Public Health (Condensed Milk) Rules

LA "·s OF MALA \\'I Public Health Cap. 34:01 PUBLIC HEALTH (CONDENSED l\ULK) RULES deemed to be made under s. 109 [made under s. 74 of the Public Hea!t!z Ordinance, 1932, No. 5 of 1932 (now repealed)] 78a G.N. 47/1940 20l/l954(F) 224/1963 166/1967 1. These Rules may be cited as the Public Health (Condensed Citation Milk) Rules. 2. In these Rules unless the context other~ise requires "condensed milk" means milk, or skimmed 'milk which has been concentrated by the removal of part of its water, with or without the addition of sugar, and .includes the article commonly known as "evaporated milk'' but does not include the article commonly known as "dried milk" or "milk powder"; Interpreta tion L.R.O. I/ 1972 LAWS OF l\lALA\\'l 78b Cap. 34:01 Public Health [Subsidiary] Public Health (Condensed Milk) Rules "skimmed milk" includes separated or machine, skimmed milk; "net weight" means the weight of the contents exclusive oft he tin or other receptacle; "owner" in respect of goods includes any person being, or holding himself out to be, the owner, importer, exporter, consignee, agent or person in possession of or beneficially interested in, or having any control oL or power of disposi tion over, the goods; "percentage" means percentage calculated by weight. LAWS OF MALAWI Public Health Cap. 34:01 l'11b/ic !fro/th (Co11rlc11sed l\-lilk) RI/Jes 3. No person shall sell or expose for sale or deposit in any place for the purpose of sale, or despatch or deliver to any purchaser, broker or agent any condensed milk intended for human consumption unless the condensed milk (a) is contain~d in a tin or other receptacle which is labelled in the manner prescribed in and compliei wi'lh all the condi tions laid down in the First Schedule; and (b) contains not less than the appropriate percentage of fat and milk solids as specied in the Second Schedule: Provided that (i) this rule shall not apply in any case where the con densed milk is contained in a tin or otlwr receptacle whose net weight exceeds fifteen pounds; (ii) in any refreshment room, restaurant room or other place in which food or drink is sold for consumption on the premises, the receptacle containing conclensed milk so sold shall not be required to be labelled in the manner prescribed by these Rules; (iii) this rule shall not apply in any case where condensed milk is imported for re-exportation and remains under control of public o11iccrs n:sponsible for Customs and Excise until exported from Malawi to any other place. 4. Any medical officer. health inspector, police officer of the rank of sub-inspector or above or any other person authorized by the medical ofticer or by a local authority in writing may procure any sample of condensed milk, and, where an analysis is required for the purpose of these Rules, shall submit the sample to the officer for the time being exercising the duties of Pathologist of the Ministry of I Icalth and shall forthwith notify to the seller or his agent selling the condensed milk his inteqtion of having the same analysed by the Pathologist of the Ministry of Health. 5. Any medical oflicer, health inspector or police officer of the rank of sub-inspector or above and any other person authorized by the medical ofTlcer or by a local authority in writing may when exercising the powers of entry on to land or into premises conferred by section 131 of the Act, take saq1ples of any article used or capable of being used in the preparAtion of condensed milk and of any labels designed to be used.for affixing to tins or other receptacles of condensed milk. 79 I Subsidiary I Conditions on disposal of con densed milk Analysis of sample Taking of samples 6. No person shall import into Malawj condensed milk in- Importation tended for sale for human consumption unless the same contains not less than the appropriate percentages pf milk fat and milk LR.O. I/ 1968 80 I Subsidiary I Samples of imported milk Offences Limit on application rr. 3 (a) and 6 LAWS OF MALAWI Cap. 34:01 Puhlic /fro/ti, Public lfc:alth (Co/lll,•11.1c<.' Mil/..) Rules solids as specified in the Second Schedule and is contained in a tin or other receptacle labelled in the manner prescribed in the First Schedule: Provided that this rule shall not apply in any case (a) where the condensed milk is contained in a tin or other receptacle whose net weight exceeds fifteen pounds: (b) where the condensed milk is imported for re-exportation and remains under control of the public omcers responsible for Customs and Excise until exported from Malawi to any other place. 7. A public officer responsible for Customs and Excise may take such samples of consignments of imported condensed milk as may be necessary for the purpose of analysis by the Patholo gist of the Ministry of Health. 8. Any person who is guilty of an olTence against, or who acts in contravention of, or who fails to comply with, any of these Rules shall be liable to a penalty of £25 and, in the case of a continuing offence, to a further penalty of £3 for every day during which the offence continues. 9. These Rules shall not apply to supplies of condensed milk which are in Malawi at the time of the coming into operation of these Rules until a period of six months from the date of such coming into operation has elapsed. FIRST SCHEDULE REGULATIONS WITH RESPECT TO THE L/\UELLING OF CONDENSED MILK l. Every tin or other receptacle containing condensed milk shall bear a label upon which is printed such one of the following declara tions as may be applicable (!) In the case of full cream milk (unsweetened): CONDENSED FULL CREAM MILK (UNSWEETENED) This tin contains the equivalent of ta) Pints of milk. LAWS OF M,\LA WI Public Health Cap. 34:01 ~·----. I'11blic llca/rh (Coll(/cnscd Milk) Rules ( U) In the case of full cream milk (sweetened): CONDENSLD Flll,L CRF/\M MILK (~WEETENED) This tin contains the equivalent of (a) Pints of milk, with sugar added. · · ( Ill) In the case of skimmed milk (unsweetened): CONDENSED SKJl\lMED MILK (UNSWEETENED) UNSUITABLE AS A SOLE FQOD FOR BABIES (Vernacular translation) This tin contains the equivalent of (a) Pints of skimmed milk. (IV) In the case of skimmed milk (sweetened): CONDENSED SKIMMED MILK (SWEETENED) l lNSl IJTi\BLr i\S i\ SOLE FOOD FOR BABIES (Vernacular translation) This tin contains the equivalent of (a) Pints of skimmed milk. with sugar added 2. The declaration shall in each case be completed by inserting at (a) the appropriate number in words and figures; e.g. "one and a half ~1½)," any fraction being expressed as eighths, quarters or half. For the purposes of these Rules "milk .. means milk which contains not less than I :'..4 per ccntum of milk sulids (including not less than 3.6 per centum of milk fat) and "skimmed milk" means milk which contains not less than 9 per centum of milk solids other than milk fats. 81 I Subsidiary J L.R.0.l(J968 82 [Subsidiary) LAWS OF MALA WI Cap. 34:01 Public I-lea/th Public Health (Co/l{le11.1ed Milk) Rules 3.-(a) in the case of full cream condensed milk the prescribed declaration shall be printed in dark block type upon a light coloured ground. (b) In the case of condensed skimmed milk the prescribed declara tion shall be printed in white block type upon a black ground. (c) There shall be a surrounding line enclosing the declaration and in the cases in which the words "unsuitable as a sole food for babies" and the vernacular translation are required to be used there shall be another such line enclosing these words. (d) The distance between any part of the words "unsuitable as a sole food for babies" and the vernacular translation and the surrounding line enclosing these words shall not be less than one sixteenth of an inch. (e) No matter other than that hereinbefore prescribed shall be printed within either surrounding line. (j) The type used for the declaration shall not in any part be less than one-eighth of an inch in height (or if the net weight of the contents of the tin or other receptacle does not exceed twelve ounces, one-sixteenth of an inch in height) and the type used for the words "unsuitable as a sole food for babies" and the vernacular translation shall not be less than three-sixteenths of an inch in height ( or if the net contents do not exceed two and three-quarter ounces, one-eighth of an inch in height.) (g) In cases in which the words "unsuitable as a sole food for babies" and the vernacular translation are required to be used the entire panel in which 1the prescribed declaration is enclosed shall present an all-black background with the declaration in white block type and the surrounding lines in white: no colour nor shading medium shall appear on the panel and no decorative border round the panel of any kind or description shall be allowed. 4. The label shall in addition bear the name and address of the manufacturer of the condensed milk or of the dealer. merchant or importer in the territory for whom it is manufactured. 5. The label shall be securely affixed to the tin or other receptacle so as to be clearly visible. If there is attached to the tin or other receptacle a label bearing the name, trademark or design represent ing the brand of the condensed milk, the prescribed declaration shall be printed as part of such label. 6. The label shall in addition bear the net weight of the contents of the tin or other receptacle. The type to be used shall not in any part be less than one-eighth of an inch in height: Provided that when the net weight of the contents of the tin or other receptacle does not exceed twelve ounces. the type shall be not less than one-sixteenth of an inch in height. 7. Wherever the word "milk'' appears on the label of a tin or other, receptacle of condensed skimmed milk as the description or part of the description of the contents, it shall be immediately preceded or1 followed by the word "skimmed." LAWS OF MALAWI Public HC:'altlz Cap. 34:01 83 Public llealth (Condensed Mi//,.) Rules [Subsidiary I 8. There shall not be placed on any tin or other receptacle contain ing condensed milk (a) any comment on, explanation of, or reference to either the statement of equivalence contained in the prescribed declaration or the words "skimmed" or "unsuitable as a sole food for babies" and the vernacular translation; or (b) any instruction as to dilution. unless either (i) the fluid produced in accordance with such instructions would contain not less milk fat and not less milk solids than milk or skimmed milk as defined in paragraph 2 of this Schedule as the case may require: or (ii) such instructions clearly specify that ~he fluid produced is not of equivalent composition to milk or skimmed milk as the case may be. 9. Where a tin or other receptacle containing condensed skimmed milk is required under these Rules to be labelled. no person shall expose or offer for sale or sell such a tin or receptacle in a paper or other wrapper unless such wrapper has printed 011 the outside thereof the words "unsuitable as a sole food for babies" and (here insert vernacular translation). such words being contnined within a sur rounding line. The type used for the words shiill not be less than three-sixteenths of an inch in height (or if the net contents do not exceed two and three-quarter ounces. one-eighth of an inch in height) and the printing and colouring shall otherwise conform with the Rules prescribed for the printing and colouring of the same matter on the label affixed to the tin or other receptacle. · SECOND SCHEDULE All condensed milk shall contain not less than the appropriate percentages of milk fat and milk solids as specifled in the following table. Description of ~!ilk I. Full cream, unsweetened 2. Full cream. sweetened 3. Skimmed, unsweetened 4. Skimmed. sweetened Percentage of milk fat 9 9 Percentage of all milk solids including fat 31 31 20 2(, rr. 3 (h) and 6 L.R.O. / / /968