Food Safety Act 2003 (No. 10 of 2003).
Country
Type of law
Legislation
Abstract
The Act consists of 72 sections divided into 7 Parts: Preliminary (I); General provisions (II); Licensing of food establishments (III); Importation (IV); Administration and enforcement (V); Legal proceedings (VI); Miscellaneous (VII).
"Food" is defined in section 2. The Central Board of Health may, by Order in the Gazette, declare to be food any substance: (a) intended for consumption; or (b) represented for consumption that does not come within the definition of food. Provisions of Part II prohibit the preparing, packing, keeping, conveying, selling or giving free of charge of food which is unsafe, unhygienic, adulterated or unfit for consumption and prescribe labelling requirements. The Board may, by Order in the Gazette, declare any food to be unfit for consumption if the food does not comply with internationally adopted food standards as contained in the Codex Alimentarius, or if the food has been proven to be unfit for consumption based on scientific evidence. No person must operate a food establishment unless the establishment is licensed by the Board under this Act (sect. 16 and following). The Board must not approve an application for a licence in respect of a proposed food establishment unless it is satisfied that conditions set out in section 20 have been met. An authorised inspector must inspect and examine every food establishment at least once every year (sect. 21). The Board must record the details of any licence issued, varied, suspended, cancelled or refused by it in a register (sect. 23). The Board may approve importation of food that does not comply with requirements prescribed by this Act pursuant to section 24 and the Board may, by Order in the Gazette, exempt any food or any class of food from any or all of the provisions of this Part, except in relation to the importers identification required under section 24. The Board is responsible for the administration and enforcement of this Act and for that purpose has the powers conferred on it by this Act, Public Health Act or any other written law (sect. 28). A Food Safety Advisory Committee is established under section 29. The Committee shall advise the Board on any matter in connection with the administration and enforcement of this Act. A local authority is deemed to be a food authority for the purposes of this Act and the functions of a local authority and its relationship with the Board for purposes of this Act are as provided in the Public Health Act or in any other written laws (sect. 31). If the Board is of the opinion that any food or any specified class or description of any food if cultivated, taken, harvested or obtained in or from a specific area may be dangerous or injurious to persons consuming the food, the Board may, by order in the Gazette, prohibit the cultivation, taking, harvesting or obtaining of the food in or from that area (sect. 49). Section 69 declares that the Codex Alimentarius standards and codes regarding food safety and any other matter under this Act are deemed to be Regulations made under this Act unless modified by the Board by Regulations. Regulation making powers of the Board are set out in section 70. Other provisions deal with inspection and analysis, prescribe powers and measures of enforcement, emergency, legal proceedings, etc.
"Food" is defined in section 2. The Central Board of Health may, by Order in the Gazette, declare to be food any substance: (a) intended for consumption; or (b) represented for consumption that does not come within the definition of food. Provisions of Part II prohibit the preparing, packing, keeping, conveying, selling or giving free of charge of food which is unsafe, unhygienic, adulterated or unfit for consumption and prescribe labelling requirements. The Board may, by Order in the Gazette, declare any food to be unfit for consumption if the food does not comply with internationally adopted food standards as contained in the Codex Alimentarius, or if the food has been proven to be unfit for consumption based on scientific evidence. No person must operate a food establishment unless the establishment is licensed by the Board under this Act (sect. 16 and following). The Board must not approve an application for a licence in respect of a proposed food establishment unless it is satisfied that conditions set out in section 20 have been met. An authorised inspector must inspect and examine every food establishment at least once every year (sect. 21). The Board must record the details of any licence issued, varied, suspended, cancelled or refused by it in a register (sect. 23). The Board may approve importation of food that does not comply with requirements prescribed by this Act pursuant to section 24 and the Board may, by Order in the Gazette, exempt any food or any class of food from any or all of the provisions of this Part, except in relation to the importers identification required under section 24. The Board is responsible for the administration and enforcement of this Act and for that purpose has the powers conferred on it by this Act, Public Health Act or any other written law (sect. 28). A Food Safety Advisory Committee is established under section 29. The Committee shall advise the Board on any matter in connection with the administration and enforcement of this Act. A local authority is deemed to be a food authority for the purposes of this Act and the functions of a local authority and its relationship with the Board for purposes of this Act are as provided in the Public Health Act or in any other written laws (sect. 31). If the Board is of the opinion that any food or any specified class or description of any food if cultivated, taken, harvested or obtained in or from a specific area may be dangerous or injurious to persons consuming the food, the Board may, by order in the Gazette, prohibit the cultivation, taking, harvesting or obtaining of the food in or from that area (sect. 49). Section 69 declares that the Codex Alimentarius standards and codes regarding food safety and any other matter under this Act are deemed to be Regulations made under this Act unless modified by the Board by Regulations. Regulation making powers of the Board are set out in section 70. Other provisions deal with inspection and analysis, prescribe powers and measures of enforcement, emergency, legal proceedings, etc.
Attached files
Web site
Long title of text
An Act to promote public health and safety with regard to food, to regulate the preparation, sale and use of food, to assist consumers make informed choices on food, to promote fair trading practices in relation to food and for related matters.
Date of text
Entry into force notes
This Act entered into force on 5 June 2009 (L.N. No. 20 of 2009).
Notes
The Pure Food Act (Cap. 116) is repealed except that the regulations made under it remain in force until revoked or replaced by regulations made under this Act.Sections 40 to 48 of the Public Health Act (Cap. 111) are repealed.This Act is in addition to and does not derogate from any other written law.
Repealed
No
Source language
English
Legislation Amendment
No