FOOD CONTROL: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Food Control (Food Safety Alerts and Food Recall Procedures) Regulations
Food Control (Inspections and Investigations of Food at Food Premises) Regulations
Food Control (Maximum Levels of Aflatoxins in Food) Regulations
Food Control (Maximum Levels of Melamine in Food) Regulations
Labelling of Food Additives Regulations
Labelling of Prepackaged Foods Regulations
Marketing of Foods for Infants and Young Children Regulations
“>LABELLING OF PREPACKAGED FOODS REGULATIONS
(section 13(1))
(11th April, 2003)
ARRANGEMENT OF REGULATIONS
REGULATION
PART I
Preliminary
1. Citation
2. Interpretation
3. Application
4. General principles
PART II
Mandatory labelling requirements
5. Information on label of prepackaged foods
6. Name of the food
7. List of ingredients
8. Net contents and drained mass
9. Name and address of manufacturer, etc.
10. Country of origin
11. Lot identification
12. Date marking and storage instructions
13. Instructions for use
14. Quantitative labelling of ingredients
15. Bulk stock
16. Exemption from mandatory labelling requirements
17. Optional labelling
18. Grade designations
PART III
Presentation of mandatory information
19. Presentation of information
20. Language
21. Size of lettering
22. Exemptions
23. Offences and penalties
First Schedule
Second Schedule
S.I. 83, 2002,
S.I. 15, 2003.
PART I
Preliminary (regs 1-4)
These Regulations may be cited as the Labelling of Prepackaged Foods Regulations.
In these Regulations, unless the context otherwise requires—
“Act” means the Food Control Act (Cap. 65:05);
“address” means a business address in Botswana and includes the number of the plot, name of street or road and the name of the city, town or village, and in the case of imported food, address means the address of the manufacturer or supplier or importer thereof;
“best before date” means the date which signifies the end of the period under any stated storage conditions during which the product will remain fully marketable and will retain any specific qualities for which tacit or express claims have been made;
“claim” means any representation which states, suggests or implies that a food has particular qualities relating to its origin, nutritional properties, nature, processing, composition or any other quality;
“compound ingredient” means an ingredient which is itself composed of two or more ingredients;
“container” means—
(a) any package of food for delivery as a single item, which completely or partially encloses the food, and includes wrappers; or
(b) several units or types of packages of food when such units or packages are offered to the consumer;
“expiry date” (use-by date) means the date which signifies the end of the estimated period under any stated storage conditions, after which the product is unlikely to have quality attributes normally expected by the consumers, and after which date, the food should not be regarded as marketable;
“food additive” means any substance not normally consumed as a food by itself and not normally used as a typical ingredient of the food, whether or not it has nutritive value, the intentional addition of which to food for a technological (including organoleptic) purpose in the manufacture, processing, preparation, treatment, packing and packaging, transport or holding of such food, results, or may be reasonably expected to result, (directly or indirectly) in it or its by-products becoming a component of, or otherwise affecting the characteristics of, such foods, but the term does not include contaminants or substances added to food for maintaining or improving nutritional qualities;
“food for catering purposes” means those foods for use in restaurants, canteens, schools, hospitals and similar institutions where food is offered for immediate consumption;
“ingredient” means any substance including a food additive, used in the manufacture or preparation of food and present in the final product although possibly in a modified form;
“label” means any tag, brand, mark, pictorial or other descriptive matter, written, printed, stencilled, marked, embossed, or impressed on, or attached to or included in, belonging to, or accompanying any food, or any package containing food;
“lot” means the definitive quality of a commodity produced essentially under the same conditions;
“prepackaged” means packaged or made up in advance in a container ready for offer to the consumer or for catering purposes;
“processing aid” means a substance or material not including apparatus or utensils and not consumed as a food ingredient by itself, intentionally used in the processing of raw materials, foods or its ingredients to fulfil a certain technological purpose during treatment or processing and which may result in the non-intentional but unavoidable presence of residues or derivatives in the final product; and
“sell-by date” means the last date of offer for sale to the consumer after which there remains a reasonable storage period in the home.
These Regulations apply to prepackaged food imported into, sold, distributed or manufactured in Botswana.
(1) No person shall—
(a) import, distribute, sell or offer for sale prepackaged food unless it is labelled in accordance with the provisions of these Regulations;
(b) import, distribute, sell or offer for sale, any food—
(i) whose expiry date has lapsed,
(ii) whose expiry date, best before date, or sell by date has been obliterated or forged, or
(iii) whose label has been altered, obliterated or removed;
(c) describe or present prepackaged food on any label or in a labelling manner which is false, misleading, deceptive or is likely to create an erroneous impression regarding its character in any respect; or
(d) describe or present prepackaged food on any label or in any labelling by words, pictorial or other devices which refer to or are suggestive either directly or indirectly, of any other product which such food might be confused with, or in such a manner as to lead the purchaser or consumer to suppose that the food is connected with such other product.
(2) Where a claim is made that a food is suitable or has been specially made for fulfilling a particular nutritional requirement, that claim shall comply with nutritional labelling regulations.
PART II
Mandatory labelling requirements (regs 5-18)
5. Information on label of prepackaged goods
Except to the extent otherwise provided in other regulations published under the Act, the following information shall appear on the label of prepackaged food as applicable to the food being labelled—
(a) the name of the food;
(b) the list of ingredients in it;
(c) the net contents and drained mass;
(d) the name and address of the manufacturer, packer, distributor, importer, exporter or supplier;
(e) the country of origin of the food;
(f) lot identification;
(g) date marking and storage instructions;
(h) the instructions for use;
(i) quantitative labelling of ingredients in accordance with regulation 14; and
(j) where the Government has established grades for a particular food product, the grade designation.
(1) The name of prepackaged food shall be declared on the label, shall indicate the true nature of the food and shall be specific and not generic in accordance with these Regulations.
(2) Where a name has been established for a food in regulations published under the Act, that name shall be used.
(3) In the absence of a specific name for the food, a common or usual name, existing by common usage as an appropriate descriptive term which shall not be misleading or confusing to the consumer shall be used.
(4) There shall appear on the label, either in conjunction with or in close proximity to, the name of the food, such additional words or phrases as are necessary to avoid misleading or confusing the consumer in regard to the true nature and physical condition of the food including, but not limited to the type of packaging medium, style and the condition or type of treatment it has undergone, for example whether it is dried, concentrated, reconstituted or smoked.
(5) A coined, fanciful, brand name, or trade mark may be used on the label of any food provided that it accompanies one of the names provided in subregulations (1), (2) and (3).
(1) Except for single ingredient foods, a list of ingredients shall be declared on a label placed on any food.
(2) The list of ingredients shall be headed or preceded by an appropriate title which consists of or includes the term ingredient.
(3) All ingredients in any food shall be listed in descending order of ongoing proportion by mass at the time of manufacture of the food.
(4) Where an ingredient is itself the product of two or more ingredients, the compound ingredient shall be declared as such in the list of ingredients in the food and shall be accompanied by a list in brackets of its ingredients in descending order of proportion by mass.
(5) Water added to any food shall be declared in the list of ingredients except where the water forms part of an ingredient, such as brine, syrup or broth, used in any compound food and declared as such in the list of ingredients.
(6) Water or other volatile ingredients evaporated in the course of the manufacture of food need not be declared.
(7) In the case of dehydrated or condensed foods which are intended to be reconstituted by the addition of water only, the ingredients may be listed in order of proportion by mass in the reconstituted product when prepared in accordance with the directions on the label.
(8) A specific name shall be used for ingredients in the list of ingredients in accordance with the provisions set out in regulation 6 except that—
(a) the class names used for ingredients shown in the First Schedule, may be used for the ingredient falling within the classes therein;
(b) notwithstanding paragraph (a), pork fat, lard and beef shall always be declared by their specific names;
(c) in the case of food additives falling in the respective classes and appearing in lists of food additives permitted for use in foods generally, the following class titles shall be used together with the specific name or recognised numerical identification—
(i) acidity regulator,
(ii) acids,
(iii) anti-caking agent,
(iv) anti-foaming agent,
(v) antioxidant,
(vi) bulking agent,
(vii) colour,
(viii) colour retention agent,
(ix) emulsifier,
(x) emulsifying salt,
(xi) firming agent,
(xii) flour treatment agent,
(xiii) flavour enhancer,
(xiv) foaming agent,
(xv) gelling agent,
(xvi) glazing agent,
(xvii) humectants,
(xviii) preservative,
(xix) propellant,
(xx) raising agent,
(xxi) stabiliser,
(xxii) sweetener, and
(xxiii) thickener;
(d) the following class titles of food additives may be used for food additives following in the representative classes of food additives and appearing in lists of food additives permitted generally for use in foods—
(i) flavours and flavourings, and
(ii) modified starches; and
(e) the expression “flavours” may be qualified by “natural”, “nature identical”, or “artificial”.
(9) A food additive that is carried over from raw materials into food in a quantity sufficient to perform a technological function in that food when it is used, shall be included in the listed ingredients.
(10) A food additive or a processing aid that is carried over from raw materials into food in a quantity not sufficient to perform a technological function in that food when it is used is exempt from declaration in the list of ingredients.
(11) The following foods and ingredients which are known to cause hypersensitivity to certain individuals, shall always be declared—
(a) cereals containing gluten i.e. wheat, rye, barley, oats, or their hybridised strains and products;
(b) crustacea and crustacea products;
(c) eggs and egg products;
(d) fish and fish products;
(e) peanuts and peanut products, soy beans and soy bean products;
(f) milk and milk products including lactose;
(g) tree nuts and nut products; and
(h) sulphite in concentrations of 10mg/kg or more.
8. Net contents and drained mass
(1) The net contents of food shall be declared in the metric system or International System of units (hereinafter referred to as S.I. units) and in the following manner—
(a) for liquid food, by volume or mass;
(b) for solid food, by mass; and
(c) for semi-solid or viscous food, either by mass or volume.
(2) Food packed in a liquid medium shall carry a declaration in the metric system or SI units of the drained mass of the food.
(3) For the purposes of this regulation, liquid medium means water, aqueous solutions of sugar or salt, fruit or vegetable juices in canned fruit or canned vegetables only, or vinegar.
9. Name and address of manufacturer, etc.
The name and address of the manufacturer, packer distributor, importer, exporter or supplier of any food shall be declared on the label.
(1) The country of origin of prepackaged food shall be declared on the label.
(2) Where a food undergoes processing which changes it in nature, in a country where the initial stages of its manufacture or production did not take place, the country in which such processing is performed shall be regarded as the country of origin for the purposes of labelling:
Provided that—
(a) at least 25% of the production costs of the food is represented by materials and labour performed in that country; and
(b) the last process in the production or manufacture of the food has taken place in that country.
Each container shall be embossed or otherwise permanently marked in code or in clear print to identify the producing factory and the lot of the prepackaged food.
12. Date marking and storage instructions
(1) Where it is not otherwise provided for in other regulations published under the Act, any of the following date markings shall apply—
(a) “best before”;
(b) “sell by”; or
(c) “use by”, “expiry”, or “exp”.
(2) The words referred to in subregulation (1)(a), (b) and (c) shall be accompanied by either the—
(a) best before date, sell by date or expiry date, as the case may be; or
(b) a reference to where the date is given on the label of the prepackaged food.
(3) The best before date, sell by date or expiry date, as the case may be, shall consist of at least the following information—
(a) for food with a shelf life of not more than three months, the day, month and year; and
(b) for food with a shelf life of more than three months, the month and year; and where the applicable month is December, it shall be sufficient to indicate the year.
(4) The best before date, sell by date or expiry date, as the case may be, shall be declared in encoded numerical sequence except that the month may be shown after the day in words by the first 3 letters of the month.
(5) The expiry date shall be treated as the date after which food shall not be regarded as marketable or fit for human consumption.
(6) Notwithstanding the provisions of this regulation, date marking shall not be required for—
(a) fresh fruit and vegetables, including potatoes, which have not been peeled or similarly treated;
(b) wines;
(c) beverages containing 10% or more by volume, of alcohol;
(d) bakers or pastry-cooks wares which, given the nature of their content, are normally consumed within 24 hours of their manufacture;
(e) vinegar;
(f) food grade salt;
(g) solid sugars;
(h) confectionary products consisting of flavours or coloured sugars; or
(i) chewing gum.
(7) In addition to the date marking, any special conditions for the storage of food shall be declared on the label if the validity of the date depends thereon.
Instructions for use, including reconstitution, where applicable, shall be included on the label to ensure correct utilisation of food.
14. Quantitative labelling of ingredients
(1) Where the labelling of a food places special emphasis on the presence of one or more valuable or characterising ingredients, the percentage of the ingredient by mass in the final product shall be declared.
(2) Where the labelling of food places special emphasis on the low content of one or more ingredients, the percentage of the ingredient by mass in the final product shall be declared.
(3) A reference in the name of a food to a particular ingredient shall not of itself constitute the placing of special emphasis.
(4) A reference in the labelling of food to an ingredient used in a small quantity and only as a flavouring shall not of itself constitute the placing of special emphasis.
(1) Where food is sold from bulk stock, the bulk stock container shall be labelled in accordance with the requirements for individually labelled food, and the lettering shall be legible and placed conspicuously on the container.
(2) Subregulation (1) shall not apply where the contents of the bulk container are individually packed and labelled in accordance with the requirements for individually labelled food.
16. Exemption from mandatory labelling requirements
With the exception of spices and herbs, small packaged units where the largest surface area is less than 10 cm2″/> shall be exempt from the requirements of regulations 7, 11 and 13.
Any information, pictorial device or written, printed or graphic matter, may be displayed on the labelling provided that it is not in conflict with the requirements stated under regulation 4.
Where grade designations are used, they shall be readily understandable and shall not be misleading or deceptive in any way.
PART III
Presentation of Mandatory Information (regs 19-23)
19. Presentation of information
(1) Labels on prepackaged foods shall be applied so as not to allow them to become easily separated from the container.
(2) Statements required to appear on the label by virtue of these Regulations or any other regulations shall be—
(a) conspicuous;
(b) indelible; and
(c) legible.
(3) Where the container is covered by a wrapper, the wrapper shall carry the necessary information of the label on the container which shall be readily legible through the outer wrapper.
(4) The name and net contents of the food shall appear in a prominent position on the label and shall be conspicuously printed on the label and in the same field of vision.
(1) The information required to appear on a label shall be in English or Setswana.
(2) Where the language on the original label on prepackaged food does not include English or Setswana, a supplementary label containing the mandatory information in English or Setswana shall be used instead of relabelling the food.
(3) In the case of either re-labelling or supplementary labelling of prepackaged food, the mandatory information provided shall fully and accurately reflect that of the original label.
(1) The name of the prepackaged food shall appear on the main panel of the label in letters not less than 4mm in height, but in the case of soft drinks in returnable bottles with embossed labels the name may be on the cap in letters not less than 1.5mm in height.
(2) Special storage conditions where applicable shall be printed in letters not less than 3mm in height.
(3) The information required to appear on a label in terms of the Act shall be in letters not less than 1mm in height;
(4) The size of lettering prescribed in subregulation (1) shall apply to packages of which the main panel of the package exceeds an area of 12000mm2.
(5) Where the area of the main panel of the label on prepackaged food does not exceed an area indicated under column I of the Second Schedule but exceeds the next smaller area listed under the column, the information on the package may be reflected in letters with a height of not less than the proportion indicated in the corresponding line of column II of the Second Schedule, but the minimum height to which the letters may be reduced shall be 0.75mm.
(6) Words which qualify the name of any food or are an essential part of the description of the food shall be reflected in immediate proximity to the name and in prominent letters not less than one third of the size of the name of that food.
(7) Prescribed listing of ingredients and proportions of ingredients in any food shall be printed in uniform size and prominently displayed on the package but the initial letter of a word may be larger than the rest of the letters of the word.
Notwithstanding anything contained in these Regulations, the Minister may, by notice in writing, exempt any person from compliance with any provision of these Regulations.
(1) A person who imports, distributes, sells, offers for sale or otherwise supplies food contrary to the provisions of these Regulations commits an offence and is liable—
(a) for a first offence, to a fine of P1 000 and to imprisonment for 3 months, and where the offence is a continuing offence, to an additional fine of P500 and imprisonment for one month for each day that the offence continues; and
(b) for a second or subsequent offence, to a fine of, P5000 and to imprisonment for 6 months, and where the offence is a continuing offence, to an additional fine of P2 000 and imprisonment for two months for each day on which the offence continues.
(2) Upon the conviction of any person for an offence under these Regulations, the court may, in addition to any other penalty which it may lawfully impose, cancel or suspend any licence issued to such person which is relevant to the offence committed.
FIRST SCHEDULE
CLASS NAMES TO BE USED FOR INGREDIENTS
(regulation 1(8)(a))
|
Name of classes |
Class Names Used |
|
Refined oils other than olive |
“Oil” together with either the term “vegetable” or “animal”, qualified by the term “hydrogenated” or “partially hydrogenated”, as appropriate |
|
Refined fats |
“Fat” together with either the term “vegetable” or “animal”, as appropriate |
|
Starches, other than chemically modified starches |
“Starch” |
|
All species of fish where the fish constitutes an ingredient of another food and provided that the labelling and presentation of such food does not refer to a species of fish |
“Fish” |
|
All types of poultry meat where such meat constitutes an ingredient of another food and provided that the labelling and presentation of such a food does not refer to a specific type of poultry meat |
“Poultry meat” |
|
All types of cheese where the cheese or mixture of cheeses constitutes an ingredient of another food and provided that the labelling and presentation of such a food does not refer to a specific type of cheese |
“Cheese” |
|
All spices and spice extract not exceeding 2% by mass either singly or in combination in the food |
“Spice” or “mixed spices”, as appropriate |
|
All herbs or part of herbs not exceeding 2% by weight either singly or in combination in the food |
“Herbs” or “mixed herbs”, as appropriate |
|
All types of gum preparations used in the manufacture of gum base for chewing gum |
“Gum base” |
|
All types of sucrose |
“Sugar” |
|
Anhydrous dextrose and dextrose monohydrate |
“Dextrose” or “glucose” |
|
All types of caseinate |
“Caseinates” |
|
Press, expeller, or refined cocoa butter |
“Cocoa butter” |
|
All crystallised fruit not exceeding 10% mass of the food |
“Crystallised fruit” |
SECOND SCHEDULE
SIZE OF LETTERING APPEARING ON THE LABEL OF PREPACKAGED FOOD
(regulation 21(5))
|
I |
II |
|
12 000 |
85 |
|
8 000 |
70 |
|
5 000 |
50 |
|
3 000 |
25 |
“>FOOD CONTROL (MAXIMUM LEVELS OF AFLATOXINS IN FOOD) REGULATIONS
(section 13)
(8th April, 2011)
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation
2. Interpretation
3. Maximum levels of aflatoxins in food
4. Sampling
5. Penalties
S.I. 33, 2011.
These regulations may be cited as the Food Control (Maximum Levels of Aflatoxins in Food) Regulations.
In these Regulations, unless the context otherwise requires—
“aflatoxins” means a group of toxic compounds produced by certain moulds that contaminate stored food supplies such as grains, animal feed and peanuts; and
“further processing” means processing of raw shelled peanuts intended for direct human consumption.
3. Maximum levels of aflatoxins in food
(1) All foods ready for human consumption shall not contain more than 10 micrograms per kilogram of aflatoxin, of which aflatoxin B1 shall not be more than 5 micrograms per kilogram.
(2) Notwithstanding the provisions of subregulation (1), peanuts intended for further processing shall not contain more than 15 micrograms per kilogram of aflatoxin.
(3) Milk shall not contain more than 0.05 micrograms per litre of aflatoxin M1.
The sampling plan for the analysis of total aflatoxins in foods to be used for enforcement and control in terms of these Regulations shall be in accordance with the provisions laid down by the joint Food and Agricultural Organisation or World Health Organisation and Food Standards Programme’s Codex Alimentarius Commission.
(1) A person who produces, sells, distributes, markets, imports or exports any food which contains aflatoxins above the maximum levels prescribed by these Regulations commits an offence and is liable—
(a) for a first offence, to a fine not exceeding P1 000 or to imprisonment for a term not exceeding three months, and where the offence is a continuing offence, to an additional fine not exceeding P500 or imprisonment for a term not exceeding one month for each day on which the offence continues; and
(b) for a second or subsequent offence, to a fine not exceeding P5 000 or to imprisonment for a term not exceeding six months, and where the offence is a continuing offence, to an additional fine not exceeding P2 000 or imprisonment for a term not exceeding two months for each day on which the offence continues.
(2) Notwithstanding the provisions of subregulation (1), the Board may recommend to the Minister, any other action to be taken against any manufacturer, distributor, health worker or other persons who contravenes the provisions of these Regulations.
(3) Where a person has been convicted of an offence under these Regulations, the court may cancel, or suspend any licence issued to that person which is relevant to the offence committed.
(4) Where a person has been convicted of an offence under these Regulations, the court may order that any article relevant to the offence be forfeited and that it be destroyed or otherwise disposed of, as the court deems fit.
“>LABELLING OF FOOD ADDITIVES REGULATIONS
(under section 13(1))
(11th April, 2003)
ARRANGEMENT OF REGULATIONS
REGULATION
PART I
Preliminary
1. Citation
2. Interpretation
3. Application
4. General Principles
PART II
Labelling requirements of prepackaged food additives
5. Information on label
6. Name of food additive
7. List of ingredients
8. Net contents of food additives
9. Name and address of manufacturer, etc
10. Country of origin
11. Lot identification
12. Date marking of food additives
13. Instructions on keeping and use
PART III
Presentation of mandatory information
14. Presentation of information
15. Language
16. Optional labelling
17. Exemptions
18. Offences and penalties
S.I. 83/2002,
S.I. 84, 2002,
S.I. 16, 2003.
PART I
Preliminary (regs 1-4)
These Regulations may be cited as the Labelling of Food Additives Regulations and shall come into effect on 11th April, 2003.
In these Regulations, unless the context otherwise requires—
“Act” means the Food Control Act (Cap. 65:05);
“container” means any form of packaging of food additives for sale as a single item, whether by completely or partially enclosing the food additives, and includes wrappers;
“contaminant” means any substance not intentionally added to food, which is present in such food as a result of the production (including operations carried out in the crop husbandry, animal husbandry and veterinary medicine), manufacture, processing, preparation, treatment, packing, packaging, transportation or holding of such food or as a result of environmental contamination;
“food additive” means any substance not normally consumed as food by itself and not normally used as a typical ingredient of the food, whether or not it has nutritive value, the intentional addition of which to food is for a technological, including organoleptic, purpose in the manufacture, processing, preparation, treatment, packing, packaging, transportation or holding of such food results, or may be reasonably expected to result, (directly or indirectly) in it or to its by-products becoming a component of or otherwise affecting the characteristics of such foods, but does not include contaminants, or substances added to food for maintaining or improving nutritional qualities;
“ingredient” means any substance, excluding a food additive, used in the manufacture or preparation of a food and present in the final product;
“label” includes any tag, brand, mark, pictorial or other descriptive matter, written, painted, stencilled, marked, embossed or impressed on, or attached to, or included in, or belonging to, or accompanying any food, or any package containing food;
“lot” means the definitive quality of a commodity produced essentially under the same conditions;
“processing aid” means a substance or material not including apparatus or utensils and not consumed as a food ingredient by itself, intentionally used in the processing of raw materials, foods or its ingredients to fulfill a certain technological purpose during treatment or processing and which may result in the non-intentional but inevitable presence of residues or derivatives in the final product; and
“sale by retail” means any sale to a person buying otherwise than for the purpose of resale but does not include a sale to caterers for the purpose of their catering business or a sale to manufacturers for the purpose of their manufacturing business.
(1) These Regulations apply to the labelling of food additives sold as such whether by retail or other than by retail, including sales to caterers and food manufacturers for the purposes of their business.
(2) These Regulations shall also apply to food processing aids and any reference to food additives shall include food processing aids.
(1) Food additives shall not be described or presented on any label or in a labelling manner which is false, misleading or is likely to create an erroneous impression regarding their character in any respect.
(2) Food additives shall not be described or presented on a label or in any labelling by words, pictorial or other devices which refer to or are suggestive, either directly or indirectly, of any product with which such food additives might be confused, or in such a manner as to lead the consumer to suppose that the food additive is connected with or derived from such other product, but the term “x flavour” may be used to describe a flavour which is not derived from, but reproduces the flavour “x”.
PART II
Information on label of prepackaged food additives (regs 5-13)
Except to the extent otherwise provided in other regulations published under the Act, the following shall appear on the label of prepackaged food additives as applicable to the food additive being labelled—
(a) the name of the food additive;
(b) the list of ingredients in the food additive;
(c) the net contents;
(d) the name and address of the manufacturer, packer, distributor, importer, exporter or supplier thereof;
(e) the country of origin of the food additive;
(f) the lot identification;
(g) date marking and storage instructions; and
(h) instructions for the use thereof.
(1) The name of each food additive present in any food shall be provided indicating the true nature of the food additive, and shall be specific and not generic in accordance with these Regulations.
(2) Where a name has been established for a food additive in regulations published under the Act, that name shall be used in relation to the food additive.
(3) In the absence of a specific name for the food additive, either a common or usual name, existing by common usage as an appropriate descriptive term which is not misleading to the consumer, shall be used in relation to the food additive.
(4) Where two or more food additives are present, their names shall be listed in order of the proportion by mass which each food additive bears to the total contents of the container, with the food additive present in the greatest proportion by mass being at the top of the list.
(5) In the case of mixtures of flavouring, the name of each flavouring present in the mixture need not be given, but the generic expression flavour or flavouring may be used together with a true indication of the nature of the flavour.
(6) Except in relation to flavour modifiers, but inclusive of herbs and spices, the generic expression flavour or flavouring may be qualified by the words natural, nature identical or artificial.
Ingredients of food additives shall be declared in the list of ingredients in descending order of their proportion by weight to the total contents of the container, with the ingredients contained in the greatest proportion appearing at the top of the list.
8. Net contents of food additives
The net contents of food additives shall be declared in the metric system or SI units and shall be in the following manner—
(a) for liquid additives, by volume or mass;
(b) for solid food additives, other than those sold in tablet form, by mass;
(c) for semi-solid or viscous food additives, either by mass or volume; and
(d) for food additives sold in tablet form, by mass together with the number of tablets in the package.
9. Name and address of manufacturer, etc.
The name and address of the manufacturer, packer, distributor, importer, exporter or supplier of the food additive shall be declared on the label.
(1) The country of origin of a food additive shall be declared on the label.
(2) Where a food additive undergoes processing in a second country which changes it in nature, the country in which the processing is performed shall be regarded as the country of origin for the purposes of labelling, provided that—
(a) at least 25% of the production costs of the food additive is represented by materials and labour performed in that country; and
(b) the last process in the production or manufacture of the food additive is represented by materials and labour performed in that country.
Each container of food additives shall be embossed or otherwise permanently marked in code or in clear print to identify the producing factory and the lot of the food additives.
12. Date marking of food additives
The labels of prepackaged food additives shall have a best before, sell by or expiry date marked on them in accordance with regulation 12 of the Labelling of Prepackaged Foods Regulations.
13. Instructions on keeping and using
(1) The words for food use or a statement substantially similar thereto shall appear in a prominent position on the label.
(2) Adequate information shall be given about the manner in which a food additive is to be kept and is to be used in food.
PART III
Presentation of mandatory information (regs 14-18)
14. Presentation of information
(1) Statements required to appear on the label of prepackaged food additives by virtue of these Regulations or any other regulations, shall appear so in a clear and prominent manner such that they are readily legible to the consumer.
(2) Information which is required to appear on the label of prepackaged food additives shall not be obscured by designs or by other written, printed or graphic matter and shall be on contrasting ground to that of the background.
(3) The letters in the name of the food additive shall be in a size reasonably related to the most prominent printed matter on the label.
(4) Where a container of food additives is covered with a wrapper, the wrapper shall carry the necessary information of the label on the container which shall be legible through the outer wrapper.
(5) The name and net contents of a food additive shall appear on that portion of the label normally intended to be presented to the customer at the time of sale.
(1) The information required to appear on any label shall be in either English or Setswana.
(2) Where the language on the original label does not include English or Setswana, a supplementary label containing the mandatory information in English or Setswana shall be used instead of re-labelling.
(3) In the case of either re-labelling or a supplementary label the mandatory information provided shall fully and accurately reflect that of the original label.
Any information or pictorial device may be displayed on labelling provided that it is not in conflict with the requirements stated under regulation 5 and would not mislead or deceive the consumer in any way in respect of the food additive.
Notwithstanding anything contained in these Regulations, the Minister may, by notice in writing, exempt any person from compliance with any provisions thereof.
(1) A person who contravenes the provisions of these Regulations commits an offence under the Act and is liable—
(a) for a first offence, to a fine of P1,000 and to imprisonment for 3 months, and where the offence is a continuing offence, to an additional fine of P500 and imprisonment for one month for each day on which the offence continues; and
(b) for a second offence or subsequent offence, to a fine of P5,000 and to imprisonment for 6 months, and where the offence is a continuing offence, to an additional fine of P2,000 and imprisonment for two months for each day on which the offence continues.
(2) On the conviction of any person for any offence under these Regulations, the court may, in addition to any other penalty which it may lawfully impose, cancel or suspend any licence issued to such person which is relevant to the offence committed.
“>MARKETING OF FOODS FOR INFANTS AND YOUNG CHILDREN REGULATIONS
(under section 13(1))
(17th June, 2005)
ARRANGEMENT OF REGULATIONS
REGULATION
PART I
Preliminary
1. Citation and commencement
2. Interpretation
3. Application
PART II
Monitoring, Inspection, Stocking, etc.
4. Designation of monitors
5. Duties of monitors
6. Duties of authorised officers
7. Conditions for stocking, etc., foods for infants and young children or other designated products
PART III
Prohibition against Promotion, Advertising, etc.
8. Promotion, advertisement, etc., prohibited
9. Health workers prohibited from promoting, etc., foods for infants and young children
PART IV
Labelling, Warning, Preparation, etc.
10-12. …
13. Labelling of other products sometimes used as foods for infants and young children
14. Labelling requirements for feeding bottles, etc.
PART V
Information and Educational Materials
15. Information and educational materials on infants and young children feeding
16. Information and educational materials on foods for infants and young children
PART VI
Offences and Penalties
17. Offences and penalties
18. Body corporate liability
S.I. 37, 2005,
S.I. 55, 2006.
PART I
Preliminary (regs 1-3)
These Regulations may be cited as the Marketing of Foods for Infants and Young Children Regulations, and shall come into operation on publication, with the exception of the parts of regulations 11, 12, and 15 relating to labelling in Setswana, which shall come into operation on the 1st July, 2007.
In these regulations, unless the context otherwise requires—
“Codex Alimentarius Commission” means the Joint Food Standards Programme of the Food and Agriculture Organisation of the United Nations and the World Health Organisation;
“Codex Standard” means the latest version of the relevant Codex Standard as issued by the Codex Alimentarius Commission;
“complementary food” means any food suitable for use to complement breast milk or infant formula or follow-up formula;
“container” means any packaging of foods for infants and young children and other designated products for delivery as a single unit and includes wrappers;
“designated products” includes—
(a) infant formula;
(b) formulas for special medical purposes intended for infants;
(c) follow-up formula;
(d) complementary foods;
(e) beverages for infants and young children;
(f) any product marketed or otherwise presented as suitable for feeding infants and young children;
(g) feeding bottles;
(h) teats;
(i) pacifiers or dummies;
(j) breast pumps;
(k) cups with spouts or similar receptacles for feeding infants and young children; and
(l) such other products as the Minister may, by notice published in the Gazette, designate.
“distributor” means a person engaged in the business, whether wholesale or retail, of marketing or distribution or sale of foods for infants and young children or any designated products, and includes any person engaged in the business of providing information, or public relations services in relation to foods for infants and young children or designated products;
“foods for infants and young children” means a group of food products distributed, marketed or otherwise represented as suitable for infants and young children including—
(a) infant formula;
(b) formulas for special medical purposes intended for infants;
(c) follow-up formula;
(d) complementary foods;
(e) any other product marketed or otherwise represented as suitable for feeding infants and young children;
“follow-up formula” sometimes referred to as “follow-on formula”, means milk or a milk-like product of animal or vegetable origin industrially formulated in accordance with such regulations as the Minister may make and, in the absence of such regulations, in accordance with the Codex Standard for follow-up formula, distributed, marketed or otherwise represented as suitable for infants older than six months of age and young children;
“formula for special medical purposes intended for infants” means infant formula which is specially manufactured to satisfy the nutritional requirements of infants during the first months of life up to the introduction of complementary feeding when medically indicated;
“gift” includes designated product, meals and refreshments, diaries, stationery, calendars, cot tags, stickers, growth charts, prescription pads, tongue depressors or any free item of whatever value;
“health care facility” means any governmental, non-governmental or private institution or organisation engaged, directly or indirectly, in health care for mothers, infants, young children, pregnant women, and includes private practice, nurseries or childcare institutions; but does not include social welfare institutions;
“health worker” means any person working or training to work in a health care facility, whether or not that person is a professional or non-professional and includes voluntary or unpaid workers;
“infant” means a person from birth up to the age of 12 months;
“infant formula” means milk or a milk like product of animal or vegetable origin formulated industrially in accordance with such regulations as the Minister may make and, in the absence of such regulations, in accordance with the Codex Standard for infant formula intended to satisfy the nutritional requirements of infants from birth, and includes formula for special medical purposes ;
“manufacturer” means any person, corporation or other entity engaged, directly or indirectly, in the business of manufacturing food for infants and young children and other designated products;
“marketing” means promoting, distributing, selling, or advertising a designated product and includes product public relations and information services, including the use of professional service representatives such as mother craft nurses, or any person acting on behalf of a manufacturer or distributor;
“monitor” means a person appointed by the Permanent Secretary to carry out any exercise necessary to reveal contravention of these Regulations;
“promote” has the meaning assigned to it under regulation 8(1);
“sample” means a single or a small quantity of a food for infants and young children or a designated product provided without cost;
“social welfare institution” means any governmental or non-governmental organisation engaged, directly or indirectly, in providing for the social welfare of infants and young children, but does not include health care facilities;
“tie-in sales” means the sale of any designated product that is linked to a purchase of any other product including a designated product; and
“young child” means a person aged between 12 months and three years.
These Regulations apply to the marketing, and practices related thereto, of foods for infants and young children and other designated products, when imported into, marketed, distributed, sold or manufactured in Botswana.
PART II
Monitoring, Inspection, Stocking, etc. (regs 4-7)
(1) The Permanent Secretary may designate, as monitors, such number of persons he or she considers appropriate, who have undergone training on monitoring of violations of the International Code of the Marketing of Breastmilk Substitutes and these Regulations.
(2) The Permanent Secretary shall issue to any person designated as a monitor, a letter of appointment and the monitor shall have such letter in his or her possession when performing any function in terms of these Regulations.
(1) A monitor in exercise of his or her duties shall investigate, observe and record information regarding the marketing practices of manufacturers and distributors at any points of sale, health care facilities, border posts and offices, through media, institutions and elsewhere.
(2) A monitor may for the purpose of monitoring violations of these Regulations enter, at any time, any premises which are used for dealing in foods for infants and young children or other designated products and may—
(a) require any person in the premises to furnish any information including documents in his or her possession as the monitor may require;
(b) caution the person on the premises regarding any violations of these Regulations;
(c) seize any goods, or promotional materials or documents where the goods or promotional material or documents in question contravene these Regulations.
(3) A monitor shall, after monitoring under subregulation (1), submit a report in writing, in relation to his or her findings to the Board.
(4) In any proceedings under these Regulations, a report signed by a monitor shall be accepted as prima facie evidence of the facts stated therein.
(5) No monitor shall have any direct or indirect commercial interest in infant and young child feeding.
(6) A monitor, acting in accordance with these Regulations, shall if required by any person, provide proof of his or her authority.
(7) An owner, occupier or person in charge of any premises entered by a monitor shall give to the monitor all reasonable assistance and shall furnish him or her with such information as the monitor may reasonably require.
(8) No person may obstruct or impede a monitor in the course of performance of his or her duties.
(9) No person may knowingly make any false or misleading statement, either verbally or in writing, to any monitor engaged in carrying out his or her duties.
6. Duties of authorised officers
(1) An authorised officer shall implement these Regulations under the powers vested on him or her by the provisions of section 6 of the Food Control Act.
(2) No authorised officer shall have any direct or indirect commercial interest in infant and young child feeding.
7. Conditions for stocking, etc., foods for infants and young children or other designated products
(1) No person shall stock, distribute, sell or exhibit any foods for infants and young children which have expired or are beyond their shelf life.
(2) No person shall stock, distribute, sell or exhibit any foods for infants and young children or other designated products which are not in their original containers.
(3) A container of foods for infants and young children, for sale or distribution, shall be free from dents or any other form of damage and shall be kept—
(a) in a cool and dry place;
(b) at least 50 cm from the floor; and
(c) in a hygienic manner.
PART III
Prohibition against Promotion, Advertising, etc. (regs 8-9)
8. Promotion, advertisement, etc., prohibited
(1) For the purposes of this regulation, “promote” includes—
(a) any direct or indirect method of introducing a designated product or encouraging the buying or use of a designated product;
(b) sale devices such as rebates, special displays to promote sales, tie-in sales, loss leaders, grant of rewards, discount coupons, premiums, special sales, prizes, gifts and giving of samples to mothers;
(c) direct or indirect contact between marketing personnel and members of the public in furtherance of or for the purpose of promoting the business of designated products and indirect contact includes television and radio, telephone or internet help lines, mother and baby clubs and baby competitions;
(d) electronic communication including website, internet and electronic mail;
(e) promotional items such as clothing, stationery or items that refer to a designated product or to a brand name of a designated product;
(f) outdoor advertisements such as billboards;
(g) placard and newspaper or magazine inserts;
(h) practices that create an association between a manufacturer or distributor and breastfeeding.
(2) No person shall—
(a) promote or cause to be promoted, foods for infants and young children or other designated products;
(b) engage in promotional activities of any designated product;
(c) publish or cause to be published any advertisement for any designated product;
(d) advertise or cause to be advertised any designated product.
(3) No manufacturer or distributor shall—
(a) distribute or cause to be distributed any information or educational material relating to infant or young children nutrition or feeding, except in accordance with these regulations.
(b) offer or give or cause to be offered or given, any benefit to a health worker, including, fellowships, study grants, funding for attendance of meetings, seminars, continuing education or conferences;
(c) fund any research, clinical or otherwise, carried out by any health worker on any designated product, except in accordance with a protocol approved by the relevant authority in writing;
(d) directly or indirectly, provide any support, financial or otherwise, to any health worker;
(e) employ any person to provide to health workers in health care facilities, pregnant women or mothers of infants and young children or any person with education or instructions regarding the use of a designated product;
(f) sell, donate or distribute or cause to be sold, donated or distributed in a health care facility, any—
(i) equipment, materials or any other services with any reference to any designated products or contain the name or logo of any manufacturer or distributor of any designated product,
(ii) foods for infants and young children or other designated products at a price lower than the published wholesale price or in the absence of such price, lower than 80 per cent of the retail price.
(g) calculate a bonus payment based on the volume of sales of any designated product; or
(h) set a quota for the sale of any designated product as a sales incentive.
(4) Notwithstanding the provisions of subregulation (3)(a), manufacturers and distributors may give information about designated products to health professionals if such information is restricted to scientific and factual matters regarding the technical aspects and methods of use of designated products, and in accordance with regulations 15 and 16.
(5) Subregulation 3(f)(ii) shall not apply where a donation or low price sale is made to an orphanage or other social welfare institution for infants who have to be fed on designated products and shall not prevent the Government from procuring foods for infants and young children, for its feeding programme or for social welfare purposes, at the lowest possible price through bidding procedures.
(6) Donations or low price sales made to orphanages or other social welfare institutions, whether for use in the institutions or for distribution outside them, as provided for under subregulation (5) should be sustained once started and should continue as long the beneficiaries need them.
(7) Manufacturers shall not make donations as referred to in subregulation (5) or set low price sales as sales inducements.
(8) Marketing personnel in their business capacity shall not seek direct or indirect contact of any kind with pregnant women, or with caregivers, or mothers of infants and young children intended to further commercial interests.
9. Health workers prohibited from promoting, etc., foods for infants and young children
(1) Health workers shall—
(a) promote and support breast-feeding, unless medically indicated;
(b) keep a records register of contraventions of the provisions of these Regulations by manufacturers or distributors in their respective health care facilities; and
(c) provide the records under subregulation (1)(b) to monitors and authorised officers.
(2) Health workers shall not—
(a) accept from manufacturers or distributors any of the following offers:
(i) gift,
(ii) financial assistance,
(iii) fellowships, study tours, research grants, funding for attendance of conferences,
(iv) samples of foods for infants and young children or other designated products, or
(v) quantities of foods for infants and young children or other designated products at a price lower than the published wholesale price, or in the absence of such price, lower than 80 per cent of the retail price; or
(b) display foods for infants and young children or other designated products.
(3) Subregulation (2) shall not apply to—
(a) research activities approved by the health research authority in writing; or
(b) quantities of foods for infants and young children or other designated products for social welfare purposes provided under the Government feeding programmes and in terms of such guidelines as the Board may from time to time approve.
PART IV
Labelling, Warning, Preparation, etc. (regs 10-14)
13. Labelling of other products sometimes used as foods for infants and young children
The label on any container of the following types of milk—
(a) sweetened;
(b) condensed;
(c) evaporated;
(d) dried;
(e) skimmed;
(f) low fat;
(g) imitation milk-like dairy products; or
(h) standardised milk
shall contain the following words in bold and conspicuous characters not less than 2mm in height—
“THIS PRODUCT IS NOT SUITABLE FOR FEEDING BABIES”.
14. Labelling requirements for feeding bottles, etc.
(1) A label, package or container of a feeding bottle or teat shall include, in simple written English and Setswana—
(a) a statement of the superiority of breast-milk for feeding infants;
(b) a statement that feeding with a cup is safer than bottle feeding;
(c) instruction for proper cleaning and sterilisation of feeding bottle and teat;
(d) a warning of potential health hazards of using feeding bottle especially if it is not properly sterilised;
(e) the need to follow preparation instructions carefully;
(f) the name and address of manufacturer or distributor.
(2) A label, package or container of a feeding bottle or teat shall not contain pictures of infants, women or infant toys nor any other picture or text or any symbol depicting a health advantage which idealises artificial feeding.
(3) A label of a dummy shall include, in simple written English and Setswana—
(a) a notice that the use of such dummy can interfere with breast-feeding;
(b) instructions for proper cleaning and sterilisation of the dummy;
(c) a warning on potential health hazards of using a dummy especially if it is not properly sterilised;
(4) A label of a dummy shall not contain pictures of infants, women, animals or toys nor any other picture or text or any symbol depicting a health advantage which idealises artificial feeding over breast-feeding.
(5) A label of a breast pump shall have written instructions in simple English and Setswana, for proper use, cleaning and sterilisation of the breast pump.
PART V
Information and Educational Materials (regs 15-16)
15. Information and educational materials on infants and young children feeding
(1) Notwithstanding any other provision of these Regulations, no person shall, directly or indirectly, distribute any educational material or any information relating to infant or young child feeding in Botswana without the approval of the Board.
(2) Any educational material or information, written, audio or visual, electronic or otherwise, relating to infant feeding shall explain—
(a) the importance, benefits and superiority of breast-feeding during the first two years of the life of a child;
(b) the value of exclusive breast-feeding for the first six months of life followed by sustained breast-feeding for at least the first two years of the life of a child;
(c) the preparation for and the continuance of breast-feeding;
(d) factual and current information and shall not use any pictures or text discouraging breast-feeding;
(e) how bottle-feeding interferes with breast-feeding;
(f) the difficulty in reverting to breast-feeding after a period of formula feeding; and
(g) how the early introduction of complementary foods interferes with breast-feeding.
(3) The educational material or information referred to in subregulation (2) shall not make any reference to the brand name of food for infants and young children or any designated product or the name or logo of any manufacturer or distributor.
16. Information and educational materials on foods for infants and young children
(1) Where the educational material or information referred to in regulation 15 includes the topic of the feeding of infants with infant formula or follow-up formula, it shall include-—
(a) instructions for the proper preparation and use of the product in question including the cleaning and sterilisation of feeding utensils;
(b) the health hazard of bottle-feeding and improper preparation of the product;
(c) the importance and proper instructions on cup feeding; and
(d) the approximate financial costs of the product in question if used in recommended quantities for a period of six months.
(2) Where the material referred to in regulation 15 includes the topic of infant feeding with complementary food, it shall explain—
(a) the health hazards of introducing complementary foods too soon or too late; and
(b) that complementary foods can easily be prepared at home using indigenous ingredients.
(3) Feeding with infant formula, follow-up formula or complementary foods whether manufactured or home prepared, shall be demonstrated only by health workers or other community workers if necessary, and only to the mothers or family members who need to use it and the information given shall include a clear explanation of the hazards of improper use.
PART VI
Offences and Penalties (regs 17-18)
(1) A person who contravenes a provision of these Regulations commits an offence and is liable—
(a) for a first offence, to a fine not exceeding P1 000 or to imprisonment for a term not exceeding three months, and where the offence is a continuing offence, to an additional fine not exceeding P500 or imprisonment for a term not exceeding one month for each day on which the offence continues; and
(b) for a second or subsequent offence, to a fine not exceeding P5 000 or to imprisonment for a term not exceeding six months, and where the offence is a continuing offence, to an additional fine no exceeding P2 000 or imprisonment for a term not exceeding two months for each day on which the offence continues.
(2) Notwithstanding the provisions of subregulation (1), the Board may recommend to the Minister, any other action to be taken against any manufacturer, distributor, health worker or other person who contravenes the provisions of these Regulations.
(3) On the conviction of any person for an offence under these Regulations, the Minister may cancel, or suspend any licence issued to that person which is relevant to the offence committed.
(4) Where a person has been convicted of an offence under these Regulations, the Minister may order that any article relevant to the offence be forfeited and that it be destroyed or otherwise disposed of, as the Minister considers appropriate.
Where an offence under these regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in such capacity, he or she as well as the body corporate, shall be guilty of an offence and liable to a fine not exceeding P1 000 or to imprisonment for a term not exceeding three months, or to both.
(section 13)
(24th September, 2010)
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation
2. Interpretation
3. Application and exemptions
4. Restriction on selling, imports, etc
5. Composition
6. Iodation
7. Food additives
8. Contaminants
9. Hygiene
10. Particle size
11. Packaging, transport and storage
12. Labelling
13. Method of analysis
14. Penalties
SCHEDULE I
SCHEDULE II
S.I. 93, 2010.
These Regulations may be cited as the Food Grade Salt Regulations.
In these Regulations, unless the context otherwise requires—
“anticaking agent” means a substance which is capable of reducing the tendency of individual particles of salt to adhere to one another or for improving their flow characteristics;
“compound food” means food which contains food grade salt as an ingredient or flavourant and in which the crystalline characteristic of the food grade salt has been changed owing to it being dissolved or absorbed by other ingredients present in the food and in which the presence of potassium iodate has an undesirable effect on the characteristics of such food;
“contaminant” means any substance which, although not added intentionally to a food, is present in such food as a result of the production (including operations carried out in crop husbandry and veterinary medicine), manufacture, processing, preparation, treatment, packing, packaging, transport or holding of such food or as a result of environmental contamination, but does not include insect fragments, rodent hair and other extraneous matter;
“food additive” means any safe substance not normally consumed as a food by itself and not normally used as a typical ingredient of the food, whether or no such substance has nutritive value which is intentionally added to food for a technological (including sensory) purpose in the manufacture, processing, preparation, treatment, packing, packaging, transport of storage of such food and which results or may reasonably be expected to result (directly or indirectly) in such substance or the by-products thereof becoming a component of or otherwise affecting the characteristics of such food, but does not include any substance added to food for maintaining or improving nutritional qualities or contaminants;
“food grade salt” means a crystalline product consisting of 97 per cent sodium chloride which is used as an ingredient or flavourant in or on food, and which may be obtained from the sea, underground rock salt deposits or natural brine, and which may also be referred to as table salt, cooking salt, flavoured salt or dendritic salt ;
“impermeable packaging material” means material that is impermeable to moisture and may consist of one or more of the following substances—
(a) low density polyethylene;
(b) high density polyethylene;
(c) woven polypropylene or similar materials, and includes polycoated cardboard.
“iodated salt” means food grade salt which has been fortified with iodine in the form of potassium iodate a 35 to 65mg/kg;
“low sodium salt” means salt containing less than 67 per cent sodium chloride;
“natural secondary products” means products other than sodium chloride which are naturally present in the raw material from which food grade salt is manufactured; and
“nutrient” means any substance which is consumed as a constituent of a food and which provides energy or which is needed for growth, development and the maintenance of life or a deficiency of which causes characteristic biochemical or physiological changes to occur.
(1) These Regulations shall apply to—
(a) salt which is manufactured, sold, distributed or used as an ingredient in food manufactured or imported into Botswana;
(b) salt used as—
(i) food or as an ingredient in food for direct sale to the consumer and for food manufacturing, or
(ii) a carrier of food additives or nutrients for technological or public health reasons.
(2) These Regulations shall not apply to salt from origins other than those referred to in the definition of “food grade salt”, especially not salt which is a by-product of chemical industries or low sodium salt.
(3) Processors, packers or importers of food grade salt products packed in quantities not larger than 250g who wish, for any reason to be exempted from the provisions of regulation 6 shall apply to the Director of Health Services.
4. Restriction on selling, imports, etc
No person shall manufacture, sell, import or distribute any food grade salt which is not iodated except under and in accordance with terms and conditions specified under regulation 6(5).
(1) Food grade salt shall not contain less than 97 per cent sodium chloride on a dry matter basis, exclusive of food additives.
(2) The remainder of the food grade salt shall comprise natural secondary products which are present in varying proportions depending on the origin and the method of production of the salt and which are composed mainly of—
(a) calcium sulphates, potassium sulphates and magnesium sulphates;
(b) calcium carbonates, potassium carbonates, magnesium carbonates and sodium carbonates;
(c) calcium bromides, potassium bromides, magnesium bromides and sodium bromides; and
(d) calcium chlorides, potassium chlorides and magnesium chlorides.
(1) Food grade salt shall be iodated by the manufacturer to prevent iodine deficiency disorders (IDD) for public health reasons.
(2) Potassium iodate shall be used for the iodation of food grade salt.
(3) Locally manufactured and imported food grade salt for the Botswana market shall contain between 35ppm (mg/kg)and 65ppm (mg/ kg)iodine a the point of sale or entry.
(4) Food grade salt which is exported from Botswana may contain more than 65ppm (mg/kg)of iodine to meet legal requirements of the importing country.
(5) The provisions of his Regulation shall not apply to—
(a) salt intended for the manufacture of compound foods; and
(b) salt available a pharmacies in packages of 500g or less which is labelled “non-iodated salt”.
(1) All additives used in food grade salt shall be of food grade quality.
(2) Food additive listed in Column I of Schedule I may be added to food grade salt to the maximum limits prescribed in Column II of Schedule I.
(1) Food grade salt shall—
(a) not contain contaminants in such amounts and in such form as may be harmful to the consumer;
(b) not contain contaminants exceeding maximum levels listed in Schedule II.
Production, packaging, storage and transportation of food grade salt shall be done in a hygienic manner to avoid any risk of contamination.
Any food grade salt, at least 95 per cent of which can pass through an eight hundred and fifty micron sieve shall be regarded as being fine, while any salt of higher particle size shall be regarded as being coarse.
11. Packaging, transport and storage
(1) Iodated food grade salt shall be packed in airtight containers to avoid the loss of iodine.
(2) Bags of iodated food grade salt shall be made of, or laminated with, impermeable materials such as low density polyethylene (LDPE), high density polyethylene (HDPE)or polypropylene (PP).
(3) Bulk packing units of iodated food grade salt shall not exceed 50kg (in accordance with International Labour Organisation (ILO) Conventions to avoid the use of hooks for lifting the bags.
(4) Bags that have already been used for packing articles capable of affecting the purity of iodated food grade salt shall not be reused for packing iodated salt.
(5) The distribution network shall be streamlined so as to reduce the interval between iodisation and consumption of salt.
(6) Iodated food grade salt shall not be exposed to rain, excessive humidity or direct sunlight at any stage of storage, transportation or sale.
(7) Bags of iodated food grade salt shall be stored only in covered rooms or warehouses that have adequate ventilation.
Notwithstanding the provision of Labelling of Prepackaged Foods Regulations (Cap. 65:05 (Sub. Leg.)), the following provisions shall apply—
(a) the name of the product shall be “salt or iodated salt”;
(b) the name and address of the manufacturer, packer, distributor, importer or exporter shall be specified on the label;
(c) where food grade salt is used as a carrier for one or more nutrients and sold as such for public health reasons—
(i) the name of the product shall be declared on the label, (for example, “iodated salt”, “salt fortified with iron” or “salt fortified with vitamins”),
(ii) added nutrients shall be declared on the label;
(d) the net weight of the salt shall be specified in metric units on the label;
(e) the label shall indicate whether the salt is fine or coarse;
(f) the batch number of the salt shall be specified on the label;
(g) where food grade-salt is not iodated in accordance with these regulations, the term “non-iodated salt” shall appear on the label.
The methods which shall be used for determining the content of sodium chloride and the content of other constituents and properties in food grade salt are listed in Annexure I set out in Schedule II.
(1) A person who contravenes a provision of these Regulations commits an offence and is liable—
(a) for a first offence, to a fine not exceeding P1 000, or to imprisonment for a term not exceeding three months, and where the offence is a continuing offence, to an additional fine not exceeding P500, or imprisonment for a term not exceeding one month for each day on which the offence continues; and
(b) for a second or subsequent offence, to a fine not exceeding P5 000, or to imprisonment for a term not exceeding six months, and where the offence is a continuing offence, to an additional fine not exceeding P2 000, or imprisonment for a term not exceeding two months for each day on which the offence continues.
(2) Where a person has been convicted of an offence under these Regulations, the Minister may cancel, or suspend any licence issued to that person which is relevant to the offence committed.
(3) Where a person has been convicted of an offence under these Regulations, the Minister may order that any article relevant to the offence be forfeited and that it be destroyed or otherwise disposed of, as the Minister considers appropriate.
SCHEDULE I
|
I |
II |
|
(a) Anticaking agents |
|
|
(i) Tricalcium phosphate |
20mg/kg |
|
(ii) Calcium and/or magnesium carbonate Calcium, magnesium, sodium aluminium or calcium-aluminium silicates |
GMP |
|
Calcium, potassium or sodium salts or myristic, palmitic or stearic acids |
GMP |
|
(iii) Magnesium oxide |
GMP |
|
(iv) Silicon dioxide, amorphous |
GMP |
|
(vii) Calcium, potassium or sodium |
|
|
Ferrocyanides |
10mg/kg singly or in combination expressed as [Fe (CN6″/>]3-“/> |
|
(b) Emulsifiers |
|
|
Polysorbate 80 |
10 mg/kg |
|
(c) Processing aid |
|
|
Dimethylpolysiloxane |
10mg residue/kg |
GMP (Good Manufacturing Practice)
SCHEDULE II
|
I |
II |
|
Arsenic |
0. 5 expressed as As |
|
Copper |
2 expressed as Cu |
|
Lead |
2 expressed as Pb |
|
Cadmium |
0. 5 expressed as Cd |
|
Mercury |
0. 1 expressed as Hg |
Annexure I
METHODS OF ANALYSIS
(a) Determination of sodium chloride content
This method allows the calculation of sodium chloride content, as provided for in Paragraph 13 on the basis of the results of the determinations of sulphate, halogens, calcium and magnesium, potassium and loss on drying. Convert sulphate to CaSO4″/> and unused calcium to CaCl2″/>, unless sulphate in sample exceeds the amount necessary to combine with calcium, in which case convert calcium to CaSO4″/> and unused sulphate first to MgSO2″/> and any remaining sulphate to Na2″/>SO4″/>. Convert unused magnesium to MgCl2″/>. Convert potassium to KCl. Convert unused halogens to NaCl. Report the NaCl content on a dry matter basis, multiplying the percentage NaCl by 100/100-P, where P is the percentage loss on drying.
(b) Determination of insoluble matter
According to International Organisation for Standardisation (ISO) 2479-1972 ‘‘Determination of matter insoluble in water or in acid and preparation of principal solutions for other determinations’’.
(c) Determination of sulphate content
According to ISO 2480-1972 ‘‘Determination of sulphate content-barium sulphate gravimetric method’’.
(d) Determination of halogens
According to ISO 2481-1973 ‘‘Determination of halogens, expressed as chlorine mercurimetric method’’ (for the recovery of mercury from the laboratory waste, see Annex of ECSS/SC 183-1979).
(e) Determination of Calcium and Magnesium contents
According to ISO 2482-1973 ‘‘Determination of calcium and magnesium contents EDTA complexometric methods’’.
(f) Determination of Potassium content
According to ECSS/SC 183-1979 ‘‘Determination of potassium content by sodium tetraphenylborate volumetric method” or alternatively according to ECSS/SC 184-1979‘ ‘by flame atomic absorption spectrophotometric method’’.
(g) Determination of the loss on drying (conventional mois ure)
According to ISO 2483-1973 ‘‘Determination of the loss of mass a 110 ºC’’.
(h) Determination of Copper content
According to ECSS/SC 144-1977 ‘‘Determination of copper content zinc dibenzyldithiocarbamate photometric method’’.
(i) Determination of Arsenic content
According to method ECSS/SC 311-1982 ‘‘Determination of arsenic content silver diethyldithiocarbamate photometric method’’.
(j) Determination of Mercury content
According to method ECSS/SC 312-1982 ‘‘Determination of total mercury content – old vapour atomic absorption spectrometric method’’.
(k) Determination of Lead content
According to method ECSS/SC 313-1982 ‘‘Determination of total lead content – flame atomic absorption spectrometric method’’.
(l) Determination of Cadmium content
According to method ECSS/SC 314-1982 ‘‘Determination of total cadmium content – flame atomic absorption spectrometric method’’.
(m) Determination of Iodine content
According to method ESPA/CN 109/84 ‘‘Determination of total iodine content – titrimetric method using sodium thiosulfate ’’.
FOOD CONTROL (MAXIMUM LEVELS OF MELAMINE IN FOOD) REGULATIONS
(section 13)
(10th December, 2010)
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation
2. Interpretation
3. Maximum levels of melamine in certain types of food
4. Offences and Penalties
S.I. 120, 2010
These Regulations may be cited as the Food Control (Maximum Levels of Melamine in Food) Regulations.
In these Regulations unless the context otherwise requires—
“melamine” means an organic base chemical mos commonly found in the form of white crystals rich in nitrogen and widely used in plastics, adhesives, countertops, dishware, whiteboards or fertilizers.
3. Maximum levels of melamine in certain types of food
(1) All infant formula, food intended for children under 36 months of age and food for special dietary uses shall not contain more than 1 milligram melamine per kilogram of food (1mg/kg melamine).
(2) All food, except food covered under subregulation (1), shall not contain more than 2.5 milligrams of melamine per kilogram of food (2.5mg/kg melamine).
(3) For purposes of section 12 of the Act, all food products which do not comply with subregulation (1) and (2) of this regulation are deemed to be adulterated and unfit for human consumption.
(1) Any person who produces, sells, distributes, markets, imports or exports any food or article which to his knowledge, or which the reasonably ought to know, does not comply with the provisions of these Regulations, commits an offence and is liable—
(a) for a first offence, to a fine not exceeding P1 000 and to imprisonment for three months, and where the offence is a continuing offence, to an additional fine not exceeding P500 and imprisonment for one month for each day on which the offence continues; and
(b) for a second or subsequent offence, to a fine not exceeding P5 000 and to imprisonment for six months, and where the offence is a continuing offence, to an additional fine not exceeding P2 000 and imprisonment for two months for each day on which the offence continues.
(2) The court may, on the conviction of any person, where the offence relates to issuing of licence or permit under these regulations, cancel, or suspend any licence or permit issued to that person.
(3) The court may, where a person has been convicted of an offence under these regulations, order that any food or article relevant to the offence be forfeited and that it be destroyed or otherwise disposed of, as the Minister considers appropriate.
FOOD CONTROL (FOOD SAFETY ALERTS AND FOOD RECALL PROCEDURES) REGULATIONS
(section 13)
(28th December, 2018)
ARRANGEMENT OF REGULATIONS
REGULATION
PART I
Preliminary
1. Citation
2. Interpretation
3. Application
PART II
Procedures for food safety alerts
4. Objectives of Regulations
5. Triggers of food safety alerts or food recalls
6. Initiation of food safety alert
7. Discontinuation of food safety alert
PART III
Food recall procedures
8. Food industry initiated food recall
9. Ministry initiated food recall
10. Food recall classification
11. Food recall plan
12. Food recall communication
13. Food recovery
14. Effectiveness check
15. Food recall status reports
16. Termination of food recall
17. Responsibilities of authorised officers
18. Offences and penalties
Schedule
S.I. 198, 2018.
PART I
Preliminary
These Regulations may be cited as the Food Control (Food Safety Alerts and Food Recall Procedures) Regulations.
In these Regulations, unless the context otherwise requires—
“depth of recall” means the extent and the level to which recalled food was distributed;
“downstream food business operator” means anyone who receives or purchases food, from a food business operator, to sell;
“food business” means any undertaking, whether for profit or not and whether public or private, carrying out any of the activities related to any stage of production, manufacture, processing, packaging, storage, transportation, distribution, importation of food and includes catering services, or sale of food;
“food business operator” means a person who is actively engaged in running of a food business and is responsible for ensuring that the legal requirements relating to the business are met;
“food recall” means action taken to stop or remove food that may pose a health and safety hazard to consumers from being distributed, sold or consumed;
“food safety alert” means a warning to the public by a local authority, any other relevant Government agency, the Ministry responsible for health or by a food industry, voluntarily, with the approval of a local authority, any other relevant Government agency or the Ministry responsible for health that a food product presents a health hazard;
“hazard” means a biological, chemical or physical agent in, or condition of food with the potential to cause an adverse health and safety effect;
“recall plan” means a written set of procedures, practices and actions developed and put in place by a food business operator to recall Food that may pose a health and safety hazard to consumers; and
“recalling food business operator” means a food business operator with the primary responsibility for the manufacture and distribution of the recalled food.
These Regulations shall apply to—
(a) food safety alerts and recalls of food or food products which are hazardous to the health or safety of consumers or contravenes the provisions of the Act; and
(b) a food business operator engaged in the manufacture, importation, distribution and sale of food.
The objectives of these Regulations are to provide guidance on how Regulations to—
(a) carry out a food recall through an efficient, rapid identification as well as removal of hazardous food from the distribution chain and informing consumers, where necessary, of the presence of potentially hazardous food in the market and ensure that hazardous food are contained and destroyed or rendered safe;
(b) establish a food recall plan for carrying out food recall where food does not meet the requirements of hygiene, safety and quality of food and to protect the health of consumers; and
(c) establish a follow-up action or post food recall report in order to ensure the effectiveness of a food recall and prevent a reoccurrence.
PART II
Procedures for food safety alerts
5. Triggers of food safety alerts or food recalls
The following factors may trigger food safety alerts or food recalls—
(a) bacterial contamination;
(b) chemical contamination;
(c) communicable disease;
(d) foreign objects;
(e) evidence of exposure to radiation;
(f) misbranding;
(g) packaging defects;
(h) consumer complaints;
(i) new scientific findings;
(j) supplier or manufacturer’s notification;
(k) tampering threats; or
(l) any other food trigger as may be prescribed by the Minister on the recommendation of the Board.
6. Initiation of food safety alert
(1) The Minister shall, after consultation with the Board, issue a food safety alert, warning consumers about food on the market which have been found to be hazardous to the health or safety of consumers.
(2) For the purpose of subregulation (1), the food safety alert shall be published—
(a) in the Gazette; and
(b) in at least one issue of a newspaper with a wide circulation in Botswana.
(3) If the food is manufactured or already on the market, the food safety alert shall be followed by a food recall initiated by the Minister.
(4) The Minister shall inform, in writing, the food business operator responsible for the production of the food that is the subject of the alert under subregulation (1) to take the appropriate measures to ensure that the food is recalled.
(5) A food business operator who contravenes subregulation (4) shall be guilty of an offence.
7. Discontinuation of food safety alert
(1) Where the Minister determines, after consultation with the Board, that it is practical to assume that the hazard posed by the hazardous food has been removed or the food no longer threatens the health and safety of consumers, the Minister shall publish a notice discontinuing the food safety alert.
(2) For the purpose of subregulation (1), the notice discontinuing a food safety alert shall be published—
(a) in the Gazette; and
(b) in at least one issue of a newspaper with wide circulation in Botswana.
(3) The discontinuation of a food safety alert shall not preclude an authorised officer from conducting surveillance or investigations on the food that is the subject of the food safety alert, or taking further action.
PART III
Food recall procedure
8. Food industry initiated food recall
(1) A food business operator that is engaged in the wholesale initiated supply, manufacture or importation of food that is potentially hazardous or defective, shall immediately notify the Minister and the Board by submitting, by hand delivery, facsimile, electronic mail, or post, a food recall initiation notification to the Minister and the Board as set out in Form A to the Schedule.
(2) Where a business food operator is a street vendor, the owner shall immediately notify the authorised officer from the relevant local authority to take appropriate measures in initiation of the food recall and disposal.
(3) Where a food business operator has notified the Minister and the Board in accordance with subregulation (1), the food business operator shall initiate an industry initiated food recall of the potentially hazardous or defective food from the market within 24 hours of having knowledge of the potentially hazardous or defective food in order to protect public health from food that is hazardous for the consumer or is not in compliance with the provisions of the Act.
(4) The Minister, shall within 48 hours of receiving the notification in subregulation (1), instruct the Board to—
(a) notify the food business operator of his decision on the food recall in Form B set out in the Schedule; and
(b) send a copy of the decision to local authorities and relevant Government agencies to notify the public.
(5) A food business operator responsible for putting on the market potentially hazardous or defective food shall immediately stop any further delivery and sale of the food under recall so as to ensure that safety and public health is not compromised.
(6) A food industry initiated food recall may also be initiated as a result of complaints referred to the food business operator from manufacturers, wholesalers, importers, distributors, retailers, consumers, the media, a local authority or any other relevant Government agency.
(7) Where the food business operator does not respond to a consumer complaint, the consumer may report to the Minister or the Board.
(8) The Minister shall, on the recommendation of the Board, decide on the need for a food recall and shall instruct the food business operator accordingly.
(9) A recall of potentially hazardous food manufactured outside Botswana may also be triggered by the food industry and shall be responded to in the same way as provided for in this regulation.
(10) A food business operator who contravenes this regulation shall be guilty of an offence.
9. Ministry initiated food recall
(1) The Minister may instruct the Board to conduct—
(a) an investigation, in accordance with the procedures set out in the inspections and investigations conducted on Food Premises Regulations, relating to any food suspected of being hazardous or defective; and
(b) an investigation on any complaint referred to the Minister in accordance with regulation 8(8),
and initiate a food recall with regard to food that is manufactured, imported, distributed, sold, or offered for sale, or offered for free to any person or any charitable organisation or institution, by a food business operator.
(2) The Minister shall after initiating a food recall in accordance with subregulation (1)—
(a) notify the food business operator of the Minister’s decision on the need to immediately initiate a food recall of potentially hazardous or defective food on the market; and
(b) instruct the food operator business to initiate a food recall of the potentially hazardous or defective food; through a food recall instruction in Form C set out in the Schedule.
(3) A food business operator shall, upon receiving a food recall instruction in accordance with subregulation (2)(b), implement the food recall of potentially hazardous or defective food and immediately stop the processing, importation, manufacturing, distribution and any further delivery and sale of the food under the food recall so as to ensure that consumer safety and public health is not compromised.
(4) Where a food business operator fails to comply with a food recall instruction issued by the Minister under subregulation (2)(b), the Minister shall, after consultation with the Board, recall the potentially hazardous or defective food from the market.
(5) Where the Minister recalls the potentially hazardous or defective food under subregulation (4), the costs incurred by the Minister during the food recall shall be borne by the food business operator.
(6) The Minister shall instruct an authorised officer to send a copy of the food recall instruction referred to in subregulation (2)(b) to a local authority or any other relevant Government agency to notify the public.
(7) The Minister may, on his own initiative or after consultation with the Board, use a food recall initiation instruction as a trigger or a food safety alert under regulation 6.
(8) A food business operator who fails to comply with any direction under this regulation shall be guilty of an offence.
10. Food recall classification
The Minister shall, on the advice of the Board, evaluate the potential health hazard posed by any food under recall and categorise the food recall as—
(a) Class I food recalls, for potentially hazardous food which is dangerous, defective or adulterated that it could cause serious health problems or even death; or
(b) Class II food recalls, for food that is unlikely to cause any adverse health problems, but that violates the provisions of the Act.
(1) A food business operator shall—
(a) within 12 months after coming into effect of these Regulations, have a recall plan approved by the authorised officer in his local authority for recalling potentially hazardous or defective food;
(b) propose a food recall plan to the authorised officer in accordance with Form D set out in the Schedule; and
(c) implement all food recalls for potentially hazardous or defective food in accordance with a food recall plan approved by the authorised officer.
(2) An approved food recall plan shall specify the need for a food safety alert or food recall and the media likely to be used for the effective and speedy dissemination of the information.
(3) Where the authorised officer has not yet approved a food recall plan and a food business operator initiates a food industry initiated food recall in accordance with regulation 8, the food business operator shall initiate the food recall in accordance with Form E set out in the Schedule, pending the review of the food recall plan by the authorised officer.
(4) The Minister shall, wherever the urgency of the situation demands and after consultation with the food business operator, issue a food safety alert relating to a food recall, indicating—
(a) the classification of the food to be recalled;
(b) the ease or challenges in identifying the food;
(c) the degree to which the deficiency in the food is obvious to the consumer; and
(d) the degree to which the potentially hazardous or defective food remains in the market.
(5) Where the food business operator implements a food recall—
(a) the cost of alerting the public shall be borne by the food business operator; and
(b) a consumer shall be refunded for any food product returned, whether partially consumed or sealed.
(6) In the case of food recall involving exported food, the Minister shall, on the advice of the Board—
(a) be in charge of monitoring the implementation of the food recall plan; and
(b) communicate any food recall that involves exported food to the appropriate health authorities or other authorities or agencies dealing with standards of quality in food of the country where the food was exported to.
(7) A food business operator who contravenes this regulation shall be guilty of an offence.
(1) Where a food business operator implements a food recall plan—
(a) the food business operator shall immediately notify each of its affected downstream food business operator about the food recall; and
(b) the format, content and the extent of a food recall communication shall be commensurate with the hazard of the food being recalled and the plan developed for the food recall.
(2) A food recall communication contemplated in subregulation (1) shall be—
(a) through an electronic mail, facsimile, a letter or a combination of the three;
(b) conspicuously marked “Food Recall” in bold red type;
(c) marked “urgent”; and
(d) a telephone communication shall be confirmed by one of the above methods and documented by the food business operator in an appropriate manner.
(3) A food recall communication shall—
(a) be brief and specific;
(b) clearly identify—
(i) the food,
(ii) the size of the food,
(iii) the lot or batch number of the food,
(iv) the product code or serial number of the food,
(v) the production date of the food,
(vi) the manufacture’s address,
(vii) the country of origin, and
(viii) any other pertinent descriptive information to enable accurate and immediate identification of the food;
(c) concisely explain the reason for the recall and potential hazard involved if any;
(d) provide specific instructions on what should be done with respect to the recalled food;
(e) provide cost-free means, such as toll free numbers, or electronic mail address, for the recipients of the communication to report to the recalling food business operator; and
(f) not contain irrelevant qualifications, promotional materials, or any other statement that may detract from the message.
(4) The food business operator shall make appropriate follow-up communication, including telephone calls or visits, to each of its downstream food business operators who fail to respond to initial food recall communication.
(5) An affected downstream food business operator who receives a food recall communication shall—
(a) carry out instructions set forth by the recalling food business operator; and
(b) extend the food recall communication to their own downstream food business operators and consumers with the information in subregulation (3).
(6) The food recall communication referred to in subregulation (5) shall be in Form E set out in the Schedule.
(7) The food business operator shall, with the approval of the Minister and after issuing a food recall communication to its downstream food business operators, inform the public of the food recall at the earliest possible opportunity by way of a press release, letter to concerned parties or advertisements in the media.
(8) The press release, letter or advertisement under subregulation (7) shall be in the form of a food recall notice and shall contain the following information—
(a) the name of the food recalling food business operator;
(b) the name, brand, lot or batch of the food;
(c) the contamination, adulteration, defect, or violation of the food;
(d) a “do not consume” message, if the food is not safe for consumption;
(e) a health warning and remedial action;
(f) the place or outlet where the food is sold;
(g) the action to be taken by the downstream food business operator or consumer; and
(h) a contact number for queries.
(9) A food recall notice shall not contain irrelevant information, promotional material or any statement that may detract from the message.
(10) A food business operator who contravenes this regulation shall be guilty of an offence.
(1) A recalling food business operator shall—
(a) ensure that the food recovered as a result of a food recall is stored in a secure area;
(b) separate the recalled food from any other food, pending action by the authorised officer;
(c) maintain accurate record of the food recovered as a result of the food recall; and
(d) have an accurate record system to ensure that all recalled food is accounted for.
(2) The recalling food business operator shall, with approval of the Minister, correct the defect or violation in the recalled food for the sole purpose of re-labelling or re-conditioning provided that to do so will bring the food into compliance with the Act.
(3) Where the re-labelling or re-conditioning authorised under subregulation (2) is not carried out within the prescribed time period, the Minister shall issue an instruction to the food business operator to destroy such food or order the destruction of the food by an authorised officer at the food business operator’s expense.
(4) Where the recalled food needs to be disposed off, the recalling food business operator shall ensure the appropriate method of disposal or destruction of the food under the supervision of an authorised officer is followed in accordance with regulation 15(3)(e).
(5) A food business operator who contravenes this regulation shall be guilty of an offence.
(1) During a food recall, the recalling food business operator shall carry out, at regular intervals, effectiveness checks to verify that all the downstream food business operators at the depth of recall specified by the food recall notification have received adequate information about the food recall and have taken the appropriate action.
(2) The effectiveness of the food recall shall be assessed on the percentage of the food recovered, based on the amount of the same batch of food originally dispatched and sold.
(3) A food business operator who contravenes this regulation shall be guilty of an offence.
(1) The recalling food business operator shall submit, to the local status authority within its operational jurisdiction, regular food recall status reports of the food recall and the effectiveness of the food recall in accordance with Form F set out in the Schedule, and the frequency of the reports shall be determined by the relative urgency or gravity of the food recall specified or determined by the Ministry responsible for health.
(2) The reporting interval shall not exceed a period of 14 days.
(3) Unless otherwise specified by the Minister, the food recall status report shall contain the following information—
(a) the number of downstream food business operators notified of the food recall and the date and method of notification;
(b) the number of downstream food business operators that did not respond to the food recall communication and the quantity of food products dispatched or sold to downstream food business operators;
(c) the number of food products returned or collected by each downstream food business operator that was contacted and the quantity of food products accounted for, recovered or received;
(d) the number and results of effectiveness checks that were made;
(e) proposed method of disposal or destruction of recalled food with the record of destruction;
(f) the action proposed to be implemented in future to prevent reoccurrence of the problem; and
(g) the estimated time frames for completion of the food recall.
(4) The submission of a food recall status reports to the local authority shall be discontinued when the food recall is formally terminated by the Minister on the advice of the Board.
(5) The food recall status reports submitted under subregulation (4) shall be consolidated and the authorised officer shall submit a status report on the effectiveness of the recall to the Minister in accordance with regulation 16 to effect termination of the recall.
(6) A food business operator shall maintain a complete documentation on the food recalls for inspection and verification by an authorised officer.
(7) Documentation on the food recalls shall be kept for a minimum period of seven years.
16. Termination of food recall
(1) A recalling food business operator may request termination of a food recall by submitting a written request in accordance with Form G set out in the Schedule, to the Minister and the request shall be accompanied by the latest food recall status reports.
(2) A food recall shall be terminated when the Minister, after consultation with the Board, determines that it is reasonable to assume that the recalled food has been removed and that proper disposal or correction measures have been carried out.
(3) Where the Minister considers food recall status reports unsatisfactory in accordance with regulation 15(5), the Minister may, on the recommendation of the Board, consider further action against the recalling food business operator, such as inspections, seizures of the hazardous food or any legal action.
(4) A written notification that food recall has been terminated shall be issued by the Minister to the recalling food business operator, copied to a local authority or any other relevant Government agency.
(5) The completion of either an industry initiated food recall or Ministry initiated food recall does not preclude the Minister from taking further action against a recalling food business operator.
17. Responsibilities of authorised officers
(1) During a food recall an authorised officer shall supervise a food recall by a food business operator and shall inspect the food business operator’s capacity to recall potentially hazardous or defective food after receiving a food recall alert notification.
(2) An authorised officer shall—
(a) inspect potentially hazardous or defective food after receiving a complaint from a consumer and advise, if necessary, the food business operator to recall the food;
(b) in food recalls involving complaints by consumers, liaise with the food business operator to prepare a press release for the approval by the Minister and immediate use by the media;
(c) conduct audit checks selectively when a food business operator is unable to check the effectiveness of its food recall due to lack of records and procedure;
(d) advise a food business operator, who has submitted an incomplete food recall plan, to make improvements to the food recall plan;
(e) issue instructions to a food business operator on frequency of reporting the conditions of the food recall, subject to the urgency of each case, and monitor the food business operator’s food recall progress;
(f) supervise a food business operator in the completion of a food recall and assess the food business operator’s food recall status;
(g) offer follow-up guidance to a food business operator;
(h) conduct periodic inspections to ascertain the extent of an accomplished food recall and file the relevant food recall information;
(i) issue the necessary food recall press release;
(j) monitor the effectiveness of the food recall alert notification and the correction or the removal of the recalled food from distribution in order to verify the appropriate means to dispose of the food and terminate the food recall;
(k) ensure that food recalled under this regulation is destroyed and disposed off in an approved manner; and
(l) where the recalled food is exported, liaise with exporting food business operator, and the Board in order to determine—
(i) the food recall plan for the exported food, and
(ii) the form of advice to be given to the appropriate health authorities of the country where the food was exported.
(3) The Minister shall keep a local authority or any other relevant Government agency informed on the conduct of an authorised officer in relation to the responsibilities provided for in this regulation and the local authority or any other relevant Government agency shall be guided by any instructions that the Minister may issue.
(1) A person who contravenes the provisions of these Regulations shall be guilty of an offence and is liable—
(a) for a first offence to a fine not exceeding P1 000 to imprisonment for a term not exceeding three months, and where the offence is a continuing offence, to an additional fine not exceeding P500 for each day on which the offence continues up to a maximum of P5 000; and
(b) for a second or subsequent offence, to a fine not exceeding P5 000 or to imprisonment for a term not exceeding six months.
(2) A court may, on the conviction of any person for an offence under these Regulations, in addition to any other penalty it may impose, cancel or suspend any licence or permit issued to that person which is relevant to the offence committed.
SCHEDULE
FORM A
(reg.8(1))
FOOD RECALL ALERT NOTIFICATION FORMAT
(To be given on recalling industry’s letterhead)
To
Local Authorities/Ministry of Health and Wellness
|
1. Name and Address of the Recalling industry |
|
|
2. Name, designation and contact details of person who should be contacted |
|
|
3. Identity of the product (brand, code, type, etc.) |
|
|
4. Reason for recall |
|
|
5. Date and circumstances under which product deficiency was discovered |
|
|
6. Evaluation of the risk involved with deficiency (if any testing done, results should be indicated) |
|
|
7. Total amount of product produced |
|
|
8. Time span of production |
|
|
9. Total amount of product in distribution channels |
|
|
10. Detailed distribution information (level of distribution, No. of direct accounts, Identity of direct accounts if possible) |
|
|
11. Copy of recall communication (if already issued otherwise proposed communication) |
|
|
12. Action already taken and proposed strategy for recall |
|
|
13. Any other relevant information |
|
| *Please attach extra sheets if space is insufficient |
|
_________________________________ |
_________________________________ |
|
|
|
|
_________________________________ (Recalling Food Business Operator) |
FORM B
(reg. 8(3)(a))
FOOD RECALL NOTIFICATION FORMAT
(To be given by the Ministry of Health and Wellness)
Date:_____________
To
<
Recalling Food Business Operator
Ref: Your food recall alert notification No.________ dated _____________
Dear ___________
Based on the information provided in your above referred food recall alert notification, the Minister of Health has made the following determination and direct you to immediately recall the product from market. The Minister may also be kept apprised of the status till termination of recall.
Recall Reference Code:_______________
Ministry of Health
Contact:_____________ Phone:______________ Email:__________
Product Brand:_________Product code:________________________
Violation involved in the product:_____________________________
Health hazard classification of the product:___________
Suggested recall plan for the product:_____________________
Food safety alert (required or not required) _________________
(if yes, the content of warning and media to be used for such warning)
Period/interval for submission of Recall Status Report:________________
If you have further questions, please do feel free to contact us. Thank you for your assistance.
_________________________________ __________________________
Signature and title date
(Ministry of Health)
FORM C
(reg. 9(2)(b))
FOOD RECALL INITIATION INSTRUCTION FORMAT
(To be given by the Ministry of Health)
Date:___________
To
<
Recalling Food Business Operator
Re: Food Recall Instruction
Dear ________
Based on our findings, the Ministry of Health and Wellness has made the following determination and hereby directs you to immediately recall the following food from the market:
________________________________
You are also required to appraise the ministry on the steps that you plan to take or you have already taken with regard to this food recall initiation instruction.
Recall Reference Code:_____________
Ministry of Health and Wellness
Contact:_________Phone:_______________ Email:_____________
Food Brand:___________ food code:______________
Violation involved in the food:__________
Health Hazard classification of the food:___________
Suggested recall plan for the food:________________
Food safety alert (required or not required) ______________
(if yes, the content of warning and media to be used for such warning)
Period/interval for submission of Recall Status Report:_______________
If you have further questions, please do feel free to contact us.
_________________________________ __________________________
Signature and title date
(Ministry of Health and Wellness)
FORM D
(reg. 11(1)(b))
Recall plan checklist
Recall team and preliminary steps
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Action |
Initiated |
Completed |
Not done |
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Food recall team selected & organised |
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Food Recall Coordinator selected |
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Phone list given to all team members |
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Team Spokesperson selected & trained |
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Communicate with department, managers about plan & food recall team’s upcoming tour |
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Food recall team tours company facilities & consumer sites & makes recommendations |
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Prioritise risks and findings from tour as ‘high’, ‘medium,’ or ‘low’ |
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Solicit suggestions for improvements |
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Assess employee and department, management morale, commitment to improvements |
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Laws & guidelines reviewed |
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• Food tracking system reviewed |
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• For receiving |
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• For manufacturing |
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• For distribution |
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Approve templates of letters, news releases, other documents |
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Internal contact list prepared |
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Consumer/downstream food business operator contact list made |
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Food recall decision |
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Action |
Initiated |
Completed |
Not done |
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Food recall team notified of problem |
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Food recall team briefed by legal counsel |
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Department, managers briefed on problem and asked for input |
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Department, managers submit records to team |
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Risk evaluated |
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Decision made to initiate a– |
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• Stock recovery |
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• Market withdrawal |
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• food recall |
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If decision is internal, Ministry of Health is notified |
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Team Spokesperson prepares information for public release |
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Team and legal counsel approves information for public release |
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Immediate actions |
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Action |
Initiated |
Completed |
Not done |
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Food production halted |
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Internal investigation begun to determine cause or source |
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Food in warehouse secured |
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Receptionists, administration briefed on what to tell incoming callers & what info to obtain from them |
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Update website with recall information |
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Information gathered |
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Action |
Initiated |
Completed |
Not done |
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Identity of food |
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Establish use of reworked or blended ingredients & their suppliers |
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Food package size(s) |
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Food code number(s) |
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Production dates |
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Quantity per code date |
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Quantity in controlled warehouses |
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Quantity shipped to consumers |
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Quantity unaccounted for |
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Notification to outside groups of the Food Business Operator |
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Action |
Initiated |
Completed |
Not done |
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Wholesale distributors notified by phone/ facsimile/e-mail |
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Wholesale distributors notified by mail |
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Retailers notified by phone/facsimile/e-mail |
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Retailers notified by mail |
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Ministry of Health approves news release copy |
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News releases sent to media list |
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News releases sent to other pertinent contacts |
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Sales representatives instructed on food recall procedures |
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Point-of-sale info prepared for sales representatives to deliver to retail consumers |
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Continue to update website as needed |
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Product disposal and destruction |
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Action |
Initiated |
Completed |
Not done |
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Company and lead agency agree on collection and disposal and destruction of recalled food |
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Decisions made about refund or exchange policies |
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Wholesalers informed of food disposal and destruction |
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Retailers informed of food disposal and destruction |
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Consumer service briefed on refund policy |
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Warehouse prepared to receive food |
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Warehouse isolating returned food |
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Effectiveness checks |
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Action |
Initiated |
Completed |
Not done |
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Ministry of Health effectiveness Check Level established |
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Effectiveness checks begin |
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Finish date established |
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Review/evaluate effectiveness checks |
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Prepare effectiveness checks summary |
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Food recall termination |
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Action |
Initiated |
Completed |
Not done |
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Team undertakes review of food recall |
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Food recall officially concluded |
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Ministry of Health notified of food recall completion |
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Team receives written confirmation from Ministry of Health of food recall completion |
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Announcement (and thanks, as needed) to consumers about successful end of recall |
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Update website; notify news media for follow-up if necessary |
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Final steps |
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Action |
Initiated |
Completed |
Not done |
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Food recall team assembles all documents |
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Team reviews all procedures and makes recommendations to senior management |
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Team decides on exact cause of problem |
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Team coordinator writes summary report |
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Necessary corrections made |
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Final report reviewed; presented to senior management |
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FORM E
(regs. 11(3) and 12(6))
FOOD RECALL COMMUNICATION FORMAT
(To be given on Recalling Food Business Operator letterhead)
Facsimile/Letter template
To:
All downstream food business operators of Recalled Food Product (Distributors/Wholesalers/Retailers/Restaurants)
URGENT!
FOOD RECALL (should be in bold red type)
Recall Reference Code:_________________
Date:________________
Our industry is voluntarily recalling _______________ (Food Product) due to (reason for food recall). It may not meet company quality standards, and/or may represent a small/moderate/ serious (CHOOSE one word) health or safety threat to people who use it. Please follow these instructions to ensure a successful recall:
*Immediately discontinue selling or distributing your existing stock of (brand, name, code of product, package size etc).
*Inform us of the quantity of product you have on hand by completing the bottom portion of this form. Sign the form and return it by FAX to (FAX No.) as soon as possible.
*DO NOT dispose off this product! Instead: (Choose one of the two options)
(Wait for further instructions from (their sales representative)) OR
(Return the recalled product to (name of industry’s contact person) as soon as possible).
If you have distributed any of the recalled products, please immediately:
Contact your downstream business operators by telephone and in writing to advise them about the recall.
Instruct them to return their unused, undestroyed stock to (recalling industry or supplier). Instruct them to also notify any of their downstream food business operators, which may have received the recalled product.
Thank you for your co-operation. If you have any questions regarding this recall, please feel free to contact—
________________________ (Food Business Operator’s contact person) at ________________ (phone).
Sincerely,
(Recalling Food Business Operator representative)
Consumer’s Name:_______________________
Quantity On Hand:_______________________ cases/cans/packages (Circle one)
_______________________ _____________________
Owner’s Name – Please Print Owner’s Signature
FORM F
(reg. 15(1))
FOOD RECALL STATUS REPORT FORMAT
(To be given on Food Business Operator’s letterhead)
Date:____________________
Recall Reference Code:_______________________
Food Brand:__________ Food code:___________ Date:__________
Local Authorities Contact:______________ Phone:______________
Email Address:_____________________________
Dear:___________________
(Recalling Food business Operator) hereby submits the following recall Status report regarding the above-listed product.
1. Notification
Total number of downstream food business operators identified:___
Number of downstream operators notified:_____
Method of notification (check all that apply):
Letter ______________
Phone ______
Facsimile _____________
Email ____________
Other _____ (specify) ___________
2. Downstream business operator response
Total number of downstream food business operators responding:_______
Total number of downstream food business operators not responding:____
Total quantity of products dispatched at non-responding downstream food business operators
Number/amount of product returned by each downstream food business operators:
Downstream food business operators 1 ____________
Downstream food business operator 2 _____________
Downstream food business operator 3 _____________
Downstream food business operator 4 _____________
Downstream food business operator 5 _____________
Quantity of food accounted for:________
3. Effectiveness Checks
Total number required:______
Total number completed:______
Completion date:_______
4. Estimated food recall completion date:_________________
5. Proposed method of disposal of recovered stock/record of destruction:
6. Actions proposed to avoid recurrence in future:
Please let us know if you require additional information.
Sincerely,
________________ _________________
Signature and title Date
_______________________ (Recalling industry)
FORM G
(reg. 16(16))
FOOD RECALL TERMINATION REQUEST FORMAT
(To be given on Recalling Food Business Operator’s letterhead)
Date:________
To
The Minister of Health and Wellness/Local Authorities
Recall Reference Code:________
Food Brand:_________ Food code:______________ Date:_____________
Local Authorities:_____________ Phone:___________ Email:__________
Ref: Request for food recall termination
Dear _____________
_________________ (name of recalling Food Business Operators) initiated a Class recall of the above-listed product on ______ (date) that extended to the ___ level. Proper downstream food business operator’s notification was made by phone, facsimile, email, mail and personal visits, and records of these notifications have been provided to your office.
An Effectiveness Check Level of ________________ was assigned to this product.______________________________ (name of recalling Food Business Operator) therefore contacted a total of _________ downstream food business operators,_______ of which replied with the requested information.
All requested status reports have been filed within the proper timeframes, and the latest report is being submitted with this request. ___________________________________ (recalling Food Business Operator) believes the above-listed product has been successfully recalled in accordance with the recall strategy (reviewed and approved by Ministry of Health) requirements.
ADD Additional data here if necessary.
In light of this successful and conscientiously executed food recall,___________________________ (recalling Food Business Operator) hereby request that this food recall be terminated, and that _______________________ (Recalling industry) be provided with written confirmation of the termination.
If you have further questions, please do feel free to contact us. Thank you for your assistance.
________________ ________________
Signature and title Date
__________________________
(Recalling Food Business Operator)
TOLERANCE OF POISONOUS NOXIOUS SEEDS IN GRAIN CEREALS, LEGUMES AND OILSEEDS INTENDED FOR HUMAN CONSUMPTION REGULATIONS
(Published on 4th January, 2019)
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation
2. Interpretation
3. Application
4. Poisonous seeds in grain cereals, legumes and oilseeds intended for human consumption
5. Duty of persons importing, marketing, producing or selling
6. Power of authorised officer
7. Determination of quantity of noxious seeds
8. Rejection of consignment
9. Sampling
10. Deviating samples
11. Obtaining working sample
12. Offences
13. Penalties
SCHEDULE
S.I. 1, 2019.
These Regulations may be cited as the Tolerances of Poisonous Noxious Seeds in Grain Cereals, Legumes and Oilseeds Intended for Human Consumption Regulations.
In these Regulations, unless the context otherwise requires—
“bag” means a bag made from suitable materials;
“bulk container” means a grain truck, any vehicle or container in which bulk grain cereals are stored or transported;
“consignment” means a quantity of grain of the same kind and class, which belongs to the same owner, delivered at any one time under cover of the same consignment note, delivery note or receipt note, or delivered by the same vehicle or railway truck, or loaded from a bin of a grain elevator into a ship’s hold or railway truck, or if such a quantity is divided into different grades, each quantity of each of the different grades; It may be composed of one or more lots;
“container” means a bag or a bulk container;
“grain cereals” means barley, buckwheat, sorghum, maize, millet, oats, rice, rye or wheat;
“legumes” include the following—
(a) Beans of Phaseolusspp;
(b) Lentils of Lens culinarisMedic. Syn. Lens esculentaMoench.;
(c) Peas of PisumsativumL;
(d) Chick peas of CicerarientinumL.;
(e) Field beans of ViciafabaL.;
(f) Cow peas of Vignaunguiculata(L.) Walp., syn. Vignasesquipedalis Fruhw., Vigna sinensis(L.) SaviexdHassk;
(g) Jugo beans/bambara groundnut (Vigna subterranean);
(h) Mungbean (Vigna radiate);
(i) Groundnut/peanut (Arachishypogaea L.); and
(j) Soyabean (Glycine max L. Merr.);
“lot” means a definitive quantity of a commodity produced essentially under the same conditions;
“noxious seeds” means seeds or part of seeds of a plant species that may in terms of the Act represent a hazard to human or animal health when consumed, including seeds of Argemonemexicana L., Convolvulus spp., Crotalaria spp., Datura spp., Ipomoea spp., Loliumtemulentum, Ricinuscommunis or Xanthium spp.;
“oilseeds” means groundnuts, oilseed rape (canola), soya beans or sunflower seeds; and
“plant species” means a plant bearing poisonous seeds and the poisonous seeds are identified to be Argemone Mexicana L., Convolvulus species, Crotalaria species, Jimson Weed (Datura species), Ipomea purpurea Roth, Lolium termulentum, Castor bean (Ricinus communis L) or Xamthium species.
These Regulations apply to grain cereals, legumes or oilseeds intended for human consumption when the grain cereals, legumes or oilseeds are imported into, marketed, produced or sold in Botswana.
4. Poisonous seeds in grain cereals, legumes and oilseeds intended for human consumption
(1) Grain cereals, legumes or oilseeds intended for human consumption shall not contain—
(a) seeds of—
(i) Crotalaria (Crotalaria spp.),
(ii) Jimson weed (Datura spp.),
(iii) Castor bean (RicinuscommunisL.), and
(iv) Corn cockle (AgrostemmagithagoL.)
because the presence of noxious seeds renders the grain cereals, legumes and oilseeds unsuitable for the manufacture of food products for human consumption; and
(b) seeds of—
(i) (Mexican Prickly Poppy Argemone Mexicana L.,
(ii) Convolvulus species,
(iii) Common Morning Glory (Ipomea purpurea L. Roth,
(iv) Darnel Ryegrass (Lolium termulentum),
(v) Cocklebur (Xamthium species), and
(vi) Corn cockle (AgrostemmagithagoL.),
because the presence of noxious seeds renders the grain cereals, legumes and oilseeds unsuitable for the manufacture of food products for human consumption.
(2) Notwithstanding the provisions of subregulation (1), where grain cereal, legumes or oilseeds are to undergo sifting or any other process to eliminate poisonous seeds of any plant species before the sale of the cereal grains, legumes or oilseeds as food for human consumption, these Regulations shall apply after the sifting or other processes has taken place.
(3) Food that is covered by these Regulations shall be free from other poisonous seeds or any other noxious or materials commonly recognised as harmful to health in amounts which may be injurious to human health.
5. Duty of persons importing, marketing, producing or selling
A person responsible for importing, marketing, producing or selling for human consumption shall—
(a) ensure that the consignment or bag has been tested for the presence of noxious seeds; and
(b) produce documentation upon request by an authorised officer as evidence that the product does not contain noxious seeds above the specified limit.
6. Power of authorised officer
(1) An authorised officer may at all reasonable times enter the premises or examine a truck in respect of which he is authorised to be an inspector for the purpose of ascertaining the quantity of noxious seed in a container, consignment or truck therein.
(2) An authorised officer may demand that the importer, producer or seller of the product submit to the authorised officer any documentation from a competent authority relating to tests carried out to determine the quantity of noxious seeds.
(3) An authorised officer may take a sample of the product for verification, and shall conduct the assessment in accordance with regulations 7, 9 and 10.
(4) Where an authorised officer finds that the product does not comply with the specifications stated at regulation 4(1), he may by notice in writing, to the person responsible, require that person to subject the product to further processing in accordance with regulation 4(2) to attain compliance within a time to be specified in the notice.
(5) The notice shall state the particular noxious seeds which have been found, and, as far as practicable, the quantity per 1000g.
7. Determination of quantity of noxious seeds
The number of noxious seeds in a consignment is determined by—
(a) obtaining a working sample of at least 2 kg of the grain from either a random or a deviating sample, as the case may be;
(b) sorting the working sample in such a manner that the noxious seeds are retained;
(c) determining the number of noxious seeds; or
(d) the quantity of noxious seeds in the consignment concerned.
(1) No consignment may be rejected before a further two analyses are made from an additional sample obtained from the same or an additional random sample:
Provided that the average of the results of all such analyses shall be regarded as the result in respect of the consignment concerned.
(2) An authorised officer shall, if he had drawn a deviating sample in accordance with regulation 9(3), reject the consignment if the average of the results of at least two analyses of the deviating sample does not comply with the provisions of these regulations.
(1) An authorised officer shall, for the purpose of these regulations, draw a random sample in the following manner—
(a) in the case of grains in bags—
(i) small quantities of the grain shall be drawn in such a manner from a number of bags which is at least equal to the square root of the total number of bags in the consignment, that the samples drawn will be representative of the whole consignment, and
(ii) the samples shall be collected in a container and mixed thoroughly;
(b) in the case of grains in bulk—
(i) samples of grains presented in bulk containers, excluding grain elevators, shall be drawn at each hatch or from at least six different places, chosen at random throughout the full depth of the consignment with a bulk grain probe in such a manner that the samples drawn shall be representative of the contents of the bulk container,
(ii) the collective sample from each bulk container shall be mixed thoroughly and kept separate for each bulk container for further examination and shall have a total mass of at least 10 kg,
(iii) samples of grains which are loaded from a grain elevator into a railway truck or road truck shall be drawn at regular intervals at the outflow of the shipping bins on to the conveyor belts in such a manner that the samples drawn shall be representative of the consignment which is loaded:
Provided that each separate sample shall be mixed thoroughly before further examination and the collective sample shall have a total mass of at least 10 kg,
(iv) an authorised officer may at any time draw samples of grains from any part of a grain elevator, and
(v) the sample drawn from a consignment must be kept in two separate lots.
(1) Where an authorised officer notices, during the course of drawing the random samples or during the inspection, that any of the quantities of grain taken from any bag or portion of a bulk container are obviously inferior to, or differ from the contents of the containers which represent the remainder of the bags or from the other parts of the bulk container, he shall—
(a) draw samples only out of such bags or portion of a bulk container with the inferior or differing grain; and
(b) place them in a container and mix thoroughly.
(2) Samples drawn in accordance with subregulation 1 shall be considered as deviating samples and the inspection results shall be based only on samples drawn from the containers of the deviating portion.
A working sample shall be obtained by dividing the random or deviating sample of the consignment as set out in the Schedule.
(1) Any person who refuses to allow an authorised officer on to a premises, or not allowing an authorised person to bring any other person or equipment with him on to a premises or carry out any work in the exercise of the authorised person’s powers under these Regulations shall be guilty of an offence.
(2) Any person who obstructs or impedes an authorised officer in the exercise of the authorised officer’s powers shall be guilty of an offence.
(3) Any person who gives to an authorised officer information which, to the knowledge of the person giving it, is false or misleading in a material respect shall be guilty of an offence.
(4) Any person who fails or refuses to comply with a direction or requirement of an authorised officer shall be guilty of an offence.
(5) Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other similar officer of the body corporate, or of a person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence.
(6) Where the affairs of a body corporate are managed by its members, subregulation (5) shall apply in relation to the acts and defaults of a member in connection with that member’s functions of management as if that member was a director of the body corporate.
(1) A person who contravenes the provisions of regulation 12 or any other provision of these Regulations commits an offence and is liable—
(a) for a first offence to a fine not exceeding P1 000 to imprisonment for a term not exceeding three months, and where the offence is a continuing offence, to an additional fine not exceeding P500 for each day on which the offence continues up to a maximum of P5 000; and
(b) for a second or subsequent offence, to a fine not exceeding P5 000 or to imprisonment for a term not exceeding six months.
(2) A court may, on conviction of any person for an offence under these Regulations, in addition to any other penalty it may impose, cancel or suspend any licence or permit issued to that person which is relevant to the offence committed.
(3) Where a person has been convicted of an offence under these Regulations, the court convicting him may order that any article relevant to the offence be forfeited and that it be destroyed or otherwise disposed of, as the court deems fit.
(regulation 11)
Sampling, Equipment and Methods
Representative sampling:
• The consignment should be divided into primary units of equal size or status, which may be sampled. For bagged grain, each bag may be regarded as a primary unit. For bulk grain, the primary unit may be expressed in terms of weight, if the grain is being moved, or volume, when it is static – as in a truck or bin.
• All primary units should have an equal opportunity of being sampled. This is possible only during the construction or dismantling of a stack, the loading or off-loading of a truck, or when bulk grain is being moved.
The method should select, without bias, a representative number of primary units from the consignment.
Sampling points in bulk grain carriers:
|
|
Truck containing up to 15 tonnes five sampling points (middle and approximately 50 cm from sides) Truck containing 15 to 30 tonnes eight sampling points. Truck containing 30 to 50 tonnes eleven sampling points. |
Source: International Standard ISO 950
Working sample size
Equivalent minimum working sample weights are:
|
Maize (small grain) |
200g |
|
Maize (large grain) |
250g |
|
Sorghum |
25g |
|
Black-eyed cowpeas |
150g |
|
Wheat |
25g |
|
Bulrush millet |
10g |
|
Paddy |
15g |
Selection of Bags for Sampling.
|
Number of bags in consignment |
Number of bags to be sampled |
|
Up to 10 |
Every bag |
|
11 to 100 |
10, drawn at random |
|
More than 100 |
Square root (approximately) of the total number of bags drawn at random according to a suitable scheme. |
Minimum working sample weights of 250g and 1000g are required in general for the examination.
FOOD CONTROL (INSPECTIONS AND INVESTIGATIONS OF FOOD AT FOOD PREMISES) REGULATIONS
(section 13)
(26th May, 2023)
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation
2. Interpretation
3. Application
4. Inspection and investigation powers
5. Detention of food
6. Seizure and destruction of food
7. Rectification of certain conditions
8. Inspection report
9. Duties of a public analyst
10. Offences and penalties
S.I. 62, 2023.
These Regulations may be cited as the Food Control (Inspections and Investigations of Food at Food Premises) Regulations.
In these Regulations, unless the context otherwise requires—
“handle” includes the manufacturing, processing, production, packaging, preparation, keeping, offering, storage, transportation or display of food for sale or for serving, and “handling” has a corresponding meaning;
“lot” means the definitive quantity of a commodity produced essentially under the same conditions;
“person in charge”, includes a person who is responsible for the food or food premises, or the agent in the case of imported food; and
“sample” means a portion consisting of one or more units of a food of a larger quantity of a food, drawn by an authorised officer in terms of the provisions of these Regulations.
These Regulations shall apply to the conduct of authorised officers and public analysts during inspections and investigations of food and food premises as provided for under the Act.
4. Inspection and investigation powers
(1) An authorised officer may, with regard to food premises—
(a) demand from the person in charge of such food premises, any book, document or object that must be kept or displayed in terms of the Act or that relates to any matter provided for by the Act and that is or was in the possession or in the custody or under the control of such person, or that is on or in the food premises;
(b) make an extract from or a copy of a book or document referred to in paragraph (a);
(c) question the person referred to in paragraph (a) with regard to any matter provided for in the Act and obtain information regarding any activity or process or entry in a book or document referred to in paragraph (a);
(d) demand any information for the purpose of preventing a foodborne disease, from—
(i) the person referred to in paragraph (a), or
(ii) any other person who has at any time been on the premises;
(e) examine any food that is found on the food premises and take appropriate action;
(f) examine any appliance, product, material, object or substance that is found and that is used or suspected to be used, destined or intended for use in connection with the manufacture, treatment, grading, packing, marking, labelling, storage, conveyance, serving, administration or handling of any food or any other operation or activity in connection with any food, and open any package or container of the food, product, material, object or substance; or
(g) where he has reason to suspect that the food is unsound or defective, adulterated, contaminated and not fit for human consumption, take some of the food contemplated in paragraph (e), in whatever kind of package or container as he may require, as a sample, for the purpose of testing or analysing by a public analyst—
(i) without payment, where the authorised officer has reason to suspect that the food is unsound or defective, adulterated, contaminated and not fit for human consumption; or
(ii) by offering payment to the person in charge, where the authorised officer is taking the sample for purposes of verifying compliance with any other requirement of the Act.
(2) An authorised officer shall, for the purpose of collecting a sample in accordance with these Regulations—
(a) take a sample of the food in the presence of—
(i) the person in charge of food premises, or
(ii) any other person who is employed in those premises, as a witness if the person in charge is not present;
(b) as soon as practicable after obtaining the sample in accordance with paragraph (a)(ii) notify, in writing, the person in charge, of the taking of the sample and of the purpose thereof;
(c) notify, in writing, the person in charge, whether a part of the sample is required for examination or analysis, in Form A set out in Schedule I, and if so, the authorised officer shall—
(i) divide the sample in a manner as its nature permits, into three separate parts which shall be as identical as possible, and one of the portions shall be handed to the person in charge, another one sent to a public analyst for analysis or examination and the other to be appropriately preserved by the authorised officer until the case is finalised,
(ii) if the contents of one package are not sufficient for analysis or examination when divided in accordance with subparagraph (i), obtain additional packages of the food, similarly labelled of the same lot and purporting to contain a similar article and mix the contents of two or more of the packages and divide the mixture and deal with it as provided for in subparagraph (i), and
(iii) pack, seal, using temper seal proof, and label, with indelible marking, each of the three parts of the sample referred to in subparagraphs (i) and (ii), using Form B set out in Schedule I, to indicate the sample’s nature, origin and identify it with—
(aa) an identification number,
(bb) concise details regarding the contents,
(cc) the nature of the examination or analysis required,
(dd) the date on which the sample was taken,
(ee) the name and work address of the person referred to in paragraph (a) from whom the sample was taken, and
(ff) the quantity of the sample taken;
(d) in the case of perishable food, or food in a sealed package, or where the opening of the package would hamper analysis or examination, or where no person referred to in paragraph (a) is present, pack, seal and label the sample to indicate its origin, nature and to identify it as indicated in paragraph (c)(iii) and send to a public analyst for analysis or examination;
(e) send to a public analyst the original label of the sample, if any, or a copy thereof shall accompany the sample;
(f) in the case of milk or cream sampled for chemical or compositional analysis, add a recommended preservative under Schedule II, where necessary:
Provided that the preservative is added to the sample after consulting a public analyst and in the presence of the person referred to in paragraph (a), and the person has been informed of the nature of the preservative;
(g) use a sterilised equipment for taking a sample for bacteriological analysis and shall transfer the sample to a sterile container to prevent the contamination of the sample; and
(h) deliver the sample to a public analyst by any convenient means provided the authorised officer’s seal remains intact and maintains the sample’s integrity during transportation.
(3) The sterile container referred to under subregulation (2)(g), shall immediately be placed in a container or cooler box surrounded by ice packs or any other suitable refrigerant which comes into contact with the sterile container and is capable of reducing the temperature of the sample to seven degrees Celsius and maintaining it at or below seven degrees Celsius, but not frozen, until it is delivered to a public analyst.
(4) An authorised officer shall deliver a sample to a public analyst by any convenient means:
Provided that the seal remains intact to maintain the sample’s integrity during transportation.
(5) In carrying out the procedure outlined under subregulation (2), an authorised officer shall, when sampling milk or milk products, where applicable, take into consideration contents of the International Standard: ISO 707: Milk and Milk Products-Guidance on Sampling, and Codex Alimentarius Guidelines on Sampling.
(6) An authorised officer shall take measures to prevent contamination during handling; sampling, division, sealing, transportation and storage before submission to a public analyst.
(7) Any person who obstructs an authorised officer from carrying out his duties commits an offence.
(1) An authorised officer may, pending the examination or analysis of a sample by a public analyst, by a written notice, in accordance with Form C set out in Schedule I, detain the whole lot or consignment of food in any kind of package or container it may be, on or in the premises concerned from which that sample was taken.
(2) The authorised officer may lock up, seal, mark, fasten or otherwise secure the detained food in the premises or any other premises.
(3) A notice referred to in subregulation (1)—
(a) shall be served on the person referred to in regulation 4(1)(a);
(b) shall be binding for the period stated in the notice, which period shall not exceed a period of 30 days provided that the food is maintained in an unadulterated state;
(c) may be withdrawn at any time during the period referred to in the notice; or
(d) may be extended to a maximum period of 30 days if the initial period was less than 30 days.
(4) A person shall not, without the written permission of an authorised officer, remove any food detained in terms of subregulation (1) from the place where it is being detained, or deal with it in any other manner.
(5) If the results of an examination or analysis of a sample indicate that a sample is wholesome, the lot or food consignment detained under these Regulations may, by a written notice in accordance with Form D set out in Schedule I, be released.
6. Seizure and destruction of food
(1) An authorised officer may—
(a) after an examination of any food in accordance with regulation 4(1)(e), where he is satisfied that the food is defective, adulterated or contaminated and not fit for human consumption; or
(b) where it appears from the testing or analysis of a sample referred to in regulation 4(1)(g) that the sample or any part of it is defective, adulterated or contaminated and not fit for human consumption,
by a written notice in accordance with Form E set out in Schedule I, seize and destroy the food concerned, the lot or consignment of food from which the sample was taken if the authorised officer is satisfied that the food in the lot or consignment is in the same condition or possesses the same properties as the sample.
(2) A notice referred to in subregulation (1) shall—
(a) be served on the person in charge referred to in regulation 4(1)(a); and
(b) clearly set out the applicable provisions of this regulation.
(3) A lot or consignment of food seized under this regulation shall be held at a place selected by the authorised officer until destroyed and disposed of in a manner approved by the authorised officer.
(4) Subject to the provisions of this regulation, a person in charge shall not, without any written authority from an authorised officer—
(a) remove any food seized in terms of this regulation from the premises referred to in subregulation (3); or
(b) sell the food, or deal with the food in any other manner.
(5) An authorised officer who grants a written authority referred to in subregulation (4) may impose any necessary conditions with regard to the transportation and further storage of the food concerned.
(6) An authorised officer acting in terms of this regulation shall issue to the person in charge referred to in regulation 4(1)(a), a written certificate for the removal and safe disposal of the seized food, in accordance with Form F set out in Schedule I, stating the kind and quantity of food removed for safe disposal and the reason for removing it.
(7) Where the person referred to in regulation 4(1)(a) does not consent to the seizure and destruction of food referred to in subregulation (1), an authorised officer may apply to the court of a Magistrate Grade I, Senior Magistrate or Principal Magistrate, for permission to destroy any such food or article, and the court may make such order as it may deem fit.
(8) Where the court orders for the condemnation of food, an authorised officer shall—
(a) dispose of the food in accordance with the decision of the magistrate;
(b) ensure that that the method of disposal used, completely removes the food from the channels of trade; and
(c) fill in and issue a condemnation certificate in accordance with Form G set out in Schedule I, to the person in charge, owner or owner’s agent.
(9) A person in charge who fails to comply with the provisions of this regulation commits an offence.
7. Rectification of certain conditions
(1) If an authorised officer is of the opinion that, in relation to food premises or food contemplated in the Act, activities or conditions exist which are dangerous or harmful or likely to be dangerous or harmful to health or which are likely to favour the spread or impede the prevention of a foodborne disease, he shall issue a written notice, in accordance with Form H set out in Schedule I instructing that—
(a) any activity or condition stated in the notice must be rectified immediately or within a specified period determined by the authorised officer; or
(b) if the activity or condition is due to failure to comply with the requirements of the Act, the person in charge must comply with the requirements of the Act.
(2) A person in charge who fails to comply with the provisions of this regulation commits an offence.
(1) An authorised officer shall, within 14 days after completing an inspection or an investigation of food premises, compile an inspection report, in accordance with Form I set out in Schedule I and—
(a) deliver by hand a copy of the report; or
(b) send a copy of the report by registered mail or courier,
to the person referred to in regulation 4(1)(a).
(2) An authorised officer who fails to comply with the provisions of this regulation commits an offence.
A public analyst shall—
(a) after testing any sample referred to him by an authorised officer under section 6(11) or regulation 4(2), complete Form J set out in the Schedule I;
(b) in case of milk or cream or other liquid form, besides any other aspects which have to be investigated, determine and report whether a preservative is present and, if so, whether it is a preservative prescribed by regulation for that purpose;
(c) in case of a sample of food which is not perishable and which is found on analysis or examination to be adulterated or falsely described or otherwise not to comply with the requirements of the Act, and which was not divided by an authorised officer, close, seal and carefully retain the unused portion of the sample, if any, until after the conclusion of any prosecution in connection with the case;
(d) where possible, retain the sample referred to in paragraph (c), in an original container;
(e) ensure that container or storage conditions shall not affect the integrity of a sample;
(f) use a tamper proof seal whose composition shall not alter the chemical or biological composition of the sample therein;
(g) ensure that a non-perishable sample shall be preserved appropriately to prolong its stability pending conclusion of the case; and
(h) apply the corporate procedures to ensure the validity of the results as stipulated in ISO 17025.
(1) A person who—
(a) obstructs or impedes an authorised officer from carrying out any work in the exercise of the authorised officer’s powers under these Regulations;
(b) gives an authorised person information which, to the knowledge of the person giving it, is false or misleading; or
(c) fails or refuses to comply with the direction or requirements of an authorised person,
commits an offence.
(2) A person who contravenes the provisions of these Regulations commits an offence and is liable—
(a) for a first offence, to a fine not exceeding P1 000 or to imprisonment for a term not exceeding three months, and where the offence is a continuing offence, to an additional fine not exceeding P500 or imprisonment for a term not exceeding one month for each day on which the offence continues; and
(b) for a second or subsequent offence, to a fine not exceeding P5 000 or to imprisonment for a term not exceeding six months, and where the offence is a continuing offence, to an additional fine not exceeding P2 000 or imprisonment for a term not exceeding two months for each day on which the offence continues.
(3) A court may, on the conviction of any person for an offence under these Regulations, in addition to any other penalty it may impose, revoke or suspend any licence or permit issued to that person which is relevant to the offence committed.
(4) Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in such capacity, the person as well as the body corporate commits an offence and liable to a fine not exceeding P4 000 or to imprisonment for a term not exceeding three months, or to both.
FORM A
(reg. 4(2)(c))
(HEALTH AUTHORITY’S LETTERHEAD AND CONTACT DETAILS)
SAMPLING NOTIFICATION AND RECEIPT FOR EXAMINATION OR ANALYSIS
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To: ………………………………………………………………………………………………………………………. |
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I ………………………………………………………… have this ………………………………………… day of ……………………… 20…… taken/procured/purchased sample of the hereunder detailed product(s) from the premises situated at ……………………………………., under the powers vested in me under section 6(1b) of the Food Control Act, 1993 for further examination. If I consider it necessary, will have the same analysed by an Analyst. |
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I now offer to divide the same into three parts to be now separated, each part to be labelled, one of them to be tendered to you. Do you require a sample? Yes/No |
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Details of food article(s) sampled |
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Food article(s) |
Quantity taken |
Batch No. |
Date of manufacture |
Expiry date |
Estimated monetary value |
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Indicate whether sample was divided or not?………………………………………………………………. |
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Nature of examination ………………………………………………………………………………………….. |
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STATEMENT BY PERSON IN CHARGE |
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I ……………………………………………………………….. certify that ………………………………………. |
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(Name of authorised officer) |
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has collected the above-mentioned sample(s) and divided it into three approximately equal parts and that— |
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(a) one part of each sample has been given to me and was accepted; |
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(b) I did not accept the offer of division of the sample. (Delete where appropriate). |
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………………………………………………….. |
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Where the person in charge refuses to sign, an authorised officer shall call upon one or more witnesses and take their signature, in lieu of the signature of such person. |
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Witnesses: |
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1 …………………………….. |
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2 …………………………….. |
FORM B
(reg. 4(2)(c)(iii))
(HEALTH AUTHORITY’S LETTERHEAD AND CONTACT DETAILS)
LABEL OF A SAMPLE TAKEN FOR ANALYSIS OR EXAMINATION
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Name and physical address of business ……………………………………………………………………… |
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Name of person in charge from whom the sample was obtained ………………………………………… |
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Name and type of product/concise details of contents ……………………………………………………. |
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………………………………………………………………………………………………………………………….. |
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………………………………………………………………………………………………………………………….. |
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Authorised officer’s seal number function a1(msg) { myWindow=window.open(”,”,’width=305,height=156,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}* ………………………………………………………………………………. |
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Nature of examination or analysis required …………………………………………………………………… |
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………………………………………………………………………………………………………………………….. |
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……………………….. ………………………….. |
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Quantity taken ……………………………………………………………………………………………………… |
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Indicate whether sample was divided or not? ………………………………………………………………… |
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Date dispatched to analyst |
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………………………………………………………………………………………………………………………….. |
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………………………………………………….. |
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………………………………………………….. |
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FORM C
(reg. 5(1))
(HEALTH AUTHORITY’S LETTERHEAD AND CONTACT DETAILS)
NOTICE FOR DETENTION OF FOOD
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To: ………………………………………………………………………………………………………………… |
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In terms of the above-mentioned regulations, the following food article(s) are hereby detained at the premises situated at ………………………………………………………………………………………………… from ……………………………………………………….. to ……………………………………………………….. pending the examination or analysis of the sample. |
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Food article(s) |
Quantity |
Batch No. |
Expiry date |
Estimated monetary value |
Reason for detention |
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ACKNOWLEDGMENT OF CUSTODY BY THE PERSON IN CHARGE |
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I ……………………………………….. (name of person in charge) acknowledge that I will provide safe custody to the food article(s). |
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Person in charge statement or remarks (if any): ……………………………………………………………. |
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Where the person in charge refuses to sign, an authorised officer shall call upon one or more witnesses and take their signature, in lieu of the signature of such person. |
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Witnesses: |
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1 …………………………….. |
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2 …………………………….. |
FORM D
(reg. 5(5))
(HEALTH AUTHORITY’S LETTERHEAD AND CONTACT DETAILS)
FOOD RELEASE NOTICE
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To: ……………………………………………………………………………………………………………….. |
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Further to the notice served on you under regulation 5(1), the undermentioned food(s) or food product(s) have been found to comply with the Act. You are hereby informed that the said notice is withdrawn, and the detention of the said food(s) or food product(s) is therefore lifted. |
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Details of the food article(s) released |
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Food article(s) |
Quantity |
Batch No. |
Expiry date |
Estimated monetary value |
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ACKNOWLEDGMENT OF RELEASE BY THE PERSON IN CHARGE |
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I ………………………………………………… (name of person in charge) acknowledge that the above-mentioned food article(s) have been received. |
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…………………………………….. |
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Person in charge statement or remarks (if any): ……………………………………………………………. |
FORM E
(reg. 6(1))
(HEALTH AUTHORITY’S LETTERHEAD AND CONTACT DETAILS)
NOTICE FOR THE SEIZURE OF FOOD
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To: ……………………………………………………………………………………………………………… |
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Whereas I ………………………………………………………………… (Name of Authorised Officer) have reason to believe that the stock of food article(s) detailed below which is in your possession at the premises at …………………………………………………………….. contravenes the provisions of the Food Control Act or the Regulations made thereunder. In terms of the above-mentioned regulations, the following food(s) is deemed to be unfit for human consumption, non-compliant to specification and/or regulations as verified by an inspection and examination or analysis. Now therefore, I hereby seize the said food articles(s) under the provisions of section ……………….. of the said Act, and direct you to keep the said stock in safe custody subject to such orders as may be issued subsequently in relation thereto. Be it known to you that removal or alteration or interference in any way with the said food article(s) without my authority is an offence under section …………….. of the said Act. |
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Details of food article(s) seized |
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Food article(s) |
Quantity |
Batch No. |
Expiry date |
Estimated monetary value |
Reason for seizure |
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I hereby further order you to sign your name on the seizure form as a declaration of your acknowledgment of receipt of the notice with the said food article(s) intact as mentioned above. |
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Where the person in charge refuses to sign, an authorised officer shall call upon one or more witnesses and take their signature, in lieu of the signature of such person. |
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Witnesses: |
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1 ……………………………………. |
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2 ……………………………………. |
FORM F
(reg. 6(6))
(HEALTH AUTHORITY’S LETTERHEAD AND CONTACT DETAILS)
CERTIFICATE OF VOLUNTARY SURRENDER AND SAFE DISPOSAL OF FOODSTUFF
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To: ……………………………………………………………………………………………………………. |
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(Name and address of owner/agent) |
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Date: …………………………………… |
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This is to certify that the undermentioned food has been removed and will be destroyed for the following reasons as indicated. |
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PART A |
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Food article(s) |
Quantity |
Batch No. |
Expiry date |
Estimated monetary value |
Reason for surrender |
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PART B |
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I …………………………….. hereby voluntarily surrender the above-named food article(s) to the authorised officer and agree to its removal and safe disposal as he/she deems fit. |
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PART C |
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I certify that I have examined the above-name food article(s) and I am of the opinion that it is unsound and unfit for human consumption due to facts stated above and hereby condemn it and destroy/dispose it by ………………………………………… under my supervision. |
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FORM G
(reg. 6(8))
(HEALTH AUTHORITY’S LETTERHEAD AND CONTACT DETAILS)
CERTIFICATE OF COMPULSORY CONDEMNATION OF FOODSTUFF
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To: ………………………………………………………………………………………………………………. |
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(Name and address of owner/agent) |
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Date: ………………………….. |
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PART A |
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Food article(s) |
Quantity |
Batch No. |
Expiry date |
Estimated monetary value |
Reason for unfitness |
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PART B |
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I certify that I have examined the above-named food article(s) and I am of the opinion that it is unsound and unfit for human consumption due to the reasons stated above and hereby recommend that the said food article(s) be condemned and destroyed or otherwise disposed of by order of court. |
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………………………………………………. |
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………………………………………………. |
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PART C |
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I certify that I have examined the above-named food article(s) and being of the opinion that it is unfit for human consumption, hereby condemn it/them and order it/them to be destroyed or disposed of by …………………………………………………………………………………………………… |
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PART D |
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I certify that the above-named food article(s) has/have been destroyed/disposed of as ordered, under my supervision. |
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FORM H
(reg. 7(1))
(HEALTH AUTHORITY’S LETTERHEAD AND CONTACT DETAILS)
RECTIFICATION NOTICE
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To: ………………………………………………………………………………………………………………………. |
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(Name and address of food business/owner/agent) |
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DATE OF INSPECTION ……………………………………………………………………………………………. |
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It is hereby instructed that the following condition(s) existing on the above-mentioned food premises be rectified immediately, or by the following date(s): |
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……………………………………………………………………………………………………………………………. |
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FORM I
(reg. 8(1))
(HEALTH AUTHORITY’S LETTERHEAD AND CONTACT DETAILS)
INSPECTION REPORT
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Name of Establishment: |
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………………………………………………………………………………………………………………………. |
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Address of Premises: |
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………………………………………………………………………………………………………………………. |
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Postal Address: |
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Name of Person in charge: |
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Date and time of inspection: |
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Inspection Report: |
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The inspection report shall include but not limited to the following— |
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Background: |
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FORM J
(reg. 9(a))
(LABORATORY’S LETTERHEAD AND CONTACT DETAILS)
CERTIFICATE OF ANALYSIS BY PUBLIC ANALYST
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To: ………………………………………………………………………………………………………………………. |
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I, ……………………………………………………………………………… a public analyst authorised, under section 5 of the Act, certify that on the …………………………… day of …………………………………… 20….. I received sample(s) of identification numbers …………………………………………………… from ………………………………………….. of …………………………………………………… a sample stated by him/her to be of …………………………… The sample was contained in an intact package bearing the authorised officer’s identification number …………………………………………………………, and with the authorised officer’s seal impressed (1) …………………………………………. which was intact, and with the label/copy of the label attached (2). I further certify that the sample(s) has been analysed by me or under my direction and the results of analysis is as follows: ………………………………………………………………………………………………………………………….. |
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Given under my hand this ………………. day of ………………………….. 20……. |
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………………………………….. …………………………….. |
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(>1>) Insert seal number/or describe the seal (whichever is applicable) |
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(>2>) Strike out the words if there is no label |
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Attach original label or copy thereof. |
(reg. 4(2)(f))
RECOMMENDED PRESERVATIVES FOR CHEMICAL AND COMPOSITIONAL ANALYSIS OF MILK AND CREAM
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Preservative |
Concentration in the milk (volume for volume) |
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Broad spectrum microtabs (tablets) containing bronopol and natamycin |
1 tablet/40 ml milk |
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Bronopol |
0.04% |
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Sodium azide |
0.02% |
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Azidiol |
0.4% |
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Tricresol |
1% |