Public Health (Sale of Food and Drugs) Regulations (ACT)
THE TERRITORY FOR THE SEAT
OF GOVERNMENT.
Regulations under the Public Health Ordinance
1928-1930.
J O H N M o N E I L L , Minister of State for Health, acting for and on
behalf of tho Minister of State for Home Affairs, in pursuance of
the powers conferred by the Seat of Government (Administrat ion)
Ordinance 1930, and the Publ ic Heal th Ordinance 1928-1930, herebymake the following Regulations to come into operation forthwith. Dated this fifteenth day of September, 1931.
J . M o N E I L L
for Minister of State for Home Affairs.
P U B L I C H E A L T H ( S A L E O F F O O D A N D D R U G S ) E E G U L A T I O N S .
P A R T I . — P R E L I M I N A R Y .
Short title.
1. These Regulations may bo cited as the Public Heal th (Sale of Food and Drugs) Regulations.
Paits. • 2. These Regulations are divided into Pa r t s , as follows:—
P a r t I .—Prel iminary, P a r t
I I .—Adultera t ion, labelling and false, description of food
and drugs.
P a r t I I I . — S a l e of food and drugs. P a r t IV.—Powers of inspection and sampling.
P a r t V.—Protection of food and drugs from contamination. P a r t VI.-—Conditions governing the sale of certain goods. Division 1.-—Fish and shell-fish.
Division 2.—Ice, ice-cream, and goods stored in refrigerating works.
Division 3.—Aerated waters, beverages, &c.
Division 4.—Bread, cakes, &c.Division 5.—Meals and cooked meat.
P a r t VII.—Miscellaneous.
Definitions. 3. I n these Regulations, unless the contrary intention appears— " Brit ish Pharmacopoe ia" means the Bri t ish Pharmacopoeia in its current issue as from time to time issued by the General Council of Medical Education and Registration of the United Kingdom;
" Closet" means closet as defined in the Public Heal th (General Sanitat ion) Regulations made under 'the Ordinance;
" L a b e l " means a label, tag, brand, mark or statement in writing, whether or not containing any pictorial or other descriptive ma t t e r ;
with any business carried on at the premises; " Infectious disease " means infectious disease as defined in the Public Heal th (Infectious Diseases) Regulations made under the Ordinance;
" Minister " means the Minister of State for Hea l th ;
" O w n e r " includes the occupier or person having the charge,
management or control of premises, and the owner, whether
1 jointly or severally, of any premises, the authorized agent, manager, or superintendent of tho owner, and in the case of mortgaged premises both the mortgagor and the mortgagee, and also includes a lessee, and in the case of premises owned by the Commonwealth Government, the person in charge of such premises;
" P a c k a g e " includes any case, bottle, jar , vessel, bag, box or other receptacle and any means by which goods are cased, covered, enclosed, contained or packed;
" P l a c e " includes any house, building, vehicle, car, station,'shed, land, or premises;
" Premises " includes all buildings, structures, and lands within
the curtilage, thereof; and any vehicle used in connexion
" Sale " includes offering or at tempting to sell for consumption or use by man, or receiving for sale^ or having in possession for sale, or exposing for sale, or sending, for- warding or delivering for sale, or causing or suffering or permit t ing or allowing to be sold or offered or exposed for salo for consumption or use by man and also includes barter
for such purposes'; - '
. " The O r d i n a n c e " means the Public Health Ordinance 1928-
1930, .
| P A R T | I I . — A D U L T E R A T I O N , | LABELLING | AND | F A L S E | DESCRIPTION | OF |
• ' POODS OR DRUGS.
| . 4. A food or a drug shall bo'deemed to be adulterated— | conditiom of |
(a) if it contains or is mixed with any. substance in ,any quanti ty <"Julterati°n- or in any proportion which- diminishes in any manner its nutr i t ive or other beneficial properties compared with the same i n ' a pure and normal - s ta te and in' ah un- deteriorated and sound condition or which- in any manner operates or may operate to the prejudice or disadvantage
of the.purchaser oi- consumer; '
(b) if i t contains or is mixed or diluted with any substance of lower commercial value than the same food or drug in a pure and normal state and in . an undeteriorated and so'und condition;
(c) if any substance, constituent or ingredient has been wholly or in pa r t extracted, abstracted or omitted from it, and as a result its nutr i t ive or other beneficial properties are less than those of the same food or drug in its pure and
| ' . . | normal state, or the purchaser oi' consumer is or may be in any manner prejudiced or disadvantaged; |
• • (d) if, either wholly or in par t , it does not comply with the
prescribed 'standard; _,
(e) if it contains anything, .the use of which is prohibited by
the Ordinance;
( / ) if i t contains any substance in ' excess of the prescribed quanti ty or proportion of such substance;
| ', | (g) if it is mixed, coloured, powdered, coated, stained or treated in any manner whereby damage, deterioration, inferiority, or true character or quality is or may be concealed; | |
| (h) if it consists wholly or in par t -of/ or is mixed with, any filthy, decomposed or put r id animal or vegetable sub- stance or of any port ion of. an animal or vegetabhxunfit ' for use as or in a food or .drug, whether manufactured or not, or it has not been- sufficiently cleaned or purified; | ||
| ||
| • has died otherwise than by slaughter; ' (j) if it is damaged, deteriorated or perished;- (fc) if, being a food, it contains methyl alcohol or,- not having |
paid Excise duty, i t contains-more than two par ts per
centum of proof sp i r i t ; or -
( i ) . i f another substance lias been substituted, wholly or in part , for such food or d rug : .'• •
Provided that in any proceeding under these Regulations for selling a food or drug to which pa ragraph ( a ) or paragraph (Z;) of this regulation applies, the food or drug shall, not be deemed to be adulterated if it is sold as a mixture in the prescribed manner.
| notification in the Gazette, there shall be legibly and durably printed, Pac1;0B«*- | •, 5.—(1.) Except in the case of packages exempted by the Minister by Labelling of | |
| stencilled, impressed or marked on or attached to every package con- taining any food or drug a label which shall set out the following part iculars, and shall, if so required elsewhere in these Regulations, bo | ||
|
(a) I n the case of a package of any food or drug—
. ( i ) the t r a d e n a m e or description;
( i i ) the net weight or number or true measure or
volume of the contents of the package;
( i i i )
the name and business address of the manufacturer or packer or vendor of the contents of t3ie package; '' - , ' " - ' ' '•
- ' . •-
( iv) the place of manufacture within Australia or the
•" • country of origin outside Aus t ra l ia ; arid <••'-".• (v) any other prescribed part iculars , directions, state- • •<• ' ments, information or words ;
(b) I n the ease of a package of any food—
(i) whether the contents of the package are com-
pounded, imitated, mixed, or blended;
( i i) whether in such food any substance used in the preservation thereof is present, and, if so, the nature and the quantity or proportion of the substance; and
1; (i i i) whether any colouring or flavouring is present in such food and, if so, the nature of siich colouring or flavouring; and (c) I n the case of any package containing any specified drug or any compound or mixture of which any specified drug forms a par t—the name of the specified drug and the quantity or proportion thereof in the package or the com- pound or mixture.
(2.) lu- this liegulation, " specified " means specified by the Minister by notification .in the Gazette, and " packer " moans any person or body .of persons causing the contents of any package to be.padked therein.
False 6. A food or drug shall be deemed to be falsely described— description. (a) If it is in a package, and— •
(i) the contents of the package as originally put up
have been removed in whole or in part , and
other contents have been'placed in the package;
• o r ( i i ) i t fails to bear on the package, or on a label on or attached thereto, a statement of the quantity or proportion of any morphine, opium, cocaine, heroin, a'Tpha-eueaine or beta-eucaine, chloro- form, cannabis indica, chloral hydrate, acetanilide, phenacetin or any soporific or
. . . hypnotic substance or any derivative or prepara-
tion of -any such' substances contained therein; or
(i i i) the package or .any label on or attached thereto or
any advertisement, circular, or sign relating
thereto boars a statement, word, brand, mark,
design or device regarding the nature, quality,
strength, puri ty, composition, origin, age, orproportion :of the food or : drug, which is false
or misleading in any par t icular ;
(b) I n the oaso.of imported goods', if it has not applied thereto • . ' the trade or other descriptions as required for its
importation under any law of the Commonwealth for the . time being in force, or if it has applied thereto a false trade or other description within the meaning of any such
l a w > . •'• J .-
(c) If it., is an imitation of or is offered for sale under the
. distinctive name of another food or drug;
(d) "If it is labelled or marked so as to deceive, or as to be likely to deceive or misload the purchaser, or purports to be an imported article when it is not such;:
(c) If it" is sold under, a name which conveys or is likely to convey false indication of origin, character, or place of manufacture, or to lead the purchaser to suppose that it is any other food or' drug or product thereof; or
(/) I f it is not packed and labelled iii. the prescribed manner.
Standard
7. Any drug sold under any name included in the. Bri t ish Pharmacopoeia which does not comply with the description given of and tests specified for such drug in the" British Pharmacopoeia shall, unless such drug is included in a list of exceptions published in the Gazette under tiie authority of the Minister, 'be deemed to be a drug which is not of the substance of the drug demanded by the purchaser.
(or drugs;
PART I I I . — S A L E OF FOODS AND DRUGS.
Selling by 3. Any person shall he deemed to sell any food, drug, or article, who self or agent. sells the same either on his own account, or as the agent or servant of
any other person.Sale of 9. Any person who sells any food or drug which is adulterated or adulterated food an falsely described or which, is packed or enclosed for sale or labelled in offence. any manner contrary to these Kegulatious shall be guilty of an offence. 10. Any person who— sab under (a) mixes, or causes or permits to'be mixed for purposes of conditions an sale, with any. food any ingredient or material which the offonoe- •Minister, by notice in the Gazette, declares to be an injurious ingredient or colour, or causes or permits to be coloured any food with any ingredient or material so declared to be injurious, or sells any food go mixed or coloured;^
(b) mixes or causes or permits to be mixed for purposes of sale, any ingredient or material with any drug, or colour, or causes or permits to be coloured any drug, so as to affect injuriously the quality or potency of such drug, or sells, any drug so mixed or coloured;
.
,
(c) mixes or causes or permits to be mixed for purposes of sale any ingredient or material with any food or drug in order thereby fraudulently to increase its weight, bulk or measure, or to conceal its inferior quality;
(d) soils any food or drug mixed with any ingredient or material
-whereby the weight, bulk or measure of such food or
drug has been fraudulently increased, or its inferior
quality concealed; .;. •
(e) sells any food or drug which is not of the nature, substance or quality of the food or drug demanded by the purchaser; or sells any quantity of food or drug less in weight or measure than the weight or measure or number demanded and paid for by the purchaser; or
(/) sells any compounded food or drug which i$ not composed
. o f ingredients in, accordance with tb,e demand of the
purchaser;
shall be guilty of an offence.
11. I n any prosecution under these Regulations, it shall be no Certain
| i | .. | , | i i | j . | • | • | • | '" | contentions |
| (letence to prove that—• | • | • | not a defence. |
(a) the food or the drug, the subject of the prosecution, though defective in nature or in substance or in quality, was not defective in all three respects; or
(b) the purchaser., having bought only for analysis, was not prejudiced by such sale.
12.—(1.) When any person sells a food or drug which is a mixture, Contents of a.,.
ihe ingredients shall be, pure and in an undeteriorated and sound ED pure", ™™ '.-.
condition.
(2.) The vendor shall deliver the> mixture to the purchaser in a package, on or attached to which is a label stating that the food or drug is a mixture and the names-of the ingredients legibly and uniformly written and the names and proportions of the ingredients as prescribed.
| (i5.) Notwithstanding anything contained in the last preceding sub-regulation,, it shall not be necessary to supply a label in'the case of— (a) a food or drug generally known to users.as a compounded article or a drug not recognized by the British Pharma- copoeia, if the food or drug is mixed with any ingredient oi' material not injurious to health and not intended | fraudulently to increase its bulk, weight, or measure, or |
| to conceal its inferior quality; |
(b) a drug supplied by prescription or order signed by a regis-
tered medical practitioner for his patient, or a drugcompounded and supplied by a registered pharmaceutical
chemist; or ..."
(c) a mixture exempted from this section by the Minister by notice published in the Gazette,
(4.) Any person who sells any food or drug which is a mixture in respect of which this Regulation has been contravened or has not been complied with, shall be guilty of an o'ffence.
13.—(1.) The Minister may, by notification iu the Gazette, prohibit ProhioMon of
| the advertising or sale of— | fnjurioua |
(a) any food or drug; or d,'UE8- (b) any article or apparatus alleged to be useful or efficacious in relieving human suffering, or in curing, overcoming or alleviating any physical defect,
which, in his opinion, is injurious to life or health, or which by reason of its inactivity or inefficiency is useless for the advertised purposes:
Provided that no such notification shall be made until a reasonable opportunity has been given to the manufacturer, importer, vendor, or owner of such food, drug, or article, or his agent, to place his objections to the proposed notification before the Minister.
(2.) Any person who advertises or sells any food, drug or article in contravention of any such notification and any person who prints any advertisement so notified, and any proprietor or manager of a news- paper or other public pr int who publishes any advertisement so notified, shall be guilty of an offence. •
Provided that nothing in this sub-regulation shall/ apply to the advertisement of driig3 in bona fide t rade journals or price lists by or on behalf of manufacturers to the retail trades only, or to the sale of drugs supplied by prescription'or order signed by a registered'medical practitioner or by him given to his patient or to any other person on behalf of such patient.
Forbidding 14. A person shall not, unless as prescribed, sell or offer for
(a) consisting wholly or in par t of lead or of any metal alloy
containing more than ten per cent, by weight of lead; or
(6) soldered (where in contact with any food) with a metal alloy
containing more than ten per cent, by weight of lead;Impurities in utensils. sale or use in the manufacture, preserving, storage or transit of any
food for any purposes of sale any cooking utensil or any appliance—or
(c) tinned inside with a metal alloy containing more than one
• ••' • per cent, by weight of lead; or (d) containing enamel, glaze, india-rubber, or gutta-percha which, on boiling for 30 minutes with dilute acetic acid containing four per cent, by weight of acetic acid yields lead to the la t ter ; or
(e) containing more than one-fourth of a grain of arsenic per pound of metal alloy, enamel, glaze, india-rubber or gutta-percha.
Forbidding 15. A person shall not sell— use.of certain ,
toxio ,'.' (a ) any toy; or
substances.' ..(&).any wallpaper, decorative paper, or paper serviettes, or paper used in the enclosure of any food for sale,
in or upon which there is any paint , colour, facing, dressing, size, or
varnish containing arsenic or antimony in any form or compound.
Sale of 16.—(1.) The Minister may, by notice in the Gazette, prohibit the disinfectants , sale of— and " *• proprietary '•'
remedies. • '' (a) any substance or compound as a disinfectant, germicide, antiseptic or preservative; and
(&) any patent or proprietary medicine which the Director-
General certifies to be deleterious to health.
(2.) Any person who sells any substance, compound, or medicine.in contravention of this Regulation shall be guilty of an offence.
(3.) For the purposes of this Regulation " p a t e n t or-propr ie tary medicine ". means any medicine or medicinal preparation for external or internal use which the maker or vendor has any exclusive r ight t o make under the authority of letters patent, or which is recommended to the public by advertisement, price-list, handbill or label for the prevention, cure, or relief of any human ailment or physical defect.
(4.) The Director-General may. require such information or direc- tions concerning disinfectants, germicides, antiseptics, or preservatives,
as he deems fit to be set out on labels attached or affixed to packages
containing the same. - . V (5.) A u y person who sells or exposes for sale any substance or compound under the name or description of or with intent that it may be used as a disinfectant, deodorizer,' germicide, preservative, antiseptic, sanitary powder, or sanitary fluid, without disclosing, the name or names of such substance or. compound, and the percentage of the active ingredients contained in the same, by a label distinctly and legibly written or pr in ted .on or with the substance or compound, shall be guilty of an offence.
Examination
17.—(1.) The Director-General may cause to be examined any food for sale, for the purpose of ascertaining its composition and properties, -and.shall compare the results of the examination wjth any advertise- ment which relates to the food, drug,' article, or appliance, and with the price' at which it is sold, and shall prepare and forward to the Minister a report thereon, and such report may include any comment which the Director-General thinks desirable in the public interest.
of foodB, drugs or drug, article, or appliance which is advertised, exhibited, or offered appliances. (2.) The Director-General may; thereupon, with the approval of the
Minister, cause the report to be published in any newspaper or public
print which circulates within the Territory, and to he distributed among the public in any other way, and no action or legal proceeding shall he brought or instituted for or on account of or in respect of, any such :-
| publication. | • |
(3.) Any proprietor or manager of a newspaper or public print may republish any such report and 'ho action or legal proceeding shall be brought or maintained against such proprietor or manager for or on account of or in respect of the re-publication.
(4.) In this Regulation "appliance" includes any instrument or contrivance which is advertised, exhibited, or offered for sale as of use for curative purposes.
| any food or drug, the standard prescribed by the Ordinance shall be J,0r^aml | 18.—(1.) In any proceeding under these Regulations with respect to standards |
the standard, or if no such standard is prescribed in respect of any drug, the standard specified in the British Pharmacopoeia shall be taken as the standard.
'(2.) Any inspector, officer or purchaser of any food or drug for
which a standard exists shall, in the absence of proof to the contrary, be .
deeme'd to have demanded the standard quality of such food or drug.
(3.) Any food or drug for which a standard exists shall, for the
purposes of these Regulations, be deemed, to be pure if. it is in con-
| formity with such standard.,. | • |
P A B T I V . PpWEHS OF INSPECTION AND SAMPLING.
19.—(1.) Any inspector or authorized officer hiay:— . . Powers of (a) enter and inspect any place which he has reasonable ground sampling,
for believing is kept or used for the making, manufacture, sale, storage,, delivery, conveyance, or preparation for sale
• of-any article used, or which he has reasonable ground for suspecting is, intended to be used; as a food or drug
.. • or which ho has reasonable ground for suspecting is an article the sale of which is prohibited under these 1 Regulations, and inspect any such article; (h) inspect any article used or which he has reasonable ground for suspecting is intended to be used as a food or drug, or, which he has reasonable ground for suspecting is an article,. the sale of which is prohibited under these Regulations, and which is being- conveyed through or on any street, or by railway or other means of. transit, apparently for the purposes of trade, sale or delivery;
(c) examine and open any such article or any package enclosing the same in any place;
(d) remove for examination or analysis any such article or portions or samples of any such article;
(e) inspect and for that purpose, where deemed necessary, open up, take apart, and test any appliance or utensii used in the manufacture, preparation, storing, preservation, packing, delivering, or serving of any food or drug;
(/) seize any such article, appliance, or utensil which is, or for use, or to bo an article, the sale of which is prohibited
appears to him to be, injurious or unwholesome'Or unfit
under these Regulations, and any package enclosing or .. containing the same; and
(.g) without limiting the foregoing powers, enter any licensed or registered premises where spirits are sold, and with or without purchasing , or taking any quantity, test the alcoholic strength of such spirits.
(2.) "When any such article is usually made, manufactured, sold, delivered, conveyed or prepared' for sale during the night, the entry and inspection may" be made at any reasonable hour in the day or night; otherwise the entry and inspection shall be made at a reason- able time in the day.
(3.) An inspector or authorized officer taking and removing for analysis any article of food or drug shall at the time notify his intention of having the article analysed to any person then present who is the owner or his agent or servant, or to any person who is in charge of the article.
(4.) Upon declaration by an inspector or authorized officer that any sample is being taken for purposes of examination or analysis under these Regulations, the sample when taken, by the inspector or authorized officer shall be regarded for all purposes of these Regula- tions as having been sold or offered for sale.
;,' (5.) Any person who refuses to permit an inspector or authorized officer to take any. sample in accordance with this Regulation, shall be guilty of an offence.
(6.) The inspector or authorized officer having taken any sample shall divide i t into three parts , and shall label or mark and seal or fasten up ,each par t in such manner as its nature permits, and shall then deliver one of the parts to the owner, agent, servant or person in charge of the article, shall retain one of the parts-for future comparison, and shall submit the third par t to an analyst appointed by the Minister :
Provided that when, any article , is contained^ in a bottle, tin, or other package in such quanti ty that its division into three parts would furnish portions insufficient for accurate analysis, addi- tional bottles, tins, or packages which purport to contain a similar food or drug under the same brand or label, may be taken or. obtained, and tKe contents of two or more bottles, tins or packages may be .mixed together and the mixture divided as prescribed. .
(7.) Any certificate issued by any analyst appointed by the Minister shall be deemed to be sufficient evidence in any Cour.t as to the facts
v
therein stated.. (8.) I n the case of any food or drug or article having been removed or seized by any inspector or authorized officer in accordance with this Regulation, the inspector or authorized officer shall forthwith deliver or forward a portion marked and sealed or fastened up in such a manner as its na ture permits to the consignor or manufacturer thereof if his name and address are on or attached to the food or drug or article or any package enclosing or containing the same, and if the address is in the Terr i tory; otherwise, the portion shall be delivered or forwarded to the owner of the article seized or the person in ,whose possession it has been
found: . • • • . . Provided that where the article rgmoved :or seized is liable to decomposition the officer may, in lieu of delivering or ' forwarding the article as proscribed, forthwith place the same in cold storage, and shall thereupon notify that fact to the consignor, manufacturer, owner, or person iri whose possession.it has been found.
P A S T V.—-PROTECTION OF POOD AND DRUGS FROM CONTAMINATION.
Handling of •. 20. Any person who i s— food by Infocted (a ) •suffering from any infectious disease, skin eruptiobi or persona. venereal disease; or ••''•-'(&)•• "wearing unclean or medicated bandages, •
shall not engage in or be employed in the manufacture, manipulation',
preparation, handling, storage or sale of food or driigsl i
Examination
21 .—( l . ) The Medical Officer of Heal th or an authorized medical practitioner may. examine any person so employed who is suspected of suffering from any infectious or contagious disease, and any person who refuses" to' submit to such examination on being required by an inspector or authorized officer so to do, or to any process of clinical or bacterio- logical examination ordered in Writing by the Director-General, shall be guilty-of an offence.
of persons handling food.
(2.) When, as the result of any such examination, i t has been ascer- to a consumer of ' any food or drug, the Director-General may
tained, that any such person is liable to convey the germs of disease
by order in writ ing direct that any such person shall forthwith dis- continue or refrain from any work connected with the preparation, handling, serving, delivering, or other ' dealing with any. article of food or drug for sale and discontinue or refrain from any handling or other dealing with any utensil or receptacle in which, or on which, any such food or drug is kept or served, ;and that he shall not resume any such work until he receives from the Director-General written
permission to. such effect. • -; - (.$.) Any person who fails to comply with any order of the Director- General given in pursuance of the last preceding sub-regulation or who resumes, any such work before he is authorized in writing by the Director-General so to do shall be guilty of an offence.
Cleanliness of 22. Every person who is engaged in the manufacture, preparation, persons. storage, packing, carriage, or delivery of food or drugs for sale shall,
when so engaged, maintain-his clothing and his body clean.Offensive
23. Any person who spits or chews or smokes tobacco -while engaged in the manufacture, packing, or storing of any food or drug for sale, 'or in any place used for the manufacture of preparation of such food or drug, shall be guilty of an offence:
habite forbidden. Provided that this"Regulat ion 'shal l "not 'apply to the packing or
storing of any food or drug which is enclosed in an hermetically sealed
container. . ' ' • • . " " •
sale, or who is engaged in the manufacture, preparation, storage, J?£°Uept 24. Every person who is in possession of any food or drug for AII appliances package, carriage or delivery of any food or drug for sale, shall keep all receptacles, implements, vehicles, articles, utensils, tools of trade, benches, fittings, machinery, and other appliances used for. or in con- nexion with food or drugs for sale, clean, free from dust, foul odours, flies, or other insects. .
pack, store, or offer, or expose for sale any article of food, or a drug— must b8edeau 25. A person shall not sell food or manufacture, prepare, 'serve, piaCes for ( a ) in any place which is at any time used as a sleeping apart-
ment, or which is in direct communication with a sleepingapartment, or with any stable, urinal, privy, or water-
closet ; ' . . . . (b) in any place in which anything is kept, or any animal
is allowed to be, or any work is carried on, whereby such
..' article of food or drug is liable to be contaminated or:
its wholes'omcness or cleanliness injuriously affected; or
(c) iu any-place the use of which for tins' purpose has been
prohibited by the Director-General in writing. ; 26. A person shall not use any receptacle or any vehicle which is not vehiciea and
clean in the carriage or delivery of any food or drug for sale or use mStf'bedWn.
any. such receptacle or vehicle for the carriago or. containing of any
matter whereby the wholesomeness, cleanliness, and freedom.from con-
tamination of any food or drug for sale carried or contained or: usually •
carried or contained in the vehicle or receptacle would or might be
endangered.27.—(1.) Every person who sells any food which is ordinarily Protection . consumed in the state in which i t is sold shall protect such food, until in°ectsV&c.' it is delivered to a purchaser, from,dust, flies or other insects, or any
unwholesome matter by storage in covered receptacles, by covering with
gauze, or by other effectual means.(2.) A vendor shall not carry any food through any street unless it is protected in accordance with this Regulation.
consumed in the same state in which it is sold, so packed that it can {^"dean.mmt 28. A person shall not sell any article of food, which is ordinarily packing come into contact with paper or other material which is not clean,
or with any wri t ing or print ing upon any paper or other material.
'flies and'dust any article of food (other than fruit or vegetables) which in windows- 29. A, person .shall not expose without adequate protection against Food exposed is ordinarily consumed in the same state in which it is sold, in any window-space which is not so constructed as to protect the food from flies and dust, Or in any other place unless the food is protected to the satisfaction of an inspector from flies and dust.
30. A person shall not without the writteii permission of the Medical prohibition of
Officer of Health display or have any food for sale in any street or ^ j } ' food in in any open place within the City Area, as defined in the City Area Leases Ordinance 1924-1929. > 3 1 . — (1.) A person shall not in any public or private bar, restaurant, i-ood utensils dining-room, tea-room, refreshment stall or booth, or iu any place where >™st he cleoa"
food is sold, use any drinking vessel, spoon, fork, or. other utensil used
in connexion'with cooking, eating, or drinking unless such vessel or
utensil has been thoroughly cleansed witli clean water and is clean.(2.) I n any place where clean water under pressure is available or can be made available, the cleansing of all such vessels or utensils shall be done by means of clean running water. ,
delivery of food for sale any drinking vessel, of which any edge liable ^ ^ g 32. A person shall not use or have in his possession for use for the Broken to com? into contact with the mouth or lips is broken or rough. forbidden. consumption on the premises shall provide and maintain in a c o n - ^ ™ ^ I o r 33. The proprietor of every retail shop wherein food is sold for Ablution venient position on his premises for the use of persons employed by him adequate washing appliances for the' hands, : together with a sufficient supply of soap ana clean water, and a sufficient supply of clean towels,
Protection of
34. A person shall not carry for sale or delivery on the footboard or exterior of any vehicle any bread, meat, milk, or any article of food which is usually consumed in the same state in which it is sold, unless i t is so enclosed, or contained in a receptacle so constructed, as to prevent such article of food from being contaminated by flies or
food In transit.
d u s t . • • • ' Fertilizer bags '35. A person shall not enclose or carry or store any wheat, oats, forbidden. maize, potatoes, onions, fruit, or any other article of food for sale in any bag or' sack or similar receptacle which has at any time contained, or has been used for the conveyance of bone-dust or superphosphate or any other manure or mixture of manures, or any other poisonous or 'harmful material. • . Clothes '36. A person'shall not use for the preparation of ice-cream, ices, or other food for sale, or for the cleansing or sterilization of any article used to contain* food^ any vessel or copper boiler which is used for boiling clothes. boilers forbidden. Vessels shall be easily - 37."..A person shall not use any receptacle, vessel, appliance, or vehicle in, connexion with the preparation, storage, packing, carriage, or delivery of any. food for sale, unless the receptacle, vessel, appliance, or vehicle is constructed of such material and in such a manner as to be easily cleansed and kept clean. cleaned. Clean clotbs . " 38. A person shall not use for the purpose of wiping or polishing fruit or any other food for sale any rag or cloth other than a proper duster kept solely for the purpose, and which is maintained in a clean condition; or use for the purpose of wiping or polishing fruit or any other food for sale any rag or cloth which consists or is composed of any wearing apparel or bed linen. for polishing fruit. Cleanliness of premises. . 3 9 . The occupier of every business or place where food for sale is produced, handled, manufactured, prepared, packed, kept or served shall cause such premises or place to comply with the following conditions:—' (a) The promises or place shall be maintained at all times in a clean, serviceable and sanitary condition;
(b)
The premises or place shall be maintained in such con- . ditibn as to prevent the ingress or egress of rats, and all .practicable measures for the destruction of rats and other
, , vermin on the premises shall be taken; ' (c) Every place Used in connexion with the manufacture, pre-
paration, serving, or keeping of food shall be adequate
. in size and properly, enclosed, floored and ceiled;
(d) Every room shall be effectively ventilated and lighted with natural light to the satisfaction of an inspector;
(e) Every- ,place shall be provided Avith effective sub-floor
-ventilation unless the floor be of concrete or similar im-
pervious mater ia l ;
•( /) An efficient supply of clean water under pressure and wash
and an adequate supply of soap .and clean towels shall bo
provided;
•|' basins freely accessible to all persons employed in the ratio of one to every'ten persons employed on the premises (g) Every yard, shed, outbuilding or stable appurtenant to the • premises, or lane or street contiguous to the premises shall be kept clean and free from packing cases, lumber, garbage, rubbish,' offensive material and manure and all
'>r or stacked7 as to prevent harbourage for rats or other material essential to the business snail be kept packed vermin; • " - (h) The external portion of every premises shall be maintained at all times in a clean and sanitary condition. Every window shall be kept clean and whole, and all painted -surfaces and woodwork of such exterior portion shall be scrubbed and cleansed with spap and water as often as is necessary to remove dirt and grease; and
(i) Adequate sanitary conveniences, as prescribed, shall be pro-
vided and shall not be situated in any room or place where
. : food is manufactured, prepared, or kept and every sanitaryconvenience shall be so situated as to be completely cut off
from any such room or place by cross ventilation.
| is produced/handled, manufactured, prepared, packed, kept or sewed Premlses' | 40. The occupier of every business or place where food for sale structure of |
shall, when-required in writing by the Directoj-General—
(a) pave any portion or the whole of the floor with impervious - materials and provide proper drainage so that all liquids' falling upon the floor shall he conducted to a drain inlet situated outside the building within which the ' floor is laid;
(b) line the walls of aiiy portion of the premises with the
material and in the manner required; .;.
(c) provide a properly constructed and closely covered manure.
receptacle into which he shall cause to be placed daily
all animal droppings and stable cleanings; ' .. •>
(d) provide adequate facilities and. an adequate supply of waterunder pressure for washing cans, implements, and tools
of trade; and
(e) protect doors, windows and other openings by means of wire gauze of approved material and mesh so as to prevent the ingress of flies.
| produced, handled, manufactured, prepared, packed, kept, or served, $ preemile»ss | 41. The occupier of every business or place where food for sale is Maintenance |
| shall— | ' | ."'•-•' |
(a) provide a receptacle constructed of impervious material
with a closely fitting cover;
(b) place all waste material and trade refuse produced upon -••".
the premises in that receptacle; •
(c) ensure that the contents of that'receptacle shall he removed at least once weekly, and in the case of fish refuse; once daily;
: (d) thoroughly cleanse that "receptacle on each occasion after
the removal of its contents;
(e) provide a receptacle in which food withdrawn from sale shall be immediately placed, . and any food upon the premises which is not within such receptacle shall be deemed to be exposed for sale.
| have any food for sale or delivery unless the cart or other vehicle is ot vehlcl<!9, | 42. A person shall not in or on any cart or otheT vehicle carry or construction |
| either— | ••• |
(a) specially constructed and used for such purpose only, and so fitted and kept as to. protect any food carried from contamination hy dust or other means; or
(b) provided with a dust-proof and weather-proof ease, cabinet, or similar contrivance for the storage of food, and which case, cabinet, or contrivance is provided with a close-fitting lid or door which is kept closed during such carriage and is opened only for the purpose of handling the contents, arid thereafter immediately closed; and
(c) if a motor vehicle, such conveyance -is so constructed, fitted
and equipped as to protect effectively any food carried
therein from contamination or spoilage by dust, weather,or other means and is provided with a smooth impervious interior surface which is capable of ready cleaning and is free from upholstery or any other absorbent material or
furnishings.43. A person shall not use for conveying food for sale any cart or certain
other vehicle which is at any time used for. conveying any dead body jgjgjjj^
or for any other purpose which, in the opinion of an inspector, is
objectionable, or have any dog or other animal upon any vehicle which
is used in carriage of food for sale.
| or other vehicle unless his name and address, or the name and address J f ^ L ^ b b | 44. A person shall not have any food or drug for sale upon any cart Nameoi |
of his employer is conspicuously and indelibly inscribed upon the exterior of such cart or other vehicle; or carry any food or drug for sale in any place, or on any round from house to bouse, in any can, vessel, or other receptacle unless his name and address, or the name and address of his employer, is conspicuously inscribed upon the exterior of such can, vessel, or receptacle.
| any kitchen at any hotel, boarding-house, restaurant, refreshment-room, a g a ' | 45. A person shall not prepare, store, keep, or have food for sale in Protection |
shop or other premises where food is prepared or served to the public, unless all doors, windows, and other openings to the external air in
such kitchen are protected to the satisfaction of an inspector, against flies and dust by means of self-closing wire-gauze doors and wire-gauze screens; and when, in the opinion of ah inspector, the screening of any other room or place in any such premises is necessary to prevent the contamination, of any food therein kept or served, the inspector may, by notice in. writing, require the occupier to screen the door and window openings and any other openings to the external air in such room or place in the manner prescribed in this Regulation for any
•kitchen. •- 46. A person shall not expose upon any colmter, bar, or other place in any hotel, boarding-house, restaurant, cafe, refreshment-room, shop or Other premises where food is prepared or served to the public (whether for sale or not) any contaminable article of food unless every such article of food is protected against flies and dust by means of a glass case, proper cover, or by some other effective method approved by an inspector.
Protection of 47. A person shall not carry or transport through any street, road, food against
dust. or place any food for sale, or intended for sale, or delivery unless the
same is protected from flies, and as far as practicable from dust,unsound or. * Possession of • 48. A person shall not sell or offer to sell, or expose for sale or have contaminated in his possession for sale, any deteriorated or unsound fruit or vege- fruit forbidden. tables, or any fruit or vegetable which is contaminated 'with any
poisonous substance.Harbourage 49. The occupier of every shop or other retail place of . business shall by the provision of suitable cases, covers, and lockers ensure tha t all contaminable food is at all times adequately protected from dust, flies, insects, vermin, and animals, and shall cause all other stores upon such premises to be raised from the floor to such a height as ' to prevent rat-harbourage and so as to permit ready access beneath such goods for cleaning purposes. for rata forbidden. Protection of 50. Every person engaged in the production, manufacture, prepara- tion, packing,
food from storage, carriage, or delivery for sale of any vermin. food or drug shall, by the provision of suitable arid offective means, at all times protect every such article of food or drug and every ingredient used i n - the manufacture of any such article of food or
drug from rats, mice, cockroaches; flies, and other insects and vermin, and from any contaminating or unwholesome substance, odour or thing.
51. Every person who uses any room or compartment, premises, or place for ,the production, manufacture, preparation, serving, packing, storage, carriage, or delivery for sale of any food or drug shall keep or cause to be kept every such room, compartment, promises, or place free from rats, mice, cockroaches, flies, and all other vermin and insects.
Precautions
during serving .52.—(1.) Every person packing or serving food for sale shall (a) serve biscuits, unwrapped sweets or any sticky substance with the fingers but shall use a scoop or other (approved implement for every such purpose; of food. exercise care to avoid any unnecessary human contact with the food
during the packing or serving, and for such purposes shall not—
'(b)' serve bacon, ham, small-goods, or cooked meat with the fingers, but shall use a fork or other approved implement for every such purpose;
(c) apply'his fingers to his mouth, eye, ear, or nose during the (a1) Use his breath to open any bag or wrapper ;
. performance of such packing or serving;
(e) wipe his hands upon his clothing or by any other means
than with a clean towel;
( / ) smoke, chew, or spit while at work in packing or serving;
and
(g) permit any other person to handle any food with the
fingers.
(2.) A copy of this Regulation printed in type of not less than eight points face measurement shall be conspicuously displayed in every.place of business where food is sold or-offered for retail sale.
Sealing of
53. A person shall not sell any vegetables, fruits, pickles, sauces, jams, conserves, and similar products packed in bottles or jars, unless every such container is securely sealed by means of cork, metal, or other impervious cover fastened in such a manner as to prevent leakage of
containers.
. contents or the access, of air to the contents. . Dangerous 54. A person shall not place or have in any prizd packet or other- articles with confectionery. package containing confectionery, or in any article' of confectionery, any metallic ornament, toy, pin, or otlier article, substance,
or thing which is liable to contaminate such confectionery
or any article of confectionery, or is capable of proving
dangerous or deleterious in the hands of a child or any other person, » or sell any such prize packet or package or any article of confectionery
so contaminated or so capable of proving dangerous or deleterious.PART VI.—CONDITIONS GOVERNING THE SALE OF CERTAIN Goons.
Division 1.—Fish and Shell-fish.
55. A person shall not.carry on the business of fish vendor on any risavendor's
premises unless such premises— premises. (a.) have two doorways, one to be used as a business entrance
and one as a service entrance;
(b) are so constructed as to permit of through ventilation of
• ' all parts ' of the premises used for keeping, storing,
preparing or selling fish or for depositing offal; and
(c) are provided with sufficient sinks and an adequate supply
of water under, pressure to serve, to the satisfaction ofan inspector,- the full maximum requirements of ,the
. - - business. .
uale is contained, packed, or consigned shall be thoroughly cleansed fl°™lBnlng of 56.—(1.) Every case, basket, or other receptacle in which fish for Packing and by the consignee of the, fish or by some person acting on his behalf
immediately the.fish are removed therefrom. - (2.) The consignee of any such case, basket, or other receptacle which is not so cleansed shall be guilty of an offence.
(3.) A person shall not use any unclean ease, basket, or other receptacle for containing,, packing, forwarding, carrying, or delivering fish for sale.
(4.) Any. person who packs fish in any case, basket, or other receptacle which is unclean shall be guilty of an offence.
(5.) A person shall not in any round from house to house carry or have 'on a vehicle any fish for sale unless the body of such vehicle is so constructed as to be watertight and dust-proof and has the interior surfaces thereof lined with smooth metal or with some other impervious smooth material approved by an: inspector, and is
fitted with a close-fitting door or doors in such a manner as to open outwards from the back of such vehicle. The exterior surfaces of every such vehicle shall be at all times kept well painted, and both interior and exterior surfaces thereof shall be maintained Ut all times
in a scrupulously clean condition. * (6.) A person shall not hawk or deliver fish in a basket unless
such basket" is clean inside and out and is provided with a proper and
effective clean covering. >
(7.) A person shall not clean, dress, or prepare fish for sale, or fry fish or potatoes for sale, or,render any fat used or to be used in the preparation for sale of any article of food, in any .place "which is not adequate in size, properly enclosed, floored, ceiled and protected as far as practicable against flies and dust by means of wire-gauze screens attached to windows and other external openings, and unless provided
to the satisfaction of an_inspector with automatically closing doors of
. .
wire-gauze, and is ventilated to the satisfaction of an inspector. 57.—(1.) Where oysters or other shell-fish are exposed or prepared Sale of
for sale, only clean-running water shall be Used in. the operation nf " e • opening or dipping such oysters or. shell-fish. (2.) Oysters intended for sale as. food shall1 not be kept or stored in any place or manner which may in any way affect their purity or
wholesomeness.(3.) A person shall not keep for sale, or sell or offer for sale, oysters or other shell-fish which have become polluted because of packing or storing under insanitary conditions or through being placed in any unclean receptacle.
(4.) A second-hand bottle or other container shall not be used to hold shelled oysters, unless such bottle or container has been previously sterilized by boiling or by some other means approved by the Director- General, and has been provided with a new tight-fitting cap, cork, or
cover. . • •. - - (5.) A person shall-not sell, or offer to sell, or have in his possession for sale, oysters or any other shell-fish taken or obtained from any insanitary or polluted bed or from any other place liable to contaminate such oysters or other shell-fish.
(C.) Oysters found, upon bacteriological or chemical examination to be polluted, shall be deemed to be adulterated.
| Bottled | 58.—(1.) A person shall not sell any oysters or other shell fish in containers, unless there is attached thereto a label in which is written in hold-faced sans-serif capital letters of not less than eight points face measurement the following part iculars:— |
| oysters. |
Name and address of vendor. Trade description of contents. The date of removal from shell.
Par t iculars of source of supply and from whom and where
obtained.
(2.) 'Nothing in this Regulation shall apply to oysters or other shell-fish sold in the shell, or served for any meal, or processed and packed in hermetically sealed containers.
Division 2.—Ice, Ice-cream and Refrigerating Works.
| Metal | 59. A person shall riot use any vessel of iron, copper, brass, or zinc for. containing or conveying ice-cream or ices for sale un less i t is coated internally with t in ; or use any rusty container or any vessel containing lead or which "has a cracked of broken internal surface, or any vessel in such a condition as to be likely to injuriously affect or contaminate ice-cream or ices, or any preparat ion or mater ia l entering into the composition thereof, or adversely influence.their composition. | |
| containers for | ||
| ice-cream. | ||
| Containers not | 60; A person shall not employ any vessel used in the manufacture or | |
| to be used for | ||
| other purposes. | sale of ice-cream or ices as a container for any substance other than | |
| ||
| r-recauttons in | ||
| manufacture | 61.—(1.) The owner of any place in which ice-cream or ices, or | |
| of Ice-cream. | any preparation or material entering into the composition thereof, are manufactured or prepared for sale shall— |
(a) cause such place to be equipped with facilities for the proper . cleaning of the hands and finger-nails of operatives; and (b) not allow or cause any urinal,- closet, or sani tary convenience to be located in any room in which the manufacture of ice-cream or ices, or any preparation or material entering into the preparation thereof is performed, or to be situated or,kept so-as to be liable to pollute the atmosphere of the said room or the materials kept or used therein.
(.2.) Any person immediately before engaging in the mixing of the ingredients entering into the composition of ice-cream or ices, .or its subsequent freezing and handling, shall thoroughly wash and .brush his or her hands and finger-nails and keep them clean during the manu- facture and handling of such ice-cream or ices.
| Clean garments | 62.; Every person shall wear clean white outer garments- while |
| to be worn. | engaged in the manufacture Of ice-creain and ices, or any preparation containing ice-cream or ices, for sale. |
| Ice-creams | |
| to be kept | 63. The owner of any shop, refreshment-room, restaurant or other stored in a covered container, and shall cause such container to be kept tightly closed, except during such intervals as are necessary fo r ' t he |
| In special | premises shall cause all ice-cream and ices, kept for sale therein to be |
| container. | |
| introduction or removal of the contents, and shall keep every such | |
| container only in such a location and under such conditions as are approved by an inspector. The owner shall cause every disher or server for use in serving ice-cream or ices when not in actual use, to be kept in a covered receptacle containing clean water. | |
| Preparation of | 64. A person shall not manufacture or prepare any ice-cream or ices |
| Ice-creamB. | for sale or any preparation or material entering into the composition thereof, in any open or unenclosed place. |
| Itinerant | 65.;—(1.) A person shall not sell ice-cream from, a vehicle or have any ice-cream on any vehicle under his control for the purposes of sale unless he is the holder of a valid licence issued by the Director-General to sell ice-cream from a vehicle. |
| ice-cream | |
| vendors. | |
| make written application to the Director jGener.al and shall state the (2.) Any person who proposes to sell ice-cream from a vehicle shall | |
| place or places of manufacture and storage of the ice-creain and the place and method of cleansing of all utensils used in the business, | |
| (3.) The Director-General may withhold, refuse or grant any appli- cation for the licence, and may at any time by written notice cancel any existing licence. |
(4.) The licence shall be valid- only in the calendar year in which
it is issued, and shall be in the following form:—
" The Territory for the Seat of Government.
PUBLIC HEALTH (SALE OP FOOD AND DRUGS)) REGULATIONS.
LICENCE AS ICE-CEEAM VENDOR.
This licence to sell ice-cream from a vehicle is issued to
under and subject to the provisions, of the PubHo Health Ordinance 1928-1930
and the Regulations thereunder until the 31st day of December,. 19 , , unless sooner cancelled in accordance with the provisions of the Regulations.
Dated this ' day of , 19. ! Director-General of Health."
cream or of ices, or . any prepara t ion or mater ia l entering into the deanllne38- 66. A person engaged in the manufacture , sale, or delivery of ice- Personal composition thereof, shall not suffer his hands or any par ts of his person
to come in contact w i t h , any such ice-cream, ices, p repara t ion or . . :
mater ia l . . ' . • • • • • ices for sale, or any prepara t ion or mater ia l entering into the composi- ves3e,a- 67. A person shall not manufacture , store or deposit any ice-cream or Cleanliness of tion thereof, in any vessel or receptacle which is not clean; and every person engaged in the manufacture or sale of ice-cream or ices, or any prepara t ion or mater ia l enter ing into the composition thereof, shall at all t imes main ta in every vessel and utensil used for containing or coming into contact therewith in a clean condition, arid shall at all times protect the contents thereof from contamination.
68. A person shall not "sell any ice-cream, or ices which, after having galoof
been Once frozen, have run down or melted, and which have been again fr0I<=°
- ' • ' ° ice-cream.
irozen. • 69. A person shall not suffer the interior of any vessel used for con- r-roteotion
ta in ing ice-cream or ices, for 'sale, or any p repa ra t ion"o r"ma te r i a l anddartl entering into the composition thereof, to be exposed to flies or dust. 70. Every person engaged in the manufacture , storage,, t ransporta- Notification of
tibn, sale, or distr ibution of ice-cream or ices, immediately on the .{gjjjjjjjj"
occurrence of any case of infectious disease, either . in himself
or in his family or amongst his employees, or within the building or
premises where ice-cream or ices are manufactured, stored, sold, or
distributed, shall notify the Medical Officer of Heal th , and shall forth-
with suspend the sale and " distr ibution of ice-cream and ices unti lauthorized to resume by the Medical Officer of Heal th .
71. Any vessel ^yhich has been handled by any person suffering from sterilization
any infectious disease shal l not be used to hold or convey ice-cream or °' vessels.
ices unt i l .after i t has been thoroughly sterilized.
72. A person shall not sell, or have in his possession for sale, any ice- Sale of cream or ices which have been made outside the Terr i tory unless the imported
person or firm which has manufactured the ice-cream or ices has beenapproved by the Director-General.
73. The owner of any, refr igerat ing works or cold store which is at cold stores,
any t ime used for the storage of food for sale shall—-
(•a) ma in ta in the ent ire premises at all times in a clean and
san i ta ry condit ion; and (b) at least twice in each year cause every chamber upon such premises to be thoroughly cleansed, and the inter ior walls thereof to be limewashed, or otherwise treated to the satisfaction of the Director-General.
74. The owner of any refrigerat ing works or cold store which is a t certain
any time used for the storage of food for sale shall— forbidden. (a ) not permit any uncased article of food to be stored upon the
floor of any chamber ;
(/)) not receive any mouldy or unsound fish, meat, offal, or any Other unsound or offensive mater ia l on the premises' to be stored, nor shall he permit any unsound fish, meat, offal, or offensive mater ia l to be or to remain in
any chamber ; (c) not permi t any brine-tub to be in any chamber, excepting
under the following conditions :—
( i ) tha t i t shall be inspected before being brought i n ; ( i i ) t ha t i t is constructed of hardwood,, firm and tight,
;'b'r other approved ma te r i a l ; ( i i i ) tha t i t shall s tand on feet or blocks at least six
inches h i g h ;
(iv) tha t i t i3 provided with a closely fitting lid or
cover; ' • .' (d) causa the name of the tenant and the number of every
rented chamber to be affixed and maintained upon or overthe door of overy such chamber in legible characters so as
to be easily seen; .
(e) keep upon the premises duplicate keys, of every chamber, and shall, upon demand by an inspector, permit such inspector to have ready access to any chamber;
( / ) provide in every chamber means of artificial light, so as to permit efficient inspection thereof and of the contents; and
(g) not permit to be in any chamber in which milk is stored any
•
article that is likely to impart an odour to. such milk, or otherwise adversely affect its quality or taste.
Obligations of 75. The tenant or occupier of every chamber in a refrigerating tenant of cold-store works or cold store shall— chambers. (a.) maintain such chamber at *all tijines in a scrupulously
clean, condition; , • (b) not store or suffer to be stored upon the floor of any
chamber any uncased article of food; '
(c) furnish and equip his chamber with shelves or racks sufficient to enable h im to keep every 'ar t ic le of food stored or held therein above the floor. Every such rack or shelf shall be made and fitted so as to be capable of ready: removal for cleansing purposes;
(d) not keep nor have in any chamber rented by him any
unsound or mouldy food, nor any offensive material , or'/
unclean receptacle, apparatus, appliance, or th ing; '•''••
(e) not store milk in any chamber containing any article likely
to impart an odour to such milk, or otherwise adverselyto affect its quality OK taste,.or have any water in any
chamber in which milk.is kept ;
. ( / ) not use printed, paper for containing, covering, or wrapping
: any article of food stored in his chamber; and "' (g) within the time specified in that behalf, carry out the written instructions of an inspector relating to the upkeep of his chamber, of any food therein stored, or to the methods of handling, keeping, or carrying .any such food.
Cleanliness In
76. Every person transporting or carrying carcases or portions of carcases of meat into and out of refrigerating works and cold storage premises 'shall provide and use a shield of clean approved material to prevent any meat so carried from coming into contact with
carrying meat.
his person or clothing. ' Handling lco
77. A person suffering fi'om any infectious disease, skin affection, pulmonary tuberculosis, chronic cough, open sore, or venereal disease, or who wears unclean or medicated bandages, shall not be employed in handling ice for sale, or any apparatus or utensil used in the sale, preparation, or distribution of ice.
for sale. Obligatlona'of 78. Every person engaged in the delivery of ice for sale shall:— persons^ »^WJH ;
delivering Ice. (a) at all times mainta in his person and his clothing in a clean condition; - (b) not have upon his premises or 'upon any vehicle any ice for sale which is not made from pure water free from solid impurities or which is not of,pure white colour free from any other colour and from any impurit ies;
(c) not carry or deliver any ice for. sale, or cause or suffer any such ice to be carried or delivered, in any receptacle or container which is not clean;
(d) not wrap ice for sale in printed or written paper or in paper (e) not break ice for sale upon a cart or cart : wheel, or by any that is not clean; •
other means than with a clean instrument kept solely for
the purpose; .
( / ) not place ice for sale upon the ground of pavement, whether or not a cloth or bag is placed beneath such ice; and .
(g) not carry or deliver ice for sale in or on has bare hand, or so that such ice come in contact with his person or clothing.
Carriers to be
79. Every person engaged in the business of selling ice shall provide every employee with a t ray or .carrier of approved material or with metal tongs for the purpose of carrying ice between the delivery cart
provided. and premises of the purcnaser, and such tray, tongs, or carrier shall be maintained by every such employee at all times in a clean, serviceable
and wholesome condition. - i
80. A person shall not sell or offer for sale ice which has been in ice in contact
contact with any other food substance. rub^ce™0""1
. . . - - to be Bold.
81. Any ice subjected or exposed to contamination in contravention ice to be
of the foregoing Regulations, or conveyed or delivered contrary to the adulterated,
prescribed conditions, shall be deemed to be adulterated.82.-r~(l,.) Every vehicle used in the transportation or delivery of Protection ice for sale shall be so constructed and equipped as to protect the con- from dust, tents from contamination by dust and other means, and shall be so
maintained as to be at all times free from lumber and in a clean, whole-
some condition.(2.) A person shall not carry ice for sale upon the exterior portion of any vehicle unless the exterior portion is enclosed in a manner to the satisfaction of an inspector. .
Division 3.—Aerated Waters, Beverages, &c. :
83. The owner of any premises used for the manufacture or Aerated water
or temperance drinks or similar beverages shall comply with t he b e observed, preparation for sale of aerated waters, syrups, and cordials, summer conditions to following conditions :— (a) All tanks (or other receptacles) used for the storage of water which is intended to be used in the manufacture of •cordials or beverages, shall be provided with impervious tightly fitting covers, which shall always be kept tightly closed; the tanks or other receptacles shall be emptied and cleansed throughout at least twice in every twelve months, and oftener if directed in writing by an inspector;
(b) Filtering apparatus shall be of a type approved by the
Director-General, and shall be maintained at all times ingood order and condition and in a state of efficient action,
. ~. and the filtering medium shall be cleansed arid boiled at
least once weekly;(c) -Between each time of filling, bottles shall be soaked in a
trough of/ water, thoroughly cleansed out with a brush,,woll rinsed by being placed in a vertical position over a
. -jet of water, inspected, and drained after rinsing and
before filling; •
(d) If bottles aro not filled within twenty-four hours after being cleansed, • they shall be kept mouth downwards until used;
(e) The water in which bottles are soaked before they are brush-
cleansed shall be changed at least once daily;
(/) Any pipe made wholly or in part of lead shall not he used for
conveying any part of the materials, either gaseous or
beverages for sale; liquid, which enter into the composition of cordials or
(</) Syrups shall be stored only in well-made impervious
receptacles with impervious tight-fitting covers;
(7i) All receptacles in Avhich syrups are stored shall be cleansed thoroughly with hot water and soda, or with superheated steam, at least once a fortnight;
(i) Employees shall be cleanly in their habits, person, and clothing, and shall not smoke or spit within the factory premises; 'and(;') Adequate sanitary accommodation, as jjrescribed, and adequate ablutionary accommodation (for 'both sexes if necessary) shall he provided for the use of employees; and the sanitary conveniences shall be maintained at all times in a condition to the satisfaction of the inspector. ,
84. The owner of every soda fountain from which beverages are Soda fountain!, offered for sale, or in which materials entering' into the composition £"ob'ŝ ved'" • of food for sale are kept, stored or prepared for sale, shall ensure
that the following conditions are observed:-—
1
(a) The soda fountain shall be constructed of durable non- absorbent material, ayd shall be so placed and fitted that every part of the interior and exteridr thereof is readily accessible for cleaning purposes;
(b) The apparatus body shall be durable, sound and free from leaks, and the body and the cabinets shall be kept at all times in a .scrupulously clean and sanitary condition j
(c) Every waste pipe from a soda fountain shall be of such size as to permit of a free flow and shall be so placed as to allow of ready cleansing. I t shall be kept at all times sweet and clean and free from any accumulation of
• grease or other offensive matter, A waste or overflow ." pipe from a soda fountain shall not be connected directly
with a drain or sewer, but every such waste pipe shall be discharged over a trapped gully, or over an open channel leading to a trapped gully, and, in addition, shall itself be trapped immediately beneath the apparatus ;
(d) aiiy syrup-pump, tap, faucet, tank, fountain,' carbonat'or, or vessel or any pipe or 'conduit used in connexion with a soda fountain shall not be composed either wholly or in part of lead, or of other metal or metallic substance which, in the opinion of the Director-General, is- unwholesome; dangerous, or detrimental to health. All metal parts shall be kept at all times in a satisfactory condition, and when any such par t becomes worn or acted upon by acids, it shall be immediately withdrawn from use unti l replated or renewed;
(e) Every, syrup container, bowl, jar , bottle, and other recep-
tacle used in connexion with the soda-fountain slig.ll bekept clean, and shall be thoroughly washed before being
refilled; . .
( / ) Glasses and plate shall be kept clean; . .
(g) Drainage boards,-sinks and .shelves, on which glasses are
placed, shall be kept-clean;
(ft) Adequate means of washing glassware and silverware shall
be provided and used, and at fountains from which ice-
cream or ices are served, the washing shall be performed- with hot water, and a final rinsing with clean cold water
shall ensue;
(i) Dishers or servers for serving ice-cream or ices shall be made of an approved metal or metallic substance free from lead, shall be sanitary in construction, with parts so fixed as to be readily removable for cleansing. Dishes or servers for serving ice-cream or ices when not in actual
use shall be kept in a bowl of clean water ; v-.!
(/) Every jar. syrup container, bowl, packer, and all drinking
straws, and other articles used in connexion with the
dispensing of food from a soda fountain shall be covered
..- at all times in such a manner as to protect effectivelythem and their contents from contamination by flies or
dust;
(k) At every soda fountain from which any imitation cordial or syrup is dispensed, or from which any cordial or syrup containing any artificial colour or any ^preservative is issued for sale, a placard bearing the following particulars
shall be prominently displayed in a position approved by an inspector—
" T h e syrups (or,- alternatively, such syrups as are individually named) used at this soda fountain are imitation, preservatized' with (here insert the name of the preservative and the, proportion in
which it is present)". " The syrups used at this soda fountain are artificially
coloured," or, as the case requires.
Such particulars shall be printed on the placard in bold-faced sans-serif ^capital type of not less than thir ty points face-measurement in such colours as to afford a distinct colour contrast to the ground of the placard;
(I) Every glass-towel, dish-cloth, or other article used for the like
purpose, in use at'Soda fountains shall be clean and whole-
some; - .
(m) Every soda fountain dispenser or operator shall when on duty at such fountain wear a clean white coat or other white outer garment, and shall at all times maintain his person and clothing in a cleanly state,
(n) Beverages containing any drug specified by the Minister^by notice in the Gazette, shall not be dispensed from any soda fountain unless by a registered pharmaceutical chemist; and packages containing any such "drug shall not be kept upon the fountain or upon the shelf, counter, or other place used in connexion therewith unless a registered pharmacist is in charge of the apparatus; and
(o) The keeper of a soda fountain shall provide and keep a sufficient number of impervious receptacles, provided with close-fitting covers, for tho reception of waste material and scraps, and such waste material and scraps shall not be placed elsewhere than in the receptacles, which shall be kept at all times in a sanitary condition and covered .
when not in actual use.
Division 4.—Bread, Cukes, &c.
85.—(1.) A person shall not use or cause or suffer to be used as a Bakehouses,
| bakehouse any premises unless— | : | {jj observed? |
(a) the premises a.re ceiled and lined and have an impermeable
. floor of concrete cement rendered to a smooth surface, close-jointed hardwood, or other approved non-absorbent material which can be flushed and washed clean with water; (b) the ceiling of the premises is constructed of smooth metal or wood and is oil-painted or kept well lime-washed;
(c) the interior surfaces of the walls of the premises are either painted with oil paint kept in cleanly condition or limewashcd;
(d) every room in which dough is mixed, or in which dough, bread, cakes, or pastry is kept or handled, is well ventilated and lighted;
(e) the walls, ceilings, and floors- are kept in a thoroughly clean
• and wholesome condition; and
(/) the doors and windows are protected, to the satisfaction of an inspector, against flics and dust by means, of self-closing wire-gauze doors and wire-gauze screens.
(2.) Stables shall not be situated in close proximity to any premises used as a bakehouse.
86. The owner of any bakehouse shall— (a) cause every pan, trough, machine, apparatus, appliance,
receptacle, utensil and thing used in the bakehouse to
be kept in a thoroughly clean and wholesome condition;
(b) cause every person working in tho bakehouse to wear a white apron and clean and sufficient clothing, and shall drets himself accordingly if he takes any part in any operation conducted therein or connected therewith;
(c) cause flour stocks to be stored only in. dry well-ventilated
places and shall cause the same and all other bakehouse
stores to be kept in such a place and manner as to ensuretheir protection from dust, rats, mice, and other vermin, and any other cause liable to cause spoilage or deteriora-' tion of any such goods; (d) cause each barrel, box, tub, cask, trough, machine, appliance, apparatus, and utensil containing any food or food material, to be kept clean and to be closely covered when not in actual use;
(e) cause every trough to be scraped and cleaned after each occasion of use, and .shall not allow dough scraps or particles to remain therein or thereon;
,
(/) cause every floor to be kept clean and free from caked flour and grease, and for such purpose shall have every floor regularly scraped and scrubbed;
(g) provide for the use. of employees an adequately equipped "washroom and a plentiful supply of potable water, soap, and clean towels, and a place in which employees can change and keep, their clothing;
(/() provide adequate sanitary accommodation.for the use of employees, and, where females are. employed, separate sanitary accommodation for the use of such females, in a location and manner satisfactory to an inspector;
(i) cause every wash-room, change-room, and sanitary con-
venience to be kept in a clean and sanitary condition and( / ) not permit any horse or poultry to be at large in any yard
or any bakehouse premises, and on any such premises on (7c) cause such manure bin to be kept covered when not in actual use, and to be emptiecl of its contents at least once weekly; and ; which a horse is stabled he shall provide a properly-con- -
structed and covered manure bin into which he shall cause
to be placed daily all animal droppings;.
, (I) ensure that every vehicle used in the carriage or delivery of bread for sale shall be kept at all times clean and free from refuse material of any kind.
87. Any person employed in any bakehouse shall not— (a) place any bread, cakes, pastry, or any other food upon the
ground or floor, or upon any place other than a bench, shelf, or rack well above the ground or floor and kept for the purpose;
(b) sit or lie on any table, bench, or trough, or upon any other
place on which food is prepared, handled, or kept ;
(c) spit, smoke, or chew tobacco in any bakehouse when any work connected with the preparation of food for sale is being- performed ;
(d) use any bakehouse for any purpose other than that connected
strictly with the preparation and baking of food;
(c) keep, or have in or suffer or permit to be in any bakehouse
any dog, bird, or poultry;
( / ) use any kerosene, petrol, or other tin receptacle of a like
description for the purpose of holding yeast;
(g) use or suffer to be used for covering dough or for working dough upon, any bag or sack, or material other than that approved by the Medical Officer of Heal th and which material is kept solely for the purpose and is maintained at all times in a clean condition; or
(h) fail to observe due cleanliness of person or habits, or neglect to wash his hands before commencing work or before resuming work after visiting the sanitary convenience or urinal, or neglect to use or misuse any convenience provided by his employer for tho protection of food from contamination.
Division 5.—Meals and Cooked Meats.
UnsoundJood.
88.— (1.) The owner of any hotel, cafe, restaurant, cooked meat shop, or refreshment room shall not have in his possession any unsound food or use or suffer to be used in the preparation of food for sale any tinned milk, fruit, jam, fish, or other packed article which is " b l o w n " or which upon opening shows any signs of decomposition, fermentation, or alteration in appearance of contents.
(2.) The owner of any such premises shall not use any stale eggs or rancid butter as or in preparation of food.
nutiesoi 89. The owner of every hotel, cafe, restaurant, cooked meat shop and owner. refreshment room shall— • (a) cause every milk jug; cream jug, and every sugar basin
used or had on any table or other place to have its contents protected against flies and dust by means of an approved effective covering, and every such receptacle shall be so constructed as to be capable of ready cleansing, and shall be free from crevices and recesses which are incapable of
' • ready access for cleansing purposes;
(b) cause every ice-chest, meat-safe, and food cupboard upon his premises to be kept at all times in a clean and whole- some condition, and shall not have therein at any time any unsound, stale, or mouldy articles of food or any offensive substance of any kind whatsoever; nor shall he store any milk in any ice-chest, meat-safe, or other recep- tacle which contains any substance likely to impart an odour to or contaminate such milk;
(c) provide an adequate supply of potable water for use in
the preparation of food and he shall not use any waterL other than potable water for such purposes Or for supply
to the public for dr inking;
(d) not use or suffer to be used as a sleeping-room any room which is in direct communication with any dining-room, kitchen, or other place used for the preparation, serving, or storage of food for sale; nor shall he have or permit or suffer any bed or bedding to be in any such room;
• (e) provide proper drainage facilities, and shall cause all means of drainage upon, or in connexion with, his premises to be maintained at all times in good repair and efficient action, and shall cause all sink wastes to be trapped and to discharge over tr.apped. gullies or over a channel leading to a gully in the open air; nor shall he have or permit any direct opening to a drain or drain inlet to be within a kitchen or any other place in which food for sale is prepared or stored;
(/) provide adequate sanitary accommodation, as> prescribed, and shall cause every sanitary convenience upon or in connexion with his premises to be kept at all times in a scrupulously clean condition and every earth-closet pro- vided with a plentiful supply of approved covering material;
(g) provide sufficient means of ablution with clean towels and soap for the use of employees, and he shall bo responsible for employees handling food washing their hands before commencing work and after visiting a sanitary conveni- ence ;
(h) cause all pots, pans, kettles, and other utensils used in or about the kitchen to be kept in a clean and sanitary condition; and(i) not serve or permit to be served any food product in any container bearing the label of a brand of a similar or like product other than that of the product so served.
| eating-houses, cooked meat shops, and refreshment rooms shall be cmployce3- | 90. Employees at hotels, boarding and lodging houses, restaurants, oieaniincsa of |
cleanly in their habits, person, -and clothing, and shall, not smoke nor spit within any diningroom, kitchen, or other place appurtenant
| thereto. | ; | . | . |
91.— (1.) A filter other than a filter^ of a type approved by the imtcrs.
Director-General shall not be used for treating water Used in the pre- pnrnfion of any article of food or for supply to the public for use with beverages or for ordinary drinking purposes at any premises referred to in the last preceding regulation.
(2.) Where a filter is in use, the keeper of any such premises shall maintain the filter at all times in a clean and sanitary condition and in a state of good repair and.efficient action.
| disease shall not be employed in or permitted to work in any dlscaara- | 92. Any person having any venereal disease or any infectious Infectious | |
| kitchen or pantry, or take any part in any work connected directly or indirectly with the food supply in any hotel, cafe, restaurant;.cooked meat shop or. refreshment room until he presents a certificate | signed by a registered medical practitioner showing that there is no | |
| longer any danger of his transmitting an infectious disease and that | ||
| his clothing has been properly disinfected. | ||
| ||
| other receptacle that is cracked, broken, chipped or otherwise unsound, or that is so impaired as to precludo the possibility of thorough cleansing or serve any food to any person in any such place on or in any glassware, earthenware, china, or other receptacle which is cracked, chipped, or otherwise unsound, or that is so impaired as to preclu.de the possibility of thorough cleansing. |
94.— (1.) Whenever in the opinion of the Director-General the Glass-washers.'
provision of mechanical glass-washing apparatus is necessary in any hotel bar he may, by notice in writing, require the owner to provide and install such apparatus as he directs and within the time specified in such notice:
Provided that a glass-washing apparatus shall not bo approved unless it is capable of washing glasses insideand out in the one operation.
(2.) Any owner who installs any glass-washing apparatus in pur- suance of this Regulation shall cause it to be used for the intended purposes and at all times maintained in a clean Condition and in efficient action and repair.
(3.) Any owner who fails to comply with the provisions of this Regulation shall he guilty of an offence.
Approved
glass-washers.
95.— (1.) An owner shall not, in any premises or place in wiiicn or where drinks of any kind are sold, use -or have any glass-washing apparatus other than that of a'icihd approved, by the Director-General.
(2.) An owner shall not, in any such premises or place, use or have any glass-washing apparatus which includes a brush or .which is not capable of completely washing a glass inside and out (including the r im) in the one operation when the water supply is turned on by the operator.
Food not to be re-served.
96. Pood that has been served to any person on any premises where meals to the public are served and then returned to the kitchen or serving-room shall not again be used for or served to any other person.
Cellars not to be used.
97. A cellar, basement or underground room shall not, except with the consent in writing of the .Director^General, be used for the manu- . facturo, preparation, or serving of food for sale.
food to be Protection ol
98.— ( l . ) ' A l l appliances, conveniences, and means provided for the protection of food from contamination upon any premises, wherein or whereon any article of food for sale is served, prepared, manufactured, stored, or handlod shall be constantly and properly used and applied by the owner, and any person by whose act, default, neglect, or omission such food is exposed to contamination shall be guilty of an offence.
maintained. (2.) Any person wilfully damaging, destroying, removing, or render- ing inoperative any appliance, convenience, or means provided by the owner for the protection of food from contamination shall be guilty of an offence.
to be used. Fingers not
99. A cook or other person serving meat or any other food for sale at any hotel, refreshment room, restaurant, boarding-house, or other place where foods are sold or prepared for sale, shall not portion out food of any kind on to plates or dishes with his fingers but shall use a clean fork, spoon, or other instrument.
Protection
100. All Jars, glasses, syrup containers, decanters, bottles, bowls, drinking-straws, and every other article used in connexion with the dispensing of food shall be kept covered at all times in such a manner as. to protect same and contents effectively from contamination by flies and dust.
from flies and dust. Crockery to
101. The owner of any premises or place in which or on which meals of any description arc served to the public, shall cause'every article of crockery, tableware, and silverware to be thoroughly cleansed with hot water and soda or soap immediately after each occasion of use, and an owner shall not permit any such article to be placed upon any table or before any customer unless it is thoroughly clean and is free from any crack, chip, or other objectionable defect.
be clean. Table linen
102.T— (1 . ) ' The owner of any premises or place in which or on which meals of any kind are served to the public shall cause all table-linen to be kept clean, and shall not allow to be placed upon any table or before any customer any table napkin or serviette which is unclean or which
4o be clean.
has been used by any other person unless it has been washed and laundered since the last occasion of use. (2.) Any such owner shall cause every cruet to be kept clean and its condiment containers to be stoppered and properly closed, and shall cause the contents of every condiment container to be sound and fresh, and so that such contents comply with the standard prescribed by any law in force in the Terr i tory for any such article, or with any name applied thereto.
Sinks to be
103. I n every place where water under pressure is available, or can reasonably be made available, the owner of premises on which beverages o f ' a n y kind are sold shall provide in tho shop, or any other place in which beverages are sold or dispensed, a sink fitted under a tap connected with the water supply, in which the' washing of glasses used to contain or serve such beverages shall be performed immediately after each occasion of use with clean running water. Every such wash-sink shall be constructed and located to the satisfaction of the inspector, and shall be maintained at all times in a clean and wholesome condition.. The sink waste pipe shall be trapped immediately beneath the fitting, and shall discharge over a trapped gully or open drain leading to a trapped gully or other place approved by an inspector not being in or under any building.
provided.
| which has not been thoroughly washed in clean running water since clean" | 104.—(-1.) Auy person who serves any beverage for sale in a glass Glasses to bo |
the last occasion of use of such glass shall be guilty of an offence.
(2.) In every place in which beverages of any hind are sold, and where water under pressure is not available, or cannot reasonably be made available, such means of cleansing glasses immediately after each occasion of-use shall be provided by the owner as will ensure cleanli- ness and freedom from contamination, and a glass shall not bo furnished by the owner for use by any customer unless it has been previously washed and rinsed in clean water; and when any special moans of cleansing glasses is required by an inspector, the-owner shall comply with every notice served upon him in writing by such inspector requiring him to adopt such special means, and within the time stated in such notice.
P J L R T V I I . MISCELLANEOUS.
105. A person shall not use any tap in the drawing of any food for sale unless such tap is constructed—
(a) in such a manner as to be detachable from the vessel, -
utensil, or conveyor to which it is attached;
(b) in such a manner as to permit the ready cleansing of all
internal parts;
(c) so that the whole of the interior surface is perfectly smooth
and free from undulations and irregularities and is coated
with tin throughout, its full length; and .'• ' •
(d) so that the tap-plug consists of solid metal, and that everyaperture through it is cut straight and is free from
recesses.
| > | . | ' | ' | • | • |
106. Every person carrying on the business of a chemist shall cause conduct of
| .1 | j> i i | • | • • | . | -i. | i | T | chemists shops. |
the iollpwing provisions to be observed:—-
(a) the entire premises wherein his business is conducted shall
be lcept at all times in a clean and sanitary condition; •
(b) the counters, shelves, drawers, and bins in such premises shall
be free from dust and dirt;
(c) measures, mortars, and other apparatus and glassware- used • -•-^therein in preparing drugs shall be kept clean;
(d) prescription bottles used in the business shall be washed
and cleaned before filling;
(e) powder papers used in the business shall be made of clean
paper;
(/) back shop and basements of every such premises shall be kept clean, well ventilated and lighted, and free of lumber and refuse;
(g) store-rooms used in the business shall be dry, free from litter, and suitable for the storage of medical preparations';
(h) where a filter is in use at a chemist's. shop for filtering
water, the filter shall be of a type approved by the
Director-General, and a filter other than a type. approved•by the Director-General shall not be used upon such
premises; and
(i) where a soda fountain is operated in a chemist's shop, the
provisions of regulation 84 shall apply to its operation.
107. Any person who is guilty of any offenco against these Regula- Penaiti**
tions or who contravenes or fails to comply with any provision under these Regulations shall be guilty of an offence, and shall be liable, upon conviction, to a penalty not exceeding Twenty pounds; and where the offence is a continuing' offence, a penalty not exceeding Five pounds for every day during which the offence continues; but so that the total of such penalties shall not exceed One hundred pounds.
REPEAL.
108. The Public Health (Tce-cream Vendors) Regulations are BopttJ.
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