Food Act (Sanitation) Regulations

1994 ED] FOODACT Food Act (Sanitation) Regulations [ Ist March, 1992] 11 [CAP 83 S.I. 34 of 1992 1994 ED] FOOD ACT [CAP 83 Growing and harvesting operations. Citation. 1. These Regulations may be cited as the Food Act (Sanitation) Regulations. Interpretation. 2. In these Regulations "adequate" means that which is needed to accomplish the intended purpose in keeping with good public health practice; "clean" includes the adequate treatment of surfaces by a process that is effective in destroying vegetative cells of pathogenic bacteria and in substantially reducing other micro-organisms, without adversely affecting the quality or safety ofany food; "contamination" means the occurrence of any objec tionable matter in a product; "disinfect" means the reduction, by means of hygienically satisfactory chemical agents or physical methods of the number of micro-organisms to a level that will not lead to harmful contamination of food WIthout adversely affecting the food; "food contact surface" means a surface which comes into contact with food during its preparation, packaging, storing or sale; "food hygiene" means the measures necessary to ensure the safety, soundness and wholesomeness of food at all stages from its growth, harvesting, production, manufacture and until its final consumption; "food plant" means the building or any part thereof used for or in connection with the preparation, packaging, storing or sale offood; "pests" means any animal or insect capable uf directly ur indirectlycontaminating food. 3. A person who owns, operates or is in eharge of the growing or harvesting operation of food or raw material for use in the preparation of food shall ensure that the operation is of a clean 12 1994 ED] FOOD ACT [CAP 83 and sanitary nature and, without prejudice to the generality of the forgoing, shall ensure that (a) the food or raw material is not grown or harvested where the presence of potentially harmful substances might lead to unacceptable level of the substances in the food or raw material; (b) the food or raw material is protected from contamination by human, animal, domestic, industrial or agricultural waste which may be present at levels likelyto be a hazard to health; (c) food or raw material which is unfit is removed during harvesting and disposed of in such a manner and at such a place that it cannot contaminate other food or raw material, water supply to a food plant or any other crop; (d) the handling of or the manner of conveying, food or raw material is such as to (i) prevent spoilage and contamination of; and (ii) minimize damage to, food or raw material and where, having regard to such factor as time or distance. the nature of the food or raw material requires special equipment or refrigeration in connection with the storage or transport of the food or raw material, such special equipment or refrigeration is so used; (e) where ice is used in contact with food or raw material, the ice is made from potable water. 4.(1) A person who owns, operates or is in charge of a food plant shall keep the ground surrounding the food plant free from any condition which may give rise to contamination of food prepared, packed, stored or sold at the plant and, without 13 Grounds of surrounding food plants 1994 ED] FOOD ACT [CAP 83 Layout and construction. prejudice to the generality of the foregoing, shall ensure in particular that the ground is kept free from (a) improperly stored equipment and waste which may attract or constitute breeding places for pests and other animals or insects; (b) inadequately drained areas that may contribute to the contatnination of food prepared, packed, stored or sold at the plant through seepage or foot-borne filth Or provide breeding places for pests and other animals or insects. (2) Where the grounds adjacent to a food plant are not under the control of the owner, the operator or person in charge of the food plant, the owner, operator or person in charge shall exercise care III the plant so as to exclude pests, dirt and other organisms or matter that may be a source of contamination to food prepared, packed, stored or sold at the plant. 5.(1) A food plant shall be of suitable design, layout, and construction to facilitate easy maintenance and sanitary production of food. (2) A food plant shall comply with the following requirements (a) the floors, walls and ceilings of the plant shall be so constructed that the plant can be adequately cleaned and maintained in a clean and good state of repair; (b) the aisles or working spaces between equip ment and walls in the plant shall be unob structed and of sufficient width (at least 9 m' per employee) to permit an employee to perform his duties without contaminating the food and food contact surfaces with his clothing and personal contact; (c) it shall have separate areas, either by partition, location or other effective means, for those 14 1994 EDI FOOD ACT [CAP 83 operations which may cause the contamination of food or food contact surface with undesirable microorganisms, chemicals, filth and other extraneous material; (d) the fixtures, ducts and pipes of the plant shall not be suspended over areas where drips and condensate may contaminate food, raw material or food contact surfaces; (e) light bulbs, fixtures, skylights and other glass of the plant which are suspended over exposed food in any stage of preparation shall be of the safety-type or otherwise protected to prevent the contaminationoffood in case ofbreakage; (1) it shall have adequate lighting to handwashing areas, dressing and locker rooms and toilets and areas where food or food ingredients are examined, processed or stored and where equipment and utensils are cleaned shall have a minimum of power of300 Lux; (g) it shall have adequate ventilation or control equipment to minimize odour and noxious fumes or vapours particularly in areas where such odour, noxious fumes or vapour may contaminate food; (h) it shall have, where necessary, effective screening or other protection against pests and other animals or insects. 6. Notwithstanding any other provision of these Regulations, a person who owns, operates or is in charge of a food plant shall ensure that (a) the building, fixtures and other facilities of the plant are kept in a state of good repair and maintained in a hygienic condition; 15 General main tenance of plant 1994 ED] FOOD ACT [CAP 83 Sanitary facilities and controls. (b) cleaning operations at the plant are conducted in such a manner as to minimize the danger of contamination of food and food contact surfaces; (c) any materials used in cleaning operations at the plant are free from microbiological contamination and arc safe and effective for their intended use; (d) only such toxic materials as are required to maintain sanitary conditions or for use in laboratory testing procedures, plant and equipment maintenance or the preparation of food are used or stored at the plant; (e) nu animals are allowed in the plant except, in the case of a slaughterhouse, animals intended for slaughter; (1) effective measures are taken to exclude pests and other animals or insects from food areas and to protect the contamination of tood in or on the premises by dirt, micro- organisms or pests or other animals or insects; and (g) the use of pesticides at the plant or grounds around the plant is done under such precautions and restrictions as to prevent the contamination of food, packaging material, utensils or equipment at the plant. 7.(1) A person shall not use any premises as a food plant unless (a) sanitary facilities are provided at the premises for use by employees and every premises where food is prepared and served are provided with adequate separate sanitary conveniences for public use; 16 1994 EDl FOOD ACT (b) the water supply to the premises is derived from an adequate source, sufficient for the intended operations and is potable; (c) where ice is used with food products, it is made from potable water and handled and stored so as to protect it from contamination; (d) hot and cold running water is provided in all areas of the premises where the processing of food and the cleaning of equipment, utensils and containers is carried on; (e) the drainage of effluent from the premises is made through an adequate sewerage system or disposed of through other adequate and approved means, [CAPS3 (f) the plumbing at the premises is of adequate size and design and so installed and maintained as to provide adequate supply of water to the premises, properly convey the sewage and waste from the premises and provide adequate floor drainage resulting from cleaning operations; (g) refuse and offal are stored, conveyed and disposed of so as to minimize noxious odour, prevent waste which might attract or provide a breeding place for micro-organisms or pests or other animals or insects and prevent contamination of food, food contact surfaces, ground surface and water supplies. 8.(1) A person who owns, operates or is in charge of a food plant shall ensure that (a) utensils and equipment used in the food plant are (i) suitable for their intended purpose; (ii) so designed and of such material and workmanship that they can be adequately 17 Ul.t:miib equipment and foodcontact surfaces. 1994 ED] FOOD ACT [CAP 83 cleaned and they do not contaminate food by lubricants. fuel, metal fragments. contaminated water and other contaminants; (iii) cleaned and disinfected prior to use to prevent contamination of food products by microorganisms; except that where such utensils and equipment are used in a continuous operation, the contact surfaces of the utensils and equipment shall be cleaned and disinfected on a prede termined schedule using adequate methods; (b) a food contact surface is (i) smooth and free from pits, crevices and loose scale; (ii) non-toxic; (iii) capable of withstanding repeated clearung and disinfecting; and (iv) non-absorbent, unless the nature of a particular and otherwise acceptable process renders the use of an absorbent surface, such as wood, necessary; (c) cleaned and disinfected equipment and utensils with food contact surfaces are stored in such area and manner that the food contact surfaces are protected from splash, dust and other contaminants; (d) adequate and convenient facilities for hand washing, and, where applicable, hand cleaning are provided at each place where good hygiene practice requires employees to wash or clean and dry their hands, by hygienic towel service or suitable drying devices; (e) cleaning and disinfecting agents used in the plant are effective and safe; 18 1994 ED) FOOD ACT (f) no procedure, machine or device is used for cleaning and disinfectine equipment or utensils at the plant unless an authorized officer is satisfied that the procedure, machine or device provides adequate cleaning and disinfecting treatment. [CAP 83 9. A person whu owns, operates or is in charge of a food plant Precess and shall comply with the following requirements as regards the controls. overall control of the operations carried at the plant (a) all operations relating to the reception, inspection, handling, segregation, preparation, processing, storing and transport of raw material or food are conducted in a hygienic manner; (b) raw material and other ingredients used at the plant are cleaned. inspected and segregated to ensure that they are clean, wholesome and fit for processing as food; (c) containers and carriers ofraw material or other ingredients used at the plant are inspected at the time such raw material or ingredients are deliveredto the food plant; (d) overall sanitation of the plant is done under the supervision of a person or persons specially assigned to supervise the sanitation processes in the plant; (e) reasonable precautions are taken to ensure that production procedures do nul contribute to the contamination of food by filth, harmful chemicals, undesirable micro-organisms or any other contaminants; (f) food processing areas and equipment used in processing food are not used to process feed or inedible products unless there is no possibility of contaminatingfood for human consumption; 19 1994 ED] FOOD ACT [CAP 83 Notice to clean, reconstruct or repairfood plant. (g) packaging processes and materials are such as not to transmit contaminants to the food or other products produced or manufactured at the plant and provide adequate protection from contamination; (h) storage and transport of food and other products are done under such conditions as to prevent contamination or deterioration of the food; (i) chemical, microbiological or extraneous material testing procedures are used, where necessary, to identity sanitation failures or food contamina tion, and all food, raw material or other ingredients that have been contaminated are rejected or, where this can be properly done, adequately treated or processed to eliminate the contamination. 10.(1)Where a food plant, by reason of its situation, construction or disrepair, is in such a condition that any food in the premises may be exposed to contamination or deterioration or become dirty, an authorized officer may serve a notice in writing on the person who owns, operates or is in charge of the food plant requiring him (a) to clean, reconstruct or repair the premises in the manner and period specified in the notice; and (b) not to use the plant until the conditions stated in the notice have been fulfilled. (2) A person, on whom a notice is served under subregu lation (1) may, within fourteen days from the date he receives the notice, appeal to the Minister who shall make such order thereon as he thinks fit and whose decision shallbe final. (3) Where a person has appealed to the Minister under subregulation (2), the notice served under this regulation shall 20 1994 ED] FOODACT [CAP 83 remain effective unless the Minister, on the appeal, decides otherwise. (4) It shall be sufficient compliance with a notice served under this regulation if the person on whom the notice is served ceases to use the premises as a food plant. 21