Food Act

Food (Sale of Food on Premises of Educational Institutions) Regulations 2009

[GN 94 of 2009 – 1 January 2010] [Section 18]

1. These regulations may be cited as the Food (Sale of Food on Premises of Educational Institutions) Regulations 2009.

2. In these regulations –

"educational institution" means any pre-school, primary school, secondary school or pre-vocational school;

"pre-school" has the same meaning as in the Early Childhood Care and Education Authority Act;

"pre-vocational course" has the same meaning as in section 37 of the Education Act;

"pre-vocational school" means any institution authorised under the Education Act to run a pre-vocational course;

"primary school" has the same meaning as in the Education Act;

"secondary school" has the same meaning as in the Education Act.

3. No person shall, on the premises of any educational institution, sell any food other than food which is specified in the Schedule.

4. 

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SCHEDULE

[Regulation 3]

FOOD WHICH MAY BE SOLD ON PREMISES OF EDUCATIONAL INSTITUTIONS

Cassava (manioc) (plain boiled)

Daal pourri

Drinking water

Farahta

Fruits, other than fruits cooked in sugar, candied fruits, crystallized fruits and pickled fruits

Idli

Maize (boiled or roasted)

Nuts (boiled or roasted), including almonds, cashew nuts, peanuts and pistachios

Pain Fourre (the filling of which shall not contain any deep fried item and shall comply with regulation 206 of the Food Regulations 1999, which provides for maximum permitted level of fat)

Pancake

Pudding made of bread, cassava, maize, semolina or vermicelli

Pulses (boiled or roasted), including chickpeas (gram)

Puttu

Sandwich (the filling of which shall not contain any deep fried item and shall comply with regulation 206 of the Food Regulations 1999, which provides for maximum permitted level of fat)

Sweet potato (patate) (plain boiled)

Yam (arouille) (plain oiled)

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Food Regulations 1999

[GN 173 of 1999 – 1 January 2000] [Section 18]

1. Short title

These regulations may be cited as the Food Regulations 1999.

2. Interpretation

In these regulations –

"Act" means the Food Act;

"date of manufacture" means the date on which the food has been manufactured;

"expiry date" means, notwithstanding any other appellation such as '˜best before date', '˜sell by date', or '˜use by date', the date of the end of the estimated period after which the product will cease to retain its specific attributes which have been claimed tacitly or explicitly;

"ingredient" means any substance, including food additive, used in the manufacture or preparation of a food and present, even if in altered form, in the final product;

"lot identification" means the identification affixed to a definite quantity of a commodity produced essentially under the same condition;

"net weight or volume" means the quantity declared as follows –

(a) for liquid food by volume (litre, centilitre, millilitre);

(b) for solid food by weight (kilogramme, gramme);

(c) for semi-solid or viscous food either by weight or volume;

"pre-packed food" means food, including cooked and uncooked, which has been packed in a container before being sold to an ultimate consumer, and which is sealed in such a manner that the contents cannot in any way be altered without the package being opened or undergoing perceptible modification;

"ultimate consumer" means any person who buys otherwise than for the purpose of –

(a) resale;

(b) a catering establishment; or

(c) a manufacturing business.

PART I – FOOD COMPOSITION AND LABELLING

3. Labelling requirements of pre-packed food

(1) Subject to paragraphs (2) and (3), no person shall import, manufacture, process, pack, store, offer for sale or sell any pre-packed food unless there is on the package a label conspicuously showing the following particulars in the English or French language –

 (a) the name of the food, which shall reflect the true nature of the food contained therein and the label shall mention in particular whether any substance has been added or abstracted from the food;

 (b) where the food contains edible fat or edible oil, the name of the edible fat or edible oil together with the common name of the animal or vegetable from which such fat or oil is derived;

 (c) the list of the ingredients present in the food in decreasing order of mass or percentage;

 (d) the country of origin;

 (e) the name and address of the manufacturer or packer;

 (f) in the case of mixed or blended food, words which indicate that the contents are mixed or blended, and such words shall be conjoined with the name of the food in capital lettering;

 (g) where the food contains alcohol, a statement as to the presence in that food of such alcohol in capital lettering;

 (h) where the food contains food additive, the chemical, common name, EEC serial number and type of the food additive;

 (i) any special storage conditions or conditions of use, as well as the expiry date, except for food specified in the First Schedule;

 (j) the expiry date, and the date of manufacture or the lot identification, which shall be printed on the label or embossed on the container;

 (k) the lot identification which shall be printed on the label or embossed in code or in clear on the container to identify the lot;

 (l) the designation "treated with ionising radiation", if the food has been so treated;

 (m) the designation that the food has been obtained as a result of genetic modification or that the food contains an ingredient that is genetically modified, if that is the case;

 (n) the net weight or volume of the food;

 (o) where the food contains beef or pork, or its derivatives or lard, a statement as to the presence in that food of such beef or pork, or its derivatives or lard;

 (p) where the food contains edible gelatin, a statement as to the presence in that food of such gelatin and the common name of the animal from which the gelatin is obtained;

 (q) where a claim is made as to the presence in that food of any vitamin or mineral or amino acid, a statement setting out in the case of –

  (i) vitamin, the quantity of each vitamin in International Units or milligrammes;

  (ii) mineral, the quantity of each mineral in parts per cent or milligrammes; or

  (iii) amino acid, the quantity of each amino acid in milligrammes present in a stated quantity of food;

 (r) where the label attached to a food contains an expression or vignette or a picture indicating or implying the nature of the food, it shall be a true indication of the food contained in the package.

(2) The particulars referred to in paragraph (1) may be shown in any official language of any country provided that, in such a case, an additional label bearing a translation of the particulars in the English or French language is affixed on the package under the supervision of an authorised officer.

(3) No additional label referred to in paragraph (2) shall be valid unless the Permanent Secretary is satisfied that the translation has been done by such person as he considers as having the necessary competence to do so.

[Reg. 3 amended by reg. 3 of GN 184 of 2004 w.e.f. 18 October 2004.]

4. Food for which no standard is prescribed

Where no standard has been expressly prescribed in these regulations in relation to a particular food, the label on the package of that food shall not describe or present that food in a manner, by a name or with a pictorial suggesting a comparison with another food for which a standard has been prescribed in these regulations.

5. Food with decrease sodium content

No person shall import, manufacture, process, pack, store, offer for sale or sell any food whose sodium content has been decreased or eliminated unless the label on the package of the food bears the appropriate terminology for the following quantitative standards in respect of element of sodium –

(a) Sodium free

not more than 5 milligrammes per 100 grammes;

(b) Very low sodium

not more than 35 milligrammes per 100 grammes;

(c) Low sodium

not more than 140 milligrammes per 100 grammes;

(d) Reduced sodium

processed to reduce the usual level of sodium by 75 per cent;

(e) Unsalted

processed without sodium chloride;

(f) No salt added

shall express the natural sodium content in milligramme per 100 grammes.

6. Low calorie food

(1) No person shall import, manufacture, process, pack, store, offer for sale or sell any food labelled –

 (a) "LOW CALORIE" unless the food contains not more than 40 calories per 100 grammes of food;

 (b) "REDUCED CALORIE" unless the calorie content of the food is one third lower than the calorie content of the food to which it is compared; and

 (c) "DIET" or "DIETIC PRODUCT" unless the product complies with the standards specified in paragraph (2).

(2) The label "DIET" or "DIETIC PRODUCT" shall –

 (a) comply with the requirements for low or reduced calorie food;

 (b) be clearly described as being useful for special dietary purposes; and

 (c) not make any claim to the effect that the food is guaranteed to maintain or reduce body weight.

7. Substitution of trademark for name of food

No person shall substitute the name of a food by a trademark, brand name or fancy name.

8. Authorisation to process pre-packed food

No person shall engage in the processing of any pre-packed food without the written authorisation of the Permanent Secretary.

9. Expiry date of processed food and label tampering

No person shall –

(a) import, expose for sale, sell or store any pre-packed food whose expiry date has lapsed;

(b) alter, obliterate, remove or forge the expiry date of any pre-packed food; or

(c) alter, obliterate, remove or forge any label of any pre-packed food.

10. False claims on labels

No person shall make any false, misleading or deceptive claim on the label of a package of food, and any package of food so found shall, after certification by the Government Analyst, be seized and destroyed by an authorised officer.

11. Packaging on retail premises

Where any food is packaged on retail premises and is offered, exposed or kept for sale in such a manner that the customer may himself select the packaged food –

(a) every such package shall be sealed; and

(b) where the package is of a transparent material, the label required by regulation 3 may be inserted inside the package.

12. Exemption from regulation 3

Regulation 3 shall not apply to any –

(a) package of food if the food is of the nature, quality, quantity, origin, or brand requested by the purchaser and weighed, counted or measured in the presence of the purchaser; or

(b) perishable cooked food ready for human consumption which is packaged on retail premises in response to a demand by a purchaser for a specified quantity of such food.

13. Powers of authorised officer

(1) An authorised officer may seize any food whose package does not comply with the labelling requirements of these regulations.

(2) Food seized under paragraph (1) may –

 (a) be destroyed following the same procedure as specified in section 5(2)(b) of the Act; or

 (b) be otherwise disposed of as the Permanent Secretary may determine.

14. Special labelling requirements

This part does not preclude the inclusion of special labelling requirements where the nature of the food so requires.

PART II – PACKAGES FOR FOOD

15. Use of harmful packages prohibited

No person shall import, manufacture, advertise for sale, sell or use or cause to be used in the preparation, packaging, storage, delivery or exposure of food for sale, any package, contact material or container which yield or could yield any toxic, injurious or tainting substance to its contents.

16. Use of polyvinyl chloride packages

No person shall import, manufacture or advertise for sale or sell or use or cause to be used in the preparation, packaging, storage, delivery or exposure of food for sale, any package, contact material or container made of polyvinyl chloride which contains more than one milligramme per kilogramme of vinyl chloride monomer.

17. Use of package for non-food products prohibited

No person shall use or cause to be used in the preparation, packaging, storage, delivery or exposure for sale of any food, any package or contact material or container that had been used or intended to be used for any non-food product.

18. Recycling of packages prohibited

No person shall use or cause to be used in the preparation, packaging, storage, delivery or exposure for sale of –

(a) sugar, flour or rice, any sack or bag or packet that has been previously used for any other purpose;

(b) edible fat or edible oil, any bottle or other container that has been previously used for any other purpose; or

(c) food or beverage, any container or plastic or glass bottle that has been used for any other purpose.

19. Toy, coin not to be placed in food package

(1) No person shall import, expose for sale, or sell any food or pre-packed food where there is any toy, coin or other article which is in direct contact with the food.

(2) Paragraph (1) shall not apply to an article for measuring the recommended quantity of food to be consumed.

(3) An article mentioned in paragraph (2) shall be sterile and where the article is made of plastic, it shall be of food grade plastic.

PART III – WARRANTY AND PRE-MARKET APPROVAL PERMIT

20. Food requiring written warranty

The food in respect of which a manufacturer or dealer or distributor, is required to give a written warranty or other written statement under section 12 of the Act when selling such food to a vendor shall be those specified in the Second Schedule.

21. Selling food not of nature demanded

No person shall sell to the prejudice of a purchaser any food which is not of the nature or substance or quality demanded by the purchaser.

22. Provision as to false and misleading advertisement

No person shall publish or shall be party to the publication of any advertisement which falsely describes any food or which is likely to mislead as to the nature or substance or quality of the food unless he proves that he did not know and could not with reasonable diligence have ascertained that the publication was of such a character.

23. Application for pre-market approval of food and food container

(1) No person shall import or manufacture any food, pre-packed food, container or contact material intended to be used for the preparation of any food, specified in the Third Schedule, unless he has obtained a pre-market approval permit issued by the Permanent Secretary.

(2) An application for a pre-market approval permit shall be made in the form as set out in the Fourth Schedule.

(3) Every person who applies for a pre-market approval permit shall furnish to the Permanent Secretary –

 (a) an original certificate of analysis from an accredited laboratory from the country exporting the product, certifying the chemical composition and microbiological safety of the product; and

 (b) such other document or information, or such sample for analysis or examination, as the Permanent Secretary may determine.

(4) Any person who has imported or manufactured any food or pre-packed food, container or contact material specified in the Third Schedule before 1 January 2000 shall, after 1 January 2000, obtain the required pre-market approval permit.

[Reg. 23 amended by reg. 3 of GN 93 of 2010 w.e.f. 5 December 2009.]

24. Criteria for granting a pre-market approval permit

(1) The Permanent Secretary may, in deciding whether to grant or refuse an application for a pre-market approval permit, consider among other factors, whether the food, pre-packed food, appliance, container or contact material, subject matter of the application is –

 (a) violating any regulation made under the Act;

 (b) restricted for sale in Mauritius;

 (c) misbranded;

 (d) improperly labelled; or

 (e) likely to be hazardous to public health.

(2) The Permanent Secretary may stipulate such conditions as he may determine in a pre-market approval permit.

25. Revocation of pre-market approval permit

The Permanent Secretary may revoke any pre-market approval permit if he is satisfied that –

(a) the product which is being imported or manufactured by the permit holder is not of the same standard as the product in relation to which the pre-market approval permit was originally granted;

(b) the holder of the permit has failed to comply with any condition stipulated in the permit; or

(c) the food, pre-packed food, appliance, container or contact material does not comply with the standards prescribed in the regulations made under the Act.

PART IV – EXAMINATION AND SAMPLING OF FOOD

26. Customs not to release food

(1) The Director-General of the Mauritius Revenue Authority shall not release any imported food which is in his custody unless the relevant written authority is granted by the Permanent Secretary.

(2) For the purpose of issuing an authority under paragraph (1), the Permanent Secretary may require the importer to furnish such certificate in terms of paragraph (3)
as may be necessary to access the fitness and safety of the imported food.

(3) A certificate referred to in paragraph (2) shall be an original certificate issued by an official authority of the country exporting the food.

27. Examination of whole consignment

(1) Where the authorised officer is of the opinion that a whole consignment needs to be examined, the Director-General of the Mauritius Revenue Authority shall release the whole consignment whenever requested to do so by the authorised officer.

(2) Where the whole consignment is released under paragraph (1), it shall be sealed before its release by the authorised officer.

(3) The importer shall, at his expenses, cause the whole consignment to be transported to a place determined by the authorised officer.

(4) The importer shall allow the authorised officer to have access to the whole consignment within reasonable working hours for the purpose of examining the consignment.

(5) Where the food has been found to be fit for human consumption, the authorised officer may, in writing, allow the importer to distribute the consigned food.

(6) Where the food has been found to be unfit for human consumption, the authorised officer shall proceed in accordance with section 5(2)(b) of the Act.

28. Sampling of imported food

(1) Notwithstanding that a consignment of food is in the custody of the Director-General of the Mauritius Revenue Authority, an authorised officer may proceed to take sample for the purpose of chemical analysis, physical or microbiological examination under section 6 of the Act, provided he follows the procedure specified in regulation 29 or 30.

(2) An authorised officer shall, when sampling imported food for chemical analysis or physical or microbiological examination, deliver to the importer or his agent a certificate as set out in the Fifth Schedule.

(3) An authorised officer may seal any consignment of any imported food, a sample of which has been taken under paragraph (1), until receipt of the certificate of analysis or examination, as the case may be.

(4) Where a sample taken under this regulation has been analysed or examined, and it appears from the certificate issued, in that respect, that an offence under the Act has been committed, the authorised officer shall –

 (a) forthwith communicate to the Director-General of the Mauritius Revenue Authority and the General Manager of the Mauritius Port Authority, the name of the importer and any other fact which he has in his possession in the form set out in the Sixth Schedule;

 (b) seal and detain the consignment and direct the Director-General of the Mauritius Revenue Authority or the General Manager of the Mauritius Port Authority to take such actions as he may determine.

29. Procedure to take sample

(1) Where an authorised officer has taken a sample of food in accordance with section 6 of the Act, for the purpose of physical examination or chemical analysis, he shall –

 (a) in the presence of the person from whom the sample was taken, divide the sample into 3 parts and mark and seal, or where it is not practicable to do so, fasten up each part in such a manner as its nature will permit;

 (b) give one part to the person from whom the sample was taken and, whenever necessary, inform the seller, importer, or manufacturer of same, by registered post, as soon as practicable;

 (c) as soon as practicable, deliver, personally or through another authorised officer, one of the remaining parts to the Government Analyst, and retain in his custody, and in proper storage conditions, the other remaining part.

(2) Where an authorised officer has to take any food which is contained in unopened packages, and where it is not reasonably practicable to divide them into parts, or where dividing them into parts might affect the composition or quality of the food or might impede the proper analysis of the food, the authorised officer shall take the required number of unopened packages and treat them as one of 3 parts of a sample and any reference in these regulations to a part of a sample shall be construed accordingly.

(3) Notwithstanding paragraphs (1) and (2), where a particular food or package of food has or appears to have in or upon it any foreign substance or matter which is suspected of being poisonous, harmful or injurious to health, the authorised officer shall only take one sample without dividing it into separate parts, and shall, as soon as practicable, deliver the sample so taken, personally or through another authorised officer, to the Government Analyst.

30. Sample of food for microbiological examination

Where a sample of food is required for microbiological examination, the authorised officer taking or procuring the sample in accordance with section 6 of the Act shall –

(a) take only one sample and shall not divide such sample into separate parts;

(b) mark and seal, or where it is not practicable to do so, fasten up each sample in such a manner as its nature will permit;

(c) deliver the sample personally or through another authorised officer to the appropriate laboratory as soon as practicable; and

(d) in the case of any food produced locally, inform, in writing, the local manufacturer of his intention to have the food sample examined microbiologically.

31. Sampling of food in transit

(1) Where an authorised officer takes a sample of food while it is in transit, or at the place of delivery to the purchaser or consumer, he shall, subject to paragraph (2), deal with it in the manner specified in regulation 29 or 30.

(2) The authorised officer shall, in the case of a sample taken for chemical analysis, retain the first mentioned part of the sample, unless the name and address of the seller or manufacturer appear on the container containing the food sampled, in which case he shall forward that part of the sample to the seller or manufacturer, together with a notice informing that person that he intends to have part of the sample analysed by the Government Analyst.

32. Refuse to provide sample

No person shall refuse to sell at the current market value, or to give without payment, a sample for the purpose of analysing any food, or any substance capable of being sold as or used in the preparation of food for human consumption.

PART V – FOOD HYGIENE

33. Building and facilities

The owner, occupier or licensee of any premises shall ensure that –

(a) the building and facilities are of sound construction and maintained in goodrepair;

(b) all construction materials are such that they do not transmit any substance which affects or is likely to affect the quality of food found on the premises;

(c) adequate working space is provided for the satisfactory performance of all operations relating to the manufacture, cooking or preparation of food;

(d) the building and facilities are so designed as to facilitate hygienic operations by means of a regulated flow in the process from the arrival of the raw material at the premises to the finished product, and shall provide for appropriate temperature conditions for the process and product;

(e) those areas where food is processed and where there is the likelihood of cross-contamination are adequately separated;

(f) the premises are provided with appropriate floors which shall be of hard skid proof tiles without crevices, and shall be adequately sloped for liquids to drain to trapped outlets and shall be easy to clean and disinfect;

(g) the juncture of the floor and walls are properly coved to facilitate cleaning;

(h) there is no sewage pipe, drain or inspection chamber in the building where food is prepared;

(i) walls are of waterproof, non-absorbent and washable materials, clean and without crevices and are painted with a light coloured washable paint and, where appropriate, are tiled or finished in terrazo, aluminium or stainless steel to a height of 2 metres from floor level;

(j) ceilings are so designed, constructed and finished as to prevent the accumulation of dirt and minimise condensation, mould development and flakery and are well painted and easy to clean;

(k) windows and other openings are so constructed as to avoid accumulation of dirt and are fitted with sound insect proof screens;

(l) apparatus for extracting smokes, fumes and odours, approved by the authorised officer, is provided and that any cooking point is adequately hooded;

(m) doors have smooth, clean, non-absorbent surfaces and are closely fitted, and where appropriate, are fitted with self closing devices;

(n) all overhead structures and fittings are installed in such a manner as to avoid contamination, directly or indirectly, of food or raw materials by condensation or drip;

(o) all preparation tables in the food preparation area are topped with unjointed aluminium sheets or stainless steel sheets or other impervious materials and, where appropriate, are moveable;

(p) separate stainless steel wash basins are provided at suitable places for vegetable, fish, poultry and meat;

(q) there are no inbuilt cupboards under washbasins and preparation table;

(r) adequate and conveniently located facilities for hand washing with soap, nail brush and hand drying facilities are provided wherever the food processing being carried on the premises so requires;

(s) where appropriate, a scullery separated from the food preparation area is provided with dishwashers or stainless steel washbasins with cold and hot water;

(t) ample potable water supply, including water storage tank is provided and necessary measures are taken for the protection of the water from contamination;

(u) appropriate toilet facilities, as directed by the authorised officer, are provided which shall not have direct communication with the area where food is processed, sold or consumed and which shall, at all times, be kept clean, well ventilated and lit;

(v) adequate and conveniently located changing facilities for employees are provided in food establishments where all personal effects and clothing shall be kept.

34. Provision for refuse disposal

The licensee of any food premises shall ensure that –

(a) there are on the premises adequate impervious garbage receptacles with close fitting lid;

(b) where appropriate, foot operated pedal refuse receptacles are provided;

(c) all food refuse and garbage are placed in garbage receptacles which are removed from the premises as often as necessary and at least daily;

(d) all garbage receptacles are cleaned and disinfected regularly;

(e) as directed by an authorised officer, a garbage room at low temperature is provided for the storage of garbage before its collection and disposal.

35. Food not to be exposed to contamination

(1)No licensee shall –

 (a) expose, or cause to be exposed, to any sort of contamination any raw food material or any food by direct or indirect contact at any stage of production;

 (b) store or use any food which is not clean, wholesome, free from adulteration and which is not safe for human consumption.

(2)A licensee shall ensure that –

 (a) all steps in the production process, including packaging, are performed without unnecessary delay and under conditions which will prevent the possibility of contamination, deterioration, or the development of pathogenic and spoilage microorganisms;

 (b) chopping boards and food preparation surfaces are cleaned and disinfected after use;

 (c) light bulbs or fixtures suspended over food or food processing areas are properly secured and protected to prevent contamination of food in case of breakage;

 (d) all practical measures are taken to exclude domestic animals and pets from the premises;

 (e) the premises are in such condition as to prevent the ingress of flies, birds, rodents and such other pests.

36. Equipment not to constitute hazard to health

Every licensee shall ensure that any equipment, fitting or container used in the preparation or production of food are so constructed or so maintained as not to constitute a hazard to the health of consumers.

37. Containers not to be reused

No licensee shall –

(a) reuse single service containers, cutlery or other article intended to be used in the making, preparing, keeping, selling or supplying of any food;

(b) reuse containers unless they are of such material and construction as will permit easy and thorough cleaning and, unless such containers are maintained clean and disinfected, where necessary.

38. Cleanliness

Every licensee shall ensure that –

(a) all parts of his food premises are clean and all facilities are in good working condition;

(b) a permanent cleaning and disinfecting schedule is drawn up to ensure that all areas and equipment of his establishment are appropriately clean and disinfected;

(c) all bags, containers, crates or boxes are kept on racks 300 millimetres above floor level; and

(d) no food is kept on ground or floor level.

39. Prohibition of food preparation in certain places

No licensee shall sell, serve, manufacture, produce, prepare, cook, pack, store, handle, or keep any food for sale for human consumption in any room or place which is in direct communication with any sleeping room, bathroom, or toilet, or any place in which an animal is kept.

40. Provision as to wrapping of food

(1) No licensee shall sell any food ready for immediate human consumption to any purchaser unless –

 (a) the food is packed, wrapped or covered so as to protect it efficiently from flies, dust or any contaminating matter;

 (b) the material used for wrapping the food or the container in which the food is placed is clean;

 (c) there is no writing or printing on the material used for wrapping the food except where such writing or printing is for the purpose of labelling.

(2) No licensee shall pack, wrap or cover any food which is meant for human consumption in a wrapping material or container which is not clean and appropriate for that type of food.

41. Prohibition of unhygienic practices in food vending

(1) No person shall blow with the breath into any paper bag or other container preparatory to its use as a receptacle for food for sale for human consumption, or wet his fingers by means of his saliva, to facilitate the handling of paper bags or other containers or wrapping for any food for sale for human consumption.

(2) No person shall, whilst engaged in the sale of unwrapped cooked food, handle bank notes or coins.

42. Food not to be introduced in non-food containers

No person shall use any bag, sack, or other receptacle which has, at any time, contained fertilisers, pesticides or any contaminating matter, for the purpose of storing or holding or carrying any food intended for sale for human consumption.

43. Returnable food containers

No person shall put any disinfectant, poisonous or odorous material, or any contaminating matter in a returnable food container.

44. Original food containers not to be used for other purposes

No person shall use any container having the name of any food for the sale for human consumption permanently marked or embossed thereon except for the purpose of putting therein the food corresponding to the name so marked or embossed.

45. Hygiene of crockery and other utensils

(1) A licensee of any premises where food or beverages which are ready for immediate consumption are sold, shall ensure that any plate, glass, spoon, fork, knife or other cutlery that is used to prepare or serve food is –

 (a) thoroughly cleansed with hot water, as soon as practicable after use, and are kept clean until again required for use;

 (b) not chipped, cracked, broken, or rusty, or in such a condition so as to impair or prevent it from being readily and thoroughly cleansed.

(2) Paragraph (1) shall also apply to any person who sells food but is not the holder of a licence.

46. Drinking straws

(1) The licensee of any premises where beverages are sold shall –

 (a) provide and maintain in clean order a container for drinking straws;

 (b) not reuse drinking straws.

(2) Paragraph (1) shall also apply to any person who sells beverages but is not the holder of a licence.

47. Food handler to have Food Handler's Certificate

(1) Every person engaged in the sale, preparation, manufacture, serving, packing, cooking, carriage, handling or delivery of any food for sale for human consumption shall, at all material times, have in his possession a valid Food Handler's Certificate which he shall produce to an authorised officer on demand.

(2) A Food Handler's Certificate shall specify –

 (a) that it has been issued by a Government Medical Officer authorised by the Permanent Secretary;

 (b) that the holder of the certificate has gone through a medical examination;

 (c) that the holder of the certificate has followed a food hygiene training course approved by the Permanent Secretary.

(3) A Food Handler's Certificate shall be valid for a period of one year from the date of issue and shall be renewable for 2 further periods of one year each.

(4) No person shall employ in any food business a person who does not possess a valid Food Handler's Certificate.

(5) Every licensee of a food business shall ensure that a food handler engaged in his food business –

 (a) has been trained in food hygiene matters commensurate with his work activities;

 (b) is, where necessary, properly supervised and instructed in the course of his work.

48. Personal hygiene

Every person while so engaged in the sale, preparation, manufacture, serving, packing, cooking, carriage, handling, or delivery of any food for sale for human consumption shall –

(a) keep and maintain his clothing, hands, hair, fingernails and body clean;

(b) wear a clean washable overall effectively preventing the food from coming in contact with any part of his other clothing;

(c) wear a clean hair covering for the purpose of effectively preventing his hair from coming in contact with food or any surface which the food is liable to come in contact;

(d) not wear strong smelling perfume or aftershave excessively, earrings or jewels with stones, watch, nail varnish and rings;

(e) not use dirty wiping clothes;

(f) not eat, smoke, chew tobacco or spit; and

(g) maintain a high standard of personal hygiene.

49. Prohibition of food handling by infected person

Any person who is the carrier of or contact of an infectious disease, or who is suffering from any infectious disease, diarrhoea, venereal disease, open infected wound, or any inflammatory or communicable infection of the skin shall not –

(a) engage in the sale, preparation, manufacture, storing, serving, packing, cooking, transport, handling or delivery of any food; and

(b) handle, whether for cleansing, washing or other purposes, any vessel, receptacle, utensil package or any instrument used in the preparation, manufacture, serving, packing, cooking, storing, transport, handling or delivery of any such food.

50. Responsibility of licensee relating to regulation 49

(1) The licensee of any food premises shall not permit any person falling within the description of regulation 49 to work or to resume work unless the person produces a certificate from a Government Medical Officer stating his fitness to resume work as a food handler.

(2) No such person shall resume employment without obtaining the certificate referred to in paragraph (1).

51. Use of devices to handle food

A person selling ready to eat food for human consumption shall, when removing the food from the receptacle where it is kept, do so by means of pliers, tongs or other similar devices except where the use of such devices is impracticable due to the nature of the food.

52. Sale of contaminated food

(1) A licensee shall ensure that no food which is sold or exposed for sale for human consumption on his premises has been exposed to dust, fumes, flies, or which is contaminated.

(2) No person shall sell or offer for sale for human consumption any food which has been exposed to dust, fumes, flies, or which is contaminated.

53. Food to be kept away from insanitary environment

No person shall prepare, store, offer for sale or sell any ready to eat food or drink intended to human consumption –

(a) near public conveniences;

(b) at or near any place where noxious substances or fumes are emitted; or

(c) in an insanitary environment.

54. Perishable food to be kept at adequate temperature

The licensee of any premises where food is prepared, displayed, stored, served or sold for human consumption, shall ensure that any perishable food is stored at such temperature as will protect it from spoilage.

55. Food transport vehicle

(1) No person shall use any vehicle for the transport or delivery of any food intended for sale for human consumption unless the vehicle is fitted with a compartment to contain the food, and such compartment is –

 (a) clearly, legibly and permanently marked on both external sides – "Food Transport Vehicle";

 (b) completely and effectively sealed off from the driver's cabin;

 (c) completely enclosed so as to protect any food carried therein from contamination by dust, flies or any other means; and

 (d) maintained clean at all times.

(2) This regulation does not apply to or in relation to multipurpose vehicles used for the transport of raw vegetables, raw fruits, raw grains, or any food contained in packages so as to afford complete protection from contaminating matter.

56. Sanitary requirements for food vehicle

Every person who sells by retail any food which is ready for immediate consumption from a vehicle, shall ensure that –

(a) the driver's cabin is separated and effectively sealed off from the section where the food is prepared, stored or sold;

(b) all fittings, equipment or utensils which come in contact with food are made of an impervious material approved by the Permanent Secretary;

(c) the vehicle is fitted with a sink which is supplied with ample potable water for the washing of utensils used in the preparation of food, and is also provided with a wash-hand basin soap, nailbrush and towel;

(d) adequate provision, including refrigeration, is made in the vehicle for the storage of perishable food;

(e) provision is made in the vehicle for the collection of garbage in bins fitted with close fitting lids;

(f) all interior walls, ceiling and floor of the vehicle are in good order and kept in clean condition at all times;

(g) the section where food is prepared, heated, or stored is made fly proof;

(h) a receptacle of greater holding capacity than the storage water tank is provided in the vehicle for the collection of all waste waters; and

(i) if cooked food is sold, such food is delivered in disposal container.

57. Food vehicle not to transport goods likely to contaminate food

No person shall use any vehicle which is normally used for the transport or delivery of any food intended for sale for human consumption for any other purpose which affects the condition of the vehicle to such an extent that any food placed in that vehicle may be contaminated.

58. Sanitation of vehicle transporting frozen food

(1) No person shall transport or cause to be transported in a vehicle any frozen or chilled food meant for storage, processing or distribution for human consumption unless that vehicle is appropriately equipped for the transportation of that food.

(2) For the purpose of paragraph (1) –

 (a) frozen food shall be transported in a refrigerated vehicle which is equipped with a temperature monitoring device;

 (b) chilled food shall be transported in an isothermic vehicle.

(3) The driver of the vehicle shall ensure that the interior of the vehicle is adequately protected from contaminating matter, including flies, pests and dust.

59. Hawkers to deal with food in hygienic conditions

(1) No person shall hawk food ready for human consumption unless the stall, table, bicycle, tricycle, barrow, cart or other vehicles designed or adapted for the purpose of transporting the food for sale is kept thoroughly clean and in a state of good repair.

(2) A person hawking ready to eat food intended for human consumption shall –

 (a) transport the food in a clean receptacle which shall be kept covered at all times, except during the period necessary to complete its sale; and

 (b) shall adequately protect the food from contamination of any sort.

60. Sanitary practices in cold room

(1) For the purpose of this regulation –

 "cold room" means a refrigeration room whose inner volume is 2.5 cubic metres or more.

(2) Every licensee, agent or lessee of a cold room or of any premises on which there is a cold room where food is stored for sale for human consumption shall ensure that –

 (a) no unwholesome food or refuse is stored in the cold room;

 (b) no food, except food contained in impervious containers, is stored on the floor of the cold room;

 (c) the floor of the cold room and the immediate area surrounding the cold room is kept clean at all times;

 (d) the cold room is provided with a temperature monitoring device approved by the Permanent Secretary, which shall be visible from outside the cold room and which shall be in good working order;

 (e) the continuous temperature reading from the temperature monitoring device mentioned in subparagraph (d) is recorded, and that such records are kept for a period of one year and are produced to an authorised officer on demand;

 (f) when cleaning his cold room, the waste water is properly drained and any food remnants and debris are properly disposed of to the satisfaction of an authorised officer, so as not to cause any nuisance, including foul smell and flies; and

 (g) the area outside the cold room where frozen food is sliced is adequately protected from flies.

PART VI – CONTAMINANT

61. Definition

For the purposes of this part –

"antibiotic" means any chemical substance produced by chemical synthesis or by a microorganism capable of inhibiting the growth of or destroying bacteria and other microorganism;

"contaminant" –

(a) includes –

 (i) any foreign extraneous, toxic, noxious or harmful substance that is contained in or is present on any food;

 (ii) metal contaminant, mycological contaminant, microorganisms and their toxins, antibiotic residue and pesticide residue;

(b) does not include any preservative, colouring substance, flavouring substance, flavour enhancer, antioxidant, food conditioner, sweetening substances or nutrient supplement;

"microorganisms and their toxins" include bacteria, fungi and their toxins;

"pesticide" –

(a) means –

 (i) any substance intended for preventing, destroying, attracting, repelling, or controlling any pest, including any unwanted species of plants or animals during the production, storage, transport, distribution and processing of food;

 (ii) any substance intended for use as a plant growth regulator, defoliant, desiccant, fruit thinning agent, or sprouting inhibitor; and

 (iii) any substance applied to crops before or after harvest to protect the crops from deterioration during storage and transport; but

(b) does not include fertiliser, plant and animal nutrient, food additive and animal drug;

"pesticide residue" –

(a) means any substance specified in the Tenth Schedule found in food resulting from the use of a pesticide; and

(b) includes derivatives of a pesticide, conversion products, metabolites and reaction products.

62. Prohibition of importation and sale of food with excess contaminant

(1) No person shall import, manufacture, store, pack, sell or offer for sale any food intended for human consumption which has any excess contaminant, microorganism, toxin produced by microorganisms, antibiotic residue or pesticide residue that are contained in or present on any food as specified in paragraphs (2) and (3).

(2) (a) Metal contaminants shall not be greater than the maximum permitted proportion specified in respect of that food in the Seventh Schedule.

 (b) Bacteria shall not be in a greater number than the numbers specified in respect of that food as set out in the Eighth Schedule.

 (c) The quantity of mycological contaminant shall not be greater than the maximum quantity specified in the Ninth Schedule.

 (d) Pesticide residue shall not be in excess of the limit specified in respect of that food as set out in the Tenth Schedule.

(3) (a) No food shall contain any antibiotic or its degradation products.

 (b) Notwithstanding subparagraph (a), a person shall not commit an offence where the Government Analyst certifies that the antibiotic residue or its degradation product detected does not constitute a danger to the health of human beings.

63. Exemptions, scientific research and food naturally containing excess contaminants

Regulation 62 shall not apply to –

(a) any food intended for the purpose of scientific research provided that the container bears a label stating clearly that the food is imported, manufactured, stored or sold for that purpose;

(b) hop concentrates or any similar ingredient used in the manufacture of beer and approved by the Permanent Secretary.

64. Sale of oyster and shellfish from non-polluted source

No person shall sell or have in his possession for sale for human consumption oysters or other shellfish taken from waters that are polluted.

65. Prohibition of sale of pesticide and similar products on food premises

No person engaged in the sale of food for human consumption, pre-packed or otherwise, shall on the same premises, trade in the sale of pesticide, fertiliser, petroleum product or other similar products.

66. Irradiated food

(1) Subject to paragraph (2), no person shall import, manufacture, process, pack, store, offer for sale or sell any food which has been exposed to ionising radiation.

(2) The Permanent Secretary may issue a certificate, in writing, allowing a person to import, manufacture, process, pack, store, offer for sale or sell food which has been exposed to ionising radiation.

(3) The Permanent Secretary may, in issuing a certificate under paragraph (2), take into account –

 (a) the period during which the food has been exposed to ionising radiation;

 (b) any test carried out regarding the level of ionisation of the food;

 (c) the nature of the food; and

 (d) any other factor which he may determine.

PART VII – FROZEN FOOD

67. Definition

For the purposes of this part –

"chilled cabinet" includes any refrigerator or cabinet which is used as a display case for food which is maintained at a temperature of between one degree celsius and 8 degrees celsius;

"chilled food" includes any poultry or poultry product, meat, meat product, whole or filleted fish, fish product, sea food and vegetable which has been maintained at a temperature of between one and 8 degrees celsius;

"freezer" includes any refrigerator or cold room which maintains its contents at a temperature of -18 degrees celsius or below;

"frozen food" includes any poultry or poultry product, meat, meat product, whole or filleted fish, fish product, sea food and vegetables which has been maintained at a temperature of -18 degrees celsius or below.

68. Manner of sale of chilled or frozen food

Every licensee shall ensure that, on his premises –

(a) no chilled food is displayed or offered for sale otherwise than in a chilled cabinet; and

(b) no frozen food is offered for sale otherwise than in a freezer.

69. Sale of defrosted food and chilled food

No person shall expose or offer for sale or sell any frozen food or chilled food
where –

(a) the frozen food has been completely or partially defrosted and subsequently refrozen; or

(b) the chilled food has been brought up to a temperature of more than 8 degrees celsius and re-chilled.

70. Intentional switching off of electric supply to freezer

No licensee shall, otherwise than in an emergency, cause the electric power to a freezer or chilled cabinet used for the storage or display of frozen or chilled food intended for sale for human consumption to be switched off at any time during which it contains frozen or chilled food.

71. Storage of frozen or chilled food during long power failure

No licensee shall, following an electric power failure in an emergency, store, display or sell any frozen or chilled food intended for human consumption unless the freezer or the chilled cabinet where the food was stored or displayed, was supplied anew with electricity within 12 hours of the power failure.

72. Hygienic condition for freezer and chilled cabinet

Every licensee shall ensure that a freezer or a chilled cabinet for the storage or display of frozen or chilled food on his premises is maintained in a clean and hygienic condition.

73. Prohibition to mix fresh, chilled and frozen food

Where a licensee stores, sells or offers for sale on his premises fresh, chilled and frozen meat, fish and poultry, he shall ensure that every fresh, chilled and frozen food is stored and displayed in separated stalls with clear indication as to the nature of the food on each stall.

74. Misrepresenting nature of chilled or frozen meat, fish or poultry

No person shall sell or offer for sale any chilled or frozen meat, fish or poultry by misrepresenting its true nature.

75. Misrepresentation of kind of meat

No person shall sell or offer for sale the meat of one kind of animal by misrepresenting it for the meat of another kind of animal.

76. Prohibition of importation, storage and sale of frozen fish which is not gutted

(1) No person shall, otherwise than for processing, import any frozen fish which is not gutted.

(2) No person shall store, offer for sale or sell any frozen fish which is not gutted.

77. Storage of various types of food in chilled cabinet or freezer

(1) No person storing or offering for sale chilled or frozen food for human consumption, whether packaged or not, shall keep them in the same chilled cabinet or freezer unless he provides separate compartments in the chilled cabinet or freezer in respect of the following 5 categories of food –

 (a) goat meat, goat meat product, mutton, mutton product, poultry and poultry product;

 (b) beef, buffalo meat, beef product and buffalo meat product;

 (c) pork and pork product;

 (d) fish and fish product; and

 (e) vegetable and vegetable product.

(2) Every compartment in a chilled cabinet or freezer which contains any of the 5 categories of food specified in paragraph (1) shall be marked in such a manner as to be easily identifiable by the consumer.

78. Prohibition

No licensee shall store an undressed animal carcass or quarter of carcass in any cold room, freezer or chilled cabinet.

PART VIII – FOOD ADDITIVE

79. Interpretation

In this Part –

"addition of permitted food additive" means a technological process whereby the additive directly or indirectly becomes a component of the food or otherwise affects the characteristics of the food;

"canned food" means a food in hermetically sealed container which has been sufficiently heat processed to destroy any Clostridium botulinum in the canned food which has a pH of less than 4.5;

"compounded food" means a food containing 2 or more ingredients;

"deterioration", in relation to food, means deterioration due to the action of –

(a) bacteria;

(b) yeast; or

(c) moulds;

"food additive" –

(a) includes –

 (i) preservative;

 (ii) colouring substance;

 (iii) flavouring substance;

 (iv) flavour enhancer;

 (v) antioxidant; and

 (vi) food conditioner;

(b) does not include –

 (i) nutrient supplement;

 (ii) contaminant; or

 (iii) salt;

"permitted food additive" means an additive that is intentionally introduced into food or laid on the surface of food in a permissible quantity during the –

(a) manufacture;

(b) processing;

(c) preparation;

(d) treatment;

(e) packing;

(f) transport; or

(g) storage,

of the food;

"p.p.m" means part per million calculated by weight;

"processing", in relation to food –

(a) includes curing by smoking and any treatment or process resulting in a substantial change in the natural state of the food;

(b) does not include –

 (i) boning;

 (ii) paring;

 (iii) grinding;

 (iv) cutting;

 (v) cleaning; or

 (vi) trimming;

"smoking" means the use of smoke derived from fresh non-impregnatedwood;

"storing", in relation to food, means the storage of food –

(a) in a container's park;

(b) in a warehouse;

(c) in a shed;

(d) in a fumigation chamber;

(e) in a cold room;

(f) in a vehicle;

(g) in a transportable container, whether refrigerated or not;

(h) on a quay;

(i) on a barge or ship in a harbour; or

(j) on an aircraft in an airport.

80. Prohibition

(1) No person shall import, manufacture, process, pack, store, offer for sale or sell any food which contains –

 (a) a food additive other than a permitted food additive; and

 (b) a permitted food additive which does not comply with the standard specified in this Part.

(2) No person shall introduce in or lay on a food –

 (a) any food additive other than a permitted food additive; and

 (b) any permitted food additive which does not comply with the standard specified in this Part.

81. Food additive masking food inferiority

No person shall offer for sale or sell any food in which food additive has been introduced or on which food additive has been laid so as to conceal the fact that the food is substandard.

82. Labelling for package of food additive

No person shall manufacture or pack any food additive unless the package bears a label in which shall be clearly and visibly written in the English or French language, the common name, chemical name or the EEC serial number of the additive contained therein.

83. Food or food additive for scientific research

(1) No person shall import food or food additive for scientific research unless he has obtained a permit issued by the Permanent Secretary allowing him to do so.

(2) Every person importing food or food additive for scientific research shall ensure that the food or food additive is labelled accordingly.

84. Good manufacturing practice

(1) Where the limit prescribed for a food additive in the Schedules to these regulations is stated to be "Good Manufacturing Practice (G.M.P)", the amount of the food additive added to food in manufacture or processing shall not exceed the amount required to accomplish the purpose for which that additive is required to be added to that food.

(2) A certificate issued under the hand of the Chief Government Analyst to the effect that a food contains food additive against "Good Manufacturing Practice" shall be received in all Courts as conclusive evidence of that fact.

(3) Where a food contains an additive –

 (a) which is not a permitted food additive under these regulations; or

 (b) in relation to which the maximum permitted level has not been prescribed in these regulations,

a certificate issued by the Chief Government Analyst declaring that the additive may or may not be permitted or determining the maximum permitted level of an additive shall be received in all Courts as conclusive evidence of that fact.

85. Definition of preservative

(1) A preservative shall be a substance that, when added to food, is capable of –

 (a) inhibiting, retarding or arresting the process of decomposition, fermentation or acidification of such food; and

 (b) does not mask evidence of putrefaction.

(2) Notwithstanding paragraph (1), the following shall not be considered as preservative –

 (a) herb;

 (b) spice;

 (c) vinegar;

 (d) common salt;

 (e) hop extract;

 (f) saltpetre;

 (g) alcohol or potable spirit;

 (h) sugar;

 (i) glycerol;

 (j) essential oil;

 (k) any substance absorbed by food during the process of smoking;

 (l) carbon dioxide, nitrogen or hydrogen when used in the packing of food in hermetically sealed container; and

 (m) nitrous oxide when used in the making of whipped cream.

86. Permitted preservative

(1) A permitted preservative shall be a substance listed in column 1 of the Eleventh Schedule.

(2) A preservative specified in column 2 of the Eleventh Schedule may be used as an alternative to the permitted preservative specified in relation to it in column 1 provided the alternative is used at the same level as the permitted preservative.

(3) A permitted preservative, whether used as such or in its alternative form, shall not contain more than –

 (a) 3 milligrammes of arsenic per kilogramme of the permitted preservative; and

 (b) 10 milligrammes of lead per kilogramme of the permitted preservative.

87. Food which may contain preservative

(1) A food specified in column 1 of the Twelfth Schedule may have in it or on it permitted preservative specified in column 2 of that Schedule in relation to that food and at the level specified in column 3 of that Schedule.

(2) Preservatives may be used in food, singly or in combination.

(3) Where a preservative is used singly, it shall not exceed the maximum permissible level prescribed, in relation to that preservative, in column 3 of the Twelfth Schedule.

(4) (a) Where a preservative is used in combination with other preservatives in a food specified in column 1 of the Twelfth Schedule –

  (i) the quantity of every preservative present in the food shall be calculated as a percentage of the maximum permissible level prescribed in relation to that preservative in column 3 of the Schedule;

  (ii) the percentages so obtained in relation to each preservative shall be added up.

(b) Where the sum total of the percentages obtained under paragraph
(4)(a)(ii) exceeds 100, the food shall not be fit for human consumption.

(5) The preservative specified in column 1 of the Thirteenth Schedule may be permitted in or on certain food and in the proportions specified in relation thereto in columns 2 and 3, respectively.

88. Permitted level of formaldehyde

(1) Subject to paragraph (2), a food may contain formaldehyde as a preservative where the food –

 (a) is wrapped in a wet strength wrapping containing resin based on formaldehyde;

 (b) is packed in a container manufactured from a resin of which formaldehyde is a condensing component; or

 (c) has been prepared in a utensil manufactured from a resin of which formaldehyde is a condensing component.

(2) A food mentioned in paragraph (1) may have, in or on it, formaldehyde derived from the wrapping, container or utensil provided the level of formaldehyde in or on the food does not exceed 5 p.p.m.

89. Definition of colouring substance

Colouring substance shall be a substance that, when added to food, is capable of imparting colour to that food.

90. Permitted colouring substance

(1) A permitted colouring substance shall be a substance specified in the Fourteenth Schedule.

(2) A permitted colouring substance shall comply with the purity criteria specified in paragraphs (3), (4) and (5).

(3) (a) No permitted colouring substance shall contain inorganic impurities more than –

  (i) one p.p.m of arsenic;

  (ii) 10 p.p.m of lead; and

  (iii) 100 p.p.m of each of the following –

(A) antimony;

(B) copper;

(C) chromium;

(D) zinc; or

(E) barium sulphate.

(b) Where a permitted colouring substance contains a combination of the inorganic impurities specified in paragraph (3)(a)(iii), the combination of those substances shall not exceed 200 p.p.m.

(4) (a) No permitted synthetic colouring substance shall contain organic impurities more than –

  (i) 0.01 per cent of free aromatic amines;

  (ii) 0.5 per cent of synthetic intermediates other than free aromatic amines;

  (iii) 4 per cent of subsidiary colouring substance, including isomers of homologues; or

  (iv) 0.2 per cent of matter insoluble in water.

(b) Where the permitted synthetic colouring substance is patent blue V, it shall comply with the same purity standards as specified in
paragraph (4)(a)(i), (ii)and (iii) but may contain matter insoluble in water not exceeding 0.5 per cent.

(5) No sulphonated organic permitted colouring substance shall contain more than 0.2 per cent of any substance extractable by diethyl ether.

91. Food which may contain permitted colouring substance

(1) A food specified in the Fifteenth Schedule may not contain added colouring substance except where specially provided for in the Sixteenth, Seventeenth, Eighteenth and Nineteenth Schedules.

(2) A food specified in column 1 of the Sixteenth Schedule may contain permitted colouring substance and to the maximum permissible level specified in relation to it in columns 2 and 3, respectively, of that Schedule.

(3) The colouring substance specified in column 1 of Seventeenth Schedule may be used in the food and to the maximum permissible level specified in relation to it in columns 2 and 3, respectively, of that Schedule.

(4) The colouring substance specified in the Eighteenth Schedule shall be permitted in all food other than those mentioned in the Fifteenth and Sixteenth Schedules at GMP.

(5) The colouring substance specified in the Nineteenth Schedule may be added singly or in combination to the food and up to the maximum permissible level specified in relation thereto in columns 1 and 2 of the Twentieth Schedule.

92. Definition of flavouring substance

A flavouring substance shall be a substance which, when added to food, is capable of imparting a specific and distinctive taste or odour to the food.

93. Permitted flavouring substance

(1) A permitted flavouring substance shall be –

 (a) a natural flavouring substance or a nature identical flavouring substance specified in the Twenty-first Schedule;

 (b) an artificial flavouring substance specified in the Twenty-second
Schedule; or

 (c) any other flavouring substance specified in the Twenty-third Schedule.

(2) A substance specified in the Twenty-fourth and Twenty-fifth Schedule shall not be a permitted flavouring substance.

94. Prohibition

No person shall import, manufacture, process, pack, store, offer for sale or sell –

(a) any flavouring substance other than a permitted flavouring substance; or

(b) any food which contains a flavouring substance other than a permitted flavouring substance.

95. Definition of flavour enhancer

A flavour enhancer shall be a substance which, when added to food, is capable of enhancing or improving the flavour of that food.

96. Permitted flavour enhancer

A permitted flavour enhancer shall be a substance specified in the Twenty-sixth Schedule.

97. Prohibition

No person shall import, manufacture, process, pack, store, offer for sale or sell –

(a) any flavour enhancer other than a permitted flavour enhancer; or

(b) any food which contains a flavour enhancer other than a permitted flavour enhancer.

98. Prohibtion relating to guanylic or inosinic acids

No person shall import, manufacture, process, pack, store, offer for sale or sell any food which contains sodium, calcium or potassium salts of guanylic or inosinic acids unless the amount of the above mentioned components, when used singly or in combination, does not exceed 500 p.p.m. in the ready to eat finished product.

99. Definition of antioxidant

An antioxidant shall be a substance which, when added to food, is capable of delaying or preventing the development of rancidity.

100. Permitted antioxidant

A permitted antioxidant shall be a substance specified in the Twenty-seventh
Schedule.

101. Prohibition

No person shall import, manufacture, process, pack, store, offer for sale or sell –

(a) any antioxidant other than a permitted antioxidant; or

(b) any food which contains an antioxidant other than a permitted antioxidant.

102. Specified amounts of antioxidant

(1) A food specified in column 2 of the Twenty-eighth Schedule may have in it a permitted antioxidant specified in column 1 of that Schedule in relation to that food.

(2) Antioxidants may be used in food, singly or in combination.

(3) Where an antioxidant is used singly, it shall not exceed the maximum permissible level prescribed, in relation to that antioxidant, in column 3 of the Twenty-eighth Schedule.

(4) (a) Where an antioxidant is used in combination with other antioxidants in a food specified in column 2 of the Twenty-eighth Schedule –

  (i) the quantity of each antioxidant present in the food shall be calculated as a percentage of the maximum permissible level specified, in relation to that antioxidant, in column 3 of the Twenty-eighth Schedule;

  (ii) the percentages so obtained in relation to each antioxidant shall be added up.

(b) Where the sum total of the percentages obtained under paragraph (4)(a)(ii) exceeds 100, the food shall not be fit for human consumption.

103. Definition of food conditioner

A food conditioner shall be a substance which is added to food for a technological purpose to obtain the desired food.

104. Permitted food conditioner

(1) A permitted food conditioner shall be –

 (a) an emulsifier as specified in the Twenty-ninth Schedule;

 (b) an emulsifying salt and phosphate as specified in the Thirtieth Schedule;

 (c) a modified starch as specified in the Thirty-first Schedule;

 (d) an acidity regulator as specified in the Thirty-second Schedule;

 (e) an enzyme as specified in the Thirty-third Schedule;

 (f) an anti-caking agent as specified in the Thirty-fourth Schedule;

 (g) a stabiliser as specified in the Thirty-fifth Schedule;

 (h) a thickener and gelling agent as specified in the Thirty-sixth Schedule;

 (i) an anti-foaming agent as specified in the Thirty-seventh Schedule; or

 (j) a solvent as specified in the Thirty-eighth Schedule.

(2) The following substances shall not be permitted food conditioners –

 (a) preservative;

 (b) colouring substance;

 (c) flavouring substance;

 (d) flavour enhancer; or

 (e) antioxidant.

105. Specified amounts of food conditioner

(1) Every food specified in column 2 of the Thirty-ninth to Forty-eighth Schedules may have in it a permitted food conditioner specified in column 1 of the Schedule in relation to that food.

(2) A food conditioner may be used in food, singly or in combination.

(3) Where a food conditioner is used singly, it shall not exceed the maximum permissible level specified, in relation to that food conditioner, in column 3 of the Thirty-ninth to Forty-eighth Schedules.

(4) (a) Where a food conditioner is used in combination with other food conditioners in a food specified in column 1 of the Thirty-ninth to Forty-eighth
Schedules –

  (i) the quantity of each food conditioner present in the food shall be calculated as a percentage of the maximum permissible level prescribed, in relation to that food conditioner, in column 3 of the Thirty-ninth to Forty-eighth Schedules;

  (ii) the percentages so obtained in relation to each food conditioner shall be added up.

(b) Where the sum total of the percentages obtained under
paragraph (4)(a)(ii) exceeds 100, the food shall not be fit for human consumption.

PART IX – SPICE AND SALT

106. Prohibition to sell substandard spice

(1) No person shall import, process, store, expose for sale or sell any spice which does not comply with the standard specified in paragraph (2).

(2) (a) Spice shall be the sound leaves, flowers, buds, fruits, seeds, barks or rhizomes of plants that are suitable for use as condiments for imparting any flavour or aroma to food.

(b) Aniseed shall be the dried, ripe fruit of the plant pimpinella anisum.

(c) Bay leaves shall be the dried leaves of the plant laurus nobilis.

(d) (i) Cardamom shall be the dried, ripe or almost ripe fruit of the plant elettaria cardamomum.

 (ii) Cardamom powder shall be the powder obtained by grinding the seeds of the dried, ripe fruits of the plant elettaria cardamomum.

 (e) (i) Chilli shall be the fruit or pod of the plant capsicum annum.

 (ii) Chilli powder shall be the powder obtained by grinding the clean dried ripe chilli fruit of the plant capsicum annum.

 (f) (i) Cinnamon shall be the dried bark of the plant cinnamomum cassia.

 (ii) Cinnamon powder shall be the powder obtained by grinding the clear dried bark of the plant cinnamomum cassia.

(g) (i) Clove shall be the dried flower bud of the plant caryophyllus aromaticus.

 (ii) Clove powder shall be the powder obtained by grinding the dried flower bud of the plant caryophyllus aromaticus.

 (h) (i) Coriander shall be the dried fruit of the plant coriandrum satirum.

  (ii) Coriander leaves shall be the leaves of the plant coriandrum satirum.

 (iii) Coriander powder shall be the powder obtained by grinding the clean dried fruits of the plant coriandrum satirum.

 (i) (i) Cumin seeds shall be the dried fruit of the plant cuminum cyminum.

 (ii) Cumin powder shall be the powder obtained by grinding the clean dried fruit of the plant cuminum cyminum.

 (j) (i) Fennel shall be the dried ripe fruit of the plant foeniculum vulgare.

 (ii) Fennel powder shall be the powder obtained by grinding the clean dried ripe fruit of the plant foeniculum vulgare.

 (k) (i) Ginger shall be the rhizome of the plant zingiber officinale.

 (ii) Ginger powder shall be the powder obtained by grinding the clean dried rhizome of the plant zingiber officinale.

(l) (i) Mace shall be the dried coat or arillus of the seed of the plant myristica fragrans.

 (ii) Mace powder shall be the powder obtained by grinding the dried coat or arillus of the seed of the plant myristica fragrans.

(m) (i) Mustard seed shall be the dried seeds of various species of the plant brassica.

 (ii) Mustard powder shall be the powder obtained by grinding the dried seeds of various species of the plant brassica.

 (n) (i) Nutmeg shall be the dried seed of the plant myristica fragrans.

(ii) Nutmeg powder shall be the powder obtained by grinding the dried nutmeg seed of the plant myristica fragrans.

 (o) Paprika shall be the dried ripe fruit of capsicum annum.

(p) (i) Black Pepper shall be the dried mature berry of the plant piper nigrum.

(ii) Black Pepper powder shall be the powder obtained by grinding the clean dried berry of the plant piper nigrum.

 (q) White Pepper shall be the dried mature berry of the plant piper nigrum;

 (r) Saffron shall be the dried stigma of the flower of the plant crocus satirus;

 (s) Sage shall be the dried leaf of the plant salvia officinalis.

 (t) Star aniseed shall be the dried ripe fruit of the plant Illicum verum.

(u) Thyme shall be the fresh or dried leaves and flowering tips of the plant thymus vulgaris.

(v) (i) Turmeric shall be the rhizome of the plant curcuma longa or curcuma domestica.

 (ii) Turmeric powder shall be the powder obtained by grinding the dried rhizomes of the plant curcuma longa or curcuma domestica.

107. Kind of salt allowed for sale

(1) No person shall import, manufacture, store, pack, sell or offer for sale any salt other than –

 (a) raw salt;

 (b) edible salt; or

 (c) any other salt approved by the Permanent Secretary.

(2) The salt referred to in paragraph (1) shall be of the standard specified in regulations 108 to 116.

108. Raw salt

Raw salt shall be salt which contains –

(a) not less than 97 per cent sodium chloride on a moisture free basis;

(b) not more than 0.2 per cent of matter insoluble in water; and

(c) not more than 5 per cent moisture.

109. Edible salt

Edible salt shall be refined salt, table salt and iodised salt.

110. Refined salt

(1) Refined salt shall be edible salt of crystalline solid, white in colour and free from visible impurities, without any additive, drying or anti caking agent, and which shall contain –

 (a) not less than 98 per cent sodium chloride on a moisture free basis;

 (b) not more than 0.2 per cent of matter insoluble in water;

 (c) not more than one per cent moisture; and

 (d) a permitted range of pH of 7.0 to 8.4 for a 10 per cent weight per volumesolution.

(2) A solution of a 10 per cent weight per volume of the refined salt shall be neutral to a solution of phenol red.

111. Table salt

(1) Table salt shall be edible salt free from visible impurities and containing one or more additives, drying or anti caking agent of food grade quality to impart free running properties to the material and which contains –

 (a) not less than 98 per cent sodium chloride on a moisture free basis;

 (b) not more than 0.2 per cent of matter insoluble in water, exclusive of additives; and

 (c) not more than one per cent moisture.

(2) Table salt may contain –

 (a) one permitted anti-caking agent the amount of which does not exceed the level specified in the third column of Forty-ninth Schedule; or

 (b) 2 or more permitted anti-caking agents the amount of each of which represents such a percentage of the respective level specified in the third column of the Forty-ninth Schedule that the sum of all percentages does not exceed one hundred.

112. Iodised salt

Iodised salt shall be edible salt which contains –

(a) not less than 98 per cent sodium chloride on a moisture free basis;

(b) not more than 0.2 per cent of matter insoluble in water;

(c) not more than one per cent moisture;

(d) added potassium iodate or potassium iodide, or both, complying with the standards of purity specified in the British Pharmacopeia; and

(e) not less than 15 p.p.m and not more than 25 p.p.m of iodine.

113. Conditions of sale of salt and labelling

(1) No person shall sell edible salt otherwise than in a pre-packed container.

(2) A container under paragraph (a) of this section shall bear a label which, in addition to the requirements of regulation 3, shall conspicuously indicate –

 (a) the net contents of the container by mass of 250 grammes, 500 grammes, onekilogramme or a multiple of one kilogramme;

 (b) that the salt is edible salt and shall further indicate whether it is refined salt, table salt or iodised salt; and

 (c) in the case of iodised salt, the presence of potassium iodate or potassium iodide or both.

114. Conditions of storage and sale of raw salt

(1) No person shall store, transport or sell raw salt, unless there is on its container a label which specifies in bold and conspicuous letters that it is intended for animal husbandry, agricultural use or processing.

(2) Raw salt shall only be transported or sold in containers of not less than 25 kilogrammes.

(3) No person shall, in a food premises, store, keep or introduce raw salt in any food or food preparation intended for sale for human consumption.

115. Authorisation from Permanent Secretary

(1) No person shall manufacture, produce, process or pack raw or edible salt without a written authorisation issued by the Permanent Secretary.

(2) The Permanent Secretary may impose such conditions as he may determine before granting an authorisation.

(3) The Permanent Secretary shall revoke an authorisation where the person has failed to comply with the conditions imposed in the written authorisation.

116. Salt for scientific research

(1) No person shall import salt intended for the purpose of scientific
research unless he has obtained a permit issued by the Permanent Secretary allowing him to do so.

(2) A person importing salt for scientific research shall ensure that it is labelled accordingly.

PART X – FOOD AERATOR

117. Prohibition

No person shall import, process, manufacture, pack, store, offer for sale or sell –

(a) cream of tartar;

(b) acid phosphate or phosphate aerator; or

(c) baking powder,

unless it complies with the standards specified in regulations 118, 119 and 120.

118. Cream of tartar

The cream of tartar shall contain not less than 99 per cent of acid tartrate, calculated as potassium hydrogen tartrate.

119. Acid phosphate

(1) The acid phosphate or phosphate aerator is any acid phosphate with or without starch or other wholesome farinaceous substance, and which can be used to replace cream of tartar in the preparation of a chemical leaven for baking purposes.

(2) The neutralising value of acid phosphate or phosphate aerator calculated as parts of sodium bicarbonate per 100 parts of powder shall not be less than 44.

120. Baking powder

Baking powder –

(a) shall be a mixture of sodium bicarbonate with cream of tartar, tartaric acid, acid phosphate or sodium aluminium phosphate or any combination of these without any farinaceous substance;

(b) shall yield not less than 10 per cent carbon dioxide; and

(c) may contain permitted colouring substance.

PART XI – CEREAL, GRAIN, PULSE, LEGUME, CEREAL PRODUCT,
STARCH AND BREAD

121. Definition of product

For the purposes of this Part –

"cereal product" includes flour, wholemeal flour, self-raising flour, oatmeal, maize meal, rice flour, ground rice, glutinous rice, semolina, pasta, breakfast cereal, white bread, wholemeal bread and bakery product;

"grain product" includes sago;

"tuber product" includes corn flour, tapioca flour, cassava flour and custard powder.

122. Prohibition

(1) No person shall import, manufacture, process, pack, store, offer for sale or sell any cereal, grain, pulse, legume, tuber, cereal product, grain product or tuber product, whether packaged or otherwise, which –

 (a) has been contaminated;

 (b) shows evidence of infestation by rodent or other pests;

 (c) contains any foreign matter;

 (d) has been exposed to high humidity; or

 (e) is mouldy.

(2) No person shall import, manufacture, process, pack, store, offer for sale or sell any cereal product, grain product and tuber product unless it complies with the standards for every such product as specified in regulations 123 to 140.

123. Flour

(1) Flour shall –

 (a) be the fine form of ground product derived from or separated during the milling of clean wheat; and

 (b) contain not more than 14 per cent moisture.

(2) Flour sold or used for the making of bread may contain one or more of the following acid ingredients as leavening agents –

 (a) sodium acid pyrophosphate with or without monoacid calcium phosphate;

 (b) monoacid calcium phosphate with or without dicalcium orthophosphate;

 (c) tartaric acid; or

 (d) ascorbic acid as a bread improver.

(3) Flour sold or used for the making of cake, pastry or biscuit may contain permitted preservative as specified in the Twelfth Schedule.

124. Wholemeal flour

(1) Wholemeal flour shall –

 (a) be the product obtained by milling sound, clean wheat;

 (b) contain all the constituents of such wheat; and

 (c) contain not more than 15 per cent moisture, and not less than 2.5 per cent crude fibre.

(2) Wholemeal flour shall not contain any additive except as otherwise
specified in the Twelfth Schedule.

125. Self-raising flour

(1) Self-raising flour shall –

 (a) be any flour or mixture of flours to which baking powder has been added; and

 (b) liberate not less than 0.40 per cent carbon dioxide.

(2) Where self-raising flour contains calcium sulphate as dough conditioner, the flour shall not contain more than 0.6 per cent calcium sulphate.

126. Oatmeal

Oatmeal shall –

(a) be the meal produced by grinding oats after removal of the husk;

(b) contain not less than 5 per cent fat; and

(c) contain not more than 2.5 per cent of meal derived from grain other than oats.

127. Maize meal

Maize meal shall –

(a) be the meal obtained by grinding maize;

(b) contain not less than 1.1 per cent nitrogen; and

(c) yield not more than 1.6 per cent ash on a moisture free basis.

128. Corn flour

Corn flour shall –

(a) be the starch powder derived from any variety of cereal grain; and

(b) yield not more than 0.8 per cent ash on a moisture free basis.

129. Tapioca or tapioca starch

(1) Tapioca or cassava is the tuber of the plant manihot utilissima.

(2) Tapioca flour or tapioca starch or cassava flour shall not yield more than 1.5 per cent ash.

130. Custard powder or créme anglaise

Custard powder or créme anglaise powder shall be the powder prepared from tapioca flour, corn flour or sago flour, with or without other food.

131. Rice flour or ground rice

Rice flour or ground rice shall –

(a) be the product obtained by grinding sound, clean rice; and

(b) not yield more than 1.5 per cent ash.

132. Glutinous rice and flour

(1) Glutinous rice shall be –

 (a) the grain of the plant oryza glutinosa; and

 (b) clean and sound grain from which the husk has been removed.

(2) Glutinous rice flour shall –

 (a) be the product obtained by grinding sound and clean glutinous rice; and

 (b) not yield more than 1.5 per cent ash.

133. Sago

Sago shall be the product derived from the pitch of the sagopalm.

134. Semolina

Semolina shall –

(a) be the product prepared from clean wheat by the process of grinding and bolting;

(b) have a natural ash content of not less than 0.48 per cent and not more than 0.80 per cent; and

(c) have a granularity which is appropriate for semolina.

135. Pasta

(1) "Pasta" means any product which is prepared by moulding, or drying units of dough or by steaming of slitted dough with or without drying.

(2) Pasta –

 (a) shall be comprised principally of a cereal meal;

 (b) may contain carbohydrate, egg solids, salt, edible oil and fats; or

 (c) may contain food conditioner as specified in the Fortieth Schedule.

(3) No pasta shall be labelled as containing egg unless the pasta has not less than 4 per cent of egg solids calculated on a moisture free basis.

(4) No person shall import, store, expose for sale or sell a package of pasta which is closed or sealed with a metal clip or similar device.

136. Breakfast cereal

Breakfast cereal –

(a) shall be the product obtained solely from or by a combination of, any cereal that is uncooked, partially cooked, cooked or prepared with sugar, malt, honey, salt or any other food; and

(b) may contain food conditioner as specified in the Fortieth Schedule.

137. Wheat germ

Wheat germ shall –

(a) be the germ or embryo of the wheat grain, together with the bran and other parts of the grain unavoidably remaining with the germ during extraction; and

(b) contain not less than 60 per cent of the germ or embryo of the wheat.

138. White bread

White bread –

(a) shall be the product obtained by baking a yeast leavened dough prepared from wheat flour and water;

(b) may contain permitted food conditioner as specified in the Fortieth Schedule;

(c) may contain propionic acid or its potassium, sodium or calcium salts as anti mould or anti rope agent; and

(d) shall have the following characteristics –

 (i) a moisture content of 35 per cent for loaves of 100 grammes to 500 grammes;

 (ii) a moisture content of 40 per cent for loaves of 1,000 grammes to 2,000 grammes;

 (iii) a moisture content of 30 per cent for bread commonly known as "baguette" and "flute"; and

 (iv) a pH range of 5.3 to 6.0 in relation to mass per volume in 10 per cent aqueous solution.

139. Wholemeal bread

Wholemeal bread –

(a) shall be the product obtained by baking dough composed of wholemeal wheat flour, yeast, edible salt and water;

(b) may contain caramel in or on it as a colouring substance;

(c) shall have the same moisture content as white bread in accordance with regulation 138; and

(d) shall contain not less than 1.8 per cent crude fibre on a moisture free basis.

140. Bakery product

(1) Bakery product –

 (a) shall be any product other than white bread or wholemeal bread;

 (b) may contain edible fat, milk or milk product, sugar, egg, salt, dried fruit, raisin, currant and sesame seed; and

 (c) may contain permitted food conditioner as provided in the Fortieth
Schedule.

(2) No person shall sell bread which is not white bread or wholemeal bread unless it is sold as a bakery product in an appropriate section or area conspicuously distinguished from any section or area where white bread or wholemeal bread is sold.

PART XII – TEA, COFFEE, CHICORY, COCOA, CHOCOLATE DRINK

141. Prohibition

No person shall import, manufacture, process, pack, store, expose for sale or sell any tea, coffee, chicory, cocoa or chocolate drink unless it complies with the standards specified in regulations 142 to 155.

142. Tea

Tea shall –

(a) be the product of steaming, drying or firing, or any combination of these, of fermented, semi-fermented or non-fermented leaves, buds and tender stems of one or more varieties of the plant camellia or thea;

(b) not yield more than 7 per cent of total ash of which at least one half shall be soluble in boiling water;

(c) yield not less than 30 per cent of water soluble extract;

(d) not contain spurious, decayed or mouldy leaves or stalks; and

(e) not contain any colouring substance.

143. Tea dust

Tea dust, tea fanning or tea sifting shall –

(a) be the dust, fanning or sifting of tea;

(b) not yield more than 5 per cent ash insoluble in boiling water;

(c) comply with the standard for tea in regulation 142.

144. Tea extract

Tea extract, instant tea or soluble tea shall –

(a) be a dried product made exclusively by the aqueous extraction of tea;

(b) not contain more than –

 (i) 15 per cent of total ash; and

 (ii) 6 per cent water;

(c) not contain less than –

 (i) 4 per cent caffeine; or

 (ii) 7 per cent tannin.

145. Scented tea

Scented tea shall be tea to which has been added one or more aromatic substance that is harmless and natural, including jasmine flowers and rose petals.

146. Coffee bean

Coffee bean shall be the raw or roasted seed of any species of the plant cofea.

147. Ground coffee

Coffee or ground coffee or coffee powder shall –

(a) be the pure roasted coffee bean that is ground or otherwise prepared so as to be suitable for making an infusion or decoction;

(b) be free from husk; and

(c) not contain any colouring matter.

148. Instant coffee

Instant coffee or soluble coffee shall –

(a) be the dried soluble solids obtained from water extraction of freshly roasted, pure coffee beans;

(b) be in the form of a free flowing granules or powder; and

(c) not contain any colouring matter.

149. Decaffeinated coffee

Decaffeinated coffee shall –

(a) be the coffee which contains not more than 0.1 per cent weight per volume of anhydrous caffeine; and

(b) not contain any colouring matter.

150. Coffee essence

Coffee essence shall –

(a) be the liquid extract of coffee, with or without the addition of glycerol or sugar or a combination of these;

(b) contain not less than 0.5 per cent weight per volume of anhydrous caffeine derived from coffee; and

(c) not contain any colouring matter.

151. Tea bag

The content of a tea bag shall conform to the standards prescribed for tea in regulations 142 to 145.

152. Chicory

(1) Chicory shall –

 (a) be the powder obtained by roasting and grinding the clean and dried root of the plant cichorium intybus;

 (b) contain –

  (i) not less than 3.5 per cent and not more than 10 per cent ash; and

  (ii) 2.5 per cent ash insoluble in dilute hydrochloric acid; and

 (c) contain not less than 50 per cent of water soluble extract.

(2) Where edible fat, edible oil or sugar is added to chicory, any one or combination of more than one of such edible fat, edible oil or sugar shall not exceed 2 per cent of the total volume of the powder.

153. Coffee and chicory

Coffee and chicory –

(a) shall be a mixture of coffee and chicory which shall contain not less than 50 per cent coffee; and

(b) shall contain 0.5 per cent of caffeine derived from coffee.

154. Cocoa or cocoa powder

Cocoa or cocoa powder or soluble cocoa –

(a) shall be the powdered product prepared from cocoa paste;

(b) shall, in its water free, fat free and alkaline free content, contain not more than –

 (i) 19 per cent of starch naturally present;

 (ii) 7 per cent crude fibre;

 (iii) 8 per cent total ash;

 (iv) 5.5 per cent of ash insoluble in water;

 (v) 0.4 per cent ferric oxide;

 (vi) 10.5 per cent of total alkalinity calculated as potassium carbonate; and

 (vii) 12.5 per cent ash;

(c) may contain flavouring substance and food conditioner as specified in the Thirty-ninth Schedule.

155. Chocolate and chocolate drink

(1) Milk chocolate shall –

 (a) be cocoa paste or soluble cocoa mixed with –

  (i) sugar;

  (ii) milk solids; and

  (iii) cocoa fat;

 (b) contain not less than –

  (i) 3.5 per cent milk fat;

  (ii) 25 per cent total fat;

  (iii) 10.5 per cent milk solids on a fat free basis;

  (iv) 2.5 per cent cocoa paste on a water free and fat free basis; and

  (v) 25 per cent total cocoa dried solids.

(2) "Milk Chocolate", "Full Cream Milk Chocolate" or "Dairy Milk Chocolate" –

 (a) shall contain not less than –

  (i) 5 per cent milk fat;

  (ii) 15 per cent milk solids on a fat free basis;

  (iii) 2.5 per cent of cocoa paste on a water free and fat free basis; and

  (iv) 20 per cent total cocoa dried solids.

 (b) may contain permitted flavouring substance listed in the Twenty-third Schedule; and

 (c) may contain permitted food conditioner as provided in the Thirty-ninth Schedule.

(3) White chocolate shall be a product which –

 (a) shall contain –

  (i) 20 per cent cocoa butter; and

  (ii) sugar;

 (b) may contain –

  (i) milk components;

  (ii) not more than 3.5 per cent milk fat;

  (iii) 14 per cent milk solids;

  (iv) 55 per cent sucrose;

  (v) vegetable fat other than cocoa butter; or

  (vi) permitted flavouring substance and permitted food conditioner, as specified in the Twenty-third and Thirty-ninth Schedules, respectively.

(4) White chocolate shall, in its water free, fat free and alkaline free content comply with regulation 154(b).

(5) A chocolate drink shall contain sugar and not less than 15 per cent of cocoa paste or soluble cocoa.

(6) The cocoa paste or soluble cocoa in a chocolate drink shall in its water free, fat free and alkaline free content comply with regulation 154(b).

PART XIII – SWEETENING SUBSTANCE

156. Prohibition

No person shall import, manufacture, process, pack, store, offer for sale or sell any sugar, glucose, honey or artificial sweetener or any food containing sugar, glucose, honey or artificial sweetener which does not comply with the standards specified in regulations 157 to 163.

157. Sugar

For the purposes of this Part –

"sugar" –

(a) means the food chemically known as sucrose; and

(b) includes white sugar, white sugar cube, brown sugar, icing sugar or
powdered sugar.

158. White sugar or white sugar cube

White sugar or white sugar cube –

(a) shall be sucrose or saccharose in a purified and crystallised form;

(b) shall contain not less than 99.7 per cent sucrose;

(c) shall yield not more than 0.04 per cent ash; and

(d) may contain sulphur dioxide as a permitted preservative at a maximum level of 70 milligramme per kilogramme.

159. Brown sugar

Brown sugar shall –

(a) be the clean, partially refined, granulated product prepared from sugar;

(b) contain not less than 90 per cent of sugar and invert sugar;

(c) not yield more than 3.5 per cent sulphated ash; and

(d) not contain more than 4.5 per cent water.

160. Icing sugar

Icing sugar or powdered sugar shall –

(a) be white sugar which has been finely pulverised;

(b) contain not less than 97 per cent sucrose;

(c) not yield more than 0.04 per cent ash;

(d) contain sulphur dioxide as a permitted preservative at a maximum level of 20 milligrammes per kilogramme; and

(e) contain permitted anti caking agent as specified in the Forty-fourth
Schedule.

161. Glucose

Glucose shall –

(a) be the solid product obtained by the hydrolysis of starch;

(b) contain not less than 70 per cent of reducing sugars calculated as dextrose anhydrous;

(c) not yield more than one per cent sulphated ash; and

(d) contain not more than 40 milligrammes per kilogramme of sulphur dioxide as a permitted preservative.

162. Honey

Honey shall –

(a) be the natural sweet substance produced by honey bees from the nectar of blossoms or from secretions of or on living parts of plants and stored in honey combs;

(b) contain not less than 65 per cent of reducing sugars calculated as invert sugar;

(c) not contain more than 21 per cent water and one per cent ash;

(d) have a sucrose content of not more than 10 per cent; and

(e) have an acidity of not more than 40 milli-equivalents acid per
1,000 grammes.

163. Artificial sweetener

(1) Artificial sweetening substance shall be any substance added to food for the purpose of sweetening.

(2) No person shall import, manufacture, store, offer for sale or sell any artificial sweetening substance or any food containing an artificial sweetening substance unless the substance is a permitted artificial sweetening substance, as specified in the Fiiftieth Schedule.

(3) No aspartame or saccharine shall be used as an artificial sweetener unless it complies with the requirements specified in respect of artificial sweetener as specified in the Fifty-first Schedule.

(4) No person shall import, manufacture, store, offer for sale or sell any package containing a food to which an artificial sweetener has been added unless, in compliance with regulation 3, the label on the package specifically mentions the words "THIS FOOD CONTAINS ....................................... AS ARTIFICIAL SWEETENER".

        (name of substance)

PART XIV – EGG AND EGG PRODUCT

164. Prohibition

No person shall import, store, offer for sale or sell egg, processed egg or food containing egg or processed egg unless it complies with the standard specified in the regulations 165 to 171.

165. Egg

(1) An egg shall be that of bird, including poultry and duck, in which no putrefaction and development of the embryo has begun, and which has not been incubated and whose shell shall be clean, not cracked or broken.

(2) Processed egg includes liquid egg, liquid egg yolk, liquid egg white, dried egg powder, dried egg yolk powder and dried egg white powder.

(3) A fresh egg is an egg which has not been subjected to any process of cooking or boiling.

166. Microbiological standard for egg

An egg shall be suitable for human consumption where a sample of not less
than 50 grammes of the egg, on being tested from suitable enrichment media,
has been found to be free from salmonella organisms and complies with the microbiological standard for specified food as specified in the Eighth Schedule.

167. Liquid egg

(1) Liquid egg shall be the whole egg removed from the shell and which shall be frozen or chilled.

(2) No person shall use in the manufacture of food or sell any liquid egg unless it has been pasteurised by being retained at a temperature not lower than 64 degrees celsius for not lower than 2.5 minutes and immediately cooled to a temperature not higher than 7 degrees celsius.

168. Liquid egg yolk

(1) Liquid egg yolk shall be the yolk of fresh eggs separated as completely as is practicable from the egg white.

(2) No person shall use in the manufacture of food or sell any liquid egg yolk unless it has been pasteurised by being retained at a temperature not lower than 60 degrees celsius for 3.5 minutes and immediately cooled to a temperature not higher than 7 degrees celsius.

169. Liquid egg white

(1) Liquid egg white shall be the white of fresh egg separated as completely as practicable from the yolk of the egg.

(2) No person shall use in the manufacture or sell any liquid egg white unless it has been pasteurised by being retained at a temperature not lower than 55 degrees celsius for at least 9.5 minutes, and immediately cooled to a temperature not higher than 7 degrees celsius.

170. Dried egg powder

Dried egg powder, dried egg yolk powder or dried egg white powder shall –

(a) be the product obtained by drying liquid egg, liquid egg yolk or liquid egg white, respectively; and

(b) contain not more than 5 per cent water.

171. Preserved egg

A preserved egg shall be an egg which has been preserved by the application of substances used for that purpose.

PART XV – SPECIAL PURPOSE FOOD

172. Interpretation

For the purposes of this Part –

"child" means any person aged between 12 months and 3 years;

"infant" means any person up to 12 months of age;

"special purpose food" means –

(a) infant formula;

(b) canned food for an infant or a child;

(c) cereal-based food for an infant or a child;

(d) low energy food;

(e) formula dietary food; or

(f) any other special purpose food approved by the Permanent Secretary.

173. Prohibition

(1) No person shall import, manufacture, process, pack, store, offer for sale or sell any special purpose food without the written approval of the Permanent Secretary.

(2) No person shall import, manufacture, process, pack, store, offer for sale or sell any special purpose food bearing a label with the words '˜sugarless', '˜sugar free' or any other word of similar import, where the special purpose food contains any carbohydrate.

174. Definition of infant formula

Infant formula shall be a substitute for human milk for the feeding of infant, but does not include unsweetened condensed milk or evaporated milk.

175. Specially processed infant formula

(1) No person shall modify an infant formula which has been specially processed or formulated to satisfy particular dietary requirements as a result of physical or physiological conditions of disease or disorder.

(2) Where an infant formula is intended for infants with special nutritional requirements, there shall be written in the label of such food the specific requirements for which that formula is to be used and the dietary property or properties attributed to such food.

(3) No person shall import, manufacture, process, pack, store, offer for sale or sell –

 (a) an infant formula which has been treated with ionising radiation; or

 (b) an infant formula containing an ingredient which has been treated with ionising radiation.

176. Infant formula and breast milk

No person shall –

(a) advertise or cause to be advertised any infant formula with any claim to the effect that the infant formula is superior to breast milk; and

(b) import, pack, store, offer for sale or sell any infant formula which bears a label claiming that the infant formula is superior to breast milk.

177. Special labelling requirements for infant formula

(1) No person shall import, manufacture, pack, store, offer for sale or sell any infant formula unless, in compliance with regulation 3, the label specifically mentions the following –

 (a) the method of preparing the food, including a statement of the quantity of food directed to be used in the preparation to be given to the infant;

 (b) a statement suggesting the quantity of the prepared food to be given at one time, and the frequency at which such quantity is to be given daily to the infant and such a statement shall be provided for each month of age up to 6 months;

 (c) any special storage instruction before and after the package has been opened;

 (d) the nature of the carbohydrate, if any, present in the infant formula;

 (e) the amount of energy expressed in kilocalorie or kilojoule;

 (f) the amount of protein, carbohydrate, fat, vitamin, and mineral contents per 100 grammes of the food; and

 (g) the date of expiry, to which special attention shall be drawn.

(2) No person shall import, manufacture, process, pack, store, offer for sale or sell an infant formula which does not include the nutrients specified in the first column of the Fifty-second Schedule and at the levels specified in the second and third columns of that Schedule.

(3) (a) No person shall import, manufacture, process, pack, store, offer for sale or sell an infant formula which contains food additive other than those specified in the first column of the Fifty-third Schedule.

(b) Where an infant formula contains a food additive specified in the first column of the Fifty-third Schedule, the additive shall be at the maximum level specified in the second column of that Schedule.

178. Definition of canned food for an infant and a child

Canned food for an infant or a child shall be any wholesome food or mixture of wholesome food that is sold for feeding an infant or a child, but does not include infant formula or cereal-based food for an infant or a child.

179. Standards for canned food for an infant and a child

(1) No person shall import, manufacture, process, pack, store, offer for sale or sell any canned food for an infant or a child in ready to eat form unless it complies with the standards specified in paragraph (2).

(2) Canned food for an infant or a child in ready to eat form –

 (a) shall be processed by heat so as to prevent spoilage, and packed in a hermetically sealed can, jar or other container;

 (b) shall be homogenous or comminuted in the following forms –

  (i) strained and containing small sized particles which does not require chewing before being swallowed; or

  (ii) non-strained and containing particles of a size that encourage chewing by infants or children; and

 (c) may contain sodium and the total sodium content of the product shall not exceed one gramme per kilogramme calculated on the ready to eat basis.

180. Special labelling requirements for canned food for an infant and a child

(1) No person shall import, manufacture, pack, store, offer for sale or sell any canned food for an infant or a child unless, in compliance with regulation 3, the label specifically mentions the following –

 (a) the words "STRAINED" or "NON-STRAINED", as the case may be, followed by the name of the food;

 (b) the words "NOT TO BE GIVEN TO INFANTS UNDER 4 MONTHS OF AGE";

 (c) the common name of the animal, vegetable or plant from which the ingredient contained in the canned food is derived and its proportion;

 (d) the name of the food additives used in the canned food;

 (e) the amount of energy expressed in kilocalories or kilojoules;

 (f) the amount of protein, fat, carbohydrate, vitamin and mineral content per 100 grammes of the food;

 (g) directions for preparation and use of the food;

 (h) instructions on storage before and after the package has been opened; and

 (i) the date of expiry, to which special attention shall be drawn.

(2) No person shall import, manufacture, process, pack, store, offer for sale or sell a canned food for an infant or a child which does not include the nutrients specified in the first column of the Fifty-fourth Schedule and at the levels specified in the second and third columns of that Schedule.

(3) (a) No person shall import, manufacture, process, pack, store, offer for sale or sell a canned food for an infant or a child which contains food additive other than those specified in the first column of the Fifty-fifth Schedule.

(b) Where a canned food for an infant or a child contains a food additive specified in the first column of the Fifty-fifth Schedule, the additive shall be at the maximum level specified in the second column of that Schedule.

181. Definition of cereal-based food for an infant or a child

Cereal-based food for an infant or a child shall be –

(a) food based on cereal, nut, legume, or any combination of these, with or without other wholesome food;

(b) dry cereal, nut or legume, or combination of these, and flour derived from them, cooked or uncooked, and so fragmented as to permit dilution with water or milk;

(c) rusk and biscuit prepared from cereal, nut or legume or a combination of these, and produced by a baking process and which may be consumed directly or with the addition of water or milk; or

(d) milk biscuit which is based on cereal, nut or legume, or a combination of these, and which may be consumed with milk.

182. Standards for cereal-based food for an infant or a child

(1) No person shall import, manufacture, process, pack, store, offer for sale or sell any cereal-based food for an infant or a child unless it complies with the standards specified in paragraph (2).

(2) (a) The total sodium content of cereal-based food for an infant or a child shall not exceed 1.5 gramme per kilogramme on a ready to eat basis.

(b) The minimum content of protein in cereal-based food for an infant or a child other than cereal-based food for infants and children to be taken with milk, shall not be less than 15 per cent on a water free basis, and the quality of the protein shall not be less than 70 per cent of that of casein.

(c) Where cereal-based food for infants and children is taken with milk, it shall contain not less than 6 per cent of protein on a ready to eat basis and the quality of the protein shall not be less than 70 per cent of that of casein.

(d) No cereal-based food for infants and children and no ingredients used in the manufacture of such food shall have been treated with ionising radiation.

183. Special labelling requirements for cereal-based food

(1) No person shall import, manufacture, pack, store, offer for sale or sell any cereal-based food for an infant or a child unless, in compliance with regulation 3, the label specifically mentions the following –

 (a) the words "NOT TO BE GIVEN TO AN INFANT UNDER 4 MONTHS
OF AGE";

 (b) the words "Cereal-based FOOD FOR AN INFANT OR A CHILD";

 (c) the common name of the cereal, and its proportion;

 (d) the form of the cereal-based food, including "cereal for an infant or a child", "rusk for an infant or a child", "biscuit" or "milk biscuit for an infant or a child";

 (e) the name of the food additive used;

 (f) the ingredients used and their respective proportions;

 (g) the amount of energy expressed in kilocalories and kilojoules;

 (h) the amount of protein, fat, carbohydrate, vitamin and mineral content per 100 grammes of the food;

 (i) directions for preparation and use of the food;

 (j) instructions on storage before and after the package has been opened; and

 (k) the date of expiry, to which special attention shall be drawn.

(2) No person shall import, manufacture, process, pack, store, offer for sale or sell a cereal-based food for an infant or a child which does not include the nutrients specified in the first column of the Fifty-fourth Schedule and at the levels specified in the second and third columns of that Schedule.

(3) (a) No person shall import, manufacture, process, pack, store, offer for sale or sell a cereal-based food for an infant or a child which contains food additive other than those specified in the first column of the Fifty-sixth Schedule.

(b) Where a cereal-based food for an infant or a child contains a food additive specified in the first column of the Fifty-sixth Schedule, the additive shall be at the maximum level specified in the second column of that Schedule.

184. Definition of low energy food

Low energy food –

(a) shall be a special food for persons requiring a restricted energy diet; but

(b) shall not have a total energy value exceeding that prescribed in Fifty-seventh Schedule in respect of that food.

185. Special labelling requirements for low energy food

No person shall import, manufacture, pack, store, offer for sale or sell any low energy food for an infant or a child unless, in compliance with regulation 3, the label specifically mentions the following –

(a) the words "LOW ENERGY FOOD";

(b) the total weight and separate percentages of carbohydrates, protein and fat in the package;

(c) the total energy value of the food in the package, or in each 100 grammes of the food, or where the food is in liquid form, in each 100 millilitres;

(d) the details of the claim on which special suitability is based;

(e) an indication that the use of such low energy foods requires medical advice or supervision or as recommended by a dietician; and

(f) the date of expiry, to which special attention shall be drawn.

186. Definition of formula dietary food

Formula dietary food –

(a) shall be food that is sold for consumption by an invalid or a person requiring a special diet but does not include bread or flour; and

(b) shall be food sold, under medical advice, medical supervision or as recommended by a dietician, for consumption by a person suffering from a specific physical or physiological condition.

187. Special labelling requirements for formula dietary food

No person shall import, manufacture, process, pack, store, offer for sale or sell any formula dietary food unless, in compliance with regulation 3, the label specifically mentions the following –

(a) the words "FORMULA DIETARY FOOD";

(b) a statement of the quantity of the food to be consumed in one day;

(c) a statement of the energy yield, expressed in kilocalorie or kilojoule, of that quantity of the food;

(d) the proportion of protein, fat, and carbohydrate in the food; and

(e) an indication that the use of such formula dietary food requires medical advice, medical supervision or as recommended by a dietician.

188. Dietary food

No person shall import, manufacture, process, pack, store or offer for sale or sell food as –

(a) reduced calorie food unless the calorie content of that food is one-third lower than the calorie content that the food normally has; and

(b) dietary product, unless it complies with the requirements for low energy food and reduced calorie food.

189. Special labelling requirements for dietary product

No person shall import, manufacture, process, pack, store or offer for sale or sell any dietary product unless, in compliance with regulation 3 –

(a) there is on the label, the details of the claim on which special suitability is based; and

(b) the label does not make any claim associated with maintaining or reducing body weight.

PART XVI – EDIBLE OIL OR FAT

190. Definition

(1) Edible oil includes –

 (a) soya bean oil;

 (b) peanut oil;

 (c) cotton seed oil;

 (d) sunflower oil;

 (e) rapeseed oil;

 (f) maize or corn oil;

 (g) sesame oil

 (h) olive oil;

 (i) mustard oil;

 (j) low erucic rapeseed oil;

 (k) refined coconut oil;

 (l) edible palm oil;

 (m) palm olein;

 (n) edible safflower oil; and

 (o) cardamon oil.

(2) Edible fat includes –

 (a) margarine;

 (b) vanaspati;

 (c) dripping;

 (d) suet;

 (e) lard;

 (f) shortening; and

 (g) ghee or butter oil.

191. Prohibition

No person shall import, manufacture, process, pack, store, offer for sale and sell edible oil or fat unless it complies with the standards specified in regulations 192 to 206.

192. Edible oil or fat

Edible oil or fat shall –

(a) be composed of triglycerides derived from fatty acids of vegetable or animal origin;

(b) be free from rancidity and decomposition;

(c) not be adulterated;

(d) not contain any mineral oil; and

(e) not contain non-food grade fat or oil.

193. Special labelling requirements for edible oil or fat

No person shall import, manufacture, process, pack, store or offer for sale or sell edible oil or fat unless as specified in regulation 3, the label –

(a) mentions the words "COOKING OIL" or "BLENDED COOKING OIL";

(b) bears the appropriate terminology for the following quantitative standards –

(i) CHOLESTEROL FREE –

less than 2 milligrammes of cholesterol per 100 grammes of oil or fat and not less than 45 per cent unsaturated fat;
not more than 25 per cent saturated fat; and

(ii) LOW CHOLESTEROL –

less than 20 milligrammes of cholesterol per 100 grammes of oil or fat

194. Soya bean oil

(1) Soya bean oil shall be the edible oil obtained from bean of the plant glycine max.

(2) Soya bean oil shall have the following characteristics –

 (a) a density at 20 degrees celsius, relative to the density of water at 20 degrees celsius, ranging from 0.919 to 0.925;

 (b) a refractive index, at 40 degrees celsius, ranging from 1.466 to 1.470;

 (c) a saponification value ranging from 189 to 195 milligrammes of potassium hydroxide per gramme of oil;

 (d) an iodine value (Wij's) ranging from 120 to 143;

 (e) a

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