Food Safety and Quality Act 2016 (No. 5 of 2016)

EXTRAORDINARY OFFICIAL GAZETTE THE BAHAMAS PUBLISHED BY AUTHORITY NASSAU 22nd June, 2016 FOOD SAFETY AND QUALITY ACT, 2016 Arrangement of Sections Section PART I -PRELIMINARY 3 I . Short title and commencement ......................... ....... ........ ..... .. ........ .. ....... ........ .. ... .3 2. Interpretation ... ................... .................................................... ............................... .3 .3. Objectives of Act. ..... ....... .. ..... .. ......................... ........ ..... ...... ........... ...... ..... ....... .... 6 4. Application of Act. ....................... .. ..................... ........ ...... ..... ...... ......................... . 6 PART n MADMINISTRATION 7 5. Director of Food Safety .............. .............. .................. .. ...... .................................... 7 6. Functions of the Director .............................. .................. ...... ................... ......... .. ... ? 7. Powers of the Director ............................................ ............................................... 9 8. Powers ofthe Minister ..................................... ............. ................. ........................ 9 FOOD SAFETI' AND QUALITY SCIE:-JTlFIC ADVISORY COMMITTEF. 9 9. Establishment of the Food Safety and Quality Committee ........ ... ... ..... .. ...... ......... 9 10. Functions of the Committee .......... ..... .. ........................ ..... .. .... ..... ... ............. .. ...... 10 11 . Appointment of Scientific Committee .... .............. ............................................... 11 12. Ft1nct1ons of Scientific Committec ............ .. ........... .................. ......... ... ..... ...... .... 11 FOOD INSPECTORS 11 13 . Food ii1spectors ..................... .................. ................... ..... .............. , ..................... 11 14. Designation of authorized officers .. ...... ..... .................. .. ..... ... ... ................ ... ..... ... 12 15. Duties and powers of inspectors ........ ........... ........ ....... .. ...... ................................ 12 16. Inspector to issue notice ................................... ................. .............. ..................... 15 17. Improvement notices .... , .................. .............. ..... ......................... ........................ 15 18. Disclosure of information ....... ........ ............. ... ...... ......................... ........... ...... ..... 16 LABORATORIES 17 19. Designation of laboratories ... .......... ......... ... ... .......... .......... ...... ... ...... ................... 17 PART Ill - STANDARDS FOR FOOD SAFETY AND QUALITY 17 20. Food standards .. .................... ................................ .................................... ........... 17 21. Traceability of food ....... ....................................... ...... , ........... .... ......... .......... ...... 11 22. Food register .... .............................................................. .. ......................... .. .......... IS 23. Labelling and advertising ................................. ....................... .... .. ................ ....... 1 S 24. Responsibilities of medical practitioners and nurses ........ ......... ................. .... .... 19 PART TV - FOOD BUSINESESS OPERATORS 19 REGISTRATJON REQUIREMENTS FOR FOOD BUSINESSES 19 25. Requirements for operation of food businesses ................................................... 19 26. Registration of food businesses ........................................................................... 19 27. Sllspension or revocation of certificate of registration ....................................... 20 DUTIES OF FOOD BUSINBSS OPERATORS 2l 28. Food Handler's Certificate .................................................................................. 21 29. Certificl'.!te of sanitation ........................................................................................ 21 30. Duty of operator to conduct proper operations .................................................... 21 31. Duty ofoperator to cooperate with inspector ....................................................... 22 32. Duty of operator to repo1t suspicion ofrisk ......................................................... 22 33. Stroot food vending .............................................................................................. 23 34. R.ecall of food products ........................................................................................ 24 PART V - IMPORT AND EXPORT Ol4' FOOD 25 35. Import offood ...................................................................................................... 25 36. Inspection of imported and exported food ........................................................... 25 37. Duties of impotters and expo1ters of food ........................................................... 26 38. Relabelling and reconditioning ............................................................................ 26 PART VI- OFFENCES AND PENALTIES 27 39. Offences and penalties ...................................... .......................... ......................... 27 40. Offences by food inspectors ................................................................................ 28 41. General penalty .................................................................................................... 29 42. Fixed penalty offences ......................................................................................... 29 43. Offences by corporate entities and penalties ...................................................... 30 44. Genel'al provisions for prosecutions under this Act.. ........................................... 30 45. Forfeiture ............................................................................................................. 30 PART VII - MISCELLANEOUS 30 46. Confidentiality ..................................................................................................... 30 47. Duty to assist and cooperate ................................................................................ 30 48. Right of appenl.. ................................................. ............. ..................................... 3 I 49. Good faith defence by public authorities ............................................................ .31 50. General defences ................................................................................................. .31 51. Presumptions ........................................................................................................ 31 52. Regulations ......................................................................................................... .32 53. Functions of Minister responsible for Health ...................................................... 33 54. Savings ..................................................................................................... : .......... .34 55. Repeal and conflicts ............................................................................................ .34 No. 5 of 2016 FOOD SAFETY AND QUALITY ACT, 2016 AN ACT TO REGULATE FOOD SAFETY AND QUALITY AT ALL STAGES IN THE FOOD CHAIN; TO PROVIDE THE APPROPRIATE FOOD SAFETY MEASURES; TO FACILITATE TRADE IN SAFE FOOD AND TO REGULATE OTHER MATTERS CONNECTED THERETO [Date of Assent - 20th June, 2016] Enacted by the Parliament of The Bahamas PART I - PRELIMINARY 1. Short title and commencement. (1) This Act may be cited as the Food Safety and Quality Act, 2016. (2) This Act shall come into force on a day to be appointed by 1he Minister by notice published in the Gazette and different dates may be appointed by such a notice for the coming into force of particular sections or parts of this Act. 2. Interpretation. In thisAct "addith:e" means any substa1ice not normally consumed as food by itself a11d not normally used as a typical ingredient of food, whether or not it has nutritional value; the intentional addition ofwhicl1 to food for a technological (including organoleptic) purpose in the production, manufaclure, preparation, treatment, packing, packaging, transport or storage of such food results, or may be reasonably expected to result (directly or indirectly), in it or its by products becoming a component of or othen.vise affecting the charac1eristics of such food, but does not include contaminants or Page - 3 Page- 4 substanc~s added to food for the purpose of rnaint~.ining or improving nutritional qualities; "A11thority" means the Bahamas Agricultural Health and Food Safety Authority, the body corporate established under section 4 of the Bahamas Agricultural Health and Food Safety Autltority Act, 20 l 6; "authorized officer" means such person designated under section 14 and qualified to perform ce1tain specified functions of a food inspector; "Committee" means the Food Safety and Quality Committee established under section 9 of this Act; "contaminant" means any substance not intentionally added to food, which is present in food as a result of the production (including operations carried out in crop production, animal production and veterinary medicine)> manufacture, processing, pr~paration, treatment, packing, packaging, transport and holding of food or as a result of environmental contamination, including chemical and microbial con tarn ination; "enforcement agency" means a Ministry, Department, agency or other other body responsible for administering legislation relevant to food safety or food trade; "exporter" means any persons who, as an owner or as consignor, consignee, agent or broker is in possession of or is in any way entitled to the custody or control of any food exported from The Bahamas respectively; "food'' means any substance, whether processed, semi-processed or raw, which is intended, or reasonably intended for human consumption, and includes drink,including water, chewing gum and any substa11ce which has been used in the production, manufacture> preparation or treatment of food, but does not include cosmetics or tobacco or substances used only as drugs; "food business" or 1'bnsiness" means any business, however small, w]1ere production> manufacture, preµaration, treatment, packing, packaging, transport, handling, servi1tg, storage or sale in relation to food is can·ied out, whether for profit or not, whether a permanent or temporary structure and whether on lnnd or at sea; "food business operator" or "operator" means a person who owns or is in charge of a food business, includillg farms, agricultural units, collection ancl storage facilities, impoiters, expoiters ~nd other person having for the time being the possession, custody or control thereof at any stage of the food chain; "food chain" consists of the entire sequence of stages and operations involved i11 the creation ancl consumption of food products; and includes every step from initial production to final consumption of all food and food ingredients; "food safety system" means a system wJiich identifies, evaluates and controls hazards which are significant for food safety, which include, but are not limited to the following (a) Hazard Analysis Critical Control Point (HAC(.:P); and (b) Good Manufacturing Practices (GMP); "hazard'J means a biological, chemical or physical agent in, or condition of food with the potential to cause an adverse human health effect; "importer" means any persons who, as an owner or as consignor, consignee, agent or broker is in possession of or is in any way entitled to the custody or control of any food imported into The Bahamas respectively; "inspector" means a person designated under section 13 and qualified to act ns such under this Act; "1.\-linister" means the Minister responsible for food safely; "pl'em.ises" includes any building, tent or other structure, perma11ent or otherwise, together with the land on which the samu is situated and any adjoining land employed in coMection therewith, used for the production, manufacture, packing, packaging, transport, handling, serving, storage or sale of any food; "production of fo od" means the cultivation, rearing or growing of food including harvesting, milking and farmed animal production prior to slaughter; "t'lsk assessment" means a scientifically based process consisting of (a) hazard identification; (b) hazard characterization; (c) exposure assessment; and (d) risk characterization; "l'isk communicution" means the interactive exchange of information and opinions concerning risks among risk assessors, risk managers, consumers and other interested patties; "risk management" means the process of weighing policy alternatives in the light of results of risk assessment, and, if required, selecting and implementing appropriate control options, including regulatory measures; "Sanitary and Phytosanitary Appeal Tribunal" means the Appeal Tribunal established under section 25 of the Bahamas Agricultural Health and Food Safety Authority Act, 2015; Page- 5 "seH" includes to offer, advertise. keep, store, display, transmit, consign, convey or deliver for sale, or to exchange or to dispose of to any person in any manner whether for consideration or otherwise, and "soJd», "selJing" and "sale" shall have corresponding meanings; ''SPS Agreement" means the World Trade Organiwtion Agreement on the Application of Sanitary and Phytosanitary Measures; "vehicle" means any vessel, aircraf½ conveyance, cart, contailter, animal or other thing that can transport food from one place lo another. 3, Objectives of Act. (1) The objectives of this Act are (a) to regulate food safety and quality at every stage of the food chain; (b) to regulate all food, including fish and meat; nnd (c) generally, to protect human health, and consumer interests, including fair practices in trade. (2) In order to achieve the objectives specified in paragraph (1), food safety and quality shall be based on risk assessment, whioh is based on the available scientific evidence, undertaken in an independent, objective and transparent manner. (3) Where relevant scientific evidence is im,ufficient, food safety measures may be adopted on the bnsis of available pertinent information, .including information from relevant international organizations. 4, Application of Act. (1) Thfa Act applies to food businesses. (2) Food shall be handled in accordance with the Health Rules, Ch. 231 and as provided by any Regulations under this Act. (3) Nothing in this Act shall be construed as affecting or derogating from the functions of the Director under the Animal Health and Production Act or any officer under any other law with responsibility to ensure that animal and plant production are carried out using good agricultural practices. (4) For the avoidance of doubt, in the event of any conflict or inco,nsistency between the provisions of this Act and any other enactment in force in The Bahamas, the provisions of this Act shall prevail. Page- 6 PART II - ADMINISTRATION 5. Director of Food Safety. (1) There shall be n Director of Food Safety, (hereinafter referred to os "the Director'') appointed under section 12 of the Bahamas Agricultural Health and Food Safety Authority Act, 2016. (2) The Director shall be responsib le for administering and cal'Jying out the objectives of this Act. (3) The Director shall be a food scientist, chemist or any suitably qualified person with experience in food safety and quality. 6. Functions of the Director. ( 1) For the purposes of this section "food fraud" means a false representation ofa food (a) whether by description, labelling, false misleading allegations; or by concealment of what should have been disclosed; (b) that deceives and is intended to deceive another so that the individual will act upon it to his injury. (2) The fonctions of the Director shall be (a) to formulate a food safety and quali ty policy and strategy and regulate all food, including fish and meat; (b) to establish a coordinated and integrated risk based food safety and quality control action plan, inclusive of mitigation rind containment mechanisms designed to protect, enhance and ensure food safety and to protect consumers against food fo1t1d; (c) to develop a national food emergency 11lert plan to deal with food emergencies aud to take action in a food safety emergency or the risk of a fo od safety emergency; ( d) to approve food safety measures and ensure that all measures taken under this Act are done so on the basis of risk assessment; (e) to use risk management to ensure that all food produced, distributed or marketed in The Bahamas, whether for domestic consumption or export, and whatever its origin, meets the highest standards of food safety; (f) to provide advice, informmion or assistance to all enforcement agencies with responsibi I ity for any aspect of food safety or food trade; Page- 7 (3) (4) (5) Page - 8 (g) to serve as the National contact point and to distribute information received from th.e Codex Alimentarius Commission and other international or regional entities and coordinate the circulation of draft standards within The Bahamas and the collection of comments thereon from interested govc:rnmcntal and non-governmentol stakeholders; (h) t.o act as the coordinating body for the audit of food safety systems; (i) to advise the Committee on the preparation of draft food gafety and quality standards harmonized to international standards; 0) to promote and carry out consumer education regarding food safety and quality as well as other aspects of risk communication and to promote and encourage research in food safety; (k) to develop training programmes required to carry out the objectives of this Act; (I) to evaluate equivalence of sanitary measures taken by trading partners; and (m) to do all such acts as appears to be requisite, advantageous or convenient for or in connection with the carrying out of tl1e functions of die Food Safety and Quality Unil or to be incidental to the proper discharge and may carry on any such activities in that behalf either alone or in association witl1 any other person or body whether public or private. The Director shall have under his charge (a) a public officer appointed pursuant to section 13(] ); (b) any duly qualified person designated as an authorized officer under section 14(1). The Director shall develop and implement training programs, required to carry out the objectives of this Act, including, but not limited to (a) food safety systems; (b) (c) (d) analytical methods and laboratory quality assurance; risk based food safety for food businesses; and risk based inspection and food safety systems for food businesses. The Director shall have power for the purpose of carrying out its functions to do all such acts as appear to it to be requisite, advantageous or convenient for or in connection with the carrying out of jts functions or to be incidental to their proper discharge and may carry on any activities in thnt behalf either alone or in association with any other person or body whether public or private. 7. Powers of the Director. ( 1 ) The Director shall (a) regulate the limits or ban the prestince of additives and contaminants in food or animal feed~ (b) prohibit the production, harvesting, import, export or consumption of any food, where the Authority determines that •he food or any specified class or description of that food is dangerous or injurious to persons consuming the food. (2) The Director may (a) cause any food to be tested or examined as prescribed; (b) cause any food to be held or isolated in any place1 and prohibit the removal of food from that place for such time as shall be prescribed; or (c) require the disposal or destruction of any food in accordance with regulations under the Environmental Health Services Act (Ch. 232). (3) The Director shall, in consultation with the Bahamas Agricultural Health mid Food Safety Boa.rd, prepare a national food emergency ale1t plan, which shall be updated from time to time. (4) The national food emergency alert plan shal I be published in the official Gazette and shall give the Director the primary responsibility in the event of a food 0m0rgency. 8. Powers of the Minister. In the interest of public safety, the Minister may on the recommendation of the Director (a) by Order, prohibit the production, manufacture, preparation or sale of any food or any specified class or description food for a specified period; (b) stipulate conditions for tl1e production, manufacture, preparation or sale of any food or any speciGed class or description of food. FOOD SAFETY AND QUALITY SCIENTIFIC ADVISORY COMMITTEE 9. Establishment of the Food Safety and Quality Committee. (1) There is hereby established a Food Safety and Qualily Committee (liereafter referred to as "the Committee"). Page- 9 (2) The Committee shall be comprised of representatives from tl1e Ministries and public authorities which play a role in food safety, as well as representatives from the private sector as specified in the First Schedule. (3) The public authorities represented on the Committee shall designate members with a qualification or function related to food safety and quality as members of the Committee. (4) The membership of the Committee, the rules to be admitted as a member and the internal procedures of the Committee shall be prescribed by regulations. 1 O. Functions of the Committee. (1) The functions of the Committee are ( a) to advise the Director on food safety and quality matters, including those related to the production, manufacture, import, export, labelling and sale of food; (b) to advise on food-consumers protection and on emerging food safety and quality issues, including those related to street food vendi11g; (c) to provide assistance and advice to the Director on the formulation, review and implementation of a food safety and quality policy, including procedures for emergency response; (d) to propose and assist in the formulation lltld ame11dment of regulations, orders, food standards, codes of practice and notices under this Act; (e) to advise The Bahamas participation i11 the work of the Codex Alimentarius Commission and other international and regional e.ntities, including representation at meetings and to forge linkages with local, regional and intcmational entities; (t) to encourage consumer education regarding food safety and quality as we! I as other aspects of risk communication; {g) to, on its own initiative, discuss any matter connected with food in The Bahamas, and the Director shall report to the Authority on its discussions; (h) to serve as the NationaJ Codex Committee; and (i) to perform all other fu1Jctions assigned to it under this Act. (2) The Committee may, where necessary, establish ad-hoe or permanent sub committees to advise the Committee. Page-10 11. Appointment of Scientific Committee. (1} The Minister shall, on the advice of the Committee, appoint an independent scientific committee (to be known as "the Scientific Committee") to assist the Director in conducting food safety risk assessments. (2) The composition and functions of the Scientific Committee shalJ be as specified in the Second Schedule. 12. Functions of Scientific Committee. (1) In this section "risk analysis" means a process composed of risk assessment, risk management and risk communication in accordance witl1 internationally accepted procedures and standftfds. (1) The Scientific Committee shall be responsible for (a) evaluating, in response to official requests or Oil its own initiative, physical, chemical or biological risks to health arising throughout the food chain; (b) advising the Director on the appropriate measures to be taken to protect consumer safety; and (c) providing input into and developing proposed regulations or proposed rules on any subject matter within its mandate. (3) In carrying out its functions, the Scientific Committee shall take into account (a) the latest scientific research; (b) information on risk analysis from recognized intemationnl and national institutions and other infonnation regarding procedures, methods and means of production; ( c) the results of sampling and analysis; and (d) any other relevant data. (4) The Scientific Committee shall cooperate with the Director, the Food Safety and Quality Committee and all other relevant authorities regarding risks, risk factors and risk perception, and shalJ scientifically justify its decisions based on risk assessments. FOOD INSPECTORS 13. Food inspectors. (I) The Chairman of the Authority may designate a person who is serving as a public officer to carry out the functions of a food inspector. Pnge-11 (2) The Chairman shall issue a certificate of appointment to every perso11 under this section. 14. Designation of authorized officers. (l) The Bahamas Agricultural Health and Food Safety Authority Board shall, in consultation with the Minlster, in writing, and for a prescribed period, designate any duly qualified person, not being a pLtblic officer, as an authorized officer to perform ceitain specified functions cf a food inspector as shall be stipulated in writing. (2) The Director shall not delegate any of the following functions to an authorized officer (a) issuing any official documentation; (b) acting as an official liaison with other Ministries or foreign authorities or any notification responsibilities; (c) approving food standards or food safety measures; and (d) other functions as may be prescribed by regulations. (3) The Director sha11 issue to every food inspector and authorized officer an identification badge showing his designation and in the case of an authorized officer, the duration of his service shal! also be stipulated on his identification badge. (4) Any person with any actual or reasonably perceived interest in a matter or other action taken by the Director, whether such interest is direct or indirect shall not deal with such mal{er. (5) Where a person under subsection (4) becomes aware of such interest, he must notify the Director in writing within three days of becoming aware of such interest. (6) Upon receipt of the notice in subsection (S), the Director shall as soon as possible reassign such matter to another officer. 15. Duties and powers of inspectors. (1) An inspector may, at al I reasonable times, upon presentation of his identification badge, enter any place where he has reason to believe that food is produced, manufactured, pceserved, prepared, packaged, stored, sold, transported, imported or exp01ted and may Pagc-12 (a) examine any such food and take samples thereof for testing, and examine or test anything which the inspector has reason to believe is used or is capable of being used in such foods; (b) enter or examine any vehicle that he believes on reasonable grounds is used to carry food thnt contravenes this Act and examine any such food found therein and Cake samples thereof for testing; (c) stop and search any vehicle in which food is being or is reasonably suspected of being handled or stored or in which any other activity in connection witl1 food is being, or is suspected of being carried out; ( d) open and exain ine any receptacle or package that the inspector believes on reasonable grounds contains any food; (e) examine and make copies of or exlracts from any books, documents or other records found in any place referred to in this section that the inspector believes on reasonable grounds contain any information relevant to the enforcement of this Act; (f) seize and detain for such time as may be necessary any food or any article that is intended for sale and that is likely to be mistaken for that food unless the article complies with the prescribed food standard; (g) take photographs, conduct video taping or demand from the food business operator, the production of any records or any explanation with respect theretoi regarding the food business and the operation thereof, and where necessary, make copies or take extracts tl1ere from; (h) in the prescribed manner, examine, take samples, test or analyse any food, substance or other thing; (i) seal off access to or close the businessi where he has reasonable grounds to believe that the continued operation thereof can be injuriollS to public health; (j) read any measuring instruments installed on cite premises or use any other means necessary to record data generated iL1 that business; (k) determine whether any of the prnvisions of this Act are being violated; (]) ensure that proper food safety measures are being carried out; (m) examine and inspect food handlers and other personnel employed therein; (n) by notice in writing, prohibit the distribution or sale of food for the period specified in the notice, where he has reasonable grounds to believe that s.uch food is co11tamh1ated or unwholesome; (o) serve a suspension order or revocation order issued by the Director suspending or revoking the operation of a food business for the Page - l3 reasons stipulated in section 27 and shall stipulate reasons for such service; (p) inspect any operation or process carried out on such premises. (2) An inspector or peace officer may, without a wal'rant, apprehend any person who refuses to allow the inspector entry under subsectio;i { 1) and the inspector shall take him forthwith before a magistrate to be dealt with according to law. (3) A person apprehended under this section shall be taken with all practicable speed before a magistrate and shall not be detained without a warrant longer than is nec.essary for that purpose. ( 4) An inspector shall investigate an offence or alleged or suspected offence under this Act or any regulations and shall have all powers, privileges, protections and authorities conferred by law on a police officer for and in relation to the investigation of an offence. (5) Where it appears to an inspector that the food at a food business is unfit for human consumption; that the food is harmful or is likely to cause harm to human health, the inspector shall order the operator to remove the food for a specified period in order to take samples of the food for analysis and if the operator fails to do so, the food inspector shall (a) seize and seal such food, and issue a notice to the food business operator that the food or any portion thereof is for a specified period ohime not to be sold, removed, manipulated, tampered with or otherwise altered without the inspector's authorization; or (b) issue a written notice temporarily ordering the food to be removed to a specified place; (c) take samples of the food for analysis. (6) The food inspector shall immediately notify the Director where action is taken under subsection (5) in instances where it appears that any food is likely to harm or cause harm to human health. (7) The Director shall immediately give written notification to the relevant govcmmcntal and non-governmental entities so that all measures necessary to ensure the protection of consumers, including public warnings, recalls orders, marketing restrictions, marketing bans or othel' appropriate measrn-es, are carried out. (8) The inspector shall give a food business operator written notification of the results of the analysis under subsection (5) (c) and where the analysis shows that the food is unfit for human consumption, the food inspector shall order the immediate destruction of the food. (9) Within fourteen days of any action taken by the food inspector under subsection (5), the food inspector shall review the circumstances to Pagc-14 determine whether the circumstances that gave rise to the notice still exist. (10) Where the food inspector (a) determines that the circumstances no longer exists, he shall withdraw the notice, and where appropriate, allow the release of any food from the place where it is stored; (b) determines that the circmnstances still exists, he may order that any .such food be destroyed or disposed of so ns to prevent its use for human consumption, and shall supervise the destruction or disposal. (11) The costs of any action taken by the food inspector under this section shall be borne by the food bu:;iness ope1-ator. 16. Inspector to Issue notice. (I) Where an inspector takes any action or applies any food safety mcasme to implement this Act, he shaH prepare a written notice, and provide a copy to the operator of the business. (2) All food safety measures and actions shall be based on risk assessment. (3) Where no person is in actual occupation of a food business, or where the operator cannot be located, service of any notice under this Act shall be made by affixing tlie notice in a conspicuous place on the outside of the business, and such affixing shall be deemed good service of the notice. (4) It shall be an offence to remove or tamper with a notice issued under subsection (3). 17, Improvement notices. (1) Where an inspector has re.isonable grounds to believe that a food business is failing to comply with any regulations to which this section applies, lte shall, by written notice, hereinafter referred to 8S an "improvement notice'', served on the operatot' (a) state the inspector's grounds for believing that the operator is failing to comply with the regulations; {b) specify the mallers which constitute the operator's failure to comply; (c) specify the measures which the operator must tnke to remedy the failures referred to in paragraph (b )~ (d) require the operator to implement those measures, or measures which arc at least equivalent to them, within the time period as shall be specified in the improvement notice. Page. Js (2) The pl'Ovisions of this section shall apply to any regulations which may be made u11der this Act for the purpose of (a) requiring, prohibiting or l'egulating the use of any process or treatmc1.1t in the preparation of food; or (b) securing the observance of hygienic conditions and practices in connection with the carrying out of any process or treatment in the preparation of food. (3) Auy person who fails to comply with an improvement notice commits an offence. 18. Disclosure of information. (I) For the pmposes of this section, "information" includes any ite1n or thing relevant to the infonnation. (2) An inspector shall not disclose any information to a third party acquired in the performance of the inspector's duties unless otherwise ordered to do so in writing by the Director or by a cornt. (3) Notwithstanding subsection (2) a11 inspector may disclose information in accordance with the law to any of the persons under subsection ( 4) where the inspector is of the opinion that (a) there is a food safety risk; and (b) disclosure to any of those pel'sons is necessary to protect the health or safety of the public or that of an individual. (4) A disclosure under subsection (3) shall be made immediately to-: (a) a Minister for the purpose of the administration of this or any other Act dealing with public health or safety; (b) the Chief Medical Officer or medical officer where the risk occurs; or (c) any person whom the Director considers affected or may be affected by the risk or who may contribute to the prevention, reductioll or elim i11ation of the risk. (S) Su~ject to subsection (3), in any instance where an inspector obtains information from a person who asserts a claim that the information provided to the food inspector should be treated as a trade secret or as confidential business information, the Dii'ector, any person or entity to whom or to which the information is disclosed shall treat that infurmation as a trade secret or as confidential. Page- 16 LABORATORIES 19. Designation of laboratories. (l) The Minister shall designate an official laboratory which shall be operated by officers under this Act. (2) Notwithstanding subsection (I) the Minister may on the advice of the Directoi; designate any suitable laboratory as an "official laboratory" for the purposes of this Act. (3) No person who has any actual or reasonably perceived interest in a matter or other action to be taken by the Director, whether such interest is direct or indirect interest, shall act or perform any duties with regard to any such matter. (4) Where a person designated under subsection (I) becomes aware of such interest, he must notify the Director in writing within three days. (5) Upon receipt of a notice referred to subsection (4), the Director shall immediately trnnsfer the matter to another laboratory. PART Ill - STANDARDS FOR FOOD SAFETY AND QUALITY 20. Food standards. (]) Food standards shall be formulated or adopted by the Bureau of Standards in consultation with the Food Safety and Quality Committee based on relevant regional and international standards and such standards shall be declared a national standard by the Bureau of Standards. (2) The Director of Food Safety shall be responsible for tile enforcement of food standards. (3) Any person who prepares or sells any food for which there is a food standard and such food does not comply with that standard, commits an offence and shall be liable on summary conviction to a fine not exceeding five thousand dollars. 21. Traceability of food. (l) for the purpose of this section, ''traceability" means the ability to follow the movement of food through all stages of production, processing and distribution. (2) The operato1· of every food business shall establish a system to trace the origin and movement of food items. Page - 17 (3) Every operator must (a) be able to identify the source of all food, animal feed> or any substance intended to be, or expected to be, incorporated into food or animal feed; (b) be able to identify the businesses to which his products have been supplied; a1td (c) ensure that food and animal feed are adequately labelled with a batch identity to facilitate its traceability. (4) The information referred to in subsection (3) must (a) be recorded in the Food Register under section 22; and (b) be in a form that enables it to be made available to the competent authorities on demand. 22. Food register. The operator of every food business shall keep a register spccifying (a) the daily quantities of food produced, purchased, transported, distributed or sold; (b) the full name and address of each person (i) from whom food is bought; (ii) in the case of food distr-ibuted or sold in bulk, to whom it is distributed or sold; (iii) all persons employed therein; and (iv) such other particulars as may be required by the Director; (c) the type, make, model and licence number of each vehicle which transports food to or from the business; (d) the source of ingredients used in food production or food preparation; and (e) the type and quantity of packaging material used in the packaging of food. 23. Labelling and advertising. (I) No person shall offer for sale in The Bahamas any package of food unless the label thereon (a) is written in English; (b) specifies the product name; (c) specifies the date of manufacture and expiration; {d) permits the traceability of the food as prescribed in regulations; and (e) sets out such particulars as may be prescribed in regulations. Page - 18 (2) Where food that is not packaged is displayed for sale, it shall bear an identification mark. (3) The Director shall prescribe requirements for food advertising in accordance with applicable legislation. (4) Any foods not in compliance with the requirements under this section shall be confiscated by the Director. (5) Any person selling food in contravention of this section commits an offence and shall be liable to a fixed penalty as prescribed by regula!ions. 24. Responsibilities of medical practitioners and nurses. ( l) It shall be the duty of all medical practitioners and nurses to report eve1y incidence or suspected incidence of a food-related illness to the Director and the Chief Medical Officer on a regular basis. (2) Any person who fails to act in accordance with subsection (I) commits an offence and shall be liable upon summary conviction to a fine of three thousand dollars. PART IV - FOOD BUSINESESS OPERATORS REGISTRATION REQUIREMENTS FOR FOOD BUSINESSES 25. Requirements for operation of food businesses. (l) No person shall operate any pl'cmises as a food b\\siness nnless (a) the premises are registered as a food business; (b) the business has in place food safety systems; and food safety standards~ and (c) the business meets all requirements under this Act. (2) Any person who operates a food business without being registered commits an offence and is liable to a fixed penalty as prescribed by regulations. 26. Registration of food businesses. (I) Any person who is desirous of operating a food business shall (a) make an application to the Director to be registered using the prescribed form; and (b) pay the prescribed foe. (2) Notwithstandiug subsection (!), n person who is desirous of operating a food business that cultivates food or rears animals for food shall make Page-19 application to be registered under the Plant Protection Act or the Animal Health and Production Act respectively. (3) Once an applicant under subsection (1) satisfies the requirements for registration, the Director sha!l (a) registerthe business; (b) issue such business a certificate of registration, with a unique identification number, specifying such terms and conditions as the Director deems necessary. (4) Where the application is denied, the Director shall inform the applicant of the reasons in writing. (5) A certificate of registration shall be valid for a year and subject to renewal upon payment of the requisite fee. (6) The grant of a certificate of registration shall be a pre-condition to the issuance of a business licence under the Business Licence Act (No. 25 of 2010). 27. Suspension or rev()cation of certificate of registration. (l) {2) (3) Page-20 Where an operator fails to (a) observe any provision of this Act; or (b) (c) observe the terms and conditions of a certificate of registration; or has been convicted of an offence under this Acl, the Director may order the immediate suspension or revoc.atkm of the registratiou. If the Director proposes to suspend or revoke the registration, he must (a) give tl1e operator notice in writing of the proposal; (b) give written reasons specifying the grounds for the proposal; and (c) invite the operator to show cause why the Director should not proceed as proposed. Where the Director has ordered the immediate suspension or revocation of the registration ( a) tlie operator shall immediately cease all operations of the business until further notice; (b) he shall stipulate the actions that the operator must take to in order to resume operations. DUTIES OF FOOD BUSINESS OPERATORS 28. Food Handler1s Certificate. (l) For the purposes of this section, a "food hm1dler" is a person whose duties bring him in contact with food, whereby such handling may render 1hc food unsafe for human consumption". (2) No person shall employ an individual to handle food (a) within a food business; or (b) within a street food vending business under section 33, unless the person so employed is in possc.ssion of a food handler's certificate issued to him by the relevant enforcement agency under rule 77 of the Heath Rules (Ch. 231). (3) No person shall work as a food handler without being in possession of a food handlers certificate. ( 4) A Food Handler's Certificate may be suspended or revoked where (a) the certificate holder is found to be suffering from a communicable disease; (b) information given by the food handler in relation to his application is false; (c) the food handler is in breach of the Act or Regulations made thereunder; or (d) tl1e holder requests its re\location. (5) A person who contrnvenes subsection (2) or (3) commits an offence. 29. Certificate of sanitation. (1) No person shall operate a food business unless he is in possession of a certificate of sanitation signed by an inspectol' stating the the business can be conducted. (2) Such certificate shall be renewable annually provided the food business js being operated in a satisfactory sanitary manner. (3) If the business fails to maintain the premises in a satisfactory sanitary manner~ the certificate shall be revoked at the instruction of tl1e Direetor. 30. Duty of operator to conduct proper operations. (l) A food business operator shall ensure that the preparation> processing, manufacturing, packaging, storage, transportation, distribution, handling and offering for sale or supply of food is carried out in accordance with this Act and regulations made thereunder. Page- 21 (2) The operator shall (a) prominently display in a conspicuous place, the certificate of registration issued by the Director under section 26; (b) ensure that the premises used for 1hc preparation, sale, exposure or storage of food is constructed in accordance with the Building Code of The Bahamas; (c) ensure the proper keeping of records required to be kept under this Act~ (d) implement appropriate food safety systems in accordance with best practices, and ensure that such systems are available for audit by the Director when required; · (e) ensure that all food handlers receive training in food safety and hygienic practices; are monitored to ensure compliance with food safety and hygienic practices and are in possession of a food handlers certificate as specified under section 28; (f) inform the Director and consumers regarding actual or potential food safety risks. 31. Duty of operator to cooperate with inspector. During an inspection of a food business, the operator or an employee of the business shall ( a) provide assistance or cany out instructions as may be r~asonably necessary 10 facilitate the exercise of the food inspector's functions or to implement the provisions of this Act; (b) provide all information as may be reasonably necessary in connection with the furtherance of the enforcement of this Act; (c) have the right to (i) accompany the inspector throughout the inspection; (ii) request the inspector to provide written reasons for the actions taken during an inspection. 32. Duty of operator to report suspicion of risk. (l) Where an operator suspects that a person who Page · 22 (a) is employed within his business; (b) supplies food to his business; (c) lives on the premises housing his food business, is suffering from an infectious or communicable disease, the operator shall immediately notify the Director of the name and address of the employee or person; and the circumstances which gave rise to the suspicion. (2) The Director shall require a person to whom a notification under subsection (1) relates) to submit to a medical examination by a registered medical practitioner to certify whether or not the person is suffering from an infectious or comnrnnicablc disease likely to contaminate food. (3) Where the medical practitioner certifies that the person is suffeting from a diseose likely to contaminate food, the Director may, for the purpose of safeguarding the public health, by notice in writing (a) cancel or suspend that person's Food Handler's Certificate; and {b) prohibit the person from working in the business. (4) Any person who continues to handle food contrary to the provisions of subsection (3), commits an offence and is liable on summary conviction to a fine not exceeding .seven thou.sand dollars. 33. Street food vending. (I) For the purposes of this section "street food" means raw or cooked food prepared and sold outside of established premises; "street food vending'' means preparing and selling raw or cooked food outside of established premises either from (a) a vehicle, or (b} a tray, container or other article used to move food from one place to another. (2) A person who is desirous of engaging in street food vending, whether permanently or temporarily, shalJ apply for (a) a food vendor permit from the relevant enforcement agency; and (b) make application and pay the prescribed fee to the Director for a certificate of registration and a badge to indicate such registration, and any person who contravenes this section, commits an offence and is liable to a fixed penalty as prescribed by regulations. (3) The application under subsection (2)(b) shall be accompanied by two recent photographs of the applicant and any other particulars which the Director may require. (4) Once tl1e applicant satisfies the requirements for registration as set out in Ute prescribed form, the Director shall (a) register the street vendor; and Page-23 (b) issue a ce1tificate of registration and a badge to show that he has been registered and while street vending) a person shall at all times prominently display the badge on his clothing. (5) A cc1tificate of registration and a badge shall ( a) be valid for a year and subject to renewal upon payment of the requisite foe; and (b) where an application for their renewal is made before their expiration date, continue to be force until the effective date of the grant or refusal of a certificate of registration and badge. (6) Wh.ere the application is denied, the Director shall inform the applicant of the reasons in writing. (7) A certificate of registration issued under this section shall be a pre condition to the issuance of a business licence under the Business Licence Act (No. 25 o/2010). 34. Recall of food products. (1) The Director may initiate recall procedures for imported, exported or domestically produced food products ( a) for analysis or destruction if he nas reason to believe the product is hazardous or if the product is hazardous; (b) if the product is not in compliance with this Act or any regulations made thereunder. (2) Aii operator having possession, custody or control of a hazardous food product shall be held liable> notwithstanding his action against food business operators responsible at previous stages of the food chain. (3) When a product is recalled, the Director shall notify ( a) the supplier of the product; (b) the competent authority of the country from which the product was imported or the country to which the product was exported; and (c) the relevant international organizations. (4) Upon receiving a recall notice from his supplier, an operator shall Pagc-24 (a) immediately infonn the Director and initiate recall of the food product for disposal; (b) advise the Director of actions taken to protect the consumer; (c) comply with all directives issued by the Directol'; and (d) liaise with the supplier from whom the food product was imported or to whom the product was exported. (5) Where the operator fails to take action under subsection (4), the Director will carry out such actions, and the openuor shall bear the costs of carrying out those act[ons. {6) An operator shall comply with all conditions and guidelines related to food recall procedures as prescribed by regulations. PART V - IMPORT AND EXPORT OF F00D 35. Import of food. (1) No person shall import into The Bahamas any food unless it is (a) accompanied by an impo1t permit, ce1tificate of origin and where applicable, a sanitary certificate or a phytosanitary certificate; (b) meets the labelling requirements under section 23; (c} meets the traceability requirements under section 21; (d) meets any other requiremeim under this Act; and ( e) is h1spectcd at the port of entry or exit, as the case may be. (2) Notwithstanding subsection (I), the Director may not require an importer to meet the requirement under subsection ( 1) (a). (3) Where no food standards exists for a food product, the Director, in collaboration with the Committe.c, may prescribe impo1t requirements based on risk assessment. ( 4) A customs officer shall ( a) promptly notify the Director of the arrival of any food in The Bahamas; and (b) not release or dispose of imported food unless so authorized by the Director. 36. Inspection of imported and exported food. (1) An inspector may inspect food impo1ted into or exported from The Bahamas and, for the purposes of inspection or analysis thereof, take samples of the food. (2) Where samples are taken under subsection (I), the food inspec.tor (a) shall in the presence of the importer or exporter, seal and mark the samples as prescribed; and (b) may according to the prescribed regulations and proccdures (i) release the food for distribution and sale or for export; Page-25 (ii} detain the food and issue a written notice temporarily ordering its removal to a specified place; (iii) issue a written notice ordering the re-export of the imported food; (iv) issue a written notice ordering the destruction of food intended for export; (v) where the operator fails to comply with notice issued under paragraphs (iii) or (iv), immediately destroy the food. (3) Any food detained or removed m1der subsection (2)(b) shall not be released to the importer or exporter except upon production of an official analyst certificate indicating that the food complies with the requirements of this Act. (4) The costs of inspection, transport, analysis, storage, re-export or destrnclion of food Lmder this section shall be borne by the impo1ter. (5) Where the imported food lies unclaimed for a prescribed period after its entry into or transit through The Bahamas, or after any treatment thereof, the Director may take action to destroy or dispose of it. (6) The Govemment shall bear no liability for actions taken in good faith for the destruction or disposal of food imported or exported in contravention of this Act. 37. Duties of importers and exporters of food. All importers and exporters of food shall, not late!' than 11inety days after the end of the operating year, submit to the Director in tl1e prescribed form a report relatiug to tl1e activities carried out i11 the previous calendar year including (a) types and quantities of food imported or export6d; (b) (c) data concerning shipments of food; food found by the Director not to be in compliance with the statutory requirements ofTlie Bal1amas; ( d) a summary of any incidents or accidents that may have occurred and any action taken regarding food found not to be safe for export; (e) any other matter the Director may require. 38. Refabelling and reconditioning. (l) Subject to the provisions of subsection (2), the importation of any food which does not comply with the provisions of this Act is prohibited. (2) Where any food sought to be impo1ted into The Bahamas would1 if sold in The Bahamas, constitllte a contravention of this Act, the Director may Page· 26 nonetheless permit its importation solely for the purpose of relabelling or reconditioning as prescribed. (3) In the event that any relabelling or reconditioning authorized under subsection (2) is not carried out within the prescribed time period, the Director shall cause the importer to re-export or destroy ctuch food at his expense. (4) Where an importer fails to re-export or destroy imported food as required under subsection (3), the Director may order the dest111ction of !he imported food. (5) The costs incurred under subsection (3) shall be borne by the importer. PART VI - OFFENCES AND PENALTIES 39. Offences and penalties. (I) A person who sells any food that (a) contains any poisonous or harmful substance; (b) is unwholesome, or is otherwise unfit for human consumption; (c) is adulterated; or ( d) is injurious to human health, commits an offence and shall be liable on summary conviction to a fine not exceeding seventy five thousand dollars and based on the severity of the hazard shall be subject to having his licence suspended or revoked. (2) In determining whether any food is injurious to human health in subsection (1), due regard shall be given not only to the probable effect of such food 011 the health of a person consuming it, but also to the probable cumulative effect of food of substantially similar composition on the health of a person consuming such food in ordinnry quantities. (3) A person who {a) prepares, stores, handles or sells food under unsanitary conditions; (b) fails to establish and implement a traceability system in accordance witb this Act; (c) imports, exports, produces, manufactures, prepares, stores or sells food contrary to the provisions of this Act; ( d) fails to follow the applicable hygiene code; ( e) fails to ensure that all person11el of a food business follow prescribed procedures; Page-27 ({) for the purpose of effecting or promoting the sale of any food, publishes or causes to be published an adve1tisemenl which is false or misleading, commits an offence and shall be liable on summary convictio1~: to a fine not exceeding seventy five thousand dollars and may be subject to having his licence suspended or revoked. (4) A person who {a) operates a food business without any license or permit under this Act or by any other legislation in force in The Bahamas, constructs a food business except as prescribed by the Building Code of The (b) (c) (d) (e) (f) (g) Bahamas, or fails to submit a report under this Act; attempts to improperly influence an inspector or authorized officer in the exercise of his official functions under this Act; poses as an inspector or authorized officer; fails to provide access, samples or information to nn inspector or authorized officer upon request> gives false informatibn to au authorized officer, or otherwise fails to comply with an order or improvement notice lawflllly made under this Act; tampers with any samples taken under this Act or breaks ally seal or alters any markings made by an authorized officer without permission; alters, forges, defaces, or destroys any document issued under this Act or knowingly or recklessly provides information which is false, for the purpose of obtaining any document under this Act; or packs or labels any food in a manner which is false or misleading, or does not follow the prescribed rules for labelling, commits an offence and shall be liable on summary conviction to a fine of not exceeding seven thousand dollars. 40. Offences by food inspectors. (1) Page· 28 A food inspector or authorized officer commits an offence ifhe (a) seizes food for any reason other than those prescribed in this Act; (b) (c) (d) discloses any informatio11 acquired in the course of exercising his official functions under this Act, except where required to do so by his supervisor or by a court; accepts any monetary or other benefit from a person affected by any of his actions under this Act; or otherwise acts outside the scope of his duties, and shall be liable on summary conviction to a fine not exceeding three thousand dollars. · (2) Upon conviction for an offence under subsection (I), an inspector shall be liable to dismissal or in the case of an authorized officer he shall cease to function as snch and the inspector and authorised officer may be ineligible for reappointment. 41. General penalty. (1) A person who fails to carry out or contravenes any of the provisions of this Act or any regulations made thereunder is guilty of an offence and where there is no specific penalty provided, is liable on summary' conviction to a fine not exceeding seven hundred dollars and in the case of a second offence or subsequent offence, to a fine not exceeding three thousand dollars. (2) In the case of a continuing offence, the offender is liable io a further fine not exceeding five hundred dollars for each day that such offence continues after the date of conviction thereof. 42. Fixed penalty offences. (l) Notwithstanding anything to the contrary in this Act or any other applicable law, where an inspector has reasonable grounds to believe that a person is committing or has committed certain minor offences, che food inspector may then and there serve notice in writing upon the alleged offender charging him with the commission of the offence. (2) The food inspector shall at the time of the service of notice referred to in subsection ( l ), inform the alleged offender that he shall ( a) appear before a magistrate on the date specified; or (b) in accordance with procedures set out in subsections (3) and (4) of this section, pay the fixed penalty, in lieu of appearance before a magistrate. (3) An alleged offender who chooses to pay the fixed penalty referred to in subsection (2)(b) shall (a) within seven days of the date of the notice, sign the notice in acknowledgement of guilt and return it, together with the sum cited therein, lo the Magistrate's Court; (b) be treated for all purposes in \aw r,s a person who has not committed, been charged with, prosecuted for, convicted of or sentenced for the offence in respect of which payme:it was made. (4) The admission of guilt and che fixed penalty paid under this section shall be dealt with by the magistrate in the same manner as adjudication in Page- 29 court of an offence punishable on summary conviction and for which no conviction is recorded. 43. Offences by corporate entities and penalties. Where an offence under this Act or regulations has been committed by a body corporate and is proved to have been commitled with the consent or connivance of, or to be attributable to any neglect or default on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who is purpo11ing to act in any such capacity, such director, manager, secretary or other officet· as well as the body corporate is guilty of that offence and is liable to the penalty prescribed by this Act for that offence, 44. General provisions for prosecutions under this Act. (1) Subject to the provisions of Article 78 of the Constitution, proceedings fur an offence under this Act shall not be instituted except (a) by or with the consent of the BAHFSA Board> or (b) by an inspector or other office!' authorised in that behaJf by special or general directions of the Board. (2) Any such inspector or otl1cr officer may, although not a counsel and attorney, prosecnte or conduct before a court of summary jurisdiction any such proceedings as aforesaid. 45. Forfeiture. Upon the conviction of any person for any .offence un<ler this Act, the court may, jn addition to any other sentence imposed, declare nny food, appliance, product, material, substance or other object in respect of which the offe11ce has been committed or which was used in conn~1:tion with the commission of the offence forfeited to the Government and disposed of as the court may direct. PART VII - MISCELLANEOUS 46. Confidentiality. No person carrying out functions under this Act shall disclose any information acquired in the performance of his official duties except as directed to by the Director or by a court. 47. Duty to assist and cooperate. Customs, port, airport, airline, postal, shipping, police, consumer protection, and local autl1orities shall assist inspectors and authorized officers in the Page- 30 petiormnnce of their fnnctions under tilis Act by providing such facilities and assistance as the Directol' may request from time to time. 48. Right of appeal. (I} Any person aggrieved by an action or decision, of an an inspector or authorized officer under this Act may within the forty-eight hours of the action or decision, appeal, in writing, to the Director. (2) An appeal shall lie to the Sanitary and Phytosnnitary Appeal Tribunal within forty eight hours of the decision of the Director. (3) An appeal shall lie within seven days to the Supreme Court on a question of law from a decision of the Appeal Tribunal which otherwise shall be final on technical issues. 49. Good faith defence by public authorities. No person shall be liable to suit or to prosecution in respect of anything done in good faith in the performance of his official functions under this Act. 50. General defences. (I) In any proceedings for an offence under this Act it shall be a defence for the accused to establish that he could not, with reasonable diligence> have ascertained that the sale of the food would contravene this Act. (2) It shall be a defence that (a) someone could not reasonably have ascertained that packaging or labelling was false or misleading; (b) a pel'son whose business it is to publish or broadcast. or arrange for the publication of advertisements, received the offending material in the ordinary course of business and did not make any material alterations to it. 51. Presumptions. (1) In any proceedings under this Act, a ce1iificatc of analysis purporting 1o be signed by the Director or head of an official laboratory shall be accepted as primafacie evidence of the facts stated therein, provided that (a) the party against whom it is produced may require the attendance of the head of official laboratory or the analyst who performed the analysis, for the purpose of cross examination; (b) no such certificate shall be admissible in evidence unless the party intending to produce it has, before the trial, given the party against Page-31 whom it is intended to be produced reasonable notice of such intention together with a copy of the certificate. (2) Evidence that a package containing any food to which this Act applies bore a name, address or registered trademark of the food business operator or food business, by which it was produced, manufactured or packed, shall be prima facie evidence that such food was produced, manufactured or packed, as the case may be, by that business or operator. (3) Any substance commonly used for human consumption, if sold or offered for sale, shall be presumed, until the contrary is proven, to have been sold or to have been intended for sale or to be intended for sale for human consumption. (4) Any substance commonly used for human consumption which is found on premises used for the preparation, storage or sale of that substance, and any substance commonly used in the production or manufacture of food for human consumption which is found on premises used for the preparation, storage or sale of that food, shall be presumed, until the contrary is proven, to be intended for human consumption. (5) Where any person demands any food by a name prescribed for a food for which there is a prescribed standard, the person shall be deemed to have demanded food which complies with that prescribed standard. 52. Regulations. (l) The Minister may, on the advice of the Bahamas Agriculniral Health and Food Safety Board and in consultation with the Director, make regulations for the purpose of carrying out the provisions of this Act and without prejudice to the generality of the foregoing, such regulations may Page- 32 (a) impose requirements for and otherwise regulate thc (i) preparation, handling and serving of food; (ii) packaging, Jabeling, marking and advertising of food; and (iii) manufacture, transport, storage and sale of food, including food that is organically produced, genetically modified; diet foods, and food intended for infants and other population groups; (b) (c) impose requirements for and otherwise regulate the importation and exportation of processed food; prescribe standards for the preparation and handling of food or any of the ingredients of such food; (d) prescribe food standards, including setting limits for contaminants in foods; (e) approve and audit self imposed industry standards for specific foods; (f) provide for the inspection, examination, sampling, analysis, testing, certification, treatment, seizure, condemnation or destruction of food; (g) prescribe standards, including public health standards, for tile inspection and maintenance of food manufactories; food markets; slaughterhouses; food processing and packaging facilities; dairies; restaurants; food retailers and food wholesalers, street food vendors; and vehicles which transport foods; (h) prescribe the locations from which street food vending can be conducted and prescribe the specifications for vehicles and other articles used for street food vending; (i) prescribe the grounds and the procedures applicable for the approval, denial, suspension and revocation of certificates of registration and permits issued under the authority of the Director; (j) prescribe food ll'accabi!ity systems to ascertain all places of origin and destination of food or any thing used in or related to a food business including requiring persons who come into contact with the food, to identify themselves and to maintain records and other documenls with respect to theroseh•es in the prescribed manner and at the prescribed times; (k) prescribe the procedures to be followed by authorized officers, and official laboratories in the exercise of their functions under this Act; {I) prescribe tees and cost recovery mechanisms for the purposes of this Act; (m) the qualifications, education, training and certification that a food inspector or authorized officer is required to have in order to exercise powers or carry out duties und6r this Act; (n) the offences that will be subject to a fixed penalty; and (o) any other matter required or permitted by this Act to be prescribed, or necessary or convenient for carrying out or giving effect to this Act. (2) Any Regulations made pursuant to subsection (1) shall be published forthwith in order to comply with obligations under the SPS Agreement. 53. Functions of Minister responsible for Health. Nothing in this Act shall be construed as affecting or derogating from the functions of the Minister responsible for Health. Page -33 54. Savings. (I) Any statutory, rules or orders under the Food Act (Ch. 236) shall remain in force unless and until specifically repealed. (2) The Food (Seafood Processing and Inspection) Regulations shall fall under this Act and shall be known as the Food Safely and Quality (Seafood Processing and Inspection) Regulations. 55. Repeal and conflicts. (l} The Acts mentioned in the first column of the Third Schedule are amended to the extent specified in the second column of the Third Schedul~. (2) In the event of any conflict or inconsistency belween the provisions of this Act and any other enactment in force, !he provisions of this Act shall prevail. FIRST SCHEDULE (section 9) Food Safety and Quality Committee. (1) The Food Safety and Quality Committee shall consist of seven persons, six of whom shall be selected according to their qualifications and appointed by the Minister (a) the Director of Food Safety and Quality, ex officio; (b) one representative from each of the following: (i) Ministry responsible for Agriculture; (ii) Ministry responsible for Marine Resources; (iii) Environmenlal Health; (iv) Ministry responsible for Health; (v) Bureau of Standards; (vi) a food processor or food manufacturer, (2) Wl1ere the qualifications of the appointed members do not reflect the following fields: (a) food science and technology; (b) food production; (c) agricultural science and animaJ health; (d) food marketing and trade; (e) legal or administrative affairs, (f) public health, Page -34 the Minister may appoint up to three additional members to ensure the Committee reflects these areas of expertise to the greatest extent possible. (3) The Food Safety and Quality Committee shall act as a quorum of five and the views of the Committee shall be recorded. SECOND SCHEDULE (section 11) Scientific Committee (1) The Scientific Committee shall consist of seven independent scientific experts. (2) The Committee shall chose a Chairperson from its members. (3) Any additional persons shall be co-opted as needed. (4) The Committee shall act by a quorum of four and the views of the Committee shall be recorded. (5) The Committee can establish sub-committees and also include external experts. (6) The Committee cm1 invite relevant industry and consumer representatives in its deliberations. (7) Committee members should serve for two years and are eligible for reappointment for a fu1ther period of two years. Law Peoal Code (Ch. 84) Health Services Rules (Ch. 231) THIRD SCHEDULE (section 55) REPEAL Amendment Delete sectio11 493 !n Rule 102(2) delete the words, "Aerated and Mineral Water Factories"; "Fish Mongers"; "lee Cream Manufactories"; Page-35 Environmental Health Services Act (Ch. 232) Food Act (Ch. 236) Page-36 "Restaurants"; "Bakeries"; "Dairies"; and "and vendors of soft drinks, ice-cream, candies, fried fish and cookies". In the long title, delete the words "for proper sanitation in matters of food f.llld drinks and generally," Delete section 11 In section 17(1 )( d), delete paragraph { d) Repeal the entire Act