has great potential negative impact, even if there is insufficient scientific data and on the basis of ayailable pertinent information to support a refusal within a reasonable amount of time; . I '. "premise~" includes any building, tent or any ~ther structure permanent or otherwise connected tp the land· and! on which the same is situated,!' any . adjoinin~ land used in connection therewith a~d any ,vehicle, ci:onveyance, vessel, ship, aircraft, flciating i craft, sttbet, place open space or place of public iresort, h/i'cycle, tricycle, any vehicle, motori~ed or not, use~ii for or in connection with the prep~ration, preservation,packaging, &torage, conveyanqe, used for distfibution or sale of any food; ;" , ' "Public Health Authority" means the ~uthority established under section 3 of the Pub he Health Aut~prity Act,2013 (Act 7 of2013); '/ "Public Health Commissioner" means re officer app¢inted under section 7(1) Of, the Pu lic Health AutporityAct, 2013 (Act 7 of2013); i "re~onditioning" means the 'rewofking and segregation, or other manipulation, whfch brings a product into compliance with this Act~ whether or not for its·original intended use; i "relabeling" means the replacement ~fa label by ! ' l. L [28th April 2014] Supplement to Official Gazette 3. Qne which complies with the requirements under this Act and regulations made theretmder; "risk" means the likelihood of an adverse health effect and the severity of this effect' following exposure to the hazard; "risk assessment" means the scientific evaluation of known or potential adverse health effects resulting from human exposure to biological" chemical and physical hazards. "sell" means transmit,' conveyor deliver in pursuance of a sale, exchange, raffle or other disposal; "serious risk" means a risk to the food consumers and animals that cannot be controlled by normal existing mechanism by requires the activation of the crisis managemeht plan as such emergencies ari$es; "slaughterhouse" means a place for slaughtering animals or poultry, the flesh of which is intended for sale for human consumption and includes a place used in connection therewith for the confinement of animals or poultry while awaiting slaughter or for keeping, or subjecting to any treatment or process, products of the slaughtering of animals or poultry, authorised under section 5 (3 )(g); ''traceability'' means the ability to trace and follow a food product, food ingredient or other substance intended, or expected to be incorporated into a food product, through all stages of production, processing and distribution. This Act binds the Republic. 193 $ Act to bind Republic 194 Functions and powers of Public Health Commissioner Flllctions and Powers of Competent Authority Supplement to Official Gazette [28th April 2014] PART II - ADMINISTRATION . 4.(1) The Public Health Commissioner may, or she in writing, appoint any public officer or any other person as he or she may deem fit, as an authorised officer for the purpose of this Act and shall cause th~ appointment to be published in the Gazette. (4) The Public Health Commissioner may, in writing, appoint any laboratory as an official laboratory for analytical works for the purpose of this Act and shall cause the appointment to be published in the Gazette. (3) The Public Health Commissioner may, designate any laboratory for analytical works not able to be conducted by any officiallabdratory appointed under subsection (2) for the purpose ofthisAct. . ~4) The Public Health Commissioner may, in writing, appomt any person with the prescribed qualifications and experience to be an authorised analyst for.the purpose of this Act and shall cause the appointment to be published in the Gazette. 5. (1) The Public Health Anthority'established under section 3 of the Public Health Authority Act, 2013 (Act Tof 2013) shall be the Competent Authority for the purposes of this Act. . (2) The Competent Authority shall be responsible for . the implementation and enforcement ofthisAct. . (3) The functions of the Competent Authority shall beto (a) advise the Minister on matters related to food safety, food hygiene and food borne diseases; (b) implement and maintain food control system that ensures the protection of consumer health; ...,.' ·"a'- H [28th Apri12014] Supplement to Official Gazette (c) (d) ! \ " ., , ; (e) (1) (g) (h) (i) undertake official control of food,at all levels and throughout the food supply chain, including food ingredients, food additives, contaminants, production chemicals such as pesticides and veterinary drugs as well as articles use in food production, to ensure that these do not pose a risk to human health; undertake official control of feed intended for food producing animals, including the food for making feed, feed ingredients, additives, contaminants and production chemicals· and agricultural inputs such as . pesticides and veterinary· drugs as wen as articles use in feed production to ensure that these do not pose a risk to human health; approve the importation and exportation of food and feed in accordance with this Act at the designated points of entry or exit as prescribed under the Customs Management Act; 2011 (Act 22 of2011); register, approve and regulate food and feed business operators prior to licensing of their operation to ensure appropriate requirements . are met in accordance with this Act; register, approve' and regulate food establishnients; , develop. and approve the food handlers and food hygiene jtraining as required under this Act; . ensure the implementation of appropriate pre requisites programmes inCluding food 195 , 196 Supplement to Official Gazette [28th April 2014] (j) (k) (1) (m) (n) (0) hygiene and sanitation practices, food safety management system, including good agricultural -practices, good manufacturing practices or hazard analysis critical control point, by approved food and feed establishments, food and feed business operators, food and feed importers and exporters, for . the handling, . processing, :manufacturing, transportation, storage and distribution and exportation offood; adopt -the Codex Alimeritarius Commission Standards, Recommendations and Guidelines as elements of its national food control system in order to protect the health of consuniers; implement standards, recommendations or guidelines from other international inter governmental organisations where protection ofthe consumers' health is deemed necessary; assess food safety risks and make decisions based on scientific information, evidence and risk analysis as'deemed appropriate; take steps to identify particular food product of concern and to imple~ent appropriate measures to prevent, reduce or eliminate that risk, where a food may present a risk to human health; \ develop and implement appropriate food ~ regulations and guidelines in pursuance of 11 this Act; . ( j' develop and 1naintain an Operations Manual f. . for the guid,ance of the implementation of { tbi'Act; , ; ! [28th April 2014] Supplement to Official Gazette (P) (q) (r) . (s) (t) (u) (v) (w) monitor the presence of food hazards in food of plant, animal and fishery origin and formulate and implement measures to address incidents of these hazards in close collaboration with other governmental agencies; to provide advice to other regulators, the food industry and consumers on food safety issues with the aim of achieving an integrated approacp to food safety; to carry out inspections of food and feed establishments ofthe exporting country prior to importation, where deemed necessary; to maintain a register of all categories of food and feed business operators responsible producing and placing food and feed on the domestic and export market; to provide consumers with information for managing food safety risks. under their control; to work with acaoemics and scientific institutions and, where necessary, outsource expertise to support the risk based and scientific approval of the food control system; to ensure clear communication and develop interactive exchange with all stakeholders in the food chain; to participate ',on: the Codex Committee, the Sanitary and Phytosanitary Committee, Technical Barriers to Trade Committee as well as othJr national and international standard settihg·bodies; 197. 198 • H.' ••• -.:.:.~ •• Supplement to OffiCial Ga~ette [28thApri12014] . (x) to maintain clear records and documentation; and . ~ (y) such other ftmctions as may be prescribed by Regulations. I .,."" (4) In carrying out its functions under this Act, the Competent Authority shall apply the following general principles ~. (a) applying, the precautionary principle, give ~t·\.; ... precedence to consumers' health in the event . of insufficient relevant scientific evidence; . (b) be transparent to all stakeholders in the food , and feed supply chain and at the same time f adhere to legal requirements to protect I confidential information as deemed I appropriate; (c) (d) (e) (1) ensure effective communication and consultation with all interested parties thro.ughout the risk analysis process; ensure clear, . interactive and documented commlmication, amongst risk assessors and risk managers and reciprocal communication with all interested parties throughout the risk analysis process; take measures that are consistent, impartial, non-discriminatory, free from undue influence and conflict of interest which shall be no more restrictive to trade than required; operate in a cooperative and coordinated manner, wi~hin clearly assigned roles and responsibilitjes, for the most effective use of [28th April 2014] Supplement to OffiCial Gazette (g) resources in order to minimise duplication or gaps and to facilitate information exchange; , endeavour to have sufficient capacity and capability to undergo continuous improvement and include mechanisms to evaluate whether it is achieving its objectives; and (h) recognise components or the entire sanitary measures of an exporting country, although designed and structured differently, as may be capable of meeting the same objective as that available nationally, including equivalence agreements. (5) In carrying out its functions under this Act, the Competent Authority shall apply the following principles of food safety (a) (b) (c) ensure official controls are carried out regularly and according to priorities determined by risk assessments undertaken in the following cases (i) (~i) where non-compliance is suspected; when seeking approval to operate as required lmder this Act; (iii) when seeking approval for importation and exportation; ensure official ,controls are carried out using means proportion~te to the end to be attained; , ensure official controls are enforced for food 199 , ,~ 200 Supplem'ent to Official Gazette [28th April 2014] (d) (e) (t) categories as deemed necessary by the Competent Authority; ensure official controls cover all stages of production, manufacturing, processing, storage, transportation, distribution and importation; presume that all food in the same batch, lot or consignment is unsafe, where unsafe food is part of that batch, lot or consignment of the same class or description; and ensure the following is taken into account in determining whether 'food is injurious to . health (1)" ,the probable immediate, short-term or long-term effects on the subsequent 'generations ofthat food on health; (ii) the probable cumulative effects; and (iii) the particular health sensitivities of a specific category of consumers w~ere the food is intended for that ca~egory. (6) The Competent Authority and competent authorities of exporting countries may exchange information, which may include (a) requirements offoodcontrol systems; (b) '''hard coPy" ,certificates attesting to conformity with requirements of the particular ¢onsignments; (c) electronic data or certificates where accepted by the parti es involved; . "" I I I I '~ " r: f " [28th April 2014] Supplement to Official Gazette (d) details about rejected food consignments, such as destruction, re-exportation, processing,or redirection of consignment for uses other than human consumption; ( e) lists of food establishments or facilities that conform to importing country requirements; and ct) any changes to import protocols, including. specifications, which may significantly affect trade which shall be promptly communicated to trading partners, allowing a reasonable interval between the publication of regulations' and their . application . , (7) The Competent Authority may by order published in the Gazette, appoint such committees, as may be considered necessary, consisting of persons having experience and qualifications in the field of food or feed for the purpose of advising the Authority on any matter referred to the Committee. 201 6.(1) Where there is evidence that food or feed Crisis co.nstitute a serious risk to human health, the Competent management Authority, in coordination with relevant governmental agencies and departments, shall immediately adopt measures depending on the gravityofthe situation. (2) Subject to subsection (l) the Authority may adopt any of the following measures to mitigate and eliminate the serious rlsk (a) suspend its distribution on the market and or the use of the food or feed in question; (b) lay down special conditions for the food or feed in question; 202 Product recall Supplement to Official Gazette [28th Apri12014] (c) request immediate recall ofthe food or feed in question from the market; and (d) adopt any other appropriate interim measures. (3) In the case of imported food or feed, the Competent Authority shall ( a) suspend the importation of the food or feed in question from all or parts of the country concerned as deemed appropriate and, where applicable, from the country oftransit; (b) lay down special conditions for the food or feed in question from all or part ofthe country concerned; and (c) adopt any other appropriate interim measures. PART III - FOOD AND FEED SAFETY 7.(1) Conformity of food with specific provision applicable to that food shall not prevent the Competent Authority (a) from taking appropriate measures to impose restrictions on it being placed on the market; or (b) to require withdrawal from the market, where there are reasons to suspect that the food is unsafe. (2) Whoever contravenes subsection (1) (a) or (b) corinnits an offence and shall on conviction be liable to [28th April 2014] Supplement to Official Gazette imprisonment for a term not exceeding 2 years or to a fine not exceeding SCR100,000, or to both such imprisonment and fme. 8.(1) Apersonshallnot ( a) add any substance to food; (b) use any substance as an ingredient in the preparation offood; (c) extract any constituent from food; or (d) subject food to any process or treatment, so as to render the food injurious to health with intent that the food shall be sold. (2) Whoever contravenes subsection (1) commits an offence and shall on conviction be liable to imprisonment for a term not exceeding 2 years or to a fine not exceeding SCR1 00,000, orto both such imprisonment and fme. 9.(1) A persop shall not import, produce or sell food which (a) contains any substance, which is poisonous or harmful; (b) consists in whole or in part of any physical, chemical or biological contaminant, putrid, rotten, decomposed or diseased substance or foreign matter; or ( c) is otherwise unfit for human consumption. (2) Whoever contravenes subsection (1) commits an . offence and shall on conviction be liable to imprisonment for a term not exceeding 5 years or to a fine not exceeding SCR500,000, or to both such imprisonment andfme. 203 Sale offood which is injurious to health Importation production or sale of poisonous or unwholesome food or food otherwise injurious to health \ 204 Deception . Protection for food purchase Handling of food under insanitary conditions Supplement to Official' Gazette [28th April 2014] 10.( 1) A person shall not label, package or advertise orbe a party to the publication of an advertisement of any food in contravention of this Act, or in a manner that is false, misleading or deceptive as regards to its character, nature, substance, quality, composition, merit or safety. (2) Whoever contravenes subsection (1) commits an offence and shall on conviction be liable to imprisonment for a term not exceeding 5 years or to a fIne not exceeding SCR 500,000, orto both such imprisonment and fme. . 11.(1) Any person shall not sell to the prejudice of a purchaser any food which . (a) is adlllterated;, (b) contains substances the addition of which is prohibited under this Act or regulations made . thereunder; - - . ( c) . contains substances in greater, prpportion than permitted by this Act or regulations made theretmder; or (d) is not ofthe nature, substance, composition or quality of the food demanded by the purchaser. (2) Whoever contravenes subsection (1) commits an offence and shall on conviction be liable to imprisonment for a term not exceeding -2 years or to a fIne not exceeding SCR250,000, or to both such imprisonment and fIne. 12.(1) A person shall not sell, prepare, package, store, distribute, or display for sale any food under insanitary conditions, whereby the food may be contaminated with physical, biological and chemical contamination or may be rendered unfIt for human consumption. [28thApri12014] Supplement to Official Gazette (2) Whoever contravenes subsection (1) commits an offence and shall on conviction be liable to imprisonmentfor a term not exceeding 1 years or to a fme not exceeding SCR150,000, or to both such imprisot11f1ent and fIne. 13.(1) Any person shall not oper8;te as a food business operator without an approval from the Competent Authority, or fail to comply with the conditions of the approval. (2) Whoever contravenes subsection (1) commits an offence and shall on conviction be liable to imprisonment for a term not exceeding, 1 year or to ,a fIne not exceeding SCR50,000, or to both such imprisort:rn'~nt and fIne. 205 Registration offood business operators 14.(1) Any person shall not place any manufactured food Traceability or -feed on the market without adequate labelling or identifIcation to facilitate its traceability in successive stages of the distribution. . (2) Evelj food and feed business operator shall ensure that all raw materials. and any other substances used and incorporated in food and feed at all. stages of production, processing and distribution shall be traceable to source of purchase. (3) 'Whoever contravenes subsection (1) or does not comply with slibsecti~n (2), s~all on con~iction be liab~e to imprisonment for a term not exceeding 1 ~ear or to a fme not exceeding SCR 50,000, or to both such imprisonment and fIne. 15.(1) All approved food business operators shall undergo Food Handlers and Foop. Hygiene Training approved by the C ompetent Authority. ' (2) Any person who operates a food business without undergoing the training referred to in subsection (1), commits an offence and shall on conviction be liable to imprisonment for a term not exceeding 5 years or to a fIne not exceeding SCR 500,000, or to both sucl~ imprisonment and fIne. Food Handlers Training fII , \ 206 Feed safety Relabelling or reconditioning Suppleme~t to Official Gazette (28thApri12014] 16.(1) Any person shall not import or place feed on the domestic market or provide feed which is considered unsafe to food;.producing animals. (2) For the purposes of subsection (1) all feed used for feeding food producing animals shall be considered to be unsafe, ifit (a) (b) (c) contains biological, physical or chemical hazards that has an adverse effect on human and animal health; consequently renders the food-producing animaltIDsafe for human consumption; or has a probable cumulative toxiceffe<;;t on the health ofthe consumer. (3) Whoever contravenes subsection (1) commits an offence and shall on conviction be liable,to imprisonment for a . term not exceeding 5 years or toa fine not exceeding SCR 500,000, or to both such imprisonment and fine. 17.( 1) Where any food sought to be imported into Seychelles, if sold in Seychelles, contravenes this Act, the food may, with the approval of the'· Competent Authority, be imported into Seychelles for the p1:1rpose of relabelling or recondi.tioning, subject to such conditions as may be imposed by the Competent Authority. (2) Where relabelling or reconditioning of food imported under subsection (1) is not carried out in compliance with this Act, the food shall be exported or destroyed by the importer, in a manner approved by the Competent Authority, within such period as Competent Authority may determine. (3) Any person who does not-, (a) relabel orrecondition; or (28th Apri120l4] Supplement to Official Gazette (b) ,export or destroy, ' in compliance with subsection (2) any food imported by him under subsection (1), commits an offence and shall on conviction be liable to imprisonment for a term not exceeding 2 years or to a fine not exceeding SCR 250,000, or to both such imprisonment and fme. , PART IV - IMPORTATION . 18.(1) All imported food shall comply with the same level of protection and requirements, as applied to food and feed prepared, manufactured, packaged, stored, distributed and sold on the domestic market. ' \ (2) The Competent Authority shall be responsible to recognise the equivalence of food control regulatory systems of an exporting country and shall comply! with international agreements that Seychelles is party to. ' . (3) Imported food and feed Shalj undergo cargo ms~ectlOn an~ clearance by, the Compete~ Authority at all designated pomts of entry to determine cobJ,pliance with this Act or the regulations made thereunder. ,{ , (4) Food and feed consignments lk complying with this Ac~ or the re?~lations ~ade thereunder s all be disp~sed of accordmg to pohcies estabhshed by the Co etentAuthority. I, PART V - ENFORCEMENT 19. (l) The Public Health Commissioiler may authorise any person to act' as an authorised officer for the purpose of implementation of specific provisions of this ACt, and such authority shall relate to a specific matter or to all matters under this Act. ! (2) The Public Health Commissioner shall issue credentials to every person authorised to lact as an authorised officer. 207 Importation Appointment of authorised officers '. ' 208 Powers of authorised officers Supplement to Official Gazette [28th April 2014] 20.( 1) An authorised officer may ( a), at any reasonable hour-or whenever work is in progress in any premises dealing in food, enter any premises where he believes that any article is prepared, packaged, stored, distributed or sold, examine the article, take samples thereof for analysis and examine anything which he believes is used or capable of being used for the preparation, packaging, storing, conveying, distribution or sale of any artjcle; (b) mark, seal or' otherwise secure, weigh, count or measure any article, the preparation, packaging, storing, conveying, distribution or s,ale of which is or appears to be contrary to , this Act or any regulations made thereunder; \ ( c) I stop, search or detain any vehicle or vessel in i \vhich he believes that any article to which ! this Act applies is conveyed, examine the ~ ' rticle and take samples thereof; . (d) open and e, xamine any receptacle or package which, he believes, contains any article to I hich this Act applies, examine the article , and take samples thereof; ( e) call ,for any books, documents, or other records including ,electronic records, which, he believes, contains any information relevant to the enforcement of this Act with respect to any article, make copies, and take extracts therefrom; (f) require any occupier or employee of any food establishment where food is prepared, "I· ,'! ' ,) {'"::, lfl:, [28th April 2014] Supplement to Official Gazette processed, packaged, distributed, kept, or sold to lmdergo a medical examination if there is a reasonable suspiciOn that 'the occupier or employee 'may be a carrier of a communicable disease or suffering from such a diseases; (g) (iJ seize and detain, for such time as may be necessary, any article which he reasonably believes to be unfit for human consumption, likely to be injurious to health or for any other reasons, which, he believes, this Act or regulations made thereunder 'has been .' contravened; (ii) an authorised officer shall release any article seized by him under subparagraph (i) where he is satisfied that the provisions of this Act in relation to the article have been complied with; (h) investigate cases of food borne illnesses including conducting interviews with management and staff members of food establishments or relevant persons and ~uthorities; (i) ,take photographs, films, audio or visua] recordings of any article, vehicle, vessel or food establishments; and G) take samples of any food, article or anything that is part of the surrounding environment to determine whether that environment poses a food safety risk. 209 210 Supplement to Official Gazette [28th April 2014] (2) Where an authorised officer determines that an animal or carcass is diseased or linfit for hmnan consumption, he or she may seize it and cause it to be destroyed or disposed of in such manner as he may direct without seeking any consent or permission and no compensation shall be payable to any person in respect to the destmction or disposal. (3) An authorised officer may require any person involved in the preparation, importation, or use of substances used in the preparation of food or feed to furnish to the Competent Authority such particulars as may be so specified of the .composition and use ofthe substances used or sold for use in the preparation offoodor feed. . (4) The authorised officer may requITe information to be furnished in respect to any substance, including but not limited to (i) -composition and the chemical nature of the substance; (U) manner in which the substance is used or proposed to be used in the preparation offood; (iii) results of any investigations carried out determining whether and to what extent the substance used in the preparation of food is injurious to health; (iv) results of any investigation carried out determining the cumulative effect on the health of a person consuming the food in ordinary quantities; (v) ,exercise any other ftmctions assigned to him by the Public Health Commissioner. [28th April 2014] Supplement to Official Gazette 21. An authorised officer shall in the exercise of his' or her powers under section 20, if required by any person affected thereby, produce the credentials issued to him under section 19(2). 22. Where any authorised officer has seized an article , under this Act and the owner thereof or the person in whose possession it was at the time of the seizure consents in writing to its destmction, the article shall be destroyed or otherwise disposed of as the authorised officer may dir~ct. 23.(1) Where any authorised officer has seized an article which poses an imminent threat to public health, the authorised officer shall immediately destroy the article. (2) Where an authorised officer is unable to obtain the consent required under section 22 for the destruction of the articled referred to in that subsection, he may, with notice-to the owner or person in whose possession the article was at the time of seizure, apply to the magistrate's court for the destruction or disposal of the article and the owner ot such person may oppose the application. . ' (3) If it appears to the magistrate's court that the article seizect is unfit for human consumption or injurious to health, or otherwise contrav,ene this Act or any regulations made lmder this Act, the court may make an order for its destruction or disposal s? as to prevent it being l~sed for human consumption. " 24. An authorised officer shall not enter any premises solely used as a private dwelling for implementation of this Act, without a warrant signed by a Magistrate, unless the occupier consents to the entry. 25. The Public Health Commissioner may by notice published in the Gazette appoint any person as an official analyst who shall perform official analyses or examinations for 211 To produce credential Destruction of seized articles Application to court for destruction of seized Entry under warrant Official laboratory and official analysis I I 212 Samples for analyis Certification of analysis or examination Improvement notice Supplement to Official Gazette [28th April 2014] the purposes of this, Act or, if requested by the Public Health Commissioner to do so, for the purposes of any other Act. , 26. The authorised officer shall conduct sampling according prescribed standards, pursuant to his or her power~ under section 20(1 )U)., 27.( 1) A certificate of analysis or examination, sh~ll be issued and signed by the 'official analyst from the offiCIal or designated laboratory and shall be sufficient evidence of the facts stated therein for the purpose of this Act. , (2) The certificate of analysis or. ex~mination s~all include information on the method of exammatlOp. or analysls. . ) 28.( 1) Where an authorised officer has reasonable grounds to believe that the owner occupier or licensee of any food e~tablishmellt has failed t~ comply with this Act or regulations made thereunder, the authorised officer. may serve on the owner, occupier or licensee, an improvement notice in the form A specified in the Schedule appended to this Act. (2) An jmprovement notice shall state (a) (b) (c) the matter which constitutes any failure on the part of the owner, occupier or licensee to comply with the Act orregulations; the measures that shall be taken to secure compliance; the period granted to secure compliance. (3) The period granted to secure compliance with a notice shall be at the discretion of the authorised officer who shall take into account all reasonable circumstances of the matters in question. [28th April 2014] Supplement to Official Gazette seal. (4) The notice must include an authorised stamp or (5) A person who fails to comply with an improvement notice commits an offence and shall on conviction be liable to imprisonment fot a term not exceeding 1 year or to a fine not, exceeding ,SCR 150,000, or to both such imprisonment and fine. ' , . 29.(1) Where the authorised: officer determines that the preparation, cooking, manufacturing, processing or se11ing of food at any premises, or the addition of any ingredient to any, food constitute a hazard to health, the authorised officer shall serve a prphibition notice on the, p~rson ;conducting the activity, in the Form B specified in the Schedule appended to this Act. (2) A prohibition notice shall state-' (a) the matter which constitute any failure on the part of the ,owner, occupier or licensee to comply with the Act or regulations; (b) the measures that shall be taken to secure compliance; (c) the period granted to secure compliance. (3) The notice must include an authorised stamp or seal. (4) A person who fails to comply with a prohibition ' notice, commits an offence and shall on conviction be liable to a term of imprisonment for a term not exceeding 2 years or to a fine not exceeding SCR25'O,000, or to both such imprisonment and fine. , 30.(1) Where the authorised officer certifies, based on risk assessment, that the preparation, cooking, manufachlring, processing or selling offood at any premises, or the addition of 213 Prohibition notice Emergency closing order 214 .•• -l. ~--. .. (28th April 2014] Supplement to Dfjiciail Gazette any ingredient to any food constitutes a serious hazard to health, the authorised o-fficer shall serve an emergency closing order issued by the Pub-lic Health Commissioner on the person conducting the activity. (2) A copy of an order issued under subsection (1), signed by the Public H.ealth Commissioner, shall be a sufficient warrant for its enforcement by the Commissioner of police. (3) A copy of~n order under this section shall be affixed on the main door of the establishment where the offence was committed. (4) The PublLc Health Commissioner may, in writing, withdraw the emergency closing order issued under subsection (1) where the preparation, manufacture, production, packaging, storing, distribution or sellingoffood at the food establishment no longer constitutes. a hazard to health. (5) ( a). The, owner, occupier or licensee of the food establishment; as the case may be, may apply to the magistrate court for the dischar ge ofthe order. (b) The emergency closing order shall~ pending the decision ofthe magistrate court, remain in force. (c) The magistrate court may dismiss the plaint, discharge or amend the order, alter its duration or impose such conditions, as he considers expedient a~d proper for the purposes of the Act or Regull:).tions made thereunder. (6) Whoever fails to comply with an emergency closing order issued under subsection (1), commits an offence and shall on. conviction be liable to imprisonment for a term not exceeding 5 years or to a fine not exceeding SCR500,000, or to ,. both such imprisonment and fine. [28th April 2014] Supplement to Official Gazett 31.(1) In any proceedin . e , analysIs signed or purportin:~o l~de~ thlS Act a report of , analyst shall be p;ima fi' .e SIgned by an authorised .,' , therein provided ~hat- aCle, eVIdence of the facts stated (a) the party against whom it . require the attenda b ~s produced may public hea~th anal;s~e fo; ~~: court of the cross exammation; and purposes of ~. -:": " .i,.' \ , . "I'" • (b) ,no such report shall b .' . " unless the a' ~ receIved m evidence trial has, :efZel~~~n:~r t~ produce it at the against whom it" ,gIven to the party ~otice of not 1~~~n~~nded14to be produced a , "!}"':-l", . , mtention togetherwI"th an .' days of such , ih!i." a copy ofthe report. ~; , . (2) T~e .contents of an 'acka ," '. and ~n the onglnal state of ,rckin ge ~ppeanng to be mtact , beanng the name, addrefs g b~ ItS manufacturer and manufacturer shall be or regIstered mark of the t b th " presumed unless th ' .0 e e contents described in th e contrary is proved" ,on, attached to or' , e package or any label printed ma .c. accompanying th ' mllactured by'the person d' ,e package and the package or label. 'escnbed as the manufacturer on , . '(3) Any article co . . consumption,ifsoldorke tii mmonly used for human contr~ry is proven to hav~ b or sal~;hall be presumed until the consumption., " een so or kept for sale for human . (4) Any article c ' ..,.' consumpt~on which is fou ommonly. used for hu~an preparation or storag f nd on premIses used for the sale shall be presumed, un:i1 ~hrducts for human consump;io~ for sale, or for preparation contrary IS proved, to be intended human consumption. of storage of products for sale, for 215 Evidence 216 Obstruction, false information Obstruction and assault on authorised officer Interfering with seized article Supplement to Official Gazette [28th April 2014] (5) Any article capable of being used in the composition or preparation of any food, which is found on premises on which that food is prepared shall, until the contrary is proven, be presumed to be intended for such use. 32.(1) Any person who when requested to give information or any assistance to an authorised officer in the performance of his or her functions under this Act (a) fails to give the information or assistance reasonably requested; or (b) knowingly makes a declaration which is false or misleading, commits an offence. . (2) Whoever j::ommits an offence under subsection (1), shall on convietion be liable to imprisonment for a term not exceeding 2 years or to a fine not exceeding SCR250,000, or to both such imprisonment and fine. 33.(1) A person who willfully obstructs, mislead, intimidate, assault, bribe or impersonate an authorised officer in the execution of his or her function tmder this Act, commits an offence. . (2) Whoever commits an offence under subsection (1), shall on conviction be liable to imprisonment for a term not exceeding 5 years or to a fine not exceeding SCR500,000, or to both such imprisonment and fine. 34.(1) Any person who without the permission in writing from an authorised officer, removes, alters or interferes in any way with any article seized or detained under this Act, commits an offence. ' (2) Whoever commits an offence tmder subsection (l), shall on conviction be liable to imprisonment for a term not exceeding 2 years or to a fine not exceeding SCR 250,000, or to both such imprisonment and fine. :,.1., [28th April 2014] Supplement to Official Gazette 35.(1) An authorised officer who (a) fails without reasonable excuse to perform any of his or her duties under this Act; (b) disposes of a article or other item under the control ofthe officer other than in accordance with this Act; (c) except for purposes of this Act, discloses information of a confidential or commercial nature' which has come into the officer's knowledge while performing functions under this Act; , , (d) in the course of performing his or her duties willfully intimidates or unlawfully assaults any person; (e) in connection with his or her functions or duties solicits or accepts a gift or bribe; or (f) knowingly o~ recklessly makes a false or misleading statement, or issues a false or misleading certificate or other document . . , while purporting to performhis or her duties, (2) Whoever commits an offence under subsection (1), " shall on conviction be liable to imprisonment for a term not , exceeding 5 years or to a fine not exceeding SCR500 000 or to both such imprisonment and fine. ' , 36.(1) A person to whom a permit or other document is , given or issued tmder this Act who ( a) forges or unlawfully alters the permit or other document; 217 Dereliction of duty by authorised. officers Fraudulent use of official document ~===========================~~~~~~~~~~~======~.",~ .. =.~ .. ~,-... ==~~== .. ..,-- ~------------------------------~-I. "r,.'. 218 Appeal Regulations Supplement to Official Gazette [28th Apri12014] (b) allows any other person to use or attempt to use the permit or other document for any purpose under this Act, commits an offence. (2) Aperson who, for purposes of this Act, produces a document, which is false or misleading, knowing it to be so, and intending another person to rely on it, commits an offence. (3) A person who uses or affixes an official stamp or seal required under this Act, without lawful authority and with intent to defraud or deceive,.commits an offence. (4) Whoever commits an offence under subsection (1), (2), or (3), shall on conviction be liable to imprisonment for a term not exceeding 5 years or to a fine not exceeding SCR 500,000, or to both such imprisonment and fine. PART VI - MISCELLANEOUS 37. Any person aggrieved by a decision of the Competent Authority made under this Act, or a notice issued under sections 28 or 29, or an order made under section 30, may, . within 28 days ofthe decision or date of service of the notice or order, appeal to the Appeqls Board in accordance wit~ the procedure set out by or under the Public Health Authority Act, 2013 (Act 7 of 20 13). 38.(1) The Minister may make Regulations for carrying into effect the provisions of this Act and may prescribe all matters which by this Act are required to be prescribed orwhich are necessary or expedient to be prescribed for giving effect to this Act. (2) In making regulations under subsection (1), account shall be taken of the Codex Alimentarius and the World Trade Organisation Agreement on the Application of Sanitary and PhytosanitaryMeasures. [28thApri12014] Supplement to Official Gazette 39. The Minister, the Competent Authority, the Public Health Commissioner, any authorised officer .shall not be criminally or civilly liable for an act done or omission made in good faith in the exercise of a power or the performance of a function under this Act. 40.(1) The FoodAct (Cap 83) ~sherebyrepealed. (2) Notwithstanding the repeal ofthe FoodAct (a) all statutory instruments made under the' repealed Act shall continue in force until amended, replaced or repealed under this Act; (b) the approval or authorisation granted under the repealed Act shall continue to operate as approval or authorisation, as the case may be, for the purposes of this Act, until the expiration or revocation of such approval or' authorisation; and (c) any penalty, forfeiture or punishment incurred in respect of any offence committed under the repealed Act shall continue to be enforceable as if this Act had' not been enact~d .. .41. The provision of this Act shall be in addition to and not in derogation ofthe provisions of any other written law. 219 Limitations ofliability Repeal and savings Relationship with other Acts Ii 220 Supplement to Official Gazette SCHEDULE FORMA [Section 28(1)] FOOD ACT, 2014 [28th April 2014] GOVERNMENT OF THE REPUBLIC OF SEYCHELLES Improvement Notice Notice No ......... ; .... ~ ............... .. To ... ; .............. ··························· Address .................... ················ Notice is hereby given to you that it has been ascertained that the fQl10wing matters constitute an offence under section ...................... ofthe F oodAct, 2014. Matters constituting th~ offence .................. u •••••••••••••••• ••• ...... • .. • ...... •••••• ........... . . . d 'th' 'od f days from the time of You are hereby reqUlre Wl m a pen 0......... .............. . service on you of the present notice to ............................................... ~ ................. . Failure to comply with this notice within the period specified constitutes an offence. Approval Number ...................................... .. Delay granted ........................... ·.··· .... ···· .... .. Additional Delay .......................... ········· .... .. Notice served by .................................. · .. · .. .. Notice complied with on ............................. . .................................................. .................................. Authorised Officer Date [28th April 2014] Supplement to Official Gazette FORMB [Section 29(1)] FOOD ACT, 2014 . GOVERNMENT. OF THE REPUBLIC OF SEYCHELLES Prohibition Notice ~NoticeNo ................................ . ,To·; .•........................................... , Mdress ................................... . 221 ,tibe 'f;preparationlmanufacturing/processing/cooking/packaging/storage/distributio ~!ii1selling of food/article at (location) ..................................................... , or the ,': atldition of .............................................. to ............................................ (food) constitute a hazard to health. Youare hereby ordered to discontinue such activity forthwith. You are hereby required within a period of ...................... days from the time of serVieeon you of the present notice to .................................................. : .......... .. Fait~io comply with this Prohibition Notice constitutes an offence. . Approval Number ....................................... . . Delay granted ........................ ; ................... .. Additional Delay ................. : ...................... . .Notice served by ......................................... . N?tice complied with on ............................ .. ................................. ................................................. . Date Authorised Officer 222 Supplement to Official Gazette [28th Apri12014] I certify that this is a correct copy of the Bill which was passed by the National Assembly on 1 5th April, 2014. Luisa Waye-Hive Deputy Clerk \<