Sale of Food (Eating Houses) Regulations (NI)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2015Q00326 In force Continued Law

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NORFOLK  ISLAND

 

Sale of Food (Eating Houses) Regulations

No. 4 of 1969

Compilation No. 1

Compilation date:   29 September 2018

Includes amendments up to: Norfolk Island Continued Laws Ordinance 2015
(No. 2, 2015)

 

 

NORFOLK  ISLAND

 

 

SALE OF FOOD (EATING HOUSES) REGULATIONS

TABLE OF PROVISIONS

Section

 1. Citation

 2. Interpretation

 3. Sleeping in an eating house

 4. Refrigeration

 5. Disposal of unwholesome food and other wastes

 6. Re-serving of food

 7. Utensils to be kept clean

 8. Persons in eating houses

 9. Animals not to be in eating houses

 10. Eating house to be kept clean

 11. Handling of food

 

   NORFOLK        ISLAND

 

 

 

Sale of Food (Eating Houses) Regulations

 

Citation

 1.  These regulations may be cited as the Sale of Food (Eating Houses) Regulations.

Interpretation

 2. (1) In these regulations  —

“Inspector” means a person appointed by the Chief Executive Officer to be an inspector under section 8 of the Sale of Food Act 1950;

“proprietor”, in relation to an eating house, means  —

(a) in the case of an eating house that is a tourist accommodation house within the meaning of the Tourist Accommodation Act 1984 - the person who conducts the tourist accommodation house; or

(b) in any other case – the holder of a licence by virtue of which he is entitled to carry on the business of that eating house;

“registered medical practitioner” has the same meaning as in the Health Practitioners Act 1983 (NI).

“storeroom”, in relation to an eating house, means a part of the eating house where food to be used in meals to be served at the eating house is stored.

  (2) For the purposes of these regulations, food shall, in the absence of proof to the contrary, be deemed to be food to be used in meals to be served at an eating house if  —

(a) it is in, or in the vicinity of, the eating house; and

(b) it is apparently under the control of the proprietor of, or a person working at, the eating house.

Sleeping in an eating house

 3. The proprietor of an eating house shall not use or permit to be used as a sleeping place a kitchen, dining room, or storeroom of the eating house or a room with a door leading to a kitchen, dining room or storeroom of the eating house.

Refrigeration

 4. The proprietor of an eating house shall maintain in a clean and hygienic condition all refrigerators, cold storage chambers and other places for the cold storage of food that is to be used at the eating house.

Disposal of unwholesome food and other wastes

 5. (1) The proprietor of an eating house shall not use or permit to be used in the eating house food that is, or appears to be, unwholesome or contaminated.

  (2) The proprietor of an eating house shall cause all unwholesome or contaminated food or waste material in the eating house that is intended to be removed for use as food for animals to be placed in a covered, clean and disinfected receptacle of a kind approved for the purpose by an Inspector.

  (3) The proprietor of an eating house shall destroy or place in a garbage receptacle any unwholesome or contaminated food or waste material in the eating house, other than food or waste material that is intended to be removed for use as food for animals.

Re-serving of food

 6. The proprietor of an eating house shall not serve or permit to be served to a person in the eating house any food that has been served to any other person and returned to a kitchen or storeroom of the eating house.

 

Utensils to be kept clean

 7. (1) The proprietor of an eating house shall cause all glassware, crockery, cutlery, cooking vessels and other utensils in the eating house to be washed in clean, hot and soapy water after each occasion on which they are used.

  (2) The proprietor of an eating house shall not place, or permit to be placed, upon any table or before any customer in the eating house any glassware, crockery, cutlery or other tableware that is not clean or that is cracked or chipped.

Persons in eating houses

 8. (1) A person shall not smoke or spit in a dining room, kitchen or storeroom of an eating house.

  (2) A person shall not enter, or remain in, a dining room or kitchen of an eating house unless his person and clothing are in a clean condition.

  (3) A person who has been to a sanitary convenience shall not subsequently enter a dining room or kitchen of an eating house until he has washed his hands with water and soap.

  (4) The proprietor of an eating house shall not permit a person to enter, or remain in, the eating house in contravention of the preceding provisions of this regulation.

Animals not to be in eating houses

 9. The proprietor of an eating house shall not permit an animal to enter, or remain in, a kitchen, dining room or storeroom of the eating house.

Eating house to be kept clean

 10. (1) The proprietor of an eating house shall maintain the eating house in a clean and sanitary condition.

  (2)  The proprietor of an eating house shall comply with a direction of an Inspector with respect to the maintenance of the eating house in a clean and sanitary condition.

Handling of food

 11. (1) This regulation applies to a person who  —

(a) is suffering from an infectious disease;

(b) is wearing a medicated bandage on his forearm; or

(c) for any reason is likely to contaminate food handled by him.

  (2) A person to whom this regulation applies shall not handle, cook, prepare or serve food in, or for use in, an eating house.

  (3) The proprietor of an eating house shall not permit a person to whom this regulation applies to handle, cook, prepare or serve food in, or for use in, the eating house.

  (4) Where an Inspector has cause to believe that a person may be a person to whom this regulation applies, he may give notice in writing directing the person not to handle, cook, prepare or serve food in, or for use in, an eating house until the person has presented himself to a registered medical practitioner for examination and the practitioner is satisfied that the person is not a person to whom this regulation applies.

  (5) A person to whom a notice is given under the last preceding subregulation shall comply with the notice.

  (6) Where the person to whom a notice is given under subregulation (4) of this regulation is employed by the proprietor of an eating house, a copy of the notice may be given to that proprietor.

  (7) Where a copy of a notice is given to the proprietor of an eating house under the last preceding subregulation, he shall not permit the person to whom that notice is given under subregulation (4) of this regulation to handle, cook, prepare or serve food in, or for use in, the eating house unless the person produces a certificate from a registered medical practitioner stating that the practitioner is satisfied that the person is not a person to whom this regulation applies.

NOTES

The Sale of Food (Eating Houses) Regulations as shown in this consolidation comprises Regulations No. 4 of 1969 and amendments as indicated in the Tables below.

Enactment

Number

and year

Date of

commencement

Application saving or transitional provision

 

 

 

 

Sale of Food (Eating Houses) Regulations

4 of 1969

13.11.69

 

 

 

 

 

Sale of Food (Eating Houses) (Amendment) Regulations 1986

7 of 1986

22.5.86

 

 

 

 

 

[previously consolidated as at 27 April 2004]

 

 

 

 

Interpretation (Amendment) Act 2012

[to substitute throughout —Commonwealth Minister for Minister; and to substitute Minister for executive member]

14, 2012

28.12.12

 

________

Ordinance

Registration

Commencement

Application, saving and transitional provisions

Norfolk Island Continued Laws Amendment Ordinance 2015
(No. 2, 2015)
(now cited as Norfolk Island Continued Laws  Ordinance 2015 (see F2015L01491))

17 June 2015 (F2015L00835)

18 June 2015 (s 2(1) item 1)

Sch 1 (items 344, 345, 382–390)

as amended by

 

 

 

Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018

28 Sept 2018 (F2018L01378)

Sch 1 (item 50): 29 Sept 2018 (s 2(1) item 1)

—

 

Table of Amendments

ad = added or inserted

am = amended

rep = repealed

rs =  repealed and substituted

Provision affected

How affected

 

 

2

am

Ord No 2, 2015 (as am by F2018L01378)

2(1)

am

7, 1986

11

am

7, 1986; Ord No 2, 2015 (as am by F2018L01378)

 

Overview

The Sale of Food (Eating Houses) Regulations No. 4 of 1969, compiled on 29 September 2018, were enacted to address the problem of ensuring food safety and hygiene in eating establishments on Norfolk Island. The Regulations were introduced by the Norfolk Island Administration and aim to maintain high standards of cleanliness and food safety in eating houses, ensuring that food sold is wholesome and prepared in a sanitary environment. These regulations mandate the cleanliness of eating houses, the proper disposal of unwholesome food, the maintenance of utensils and refrigeration, and the prohibition of certain behaviours such as smoking or entering the eating area without being clean. These measures are intended to protect public health by preventing foodborne illnesses and ensuring that food sold to the public is safe and hygienic.

Scope and Application

The Norfolk Island Sale of Food (Eating Houses) Regulations No. 4 of 1969 governs the sale of food in eating houses on Norfolk Island, setting forth hygiene and safety standards to be observed by proprietors of such establishments. These regulations apply to the proprietor of an eating house, defined as either the person who conducts a tourist accommodation house or the holder of a licence to carry on the business of the eating house. The regulations address various aspects of food safety and hygiene, including the prohibition of using certain areas as sleeping places, the maintenance of refrigeration and storage facilities, the disposal of unwholesome food, and the cleanliness of utensils and eating houses. Additionally, the regulations prohibit the re-serving of food and restrict the entry of animals into certain areas of eating houses. They also mandate that certain individuals, such as those suffering from infectious diseases, should not handle food, and that individuals in such circumstances must be examined by a registered medical practitioner before being permitted to handle food again. The application of these regulations is territorially limited to Norfolk Island, with no stated exclusions or exemptions, and they may be extended or restricted through subordinate instruments.

Key Provisions

The Norfolk Island Sale of Food (Eating Houses) Regulations, which were established in 1969 and have since been amended, establish stringent standards for the operation of eating houses on Norfolk Island. These regulations mandate that the proprietors of eating houses must maintain high standards of hygiene and cleanliness, ensuring that food is handled and stored properly, and that eating house premises are kept sanitary (s. 3-11). The regulations also impose specific obligations on the parties they govern, including the prohibition of sleeping in certain areas (s. 3), the maintenance of clean and hygienic refrigeration units (s. 4), and the proper disposal of unwholesome food and waste (s. 5). Additionally, the regulations stipulate that food should not be re-served to customers (s. 6), all utensils must be kept clean and undamaged (s. 7), and persons entering the premises must adhere to hygiene standards (s. 8). The regulations further prohibit animals from entering certain areas (s. 9) and mandate that the overall cleanliness and sanitation of the eating house must be maintained (s. 10). Finally, individuals who may contaminate food due to health reasons are prohibited from handling, cooking, preparing, or serving food (s. 11). The Norfolk Island Sale of Food (Eating Houses) Regulations impose a series of obligations on the proprietors of eating houses. These include ensuring that their premises are kept clean and sanitary, prohibiting the use of certain areas for sleeping, maintaining refrigeration units in a clean and hygienic condition, and properly disposing of unwholesome food and waste (s. 3-11). Eating house proprietors must also ensure that food is not re-served to customers, that all utensils are cleaned after each use and are in good condition, and that they comply with any directions given by an Inspector regarding the maintenance of the eating house (s. 6-8, 10). Furthermore, proprietors must prevent animals from entering certain areas of the eating house and must not allow individuals who may contaminate food to handle, cook, prepare, or serve food (s. 9, 11). If a proprietor fails to comply with these obligations, they may be subject to enforcement actions. Violations of the Norfolk Island Sale of Food (Eating Houses) Regulations may result in civil or criminal consequences, although the specific penalties are not outlined in the regulations themselves. Generally, breaches of food safety regulations can lead to enforcement actions such as fines, closure of the eating house, and potential criminal charges for serious or repeated violations. The specific penalties would depend on the nature and severity of the breach, as well as any relevant local laws and regulations that may apply. It is important for proprietors to adhere to these regulations to avoid any potential legal repercussions.

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Area of Law
Food Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Compliance Obligations
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.