Hexlth Services Cap. 44

HEALTH SER\'ICI-7 (FOOD HYGIENE) S.I. 19~9/232. RI-;GL;I.:ZTI OKS. 1969

1978/111.

h~lade by thc Minister under section 10 of the Ijealth Services Cap-

Act.

1. These Regulations may be cited as the Health Services (Food Hygiene) Regulations, 1969.

2. ( I j For the purposes of these regulations- I I business " illcludes the undertaking of a canteen, club, school,

hospital or institution, whether carried on for profit or not; c l certificate of esemption ", in relation to a food business,

means a certificate for the time being in force and granted in accordance \\:it11 the pro\.isions of regulation 28;

l l container " includes any basket, pail, tray, package or receptacle of any kind, whether open or closed;

l l contamination " includes contamination by rodents, dust, flies a ~ d other insects 2nd by odours, and " contaminated " shall be construed accordingly;

l l equipment " includes apparatus, furnishings and utensils used for the storage, preparation and distribution of food and drink;

fish " means cooked or uncooked fish (including cured or snloked fish) ancl illclutles any other form of sea-food;

" food " includes any live or dead animal or fish or part thereof and any other article used for food or drink by man, other than drugs or \vater, or any other article which ordinarily entcrs into or is used in the composition or preparation of

TfiE LAWS OF BARBADOS

Printrd in England by Eyrc and Spnttiru.odc Limited. 2 Srrjrants' Inn. London EC4, by authority of tlbc Govcrnrncnt of Barbados

CAP. 44 Healtlr Services neg. 2 (Food Hy~iene) l?cgulc~ions --

2

11lini;in hod or fla\rouring matters and condiments, in- tendctl fos s;ilc, or sold, for human consumption;

L c food busillcss " Ilas tile mcai~ing assigncd to it by regulation 3; l L food prerniscs " nicans any ~~i-crnises on or from iirliicli there

is carried on any food business, and i~icludes a stall; food roolil '' means any room in which any person engages

in t l ~ e Iiandling of food or in the cleaning of equipment for thc ~~urposcs of a food business, but does not include-

jn) a room used as a slecping place if the only handling of food ~vhich occurs in the room is in the course of serving food there to any person occupying it as a sleeping place;

( 6 ) a roonl con~municating with 2 room used as a sleeping place if the only handling of food which occurs in th.e room is in the course of serving food thece to any person (not being a person carrying on a food business at the prenlises which include the room of a person employed by him) by whom the room is occupied as a sleeping place; or

( c ) a day room in a hospital or in a home for the reception of aged or disabled persons;

< L meat " means the flesh (including edible offal and fat) of cattle, swine, sheep, rabbits, poultry and goats, which is sold or intended for sale for human consumption, and includes bacon and ham;

" open food " means food not contained in containers and so closed as to exclude all risk of contamination;

< < premises " mcnns a building or part of a building and any forecourt, !.asd or place of storage used in connection uith a building;

L L preparation ", in relation to food, includes manufacture and any form of treatment, and " prepared " shall be construed accoi-dingly ;

" stall '' includcs any stand, marquee, tent or mobile cant-zn.

(2) -3 person shall be deemed for the purpose of these regulations to engage in the handling of food if for the purpose of a food business he carries out or assists in the carrying out of

Health Scruiccs CAP. 44 (1;ood H r g icnc) Regu1ntion.r reg. 3

an). pl-occss 01- opcratior~ i l l tile sale of food 01. in t11~ preparation, transport, storage, p;lCking, wrapping, exposure for sale, service or delivery OS i'ootl.

(3) For the purposc of thcsc rcgulntions. the suppiy of food otlier\visc than by salc: at, i l l or h-on) ally place ichcre food is su~1jlied in the course of a l~usi~iess, shall be tlrc~iicd to be a sale of tliat food, ant1 rcfcrences to purchasing and purchasers shall be construed accc)rdingly; and \\-here in co~lnection \\lit11 any business in the course of \vhich food is supplied the place \\.here food is sel-ved to customers is different fi-on1 t11c place wl~ere food is consumed, both these places shall be deemed to be places in which food is sold.

3. (1) In these regulations " food business " means, subject to paragraph ( 2 ) , any trade or business for the purposes of which any person engages in the handling of food, and includes the undertaking of a canteen, club, school, hospital or institu- tion, ~vhether carried on for profit or not.

(2) The espression " food business " does not include any agricultural acti\.ity or (except so far as the l~andling of food may be involved in the course of a retail business or in the course of supplying food for immediate consumption) so much of any trade or business as consists of the handling of food at, in or upon-

(c) any dock, wharf, careenage, public warehouse or cold store; or

( b ) (except for any requirements relating to the transport and carrying oC meat) any premises or place occupied by a carrier of goods for the purposes of his trade or busiriess as such a carrier; or

(c) any slaughter-house; or

(d) any premises or places occupied by a \vholesaler of raw vegetables and used exclusively for the purposes of his trade or business as such a wholesaler; or

( e ) any premises which are not used for the storage of open food.

TXiE LAWS OF BARBADOS

I'rinrcd in E-~ land by Eyrc m d Sportisroodc Limitrd. 2 Scrjcnlts' Inn. London EC4. by authuriry of t l ~ c Govcrnmcnt d Barbados

ChP. 44 Htaltlr Scrr!ices rcgs. 4-G (Food Hygiene) Kcgulat iotu

4. (1) No food b ~ ~ s i ~ ~ c s s ailall be carried on in any insanitary ~w(:~l~ises, stall or p1ac.c. 01- in ally I)I.CIII~SCS, stall or place the use of \vl~icli because of tlie situation, construction or condition tl1c.1-cof csposes food to tlie risk of contamination.

(2) All multi-use utensils used for preparing, serving, eating, or drinl;ing of food shall be thorouglily cleaneci after each usage.

(3) Singlc-service containers shall be used once.

(4) Drying cloths, if used, shall be clean and reasonably dry and shall be used for no other purpose.

(5) No article, polish or other substance containing any cyanide preparation or other poisonous material shall be used for cleaning or polishing of any utensil which is used for tAe preparation, storage or serving offood.

(6) \\'ithout prejudice to the provisions of the preceding paragraplis, all containers (including returnable containers) intended for use ivith food in the course of a food business, whether or not they come into contact, or are liable to come into contact, wit11 food, shall SO far as is reasonably practicable, be protected and kept free from contamination.

Requirements Relating to Persons Engaged i n the Handling of Food

5. A person who engages in the handling of food shall, while so engaged, protect the food from risk of contan~ination, and in particular, \\.ithout prejudice to the generali? of the foregoing-

( a ) shall not so place the food, or permit it to be so placed,. as to involve any risk of ccntamination;

( b ) shall not in or about any alley, yard, market or stall place an); food lower than eighteen inches from the ground unless it is adequately protected by other means from risk of contamination.

6. (1) No person shall engage in the handling of food unless

Health Scrciccs CAP. 44 S (Food Hygiene) Regulat ions I-eg. G --

he is in posscssion of a certificate of good llealtl~ fi-om a registered nledical ~)r;~ctitioncr, and sucli certificate shall be in sucl~ form as may Ile from time to time prescribed 1jy t llc Cltici lleclical Officer.

(2) The duration of s11c11 a certificate shall estcnd o\.er a period not cxcceding t\vc.lvc months and shall cspire on the 31st clay of Decem11e1- nest after issue.

(3) Such certificate shall be kept at the place of elnployment and shall bc a\,ailable for inspection by any authorised officer of the hfinistr), of Health.

(4) A person \v110 engages in the handling of food shall, while so engaged-

- -

(a) keep as clean as reasonably practicable all parts of his person ~vhich are liable to conle into contact with the food ;

( 6 ) keep as clean as reasonably practicable all parts of his clothing OS overalls ivhich are liable to come into contact \\.it11 the food ;

( c ) keep an): open cut or abrasion on any exposed part of his person covered \\lit11 a suitable waterproof dressing;

(d) refrain from spitting;

( c ) refrain from the use of tobacco (including snuff) ~vhile he is handling any open food or is in any food room in which there is open food;

( f ) after using the toilet wash his hands before resunlption of duties.

(5) No person with any septic or infected cut or abrasion on any exposed part of his body shall engage in the handling or preparation of food.

(6) A person ~ . h o engages in the handling of open food shall not, \vhile so engaged-

( a ) carry any foocl in a \.chicle or container along. wit11 a11y article from i\.l~ich there is risk of c-ontaminatlon of t l ~ c food, or \\-it11 any live animal or live poultry, \vitl~out taking all s11c1) precaution's as are reasonably practicable to a\.oid risk of contanlination, and in particular shall

THE LAWS OF BARBADOS

I'rintcd in Ct~glrnd by Lyrc and Sgartirxvoorlc 1-irnilcti. 2 Scrjcants' Inn, I.otaln,n ECJ. l,? :,utlwrily t l tc Gorcrrrnncnt of Barbador

C:IP. W flcaltlr .SF) i ice5 reg. 7 (/.-oo(/ lh,~i( nr, I?r,qil lnl ion~ 6

not alloiv an\; 1ix.r aliiinal or li1.c. poultl-y to corllc. into co1ltac.t \vit11 1nc:lt or fish;

. . ( h Il;e & ) I . ~\.r;cp;~ii~n or conta!r]lnq 311)~ o j ) ~ n food ;i11y !):ipcr

? UI- ot11c1- \.\.~-ai)l)~ng matcl-ial or. cont:liner 1%-liicli is not clc~i11 :W wl~icll is 1i;tble to con:anrinate the food j and in ~>.~sticul;ts sl~cll not allo\c any 131-ilitcd matci-ial o t l~er than printcc1 matcrial ctcsigncd esclusively for \\,sapping 01- containing food, to come into contact wit11 an?- food ot i~cr than uncooked \.egetables.

7. (1) Subject to the follo~ving provisions of this reyulation, as soon as any person engaged in the hand!ing of food becomes akvare that he is suffering from any fever, vomiting, diarrhoea, clysentery or other bowel disease, jaundice, persistent cough, any skin disease or any infection likely to cause food poisoning, he shall forthwith give notice of the fact-

( a ) to the occupier of the food premises, if he is engaged in the handling of food at or from food premises;

( b ) to the owner of the business, if he is e n g a ~ e d in the handling of food other\vise than at or from food prenlises;

and the owner or occupier, as the case nlay be, shall, im- mediately after being notified of such fact, cause such person to cease work forthwith and n o t i ~ the hledical Oificer of Health of the area in which the said premises or business are situated.

(2) M'hen the person referred to in paragraph ( l ) is himself the occupier of the food premises or the owner of the food business, as the case may be, he shall immediately cease \vork and give notice immediately to the hledical Officer of Hcalth of the area in \vhich the said prcmises or business are situated.

(3) \l-ithout prejudice to thc pro\.isiol~s of re~ulation 6 ( l ) , if a ?rledic;ll Officer of Health or a Public Health Inspector has season to believe that a person cngaged in the prcparation or 11andling of food is suffering from any disease liable to cause food poisoning, he Inay require such person to submit to a mcdical esaniination 1jy a hfc-dical Oficer of Health, who shall issue a certificate stating wliethcr tlie pcrson is fit or unfit to engage in such work, and if the certificate states that the person is unfit for such work the person sliall cease work forthwith.

Hcalth Serviccs CAP. 44 7 (Food H1,~ien.e) Regu1at;ons rep . 8-1 0

(4) Any person who has ceased work under thc prcccding paragraphs shall not resume work unless he has obtaincd a certificate of good health from a Medical Oficer of I-Iealtl~.

R~quirenlcnls Relating to Food Premises

8. (1) No fresh air intake of any ventilation pipe included in the soil drainage system of food premises shall be situated in a food room.

(2) Every inlet into such system situated in any such room shall be trapped.

9. No cistern for the supply of water to a food room shall supply a sanitary convenience otherwise than through an efficient flushing cistern or some other flushing apparatus equally efficient and suitable for the preverltion of contamina- tion of water supplies.

10. (1) All food premises shall be supplied with sanitary facilities which are, in the opinion of the Ivledical Oficer of Health, adequate.

(2) Every sanitary convenience situated on any food premises-

(a) shall be kept clean and in efficient order; (b) shall be so placed that no offensive odour therefrom can

penetrate into any food room.

(3) Any room or other place which contains a sanitary convenience shall be suitably and sufliciently lighted and ventilated to the satisfaction of the Medical Oficer of Health.

(4) No room ~rh ich contains a sanitary convenience shall be used as a food room.

(5) No room ~vhicll con~~nunicates directly with a room or ather place which contains a sanitary conveniencc shall be used-

(a) for the handling of open food;

TILE LAWS OF BARBADOS

Printed in Ensland by Eyrc ~ - . d S~mttiswoodc Limitcd, 2 Scrjran~s' Inn, Londcrn EC4, 'J). autt.crity of thc Gmcrnrncnt of Barbados

CAP. 44 Health oSctoicc.r rcgs. 11-13 (Tood Z-lySictie) Rtgrr1ntion.r

( b ) for the cleaning of cquipmcnt for use in any food business in the course of which opcn foot1 is handlcd.

(6) There shall be affixed and nlaintaincd in a prominent arjd suitable position near every sanitary con~ci~icnce situated on an?l food premises-a clearly legible notice rcquesring users to \vash their hands after using a convenience.

11. (1) Subject to the provisions of any certificate of exemption, a suppl?- of water sufficient in quantit). to enable tlicse regulations to be conlplied with shall be provided and maintained in all food premises.

(2) Any supply of water provided for the said purposes shall be clean and wholesome.

12. (1) Subject to the provisions of any certificate of exemption, in all food premises suitable and sufficient washhand basins for the use of all persons engaged in the handling of food on those premises shall be provided and maintained in a position con\.eniently accessible to such persons.

(2) Subject as aforesaid, there shall be provided and main- tained for e1.ex-y such washhand basin an adequate supply of water.

(3) At or near every washhand basin available for the use of such persons as are mentioned in paragraph (1) there shall be provided and maintained for the use of persons engaged in handling of food on the food premises adequate supplies of soap or other suitable detergent, nail brushes and clean towels or other suitable drying facilities, whi.ch shall be used only for securing the personal cleanliness of such persons.

(4) All \vashhand basins so available shall be kept clean, and any taps in connection therewith shall be kept clean and in efficient working order.

13. Suitable and suflicient bandages, dressing and antiseptic for first-aid treatment shall be provided and maintained in all food premises, in a readily accessible position, for the use of persons engaged in the handling of food 011 those premises.

I l t a l ~ h Srtaiccs CAP. 44 (Food Iijgierzc) Xeg111alion.c rcgs. 14- 1 7

14. Esccpt \vlierc adequate provision is ~ n a d e else\vl~ere than in a food room, suital~lc and sufficient cupboards or locker accomnlodation shall, sul,jcc-t to the provisions of any certificate of exemption, be providecl a11d maintained in all fi,od premises, other than foocl prcmi<es in \\:liich 110 open food is Itandled, for the clothing and footivear not worn (luring working hours of all persons engaged in the handling of food on those premises.

15. (1) Subject to the provisions of any certificate of esenlption and to the provisions contained in parasraph (2)-

(a) there shall be provided and maintained to the satis- faction of the Medical Officer of Health in all food premises suitable and sufficient sinks or other facilities (not being washhand basins mentioned in paragraph (3) of regulation 12) for washing food and equipment used in the food business;

(b) for even such sink or other facility there shall be pro- vided and maintained to the satisfaction of the h4edical Oficer of Health an adequate supply either of hot and cold water or of hot water at a suitably controlled tcn~perature, but a supply of cold water shall be sufficient for any sink or other facility not used for any other pur- pose than the washing of fish, tripe, animal casings, fruit or vegetables;

( c ) all sinks and other facilities available for the said pur- poses shall be kept clean and in efficient \vorlring order;

jd) there shall be provided and maintained for use at all such sinks and other facilities adequate supplies of soap or otllcr suitable detergent and clean cloths or other adequate and suitable cleaning and drying facilities.

(2) Nothing contained in paragraph (1) shall apply in rela- t io ,~ to food prclnises where open food is not hzndled.

16. Suitable and sufficient means of lighting shall be p1-o- vided in e\.cly food room, a i d every such room shall be suitably and suficicn:ly ligllted to the satisfaction of the h.lcdica1 Officer of Health.

17. Escept in the case of a humidity-controlled or tempera-

THE LAWS OF BARBADOS

Printcd in f.nclmd by Eyre and Sponisxoadc Limitcl), 2 Scrjcants' Inn. London ECI. by au~horily d t h r Covcrnmcnl of Bubadm

CAP. 44 Hcallll Sel-uiccs regs. 18-20 (Food Hygiene) R~grr1ation.r

turc-controlled chamber, suitable and suficicnt means of \.c.ntilation sllail be provided in every food room, and suitable ancl sufficient ventilation sllall bc ~naintainecl there to the satiqlction of tile Aledicdl Officer of Health.

18. (1) No food room shall be used as a sleeping place, and no sleeping place shall bc. used as a food room.

(2) Subject to the provisions of any certificate of esemption, no food room \\-hicl1 communicates directly with a sleeping place shall be used for the handling of open hod.

19. (1) The walls, floors, doors, windows, ceiling, woodwork and all other parts of the structure of every food room shall at all times be kept clean and shall be kept in such good order, repair and condition as to-

(a) enable them to be effectively cleaned ; and ( b ) prevent, so far as is reasonably practicable, any risk of

infestation b), rats, mice and insects and the entl-). of birds.

(2) \\'here at any time after the coming into operation of these regulations any \\rorks affecting the structure (otlier than Illere removal of part of the structure) are executed, the structure affected by such works shall after completion of the works be such as to-

( a ) enable it to be effectively cleaned; and (b) prevent, so far as is reasonably practicable, any risk of

infestation by rats, mice and insects and the entr). of birds.

20. No refuse or filth, whether solid or liquid, shall be deposited or allo\ved to accumulate in a food room except so fa]- as may be unavoidable for the proper carrying on of the trade or business, and any such refuse or filth sliall be removed as soon as is practicable, and in any case before the end of each ~vorking day.

( o ' ! sul).jcct t ( 1 t l ]c l)ro\-isions of an)- eel-tificar c of csrmptioi~, 1)car cc-~~ispi(.uollsl~ t':c i~alnc. n11d a(l(lrcs.; of illc person cilr~?-in2 on t l ~ c I)usi~~ess;

( h ) to r l ~ c satisf;ictio~~ of the A.lcciic;tl Cifiiccr of Hcalth t,e kcpt CIC;II I and in such gooti orclcr, 1x'pair ant1 conditio~: ;IS to enablc it to be cKccti\lely clearled; and

c bc proilidect wit11 suitable and sufiicient weans of lightins 2nd sl~all bc suitably and sufficiently lighted to the satisfaction of the X4edical Officcr of Health.

(2) Xo such stall shal: be used as a sleeping place.

22. ( 1 ) T;\.en stall from \t.hich meat or fish is sold or esposed for sale ior hurilan consumption--

(a, shall (if not in an ellclosed and covered market place:: bc suitably co\.eIed o\.er and be scrcened a t the sides and back thereof in such a manner as to prevent any mud, filt11 or other contaminating substance from being dc~os i t cd upon Lny Ineat or fish tllercin;

( I , ) shall be pro\.idcd \vith a sufficient number of suitably co\.ered receptacles for \t.aste tl-immings, refuse and rubbish.

(2) Any such receptacle shall be constructed of inlpervious niatcrir~ls or shall 1)c I-cplaced as often ;is nlay be neccssrir). to prevent t!lc accumulation of ol~nosious matter, and slrall be kcpt apart fi-orn any mcat or fish intc~ldctl for sale.

(3) E\.cl-)- ~m-son engaged in the handling of Incat or fish fr-o~n anJr slic.li stall sllall place all waste trimmings: rcfusc or rubl~isll in the rcccptacles proilided therefor.

23. Sul~jcct to any certificate of exemption, there shall be pro\.idcd and nlaintainccl for use in connection ivith every food busincss \\.hicl1 is carriccl on from a stall and Ivhich consists

T I E LAH'S OF BARBADOS

C 4 P. 44 /leallli Stt-i:icts 1c.p. 24 (Food l<~xi?ne) Ii'egll1niion.r 12 - - - - - - - --

\vlloll~. or 11nrtly of the supply of opcn foot1 for imnlcdiate consulnption---

(C) an adequate ,supply of cleali aucl liolc\omc \vater;

(6) adccjuate supplies of soap or otller suitablc drtergent, nail bl.ushes and clean to\z~ls or other suitable dlying ficilitics, \rllich shall be used cnly fbr securing the pcrsonal cleanliness of persons working at or about the food business;

[ c ) suital>le and suficicnt sinks CH- other frlcilities for lvashing fnoci and equipment used in the foocl l>usiness, such sinks and other facilities to Ije kept in efficient working order and to be provided with adequate supplies of water, soap or other suitable detergent and of clea~l cloths or other suitable cleaning or drying facilities.

Requiren~ents Hefatitzg to the Tran.s/)or! and Carryirzg of Afeat and Fish

24. j l ) The follo\vin,a provisions shall apply with respect to all vehicles used in the course of a food business for the transport of meat and fish or either of them, being meat and fish which is open food-

( a ) except in the case of a closed van, the vehicle shall be covered by canvas or other u-ashable material supported on frames or poles so as to enclose completely that part of the \lel~icle in \\.hicl1 meat or fish is placed, and so far as is reasonably practical the cover shall not be allowed to conle into coiltact lvit11 the meat or fish;

(6) the floor ~11311 be imper\*ious and fitted with movable duck boards in such a manner as to prevent the meat or fish or its \vra~~pings from touching the floor of the \.ehicle ;

( c ) any receptacle or duck board in or on ~vhich the meat or fish i z placed and such parts of any slings, implements or other equipment used for the loading or unloading of Ineat or fish as conle in contact ~ ~ i t l l the meat or fish or its \vrappings shall be kept clean and in a proper state of repair;

l Ii-l11:lr .Scn:icrs CAP. 4A (l.'ood f I i ~ i c . n ~ ~ ) Rc~r~lniions r ep . 25-26

jd) cLIe1-y sucl~ \.clliclc sliall be providcd with 2 sufficient number of suitable receptacles to contain separatelv all oKal (other than bfral that has not hccn cletached from tlie c.arcas~) tr:iiispo~-ted in the \rt.liicle, \\-hicl1 reccptacles shall I)e constructed of imper\~ious materials kept clean and in such good order, repair and condition as to enable them to be tllorouglily cleaned;

( c ) 110 offal shall be transported in any such \:cliicle except in the separate receptacles provided therefor:

Provided that sub-paragraphs (a) and ( b ) shall not apply in relation to the transport of meat and fish 01.1 isolated occasions in the course of the business of a carrier if the Ineat or fish is adequately protected by suitable material from the risk of contamination.

25. Every person who in tlie course of a food business carries meat and fish or either of them, being meat and fish which is open food, otherwice than in the course of distribution by a retailer to his customcrs, shall 11-hiIe so engaged wear a clean and washal~le o\~erall, and, if the meat or fish 1s liable to come into contact ~vith his neck or head a clean and washable head co\rering :

Provided that this regulation shall not apply in relation to the transport of nlcat and fish in the course of a business of a carrier in \\.hicl1 the vehicle used for the transport is not ordinarily used for the transport of meat and fish if the person carrying the meat or fish takes all such other precautions as are reasonably practical to prevent the meat or fish coming into contact with any exposed part of his person or with any clothing other than an overall.

26. (1) A Public Health Inspector Inay at all reasonable times enter any premises and inspect and examinc, and may in any street or other public place inspect and examine, any food sold or csposed for sale or deposited in any place, or in tlie coursc of tr:~nslnission for the purpose of sale, preparation or manufacture for sale. (2) h Public Health Inspector may condemn and seize and

carry alvay or cause to be carried away any food which appears to him to be diseased, unsound, un~rholesolne or unfit for

THE L A W S OF DARBADOS

I'rinrcd i z k Englard by E)rc and S p o t r i s w 4 c Limited. ? Sc:jcantr' Inn, Lor~Cvrb ECI, by aurlkority of t1,c Co\.crnrncnt of Itarbados

CAP. 44 Ht*olth Szrvicc; ~ c g . 26 (Food I+gienc) Reg~tlations 14

1111nlan consunlption and may cause any such food to be tlcstroycd or ot l~cxr\vise clisposed of.

(3) \lTlicre the Public Nealtll Inspector is not in possession of a certificate denoting his competency for the inspection of meat and ot l~er foods, he shall not have the po\cer to order the food to be dcstsoyed or otherivisc disposed of, but such an order may be made by another Public Health Insl~ector possessing such a certificate or by a Medical Officer of Health.

(4) T l ~ e expenses incurrcd in destroying or otherwise disposing of any food condcmned in acc-orcla!~ce \\it11 the pro- visions of this regulation shall bc: a debt clue by the owner of the food and may be recovered on an inforn~ation laid by or on behalf of the person by whom such expenses were incurred in a sumnlary manner before a magistrate from the owner or fi-om the person who is in possession of such food.

(5) No person having in his possession any food which is diseased, unsound, unwholesome or unfit for human consump- tion shall give, sell or consign any such food to any other person or to any firm, business, organisation, institution or association.

( G ) Every person ha\,ing in his possession any food which is diseased, unsound, un\vholesome or unfit for human consump- tion shall destroy or dispose of such food to the satisfaction of the 3,ledical Officer of Health :

Provided that any such person may request the Medical Officer of Health or a Public Health Inspector to remove and dispose of any such food, and the Medical Officer of Health or Public Health Inspector shall cause it to be removed and dis- posed of, and such person shall pay a reasonable sum for such removal and disposal.

(7) The proof that any food \\.as not sold, exposed or dcposited o; ir. course of transmission Sol- the purpose of sale, preparation or manufacture for sale or \\-as not- diseased, unsound, unwhoIeson~e or unfit for human consumption shall rest upon the person alleging the same.

(8) Nothing in this regulation shall affect or be construed as Cap. 265. affecting any provision of the Markets and Slaughter-houses Act

or any regulations made thereunder or the exercise of any po\cers conferred by or under the said Act upon any person; and

H c ~ l t h Srrvicc.r CAP. 44 I 5 (Food /Ij1=ietlr) I?,-.qulatiotr.r r ep . 27-28

11.11er-e any provision of the said Act or regulations made there- under is at variance with any provision of this regulation, the pro\lisions of that Act or bf such regulations shall l,rc\~itil.

A dininistra t iue Prooisions

27. (1) No person shall carly on a food business until he has registered such food business \trith, and has received a licence

him to carry on such food business from, the h4edical OAicer of Health of the area in which it is intended to carry on such food business.

(2) The licence shall expire on the 31st day of December nest after the date of issue, but inay be suspended or withdrawn at any time by the Medical Officer of Health upon the violation of any provisions of these regulations by the person to whom the licence has been granted or by his agent, if any, in charge of the food business.

(3) The licence shall be displayed in some conspicuous place in the food preinises, and if the licence is removed, damaged, hidden or obscured or allo\\-ed to become illegible, the person to whom the licence has been granted and his agent, if any, in charge of the food business, shall be guilty of a breach of this regulation.

(4) If a licence to carry on a food business is refused, sus- pended or aithdra\vn, the proprietor of the food business or his agent as aforesaid may appeal to the magistrate for the district in \vhich such food business is carried on, and the nlagistrate shall make such order coilcerning the licence as appears to be just and equitable.

28. (1) I11 granting a licence to cariy on a food business, a hkdical Oficer of Health illay grant a certifkate to the effect that compliance \\-it11 any of the provisions of the regulations spcrified in pnragraph (S) cannot be reasonably required writh respect to the premises in which it is intended to c a r n on such food business or to any activities carried on therein, and those

TliE LAWS OF BARBADOS

)'l inird in E:.;lrnd by Eyrr and Spottirroalc Lirnitcd, 2 Scrjrantr' Itrn, London EC4, by au~llority d tllc Guvrrnmn\t of Barbados

CAP. 44 l l c ~ l t l i ,Srri9ir~.\ rcgs. 29-30 (Food /!,)xicnej lI'rgl~/ciion r 16

p]-c~nises shall be esempt from thc pro\.isions mentioned in thc liccncc.

(2) Such a certificate of csell~ption shall not be granted by a hleclical OfIiccr of Health \\.ith ~.cspect to any fond prenlises unless Ile is satisfied that by reason of restricted accomnlodation or othcr special circumstances affecting the premises it is I-casonal.)le that such a certificate sllould be in force izvith respect tllereto.

(3) Anv such certificate of excnlption may be \vithdra\\-11 by the h4cdical Officer of Health if at any time he ceases to be satisfied as aforesaid.

(4) The provisions of the regulations referred to in paragraph ( l ) are, paragraph (1) of regulation 11, paragraphs (1) and (2) of regulation 12, regulation 14, sub-paragraphs (a) and (6) of regulation 15 ( l ) , paragraph (2) of regulation 1 8 and sub- paragraph ( a j of reguIation 2 1 (1).

29. (1) If the occupier of any food premises fails to com?ly with the i-equirements of these regulations ~vith respect to the structure of, or provision of fixtures at or in, the food premises, he shall be guilty of an offence under these regulations.

(2) If the owner or the person in charge of any food business fails to comply with the requircnlents of these regulations as to the provision of any equipment (including cloths, to\\.els, or other drying facilities and soap or other detergents) on the food premises where such business is carried on, he shall be guilty of an offence under these regulations.

(3j If an); person enqaged in the handling of food fails to cornp1:- with any proviiion of these regulations, other than a pro\:ision referred to in paragraphs (1 ) and (2), or- if the occupier of any food premises, or the owner of any food business, or any other person for the time being having the control or management of a food business, fails to take all reasonable steps to secure compliance there\\rith by any person employed by him or under his control, he shall be guilty of an offence under these regulations.

30. Any person guilty of an oflence under these regulations

/ lcalfh Scruicc?.~ CAP. -H (Food l$~gienc) R c g u l t ~ t i u ~ z . ~ FCS. 36

shall be liable on summary conviction to a fine of fi\-c thou~aucl ',l;:,,, , , dollars or to irnprisonmcnt for twe1i.d months, or to both such fine and iinprisonment, and, in the case of a contil~uing off'cnc.c, to 7 furthe1 fine of ttvo liundred dollars for each day or part of a day dui-ins ~v11ich the ofrence continues after a conviction ;S

first obtained.

T I E LAWS OF BARBADOS

I'rintcd ill L 1 1 ~ i u ; i br Cyrc and Spo~tiswoatc Litnitd. 2 Scrjranls' Inn. Lotadon tC4.

by au~l~or i ty nl tltc Gorrrnlncnt ol Brrbada