2021-06-03
OBJECTS AND REASONS
This Bill would provide for
the revision of the law governing food safety and food quality in
Barbados by establishing an integrated regulatory approach to food
safety from farm to fork;
a framework for the trade in safe food; and
related matters.(a)
(b)
(c)Arrangement of Sections
PART I
PRELIMINARY
Short title
Interpretation
Scope of the Act
PART II
ADMINISTRATION
Establishment of Food Safety Service
Functions of the Food Safety Service
Director of Food Safety
Chief Medical Officer
Delegation of functions of Food Safety Service
Establishment of the Food Safety Committee
Resignation or removal of members of Food Safety Committee
Functions of the Food Safety Committee1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.2Establishment of the National Codex Committee
Functions of the National Codex Committee
Official laboratories
Reference laboratories
Appointment of food inspectors
Identification of food inspectors
Food analyst
Manuals
Co-ordination of other government entities with a role in food safety
Service-level agreements
Review and audit
Powers of the Minister
PART III
FOOD STANDARDS AND CONTROL
Principles of food safety measures
Food safety requirements and standards
Limiting or banning substances or processes in food
Labelling and packaging12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.3Traceability
Recall of food products
Recall responsibilities and procedures involving an importer or exporter
PART IV
EMERGENCY PREPAREDNESS AND RESPONSE
Emergency preparedness and response plan and early warning system
Emergency measures
PART V
FOOD BUSINESS OPERATORS LICENCE AND FOOD HANDLERS
CERTIFICATE
Food business operators licence
Conditions of food business operators license
Amendment of food business operator’s licence
Renewal of food business operators licence
Suspension of food business operators licence
Revocation of food business operators licence
Voluntary surrender of food business operator’s licence
Procedure for the suspension or revocation of food business operators
licence28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.4Food handlers certificate
Suspension or cancellation of food handlers certificate
PART VI
RESPONSIBILITIES OF FOOD BUSINESS OPERATORS
Responsibilities of food business operator
Prohibition from selling food unsafe or unfit for human consumption
Monitoring of medical conditions
Medical practitioners’ duty to report
PART VII
IMPORT AND EXPORT OF FOOD
Import requirements
Import inspections
Relabelling and reconditioning
Luggage exemption
Export certification
Report on activities
Control of waste from international transport vehicles41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.5PART VIII
ENFORCEMENT
Objects of inspection
Enforcement approach
Food hazard on premises
Powers of a food inspector
Powers to enter dwelling places
Written notices
Inspection and seizure of suspected food
Duty not to disclose information
Food unfit for human consumption
Improvement notice
Hygiene emergency prohibition notices
Appeals
PART IX
OFFENCES AND PENALTIES
Offences and penalties
Offences by officials and penalties54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.6Procedure for offences
Presumption
Evidence
Forfeiture
Limitation on liability
Good faith defence
Fixed penalty notice for prescribed offences
Administrative penalty
Unpaid administrative fine or fixed penalty to constitute a debt to the
Crown
Powers of the Director in administrative proceedings
PART X
MISCELLANEOUS
Charging of fees
Documents
Assistance and co-operation from other authorities
Information to be provided to public
Regulations68.
69.
70.
71.
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.7Amendment of Schedule
Repeal and savings
Act to bind the Crown
Commencement
SCHEDULE
List of Government Agencies and DepartmentsA. Government Agencies83.
84.
85.
86.8BARBADOS
A Bill entitled
An Act to revise the law governing food safety and food quality in Barbados
by establishing an integrated regulatory approach to food safety from farm to
fork, to provide a framework for the trade in safe food, and for related matters.
ENACTED by the Parliament of Barbados as follows:PART I
PRELIMINARY
Short title
This Act may be cited as the Food Safety and Quality Act, 2021 .
Interpretation
In this Act,
“additive”
includes 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 is for a
technological, including organoleptic purpose in the manufacture,
processing, preparation, treatment, packing, 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;
does not include contaminants or substances added to food for
maintaining or improving nutritional qualities.
“advertisement”  includes any representation, whether written, pictorial, visual or
otherwise made for the purpose of promoting directly or indirectly the sale
or disposal of any food or any substance represented as food;
“batch or lot number” where used in relation to
goods, means a reference number assigned by a food business operator
to a series of similar goods, or goods produced under similar
conditions; or
crops, means the crop harvesting date, as determined by the date on
which the harvesting of the crop commences;1.
2.
(a)
(b)
(a)
(b)10“Codex”  means the Codex Alimentarius Commission, the international standard-
setting body for food safety;
“contaminant”  means any substance not intentionally added to food, which is
present in food as a result of the production, including operations carried
out in crop husbandry, animal husbandry or veterinary medicine,
manufacture, processing, preparation, treatment, packing, packaging,
transport or holding of such food or as a result of environmental
contamination;
“conveyance”  means any vessel, aircraft, vehicle, cart, container, or other thing
that can convey commodity from one place to another;
“Director” means the Director of Food Safety appointed under section 6;
“export”  means to send outside Barbados to another country any commodity by
means of a conveyance;
“exporter”  includes any person who, whether as owner, consignor, consignee,
agent or broker, is in possession of or in any way entitled to the custody or
control of any food exported from Barbados;
“food”  means any substance, whether processed, semi-processed or raw, which
is intended for human consumption, and includes drink, chewing gum and
any substance which has been used in the manufacture, preparation or
treatment of food but does not include cosmetics or tobacco or substances
used only as drugs;
“food analyst” means a person or institution qualified and appointed as a food
analyst under section 18;
“foodborne disease” means an infectious, toxic or other disease caused by agents
that enter the body through the ingestion of food;
“food business” means any business where food is produced, imported,
manufactured, prepared, treated, processed, packed, packaged, transported,
handled, served, stored or sold, whether for profit or consideration, or
otherwise;11“food business operator”  means a person licensed under section 33 to operate a
food business or where expressly provided, a person issued with a food
handling certificate under section 41;
“food chain”  means all stages of production from primary production of food to
food handling and food sale, including the import and export of food;
“food handler” means a person who, in a food business, handles food, food
equipment and utensils or food contact surfaces;
“food hygiene”  refers to conditions and measures necessary for the production,
processing, storage and distribution of food designed to ensure a safe, sound,
wholesome product fit for human consumption;
“food inspector” means an inspector qualified and appointed under to section 16;
“food safety” means assurance that food will not harm the consumer when
prepared and eaten according to its intended use;
“Food Safety Committee” means the committee established under section 9;
“Food Safety Service” means the Service established under section 4;
“government agency”  means a government agency responsible for carrying out
food safety control functions set out in the Schedule ;
“government department” means a government department responsible for
carrying out food safety control functions set out in the Schedule ;
“hazard”  means a biological, radiological, chemical or physical agent in or
condition of food with the potential to cause an adverse health effect in the
absence of its control;
“import”  means to bring into Barbados from another country any food by means
of a conveyance;
“importer”  means a person who, whether as owner, consignor, consignee, agent,
broker or otherwise, is in possession of or in any way is entitled to the
custody or control of any food that is landed or is likely to be landed in
Barbados from a country outside Barbados;12“ingredient”  means any substance, including a food additive, used in the
manufacture or preparation of food and present in the final product in a
modified or unmodified form;
“inspection”  means the examination, by any person authorized under this Act, of
food or systems put in place for the control of raw materials, processing or
distribution of food, and includes processed and finished product testing to
verify the conformity to the requirements of this Act or any other
enactment;
“International Health Regulations”  means the regulations adopted by the World
Health Assembly on the 23rd May, 2005 which entered into force on the
15th June, 2007 to which Barbados is a party;
“label”  means any tag, brand, mark, pictorial or other descriptive matter, written,
printed, stenciled, marked, embossed or impressed on, or attached to, a
container of food;
“labelling”  includes any written, printed or graphic matter that, is present on the
label, accompanies the food or is displayed near the food for the purpose of
promoting its sale or disposal;
“Minister” means the Minister responsible for Health;
“owner”  means a person having for the time being the possession, custody or
control of food;
“personal consumption” refers to food being consumed or intended for
consumption which is not prepared, produced, processed, manufactured,
handled, sold, distributed, imported, transited or exported in connection
with, or in furtherance of a food business, and does not exceed a threshold
prescribed by the Food Safety Service;
“port of entry” means an airport or seaport;
“port of exit” means an airport or seaport;
“premises”  includes any building, tent or other structure, permanent or otherwise,
together with the land on which the same is situated and any adjoining land13used in connection therewith, and includes any street, open space or place
of public resort, or vehicle used for the sale, packaging, preparation,
preservation, transportation or storage of any food;
“recall”  means the action to remove food from the market at any stage of the food
chain, including food that is in the possession of a consumer;
“reconditioning”  means the treatment of food or any ingredient in it, intended for
reuse by means designed to reduce or eliminate microbiological, chemical
and physical contaminants, according to its intended use;
“risk analysis” means a process composed of risk assessment, risk management
and risk communication in accordance with internationally accepted
procedures and standards;
“risk assessment” means a scientifically based process consisting of hazard
identification, hazard characterization, exposure assessment, and risk
characterization;
“sell”  includes to offer, advertise, keep, store, display, transmit, consign, convey
or deliver for sale, or to exchange or dispose of to any person in any manner
whether for consideration or otherwise;
“SPS Agreement” means the WTO Agreement on the Application of Sanitary
and Phytosanitary Measures, to which Barbados is a party;
“street food” means ready-to-eat food or drink prepared or sold along streets and
other similar public places;
“street food vending”  means the operation of a food station that sells street food
either from
a vehicle; or
a tray, container or other article used to move food from one place to
another;
“traceability”  means the ability to follow the movement of a food through
specified stages of production, processing and distribution;(a)
(b)14“traceable item”  means any item that is subject to the obligation of traceability
under this Act encompassing food, food ingredients, feed, raw materials
used in food production, and any other substance entering, within, or exiting
from an operation or intended to be incorporated into a food through all
stages of processing and distribution, as well as packaging materials
intended to be in direct contact with food;
“vehicle” means any vessel, aircraft, conveyance, cart, container, motor vehicle
other thing used to transport food from one place to another.
Scope of the Act
The provisions of this Act shall apply to the safety and quality of food
at all stages in the food chain including:
the production, processing, manufacturing or other preparation of food;
the handling, sale and distribution of food;
the import, transit and export of food;
the transport, packaging and storage of food;
any other activity related to the activities mentioned in paragraph  (a)
to (d) whether such food is prepared in a permanent or temporary
structure and whether on land, air or at sea; and
all food, including fish and aquaculture products, foods from plant or
animal origin both processed and unprocessed.
Notwithstanding subsection (1), this Act shall not apply to food that is
produced, prepared, imported or exported for personal consumption.3.(1)
(a)
(b)
(c)
(d)
(e)
(f)
(2)15PART II
ADMINISTRATION
Establishment of Food Safety Service
There is established a Food Safety Service within the Ministry
responsible for Health, which shall be the competent authority for Barbados on
food safety and food quality matters.
Functions of the Food Safety Service
The functions of the Food Safety Service are as follows:
to develop the requirements and measures for food safety and food
quality for all aspects of the food chain;
to carry out risk assessments based on available scientific evidence in
an independent, objective and transparent manner;
to issue guidelines for risk assessment methodologies;
to ensure that all food produced, distributed or marketed whether for
domestic consumption or export, and regardless of its origin, meets
food safety standards and requirements;
to carry out inspections for the purpose of preventing food safety risks;
to develop and sustain effective foodborne disease surveillance;
to develop and co-ordinate a food safety early warning and emergency
preparedness and response system;
to develop, implement and monitor food traceability systems and co-
ordinate that system with the animal and plant registration traceability
systems;4.(1)
5.(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)16to conduct informational or training sessions on the requirements under
the traceability system for capacity building for food business
operators, regulatory officials and the public;
to issue supplementary guidelines and record keeping requirements for
particular food sectors when appropriate, to ensure the effectiveness of
the food traceability system;
to regulate, prohibit or set limits for, and monitor food additives,
pesticides and veterinary drugs residues, contaminants, including
heavy metals, and irradiation of food and such other substances and
food processing methods, according to international standards and as
may be prescribed by regulations;
to issue, suspend or cancel a food business operators licence;
to certify or set certification requirements for a food business operator
according to Good Hygiene Practices, Good Manufacturing Practices
or other relevant standards;
to maintain separately updated registers of food business operators and
street food vendors that include the name and current contact
information for each food business operator and street food vendor
respectively;
to assign to each food business operator and street food vendor an
identification number or other means of identifying and distinguishing
a food business operator and street food vendor;
to assign all of the locations from which a food business operator grows
or distributes its food and assign to each location an identifier or another
means of identifying and distinguishing that location;
to co-ordinate and provide advice, information or assistance to any
government entity with responsibility for any aspect of food safety and
food trade;(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)17to develop requirements and procedures for the import and export of
food;
to evaluate the equivalence of phytosanitary measures applied a by
trading partner;
to provide justification to other countries concerning phytosanitary
measures applied;
to provide information regarding import requirements for food at the
request of an international, regional or local food safety organization
or person;
to develop and facilitate the delivery of training programmes for
inspectors in the monitoring, inspection and control of food safety
systems;
food safety and food quality systems;
analytical methods and laboratory quality assurance;
street food vendors and other food handlers;
the conducting of risk-based inspection and verifying quality
control systems for food businesses;
the requirements of a traceability system for capacity building for
street food vendors;
to develop and deliver training programmes and manuals, in
consultation with relevant stakeholders, for the guidance of
government entities that have a role in food safety with respect to the
execution and enforcement of food safety standards or requirements;
to carry out such other activities as may be expedient to ensure
compliance in all matters and activities deemed necessary to achieve
the objectives of this Act.(r)
(s)
(t)
(u)
(v)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(w)
(x)18The Food Safety Service may, in consultation with the Minister,
negotiate and enter into agreements with other government entities;
and
negotiate and enter into any other transaction or operation,
which in the opinion of the Food Safety Service is necessary for the discharge of
its responsibilities.
Director of Food Safety
There shall be a Director of Food Safety who shall be responsible for
providing technical and administrative direction to the Food Safety Service.
Chief Medical Officer
The Chief Medical Officer shall
be responsible for the general administration of this Act; and
report to the Minister.
Delegation of functions of Food Safety Service
The Director may, by instrument in writing, with the approval of the
Minister and subject to such terms and conditions as the Minister thinks fit,
delegate to an agency, organization, company or person subject to subsection (3),
such of the functions of the Food Safety Service as the Director considers
necessary.
The terms and conditions of the instrument of delegation under subsection
(1) shall include the following:
the scope of any delegated functions to be performed, and the duration;
the remuneration arrangements;
the means of supervision by the Food Safety Service;(2)
(a)
(b)
6.
7.
(a)
(b)
8.(1)
(2)
(a)
(b)
(c)19the minimum qualifications required to perform the delegated function,
if any; and
the conditions of withdrawal of delegations.
The Director shall not delegate any of the following functions:
official liaison duties with other ministries, foreign authorities or any
other responsibilities relating to notifications to trading partners; or
the approval of standards, requirements or phytosanitary measures.
The Director may, by instrument in writing, delegate to a food inspector,
any power or duty imposed on the Director by this Act but not the power of
delegation.
Establishment of the Food Safety Committee
The Minister shall appoint a Food Safety Committee for the purposes
of exercising and performing the functions under sections 5.
The Food Safety Committee shall consist of xx members selected from
among persons qualified and representative of a broad range of relevant expertise
in matters relating to food safety and shall include persons from each of the
following:
the Ministry responsible for agriculture;
the Ministry responsible for commerce;
the Ministry responsible for consumer affairs;
the Ministry responsible for health;
the Ministry responsible for legal affairs;
the Ministry responsible for trade;
The Barbados National Standards Institution.
The members of the Food Safety Committee shall serve for a period not
exceeding 3 years and be eligible for reappointment.(d)
(e)
(3)
(a)
(b)
(4)
9.(1)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(3)20The Committee shall elect a Chairman at its first meeting, which shall take
place within 3 months from the date of commencement of this Act.
Except as provided in subsection (1) to (4), the Committee shall regulate
its own procedure.
Resignation or removal of members of Food Safety Committee
The Chairman or a member of the Food Safety Committee may at any
time resign his office by instrument in writing addressed to the Minister and from
the date of receipt of the instrument that person shall cease to be a member of the
Committee.
The Minister may terminate the appointment of the Chairman or any other
member of the Committee.
Functions of the Food Safety Committee
The functions of the Food Safety Committee are as follows:
to develop food standards for Barbados and propose those food
standards to the Barbados National Standards Institution for approval;
to advise the Food Safety Service on food safety matters, including
those related to the production, manufacture, import, export, labelling
and sale of food;
to advise the Food Safety Service on food-consumers protection and
on emerging food safety and quality issues, including those related to
street food vending;
to provide assistance and advice to the Food Safety Service on the
formulation, review and implementation of food safety and quality
policies and regulations, including procedures for emergency response;
to encourage consumer education regarding food safety and quality as
well as other aspects of risk communication;(4)
(5)
10.(1)
(2)
11.(1)
(a)
(b)
(c)
(d)
(e)21on its own initiative, to discuss any matter connected with food in
Barbados, and report the issues arising from those discussions to the
Food Safety Service; and
to carry out such other function as may be required by the Food Safety
Service.
The Food Safety Committee may, where necessary, appoint ad-hoc  or
permanent sub-committees, to provide advice to the Committee or to fulfil
specific functions under this section.
Food safety requirements and standards shall be developed in an open and
transparent manner and shall involve public consultation
Establishment of the National Codex Committee
The Minister shall appoint a National Codex Committee for the
purposes of xx.
The National Codex Committee shall consist of xx members selected from
among persons qualified and representative of a broad range of relevant expertise
from the public service and private sector in matters relating to food safety and
shall include persons as follows:
from the public service, xx nominee from each of the following:
the Ministry responsible for agriculture;
the Ministry responsible for commerce;
the Ministry responsible for consumer affairs;
the Ministry responsible for health;
the Ministry responsible for legal affairs;
the Ministry responsible for trade;
from the private sector, xx nominee from each of the following:
the food manufacturing sector;(f)
(g)
(2)
(3)
12.(1)
(2)
(a)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(b)
(i)22the food import and export sector;
the food retail sector; and
consumer affairs.
Functions of the National Codex Committee
The functions of the National Codex Committee are as follows:
to co-ordinate Barbados’ input into Codex international standards;
to co-ordinate the development of food standards across the entire food
chain from production to consumption;
to advise the Government of Barbados on the implications of food
standardization, food quality and food safety issues;
to analyse data issued by Codex and commission studies analysing
Barbados’ interests in food standards and Codex; and
to carry out such other function as may be required by the Food Safety
Service.
Official laboratories
The Minister shall, on the recommendation of the Director, by Order
published in the Official Gazette , designate any laboratory or testing facility as
an official laboratory for the purposes of testing, analysis and other purposes as
required under this Act.
The laboratory or testing facility designated under subsection (1) may
be within or outside Barbados; or
be public or private.
The Minister shall publish in the Order referred to in subsection (1),
the names and addresses of any laboratories designated under
subsection (1); and(ii)
(iii)
(iv)
13.
(a)
(b)
(c)
(d)
(e)
14.(1)
(2)
(a)
(b)
(3)
(a)23the tests or testing procedures which may be performed by an official
laboratory under this Act.
The Minister may prescribe criteria and standards required for official
laboratories in Regulations.
Reference laboratories
The Minister shall, on the recommendation of the Director by Order
published in the Official Gazette , designate at least one laboratory to be a
reference laboratory for the purposes of this Act.
The laboratory or testing facility designated under subsection (1) may be
within or outside Barbados;
a public or private testing facility; or
an official laboratory designated under section 14.
The Minister shall publish in the Order referred to in subsection (1),
the names and addresses of any laboratories designated under
subsection (1); and
the tests or testing procedures which may be performed by an official
laboratory under this Act.
A laboratory designated under subsection (1) shall meet the requirements
prescribed in regulations, including the requirements of impartiality and
independence.
The functions of a reference laboratory shall be to
conduct comparative testing in the case of conflicting or contested
results, or for quality monitoring purposes and to ensure an appropriate
follow-up of such comparative testing;
collaborate with official laboratories in their area of competence;(b)
(4)
15.(1)
(2)
(a)
(b)
(c)
(3)
(a)
(b)
(4)
(5)
(a)
(b)24ensure the dissemination to official laboratories of information relating
to testing procedures in relation to food safety;
provide scientific and technical assistance to the Food Safety Service
for the implementation of this Act; and
carry out such other duties as may be set out in regulations.
Appointment of food inspectors
The Minister may, on the advice of the Director by instrument in
writing, appoint an officer of the Food Safety Service who meets the prescribed
qualifications, to be an inspector for the purposes of this Act.
The Minister shall, on the advice of the Director, prescribe the technical
qualifications and experience required to function as an inspector for the purposes
of this Act.
Where an officer is appointed as a food inspector he shall on appointment
submit to the Director a declaration of interest in the prescribed form, specifying
whether he has any material, financial or other interest in, or stands to benefit
materially from any business activity relating to any food or food business to
which this Act applies.
A food inspector shall avoid any act which may give rise to a conflict
between his private interests and his duties and responsibilities under this Act,
or in which his private interests could improperly influence the performance of
his duties and responsibilities under this Act.
A food inspector shall as soon as may be practicable, notify the Director
of any situation or circumstance in relation to which he stands to benefit
materially under subsection (3) or which may give rise to a conflict of interest
under subsection (4).
A declaration of interest under subsection (3) and notification under
subsection (5) shall, in the case of the Director be submitted to the Minister.(c)
(d)
(e)
16.(1)
(2)
(3)
(4)
(5)
(6)25The failure of a food inspector to comply with subsection (3) or (5) shall
constitute misconduct within the meaning of the Public Service Act , Cap. 29
Identification of food inspectors
The Director shall issue an identification card to each person
appointed as a food inspector under section 16.
A food inspector shall have in his possession at all times the identification
card issued under subsection (1) and in the course of performing an enforcement
action under this Act shall produce that identification card at the request of a
member of the public.
Food analyst
The Minister may, on the recommendation of the Director and subject
to subsection (2), by instrument in writing, appoint a qualified person or
institution as a food analyst to conduct inspections and tests for the purposes of
this Act.
A person or institution appointed as a food analyst under subsection (1)
shall
in the case of a person, possess such qualifications and experience; and
in the case of an institution satisfy such criteria
as may be prescribed by the Food Safety Service in regulations.
An owner, director, partner or employee of a food business who has any
actual or reasonably perceived interest in a matter or other action to be taken by
the Food Safety Service, shall not be appointed as a food analyst.
The Minister shall, by Notice in the Official Gazette,  publish the list of
food analysts who are appointed for the purposes of this Act.(7)
17.(1)
(2)
18.(1)
(2)
(a)
(b)
(3)
(4)26Manuals
The Food Safety Service, in consultation with relevant stakeholders
and subject to the approval of the Minister, may develop manuals to guide a food
inspector or any government entity with a role in food safety, in the execution
and enforcement of food safety requirements under this Act.
Any government entity referred to in subsection (1), shall
have regard to any relevant provision of any such manual; and
comply with any direction given by the Minister, on the advice of the
Director, which may require them to take any specified steps in order
to comply with such a manual.
Co-ordination of other government entities with a role in food safety
The Food Safety Service shall co-ordinate the government agencies
and government departments set out in the Schedule , that have a role in food
safety.
The Food Safety Service shall, with the collaboration of the Department
for the Coordination of Agricultural Health and Food Control, enter into
agreements with all government entities with a role in food safety.
The agreements referred to in subsection (2) shall set out
the annual work plan;
the food safety control plan; and
the implementation and information-sharing obligations relating to
paragraphs (a) and (b).
The Director shall cause to be prepared an annual progress report on the
implementation of the work plan referred to in subsection (3) and shall submit
that report to the ministers responsible for each government entity with a role in
food safety.19.(1)
(2)
(a)
(b)
20.(1)
(2)
(3)
(a)
(b)
(c)
(4)27Service-level agreements
The Food Safety Service shall enter into a service-level agreement
with one or more government entity.
The purpose of the agreement referred to in subsection (1) shall be
to clarify the respective legal functions of each government entity;
to provide generally for the co-ordination and co-operation between or
amongst the government entities;
to specify the duties, powers and functions on such terms and
conditions that one party may exercise, carry out and perform for
another party; and
to agree on the obligations and responsibilities of each government
entity in the drafting, approval, update and implementation of the food
safety control plans referred to in section 20;
Review and audit
The Food Safety Service shall monitor the implementation of the food
safety control plans referred to in section 20.
The Food Safety Service shall further arrange for its own performance to
be subject to review, evaluation and audit by an external body or shall carry out
a self-audit according to parameters prescribed in guidelines.
The Food Safety Service shall, in collaboration with the Department for
the Co-ordination of Agricultural Health and Food Control
monitor and evaluate the implementation and enforcement of this Act;
and
set out the conclusions of the review in a report.21.(1)
(2)
(b)
(d)
(e)
(f)
22.(1)
(2)
(3)
(a)
(b)28The report referred to under in paragraph (b) of subsection (3) shall be
published within 5 years after the commencement of this Act and thereafter at
intervals not exceeding 3 years.
Powers of the Minister
The Minister shall designate
the ports of entry and the ports of exit for food subject to the provisions
of any customs enactment.
official and reference laboratories.
PART III
FOOD STANDARDS AND CONTROL
Principles of food safety measures
The Food Safety Service shall develop and implement food safety
measures for Barbados which shall
protect public health and enable confidence among food consumers;
be harmonized with international standards relating to food safety
including standards from Codex and the International Health
Regulations;
be technically justified through risk assessments and science-based
decisions; and
be based on the principles of least-trade restrictiveness, necessity, and
proportionality to risk.
Where the relevant scientific evidence is insufficient, the Food Safety
Service shall develop and implement food safety measures for a prescribed period
of time, which are based on relevant information which is available at that time,
including information from relevant international organizations.(4)
23.
(a)
(b)
24.(1)
(a)
(b)
(c)
(d)
(2)29Where a temporary food safety measure has been developed and
implemented in accordance with subsection (2), the Food Safety Service shall
revise those measures when new information is available.
Food safety requirements and standards
No person shall produce, process, manufacture, distribute, supply,
sell, import into or export from Barbados any food which does not comply with
the food safety and quality requirements developed by the Food Safety
Service; and
the food safety and quality standards developed by Food Safety
Committee.
Limiting or banning substances or processes in food
The Food Safety Service may establish food requirements with respect
to
the presence of additives, biological, radiological or chemical
contaminants, veterinary medicines, fertilizers, pesticides and other
residues based on a risk-based approach or international standards; and
the types of processes used in the manufacture of food to ensure that
food safety.
Labelling and packaging
Where food is intended to be sold in a package,
the materials used in the package, shall be in accordance with the food
safety requirements developed by the Food Safety Service; and
there shall be a label
on the package;
on the point-of-purchase sign; or(3)
25.
(a)
(b)
26.
(a)
(b)
27.(1)
(a)
(b)
(i)
(ii)30on both the package and the point-of-purchase sign.
Every label referred to in subsection (1) shall be
written in English;
permit its traceability; and
include any other particulars as may be prescribed in regulations.
Where food intended to be sold is not contained in a package it shall be
labelled as may be prescribed in regulations.
Notwithstanding subsections (1), (2) and (3), the Food Safety Service shall
prescribe labelling requirements relating to nutritional value, best-by dates and
food quality parameters in regulations.
Traceability
The Food Safety Service shall establish a traceability system to
trace back through all stages of processing to the supplier, the
ingredients, raw material and primary packaging materials, including
transportation, storage and distribution;
trace forward from the supplier to sale to the customer, the ingredients,
raw material and primary packaging materials through all stages of
processing, including transportation, storage and distribution; and
enable the identification of all traceable items throughout the food
chain.
A food business operator shall
establish and maintain records to identify the immediate
previous source of a traceable item as well as the traceable item
itself; and
subsequent recipient of a traceable item as well as the traceable
item itself;(iii)
(2)
(a)
(b)
(c)
(3)
(4)
28.(1)
(a)
(b)
(c)
(2)
(a)
(i)
(ii)31assign an identification number and a batch or lot number to any food
which it has processed; and
make the records referred to in paragraph (a) and any identification
numbers referred to in paragraph (b) available on request to the Food
Safety Service in accordance with procedures prescribed by
regulations.
Under this section, the Food Safety Service shall have regard to the
characteristics, scales, and capacities of a food business and may establish
different criteria, requirements and other provisions for different classes of food
business.
Recall of food products
The Food Safety Service shall develop a classification system for food
recalls and related processes, according to the risk to public health.
The Food Safety Service shall issue a recall order to a food business
operator where a food presents a food safety risk or does not otherwise comply
with the food safety requirements developed by the Food Safety Service.
Where a food business operator fails to comply with his obligations related
to a recall under subsection (2), the Food Safety Service shall
initiate a recall action;
dispose of the traceable item in accordance with prescribed procedures;
and
recover the costs of a recall action from the food business operator.
The Food Safety Service may, in the case of an emergency, take a recall
action without giving prior notice to the responsible food business operator and
may recover the costs of the enforcement of that recall action from the food
business operator.
Where a food business operator knows or reasonably believes that a
traceable item which he has imported, produced, processed, manufactured, held(b)
(c)
(3)
29.(1)
(2)
(3)
(a)
(b)
(c)
(4)
(5)32or distributed presents a food safety risk or is not otherwise in compliance with
food safety requirements developed by the Food Safety Service, the food business
operator shall immediately take the necessary measures to
stop the distribution of the traceable item;
notify the Food Safety Service, providing detailed information on the
actions taken to recall the traceable item and the information provided
to consumers;
notify the public, consumers and relevant parties of the reason for the
recall of the traceable item and its withdrawal in accordance with the
procedure established by the Food Safety Service;
withdraw from the market any product that may create a food safety
risk or potentially mislead consumers; and
recall from consumers and other relevant parties the traceable item
already purchased when other measures are not sufficient to guarantee
food safety.
Notwithstanding subsection (1), a food business operator may initiate
recall actions on his own initiative where there is a deficiency relating solely to
the quality of food, food labelling or packaging which does not create a food
safety risk.
Where a food business operator receives a recall notice from his supplier,
he shall
immediately inform the Food Safety Service of the food safety risk and
initiate a recall of the food product for it to be disposed;
inform the Food Safety Service of actions taken to protect the
consumer;
comply with all directives issued by the Director; and
liaise with the supplier from whom the food product was imported or
to whom the product was exported.(a)
(b)
(c)
(d)
(e)
(6)
(7)
(a)
(b)
(c)
(d)33Recall responsibilities and procedures involving an importer or
exporter
Where an importer
has reason to believe that a food that he has imported does not comply
with the food safety requirements developed by the Food Safety
Service;
receives a recall notice from a supplier;
receives a recall order from the Food Safety Service
he shall implement the procedures set out in subsection (2).
Subject to subsection (1), an importer shall
carry out a recall;
provide the consignees with any information necessary to locate the
product in its distribution system;
inform the Food Safety Service of where and how far into the supply
chain the food has gone and whether any of the targeted product has
reached consumers; and
notify the public, trading partners and consignees of a recall, as
prescribed in regulations.
Where an exporter has reason to believe that a food that he has exported
does not comply with the food safety requirements of the importing country,
the Food Safety Service shall, at the request of the exporter or on its
own initiative, inform the competent authority for food safety in the
importing country; and
the food exporter shall inform his trading partner in the importing
country,
of the grounds for the recall.30.(1)
(a)
(b)
(c)
(2)
(a)
(b)
(c)
(d)
(3)
(a)
(b)34PART IV
EMERGENCY PREPAREDNESS AND RESPONSE
Emergency preparedness and response plan and early warning system
The Food Safety Service and the departments responsible for
surveillance and epidemiology in the Ministry shall establish the mechanisms for
an early warning system for foodborne diseases, foodborne incidents and food-
borne emergencies,
The Chief Medical Officer, on the recommendation of the Food Safety
Service, shall develop a food safety emergency preparedness and response plan
to facilitate an effective and rapid response to foodborne diseases, foodborne
incidents and foodborne emergencies.
The food safety emergency preparedness and response plan developed
under subsection (2) shall be implemented by a multisectoral and
multidisciplinary team of persons, co-ordinated by the Food Safety Service,
based on the nature of the emergency and shall include:
the command structure for mounting a response;
Emergency measures
Where the Food Safety Service suspects that an outbreak of a
foodborne disease exists or is likely to exist on the basis of a risk-based approach,
the Food Safety Service may apply any emergency response measure it considers
necessary to minimize or eliminate the risk to public health and safety including:
declaring a food safety emergency using all reasonable media
platforms;
prohibiting or stipulating conditions on the production, processing,
handling or sale of the food suspected to be hazardous;
causing any food to be tested or examined as prescribed;31.(1)
(2)
(3)
(a)
(b)
32.(1)
(a)
(b)
(c)35recalling food that has been distributed for sale or consumption;
causing any food to be held or isolated in any place, and prohibiting
the removal of food from that place for such time as shall be prescribed;
ordering and monitoring the destruction of the food that is suspected
to be hazardous;
requiring the disposal of food, food products or the treatment of
premises, in order to prevent the further spread of the hazard or disease;
and
communicating with the public periodically on the risks relating to the
food emergency and any additional precautionary and other measures
that can be taken by the public.
Where the Food Safety Service applies any of the measures referred to in
subsection (1), the food business operator shall bear the costs.
PART V
FOOD BUSINESS OPERATORS LICENCE AND FOOD HANDLERS
CERTIFICATE
Food business operators licence
A person who intends to operate a food business shall require a food
business operators licence issued by the Food Safety Service.
A person who intends to operate a food business shall apply to the Food
Safety Service in the prescribed manner and may be issued a food business
operators licence on the payment of the prescribed fee.
The Food Safety Service shall consider an application submitted in
accordance with subsection (2) within the prescribed time.(d)
(e)
(f)
(g)
(h)
(2)
33.(1)
(2)
(3)36For the purpose of evaluating an application submitted under subsection
(2), the Food Safety Service shall inspect the premises on which the business is
to operate and consider the prescribed requirements to determine whether a food
business operators licence should be issued and the conditions, if any, under
which it should be issued.
Where the Food Safety Service determines that the prescribed
requirements are met, the Food Safety Service shall issue a food business
operators licence, subject to such terms and conditions as the Food Safety Service
may impose.
Where the Food Safety Service determines that the prescribed
requirements for a food business operators licence are not met, the Food Safety
Service shall not issue a food business operators licence and provide reasons in
writing.
As a condition of the issue of a food business operators licence, the Food
Safety Service may include requirements for mandatory training and other
continuing development activities.
Conditions of food business operators license
A food business operators licence shall
not be transferred without the consent of the Food Safety Service; and
unless cancelled, continue in force from the date on which it is issued
until such period as may be prescribed or specified in the licence.
The Food Safety Service shall, in every licence granted to operate a food
business, specify
the period for which the licence is valid;
the rights, duties and obligations of the food business operator;
the location of the food business;
the approved building and site plan;(4)
(5)
(6)
(7)
34.(1)
(a)
(b)
(2)
(a)
(b)
(c)
(d)37the processes or other operations permitted to be carried on in the food
business;
the goods and materials authorized to be stored in the premises of the
food business; and
such other conditions as may be required by the Director.
The Food Safety Service may, in relation to a licence, specify
the types and nature of imported and other goods permitted to be used;
the conditions, if any, subject to which the processes or other operations
may be carried on in the food business; and
the standard input-output norms, wherever considered necessary, for
the raw materials and the finished food.
Amendment of food business operator’s licence
The Food Safety Service may, on the application of a food business
operator or on its own initiative, amend a licence issued under this Part,
to change any restriction or condition specified in the licence regarding
the goods authorised to be stored on the premises of the food business;
to add or remove specific locations of the food business or its activities;
or
to specify such restrictions and conditions as the Food Safety Service
may consider necessary.
Renewal of food business operators licence
A food business operator who intends to renew a food business
operators licence shall apply to the Food Safety Service in the prescribed form
not later than 60 days before the date of expiry of the licence, for the food business
operators licence to be renewed.(e)
(f)
(g)
(3)
(b)
(d)
(e)
35.
(a)
(b)
(c)
36.(1)38For the purpose of evaluating an application submitted under subsection
(1), the Food Safety Service shall inspect the premises on which the business is
to operate and consider the prescribed requirements to determine whether a food
business operators licence should be renewed and the conditions, if any, under
which it should be renewed.
Where the Food Safety Service determines that the prescribed
requirements are met, the Food Safety Service shall renew the food business
operators licence, on the payment of the prescribed fee, subject to such terms and
conditions as the Food Safety Service may impose.
Where the Food Safety Service determines that the prescribed
requirements for a food business operators licence are not met, the Food Safety
Service shall not renew the food business operators licence and provide reasons
in writing.
As a condition of the renewal of a food business operators licence, the Food
Safety Service may include requirements for mandatory training and other
continuing development activities.
Suspension of food business operators licence
The Food Safety Service may suspend a food business operators
licence where the Food Safety Service has reason to believe that the food business
operator has breached a condition of the licence or acted in a manner contrary to
the provisions of this Act.
Revocation of food business operators licence
The Food Safety Service may revoke a food business operators licence
where the food business operator has repeatedly
breached a condition of the food business operators licence;
created a risk to public health through his food business; or
acted in a manner contrary to the provisions of this Act.(2)
(3)
(4)
(5)
37.
38.(1)
(a)
(b)
(c)39Where the Food Safety Service intends to revoke a food business operator’s
licence the Food Safety Service shall, not later than 60 days before the proposed
date of revocation give written notice to the holder of the licence of the Food
Safety Service’s intention to revoke.
Notwithstanding subsection (2), the Food Safety Service shall without
delay revoke a food business operators licence where the risk to public health
requires immediate action.
Voluntary surrender of food business operator’s licence
A food business operator may apply to the Food Safety Service in the
prescribed form to surrender his food business operators licence.
Where the Food Safety Service approves the application submitted in
accordance with subsection (1), the food business operators licence shall be
revoked and the revocation shall be effective 2 months from the date of the receipt
of the application.
Procedure for the suspension or revocation of food business operators
licence
Where the Food Safety Service determines that a food business
operators licence is to be suspended or revoked, the Food Safety Service shall,
as soon as may be practicable following the decision, give written notice to the
food business operator of the decision and the reasons for the decision.
The Food Safety Service shall cause a seal to be placed on the premises of
the food business together with such notices as the circumstances may require
where the circumstances that gave rise to the revocation or suspension of a food
business operators licence involve a risk to the public if the food business did not
immediately cease operation.
Where the Food Safety Service revokes a food business operators licence
under section 38, the Food Safety Service may recommend to the Ministry
responsible for industry and commerce, that the business licence be revoked.(2)
(3)
39.(1)
(2)
40.(1)
(2)
(3)40Food handlers certificate
A person who intends to operate as a food handler shall require a food
handlers certificate issued by the Food Safety Service.
A person who intends to operate as a food handler shall apply to the Food
Safety Service in the prescribed manner and may be issued a certificate
on the payment of the prescribed fee; and
on the successful completion of any food safety and food hygiene
practices training carried out by, or authorized by the Food Safety
Service.
The Food Safety Service shall consider an application submitted in
accordance with subsection (2) within the prescribed time.
Where the Food Safety Service determines that the prescribed
requirements are met, the Food Safety Service shall issue a food handler’s
certificate, subject to such terms and conditions as the Food Safety Service may
impose.
Where the Food Safety Service determines that the prescribed
requirements for a food handlers certificate are not met, the Food Safety Service
shall not issue a food handlers certificate and provide reasons in writing.
Suspension or cancellation of food handlers certificate
The Food Safety Service, having regard to the gravity of the
circumstances, may suspend or cancel a food handlers certificate issued under
section 41 for any of the following reasons:
the food handler is found, on medical examination, to be suffering from
a communicable disease that can be transmitted by handling food;
the information provided by the food handler in relation to the
application is found to be false in any material particular;41.(1)
(2)
(a)
(b)
(3)
(4)
(5)
42.(1)
(a)
(b)41the food handler has contravened the provisions of the Act or
regulations made thereunder;
there are reasonable grounds to believe that the food handler poses a
risk to food safety; or
the holder requests its suspension or cancellation.
Where the Food Safety Service determines that a food handlers certificate
is to be suspended or cancelled, the Food Safety Service shall, as soon as may be
practicable following the decision, give written notice to the food handler of the
decision and the reasons for the decision.
PART VI
RESPONSIBILITIES OF FOOD BUSINESS OPERATORS
Responsibilities of food business operator
A food business operator shall
have primary responsibility for ensuring the safety of food that is the
subject of his food business;
take a preventive approach to food safety risks in the operations of the
business;
be responsible for all expenses for the operation, maintenance, security,
safety and repair of the food business and for expense for services
provided by the Food Safety Service;
not make any alteration or addition to the premises of the food business
without first obtaining the written permission of the Food Safety
Service;
facilitate all requests made by the Food Safety Service for the
inspection of the premises and records;(c)
(d)
(e)
(2)
43.(1)
(a)
(b)
(c)
(d)
(e)42ensure that adequate procedures are in place to maintain the security
and safety of the premises and operational processes.
A food business operator shall, in accordance with food safety standards
and requirements established and developed by the Food Safety Service,
clearly identify the activities which are critical to the safety of food;
and
ensure that appropriate food safety procedures are identified,
implemented, maintained and reviewed by
identifying the points in the operation of the food business where
food hazards may occur and determining the points which are
critical to ensuring food safety;
analysing the potential food hazards in the operations of the food
business;
implementing effective control and monitoring procedures at the
critical points; and
periodically reviewing the analysis of food hazards, the critical
points , control and monitoring procedures whenever the
operations of the food business change.
A food business operator shall ensure that every employee who is engaged
in the handling of food
is the holder of a valid food handlers certificate issued in accordance
with section 41;
is appropriately supervised and instructed commensurate with their
work activities;
practices good personal hygiene; and
complies with prescribed food handling requirements and conditions.(f)
(2)
(a)
(b)
(i)
(ii)
(iii)
(iv)
(3)
(a)
(b)
(c)
(d)43A food business operator shall keep records of the food business operations
conducted under this Act and shall make available for inspection by the Food
Safety Service the prescribed information and records.
Prohibition from selling food unsafe or unfit for human consumption
A food business operator shall not sell for human consumption any
food which is
unsafe; or
unfit for human consumption in accordance with section 62.
For the purposes of this Part, food is unsafe if
it has been rendered injurious to health by means of adulteration or
other means;
it has passed its expiration date for human consumption;
it shows signs of spoilage or is so contaminated, whether by extraneous
matter or otherwise, that it would not be reasonable to expect it to be
used for human consumption in that state; or
it should not be consumed due to its long-term effects on health.
Where any unsafe food is part of a batch, lot or consignment of food of the
same class or description, it shall be presumed for the purposes of this section,
until the contrary is proved, that all of the food in that batch, lot or consignment
is unsafe.
In determining whether any food is unsafe or shall be deemed to be unsafe,
regard shall be had to
the normal conditions
at each stage of production, processing, storage and distribution
of the food; and
of use of the food by the consumer; and(4)
44.(1)
(a)
(b)
(2)
(a)
(b)
(c)
(d)
(3)
(4)
(a)
(i)
(ii)44the information provided to the consumer, including information on
the label, or other information generally available to the consumer
concerning the avoidance of specific adverse health effects from a
particular food or category of foods.
In determining whether any food is injurious to health, regard shall be had
to
the probable immediate, short-term or long-term effects of the food on
the health of a consumer and subsequent generations of the consumer ;
the probable cumulative toxic effects of the food; or
any particular health sensitivities of a specific category of consumers
if the food is intended for that category of consumers.
In determining whether any food is unfit for human consumption, regard
shall be had to whether the food is unacceptable for human consumption
according to its intended use, for reasons of contamination, whether by
extraneous matter or otherwise, or through putrefaction, deterioration or decay.
Monitoring of medical conditions
A food handler who knows or suspects that he
is suffering from or is a carrier of an infectious or communicable
disease transmissible through food; or
is afflicted with an infected wound, a skin infection, sores, diarrhoea
or with any analogous medical condition, or circumstance where there
is any likelihood of him directly or indirectly contaminating food with
pathogenic micro-organisms
shall report that knowledge, suspicion or affliction to the operator of the food
business at which he works and shall immediately cease work until he receives
a medical certificate in accordance with subsection (2).
Where a food business operator suspects or is informed that paragraph
(a) or (b) applies to one of his employees, the food business operator shall(b)
(5)
(a)
(b)
(c)
(6)
45.(1)
(a)
(b)
(2)45immediately instruct that employee to visit a medical practitioner and shall not
permit the food handler concerned to commence or to continue employment as
a food handler until a medical practitioner certifies that the person is free from
any infectious or communicable disease that is likely to contaminate food.
Where the results of any medical examination indicates that a food handler
is suffering from a disease that is likely to contaminate food, the Food Safety
Service may, for the purpose of safeguarding the public health, by notice in
writing
prohibit that employee from continuing that employment; or
suspend or cancel that employee’s food handlers certificate.
Medical practitioners’ duty to report
It shall be the duty of a medical practitioner to report every food-
related illness to the Food Safety Service, and the Director shall inform the Chief
Medical Officer.
PART VII
IMPORT AND EXPORT OF FOOD
Import requirements
A person who intends to import food into Barbados shall require xx.
Where a person who intends to import food requires an import permit, he
shall apply to the Food Safety Service in the prescribed manner and may be
granted an import permit on the payment of the prescribed fee.
An application for an import permit under subsection (2) shall be
accompanied by
where required, a prescribed certificate of analysis, certificate of
conformity or any other certificate required from the exporting country(3)
(a)
(b)
46.
47.(1)
(2)
(3)
(a)46which indicates that the applicable food safety import requirements and
food safety standards for Barbados have been met;
an agreement or contract between the importer and trading partner in
the exporting country which indicates that food which is subsequently
found to be unsafe or not meeting the food safety requirements
established by the Food Safety Service shall be
re-shipped to the country of origin or to such other place as the
Food Safety Service may approve; or
destroyed.
In evaluating an application for an import permit under subsection (3), the
Food Safety Service shall to determine whether
the importer has complied with the food safety requirements;
a physical inspection or sampling of the food imported is required by
the Food Safety Service at the port of entry; or
the food imported may be released to the importer without being
subject to physical inspection or sampling.
Import inspections
Where a decision is made by the Food Safety Service to physically
inspect or sample food that is to be imported, that decision shall be based on a
risk assessment, with consideration given to
the nature of the food;
the country of origin;
any arrangements in place with the country of origin;
the past history of the commodity or the importer; and
any other matter that the Food Safety Service considers important to
determine risk.(b)
(i)
(ii)
(4)
(a)
(b)
(c)
48.(1)
(a)
(b)
(c)
(d)
(e)47The Food Safety Service shall keep the prescribed records relating to
import inspections.
Where the Food Safety Service determines that a physical inspection is
required
the food shall not be released pending an inspection; or
where necessary, a sample of the food shall be collected and sent to an
official laboratory for analysis.
The containers, packaging material, labelling and ingredients of food
imported into Barbados may be subject to physical inspection and sampling.
Where the taking of a sample of food from a consignment is not required,
on completion of a documentary inspection or physical inspection where it is
required, and it is found that the food meets the import requirements of Barbados,
the Food Safety Service shall release the food shipment to the Comptroller of
Customs for clearance.
Where the taking of a sample of food from a consignment is required and
the Food Safety Service finds that the sample
complies with the food safety requirements, the Food Safety Service
shall authorize the release of the consignment to the Comptroller of
Customs and shall submit a written notice to the Comptroller of
Customs and to the importer to that effect; or
does not comply with the food safety requirements, the Food Safety
Service may
detain the consignment and issue a written notice of detention to
the Comptroller of Customs and to the importer; or
issue a written notice ordering the immediate destruction of the
food.(2)
(3)
(a)
(b)
(4)
(5)
(6)
(a)
(b)
(i)
(ii)48An inspection under this Part shall be conducted
at the designated point of entry during the normal business hours of the
Food Safety Service or at any other reasonable time agreed to by the
Food Safety Service; or
at the final destination, in consideration of the perishability of the food,
subject to the prior written approval of the Food Safety Service.
The Food Safety Service may enter into bilateral or other agreements
for arrangements relating to pre-shipment inspections in the country of
origin;
for the evaluation, and where feasible, the acceptance of alternative
food safety measures proposed by the competent authority of an
exporting as being equivalent to the food safety measures required by
the Food Safety Service.
Relabelling and reconditioning
Where a person intends to import food into Barbados but, if imported
and sold would constitute a contravention of this Act, the Director may permit
that the food to be imported only for the purpose of relabelling and
reconditioning, where relabelling and reconditioning would bring that food into
compliance with this Act.
Where a food is not relabelled or reconditioned in accordance with
subsection (1) within the prescribed time, the Director shall cause the importer
to re-ship or destroy the food.
Any costs incurred under this section shall be borne by the importer.(7)
(a)
(b)
(8)
(a)
(b)
49.(1)
(2)
(3)49Luggage exemption
This Part shall not apply to person who arrives in Barbados at a
designated port of entry and has in his possession any processed food for personal
consumption that
is not for sale; and
does not exceed the amount prescribed.
Export certification
Where a person who intends to export food from Barbados requires
an export permit, he shall apply to the Food Safety Service in the prescribed
manner and may be granted an export permit on the payment of the prescribed
fee.
Where a decision is made by the Food Safety Service to inspect or sample
food that is to be exported, that decision shall be based on a risk assessment, with
consideration being given to
the nature of the food;
the importing country;
any arrangements in place with the importing country;
the past history of the commodity or the exported; and
any other matter that the Food Safety Service considers important to
determine risk.
Following an inspection of the food, food business premises, records and
any other aspect relating to the food as may be required, and taking into
consideration the requirements of the importing country, the Food Safety Service
shall
issue any required certificate or other documentation, where the food
meets the requirements of the importing country; or50.
(a)
(b)
51.(1)
(2)
(a)
(b)
(c)
(d)
(e)
(3)
(a)50deny the issuance of a certificate or other documentation and provide
the reasons in a written notice to the exporter, including where relevant,
any remedial action or treatment that may be taken.
Where the exporter undertakes the remedial action or treatment referred to
in paragraph (b) of subsection (2), the exporter may apply for the food to be re-
inspected by the Food Safety Service.
Report on activities
An importer and an exporter shall prepare a report not later than 45
days after the end of each calendar year relating to
the types and quantities of food imported or exported;
the prescribed data concerning shipments of food;
a list of any food found by an importing country not to be in compliance
with the statutory requirements of that country;
a list of any food that was intended to be imported but was rejected and
destroyed or detained;
a summary of any incidents or accidents that may have occurred and
any action taken regarding food found not to be safe for export; and
such other information as may be prescribed by Regulations.
The first report prepared under this section shall be published no later one
year after the commencement of this Act and thereafter shall be published
annually.
Control of waste from international transport vehicles
The Food Safety Service shall prescribe the requirements for the
handling and disposal of waste from international transport vehicles in
regulations.(b)
(4)
52.(1)
(a)
(b)
(c)
(d)
(e)
(f)
(2)
53.51PART VIII
ENFORCEMENT
Objects of inspection
A food inspector under this Act may inspect the following:
raw or processed food products, including import or export
consignments of food;
food ingredients, additives, disinfectants and any substances or
processes used in the production, manufacturing, handling or
packaging of food;
the premises from which food businesses are or may be conducted and
their surroundings and installations, as well as the means of
transportation, equipment and materials;
personnel employed at the food business;
packaging material;
cleaning, disinfecting and maintenance at the food business;
food labels;
all records and documents related to the food chain; and
such other objects as may be prescribed by regulations.
Enforcement approach
Where the Food Safety Service has reason to believe that there is no
evidence that indicates a significant risk to food safety, a food inspector shall
adopt an educative approach as a first step towards ensuring that a food business
operator complies with the food safety standards and requirements established
by the Food Safety Service by discussing the requirements of this Act that relate
to food safety risks, food hazard analysis, supervision, instruction and training.54.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
55.52Food hazard on premises
Where the Food Safety Service has reason to believe that a food hazard
or the threat of a food-borne disease exists in respect of any premises, the Food
Safety Service shall apply any of the measures set out in sections 62, 63 and 64
based on the gravity of the case.
Powers of a food inspector
Subject to section 58, a food inspector may, without warrant but on
the presentation of his identification card issued under section 17
enter any premises in which food is being, or is suspected of being,
produced, manufactured, treated, graded, packed, packaged, labelled,
stored, handled, prepared, served or sold, or in which any other
operation or activity in connection with food is being, or suspected of
being, carried out, and may, for the purpose of determining whether
the provisions of this Act are being contravened,
inspect or search such premises, and examine any food,
appliance, product, material, object or substance which is being,
or is suspected of being, used or destined for use in connection
with the production, manufacture, treatment, grading, packing,
packaging, labelling, storage, handling, preparing, serving or
sale of any food;
request any information, records, or documents regarding the
food business;
weigh, count, measure, mark, open, collect and take samples in
the prescribed manner of any food, product, material, object or
substance, its package or container or lock, secure, seal or close
any door giving access to it;
examine, make copies of or take extracts from any book,
statement or other document found at such premises which56.
57.(1)
(a)
(i)
(ii)
(iii)
(iv)53refers to or is suspected of referring to such food, and demand
from the owner or any person in charge of the premises an
explanation of any entry in it and where such record or document
is kept by means of computer, to have access to it or any
associated apparatus or material;
inspect any operation, record, document or process carried out
on the premises, and request any information regarding such
operation or process from the owner of the premises or from any
person carrying out such operation or process;
read any values recorded by measuring instruments installed on
the premises or by instruments in the possession of the food
inspector;
take any photographs or video recordings relating to the food
business; and
seize any food, appliance, product, material, object, substance,
book, statement or document which appears to provide proof of
a contravention of any provision of this Act, providing a signed
receipt in the prescribed form detailing the reasons for such
action, which shall be countersigned immediately by the of such
premises, food or object;
inspect any vehicle in which food is being or is suspected of being
transported, produced, manufactured, treated, graded, packed,
packaged, stored, handled, prepared, served, sold or in which any other
operation or activity in connection with food is being, or is suspected
of being, carried out; and
stop the distribution or sale of food products which the food inspector
has reason to believe is contaminated or unfit for human consumption
for a prescribed period.(v)
(vi)
(vii)
(viii)
(b)
(c)54Powers to enter dwelling places
The Director or any person authorised in writing by the Director or by
the Minister may enter any premises at all reasonable times, if necessary using
such force as may reasonably be required, for the purpose of
ascertaining whether there is or has been on or in connection with the
premises any contravention of the provisions of this Act or any
regulations;
ascertaining whether circumstances exist which would authorise or
require the Minister to take any action under this Act or any regulations;
taking any action or executing any work authorised or required to be
taken or executed under this Act or any regulations;
performing any function conferred on the Minister or on any such
officer or authorised person under this Act or any regulations; or
generally examining and inspecting the premises. 
An officer or person authorised to enter any premises under subsection (1),
on leaving any unoccupied premises which he has entered pursuant to that
subsection, shall leave such premises as effectually secured against trespassers
as he found them.
Where any power of entry conferred under subsection (1) is to be exercised
by a person authorised by the Minister, or the Director, the person claiming the
right to enter shall produce the document authorising him to enter.
For the purposes of this Act, any dwelling house from which a food
business is operated shall be deemed not to be a dwelling house and shall be
considered a food business.58.(1)
(a)
(b)
(c)
(d)
(e)
(2)
(3)
(4)55Written notices
Where a food inspector takes an action under subsection (1) of section
58, he shall prepare a written notice and provide a copy to the owner of the food
or premises as prescribed by regulations.
Where a food inspector has reasonable grounds to believe that an owner
or person in charge of a food or food business has failed to comply with this Act,
he may serve a written notice on that owner or person in charge
stating the grounds on which he believes that the provisions of the Act
have not been contravened;
specifying the measures that the owner or person in charge shall take
in order to remedy the failures referred to in paragraph (a);
requiring the owner or person in charge to implement those measures,
or measures which are at least equivalent within the time period
specified in the notice.
Where no person is in actual occupation of any premises, or where the
occupier or owner cannot be located, service of any notice under this Act shall
be made by affixing the notice to a conspicuous place on the premises and such
affixing shall be considered as good service of the notice.
Inspection and seizure of suspected food
A food inspector may at all times inspect any food which
has been sold or is offered or exposed for sale; or
is in the possession of, or has been deposited with or consigned to, any
person for the purpose of sale or of preparation for sale.59.(1)
(2)
(a)
(b)
(c)
(3)
60.(1)
(a)
(b)56Where a food inspector has reasonable grounds to believe that food does
not comply with food safety requirements, he may
give notice to the person in charge of the food that, until the notice is
withdrawn, the food or any specified portion of it
is not to be used for human consumption; and
is not to be removed or is not to be removed except to some place
specified in the notice;
seize the food; or
destroy or dispose of the food.
Where a food inspector exercises the powers conferred by paragraph (a)
or (b) of subsection (2) he shall, as soon as is reasonably practicable and in any
event within 14 days, determine whether he is satisfied that the food complies
with food safety requirements and
if he is so satisfied, shall forthwith withdraw the notice; or
if he is not so satisfied, shall destroy or dispose of the food.
Where food is destroyed or disposed under this section, the owner of the
food shall bear any costs incurred in connection with that destruction or disposal.
Duty not to disclose information
A food inspector or food analyst shall not disclose any information to
a third party acquired in the performance of his duties unless otherwise ordered
to do so in writing by the Director, the Minister or by a court.
Where a food inspector obtains information from a person who asserts that
the information provided to the food inspector should be treated as a trade secret
or as confidential business information, the food inspector, Director, or any other
person or entity to whom or to which the information is disclosed shall treat that
information as confidential.(2)
(a)
(i)
(ii)
(b)
(c)
(3)
(a)
(b)
(4)
61.(1)
(2)57Food unfit for human consumption
Notwithstanding the responsibility of a food business operator to
recall products under this Act, where a food inspector finds that any food is unfit
for human consumption or is likely to cause harm to human health, and that the
food business operator fails to withdraw the product from the market, he shall
seize and seal such food, and issue a written condemnation notice to
the owner or the person in charge of the food business or the premises
from which the food business operates that the food or any specified
portion of it is temporarily not to be sold, removed, manipulated,
tampered with or otherwise altered without the authorisation of the
food inspector;
take actions to destroy the food; and
notify, immediately, the Food Safety Service and the Director shall
take action to notify other relevant government and non-government
entities so that all measures necessary to ensure public safety and the
protection of consumers, including public warnings, recall orders,
marketing restrictions, marketing bans or other appropriate measures,
may be adopted where appropriate.
Improvement notice
Where a food inspector has reasonable grounds for suspecting that a
food business operator fails or neglects to comply with food safety requirements,
or the terms of any licence or other authorisation issued pursuant to this Act, the
food inspector may serve on the food business operator an improvement notice
in accordance with subsection (2).
An improvement notice issued under subsection (1) shall specify
the grounds on which the food inspector believes that the food business
operator is failing to comply with the food safety requirements;62.
(a)
(b)
(c)
63.(1)
(2)
(a)58the matters which constitute the food business operator’s failure to
comply;
the measures which the food business operator should apply to prevent,
decrease, control or eliminate a food safety risk that has resulted from
or is likely to result from anything that the food business operator has
done or not done and to ensure compliance; or
any measures that are equivalent to the measures specified in paragraph
(c);
the period within which, the measures referred to in paragraph (c) shall
be taken;
the time within which the food business operator should report to the
food inspector any measures taken; and
that the food business operator to whom it is directed has the right to
request a hearing by the Food Safety Service.
A food business operator who is served with an improvement notice under
this section shall comply within the period of time specified in the improvement
notice.
Hygiene emergency prohibition notices
Where a food inspector is satisfied that there is an unacceptable risk
to human health present at a food business, the food inspector may, by a notice
served on the relevant food business operator, impose a hygiene emergency
prohibition.
There is an unacceptable risk to health under subsection (1) if any of the
following involves an imminent risk of injury to health:
the use for the purposes of the business of any process or treatment;
the construction of any premises used for the purposes of the business,
or the use for those purposes of any equipment; and(b)
(c)
(d)
(e)
(f)
(g)
(3)
64.(1)
(2)
(a)
(b)59the state or condition of any premises or equipment used for the
purposes of the business.
The criteria for determining a health risk condition that serves as a ground
for a hygiene emergency prohibition notice in subsection (1) and the hygiene
emergency prohibition notices that may be imposed shall be prescribed by
regulations.
Where a hygiene emergency prohibition notice has been served under
subsection (1), an authorised officer shall as soon as practicable after the service
of the notice, affix a copy of the notice in a conspicuous place on such premises
used for the purposes of the food business as the officer considers appropriate,
and any person who knowingly contravenes such a notice commits an offence
and shall be liable  to xx.
Without prejudice to the jurisdiction of any court, the Director or the
Minister to reverse or vary any decision to impose a hygiene emergency
prohibition notice, a hygiene emergency prohibition notice ceases to have effect
on the issue by the Director of a certificate to the effect that the Food Safety
Service is satisfied that the food business operator has taken sufficient measures
to ensure that the health risk condition no longer exists with respect to the food
business.
Any person to whom a hygiene emergency prohibition has been issued
shall comply immediately with the requirements stipulated therein.
Appeals
Any person who is aggrieved by an action or decision
of an inspector;
of an official analyst;
relating to the grant of a licence or certificate
may, within  7 days, appeal in writing to the Director.(c)
(3)
(4)
(5)
(6)
65.(1)
(a)
(b)
(c)60The Director shall give a final decision within 14 days on technical matters
but that technical decision shall not prejudice the right of an aggrieved party to
appeal to a Judge in Chambers on a matter of law.
Notwithstanding subsection (1) and (2), the Director shall act in a timely
manner where there is a risk to human health.
PART IX
OFFENCES AND PENALTIES
Offences and penalties
A person who either personally or indirectly through an employee or
agent
places in the market, food which is not in compliance with the
standards;
imports or exports food in contravention of this Act;
fails to ensure that all personnel of a food business follow prescribed
procedures;
operates a food business without a food business operator’s licence or
other authorization required by this Act;
operates as food handler without a food handlers certificate;
fails to submit a report under this Act;
fails to provide access, samples or information to a food inspector on
request;
tampers with any samples taken under this Act or breaks any seal or
alters any markings made by a food inspector without permission;
alters, forges, defaces, or destroys any document issued under this Act;(2)
(3)
66.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)61knowingly or recklessly provides information which is false, for the
purpose of obtaining any document under this Act;
assaults, obstructs, resists, delays, refuses access or boarding to
premises, intimidates or fails to ensure the safety of or otherwise
interferes with a food inspector in the performance of his duties;
impersonates or falsely represents himself to be a food inspector;
fails to comply with any order, direction or permit lawfully made or
granted under this Act;
sells or distributes unsafe or misbranded foods;
manufactures for sale, stores or import any article of food for human
consumption which is misbranded.
falsely describes food; or
otherwise contravenes a provision of this Act,
is guilty of an offence and shall be liable on summary conviction to a fine not
exceeding [       ], or to imprisonment for a term not exceeding [       ], or to both
fine and imprisonment.
Offences by officials and penalties
A food inspector, food analyst or employee of the Food Safety Service
who
seizes food for any reason other than those prescribed in this Act;
discloses any information acquired in the course of exercising his
official functions under this Act, except where required to do so by his
supervisor or by a court;
directly or indirectly procures any monetary or other benefit from a
person affected by the exercise of official powers under this Act;(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
67.(1)
(a)
(b)
(c)62agrees to or abstains from doing, permitting, concealing, or conniving
in doing, any act contrary to the proper execution of his official duties
under this Act; or
otherwise abuses or acts outside the scope of his duties,
is guilty of an offence.
A food inspector who fails to declare any material, financial or other
interest or that he stands to benefit materially from any activity relating to food
or a food business is guilty of an offence and shall be liable on summary
conviction to a fine of [          ], and any interest or benefit acquired as a result of
such conflict of interest shall be forfeited.
A person who contravenes subsection (1)
may be ineligible for reappointment to the office held;
shall be liable to dismissal;
shall be subject to such other penalty as is applicable to a public officer
under the Public Service Act , Cap. 29; or
in the case of a food inspector, shall cease to function as a food
inspector;
Procedure for offences
Where a food inspector reasonably believes that a person has
contravened any of the provisions of this Act, he shall provide that information
to the Director.
The Director shall determine whether the matter shall be subject
to criminal prosecution;
to an administrative penalty; or
to both criminal prosecution and administrative penalty.(d)
(e)
(2)
(3)
(a)
(b)
(c)
(d)
68.(1)
(2)
(a)
(b)
(c)63Presumption
Any food, food ingredient or food additive commonly used for human
consumption shall, if
offered for sale
distributed for the purposes of sale
found on premises used for the preparation, storage or sale,
of that food shall be presumed, unless the contrary is proved, to be intended for
human consumption.
Evidence
In any proceedings under this Act, the production by one of the parties
of a document
purporting to be a certificate given by a food analyst; or
supplied to him by the other party as being a copy of a certificate given
by a food analyst,
shall be sufficient evidence of the facts stated therein unless, in a case falling
within paragraph (a), the other party requires that the food analyst be called as a
witness.
Forfeiture
Where a person is convicted of an offence under this Act the Court
may, on its own motion or at the request of any party to the proceedings, in
addition to any penalty imposed, order that any food or other thing by means of
or in relation to which the offence was committed or any proceeds realized from
its disposition, be forfeited to the Crown.69.(1)
(a)
(b)
(c)
(2)
70.
(a)
(b)
71.(1)64Where the owner of a food, or other thing to which a conviction relates, is
convicted of an offence under this Act and a fine is imposed, the food or other
thing
may be detained until the fine is paid; or
may be sold in satisfaction of the fine.
The owner or other person notified under subsection (2) may appear before
the Court at the hearing of the application and show cause why the food or other
thing to which the conviction relates should not be forfeited.
Where the Court does not order the forfeiture of the food or other thing,
that food or other thing shall be returned to the owner.
Any property, food or other thing ordered to be forfeited under this Act
may be destroyed, sold, leased or donated to a charitable organization if an appeal
is not lodged within the prescribed time.
The proceeds of any sale of any item forfeited in accordance with this
section shall be paid into the Consolidated Fund.
Limitation on liability
The Crown shall bear no liability for loss resulting from the
destruction or disposal of any food carried out in accordance with the provisions
of this Act.
Good faith defence
An employee of the Food Safety Service, food inspector, food analyst,
official or reference laboratory or any other government entity with a role in food
safety shall not be liable to a civil suit or to criminal prosecution in respect of
anything done in good faith in the performance of any official functions under
this Act.
Subsection (1) shall not apply to civil or criminal liability for personal
injury or death.(2)
(a)
(b)
(3)
(4)
(5)
(6)
72.
73.(1)
(2)65Fixed penalty notice for prescribed offences
This section shall apply to any offence prescribed by regulations as a
fixed penalty offence.
For the purposes of this Act a fixed penalty offence is any offence for which
the maximum penalty, excluding any additional fines if the offence is a
continuing one, does not exceed _____.
Where on any occasion an inspector finds a person who he has reason to
believe is committing, or has committed, a fixed penalty offence, he may on the
spot, issue that person a fixed penalty notice, and shall inform the person
to appear before the magistrate on the date specified; or
pay the fixed penalty, in lieu  of appearance before a magistrate.
Where a person is issued a fixed penalty notice in respect of a fixed penalty
offence and
pays the fine within the time prescribed in the fixed penalty notice, no
proceedings shall be instituted for that offence and he shall be treated
for all purposes in law as a person who has not committed, been charged
with, prosecuted for, convicted of or sentenced for the offence in
respect of which the payment was made; or
does not pay the fine within the time prescribed in the fixed penalty
notice, the Food Safety Service shall decide whether to
increase the fine to be paid through written notice, specifying a
new time period for payment; or
take other action as established under this Act.
A fixed penalty notice shall
be in the form set out in regulations;
give such reasonable particulars of the circumstances alleged to
constitute the offence to which the notice relates; and74.(1)
(2)
(3)
(a)
(b)
(4)
(a)
(b)
(i)
(ii)
(5)
(a)
(b)66state
the amount of the fixed penalty, which shall not exceed 20 per
cent of the maximum amount of any fine that is specified under
this Act in respect of the offences to which the fixed penalty
notice relates;
the period for paying the fixed penalty, which shall not exceed
21 days upon receipt of the fixed penalty notice; and
the person to whom, and the address at which
the fixed penalty may be paid;
any correspondence relating to the fixed penalty notice may
be sent;
the method or methods by which payment may be made; and
the consequences of not making a payment within the period
for paying the fixed penalty.
The Chief Veterinary Officer may extend the period for paying the fixed
penalty in any particular case where he considers it appropriate to do so by
sending notice to the person to whom the fixed penalty notice was given.
The admission of guilt and the fixed penalty paid under this section shall
be dealt with by the magistrate in the same manner as adjudication in court of an
offence punishable on summary conviction and for which no conviction is
recorded.
Administrative penalty
The Food Safety Service may issue an administrative penalty notice
in the prescribed form to any person where it is satisfied that that person has
committed an act which does not warrant criminal prosecution.
The Food Safety Service may
suspend or revoke any permit or other authorization;(c)
(i)
(ii)
(iii)
(A)
(B)
(C)
(D)
(6)
(7)
75.(1)
(2)
(a)67suspend or close the operations at an establishment; or
issue a fine or any other administrative penalty
An administrative penalty notice issued under subsection (1) shall specify
the nature of the act constituting the contravention and the penalty to be paid, and
shall require the person to whom it is addressed to pay the administrative penalty
within a period of 14 days from the date of the notice.
A person who is in receipt of an administrative penalty notice issued under
subsection (1) shall, in the manner prescribed subject to section 68, pay the
amount of the administrative penalty and comply with any additional requirement
contained in the notice on or before the date specified in the notice.
A person to whom an administrative penalty notice is addressed and who
wishes to challenge the alleged contravention may instead of paying the amount
of the administrative penalty, follow the appeals process set out in section 78.
In cases of serious or repeated violations of this Act, a licence or other
authorisation issued by the Food Safety Service, the Food Safety Service shall
recommend to the ministry responsible for industry and commerce, the
revocation of the business operating license.
The Ministry responsible for industry and commerce shall suspend or
revoke the business license within 7 days of receiving the recommendation
referred to subsection (6).
Unpaid administrative fine or fixed penalty to constitute a debt to the
Crown
The amount of an outstanding administrative fine constitutes a debt
due to the Crown and is recoverable by legal action at the suit of the Director on
behalf of the Crown.
The debt in respect of an administrative penalty is incurred from the day
immediately following the last day on which an application could be made under
section 77 or, if an application is made under that section and the administrative
penalty is affirmed by the Director, 7 days after the date of such affirmation.(b)
(c)
(3)
(4)
(5)
(6)
(7)
76.(1)
(2)68Powers of the Director in administrative proceedings
Where a matter is to be dealt with administratively by the Director,
the Director may in writing
stay the proceedings in order to facilitate any food that was forfeited
in accordance with section 71 to be condemned;
restore any thing that was seized under this Act, subject to conditions,
where necessary;
impose, reinstate or revoke a penalty or fine as the case may be, in
respect of a breach that does not warrant criminal prosecution but is
the subject of an administrative penalty;
seize food or other goods; or
mitigate or remit any fine or penalty imposed.
PART X
MISCELLANEOUS
Charging of fees
The Food Safety Service shall charge fees for services performed
under this Act.
The fees charged under this Act shall be based on the cost of the service
only and shall be prescribed in regulations.
All fees shall be payable only as permitted by the relevant requirements
under the Public Finance Management Act  (Act 2019-1).77.
(a)
(b)
(c)
(d)
(e)
78.(1)
(2)
(3)69Documents
A document required to be furnished to the Minister or an inspector
under this Act or any regulations or order made thereunder may be furnished in
electronic form.
Where a document referred to in subsection (1) is furnished in electronic
form, an original hard copy of the document must be furnished to the Minister
or an inspector within a reasonable period after the documents are furnished in
electronic form.
Assistance and co-operation from other authorities
The Food Safety Service may request from public officers, ministries
and departments of Government, statutory bodies and private organizations the
provision of such facilities and services to assist food inspectors in the
performance of their functions and the exercise of their powers under this Act.
Information to be provided to public
A food inspector or any person who becomes aware of any situation
in which any food is likely to harm or has caused harm to human health shall
immediately notify the Director.
Where the Director has been informed in accordance with subsection (1),
of any situation in which any food is likely to harm or cause harm to human health
he shall notify the relevant government and non-government entities and request
that measures be taken to ensure the protection of consumers.
The measures referred to in subsection (2) may include public warnings,
recall orders, marketing restrictions, marketing bans and any other appropriate
measures.79.(1)
(2)
80.
81.(1)
(2)
(3)70The Food Safety Service shall, where it is appropriate to do so, provide
and disseminate information, relating to food safety matters in such form as is
considered expedient, including
annual progress reports on the implementation of the Act by the food
industry, including information on levels of compliance and non-
compliance by food businesses;
information material and guidance to food business operators on food
safety requirements, standards and best practices;
advice to consumers on food safety matters.
The Food Safety Service shall cause information to be disseminated to the
general public where it suspects that there are circumstances where food may
create a danger to health or where there is a gross deception of the consumer.
The Food Safety Service shall ensure that the means used to disseminate
information relating to the following:
laws, standards and other requirements concerning food safety;
policies, plans and programmes concerning food safety;
reports produced pursuant to subsection (4); and
such other information, whether for the general public or persons
connected to the food sector, which will promote the achievement of
the objectives of this Act,
are adequate to achieve wide circulation among persons most affected.
Regulations
The Minister may, on the advice of the Food Safety Service, make
regulations to give effect to the provisions of this Act.(4)
(a)
(b)
(c)
(5)
(6)
(a)
(b)
(c)
(d)
82.(1)71In particular and without prejudice to the generality of subsection (1),
regulations made under subsection (1) may provide for all or any of the following
matters
the procedures, criteria for approval and required forms for the issuance
of permits, licenses and other authorisations required by the Food
Safety Service, including the expiry, renewal, suspension and
revocation and conditions attached thereto;
the procedures to be followed by food inspectors, food analysts and
official laboratories in the exercise of their functions;
the procedures relating to auditing of the Food Safety Service and
governmental entities with a role in food safety control;
the production, manufacture, storage, transport, packing, packaging,
labelling and sale of all types of food;
the preparation, handling and serving of food, including technical
requirements, standards or procedures for good hygiene practices;
the requirements and obligations of food business operators;
the location, design, construction, alteration, operation, including
hours of operation and maintenance, of premises, facilities, equipment
and conveyances used in any food business;
traceability and recall systems;
the control of street food;
procedures and conditions for the issuance of export certificates;
the requirement for the designation of official and reference
laboratories;
the establishment, operation and maintenance of laboratories or
laboratory activities;(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)72the use or prohibition of chemicals, chemical compounds, hormones
or additives in the production, harvesting, handling and processing of
food;
the import and export of foods, including any documentation,
procedures and inspections required;
the treatment, destruction and disposal of any food unfit for human
consumption;
the qualifications, education, training and certification of a food
inspector, food analyst or any other staff of the Food Safety Service
the forms to be used for the purposes of this Act;
the fees payable under this Act; and
any other matter required to be prescribed under this Act or for the
better carrying out of the provisions of this Act.
Amendment of Schedule
The Minister may by Order amend the Schedule .
Repeal and savings
The Health Services (Food Hygiene) Regulations
(S.I. 1969 No. 232) are repealed.
The following enactments shall remain in force in so far as they are not
inconsistent with the provision of this Act, until repealed or revoked.
Consumer Protection Act , Cap. 326D;
Food and Drugs (Adulteration) Act , Cap. 327;
Health Services Act , Cap. 44;
Health Services (Assignment of Public Health Inspectors to Private
Businesses) Regulations  (S.I. 1986 No. 143);(m)
(n)
(o)
(p)
(q)
(r)
(s)
83.
84.(1)
(2)
(a)
(b)
(c)
(d)73Health Services (Bakeries) Regulations  (S.I. 1970 No. 111);
Health Services (Communicable and Notifiable Diseases)
Regulations  (S.I. 1969 No. 179)
Health Services (Offensive Trades) Regulations  (S.I. 1969 No. 158);
Health Services (Pathological Laboratories) Regulations
(S.I. 1976 No. 105);
Health Services (Restaurants) Regulations  (S.I. 1969 No. 234);
Market and Slaughter-Houses Act , Cap. 265;
Market and Slaughter-Houses Regulations  (L.N. 1958 No. 73);
Standards Act , Cap. 326A.
The Minister may by Order revoke or modify any permit or certificate
granted under the Health Services (Food Hygiene) Regulations
(S.I. 1969 No. 232).
Act to bind the Crown
This Act binds the Crown.
Commencement
This Act shall come into force..(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(3)
85.
86.74SCHEDULE
(Section 2, 20 and 83)
List of Government Agencies and Departments
A. Government Agencies
Veterinary Authority under the Animal Health and Veterinary Public
Health Act  (Act 2021-)
National Plant Protection Organisation under the Plant Protection
Act (Act 2021-)
                                          B. Government Departments
 
Fisheries under the Fisheries Act , Cap. 391
Public Markets under the Market and Slaughterhouses Act , Cap. 265
Department of Commerce and Consumer Affairs under the Standards
Act, Cap. 326A1.
2.
1.
2.
3.75