Processed Food (Inspection and Sampling) Regulations, 1959

PROCESSED FOOD THE PROCESSED FOOD ACT REGULATIONS (under section 13) THE PROCESSED FOOD (INSPECTION AND SAMPLING) REGULATIONS, 1959 (Made by the Governor in Council on the 18th day of September, 1959) LN. 233/59 [J 5th October, 1959.] 1. These Regulations may be cited as the Processed Food (Inspection and Sampling) Regulations, 1959. 2. In these Regulations the expression "the Act" shall be deemed to include regulations made under the Act. Inspection 3. An inspector or analyst or any other person authorized in writing by the Director of the Bureau of Standards may take photographs of any part of an establishment and of any articles to which the Act applies. 4. An inspector or analyst at any reasonable time (a) may enter any vehicle which he reasonably believes to be used for the purpose of transporting any article to which this Act applies and may examine such vehicle; or (b) may in an establishment examine anything that he reasonably believes is used or is capable of being used for the transporting of such article. 5.-{1) Where an inspector has seized in an establishment and detained any articl, by means of or in relation to which he reasonably believes any provisit,. 1 of the Act has been contravened, he shall attach to such article or to at least one package thereof a numbered detention tag in the. form prescrihP.d in Form A of the First Schedule. (2) Within twelve hours after attaching such detention tag the inspector shall deliver or post to the owner or person in possession of (The inolusion of this page is authorized by L.N. 96/ 1977) ,tmd: L.N. 83/64 263/72 95/76 First Schedule. Form A. 3 4 First Schedule. FormB. FormC. THE PROCESSED FOOD (INSPECTION AND SAMPLING) REGULATIONS, I959 the article a notice of detention in the form prescribed in Form B of the First Schedule. (3) No person shall alter, deface or destroy any such detention tag and no person shall remove such detention tag unless first authorized by an inspector. (4) No person shall tamper with, sell or offer for sale or move, allow or cause to be moved from such establishment any detained food or processed food unless first authorized in writing by an inspector. (5) Upon the release of an article seized by him, the inspector shall deliver or post to the owner or person in possession thereof a notice of release in the form prescribed in Form C of the First Schedule. Sampling 6. An analyst may at any reasonable time (a) enter any place where he reasonably believes any article to which this Act applies is manufactured, prepared, processed, packed, stored or kept for export or for sale, examine such article and take samples thereof fr-ee of charge and examine anything that he reasonably believes is used or is ~pable of being used for the manufacture, preparation, processing, packing, storing or keeping of such article; (b) open and examine any container that he reasonably believes contains any article to which this Act applies: (c) take such tests as he may deem necessary for ensuring that the provisions of the Act are being complied with. 7. When taking a sample for analysis an inspector or analyst shall. after procuring a suitable quantity of the article in question forthwith notify the owner thereof or the person from whom the sample was obtained of his intention to have a sample thereof analysed or examined and (a) where, in the opinion of the inspector or analyst, division of the procured quantity would not interfere with analysis or examination (i) divide the quantity into three parts: (ii) identify the three parts as the owner's portion, the sample, and the duplicate sample and in the case where only one part bears a label, that part shall be identified as the sample: (lbe · 1ndluaion of this Paac is a11th-,rized by L.N. 96/ 1977) THE PROCESSED FOOD (INSPECTION AND SAMPLING) REGULATIONS, 1959 (iii) seal each part in such a manner that it cannot be opened without breaking the seal; and (iv) deliver the part identified as the owner's portion to the owner or the person from, whom the sample was obtained, retain the duplicate sample and have the sample analysed or examined; or (b) where in the opinion of the inspector or analyst. division of the procured quantity would interfere with analysis or examina tion (i) identify the entire quantity as the sample; (ii) seal the sample in such a manner that it cannot be opened without breaking the seal; and (iii) have the sample analysed or examined and the owner or his representative shall be permitted to be present during such analysis or examination. (c) where the owner or the person from whom the sample was obtained objects to the procedure followed by an inspector or analyst pursuant to paragraph (a) or (b) at the time the sample was obtained, the inspector or analyst shall follow both pro cedures set out in those paragraphs if the owner or the person from whom the sample was obtained supplies him with a sufficient quantity of the article. 8. For the purpose of ascertaining the grade of a product during the production of the product at an establishment an inspector may take such samples for examination as he deems necessary. 9. For the purpose of ascertaining the grade of a designated consignment or lot. of prescribed food the following procedure shall apply (a) the designated consignment, or lot, of prescribed food shall be so placed as to permit thorough and proper sampling in accordance with these Regulations; (b) the inspector shall select samples of such prescribed food at random and from positions in the consignment, or lot, in such manner and number, as to secure representative samples of the consignment or lot; [The inclusioo of tbil paae is authorized by L.N. 4/ 1976) 5 6 Second Schedule. THE PROCESSED FOOD (INSPECTION AND SAMPLING) REGULATIONS, 1959 (c) the inspector shall select from each consignment, or lot, not less than the number of samples indicated in the S~cond Schedule; (d) the inspector shall mark the samples so that they may be properly identified for inspection. 10.-{1) For the purpose of determining the grade to be awarded to a consignment or lot of prescribed food from the examination of samples taken therefrom the following rules shall apply where such food is intended for export (a) the grade claimed for or declared on the labels of any consign ment or lot of prescribeq food (hereafter in this regulation referred to as the designated grade) shall not be awarded unless at least 84% of the samples are within the designated grade; (b) where 84% of the samples are within the designated grade, but (i) there is one prescribed grade below the designated grade, if more than 8 % of the samples are below such lower prescribed grade, the grade awarded shall be such lower prescribed grade; (ii) there are two prescribed grades below the designated grade (A) if more than 8 % of the samples are two grades below the designated grade, the grade awarded shall be one grade below the designated grade; (B) if 8 % or less of the samples are below the lowest of the prescribed grades, the grade awarded shall be one grade below the designated grade; (C) if more than 8 % of the samples are below the lowest of the prescribed grades, the grade awarded shall be two grades below the designated grade. (2) The provisions of paragraph (1) shall apply in relation to prescribed food intended for sale in the Island as they apply in relation to prescribed food intended for export with the modification that wherever the figures and. symbols "84%" and "8%" appear in the (The inclusion of this page is authorized by L.N. 4/ 1976) THE PROCESSED FOOD (INSPECTION AND SAMPLING) REGULATIONS, 1959 aforesaid paragraph there shall be substituted therefor respectively the figures and symbols "75%" and "12½%". 11. Any person who contravenes any of the provisions of these Regulations shall be guilty of an offence and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding two hundred dollars or to imprisonment with or without hard labour for a term not exceeding twelve months. FIRST SCHEDULE FORM A HELD (Regulation 5) HELD UNDER TifB AUTHORilY OF THE PROCESSED FOOD ACT AND THE REGULATIONS MADE lHEREUNDER. Date ............................................... . Establishment ............................................................. .. Inspector .................................................. .. Form PF ................................................. .. [The inclusion of this page Is authorized by L.N. 4/ 1976) 7 8 THE PROCESSED FOOD (INSPECTION AND SAMPLING) REGULATIONS, 1959 FIRST SCHEDULE, contd. FORM B Ministry of Marketing and Commerce PROCESSED FOODS DIVISION NOTICE OF DETENTION (Regulation S) Place ...................................................... Date .......................................... . To ................................................ Address .........•...................................... You are hereby notified that the ........................................................... . cases of ............................................................................................ . marked ............................................................ Brand and said to have originated at ...................................................................................... . and now located at. ............................................................................ . are hereby held under HELD TAO Nos .................................................. . Reason for detention .......................................................................... . Remarks .................................................................................................. . You are hereby forbidden to move or cause or allow the same to be moved until you have the written authority of a duly authorized inspector. Acknowledged Form PF ..................................... .. Inspector under the Processed Food Act [The Inclusion of this page is authorized by L.N. 4/ 1976) THE PROCESSED FOOD (INSPECTION AND SAMPLING) REGULATIONS, 1959 FIRST SCHEDULE, contd. FORM C Ministry of Marketing and Commerce PROCESSED FOODS DIVISION NOTICE OF RELEASE (Regulation S) Place ...................................................... Date .......................................... . To ................................................ Address ............................................... . With reference to the ............................................................................... .. which were placed under detention on ....................................... by inspector the following have been satisfactorily dealt with and are released : Held Tag No ................................. . Inspector !The inclusion of this pa~e i• authorized by L.N. 4/ 1976) · 9 SECOND SCHEDULE MINIMUM RATE OF OFFICIAL SAMPLING OF PROCESSED FRUITS AND VEGETABLES (Regulation 9) 0 Minimum rate of sampling from lots containing Size and Type of Container 1 to 600 dozen 601 to 2,000 dozen 2,001 to 4,000 4,001 to 8,000 Exceeding 8,000 dozen dozen dozen ~ t'll Any type of container of less 1 container for 1 container for 1 container for 1 container for 1 container for volume than a No. 300 size each 100 dozen each 200 dozen each 400 dozen each 600 dozen each 800 dozen can (300 x 407) containers or containers or containers or containers or containers or fraction thereof fraction thereof fraction thereof fraction thereof fraction thereof but not less but not less than but not less than but not less than but not less than than 2 6 10 12 20 101 to 200 201 to 500 Exceeding 5,000 ;g C) i t, ~ C) 1 to 100 cases cases cases 501 to 2,000 cases 2,001 to 5,000 cases cases t, Any type of container of a 1 container for 1 container for 1 container for volume equal to that of a 2 4 6 each 100 cases each 200 cases each 300 cases No. 300 size can (300 x 407} or fraction or fraction or fraction or greater, but not exceed- thereof but not thereof thereof ing that of a No. 3 cylinder less than 6 size can (404 x 700) 1 container for Any type of container of a 1 container for 1 container for volume exceeding that of a each 200 cases each 400 cases each 500 cases No. 3 cylinder size can or fraction or fraction I or fraction (404 x 700) but not exceed- 2 3 4 thereof but not thereof I thereof ing that of a No. 12 size less than 6 can (603 X 812} ;:::; ~ ~ C"l .... ~ ~ C) 'O <: ~ <: t, "' ~ ~ 1 to 100 containers 101 to 200 containers 201 to 500 containers Exceeding 500 containers ~ .... Any type of container of a 1 sample from each 1 sample from each 1 sample from each 1 sample from each volume exceeding that of a of 10 percent of the of 5 percent of the of 3 percent of the of 2 percent of the No. 12 size can (603 x 812} containers but in no containers but in no containers but in no containers but in no but not containing more case less than 2 case less than 4 case less than 6 case less than 10 than 5 gallons of the samples product <: ~ ~ "1 ~ c:: r"" ~ ::! 1 to 20 containers 21 to 100 containers 101 to 200 containers Exceeding 200 containers Any type of container contain- 1 sample from each 1 sample from each 1 sample from each 1 sample from each ing more than 5 gallons of of 35 percent of the of 25 percent of the of 10 percent of the of 5 percent of the the product containers but in no containers but in no I containers but in no containers but in no case less than 2 case less than 4 case less than 6 case less than 10 samples C) ~