Regulations made under The Food (Control of Quality) Act, 1978 (G.N. No. 64 of 1982)

Citation Interpreta tion Premises not to be used unless licenced Application for registra tion for premises Food (Control of Quality) (Food Hygiene) Regulations GOVERNMENT NOTICE N@. 64 published on 7/5/82 1]fE FOOp.(rONTROL OF QUALITY) ACT. 1978 (No. 10 OF 1978) REGULATIONS Made under Section 33 THE FOOD (CONTROL OF QUALITY) (FOOD HYGIENE} REGULATIONS, 1982 1. These .Regulation~ ~ay be cited as the Food (Control of Quality) (Food Hygiene) Regulations, 1982 and shad come into operations on such date as the Minister may, by notice in the Gazette, appoint. . 2. In these Regulations unless the context otherwise requires: "adequate" means that which is needed to accomplish the intended purpose in keeping with good public health practice. "commission" means the National Food Control Commission esta blished under Section 4 of the Food (Control of Quality) Act, 1978. "food contact surface" means any surface which comes into contact with food during the sale, preparation, packaging. conveying or storing of such food. "hea:Ith authority" in relation to an area of a town, municipality or city means the town council, Municipal council or city council. as the case may be and in relation to an area of a district or of a region, means a district development council or a regional ~evelopment council. "sanitized" means to adequately treat surface by a process that is effective in destroying vegetative cells of pathogenic bacteria and in substantially reducing other micro-organisms such that the treatment shal!l not adversely affect the food and shall be safe for the consumer. : 3.-(1) No person shallI use any premises or being the owner or occupier thereof permit or allow the premises to be used for the purpose of selling, preparing. packaging, storing or displaying for sale food unless such person is in possession of a licence issued under these Regulations. (2) No Licence shall be issued under these Regulations unless the authorised officer of the health authority of the area in which the licence being sought. is to operate has inspected and registered the nremises under these Regulations. " 4. Every person desiring a licence in respect of any premises used or to be used for the purposes of selling, preparing. storing or dis playing for the sale any food, shall make application in Form ''TV 01" set 102 Food (Control of Quality) (Food Hygiene) Regulations G.N. No. 64 (contd. ) out in the First Schedule to these Regulations, to the authorised officer of the area in which the premises to be registered is situated, and shall, on request, supply any information which may be required by an authorised officer for the purpose of these Regulations. 5.-(1) Every person desiring a licence in respect of any premises Application used or to be used for the purpose of selling. preparing, storing, or ~or 4 displaying for sale and food shall make application in Form "TV 02" 'li:~~ set out in the First Schedule to these Regulations, to the Commission and shall, on request, supply any information which may be required by the Commission for the purpose of these Regulations. (2) Every licence issued under these Regulations shall be in Form "TV 04" set out in this First Schedule to these Regulations, and shall expire on 31st March next following the date of issue. (3) No person to whom a licence has been issued under these Regulations, shall Ilend, hire, sell, transfer or otherwise dispose of such licence to any person without the approval of the Commission which approval shall be endorsed on the licence. (4) No licence shall be transferred from the premises in respect of which it was issued to any other premises. (5) Premises shall not be used for purposes other than that stated in tse licence. 6. Every person who owns, operates or is in charge of the growing hGrow~g and d harvesti . Ior raw materi I bed" th arvestmgan arvestmg operations or raw rna ena s to e U'51D e pre- operations to paration of fcod shall ensure that such operations are of a clean be ?f a . d ha sanitaryand sanitary nature an t ,Ii-- nature (a) unfit raw materials are segregated out during harvesting and disposed of in such manner that they cannot contaminate food or water supply to food premises or any other crops; and (b) harvesting containers shall not constitute a source of conta mination to raw materials and shall be of 'Such construction as to facilitate thorough cleaning. 7.-{l} Every person who owns, operates or is in charge of a food Foo~ d premises shall keep the grounds surrounding the food premilses free i~~kllses an fom conditions which may result in the contamination of food and more environment particularly he shall keep such grounds free from- ~?e~~ kept (a) Improperly stored equipments, litter, waste and refuse which may attract, harbour or constitute breeding places for rodents, ;ns,:,do;: !>nd other nests: and (b'\ ;rl&(lr,quait'Jy drained areas that may contribute to the conta mination of food products through seepage. or foot-borne roth 'lnd provide brrf'f"ling places for insects or micro-organisms. 103 Food (Control of Quality) (Food Hygiene) Regulations G.N. No. 64 icontd.) (2) Where the grounds adjacent to a food premises are not under the control of the owner or the operator of the food premises, the owner, or the operator or person in charge shall exercise care in the premises to effect seclusion of pests, dirt and other filth that may be a source of contamination to food. Layout and wnstrucUOIl nf food premises ~nd facilities 8.-(1) Ail food premises shall be of suitable design. layout and construction to facilitate easy maintenance and sanitary food pro duction. (2) The food premises and the Iacibties installed therein shall have-s (a) sufficient space for such placement and storage of materials as is necessary for sanitary operations; (b) adequate areas. either by partition, location or other effective means, for those operations which may cause the contamination of food contact surfaces with undesirable micro-organisms che micals. filth or other extraneous materials; (c) adequate lighting to hand washing areas. dressing and locker rooms, toilets and to all areas where food or food ingredients arc examined, processed or stored and where equipments and utensils are cleaned; (d) ~ua1e ventilation or control equipment to minimize odour, odours and noxious fumes or vapours (including steam). particu larly in areas where such odours and noxious fumes or vapours may contaminate food, so however that such ventilation or control equipment shalt not create conditions that contribute to food contamination by air-borne contaminants; and (e) light bulbs. fixtures. skylights or other glass suspended over exposed food in any stage of preparation shall be of the safety type or otherwise protected to prevent the contamination of food in case of breakage. (f) where necessary, effective screening or other protection against birds, animals and vermin (including. but not limited to. insects and rodents). en The floors, walls and ceiling of food premises shall be of such construction as to be adequately cleanable and maintained in a clean and good state of repair. (4) The fixtures, ducts and pipes shall not be suspended over areas where drips or condensate may contaminate food and raw mao tcria's or food contact surfaces. (5) Aisles or working spaces between equipments and walls shall be unobstructed and of sufficient width to permit employees to per form their duties without contaminating the food or food contact surfaces with their clothing or personal contact. 104 Food (Control of Quality) (Food Hygiene) Regulations G.N. No. 64 (coma.) used in a food premises shallEquipments, utensils loIful food contact surfaces (a) suitable for their intended use; (b) so designed and of such materials and workmanship as to be adequately c.eanable; and (c) properly maintained. 9.-(1) Every utensil and equipment be: (2) Every food contact surface shall be: (a) smooth and free from pits, crevices and loose scale; (b) non- toxic; (c) capable of withstanding repeated cleaning, d.sinfection and sa nitizing; and (d) non-absorbent. unkss the nature of a particular and otherwise capable process readers the use of an absorbent surface such as w -.lull necessary, (3) The design, construction and use of the utensils and equipment referred to in paragraph (l ) of this regulation shah be such as to prevent contamination of food by lubricants. fuel; meta, fragment, contami nated water or any other contaminants. (4) The equipment in food premises shall be installed and mainta ined in such maimer as to tacihtare the cleaning of such equipment and the adJoining area. 10.-(1) No person shall use any premises as flood premises un- Sanitary less : - facilities and their (a) adequate sanitary conveniences are provided for use by employees managemenr and every premises where food is prepared and served are pro vided with adequate separate sanitary accommodation for public lise; (b) the water supply to the premises is derived from an adequate source, sufficient for the intended operation and potable; (c) both hot and cold running water be provided at all areas where the processing of food. cleaning of equipment. utensi.s and contarncrs are car ned out; (d) the drainage of effluents is made through an adequate sewe rage system or disposed of through other adequate and appro ved means; (e) the pumbing is of adequate size and design and so installed and marntarued as to: (i) carry sufficient quantities of water to all areas where the water is required: (ii) properly convey sewage and liquid disposal waste; 105 ~ Food (Control oj Quality) (Food Hygiene) Regulations G.N. No. 64 (comd.) (iii) provide adequate floor drainage in all areas where the floors are. subject to flooding type cleaning or where normal ope ration release or discharge water or other liquid waste on the floor; or (iv) const tute no source of contamination to food ingredients. food products and water supplies. (f) refuse and offal is conveyed and disposed of as to minimize no xious odour. prevent waste which attract or harbour or provide a breeding plice for vermin and prevent the contamination of food. food contaet surfaces. ground surfaces and water supplies; (2) The sanitary conveniences provided under this regulation shall conrorm La tne foHOV/JDg condiuons: (i) separate conveniences shall be provided for members of each sex; and each shall be rna ntained III a sanitary condition and kept !.11 conditions of good repair at all times; (ii) toilets sha.l be fum-shed with sufficient toilet tissue. clean towels and soap; (iii) doors to toilet rooms shall be of a shape which affords privacy to the users and not to open directly into areas where food is exposed to airborne contaminants except where alternate approved means have been devised to prevent con tamination of such food. and (iv) signs shall be posted III appropriate places directing emplo yees to wash their hands with soap after using the toi.et, General maintenance of the premise. (3) Adequate and convenient facilties for hand washing, and where applicable hand-sam tizing, shall be provided at each p.ace where good hygiene pract ces require employees to wash or sanitize and dry their hands, and each faci.ities shall have running water at a suitable tem perature for effective handwashing and san tizing preparation and shall include nail brushes, hygienic towel service or suitable dry.ng devices and where appropriate, c.eanable waste receptacles. 11. Notwithstanding any other provisions of these Regulations; every person who owns. operates or is in charge of a food premises shall ensure that: (a) the buildings. fixtures and other facilites of the food premises are kept in a state of good repair and maintained ,D a hygienic condition; (b) cleaning operations are conducted in such a manner as to mi nimize the danger of contamination of food and food contact surfaces; (c) suppfies used in cleaning and sanitizing procedures are free from micro-bological contamination and are safe and effective for their intended use; 106 Food (Control of Quality) (Food Hygiene) Regu'ations 0.'11. No. 64 (colltd.) (d) only such toxic materials as are required to maintain sanitary conditions. or for use in laboratory testing procedures. or pre mises and equipment maintenance or in the preparation of food. are used or are stored in the food premises; (e) no animals or birds, other than those essential as raw materials, are allowed in the foods premises; (£) effective measures arc taken to exclude pests from food areas and to protect against conuunination of food in or on the pre. mises by animals and vermin; and (g) the use of pesticides is done under such precautions and restrictions as to prevent the contamination of food or packaging materials. (h) food premises shall not be used as a sleeping place. 12.-(1) Every person who owns. operates or is in charge of a food aeanlin~ premises shall ensure that: ~~~tensl1s (a) all utensils and food contact surfaces of equipment are cleaned equipment as frequently as necessary to prevent contamination of food pro ducts; (b) a single service articles are stored in appropriate containers and handled, dispensed. used and disposed of III a manner that prevents contamination of food or food con.act surfaces; (c) all utensils and equipment used in the food plant are cleaned and sanitized prior to use to prevent the concamination of food products by micro-biological organisms. 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 sanitized on a predetermined schedule using adequate me thods; and (d) saniting agents used in the food premises are effective and safe. (2) Any procedure. machine or device may be used for cleaning and sanitizing equipment or utensil if it is established. to the satisfa ction of the authorized officer. that such procedure. machine or device shall provide adequately sanitizing treatment. (3) Cleaned and sanitized equipment and utensils with food contact surfaces shall be stored in such areas and manner that the food contact surfaces are protected from splash. dust and other contaminants, 13. Every person who owns. operates or is in charge of a food pre- Processing mises shall comply with the following requirements as regards the anfdOpecontt~Ol all 1 "'th . ied herei hat I 0 ranonover: contra 0.1 e operations earn on t erein, t t IS to say: (a) all operations in the receiving. inspecting. handling. segrega ting. preparing. processing. storing and transportation of food is conducted in a hygienic manner; (b) overall sanitation of the food premises is done under the super vision of a person or person specially assigned to supervise the sanitizing process in the food premises: and 107 ~~~ ~~~~~ ~~ntrol~LF!uali'Y)i~~odHygiene) Regulations C.N, No. 64 (contd.) (c) reasonable precautions, as set out in Part A of the second Sche dule to these Regulations, are taken to ensure that production procedures shall not contribute to the contamination of feed, by filfth, harmful chemicals, undersirable micro-organisms or any other contaminants; (d) each container shall be embossed or otherwise permanently mar ked in code or in clear lettering to identify the prod ucing factory and the lot; (e) specific product, as may be specified by the Ministry shall bear prominently a date marking showing the last day, month and year (for instance, lst May, 1980 or 1.5.80) the product may be sold; (I') packaging processes and materials are such as not to transmit contamination to the products and provide adequate protection from contamination. Health measures to be taken in a food premi.es 14. Every person who owns, operates or is in charge of a food premises shall take a.l reasonable measures and precautions to ensure that i-> (a) no person suffering from any disease in a communicable form or having boils, sores injected wounds, works in a food pre mises in any capacity where there is a reasonable possibt.ity of food ingredients becoming contaminated by such person or the disease being transmitted to the other employees; (h) thorough medical examination is carried out by an authorized medical officer on all employees prior to their employment and at regular intervals ot not more Wan SIX montus and the dates and results of the hea.th examinations are kept at the food premises; (c) aJl person while working in direct contact with food, food ingredients or food contact surfaces comply with requirements as to general cleanliness set out in part B of the Second Schedule to these Regulations; (d) the personnel responsib.e for identifying sanitation failures or food contamination are properly trained to provide a level of competency necessary for the production of clean and safe food, and in the case of food handlers and supervisors, proper techniques and food protection principles to make them con gnisant of the danger of poor personal hygiene and insanitary practices; and (e) proper supervision is provided so that responsibility for ensuring the comp.iance by all employees with the requirements of those Regulations (copies of which shall be prominantly displayed ill all appropriate p.aces in the food Premises) is assigned to competent supervisory personnel. 108 Food (Control of Quality) (Food Hygiene) Regulation!l G.N. No. 64 (coif/d.) 15.-(1) Where any food premises, by means of its situation, con- Notice to . ., .. h di . th f d' th clean,strucnon or disrepair IS In sue a can ition at any 00 In e pre- reconstruct mises may be exposed to contamination or deteriorate or become fr~pair dirty. an authorised officer may serve a notice in writing on the person p~emiseg who owns or operates the food premises requiring him: (a) to clean. reconstruct or repair the premises in the specified manner and period; or (b) not to use the premises until the conditions stated in such notice have been fulfilled to his satisfaction. (2) Any person on whom a notice is served under paragraph (l) of this regulation, may, within fourteen days from the date he receives such notice appeal to the commission which shall make such order as it thinks fit and whose decision shall be final. (3) A notice served under this regulation shall remain effective until such a time as the person On whom it is served receives a copy of the Commission's decision and complies with any direction which Illay be given by the commssion. (4-) It shall be sufficient comp.iance with a notice served under this regulation if the person on whom such notice is served ceases to use the premises as a food premises. 16.-( I) Any person who commits an offence under these regu- Penalty lations shall be liable in the case of first offence. to a fine not exceeding one thousand shjlings, and in the case of a second offence. to a fine 110t exceeding three thousand shillings, and in the cruse of a subse quent offence. to a fine not exceeding five thousand shillings. (2) Where the court is of the opinion. in the case of second or subsequent offence. that the offence was committed through the perso nal act default or culpable neg'igence of the accused person, it may. in lieu of or in addition to any fine, impose a sentence of imprisonment for :1 term not exceeding twelve months. 109 Food (Control of Quality) (Food Hygiene) Regulations G.N. No. 64 (contd.) FIRST SCHEDULE FORM "Tv. 01" UNITED REPUBLIC OF TANZANIA APPLICATION FOR REGISTRATION OF FOOD PREMISES Section 14 of the Food (Control of Quality) Act, 1978 To Authorized Officer. I/We hereby apply for registration of myfour existing/new food premises in accordance with the Food (Control of Quality) Act, 1978 and Regulations made thereunder as follows: 1. Name ofapplicant . 2. Postal address . 3. Full Names of Partners arid/director . 4. Situation of premises . 5. Building Plan Number. Approved as .. by....... owned by . 6. Premises to be registered . 7. Existing licence No dated expiring on .. ........................ issued by . 8. My/Our financial resources Committed for this bJsinessanolOtto Shs . and my/our current business's annual profit is Shs . 9. If my/our premises are registered and licenced 1/We shall keep them clean and in good repair as required under the above mentioned Food Act and Regulations made thereunder. 10. I/We have not been convicted of an offence relating to food q iality within 12 months immediately preceding this application and have/have not been disqualified from holding a licence and my/our licence isfis not suspended. NB.-False declaration constitutes an offence. Date .. For: Official use Dilly Granted/Not granted 110 Sig.ted . 4pplic2nt .............................................. Authorized Officer Food (Control of Quality) (Food Hygiene) Regulations G.Y. No. 64 (colftd.) FORM "Tv. 02" UNITED REPUBLIC OF TANZANIA APPLICATlO~FOR A LICENCE Section 8 ofthe Food(Control ofQuality) ACI,1978 PART I PARTICULAR, OF ApPLICANT AND BUSI~IESS To the Registrar, National Food Control, Commission. I/We hereby apply for renewal/of/a new licence to manufacture, sell, pack, store or advertise . in accordance with the above mentioned Food Act an.I Regulations made thereunder as fo!lows: 1. Name of applicant .. 2. Postal address . 3. Full name(s) of director(s) or partners .. 4. Situation of registered premises . (State Plot, Blocx or Village anJ frontage) 5. Business for which building was originally meant.. .. 6. Existing occupation/business . 7. Licence No dated Issued by . Expiring on Ministry ofIndustry Registratior. Certificate No . dated . 8. Premises registration Number dated . Applicants financial resources Committed for this business umounts to Sh .. DECLARATION IfWe have not been convicted of an offence relating to food quality within 12 months immediately preceding this application and have/have not bee.i disqualified from holdi ng a licence and my/our licence IS/IS not suspended. Date . Signed A'Jp/icant Fee paid Shs on Receipt No Date .. 111 ~ ~ ~ Q\.... ~ ~I~ ~ &. () g........ 9. .Q.. ~ ~.... ~ ~ ::t: ~. ~ ' ::tl ~ ~ is'....§. """ QUALITY SPEClFICATIONSCOMPosmON FlRST SCHEDULE-(contd.l PART II COMPOSITION AND QUALITY SPECIFICATION SECTION 8 OF THE FOOD (CONTROL OF QUALITY) ACT, 1978 NAME OF FOOD ETC. NB. Food not shown and approved in this form shall not be allowed to be ·manufacture". sold", stored or "displayed under the licence sought. IjWe wish to manufacture se11, store or advertize the following food items whose composi tion etc. are as shown below: Chemical/ IPackaging Food I ForItem No. Food Item Packaging Scientific Percent Used as/ Standard Shelf Office Unit Name of ingredient for material applicable life use Ingredients 1--------------------------------\------------ I I I ! I I I I I I I I iI I, I I I I I ! , I I I I I i I I I , I . Form "Tv. 02"Conlinued N Date . ·Delete whichever is inapplicable" Signed . . Applicant Food (Control of Quality) (Food Hygiene) Regulations G.N. No. 64 (cqntd.) FIRST SCHEDULE-(contd.) PARTID FORM "Tv. 02" Continued Licence No . PREMISES REGISTRATION REPORT TO THE COMMISSION Section 8-Food (Control of Quality) Act, 1978 To the Registration, National Food Control, Commission. L Name of authorised officer . 2. Designation . 3. Name of employer . 4. Postal address of employer .. 5. Telephone Number . 6. Situation of premises .. 7. Plan No Approved by . 8. Building originally intended to be used as .. 9. Registered for use as . 10. Inspected by me on . and found to be fit/unfit for registration as . .......................................becauseof . ............................................................................................................ 11. I have therefore registered/not registered the above mentioned premisesas .. ............... ...under the Food (Control of Quality) Act, 1978and Regulations made thereunder. 12. Registration Number Dated Signed .. Date sent .. For: Officialuse only: Licence granted/not granted. Date .. 113 . . Authorized Officer . R;gi;i;~~"""""'" . National Food Control Commission Food (Control-of Quality) (Food Hygiene) Regulations G.N. No. 64 (contd.) FORM "Tv. 04" THE UNITED REPUBLIC OF TANZANIA NATIONAL FOOD CONTROL COMMISSION LICENCE Issued under Section 8 and 10 ofAct No. 10 of1978 Licence is hereby granted to . to manufacture/pack/selljstorejadvertize . at the premises on Plot , . This licence shall have and continue to have effect from and including the day when it is issued until it ceases to have effect in accordance with Section 10 (4) or it is revoked under section 11 of Act No. 10 of 1978. Issued on . Fees paid Shs . Receipt No . REGISTRAR/SECRETARY NATIONAL FOOD CONTROL COMMISSION For other Conditions see back *Delete whichever is inapplicable. CONDITIONS (1) This licence shall cease to have effect if the prescribed annual fees is not paid on or immediatelyafter the anniversary concerned. (2) It does not authorise the holder to operate business in an unregistered premise or during the period of suspension of registration of the premises in respect of which it was issued. (3) It is not transferable without a written approval of the Commission. 114 Food (Control of 'Quality) (Food Hygiene) RegiJ'atigns G.N. No. 64 (contd.) SECOND SCHEDULE Reg. 14 (c) and 15 (c) PART A The following precautions shall be taken to ensure that production procedures do not contribute to contamination of food (a) raw material and ingredients shall be cleaned, inspected and segregated to ensure that they are clean, wholesome and fit for processing into food; (b) water used for cleaning offood products shall be of potable quality; (c) containers and earners of raw ingredients shall be inspected at the time such ingredients are delivered to the food premises; (d) when ice is used with food products, it shall be made from potable water, and shall be prepared, handled, stored and conveyed in such manner as to protect it from contamination; (e) food processing areas and equipment used in processing food shall not be used to process animal food or inedible products .unless there is no reasonable possi bility of contammating the human food; (0 chemical, micro-biological or extraneous material testing products shall be utilized where necessary to identify sanitation failures or food contamination and all food and ingredients that have become contaminated shall be rejected or adequately treated or processed to eliminate the contamination where this may be properly accomplished; (g) storage and transportation of food shall be under such conditions as shall prevent contamination, including development of pathogenic or toxigenic micro-organisms or both. PART B The following requirements shall be complied with as regards the cleanliness of all persons working in direct contact with food: (a) they shall wear clean outer garments and conform to hygienic practices while on duty; (b) they shall wash their hands thoroughly, remove all jewellery,and take any ()fuer necessary precaustions to prevent contamination of food with micro-organisms of foreign substances; (c) refrain from smoking, snuffing chewing or using tobacco in areas where food is prepared, stored or handled; (d) if gloves are used in food handling they shall be maintained in a clean, intact and sanitary condition; (e) as is necessary for the work the employee is engaged he shall wear effective head-dress,such as hair net, head band or cap; and (f) all employees shall refrain from storing their clothing or any other personal belonging or from eating food or drinking beverages, in areas where food is or food ingredients are exposed or areas used for washing equipment or utensils. "THIRD SCHEDULE Fees 1. Fees to be paid in respect of applications are as follows; (a) For registration of food premises Shs. 100/ (b) For the application for the grant of a Iicence Shs. 200/ 2. Fees for a licence as stipulated under section 10 (3) shall be the same as for fees payable in respect of the Business Licence being sought." Dar es Salaam, 7th April, 1982 115 A. OHDUO, Minister for Health Food (Control of Quality) (Food Hygiene)Regulations GOVERNMENT NOTICE No. 74 Published on 28/5/82 THE FOOD (CONTROL OF QUALITY) (FOOD HYGIENE) REGULAnONS. 1982 NOTICE Under r. 1 DATE OP COMMENCEMENT OP' THE FOOD (CONTROL OF QUALITY) (FOOD HYGIENE) REGULATIONS, 1982 a.N.I982 No. 64 The 31st day of May. 1982 is appointed as the date on which die Food (Control of Quality) (Food Hygiene) Regulations. 1982 shall come into operation. Dar ell Salaam. 24th May. 1982 A. CHmuo. Minister for Health GOVftNMENT NOTICE No. 75 Published on 28/5/82 mE FOOD (CONTROL OF QUALITY) (IMPORTATION OF FOOD REGULATIONS. 1982 NOTICE Under r. 1 ras DATE OF COMMENCEMENT OF THE FOOD (CONlROL OF QUALITY) (IMPORTATION OF FOOD) REGULATIONS. 1982 The 31st day of May. 1982 is appointed as the date on which the Food (Control of Quality) (Importation of Food) Regulations. 1982 shall come into operation. Dar es Salaam. 24th May. 1982 116 A. Cmnuo, Minister for Health