Food (Control) Act - Penalty Notice Regulation Order 2010 (No. 54 of 2010)

REPUBLIC OF VANUATU FOOD (CONTROL) ACT [CAP 228) Penalty Notice Regulation Order No.Sfof 2010 In exercise of the powers conferred on me by subsection 39A (2) of the Food Control Act [CAP 228], I, the Honourable MOSES KAHU, Minister of Health, make the following Order. 1 Interpretation In this regulation: Act means the Food (Control) Act [CAP 228]; Food Regulation means the Food (Control) Regulation Order No. 37 of 2007. 2 Prescribed amounts for penalty notices (1) For the purposes of section 39A of the Act, the prescribed amount in respect of an offence committed under a provision of the Act listed in Column 2 of Table 1 is: (a) the amount set out in Column 3 of that Table for a first offence under such paragraph; and (b) the amount set out in Column 4 of that Table for a second offence under such paragraph; and (c) the amount or penalty set out in Column 5 of that Table for a third offence under such paragraph. Penalty Notice Regulation Order No/ifof 2010 1 Table 1 Column 1 Column2 Column3 Column4 Column 5 Items Provisions of the Act Prescribed amount Prescribed Amount or Penalty for first offence amount for for subsequent second offence offence 1 2(1)(a) Manufacture, import, sale or distribution of any food that has upon 20,000 50,000 200,000 it any natural or added deleterious substance which renders it injurious to health. 2 2(1)(b) Manufacture, import, sale or 20,000 50,000 200,000 distribution of any food that is unfit for human consumption ) 3 2(1)(c) Manufacture, import, sale or distribution of any food that consists in whole or in part of any unclean, 20,000 50,000 200,000 putrid, repugnant, decayed, decomposed or diseased animal substance or decayed vegetable substance or is insect infested 4 2(1)(d) Manufacture, import, sale or 20,000 50,000 200,000 distribution of any food that is adulterated 5 2(2) Manufacturing, preparation, 20,000 50,000 200,000 preservation, packaging or storage for sale of any food under insanitary conditions 6 2(3) Importation, sale or distribution of any 20,000 50,000 200,000 food manufactured, prepared, preserved, packaged or stored for sale under insanitarv conditions 7 3(1) Labelling, packaging, treating, processing, selling or advertising any food in a manner that is false, 20,000 50,000 200,000 misleading, deceptive or likely to create an erroneous impression regarding its character, value, quality, composition, merit or safetv 8 4 Labelling, packaging, selling or advertising any food which does not conform to the standard in such a 20,000 50,000 200,000 manner as is likely to be mistaken for the food for which the standard has been prescribed 9 5 Offering for sale, expose for sale or sell for use as animal food or for other purposes any food which has been spoilt or rendered unfit for human consumption except with the 20,000 50,000 200,000 permission of, and in accordance with the directions issued by, the Chief Food Authority or such other person authorized by him in writing in that behalf Penalty Notice Regulation Order No/j/of 2010 2 j IO 6(1) Manufacturer, distributor, a commission agent or a dealer in any food, selling that food to any vendor 20,000 50,000 200,000 without giving the vendor a warranty in the prescribed form, regarding the nature, substance and quality of that food 11 6(3) Manufacturer or distributor of, or a 20,000 50,000 200,000 commission agent or dealer in, any food aives a false warranty 12 27 Failing to furnish information or a 20,000 50,000 200,000 document that the person is required under the Act to furnish, without reasonable excuse 14 28(l)(a) Knowingly or recklessly furnishes 50,000 100,000 500,000 information that is false or misleading in a material particular 15 28(1)(b) Knowingly or recklessly makes a material omission from information 50,000 100,000 500,000 furnished in purported compliance with a reauirement under the Act 16 28(l)(c) Knowingly or recklessly fabricates 50,000 evidence or destroys evidence with 100,000 500,000 intent to mislead examinations or investiaations 17 29 Removing, altering, tampering or interfering with any article seized 50,000 100,000 500,000 under this Act without the authority of an authorized officer 18 34(1) Failing to provide facilities for the examination of imported food in 20,000 50,000 200,000 accordance with paragraph 13(1 )(g), after having been duly directed to do so bv an authorized officer 19 34(2) Selling, offering or exposing for sale, or depositing or consigning to any person for the purposes of sale or preparation for sale, any food contrary to the purport of any mark, seal or 20,000 50,000 200,000 other designation affixed under subsection 13(7) or removing, altering or obliterating any such mark, seal or designation with an intent to deceive any person 20 35 Failing to comply with any direction given under section 14, or who in a 50,000 100,000 500,000 notification under it knowingly makes a false statement 21 36 Person in charge of a vehicle or vessel which is called upon to stop 50,000 100,000 500,000 under subsection 15(1) fails to stop when so called uoon 22 37 Using or removing any food contrary 50,000 100,000 500,000 to the requirements of a notice given under section 16 fenalty Notice Regulation Order No . .5lfof 2010 3 t (2) For the purposes of section 39A of the Act, the prescribed amount in respect of an offence committed under a provision of the Food Regulation listed in Column 2 of Table 2 is: (a) the amount set out in Column 3 of that Table for a first offence under such paragraph; and (b) the amount set out in Column 4 of that Table for a second offence under such paragraph; and (c) the amount or penalty set out in Column 5 of that Table for a third offence under such paragraph. Table 2 Column 1 Column2 Column 3 Column4 Column 5 Items Provisions of the Food Prescribed amount Prescribed Amount or Penalty Regulation for first offence amount for for subsequent second offence offence I 2(2) Food handler failing to comply with 2,000 5,000 20,000 the General hygiene standards prescribed bv Food Authoritv. 2 2(3) Food handler failing to wash and dry hands when carrying out the following activities: after handling raw food and before handling ready to eat food, 2,000 5,000 20,000 immediately after using the toilet, after using a handkerchief or tissue, after smoking, after handling raw food or any contaminated material, at the start of food handling activities. 3 2(4) Food handler spitting, smoking, 2,000 5,000 20,000 chewing tobacco or any other substance whilst handling food. 4 2(5) Food handler sneezing or coughing 5,000 20,000 over unprotected food or food 2,000 preparation surfaces. 5 2(6) Food handler expelling waste or 5,000 20,000 urinating in & around food premises 2,000 other than toilet. 6 4(1) Employer allowing food handler to in food handling area when food handler 20,000 50,000 200,000 is found to have a communicable disease. 7 5(3) Employer allowing food handler with 20,000 50,000 200,000 unprotected cuts or open wound, to have direct contact with food. 8 6(1) Improper handing of food by food 2,000 5,000 20,000 handler. Penalty Notice Regulation Order NoSf/of 2010 4 9 7(1) Owner of food premises that sells food other than raw fruits or 20,000 50,000 200,000 vegetables, or pre-packaged mass produced foods, employs persons with no valid food safety certificate. IO 8(2) No food handler in the food premises 5,000 20,000 100,000 with a valid food safety certificate to supervise in the food handling area 11 11(1) Failure of owner of food premises to take all practicable steps to ensure that his or her food handlers follow all 20,000 50,000 200,000 health and hygiene obligations set out under the Food (Control) Act [CAP 228] and the Food (Control) Regulation Order No. 37 of 2007. 12 11(2) Failure of owner or operator offood premises to take all the practicable measures to ensure all food handlers employed at the food premises do not 20,000 50,000 200,000 contaminate the food in any way, do not have unnecessary contact with ready to eat food, do not spit, smoke or use tobacco in the premises, and are provided with protective clothing. 13 12 Handling or displaying food in such a 2,000 5,000 20,000 way that food can be contaminated. 14 13 Sale of unclean food. 2,000 5,000 20,000 15 14(1) Selling ready to eat food exposed. 2,000 5,000 20,000 16 14(2) Displaying ready to eat food less than 20,000 50,000 200,000 75cm from floor level. 17 14(3) Depositing trays used in connection 20,000 50,000 200,000 with ready to eat food on footpath, doorway, yard or open space. 18 14(4) Storing ready to eat food next to raw 20,000 50,000 200,000 food. 19 15 Sale of nuts, raw fruits and 2,000 5,000 20,000 vegetables less than 75cm from ground level. 20 16 Person displaying food for sale not providing suitable protection from 2,000 5,000 20,000 contamination from birds and other animals. 21 17 Animals allowed into food premises 20,000 50,000 200,000 where food is handled for sale. 22 18 No use of tongs and other utensils 2,000 5,000 20,000 when serving food. Penalty Notice Regulation Order No.fip/2010 5 • 23 19 Serving food previously served to 20,000 50,000 200,000 someone else. 24 20(1) Selling food that has already been 20,000 50,000 200,000 thawed. 25 21 Owner or operator of food premises 20,000 50,000 200,000 failing to ensure separation of all food. 26 22(1) Improper storage of hot high risk food. 20,000 50,000 200,000 27 22(2) Improper storage of cold high risk 20,000 50,000 200,000 food. 28 22(3) Faulty appliances used to store high 20,000 50,000 200,000 risk food. 29 23(1) and (2) Improper storage of raw food and 20,000 50,000 200,000 ingredients. 30 24(1) Storing hazardous substances with 20,000 50,000 200,000 food items. 31 24(2) No clear labelling of pesticides, 20,000 50,000 200,000 disinfectants and detergents as "Poison". 32 25 Failure to protect food premises, 20,000 50,000 200,000 appliances or utensils from contamination by likely sources of contamination. 33 26 Improper or failure to properly clean 20,000 50,000 200,000 articles, fittings, appliances and ) vehicles used to transport food. 34 27 Failure to clean eating, drinking and 20,000 50,000 200,000 any other utensil used to serve food. 35 28 Failure to clean equipment that has 20,000 50,000 200,000 been in contact with raw food or contaminated material. 36 29(1) and (2) Improper cleaning and disinfection of 20,000 50,000 200,000 equipment and food contact surfaces. 37 30(1) I mp roper construction of food 20,000 50,000 200,000 premises. 38 32(1) Food premises not equipped with 20,000 50,000 200,000 hand washing facility. 39 33 Sink or fixture used for cleaning or 20,000 50,000 200,000 preparing food is not of sufficient size and capacity. Penalty Notice Regulation Order No.Slf0/2010 6 40 34 Walls, ceilings, partitions and floor of 20,000 50,000 200,000 food premises not made of imoervious material. 41 35 Food premises not supplied with 20,000 50,000 200,000 adequate potable water. 42 36 Food premises not equipped with 20,000 50,000 200,000 proper lighting. 43 37(1) and (2) Food premises is not equipped with 20,000 50,000 200,000 changing facilities and toilets. 44 38(1) Food premises not connected to 20,000 50,000 200,000 reticulated sewage system. ) 45 39 Improper construction of vehicle used 20,000 50,000 200,000 for selling food. 46 40 Failure to properly maintain food 20,000 50,000 200,000 premises. 47 42(1) Improper disposal of refuse and other 20,000 50,000 200,000 waste matters from food premises. 48 43(1) No qualified person supervising food 20,000 50,000 200,000 processing. 49 44(1) Improper storage of packaging 20,000 50,000 200,000 material. 50 44(2) Packaging material is not of good 20,000 50,000 200,000 quality. 51 44(3) Poor packing conditions. 20,000 50,000 200,000 52 44(5) Use of printed or packaging material 20,000 50,000 200,000 that contaminates food. 53 45(1) and (2) Food not properly protected from 20,000 50,000 200,000 contaminants when being transoorted. 54 46 No labelling on packaged food. 20,000 50,000 200,000 55 47(1), (2), (3) and (4) Statements required by the Food (Control) Regulation Order No 37 of 2007 such as name of food, net contents, instructions for use, name 20,000 50,000 200,000 and address of distributer or manufacturer, ingredients, additives, used by date etc, cannot be clearly read. Penalty Notice Regulation Order No:5'1of2010 7 56 48(1) Information required to be on the label 20,000 50,000 200,000 of pre-packaged food are not included. 57 48(2) Labelling contains misleading claims. 50,000 100,000 500,000 58 48(3) Label contains confusing or 20,000 50,000 200,000 misleading words or pectorals. 59 48(4) Label not include any genetically 20,000 50,000 200,000 modified organisms if the product does contain GMO's. 60 48(5) and (6) Food that has been treated with ionising radiation or that has been 20,000 50,000 200,000 ) fortified, is not labelled as irradiated food. 61 48(7) Label does not indicate that the food contains excessive fat, energy dense 20,000 50,000 200,000 or high in cholesterol, if the food does contain the above. 62 49(1) Label is not in either Bislama, English 20,000 50,000 200,000 or French language. 63 49(2) Translation of the label is 20,000 50,000 200,000 misrepresenting the nature and aualitv of the food. 64 50(1) Name of food does not indicate the 20,000 50,000 200,000 true nature of the food and is generic. 65 50(2), (3) and (4) Name of food not used according to Schedule 1 of the Food (Control) Order, if the name of food is included 20,000 50,000 200,000 in the Code Alimentarius, legislation or common name, and is misleading or confusing to the consumer. 66 50(5) Food that has been treated including 20,000 50,000 200,000 being dried, concentrated, reconstituted or smoked is not identified in the label. 67 51(1) Ingredients not included in the label. 20,000 50,000 200,000 68 51(2) No clear heading of ingredients. 20,000 50,000 200,000 69 51(3), (4) and (5) Ingredients does not appear in the 20,000 50,000 200,000 manner set out in the above mentioned subclauses. 70 52(1) Food additives does not appearing in 20,000 50,000 200,000 label despite fact that the food contains food additives. Penalty Notice Regulation Order NofJlof 2010 8 71 72 73 74 75 76 77 78 79 80 81 ) 82 83 53(1) Flavouring does not appear in label 20,000 50,000 200,000 despite the fact that the food does contain flavourinas. 54(1) Supplier not state added water in the 20,000 50,000 200,000 label. 55(1) and (2) Supplier not state the net content of 20,000 50,000 200,000 the food in metric units. 56(1) and (2) Name and address of manufacturer, packer, distributor, importer, exporter 20,000 50,000 200,000 or vendor of food, does not appear on the label. 56(3) Name and address of the importer 20,000 50,000 200,000 does not appear on package label of a food product imported into Vanuatu. 57 Food packaging label does not have a 20,000 50,000 200,000 lot identification number or lettering in the label. 58(1) Use-by date does not appear in the 20,000 50,000 200,000 food package label. 58(2) Use by date in the label does not 20,000 50,000 200,000 indicate the day, month and year the food expires. 58(3) Food is still being sold after its use-by 50,000 100,000 300,000 date. 59(1) Failure to remove from shelves of store, hotel, restraint, food stall etc ... 20,000 50,000 200,000 non-high risk food that is expired within 60 davs after use-bv date. 59(2) Failure to remove from shelves of store, hotel, restraint, food stall etc ... 20,000 50,000 200,000 high risk food that is expired within 21 days after use-bv date. 60(1) Instructions on use of food not 20,000 50,000 200,000 included in the label. 60(2) Instructions on storage including refrigeration (if relevant) is not 20,000 50,000 200,000 included in the label. This only applies to food where it is clear that such instructions for storage need to be set out in the label. 3 Period to pay penalty If the person served does not wish to have the matter determined by a court, the person must pay, within 21 days after receiving or being served with the notice, to Penalty Notice Regulation Order No5//of 2010 9 ) a person specified in the notice, the amount of penalty prescribed under this regulation. 4 Commencement' This Order commences on the day on which it is made. Honourable Minister of Healt . , ,, ~ '"··~ ... ·~-., # ,,-◄,.,,,..-" Penalty Notice Regulation Order Nolil/Of 2010