Public Health Act, 1986 (Act No.15 of 1968)

(a) the prevention, treatment, limitation and ses, whether occupied or not, for any suppression of disease, including the con- of the purposes of this Act, either with duct of investigations and inquiries in or without the consent of the owner and respect thereof; subject to the provisions of any other

(b) the publication of reports, information Act or Ordinance to determine the and advice concerning public health, amount of, and pay compensation there- including advice to the Government, and for; the education or the public in the pre- (d) to make such orders and issue such direc- servation of health; tions as he deems advisable for the

(c) the abatement of nuisances and the re- abatement of a nuisance or the removal moval or correction of any condition of any condition which, in his opinion, that may be injurious to the public health; is or may become injurious to the public health, including structural alterations

(d) the importation of foods and drugs, the or repairs to premises necessary therefor sale and conditions of sale of foods and or in respect of any other matter that, in drugs in the interest of public health, and his opinion, is necessary for the purpose the prevention of fraud or deception, the of this Act. seizure and destruction or foods and Delegation of (2) The Minister may, in writing, delegate to a duties, powers drugs that do not com ply wi: h the provi- municipal council authority to exercise, carry out and and functions of sions of this Act: and perform within the geographical area of such council, the Minister, such of his duties, powers and functions under this Act

(e) the administration this A:t. as he deems advisable and on such terms and conditions as he may »rescribe, Exercise of the 4.-(1) In the exercise of the foregoing duties, duties, powers and functions of powers and functions, the Minister shall h.rve power- 5, The Minister may establish health or sanitation Establishment health and sani- of the Minister. districts for Dominica, fix the boundaries thereof and tarion districts. (a) to enter into or upon any premises, with assign duties and functions in relation thereto to such or without the consent of the ow net or officers as deems necessary. PUBLIC HEALTH ACT 15 49 48 1968 PUBLIC HEALTH ACT 15 1968 Establishment of 6.-·(1) The Minister may establish boards and (2) Subject to subsection (1) of this section boards and committees to assist and advise him on matters relating such officers may take such steps as are necessary for committees. to his duties, powers or functions under this Act. Such the execution and administration of this Act, the boards and committees may be established for the Regulations and of any rules, 0 r de r s or directives whole of Dominica or for any specified area or areas made or given by the Minister or the Chief Medical thereof as he may from time to time deem necessary, OJficer and such officers may call upon any person to He may delegate to such boards and committees such lend such asvistance as may be required in the exercise duties, powers and functions as he deems advisable. thereof. Powers of muni- 9. A municipal council to which duties, powers cipal council to (2) Any board or committee so established and functions have been delegated by the Minister which functions shall consist of such persons as in the opinion of the have been under the provisions of this Act, shall, subject to such delegated. Minister are representative of some aspect of public terms and conditions as are specified in such delegation, health and, without limiting the foregoing, may include do all things necessary for the carrying out of those representatives of agriculture, labour, management, education, women's organizations, medical or para- duties, powers and functions; and the provisions of medical professions and municipal councils. section 8 shall mutatis mutandis extend to and include any officer in the employ of such municipal council who is authorized thereby to carry out a duty, power (3) Members of such boards or committees shall be appointed by the Minister to hold office during or function :/) delegated. pleasure for a period not exceeding three years but Regulations. 10. The Minister, with the approval of the Cabinet, any person so appointed shall be eligible for re-appoint- maY make Regulations for the proper execution and ment. carrying out of the purposes and provisions of this Act generally and in particular with respect to the following Appointment uf 7. There shall be appointed in manner authorized Public Health matters - Officers. by law for the purpose of this Act a Chief Medical Officer as well as such Med ical Officers of Health, (l) defining specific words and phrases for Public Health Nurses, Public Health Inspectors or the purpose of this Act and the Regula- other public health officers as may from time to time tions; be required for the administration of this Act and the Regulations. (2) prescribing forms; (3) respecting the duties and functions of Powers and func- 8.-(1) Except as the Minister mav otherwise direct, officers and prescribing qualifications tions of the Min- ister may be the Chief Medical Officer is authorized to carry out, therefor; carried out by the exercise and perform the duties, powers and functions Chief Medical Officer and other conferred on the Minister under this Act and every (4) for the making and amending of Schedules officers of health. Medical Officer of Health, Public Health Nurse, Public to this Act or to any Regulation dealing Health lnspector or other public health officer shall with Public Health; carry out, exercise and perform duties, powers or functions under this Act as required by the Minister or (5) for the prevention, treatment, mitigation and suppression of disease, and, without the Chief Medical Officer and in so doing shall be limiting the generality of the foregoing- deemed to act under the authority thereof. so 1968 PUBLIC IlEAl_Til ACT 15 1968 PUBLIC' flEALTH ACT 15 51 ------, .. (a) establishing a schedule OT schedules (g) the treatment of persons who are of diseases including communi- infected with communicable dis- cable di.scilSCS, notifiable diseases ease or disease daTH!CrOUS to the or other diseasc-, <Jangerous to the public health, including the obser- pubjiL'hc,lJlh; ~ vation of persons suspected to be so (b) the n:p"rlng of cases or suspected infected and the remo val of persons cases of communicable or notifi- from unhealthy houses or who are able JiS<.."bl.:; living in congested, or under un- healthy circumstances; (c) the supplying of medical aid, ac- til) regulating the entry or departure commodation and medicine and b) aircraft, boat or ship to or from such other articles or things as places in Dominica and the land- may be necessary for preventing, ing and disinfect jon of passengers mitigating, controlling or sup- or cargoes thereon; pressing an epidemic or any com- (i) inspections and house: to house municable or other disease; visitations by officers as may be (d) (0 the removal, keeping in charge necessary for the control, preven- or under surveillance of per- tion, mitigation or suppression of sons living in localities which disease; are declared by the Minister (j) the compulsory vaccination or in- H) :x~ infected localities: oculationof persons residing in or entering Dominica not already (ii) preventing persons or con- vaccinated or inoculated or not veyances passing from such a sufficiently protected by previous locn to ,! ny other locality; vaccination or inoculation and the and supply and quality of vaccine (iii) detaining for inspection or matter and serum; disinfection persons or con- (k) t 11 e compulsory examination by vevances that have been ex- clinical and bacteriological or other posed to infection: methods and by specified tests of persons and, if necessary, the com- (e) the cleansing, purification and dis- pu\sory treatment and detention of infection of places and things used persons infected or suspected of be- by persons suffering from a com- ing infected with any communica- municablc disease: ble or notifiable disease or disease dangerous to the public health;

(f) the establishment (If quarantine or (l) the dosing of schools, churches isolation hospitals and the placing and places of public assembly or therein of persons having a com. entertainment for the purpose of municable disease or any disease pre ve n tin g or controlling the dangerous to the public health; spread of disease; 52 1968 PUBLIC II . :.T1I ACT 15 1968 PUBLIC IIEALTI1 ACT 15 53 -_.,,----------------- (m) the location, construction, inspec- (I 0) for the protection of water from infection tion, control, licensing, operation and pollution and, without limiting the and maintenance ornursing homes, generality of the forgoing, for mat e r 11 i t Y homes, convalescent homes, private hospitals, homes (a) the inspection and approval of sour- for children, for the aged or infirm, ces of supply and the conditions, if and homes for physically or men- any, on which such approval is tally handicapped persons; granted; (n) the protect ion of the health of per- (b) the testing and analysis of water; sons exposed to conditions, sub- stances or processes which occur in (c) the construction, alteration, main- any industry or occupation and tenance and the purification of water which may be injurious to health; supplies and water distributing sys- (0) quarantine or other measures to tems; be taken by and in respect of per- sons suffering or suspected to be (d) the supervision and control of any suffering from any communicable river, stream, spring or part thereof or notifiable disease; contributing to a public water supply; (6) for preventing the overcrowding of pre- (e) the regulation and prohibition of mises used for human habitation, or persons bathing, washing clothes, business purposes the amount of floor cleaning vehicles, utensils or animals and air space for each occupant thereof at or in any river Of stream or spring and the lighting and ventilation of such or part thereof contributing to a premises; public water supply; (7) respecting the site, construction, plumb- (/) prescribing or limiting the purpose ing, . sewage disposal and sanitary con- for which water may be used and ditions of buildings used for human prescribing or defining the manner habitation or for business purposes and in which it shall be used and dis- for the periodical inspection thereof; tributed;

(g) the disposal of waste water and (8) respecting the location and construction effluents: of water closets, cesspools, privies, drains, sew age systems, sewers and their ( J 1) respecting matters or conditions which cleansing; shall be deemed to constitute a nuisance, the prevention, abatement or removal of (9) for the inspection, cleansing, purifying, nuisances and unsanitary conditions on ventilating and disinfecting of premises by public OJ private property which ale or the owners, occupiers and persons having may become injurious to the public care and charge thereof; health; 54 1968 PUBLIC IlEA LTII ACT 15 1968 PUBLIC HEALTH ACT 15 55 (12) for the sanitary disposal of garbage and human consumption, the manner of other waste mattcr, including - slaughter, the construction, conduct, con- trol, cleanliness, maintenance, licensing (a) the fixing rimes Cur collection and and inspection of places used therefor, in- removal; cluding the enclosures thereto 01 in (b) the method uf removal and disposal; connection therewith; (c) the place disposal: (18) for the examination of animals and poul- try before or after slaughter and of meat (d) the duties ('If owners and occupiers of thereof and the actions to be taken re- premises in relation to the disposal of sulting from such examination; garbage :ilid waste matter ; (19) for the medical examination and registra- (13) respecting the licensing of a person, place tion of persons engaged in the slaughter or institution Cor the carrying on of any of animals or poultry; business, occupation or undertaking that is or is made subject to the regulations, in (20) for the disposal of dead animals, including respect of the matters to which it is so the imposing on any authority or person subject, the fixing of the licence fee there- the duty of disposing thereof; for, the period thereof, and for the can- cellation, revocation or suspension of any (21) for the control and destruction of rodents, such licence; mosquitoes and other insects, termites -and other vermin, and for the licensing (14) respecting the licensing of persons to and control of persons engaged in the practice any branch of the healing art not business of their destruction; otherwise specifically provided for under any other law; (22) respecting dairies and any premises where any business in relation to the production, (15) respecting the method of the carrying on sale, delivery or distribution of milk is of a trade, business or manufacture that carried on, including the construction, may become offensive or that by the equipping, maintenance, licensing and regulations is declared tn he offensive or inspection of such places; that may affect the public health; (23) respecting the pasteurization or milk; (16) respecting the keeping of domestic ani- mals, including dogs and poultry, and the (24) for the inspection and testing of cattle and places where such animals mayor may goats, the milk of which is intended for not be kept and the control or supervision sale for human consumption; to be exercised hy the owner; (5) prescribing measures to be taken for the (1 7) respecting the slaughtering or killing of protection of the public health with animals and poult ry for use as food for respect to the production, preparation, 56 1968 PUBLIC HEALTl r ACT 15 J968 ('UBLIC HEALTH ACT 15 57 manufacture, storage, distribution and (r) for the licensing and inspection of sale of food intended for human con- premises where any article of food sumption, and without limiting the is manufactured, prepared, packed, generality of the Iorcgoing handled, stored or sold; (ef) regulating and prohibiting the sleep- (a) for the licen'ilflg and inspection of ing in shoos or places where food is shops, restaurants and other eating manufactured, prepared, kept, stored establishments, including hotels and or sold for human consumption; all other buildings or premises where any food, cooked or uncooked, is (e) for the medical examination and sold or prepared for sale, whether to registration of persons engaged in be consumed on such premises Or the handling of foods; to be taken therefrom for the purpose of human consumption; (f) regulating the supply and treatment of water used in any aerated water (b) for the location, construction, fur- factory or ice factory or other place nishing and equipment, cleanliness or places in which food is manufac- and maintenance of any building or tured, processed, prepared, packed, premises or other place in which any stored or sold; article of food is manufactured, pre- pared, handfed, stored or sold and, (26) respecting without Hmf!illg the generality there- (a) the labelling and packaging and the of: offering, exposing and advertising for sale of foods, drugs, cosmetics (i) bakeries, bakeshops and bread and devices; shops; (b) the sale or condition for sale of any (ii) meat and butcher shops; food, drug, cosmetic or device, and (iii) dairies and milk shops; the use of any substance as an in- gredient in any food, drug, cosmetic (iv) grocery and provision shops; or device; (v) markets ; (c) the seizure, forfeiture and destruc- (vi) street vending of foo<h,; tion of any food, drug, cosmetic or device, the sale of which would (vii) aerated water factories or plants; not be in accordance with. or would be in violation of, the Regulations; (viii) ice factories and other places where ice is manufactured; (27) prescribing standards of indentity, com- Ox) confectionery and ice cream position, strength, potency, purity, quali- shops, including places where tv 0] other property of any article of ice cream is manufactured; food, drug, cosmetic or device; PUBLIC I I EALTH ACT 15 59 5K 1968 PUBLIC HEAL ur ACT 15 1968 (.\~) for the inspection and control of bathing (28) respecting the conditions under which foods, drugs, cosmetics and devices may beaches and swimming pools, incl uding be imported into Dominica, subject to the sanitation, accommodation, sanitary any law relating in CIl":'.>11'S, excise or conveniences and water supply; revenue; (7) for the medical and dental inspection of (29) exempting any food, drug, cosmetic or school children, the removal of children device from any or all of the provisions from school and closing of schools in the of the Act and prescribing the conditions interest of the public health; :9f such exemptions; for the interment of the dead, the pre- '(30) requiring persons who sell foods, drugs, paration and transportation of dead cosmetics or devices to maintain such bodies, the entry of dead bodies from books and records as the Minister con- outside Dominica, the regulation and siders necessary for ·the proper enforce- inspection of undertaking establishments, ment and administration of the Act and morgues, crematoria and other places the Regulations ; , used in connection therewith, the licen- (31) respecting the powers and duties of sing thereof, and the management and inspectors and analysts and the taking of maintenance of cemeteries and the con- samples and the seizure, detention, for- ditions upon which new cemeteries may feiture and d ion of articles; be established ~ (32) establishing schedules of drugs, the sale (30) respecting the performance of post- of which is subject to special conditions mortems. -in the interest or the public health; Regulations to be (33) for the inspection, control, licensing, 11.-( I) Regulations may have effect throughout published in the operation and maintenance of hotels, Dominic~l or be limited to such parts thereof as may be Gazelle, apartment buildings, boarding houses, specified and shall, when published in the Gazette, lodging houses and other places where have the Corce of law. -accommodation is provided for cash or other consideration; (:2) Notwithstanding subsection (J) of this sec- tion where, in the opinion of the Minister, the time (34) for the forcible entry into premises to required for the publication in the Gazette of a Regula- which this Act or the Regulations applies tion will be prejudicial to public health by reason of where the owner or occupier does not any epidemic outbreak of disease or emergency, he give permission fur the inspection and {nay by order dispense with such publication and such examination thereof or where the owner Regulation shall be effective immediately but shall be or occupier ca nnot be Incated; published i:t, t,he, Gazette as ~oon as, pr.acticable there- (35) respecting the cleanliness, inspection and after anc' rt It IS not published within two months licensing of barbers, beauticians, barber after it is made, such Regulation shall then cease to shops, hairdressing and beauty shops; have anv force or effect 60 1968 PUBLIC HEAl.ill 1%8 PUBLIC HEALTH ACT 15 61 ACT 15 EXI'l mg subsi- diary legislation. 12.-(1) Any Statutory Rules Orders Regulations acting under the authority of this Act or By-Laws which may be in force <11 the urneof coming or the Regulations; into operation of this Act, whether made under a law that has been repealed by this Act \)1' otherwise repealed, (iI\ offers or gives a bribe to an officer or shall be deemed to have been made under this Act and other person acting under the authority of shall continue in effect until sreclJicalh .i ltered , varied this Act or the Regulations in connection or revoked under this Act Where any such Statutory with his duties or- powers hereunder, or Rules, Orders, Regulations or By-Laws conflict in any being such officer or person, demand ... way with the Regulations made under ihis Act, they solicits or accepts a bribe; shall cease to have force and etlect. (e) obsi ructs in any manner whatsoever an (2) A municipal council if otherwise empower. officer in the proper execution or adminis- ed by any law to make By-Laws respecting matters tration of this Act or the Regulations ; relating to public health within the geographical or area of such municipality, or whenever so authorised ( t ) fails ro carry out or infringes any pro- by the Minister, may make such By-Laws, not in- vision or requirement of this Act or of consistent with this Act Of the Regulations as may be the Regulations necessary for matters relating to public health in its municipality. Such By-Laws shall become effective is guilty of an offence and liable upon summary con- only when approved by the Cu binct and published in viction by a district magistrate to a fine not exceeding the Official Gazette. two hundred and fifty dollars or to imprisonment for 1\ term nur exceeding six months or to both suc'i fine Offences. 13. Any person who - lind imprisonment. (a) refuses to answer or knowingly gives an untrue answer to any inquiry made or 14. A prosecution under Section 13 may be insti- Limitation twelve months. addressed to him by an officer acting tuted at any time within twelve months from the time under the authority of this Act Of in- the subject matter ofthe prosecution arose or the offence tentionally withholds any Information was committed, whichever is later. from or knowingly furnishes any false information to such officer: 15. An information may be laid or prosecution By whom information instituted b"I' or on behalf of the Chief Medical Officer may be laic. (b) refuses or omits to do any act which he is required to do by this Act or the Regu- or with his consent by any other officer or by an officer of a municipal council in respect of any matter which lations or to carry out any order, instruc- is the subject of delegation to such council as provided tion or condition made, given or imposed in this Act. by any officer or other person acting under the authoritv of this Act or the 16. A prosecution for an offence under this Act or Prosecutior Regulations; - of offences the Regula-ions may be instituted, heard, tried or (c) assaults, resists, wilfully obstructs, in- determinedly the Magistrate in whose district the timidates, uses abusive language or in- offence was committed or in any place in which the terferes with any officer or other person accused is anprchcnded or happens to be. 62 ]96~ PUBLIC j i.ru ACT 15 J968 PUllLlC IIFALTH ACT 15 63 Liabiliry of I n any proceedings under this Act or the Regu- Document or employer Ji In a prosecution under this Act or the Regula- 21. writir.g signed tions, it is sufficient proof ()f the offence to establish larions, any document or writing purporting to be by Minister or officer to be that it was committed by an employee or agent of the signed by the Minister or by an officer acting under this admissible in accused or by a person o steusibly in his employment Act is admissible in evidence in a prosecution for a ev.dence whether or not he is identified or lws been prosecuted violation of the Act or the Regulations and is prima for I he offence. facie proof of the statements contained therein: hut no such document or writing is receivable in evidence Reierences to th: 18. Whenever in any notice or any proceedings unless the party intending to produce it has before the owner or occu- trial, given to the party against whom it is intended pier of premises. under the provisions of this Act or the Regulations, t becomes necessary to mention or refer to the owner 10 be produced, reasonable notice of such intention, or occupier of any lands or premises, il shall be sufficient together with a copy of the certificate or writinp and to designate him as the "owner" or "occupier" of the the party against whom it is produced may req uire ine premises (naming them) wuhout further name or attendance of the person signing the same for l he pur- description pose of cross-examination. Service of pot ice 22. Where any act or thing is by the Act or the Onus of nroof on owner. and documents. 19. Any notice, order or other document made or Regulations prohibited or prescribed. the duty of occur.ivr, given under this Act may be served by delivering the seeing that such »rohibitio i or prescripnon js corn- operator etc. same or a true copy thereof either to the person to plied with rests upon the person to whom the prohi- whom it is addressed or to his usual or last known hitlon or prescri ption relates, whether owner occupier, place of abode or business or, when addressed to the operatol .ir other person, and in any prosecution owner or occupier, then to some adult on the premises, under this Aci 01 \ e Regulations the buro:n of Drt \\ Il\g or if there is no such person, then by affixing one copy of the notice to some conspicuous part of the premises that such pruhibticn or prescription was C/1l11Pi 1cd with rest upon such person. and in case of emergency, any such notice if verbally given to the person whom the Act or the Regulations 23. Nil aCI,UII, suit, proceeding or claim lie s against Exemption from require to be served or notified, shall be sufficiently liability of offic-rs any officer for anything bona .fide done, directed or acting bona fide. given authorised b~ him under this Act. Action may be 20. If a notice or order requires action to be taken Repeal of Cap. taken at expense 24. The Medical ancl Sanitary Services Ordinance lSD. I . of of owner. within a time specified therein either as regards the (Cap. 150. Laws of Dominica, 1961) is hereby repealed. Dum .. IS61. structural alteration of premises or the removal or abatement of a nuisance or other thing required of the Passed this 24th day of April, 1968. owner or occupier under this Act or the Regulations and it is not done within till' time so provided, then a BARNET EDMUND DEFOE Medical Officer of Health or Public Health Inspector Acting Clerk of the House of Assembly, may proceed to have the same done at the expense of the owner or occupier, as the case may be, and the M.P. 1. l' S.S. 3/27/1. cost thereof, until paid by such owner or occupier, shall form a lien or charge against the lands or premises Cap 262. and shall be recoverable as a tax under the Collection of Taxes Ordinance.