Food and Drugs (Registration of Food Premises) Order, 1995 (G.S.I. No. 37 of 1995)

GUERNSEY STATUTORY INSTRUMENT 1995 No. - 3 7 The Food and Drugs (Registration of Food Premises) Order, 1995 2?'!.2GS Made ....... Laid Before the States ......... Coming into operation .................................... 1st March, 1996 THE STATES BOARD OF HEAL% in exercise of the powers conferred on it by Sections 15 (3), 15 (4) and 47 of the Food and Drugs (Guernsey) Law, as amended (a) and of all other powers enabling it in that behalf, hereby orders: Interpretation 1. In this Order "the Board" means the States Board of Heafi, "domestic premises" means a dwelling house or other building used principally, but not exclusively, as a dwelling, and its curtilage; "food business" has the meaning given in section 54 (1) of the Law; "food premises" has the meaning given in section 54 (1) of the Law; "food sources" has the meaning given in section 54 (1) of the Law; "the Law" means the Food and Drugs (Guernsey) Law, 1970, as amended (a); "premises" has the meaning given in section 54 (1) ofthe Law; "proprietor" has the meaning given in section 54 (1) of the Law; "retail sale" means sale to the u b a t e consumer: "voluntary organisation" means a body the activities of which are canied on otherwise than for pro& but does not include any body exercising the functions of the States of Guernsey. Premises required to register 2. Subject to section 7, this Order shall apply to all premises which are required to be registered by virtue of section 15 (1) of the Law. (a) Ordres en Conseil, Vol. XMI, p. 412; Vol. XXV, p. 378, Vol. XXlX, p. 329, Order in Council No. X of 1995 Prohibition on use of premises for a food business 3. No person shall use any premises to which this Order applies for the purposes of a food business on five or more days, vhether consecutive or not, in any period of five consecutive weeks unless (a) those premises are registered under the provisions of this Order, or @) an application for those premises to be registered has been made in accordance with section 5 to the Board at least 28 days before the first day of such use. %ply of information 4. (1) Where there is a change of proprietor of a food business camed on at premises required, before the occurrence of the change, to be registered by virtue of section 15(1) of the Law, the new proprietor shall supply the Board with the same particulars as are required to be provided on an application for premises to be registered no later than 28 days after the date of the change. (2) Where there is a change in the nature of a food business, the proprietor of the business shall supply the Board with particulars of the change no later than 28 days afkr the date of its occurrence. Form of Application 5. The form of application for the purposes of this Order is set out in the first Schedule to this Order, and the application shall contain the particulars required in that form, and shall be sigoed by, or on behalf of, the person making it. Application for Rwistration 6 . An application for premises to be registered as required by section 15(1) of the Law shaU be made in WritingtotheBoardhy (a) the proprietor of the food business for the purposes of which the premises are or are to be used; @) the person who permits the premises to be used for the purposes of a food business on five or more days (whether consecutive or not) in any five consecutive weeks. 7. The businesses and premises set out in the second Schedule to this Order shall he exempt from the provisions of section 15 (1) of the Law. 8. This Order shall have effect in the Islands of Guernsey, Aldemey, Hem and Jethou. 9. This Order may be cited as the Food and Drugs (Registration of Food Premises) Order, 1995 commencement 10. This Order shall come into force on the 1st. day of March, 1996. Dated this 2% day of December 1995. S. M. PLANT President of the States Board of Health for and on behalf of the Board First Schedule Section 5 APPLICATION FOR REGISTRATION OF FOOD PREMISES ..................................................................................... Post code:. . . . . . . . . . . . . 2. Name of business:, . (=dingname) 3. Type of premises Please tick ALL the boxes that apply: Farm/smallholding Food mndacluringlprocessinglpacking 17 Slaughterer 0 Importer Wholesalelcash and cany 17 Ditribution/warehousing Retailer a Market Restaurantlcaf6Isnack badpublic house a ............. Telephone No: . . . . . . . . . . . . Staff restaurant/canteen/idtchen/school Catering Hospitallresidential homdnursing homeJhospice Hotellguest house Private home used for a food bmiiess Premises used by a number of businesses Mobile premises Other: please give details 4. Does your business handle or involve any of the following? Please tick ALL the boxes that apply: Chilled foods Frozen foods Fruit andvegetables Fishlfish products Meatlmeat products Dairy products Bakery products Sandwiches Sweet confectionerylice cream Alcoholic drinks El Vacuum packing Bottling andlor other packing Table mealslsnacks/takeaway fwds 17 Delivery senice 0 Bulk storage 17 Use of private water supply Other: please give details 17 .............................. 6. Name(s) of pmprietor(s) of food business: ........................................................................ 5. Are vehicles M shps used for imnprting food kept at or used h m the praiss? YES I NO ............................................................... 7. Addms of business head ofice or registered office: (if dierent fmm a d d m of premise) ..................................................................................... postcode: . . . . . . . . . . . . . Are vehicles, stalls or ships used for NumLm of vchicles/stalls/ships kept at pspsing or selling food, kept at or usod or used &om the premises and used for from the premises? YES I NO p&g, selling or fwd. 9. Is this a ncw business? YES / NO. If yes, the date you intend to open: ................................. 10. If this is a seasonal business, indicate the period you inteud to open each year: ...................................... Tire conrplcted form slrould be sent to: It is an offence to give false or incomplete information EmONMENTAL HEALTH DEPARTMENT Signature: Date:. ................ ...................................... STATES OF GUERNSEY RDARD OF HEALTH ........................ PRINCESS EMABElX HOSPITAL ST. MARTIN'S Name (BLOCK CAPITALS): ............................................. GUERNSEY GY4 6UU Second Schedule Section 7 The following classes of premises or businesses are exempt from the provisions ofthis Order. 1. Premises not used for more than four days in any five consecutive weeks for the purposes of a food business. 2. Premises at which the only commercial operations carried out in relation to food or food sources are one or more of the following: (a) the harvesting of food in the course of horticulture, viticulture or arable fanning, or (i) the cleaning of food harvested there; (ii) the storage of food harvested there; (iii) the packaging of food harvested there except in a form in which the food is to be sold by retail; (iv) the non-retail sale of food harvested there; @) the collection of honey from bees; (c) the production or packing of eggs or the non-retail sale of eggs produced or packed there; (d) the supply of beverages, or of biscuits, potato crisps, confectionery or similar products, ancillary to a business whose principal activity is not the sale of food, (e) the supply of food in the course of a religious ceremony; (0 the retail sale of food by means of an automatic vending machine on those premises. 3. Premises controlled by a voluntary organisation or the trustees of a charity and used only for the purposes of such organisation or charity, where no food (other than dry ingredients forthe preparation of beverages, sugars, biscuits, potato crisps or other similar dry products) is stored for sale. 4. Premises at which no food intended for sale for human consumption is present. 5. Premises where food is (i) stored for sale, or (ii) prepared for sale and it is intended, when the food first enters those premises, that its sale is to take place only in the event of an emergency or disaster. 6 . Domestic premises (i) where the person resident is a volunteer preparing food for a voluntary organisation provided the premises are used for that purpose for less than five days in five consecutive weeks; (ii) used for the production, preparation, storage, bottling or sale of honey &ether wholesale or retail; (iii) where the sale of food is ancillary to the provision of accommodation in not more than two bedrooms; (iv) used for the sale of horticultural or viticultural produce harvested on the premises 7. Premises which are ordinarily kept outside the Bailiwick EXPLANATORY NOTE (THIS NOTE DOES NOT FORM PART OF THE ORDER) This Order, requires food businesses to register their premises with the Board of Health, prescribes a form of application and specifies the procedure for applications. The Order also allows for exemption from registration for certain businesses. Premises wbich are used for the purpose of a food business for less than five days in five weeks will be exempt. Exemption is also granted to some premises where only low risk activities take place (unless the retail sale of food takes place there) and some domestic premises from which food businesses are operated. There is no charge to register premises and registration does not need to be renewed periodically. Any new businesses will need to register their premises at least 28 days prior to opening. The only changes about registered premises which must be notified to the Board are a change of proprietor or a change in the nature of the business.