Environmental Health Services (Rodent Control) Regulations, 2007 (S.R.O. No. 1 of 2007)

COMMONWEALTH OF DOMINICA STATUTORY RULES AND ORDERS NO. 1 OF 2007 REGULATIONS MADE by the Minister under section 30 of the Environmental Health Services Act 1997 (Act No. 8 of 1997). (Gazetted 11th January, 2007.) 1. These regulations may be cited as the ENVIRONMENTAL HEALTH SERVICES (RODENT CONTROL) REGULATIONS 2007. 2. In these regulations “business premises” means any structure, whether in private or public ownership, that is adapted for occupancy for transaction of business or for display, sale or storage of goods, wares or merchandise, and includes abattoirs, bakeries, bars, boarding-houses, dairies, food or provision shops, groceries, hotels, guest-houses, hotels, markets, restaurants, shops stores, supermarkets, warehouses, and all barns, out-houses, paddocks, sheds and other structures on premises used for business purposes; “institution” means any structure whether in private or public ownership, to which persons are admitted for physical or mental care or for instruction or for detention under any process of law and in which food is prepared or served and includes hospitals, infirmaries, maternity homes, nursing homes, prisons and schools, and all sheds and out-houses on the premises of any such institution; 2007 ENVIRONMENTAL HEALTH SERVICES S.R.O. 1 (RODENT CONTROL) Short title. Interpretation. 2007 ENVIRONMENTAL HEALTH SERVICES S.R.O. 1 (RODENT CONTROL) “occupier” means the individual, partnership or corporation that uses, occupies or manage any business premises or institution or part thereof whether as owner or tenant; “owner” means the actual owner, the agent or the custodian of any business premises or institution, whether such premises or institution be in use or vacant, and means the lessee when by the terms of any agreement the lessee is held responsible for maintenance and repairs of the building or institutions; “rat eradication” means the elimination or extermination of rodents by any or all of the accepted measures such as poisoning, fumigation, trapping and rat – proofing; “harbourage” means any condition in, under or outside of any structure which provides shelter or protection for rodents, thus favouring their multiplication or continual existence, in, under or outside of any structure; “rat proofing” means a form of construction intended to prevent the ingress of rodents into any business premises or institution from the exterior or from any such premises or institution to another, and shall consist essentially of treatment with material impervious to rodent gnawing of all actual or potential opening in exterior walls, ground floors, roofs and foundations that may be reached by rodents by climbing or by burrowing; “rodents” includes rats and mice. 3. The owner of every business premises shall maintain such premises or institution in a rat proofed and rodent free condition to the satisfaction of the Chief Environmental Health Officer. Rat-proofing of premises. 2007 ENVIRONMENTAL HEALTH SERVICES S.R.O. 1 (RODENT CONTROL) 4. (1) The Chief Environmental Health Officer may by notice in writing require the owner of any business premises or institution to take measures for rat-proofing the premises or institution within such time not being less than 30 days as may be specified in the notice. (2) An Environmental Health Officer may in his discretion extend the time specified in any notice given in accordance with sub regulation (1), but any such extension shall not exceed 15 days except with the approval of the Chief Environmental Health Officer. (3) The owner of any business premises or institution who receives a notice under this regulation shall take immediate measures to comply with the notice within the time specified therein or within the time to which an extension may have been granted by an Environmental Health Officer. 5. (1) The Chief Environmental Health Officer may by notice in writing require the occupier of any business premises or institution to undertake rat-eradication measures in any such premises or institution where there is evidence of rodent infestation. (2) The occupier of any business premises or institution who receives a notice under this regulation shall within 10 days of the receipt of such notice institute rat eradication measures and shall continuously maintain such measures to the satisfaction of an Environmental Health Officer until such time as the building or institution is declared by the Chief Environmental Health Officer to be free of rodent infestation. 6. Where after due notice has been served in accordance with regulation 5 any occupied business premises or institution provides in the opinion of the Chief Environmental Health Officer, extensive harbourage for rodents he may apply to the Magistrate to order the closure of such premises or institution until such time as he is satisfied that rat-proofing or rat-extermination has taken place. Notice regarding rat proofing. Notice regarding rat eradication. Closure of premises. 2007 ENVIRONMENTAL HEALTH SERVICES S.R.O. 1 (RODENT CONTROL) 7. Every person having in his possession or under his control any food for feeding, poultry, cows, pigs, horses or other animals shall unless such food is stored in a rat-proofed building, store such food in rat-proofed containers,compartments or rooms. 8. No person shall place, leave or dump any waste, animal or vegetable matter or any dead animal or any garbage, rubbish or trash in or any occupied or unoccupied premises or on any vacant lot or on any lane, alley, road, street or highway. 9. Any person who fails to comply with these regulations or with any notice served thereunder commits an offence and liable on summary conviction to a fine of one thousand dollars or to imprisonment for a term of three months or to both such fine and imprisonment, and in addition in the case of a continuing offence to a fine of one hundred dollars for each day the offence continues after a conviction is first obtained. Made this 4 th day of January, 2007. JOHN FABIEN Minister for Health Storage of food. Dumping prohibited. Penalty. DOMINICA Printed by the Government Printer at the Government Printery, Roseau (Price 80 cents)