Food Hygiene (Amendment) Regulations, 1999 (S.I. No. 88 of 1999)

Statutory Instruments Supplement No. 47 Supplement to Official Gazette No. 85 dated 25th October, 1999 S.I. 1999 No. 88 Health Services Act Cap. 44 FOOD HYGIENE (AMENDMENT) REGULATIONS, 1999 The Minister in exercise of the powers conferred on him by section 10(1)(0) and (jJJofthe Health Services Act, makes the followingRegulations: 1. These Regulations may be cited as the Food Hygiene (Amendment) Regulations, 1999. 2. Regulation 2 of the Food Hygiene Regulations, S.1. 1969 1969 in these Regulations referred to as the principal No. 232 Regulations is amended (a) by deleting the definition of "food" and substituting the following: " "food" means any substance whether processed, semi-processed or raw, which is intended for human consumption and includes drink, chewing gum and other substances which are used in the manufacture or treatment offood, but does not include cosmetics, tobacco or substances used only as drugs;"; and (b) by deleting the definition of"premises" and substituting the following: 2 STATUTORY INSTRUMENT " "premises" means land, whether open or enclosed,built on or not, public or private and whether or not maintained under any enactment, and includes any aircraft, ship, vessel, boat, hulk, barge, tent, vehicle, shed, warehouse or any other structure designed and used for the carriage or storage of food;". 3. The principal Regulations are amended by inserting immediately after section 25 the following new heading: "PART VIA Requirements relating to the Inspection and Condemnation of Food" 4. Regulation 26 of the principal Regulations is amended in paragraph (2) by inserting immediately after the words "disposed of" appearing in the last line the words ", and where the food is condemned, the Public Health Inspector shall issue a Certificate of Condemnation of Food in the Form I as set out in the Schedule.". S. The principal Regulations are amended by inserting immediately after section 26 the following: "26A.(I) All food imported into Barbados may be inspected at any port ofentry by a Public Health Inspector. (2) In conducting an inspection under paragraph (I) a Public Health Inspector may request STATUTORY INSTRUMENT (a) the certificate ofinspection issued by the country of origin; and (b) the temperature control charts from the vessel carrying the food. (3) Where food is inspected in accordance with paragraph (1) and is found to be fit for human consumption, the Public Health Inspector carrying out the inspection shall issue a Wholesome Food Certificate to the importer of the food prior to releasing the food to the importer. (4) The certificate issued pursuant to paragraph (3) shall be in the Form 2 as set out in the Schedule to these Regulations. (5) Where food is inspected in accordance with paragraph (1) and is found to be unfit for human consumption the Public Health Inspector carrying out the inspection shall (a) detain the food for further examination; (b) seek the opinion of the Government Analyst; and (c) notify the importer of the detention ofthe food. 3 4 S'{ATUTORY INSTRUMENT. (6) Where a Public Health Inspector detains food under paragraph (5) he shall (a) take a sample and divide it into three parts, each part to be marked and sealed or fastened in such manner as its nature will permit and he shall (i) if required to do so deliver one part to the importer or his agent; (ii) retain one part for future comparison;and (iii) submit one part to the Government Analyst; and (b) issuea notice.tothe Importer in accordancewithForm 3 as set out in the Schedule to these Regulations. (7) Where the sample that is taken.in accordance with paragraph (6) is packaged in containers.of a convenient size and labelled with the batch number ofthe manufacture or producer, any-three such containers each bearing the identical batch number shall be deemed for the purposes ofthese Regulations to be three parts of the same sample. STATUTORY INSTRUMENT·· (8) Any report issued by the Government Analyst pursuant to paragraph (5) (b)shall be receivable as evidence in any court oflaw. (9) Where. an. examination is con ducted under paragraph (5) and the food is found to be unfit for human.consumption, such food shall be destroyed or otherwise disposed of and the Public Health Inspector shall. issue an Unwholesome Food Certificate to that effect in the Form 4 as set out in the schedule to these Regulatioiis. (10) Notification ofthe detention under paragraph (5) shall be in the Form 4 as set out in the Schedule to these Regulations and a copy of the notice shall be sent to the Comptroller of Customs and to the Manager of the port through which the food entered Barbados. (11) All costs of examination ofany food that is detained by a Public Health Inspector and any resulting costs ofdestruction, re-export or disposal offood that is found to be unfit for human consumption, shall be borne by the importer offood so detained or destroyed.". 6. The principal Regulations are amended by inserting immediately after Regulation 30 the Schedule to these Regulations. 5 6 STATUTORY INSTRUMENT SCHEDULE (Regulation 26(2) Form 1 MINIS'I'RYOFHEALrn Certificate ofCondemnation ofFood I,-----------------certify Nameof PublicHealthInspector that in accordance with the Health Services (FoodHygiene) Regulations. 1969 the undermentioned items of food have been inspected and condemned as being unfit for human consumption and they have been destroyed or otherwise disposed ofby me: Items Signature of the Public Health Inspector Date Quantity STATUTORY INSTRUMENT SCHEDULE-Cont'd (Regulation 26A (4)) Form 2 MINIS1RYOFHEALlH Wholesome Food Certificate Serial Number Name of Importer Address of Importer Name and Identification number of the Carrier Country of origin of food Type of food Quantity of food Supporting documentation requested (Inspection certificates issued in the country of origin temperature control charts from the carrier) Premises where the food is examined 7 8 STATUTORY INSTRUMENT SCHEDULE-Cont'd Form2-Cont'd 1, Name of Public Health Inspector specify type of food certify that the-----~---------- imported by on the Name of Importer day of Day Month and inspected Year YearMonthDay by me on the ----- day of is fit for human consumption. Signature of Public Health Inspector Date ofInspection STATUTORY INSTRUMENT SCHEDULE - Cont'd Form 3 MINISTRYOFHEALlH 9 (Regulation 26A (6)) Notification ofDetention offood for further Examination To: ----' Name of Importer Address of Importer TAKENOTICE thatthe Specify type and quantity of food importedby you on the------day of Day Month Year is suspected of being unfit for humanconsumptionand will be detained for bythe Type of analysis (bacteriological or chemical) Agency performing the analysis 10 STATUTORY INSTRUMENT SCHEDULE - Cont'd (Regulation 26A (6)) Form 3-Cont'd ANDTAKEFURTIIERNOTICE thatyou Name of Importer will be required topay the costsof the examination and ifnecessary, the costs of the re-export, destructionor disposalof the food. Signature of the Public Health Inspector Date STATUTORY INSTRUMENT SCHEDULE-Cont'd (Regulation 26A (9)) Form 4 MINIS1RYOFHEALlli Unwholesome Food Certificate Serial Number Name of Importer Address of Importer Name and Identification number of the Carrier Country of origin of food Type of food Quantity of food Supporting documentation requested (Inspection certificates issued in the country of origin, . temperature control charts from the carrier) Premises where the food is examined 11 12 STATUTORY INSTRUMENT SCHEDULE - Concl'd (Regulation 26A (9)) Form 4-Cont'd I, certify Name of Public Health Inspector that the imported by specify type of food Name of Importer Month on the day of Day Year and inspected by me on the day of Day is unfit for human consumption. Year Month Reasons for the determination that the food is unfit for human consumption Signature of the Public Health Inspector Date of Inspection Made by the Minister this 21st day ofSeptember, 1999. PHILLIP C. GODDARD Minister responsible for Health.