WORKING COPY  
21 SEPTEMBER 2021  
 
  C 
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FOOD REGULATIONS  2021  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Food Regulations  2021  Arrangement of Sections  
 
 
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 C 
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FOOD REGULATIONS 2021  
Arrangement of Sections  
Regula tion 
PART I – PRELIMINARY  11 
1 Short title ................................ ................................ ................................ ..............  11 
2  Interpretation  ................................ ................................ ................................ ........  11 
3 Purpose ................................ ................................ ................................ .................  17 
4 Scope  ................................ ................................ ................................ ....................  17 
5 General Requirements  ................................ ................................ ..........................  17 
PART II – APPLICATION FOR FOOD LI CENSE OR PERMIT  18 
DIVISION ONE – FOOD LICENSE  18 
6 Requirements based on risk  ................................ ................................ .................  18 
7 Licence to operate a food business  ................................ ................................ ...... 18 
8  Application for a  food license  ................................ ................................ ..............  19 
9 Application refused  ................................ ................................ ..............................  21 
10 Right to appeal under this Part  ................................ ................................ .............  21 
11  Renewal of licence  ................................ ................................ ...............................  22 
12 General requirements for displa y of license  ................................ ........................  22 
13 Approval to assign or transfer a license  ................................ ...............................  23 
DIVISION TWO – FOOD PERMIT  23 
14 Permit to operate a food business  ................................ ................................ ........  23 
15 Application for a food permit  ................................ ................................ ..............  24 
16 Application refused  ................................ ................................ ..............................  25 
17  Food permit may be renewed  ................................ ................................ ...............  25 
18 General requirements for display of permit  ................................ .........................  25 Arrangement of Sections  Food Regulation s 2021  
 
 
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 PART I II – PREMISES FOR ESTABLISHED FOOD BUSINESSES  26 
19 Application of this Part  ................................ ................................ ........................  26 
20 General environment of food premises  ................................ ................................  26 
21 Design and construction of food premises  ................................ ...........................  26 
22 Equipment, utensils and food contact surfaces  ................................ ....................  28 
23 Sanitary requirements and prohibitions  ................................ ................................  28 
24 Cleanliness of premises  ................................ ................................ ........................  29 
25 Good agricultural practices  ................................ ................................ ..................  30 
PART IV – PREMISES FOR TEMPORARY FOOD BUSINESSES  31 
26 Application of this Part  ................................ ................................ ........................  31 
27 Standard for preparation and sale of street foods  ................................ .................  31 
PART V – GOOD HYGIENIC PRACTICES (GHP)  31 
28 Obligation of fo od bu sinesses regarding good hygienic practices  .......................  31 
29 Personal conduct and hygiene  ................................ ................................ ..............  31 
30  Avoidance of pollution or contamination  ................................ .............................  32 
31  Protection of food  ................................ ................................ ................................ . 32 
32  Restrictions  ................................ ................................ ................................ ...........  33 
33  Avoidance of contaminati on ................................ ................................ ................  33 
PART VI – MEDICAL REQUIREMENTS  33 
34  Food handler to be free from infectious disease  ................................ ...................  33 
35  Food handler required to undergo medical clearance ................................ ...........  34 
36  Notice of contaminated supply  ................................ ................................ .............  35 
PART VII – FOOD STANDARDS  35 
37 Food standards code  ................................ ................................ .............................  35 
PART VIII – LABELLING  36 
DIVISION ONE – LABELLING OF IMPORTED GOODS  36 
38 Labelling of imported goods  ................................ ................................ ................  36 
DIVISION TWO – RE–LABELLING AND RECONDITIONING  36 
39 Re–label ling and reconditioning  ................................ ................................ ..........  36 
DIVISION THREE – LABELLING ON PRE –PACKAGED FOODS  37 
40  Labelling requirements for pre –packaged foods  ................................ ..................  37 
DIVISION FOUR – CONTENT OF LABELS  37 
41  Content of labels ................................ ................................ ................................ ... 37 
42 Language to be used on labels  ................................ ................................ ..............  38 
43  Name of the food  ................................ ................................ ................................ .. 39 
44  List of  ingredients ................................ ................................ ................................ . 39 Food Regulations  2021  Arrangement of Sections  
 
 
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 45  Food additives and other proce ssing aids  ................................ ............................  40 
46  Net contents and drained weight  ................................ ................................ ..........  40 
47  Name, address and country of origin  ................................ ................................ ... 41 
48  Lot identification  ................................ ................................ ................................ .. 41 
49  Expiry date and best –befor e date ................................ ................................ .........  41 
50 Red label table  ................................ ................................ ................................ ..... 41 
51  Instructions for use and storage  ................................ ................................ ...........  42 
DIVISION FIVE – LABELLING ON RE –PACKAGED MEAT, POULTRY, 
SUGAR, FLOUR  42 
52 Re–packaged meat, poultry, sugar, flour  ................................ .............................  42 
DIVISION SIX  – LABELLING ON NON –PREPACKAGED FOOD  42 
53  Labelling Requirements for Non –packaged Foods  ................................ ..............  42 
DIVISION SEVEN – OPTIONAL LABELLING  43 
54 Optional labelling  ................................ ................................ ................................  43 
DIVISIO N EIGHT – EXEMPTIONS FROM LABELLING  43 
55 Exemptions from mandatory labelling requirements  ................................ ...........  43 
DIVISION NINE: PACKAGING  43 
56 Requirements for packaging  ................................ ................................ ................  43 
PART IX – TRANSPORTATION OF FOOD  44 
57  Transportation generally  ................................ ................................ ......................  44 
58 Packaging for transportation of food  ................................ ................................ ... 44 
59 Refrigeration of food  ................................ ................................ ...........................  45 
60  Restriction on transport of meat  ................................ ................................ ...........  45 
PART X – TRACEABILITY  46 
61 Principles and objectives  ................................ ................................ .....................  46 
62 Design  ................................ ................................ ................................ ..................  46 
PART XI – EMERGENCY PROTOCOL OF THE FOOD COUNCIL  46 
63 Notice of imminent risk  ................................ ................................ .......................  46 
64 Power of Authority to i ssue o rders  ................................ ................................ ...... 48 
65 Special provisions relating to recall orders  ................................ ..........................  48 
66 Manner of making emergency orders  ................................ ................................ .. 49 
67 Compensation  ................................ ................................ ................................ ...... 50 
PART XII – IMPORTED FOOD  50 
68 Clearance process for imported food  ................................ ................................ ... 50 
69 Urgent applications for approval to import  ................................ ..........................  51 
70  Food standards to apply  ................................ ................................ .......................  51 
71 Inspection and sampling  ................................ ................................ ......................  51 Arrangement of Sections  Food Regulation s 2021  
 
 
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 72  High risk foods  ................................ ................................ ................................ ..... 52 
73 Criteria for clearance  ................................ ................................ ............................  53 
PART XIII – EXPORTED FOOD  54 
74  Certification of food for export  ................................ ................................ ............  54 
75 Urgent applications for approval to export ................................ ...........................  55 
PART XIV – FOOD WASTE  55 
76 Liquid waste disposal  ................................ ................................ ...........................  55 
77 Solid waste d isposal  ................................ ................................ .............................  55 
PART XV – ADMINISTRATIVE SANCTIONS AND APPEALS  56 
78 Improvement Notice  ................................ ................................ .............................  56 
79 Process for issuance of spot fines  ................................ ................................ .........  57 
80 No right of appeal to Council  ................................ ................................ ...............  57 
PART XVI – FINANCIAL PR OVISIONS  58 
81 Payment for applications  ................................ ................................ ......................  58 
82 Payment for re –inspection  ................................ ................................ ....................  58 
83 Payment of fines  ................................ ................................ ................................ ... 58 
84 Deposit into general revenue account  ................................ ................................ .. 58 
PART XVII – ENFORCEMENT  58 
85 Qualification of authorised officer  ................................ ................................ ....... 58 
86 Appointment or designation of an authorised officer  ................................ ...........  59 
87 Revocation of app ointment or designation  ................................ ...........................  59 
88 Frequency of inspections  ................................ ................................ ......................  59 
89 Cost for re –inspection  ................................ ................................ ..........................  60 
PART XVIII – OFFENCES AND PENALTIES  60 
90  General offences and penalties  ................................ ................................ .............  60 
91 Level of spot fine ................................ ................................ ................................ .. 61 
PART XIX – MISCELLANEOUS  61 
92 Prescribed forms and fees  ................................ ................................ ....................  61 
93 Relationships to Cod ex Alimentarious  ................................ ................................ . 61 
94  Gazette Notice of food dangerous or injurious to health  ................................ ...... 63 
95 Transitional provisions  ................................ ................................ .........................  63 
96 Repeal and savings  ................................ ................................ ...............................  64 
SCHEDULE 1  65 
PART A – BUSINESSES REQUIRED TO APPLY FOR A FOOD L ICENSE  65 
PART B – BUSINESSES REQUIRED TO APPLY FOR A FOOD PERMIT  66 Food Regulations  2021  Arrangement of Sections  
 
 
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 SCHEDULE 2  67 
FORM A – APPLICATION FOR A FOOD LICENSE  67 
FORM B – APPLICATION FOR A FOOD PERMIT  68 
SCHEDULE 3  70 
PART A – FOOD LICENSE CERTIFICATE  70 
PART B – FOOD PERMIT CERTIFICATE  71 
SCHEDULE 4  72 
NOTICE OF APPEAL  72 
APPLICATION FOR RENEWAL OF FOOD LICENSE  74 
SCHEDULE 6  75 
APPLICATION TO ASSIGN OR TRANSFER A LICENSE  75 
SCHEDULE 7  76 
NOTIF ICATION OF INTENDED IMPORTATION OF FOOD INTO THE 
KINGDOM OF TONGA  76 
SCHEDULE 8  77 
APPLICATION FOR PERMIT TO IMPORT FOOD SOLELY FOR 
PURPOSES OF RE –LABELLING OR RE –CONDITIONING  77 
SCHEDULE 9  78 
PERMIT TO IMPORT FOOD FOR PURPOSES OF RE –LABELLING OR 
RE–CONDITIONING  78 
SCHEDULE 10  79 
APPLICATION FOR CERTIFICATION OF FOOD INTENDED FOR EXPORT  79 
SCHEDULE 11  80 
CERTIFICATE OF FITNESS FOR EXPORT  80 
SCHEDULE 12  81 
IMPROVEMENT NOTICE  81 
SCHEDULE 13  82 
SUMMONS  82 Arrangement of Sections  Food Regulation s 2021  
 
 
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 SCHEDULE 14  83 
APPLICATION FOR A MEDICAL EXAMINATION  83 
SCHEDULE 15  84 
CERTIFICATE OF M EDICAL EXAMINATION  84 
SCHEDULE 16  85 
PART A – PERIOD OF VALIDITY FOR FOOD LICENSE  85 
PART B – PERIOD OF VALIDITY FOR FOOD PERMIT  86 
SCHEDULE 17  87 
FEES  87 
SCHEDULE 18  89 
PART A – INFECTIOUS DISEASES  89 
SCHEDULE 19  90 
INTERNATIONAL IRRADIATION SYMBOL  90 
SCHEDULE 20  91 
FOODS NOT REQUIRED TO INDICATE EXPIRY DATE  91 
SCHEDULE 21  92 
REQUIREMENTS FOR RE –PACKAGING FOOD  92 
SCHEDULE 22  93 
FOODS AND INGREDIENTS CAUSING HYPERSENSITIVITY  93 
SCHEDULE 23  94 
CLASS NAMES AND CORRESPONDING INGRE DIENTS  94 
SCHEDULE 24  96 
CLASS TITLES OF FOOD ADDITIVES  96 
SCHEDULE 25  97 
LIST OF HIGH RISK FOODS  97 Food Regulations  2021  Arrangement of Sections  
 
 
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 SCHEDULE 26  98 
NOTICE OF FOOD SAFETY EV ENT OR ISSUE  98 
SCHEDULE 27  100  
EMERGENCY ORDER  100 
SCHEDULE 28  102  
ORDER TO RECALL  102 
SCHEDULE 29  104  
ORDER TO DESTROY  104 
SCHEDULE 30  105  
ORDER TO SEAL  105 
SCHEDULE 31  106  
ORDER TO RE –EXPORT  106 
SCHEDULE 32  108  
DESIGNATION OF AN AUTHORISED OFFICER: FULL POWERS  108 
SCHEDULE  33 109  
FORM OF IDENTIFICATION OF AN AUTHORISED OFFICER  109 
SCHEDULE 34  110  
REVOCATION OF A DE SIGNATION OF AN AUTHORISED OFFICER  110 
SCHEDULE 35  111  
MINIMUM NUMBER OF PLANNED INSPECTIONS PER YEAR BASED ON 
RISK FACTORS  111 
SCHEDULE 36  114  
PART A – PROCEDURE FOR TAKING SAMPLES OF FOOD FOR 
ANALYSIS  114 
SCHEDULE 37  116  
SAMPLING ACCORDING TO RISK AND SIZE LOT  116 Arrangement of Sections  Food Regulation s 2021  
 
 
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 SCHEDULE 38  117  
LABEL FOR FOOD SAMPLE  117 
SCHEDULE 39  119  
REQUEST FOR ANALYSIS OF FOOD SAMPLE  119 
SCHEDULE 40  121  
ANALYST CERTIFICATE*  121 
SCHEDULE 41  123  
SPOT FINES  123 
SCHEDULE 42  125  
APPLICATI ON FOR REGISTRATION OF A FOOD BUSINESS  125 
EXPLANATORY NOTES  127  
 
 Food Regulations 2021 Regulation 1 
 
 
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 C 
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FOOD REGULATIONS  2021  
 
 
IN EXERC ISE of the powers contained in s ection 91 of the Food Act 20 20, the 
Minister responsible for food makes the following r egulations – 
 
 
PART I – PRELIMINAR Y 
1 Short title  
(1) These regulations shall be cited as the Food Regulations 2021.  
(2) These r egulations shall come into force on  the date proclaimed by Cabinet in 
the Gazette.  
2  Interpretation  
(1)  In these regulations, unless the c ontext otherwise requi res –– 
“accredited agency” means a Ministry, agency or entity that has been 
formally accredite d by the National Food Authority to carry out functions 
under the Act or these regulations, the terms of which shall be contained in a 
writt en agreement with the Ministry, agency or entity concerned;  
“Act” means the Food Act 2020 ; Regulation 2 Food Regulations 2021 
 
 
Page  12  to   
 “audit” means a systemati c and functionally independent examination to 
determine whether activities and related results comply with planned 
objectives  by an approve d auditor ; 
“approved a uditor”  An approved auditor in Tonga  is a person approved by 
the Food Authority . The Authority  may, if he is satisfied that the person is of 
good character and competent to  perform his duties as approved  auditor  that 
accredited by a recognize agency in Ton ga and abroad;  
“authorised food inspector ” means an authorised officer appointed by the 
Ministe r pursuant to section 10(1)(b) of the Act;  The person must have  
training, kno wledge, skills and ability to perform an  
assigned task, and who is subject to requir ements specified by these 
Regulations;  
“best before date” means the date which signifies the en d of the period under 
any stated storage conditions during which the product will remain fully 
marketable and will retain any specific qualities for which tacit  or express 
claims have been made, and beyond this date the food may be still be 
satisfactory;   
“beverage” for the purposes of Schedule xx means  any drink other than water 
that is produced for commercial purposes; 
“business” for the purposes of these regulations shall have the same meaning 
as in the Business Licenses Act; 
“certification” means the p rocedure by w hich official cert ification bodies and 
officially recognised bodies provide written or equivalent assurance that foods 
or food control systems con form to certification requirements;  
“claim”  means any representation which states, suggests or im plies that a 
food has particula r qualities relating to its origin, nutritional properties, 
nature, processing, composition or any other quality;  
“clean” means  hygienic, sanitary, disinfected, sterilized, sterile, aseptic, 
decontaminated and healthy.  
“certi fication requ irements” means cr iteria set down by competent 
authorities  overseeing the trade in foodstuffs and covering the pr otection of  
public health, the pr otection of consumers and conditions of fair trading;  
“competent authorities” means the official  authority ch arged by the 
National Food Authority with the control of these Regulations. The national 
Competent Authority shall also be taken to mean a "food a uthority" under the 
Act. Not withstanding this definition, when the term "Competent Authority" is 
used in relat ion to the autho rity in another country to which Tonga is 
exporting or from which Tonga is importing, the Competent Authority shall 
be the officia l authority charged by that country to control imported or 
exported food  Food Regulations 2021 Regulation 2 
 
 
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 “consumer”  means persons  and families  purchasing and receiving food in 
order to meet their personal needs;  
“container”  means any packaging of food for delivery as a single item, 
wheth er by completely or partially enclosing the food and includes wrappers. 
A container may enclose s everal units or types of pack ages when such is 
offered to the consumer;  
“contamination ” means presences of an infectious agent on body surface or 
on other mate rials including food and water;  
“Food Council” means the National Food Council established under section 
38 of the Act;  
“date of manufacture”  means the date on which the food becomes the 
product as described;  
“date of packaging”  means the date on which the  food is placed in the 
immediate container in which it will be ultimately sold;  
“days” for the pu rposes of the se regulations, shall mean calendar days;  
“expiration date”  or “use–by date” means the date which signifies the end 
of the estimated period under any stated storage conditions, after which the 
product most probably will not have the quality at tributes norm ally expected 
by the consumers and after which the food should not be regarded as 
marketable;  
“food” shall have the same meaning as in the Act;  
“food additive” shall have the same meaning as in the Act;  
“food borne disease ” means a disease th at is likely to be transmitte d through 
consumption of contaminated food;  
“food business” shall have the same meaning as in the Act;  
“food contact surface”  mean s any surface which comes into direct contact 
with food during the manufacture, preparation, pack ing, packagin g, labelling, 
transportation, storage, display, sale or distribution of such food;  
“food equipment” includes any machinery, food processor, bakewa re, 
blender, pot, pans and other devices for the preparation, cooking, treatment, 
packaging, stor age or transp ortation of food ; 
“food for catering purposes” means those foods for use in restaurants, 
canteens, schools, public hospitals and similar instituti ons where food is 
offered for immediate consumption;  
“food handler”  means any person who directly  handles, pac kages or 
unpacka ges food, or who handles food equipment and utensils or food contact 
surfaces and is therefore expected to comply with food hygien e requirements; 
and “food handling” has a corresponding meaning;  Regulation 2 Food Regulations 2021 
 
 
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 “food hygiene”  means all conditi ons and measu res necessary to  ensure the 
safety and suitability of food at all stages of the food chain;  
“food premises ” means any premises in, or from which, there is carried on 
any food business and includes booths, stalls, vans, tents, vehicles or land 
used for disp laying and selli ng food;  
“food storage only”  for the purposes of these regulations means any business 
who involved the storage of food accordingly  for commercial purpose ; 
“food utensils” for the purposes of these regulations refers to any kitc hen 
utensils used for the pre paration of food, including but not limited to a cutter, 
baster, blow torch, cleaver, colander, cutting Authority , garlic press, c hopper, 
ladle, measuring cup or spoon, mortar and pestle, pizza cutter, potato masher, 
spatula, t ongs or whisk ; 
“good agricult ural practices”  (GAP) means practices of primary food 
producers (such as farmers and fishermen) that are necessary to produce safe  
and wholesome agricultural food products conforming to food laws and 
regulations;  
“good hygienic  practices”  (GHP) means all p ractices which create, enhance 
or sustain the conditions and measures necessary to ensure the safety and 
suitability of food at al l stages of the food chain;  
“GMO”  means genetically modified o rganism ; 
“HACCP”  means a system whi ch identifies , evaluates, and  controls hazards 
which are significant for food safety;  
“health practitioner ” means a registered medical practitioner, health off icer, 
nurse or midwife under the Health Practitioners Act;  
“Infant” means a person not more than 12 months of age. 
“ingredient ” shall have the same meaning as in the Act;  
“inspection” is the examination of food or systems for control of food, raw 
materials , processing and distribution, including in –process and finished 
product testing, in order to ver ify that they  conform to requ irements;  
“label” shall have the same meaning as in the Act;  
“labelling”  includes any written, printed or graphic matter that is p resent on 
the label, accompanies the food, or is displayed near the food, including that 
for the purpose of pr omoting its sale  or disposal;  
“license” shall have the same meaning as in the Act;  
“liquid medium” for the purposes of regulation 48(2) means wate r, aqueous 
solutions of sugar and salt, fruit and vegetable juices in canned fruits and 
vegetable s only, or vi negar, either si ngly or in combination;  
“lot”  means a definitive quantity of a commodity produced essentially under 
the same conditions;  Food Regulations 2021 Regulation 2 
 
 
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 “market s tall”  for the purposes of these regulations  means  a business area 
with a stand, booth, or compart ment for the sale of goods in  a market or large 
covered area in a permanent period;  
“meat ” means the flesh of animals including fat and offal;  
“medical examina tion” includes conducting a physical examination and any 
laboratory tests or radiographic or diag nostic tests that are require d to make a 
determination of whether the person might have a disease, or a notifiable 
condition, or otherwise pose a risk to human  health;  
“official accreditation” means the procedure by which the Food Authority 
has formally re cognised the competence of a Ministry, agency or entity to 
carry out functions under the Act or regulations, or an inspection and or 
accreditation body to prov ide inspection and certification services;  
“official analyst” means an official analyst appointed  by the Minis ter 
pursuant to section 10(1)(c) of the Act;  
“operator or person in control ” means the person responsible for operating 
the food premises or havin g charge of management or control of the food 
premises either on his own account or as an employe e of the owne r; 
“Order”  means  an Order issued under these regulations;  
“owner” means the person or persons under whose name a business 
responsible for selling food is incorporated or registered;  
“permit” shall have the same meaning as in the Act ; 
“potable”  means water that i s safe to drink, drinkable;   
“potable water supply” mean s safety  water supply  that produce safe water 
from surface and ground  sources  and is  treated to levels that meet Food 
Regulation standards for consumption.  Water  from natural  source s is treated 
for microorganis ms, bacteria, toxic chemicals, viruses and fecal matter.  
“pre –packaged”  means packaged or made up in advance in a container, 
ready  for offer to the consumer, or for catering purposes;  
“preparation”  in relation to food includes manufacture, processing, tran sport 
and any form of treatment;  
“primary production”  means all those steps in the food production chain up 
to and including, for example, harvesting, slaughter, milking and fishing, and 
“primary producers” shall have a corresp onding meanin g; 
“processing” means perform a series of mechanical or chemical operations 
on food in order to change or preserve it.  
“processing aid”  means a su bstance or material, not including apparatus or 
utensils, and not consumed as a food ingredient b y itself, int entionally used in 
the processing of raw materials, foods or its ingredients, to fulfil a certain 
technological purpose during treatment or proces sing and which may result in Regulation 2 Food Regulations 2021 
 
 
Page  16  to   
 the non –intentional but unavoidable presence of residues or derivati ves in the 
final product;  
“public hospital ” means any public institution for the reception, investigation 
and treatment of persons suffering from illness or me ntal disorder or persons 
requiring rehabilitation and includes health centres, clinics, dispensar ies and 
outpa tient department s maintained in connection with such an institution;  
“red label table” means a table set aside by a business for the sale of food 
which are close to expiry as prescribed by regulation 54; 
“repackaging” for the purposes of these  regulations means to the act  of 
unpacking food that has been imported into Tonga inside a particular package, 
and then locally repacking the food into another  package either in its entirety 
or in which part of the contents are repacked into the new packag ing; 
“retaile r” means a trade r who sells goods to a consumer ; 
“risk assessment” means the scientifically based process consisting of hazard 
identification, haz ard characterisation, exposure assessment and risk 
characterisation;  
“risk analysis” means the pr ocess consist ing of risk asse ssment, risk 
management and risk communication;  
“sanitize”  means to adequately treat surfaces by a process that is effective in 
destroying vegetative cells of pathogenic bacteria and in substantially 
reducing other micro –organi sms such that  the treatment s hall not adversely 
affect food and shall be safe for the consumer, and “sanitizing” and 
“sanitization” shall have corresponding me anings;  
“sanitary convenience ” means a flush toilet, urinal or pit latrine;  
“sell” for the purpos es of these r egulations inclu des to offer, advertise, keep, 
expose, transmit, convey, deliver, prepare or possess for sale or exchange, or 
dispose of for any c onsideration whatsoever;  
“sell by date” means the last date of offer for sale to the consumer aft er 
which ther e remains a reas onable storage period at home;  
“spot fine”  means a spot fine issued under section 76 of the Act;  
“storage” for the purposes of th ese regulations means…  
“temporary”  for the purposes of Schedule 1 means a commercial activity 
that takes place  up to six times a year and when it is considered as a whole 
period, is less than three calendar mont hs within a 12 month period ; 
“temporary food stall”  for the purposes of these regulations means a 
business with a stand, booth, or compartment for the sale  of goods in a market 
or large covered area in a temporary basis ;  
“the Act”  means the Food Act 20 20;  Food Regulations 2021 Regulation 3 
 
 
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 “traceability”  means the ability to follow the movement of a food through 
specified stages of production, processing and distribu tion;  
“transportation ” means a watercraft, aircraft, or other means of 
transportation, including a cargo container carried by a watercraft or aircraft, 
that arrives in t he Kingdom or is in the process of departing from the 
Kingdom; and  
“unsanitary practic es” means pr actices whic h might cause contamination or 
be injurious or be dangerous to human health.  
“wholesaler”  means a trader who sells goods to any person for the pur pose of 
resale or for use by such person in his trade or business;  
(2)  Any term or ex pression tha t is defined  in the Act and used, but not defined, in 
these regulations has the same meaning as in the Act.  
3 Purpose  
The purpose of these Regulations is to p rotect the health of the public and to protect 
the consumer against deception and from  food of una cceptable an d poor quality, by 
establishing minimum Standards on food products. These Regulations apply to food 
imported into, or produced and processed in Tonga for domestic consumption or 
export/re –export.  
4 Scope  
(1) These regulations outlin e prescribed  standards w hich shall apply to food and 
food premises in Tonga.  
(2) These regulations shall apply to any person who imports, manufactures, sells, 
distributes , transports, stores or exports food in or from Tonga.  
(3) These regulations shall bin d the Crown.  
5 General R equirements  
 (1) A person who is or intends to carry out a food business listed under Part A of 
the First Schedule, shall be required to apply for  a food license under these 
regulations.  
(2) A person who is or intends to carry out a  food busine ss listed un der Part B of 
the First Schedule, shall be required to apply for a food license under these 
regulations.  
(3) Notwithstanding subsections (1) and (2) of this section, the following 
activities shall be exempt from the application of these regula tions – 
(a) food catering activities which are provided by volunteers and do not 
involve payment for services;  Regulation 6 Food Regulations 2021 
 
 
Page  18  to   
 (b) food provided on international flights or on ships in which the point of 
embarkation was a country outside of Tonga;  
(c) food pr ovided or or ganised by i nternational cruise ships which are in 
transit through Tonga which are not supplied by local food businesses 
or caterers; or 
(d) food provided in Authorisi ng schools and hostels which are not 
supplied by local food businesses or cat erers.  
PART II – APPLICA TION FOR FOOD LICENSE OR PERMIT  
DIVISION ONE – FOOD LICENSE  
6 Requirements based on risk  
(1) The requirements for a business to register or obtain  a license under this Part 
is based on the risk level of each type of business activit y. 
(2) In ad dition to co mplying with requirements for registration –  
(a) a business which presents a higher risk level is listed under Part A of 
the First Schedule and i s required to obtain a food license; and  
(b) a business which presents a lower risk le vel is liste d under Part  B of the 
First Schedule and is required to obtain a food permit.  
7 Licence to operate a food b usiness  
(1) The owner, occupier or person in charge  of a food business listed in Part A of 
the First Schedule must –  
(a) register the bu siness; and  
(b) apply f or a Food License.  
(2)  Registration of the business will be automatically granted, upon submission of 
the completed application form in Part C o f the First Schedule.  
(3) A Food License may be obtained in accordance with the provis ions of this  
Part. 
(4) The Authority shall not issue a Food License to a person to operate a food 
business or in relation to the import, sale or manufacture of food in th e 
Kingdom unless the Authority is satisfied that –  
(a) provisions of the Act and thes e regulation s have been complied with by 
the applicant;  
(b) as applicable, the applicant has demonstrated that the facilities in which 
food will be:  Food Regulations 2021 Regulation 8 
 
 
to  Page  19 
  
 (i) imported, traded  or manufactured;  
(ii) prepared, stored or transported; or  
(iii) sold to consumers,  
meets food sa fety and hyg iene standards prescribed in these 
regulations;  
(c) the applicant is not prohibited from obtaining a license after committing 
previous offences un der the Act or Regulations; and  
(d) the applicant has paid the fee prescribed in the F ourth Schedu le to the 
Authority.  
(5)  A food license  issued by the Authority shall specify the type or types of food 
related activities that the holder is authorised to e ngage in at the premise or 
premises and the conditions applicable to it.  
(6)  A food l icense  speci fied in thes e regulations shall be in addition to, and not as 
a replacement for, any other licence required to be obtained by any business 
or undertaking unde r any Act or regulations currently in force in the Kingdom  
8  Application for a food l icense  
(1) An applicatio n for a food l icense shall be set out in Error! Reference source 
not found.  of the Second Schedule and accompanied by the prescribed fee.  
(2)  Subject to section xx, the Authority shall, within 90 calend ar days  of the 
receipt of the complete d application and such other information as may be 
required in writing, evaluate the application and shall, for this purpose, take 
all necessary s teps to assure itself that the requirements and standards 
prescribed in the Act and regulations have been met,  including but not limited 
to inspection of the premises, equipment and facilities intended to be used by 
the food business . 
(3) Pursuant to sub –regulation (2), the Authority may request information or 
inspect th e prem ises in relation to the following – 
(a) hygiene, production, storage and food handling policies of the 
applicant;  
(b) training materials for proposed staff;  
(c) utensils, equipment, ma chinery or facilities to be used in the 
production, preparation, t reatme nt, repackaging or labelling of food;  
(e) facilities for the transportation of food;  
(f) labels, containers or wrappers for the packaging of food; or  
(g) any other information which t he Authority deems necessary in relation 
to the application.  
(4)  In det ermining whether or not to issue a foo d license, the Authority shall take 
into account the following – Regulation 8 Food Regulations 2021 
 
 
Page  20  to   
 (a) whether employees of the business have been or will be suitably trained 
to ha ndle, prepare, cook, produce, package, repackage, treat, transport  
or se ll food for the purposes of the busine ss; 
(b) whether employees of the business who are or will be engaged in 
activities outlined in sub –regulation (a) have met the prescribed health 
standards of the Ministry of Health, evidenced by the issuance of a  
curre nt medical certificate;  
(c) whether th e premises, machinery, equipment or utensils are suitable for 
the type of food business to be carried out;  
(d) whether storage facilities and equi pment for the local land or sea 
transport of food to the final poi nt of sale is appropriate;  
(e) whether the p remises meet prescribed standards of hygiene and safety 
specified in PART III of this regulation; and  
(f) any other criteria that the Authority ma y deem appropriate from time to 
time.  
(5) Where the Authority is satisf ied that the applicant has met all the  requirements 
under this Part, the Authority shall issue the applicant with a food license  
specifying the following –  
(a) type or types of food r elated activities that the applicant is authorised to 
carry out;  
(b) commencement and expiry date for the lice nse; 
(c) any special conditions of the license;  
(d) information relating to inspections; and  
(e) conditions for the revocation, suspension or canc ellation of the license.   
(6) The period of validity for each lice nse sh all depend on an assessment of the 
following factors – 
(a) whether the business is well established, indicated by the number of 
years in operation and standard of business facilities a nd services;  
(b)  whether the business has primarily met all the p rescri bed standards and 
requirements;  
(c) level of risk to the public presented by the food or food product;  
(d) the significance of the contribution of the business to national food 
securit y; and  
(e) any other factor which the Authority shall consider imp ortant  to take 
into account.  
(7)  The prescr ibed form of the food l icense shall be set out in Form B of the 
Second Schedule.  
(8) The period of validity for the different categories of food  businesses shall be 
listed on the Th ird Schedule.  Food Regulations 2021 Regulation 9 
 
 
to  Page  21 
  
 9 Application refused  
(1) Where an application for a food license under regulation (7) does not meet all 
the applicable requirements of the Authority, the Authority may in writing, 
direct that the applica nt comply with certain requirements  within a specified 
period of time.   
(2) Where a direction has been issued by the Authority under sub –regulation (1) 
and if after the specified period of time the applicant has not complied with 
the direction, the Authori ty may deny the application and pro vide reasons for 
the denial.  
(3)  Upon  receiving a notice under sub –regulat ion (2), an applicant may appeal the 
decision in accordance with regulation 9.  
10 Right to appeal under this Part  
(1) An appeal to the Food Counci l must be –  
(a) lodged with the Se cretary of the Council in writing with in 14 days of 
the original decision b eing issued by the Authority;  
(b) supported by relevant evidence;   
(c) clearly set out the grounds for the appeal;  
(d) determined by the Council  within 21 days of the appeal being  lodged.  
(2) When determining an appea l under sub –regulation (1), the Counc il shall take 
into account such circumstances as it deems appropriate based on the merits 
of the case.   
(3) Having reached its decision, the Counc il shall within 3 days forward its 
recommendations to the Authority, outl ining whether it believes that the 
Authority’s decision should be upheld or overturned.  
(4) In receiving the recommendations of the Council, the Authority shall either –  
(a) overtur n it earlier decision;  
(b) uphold i ts earlier decision; or  
(c) defer the effect of its earlier decision for a stated period to allow the 
appellant to meet certain conditions imposed by the Authority.   
(5) The final decision of the Authority must be conveye d in writing to the 
applicant withi n 3 days of the final decision being m ade. 
(6) Notwithstanding the timefram es provided in this regulation, the Council may 
agree to provide its decision within shorter timeframes, in relation to matters 
requiring urgency.   
(7) An appeal must be lodged on F orm D of the Second Schedule and 
accom panied by the prescribed fee.  Regulation 11 Food Regulations 2021 
 
 
Page  22  to   
 11  Renewal of l icence  
(1)  A person who owns or operates a food business must apply to the Authority 
for its renewal –  
(a) where the issued license is  valid for less than 1 year, within  the last 
month of the current period of validity of the licence; and  
(b) where the issued license is valid for more than 2 years, within the last 3 
months of the current period of validity of the licence.  
(2)  A Food Li cense will be renewed by the Author ity if the Authority is satisfied 
that the applicant continues to comply wi th the requirements of regulations 
8(2) and 9(5) of these regulations.  
(3) Where the Authority is satisfied that a license should be renewed, the 
Authority will re –issue the license . 
(4) Where the Authority is not satis fied that a license should be renewed , the 
Authority may in writing request that the applicant –  
(a) meet any conditions set out in these regulations;  or 
(b) provide any additional i nformation required by the Authorit y, 
to allow the Authority to be satisf ied that the applicant meets the pres cribed 
standards.  
(5) Where an application does not meet the prescribed standards under these 
regulations, the Authority will notify the applicant  in writing that the 
application fo r renewal of the food l icense has been  refused.  
(6) A person may appeal a d ecision of the Authority in sub –regulation (5) in 
accordance with the rules relating to appeals set out in regulation 9.  
(7) An application for a  renewal of the food license  shall be made on the form 
prescribed in Form  E of the Second Schedule and shall b e accompanied by the 
prescribed fee in Schedule 4.  
12 General requirements for display of license  
(1)  A pe rson who is issued with a food l icense under these regulations shall not 
be entitled to sell, assign or transfer  such licence to any other person exc ept 
with the prior approval of the Authority in accordance with regulation 11A 
and endorsed on the face of the current licence.  
(2)  The holder of  a Food License shall, at all times , display a copy of the Food 
license  in a prominent place of the business’ premises so that members of the 
public and customers can view it.  
(3) Where a business has more than one place of business, a copy of the license  
must be prominently displayed at e ach business premise owned or operated  by 
the license holder and to which t he license relates.  Food Regulations 2021 Regulation 13 
 
 
to  Page  23 
  
 (4) A person who does not display a copy of his valid Food License at a food 
premise shall be liable to a spot fine Section 76  of Food Act under these 
regulation s.  
13 Approval to assign or transfer a license  
(1)  A person may apply to the Authority for permission to assign or transfer a 
license.  
(2)  An application under sub –regulation (1) shall be in Form F of the Second 
Schedu le. 
(3)  The Authority must conside r the application and provide a respon se to the 
applicant within 14 days  of first receiving the application.  
(4)  If the Authority approves an application under sub –regulation (1), the 
approval to assign or transfer the l icense shall be marked on the fac e of the 
current license.  
DIVISION TWO – FOOD PERMIT  
14 Permit to operate a f ood business  
(1) The owner, occupier or person in charge of a food business listed in Part B of 
the First Schedule must –  
(a) register the busine ss; and  
(b) apply for a food p ermit.  
(2)  Registration of the business will be automatically granted, upon s ubmission of 
the completed application FORM C of the Second Schedule.  
(3) A food p ermit may be obtained in accordance with the provisions of this Part. 
(4) For the avoidance of do ubt, a  person who is the holder of a foo d permit shall 
not be req uired to als o apply for a food l icense in respect of the same activity.  
(5)  The Authority shall not issue a food p ermit to a business or person unless the 
Authority is satisfied that –  
(a) provisions of the Act and these regulat ions have been complied with by 
the a pplicant;  
(b) as appropriate, the applicant has demonstrated that the place in which 
food will be prepared, packed, transported and sold to consum ers meets 
food safety and hygiene  standards prescribed in these regulatio ns; 
(c) the applicant is not prohibit ed from obtaining a permit after committing 
previous offences under the Act or Regulations; and  
(d) the applicant has paid the fee prescribed in t he Second Schedule to the 
Authori ty. Regulation 15 Food Regulations 2021 
 
 
Page  24  to   
 (6)  A food p ermit issued by the Aut hority shall specify the type or type s of food 
related activities that the holder is authorised to engage in and the conditions 
applicable to it.  
(7)  A food p ermit specified in these  regulations shall be in addition  to, and not as 
a replacement for, any o ther permit required to be obtained b y any business or 
undertaking under any Act or regulations currently in force in the Kingdom.  
15 Application for a food p ermit  
(1) An application for a food permit  shall be set ou t in Error! Reference source 
not found.  of the Second Schedule a nd accompanied by the prescribed fee.  
(2)  The Authority shall, within 14 days of the receipt of the completed application 
and such other informa tion as may be required in writin g, evaluate t he 
application and shall, for this purpose, take all necessary s teps to assure itself 
that the requirements and standards prescribed in the Act and regulations have 
been met, including but not limited to inspec tion of the premises, equipment 
and facilities  intended to be used by the food vendor.  
(3) Pursuant to sub –regulation (2), the Authority may request information in 
relation to the following – 
(a) hygiene, storage and food handling practices of the applican t; 
(c) utensils, equipment, or fa cilities to b e used in the preparation, cooking, 
storage or labelling of food ; 
(e) arrangements for the transportation of food;  
(f) labels, containers or wrappers for the packaging of food; or  
(g) any other information whi ch the Authority deems necessary in relation 
to the application.  
(4)  In determining whether or not to issue a  food permit , the Authority shall take 
into account the following – 
(a) people who will handle food in the business activity have been or will 
be suitably trained to handle, prepa re, cook, pac kage, transport and sell 
food for the purposes of the activity;  
(b) people who will be engaged in activities outlined in sub –regulation 
(4)(a) have met the required health standards of the Ministry of Health, 
evidenced by the issuance of a cur rent medical certificate;  
(c) whether cooking, storage, transportation, packa ging, and manner of 
display for sale meet applicable standards of food safety and hygiene; 
or 
(d) any other criteria that the Authority may deem a ppropriate from time to 
time.  Food Regulations 2021 Regulation 16 
 
 
to  Page  25 
  
 (5) Where the A uthority is satisfied that the applicant has met all the require ments 
under this Part, the Authority shall issue the applicant with a food permit 
specifying the following –  
(a) type or types of food related ac tivities that the applicant is au thorised to 
carry out;  
(b) commencement and expiry date for the permit;  
(c) any special conditions of the permit; and  
(d) conditions for the revocation, suspension or cancellation of the permit.   
(6)  The prescribed form of  the food permit  shall be set out  in Form B of  the 
Second Schedule.  
(7) The period of validity for the differ ent categories of food businesses shall be 
set out in the Third Schedule.  
16 Application refused  
(1) Where an application for a food p ermit unde r regulation 13 does not meet all  
the applicab le requirements of the Authority, the Authority may in writing, 
direct that the applicant comply with certain requirements within a specified 
period of time.   
(2) Where a direction has been issued by the Author ity under sub –regulation 
14(1) an d if after th e specified period of time the applicant has not complied 
with t he direction, the Authority may deny the application and provide 
reasons for the denial.  
(3)  Upon receiving a notice under sub –regulation 14(2), an applicant may appeal 
the decis ion in accord ance with regulation 9.  
17  Food p ermit may be renewed  
(1)  A pe rson may, in the prescribed form, apply for a renewal of a food permit.  
(2)  The criteria for the renewal of a permit shall be the same as set ou t in 
regulation 13.  
18 General re quirements fo r display of permit  
(1)  A person who is issued with a food p ermit under these regulations shall not be 
entitled to sell, assign or transfer such permit to any other person.  
(2)  The holder of a food p ermit sh all, at al l times, display a copy  of the food 
permit in a prominent place at the point of sale so that members  of the public 
and customers can view it.  Regulation 19 Application of 
this Part   Food Regulations 2021 
 
 
Page  26  to   
 (3) A person who does n ot display a copy of his valid food p ermit as required 
under sub regulation (2) shall be liable to pay a spot fin e section 76 Food Act 
under these regulations.  
     PART III – PREMISES FOR ESTABLISHED FOOD 
BUSINESSES  
19 Application of this Part  
Provisions in this Part shall apply to all business required to apply for a Food 
License.     
20 General environment of foo d premises  
(1)  A person who owns, operates or is in charge of a food busines s shall keep the 
grounds surrounding the food business clean and free from conditions which 
may result in the contamination of food and in particu lar take all practicable 
measures  to ensure th at – 
(a)  the food business is located away from environmentally  polluted areas 
and industrial activities which pose a serious threat of contaminating 
food, areas subject to flooding unless sufficient safeguard s are 
provided; areas prone to pe st infestatio n and, areas where wastes, either 
solid or liquid, cannot be rem oved effectively;  
(b)  the grounds surrounding the food business are kept free from 
improperly stored equipment, litter, waste and refuse which ma y attract, 
harbour or constitute breeding plac es for rodents, insects and other 
pests;  
(c)  all equipment used  in the food business are located or stored in such a 
manner as to permit adequate maintenance and cleaning and generally 
to fac ilitate good hygie nic practices; and  
(d)  any food  business sha ll be distinct from any premises used for domestic 
purpose.  
(2)  Notwithstanding the provisions of sub –regulation (1), the owner, operator or 
person in charge of a food business shall employ good hygienic pract ices 
(GHP)  including monitoring, in the busine ss’ day –to–day operations.  
21 Design and construction of food pr emises  
(1) A food business shall have an internal layout suitably designed and 
constructed to facilitate easy maintenance and permit good hygienic pra ctices, 
including protection agai nst cross –contamination between and during 
operations by foodstuffs.  Food Regulations 2021 Regulation 21 
 
 
to  Page  27 
  
 (2) The owne r, operator or person in charge of a food business must ensure the 
following requirements are met for the design and construction of a food 
premis e– 
(a)  the internal structures a nd facilities  installed within are built of durable 
materials capable of easy  maintenance, cleaning and where appropriate, 
disinfection;  
(b)  the surfaces of floors, walls and partitions are made of smooth 
impervious materi als with no toxic effect in inten ded use;  
(c)  floors are designed and constructed to allow adequate drainage and 
cleaning;  
(d)  ceilings and overhead fixtures must be constructed and finished to 
minimize the accumulation of dirt and condensation, and the shedding 
of particles;  
(e)  windo ws shall be d esigned and constructed to prevent the accumulation 
of dirt;  
(f) effective window screens or other protection must be provided against 
birds, animals and vermin (including, but not limited to insects and 
roden ts) shall be fitted to all extern al windows;  
(g)  surfaces of doors shall be made of smooth, non –absorbent mat erials, 
capable of easy cleaning and, where appropriate, disinfection; and  
(h)  aisles or working spaces between equipment and walls shall be 
unob structed and of sufficient width to permit emp loyees to perform 
their duties without contaminating the food or  food contact surfaces 
with their clothing or personal contact.  
(3)  The owner, operator or person in charge of a food business must ensure that 
the following standards are met to  ensure food safety and hygiene – 
(a)  there is sufficient space for placemen t of equipment and storage of 
materials as is necessary for hygienic operations;  
(b)  there are separate areas, either by partition or other effec tive means, for 
those operations which may cau se the contamination of food or food 
contact surfaces with undes irable micro –organisms, chemicals, filth or 
other extraneous materials;  
(c)  there is adequate natural or artificial lighting for all operating ar eas, in 
particular, places where food or food ingredients are examined, 
processed or stored and where equipmen t and utensils are cleaned;  
(d) lighting systems are designed and installed in such a manner as to 
prevent contamination of food from breakages;  
(e)  there are adequate means of natural or me chanical ventilation to 
minimize the possibility of air –borne co ntamination of food; control 
ambient temperature and humidity; and to control odours, noxious 
fumes or vapours which may affect the suitability of  food;  Regulation 22 Food Regulations 2021 
 
 
Page  28  to   
 (f) ventilation systems ar e designed an d constructed to prevent the flow of 
air from contaminated areas  to clean areas within the food business;  
(g)  there are adequate and appropriately separated storage facilities for 
food, food ingredients and no n–food chemicals (such as cleanin g 
solvents, f uels and lubricants);  
(h)  there is an adequate supply of potabl e water with appropriate facilities, 
storage and distribution;  
(i) non–potable water supply systems are identified and are not connected 
with, or all owed to reflux into, potable wate r systems; an d 
(j)  there are adequate facilities for the cleaning of food an d food 
equipment suitable for the operations of the food business.  
(k)  shall be enclosed by a suitable fence or protected in such a way as to 
prevent animals and poultry gaining access to the  site; and  
(l) no animals or poultry shall be allowed in any foo d premises.  
22 Equipment, utensils and food contact surfaces   
(1) The owner, operator or person in charge of a food business shall ensure that –  
(a) all equipment and utensils used in th e food busine ss are:  
(i)  suitable for their intended use;  
(ii)  designed and  constructed of such materials and workmanship so 
as to permit cleaning and, where appropriate, disinfection;  
(iii)  properly maintained, and  
(b)  food contact surfaces are:  
(i)  smooth and f ree from pits, crevices and loose scale;  
(ii)  capable of withst anding repeated cleaning and disinfection; and  
(iii)  non–toxic in intended use and non –absorbent, unless the nature 
of a particular and otherwise  acceptable process renders the u se 
of an abso rbent surface such as wood necessary.  
(2)  The design, construct ion and use of the utensils and equipment referred to in 
sub–regulation (1) shall be such as to prevent the contamination of food by 
lubricants, f uel, metal fragments, contaminate d water or an y other 
contaminants.  
(3)  Food equipment and utensils in a food  business shall be installed and 
regularly maintained in such manner as to facilitate the cleaning of such 
equipment and the adjoining areas.  
23 Sanitary requirements and prohibit ions  
(1) The own er, operator or person in charge of a food business shall ensure  that 
the following sanitary requirements are met – Food Regulations 2021 Regulation 24 
 
 
to  Page  29 
  
 (a) adequate sanitary conveniences are provided for use by employees;   
(b) each premise where food is  prepared and served for on –site 
consumption i s provided with adequate and separate sanitary 
conveniences for public use;  
(c)  there is an adequate supply of potable water to the premises and 
systems are in place to prevent the flow of non –potable water in to the 
potable water supply syste m; 
(d)  runni ng water of a temperature suitable to the operations is provided  in 
all areas where the –  
(i) processing or preparation of food; and   
(ii) cleaning of equipment, utensils and containers is carried out;  
(e)  the efflue nts are drained off through an ad equate sewera ge system or 
disposed of through other appropriate and approved means; and  
(f)  facilities, including appropriately marked containers, are provided for 
the proper storage, transportation and disposal of by –products, inedible 
substances, sewage  and other da ngerous substances.  
(2) Pursuant to sub –regulation (1)(a), the s anitary conveniences required to be 
provided by a food business must comply with the following requirements – 
(a)  toilets shall be provided with sufficient toilet tissue, clean t owels and 
soap or other appropriate facilities for cleaning and sanitisation of 
hands;   
(b)  doors to toilet rooms shall be self –closing and not open directly into 
areas where food is exposed to air –borne contaminants, exce pt where 
approved alternate means  have been de vised to prevent contamination 
of such food; and  
(c)  signs shal l be posted in appropriate places directing employees to wash 
their hands with soap immediately after using the toilet.  
(3)  Adequate and convenie nt facilities for hand –washing, a nd where appl icable 
hand –sanitizing, shall be provided at each place where go od hygiene practices 
require employees to wash or sanitize and dry their hands.  
(4) Facilities referred to in sub –regulations 21(2) and 21(3) sha ll have running 
water at a suitab le temperatur e for effective hand –washing and sanitizing.  
24 Cleanliness of p remises  
Notwithstanding any other provision of these regulations, every person who owns, 
operates or is in charge of a food business shall ensure  that – 
(a)  buildings, fixtures and other fac ilities of the food business are kept in a 
state of good repair and maintained in a hygienic condition;  
(b)  no animals or birds (except those essential as raw materials) are 
allowed in the premises;  Regulation 25 Food Regulations 2021 
 
 
Page  30  to   
 (c) effect ive measures are taken to exclude  pests from f ood processing and 
storage areas and to protect against the cont amination of food in or on 
the premises by animals and vermin;  
(d)  the use of pesticides and other physical, chemical or biological pest 
control measures are conducted under such  precautions and restrictions 
so as to prevent the contamination of food or p ackaging material.   
(e)  cleaning and disinfecting operations are conducted under appropriate 
supervision in such a manner as to minimize the dang er of 
contamination of food and f ood surfaces;  
(f)  supplies used in cleaning and sanitising procedures are sa fe and 
effective for their intended use and are used in accordance with 
manufacturer’s directions for use;  
(g)  cleaning and disinfecting operatio ns are carried out with such freq uency 
suitabl e to the nature of the operations and that all parts of the prem ises 
are clean, including any cleaning equipment employed in the food 
business; and  
(h)  only such toxic materials as are required for the mainten ance of sanitary 
conditions in th e food busine ss, use in laboratory testing procedures, 
plant and equipment ma intenance or in the preparation of food, are used 
or stored in the premises.  
25 Good agricultural practices   
(1)  Every person who is engaged in p rimary production of food or othe rwise 
owns, o perates or is in charge of the cultivation, growing, harvesting and 
taking operations of food sources intended to be used in the preparation of 
food for human consumption shall ensure that such operations are o f a clean 
and sanitary nature and  in particula r shall take all practicable measures to – 
(a)  control contamina tion of food sources from air, soil, water, feedstuffs, 
fertilizers (including natural fertilizers), pesticides, veterinary drugs or 
any other age nt used in primary production;  
(b)  control pl ant and animal health so that it does not pose a threat to 
human  health through food consumption, or adversely affect the 
suitability of the end product;  
(c)  protect food sources from faecal and other contamin ation;  
(d)  ensure that harvestin g processes a nd containers do not constitute a 
source of contamination to foo d sources and are of such design and 
construction as to facilitate thorough cleaning;  
(e)  ensure that food sources that are unfit for human consu mption are 
segregated out during harvesting or  taking and disposed of in a hygienic 
manner so as not to contam inate food ingredients or the water supply to 
a food business or any other food sources under cultivation;  Food Regulations 2021 Regulation 26 
 
 
to  Page  31 
  
 (f)  protect food and food ingredients from contamination by pests, or b y 
chemical, p hysical or microbiological contaminants or other 
objectionable s ubstances during handling, storage and transport.  
(2)  Notwithstanding the provisions of sub –regulation 1, all primary producers 
shall employ good  agricultural practices (GAP) in their day –to–day 
operations.  
PART IV – PREMISES FOR TEMPORARY FOOD 
BUSINESSES  
26 Application of this Part  
Provisions in this Part shall apply to all busines s required to apply for a food l icense.    
27 Standard for prepara tion and sale of street foods  
The standard for  the preparation and sale of street foods shall be as prescribed  in the 
Food Standards Code. 
PART V – GOOD HYGIENIC PRACTICES  (GHP)  
28 Obligation of food businesses regarding good hygienic practices  
A person wh o owns, operates or is in charge of a food b usiness shall ensure that 
good hygienic practices as prescribed in  this Part and in the Third Schedule are 
following during all stages of production, processing, handling, storage and 
distribution of food under t heir control.  
29 Personal conduct and hygien e  
(1)  A food handler shall maintain a high degree of personal cl eanliness, and in 
particular, observe and comply with the following requirements while 
engaged in the handling of food – 
(a)  at all times wear cl ean outer garments and other protective clot hing 
(including appropriate head covering and footwear) which are suitable 
to the food business operations;  
(b)  cover all cuts and wounds with suitable waterproof dressings, where a 
food handler is permitted to continue working;  
(c)  avoid wearing any jew ellery in food handling areas and take any other 
necessary precaut ions to prevent contamination of food with micro –
organisms or foreign substances;  Regulation 30 Food Regulations 2021 
 
 
Page  32  to   
 (d)  thoroughly wash their hands – 
(i)  at the start of any food handling activities;  
(ii)  immediately after  using the toilet; and  
(iii)  after handling raw food or any conta minated material, 
particularly where this could result in contamination with other 
food items;  
(e)  refrain from smoking, snuffing, spitting, chew ing or eating, sneezing or 
coughing over unp rotected food; and  
(f)  where gloves are used in food handling, en sure that gloves are 
maintained in a clean, intact and sanitary condition at all times.  
(2)  A visitor to a food manufacturing, processing or hand ling area shall, where 
appropriate, wear pro tective clothing and adhere to the personal hygiene 
requirements s pecified in this regulation.  
(3)  The owner, operator or person in charge of a food businesses shall ensure 
that– 
(a)  mechanisms (including HACCP ) are established to enable the 
identificati on of food safety hazards within the food business;  
(b)  personnel  responsible for identifying incidences of food contamination 
are properly trained to provide the level of competency necessary for 
the production  of clean and safe food;  
(c) in the case of  food handlers and supervisors, ensure that proper 
techniques and food protection principles are instituted to make them 
cognizant of the dangers of poor personal hygiene and unsanitary 
practices; and  
(d)  provid e supervision so that responsibility for ens uring compliance by 
all employees with the requirements of these r egulations is assigned to 
competent supervisory personnel.  
30  Avoidance of pollution or contamination  
A person who is in possession or control of  food for sale, or an article, utensil, 
equipment receptacle or appliance used for or in connection with the p reparation, 
storage, packing or sale of food, shall at all times keep the food or the article, 
utensil, equipment receptacle or appliance clean an d free from contamination by 
damp, foul odou rs or dust and protect the food as far as practicable from access by 
creatures or animals likely to contaminate the food.  
31  Protection of food  
A person in possession or control of food for sale which is ordinar ily consumed in 
the state or condition in wh ich it is sold, shall protect the food from dust, creatures 
or ani mals likely to contaminate the food, and from any unwholesome matter, by Food Regulations 2021 Regulation 32 
 
 
to  Page  33 
  
 ensuring storage of the food in covered receptacles, or by covering with foil, plastic 
or gauze, or by any other effe ctive means.  
32  Restrictions  
A person shall not use, or permit to  be used  — 
(a)  any article, receptacle, utensil, equipment appliance or vehicle for or in 
connection with the preparation, storage, packing, conv eying or 
delivery of food for sale unless it  is constructed of such material and in 
such a manner as to be eas ily cleaned and kept clean;  
(b)  in the conveying or delivery of food for sale, any article, receptacle, 
utensil, equipment appliance or vehicle t hat is also used for the 
conveying of any ma tter which endangers or likely to endanger the 
wholesomeness, clea nliness or freedom from contamination of the 
food;  
(c)  in the preparation of food for sale, any article that has been used for any 
purpose which is likely to contaminate or taint the food; or 
(d)  any room used in the manufacture, storage, preparation, pa ckaging, 
display or sale of food, for sleeping or bathing purposes.  
33  Avoidance of contamination  
A person shall not keep, carry, spread or use, or permit to be kept, carried, spread or 
used, any poisonous or harmful substance so as to expose food intende d for sale to 
the risk of contamination by that substance at any time in the course of preparation, 
storage, packing, conveying, delivery or expos ure of food for sale.  
PART VI – MEDICAL REQU IREMENTS  
34  Food handler to be free from infectious disease  
(1) A per son who owns, operates or is in charge of a food business shall take all 
precautions to ensure that the business does not employ or engage a perso n 
who –  
(a) is suffering from any infectiou s disease listed in Part A of the Fifth 
Schedule; or  
(b) has boil s, open sores or infected wounds,  
to be engaged or employed in a food business in any capacity where there is a 
possibility of food ingredients a nd food contact surfaces becoming 
contaminat ed, or the infectious disease being transmitted to the other 
emplo yees.  Regulation 35 Food Regulations 2021 
 
 
Page  34  to   
 (2) A person engaged in a food business who is known, or is suspected to be 
suffering from, or is a carrier of a disease or illness likely to be  transmitted 
through food, shall not be allo wed to enter any food handling area of the food 
business.  
(3) An affe cted person, or any other employee of a food business who is aware of 
any such affected person in the food business, shall immediately report the 
illness or symptoms of illness to the busine ss owner, operator or person in 
charge.  
35  Food handler required to undergo medical clearance  
(1)  The owner, operator or person in charge of a food business must ensure that a 
person who is employed as a food handler in the food business has undergone 
and passed a medical examination at a public hospital or by a healt h 
practitioner at a private clinic –  
(a) prior to the commencement of his or her employment at a food 
business; and  
(b) at regular intervals of not more than one year after his appointment . 
(2)  The certificate of medical examination of the food handler must show the 
following –  
(a) employee name and date of birth;  
(b)  date and result of the most recent medical examination; and  
(c) medical find ings.    
(3) A person who is suffering from –  
(a) an infectious disease;  
(b) a food borne disease (or has reas on to believe he is a carrier of); or  
(c) an exposed skin lesion or wound,  
shall not engage or be employed in the preparation, storage, packing, 
conveying or delivery of food for sale or of  any ingredient or packaging of 
such food.  
(4) The owner, operator  or person in charge of a food business must ensure that a 
health file of each food handler containing his medical information is kept at 
the food  business and make available for inspection upon request.  
(5)  Notwithstanding the provisions of sub –regulatio ns (1)(a) and (1)(b), a food 
handler may  be required by a medical practitioner to undergo a medical 
examination when a medical practitioner consid ers it necessary for the 
purposes of providi ng medical clearance for his employment, and such person 
may be ex cluded from food handling until the result of the examination is 
known.  Food Regulations 2021 Regulation 36 
 
 
to  Page  35 
  
 (6)  An application for a medical examination shall be made in the form 
prescribed in Form N in the Second Schedule an d shall be accompanied by 
the prescribed fee.  
(7)  The certificate  of medical examination issued by the Government medical 
institution or medical officer under these regulations shall be in the form 
prescribed in  Form O in the Second Schedule.  
(8) Any pers on who works in a food business shall obtain once in every 3 
conse cutive months a certificate of health from the Public Health Department.  
(9) The Authority shall prohibit a person who does not have a medical cle arance 
and has been in recent contact with a  person to whom section  36(3) applies, or 
from engaging  in or bein g employed in the preparation, storage, packing, 
conveying or delivery of food for sale.  
36  Notice of contaminated supply  
(1)  Where an authorise d officer suspects on reasonable grounds tha t any food is 
infected with an organism capable of causing disease , or contains a toxic 
substance, the authorised officer may, by notice in writing describing the 
source from which he believes the food has been s upplied, prohibit the person 
from selling an y food which the authorised officer knows or has reason to 
believe  has been obtained at or from the source specified.  
(2)  A notice served under this section — 
(a)  shall remain in force for such period, not exce eding one month, as shall 
be specified in th e notice,  
(b)  may be revoked at any time by an authorised officer  or a health officer, 
who shall notify the person on whom the notice was served of the 
revocation; or  
(c)  may be extended for one further month b y the authorised officer.  
PART VII – FOOD  STANDARDS   
37 Food standards code 
(1) The Authority shall, with the  consent of Cabinet, adopt and maintain a Food 
Standards Code for Tonga.   
(2) The Food Standards Code shall incorporate all food standards approv ed by the 
Authority , as well as prescribed sta ndards  under regulation 40. 
(3) The Code shall be read in conjun ction with the matters prescribed in these 
regulations and shall have the same legal effect as these regulations.  
(4) Where there is an apparent c onflict between the Code and these Regulations , 
the provisions in these Regulations shall apply.  Regulation 38 Food Regulations 2021 
 
 
Page  36  to   
 (5) The Autho rity shall ensure that the Food Standards Code is made accessible to 
the public in the Tongan and English languages.  
PART VIII – LABELLING  
DIVISIO N ONE – LABELLING OF IMPORTED GOODS  
38 Labelli ng of imported goods  
Any food that is imported into Tonga shall be labelled in accordance with this Part. 
DIVISION TWO – RE–LABELLING AND RECONDITIONING  
39 Re–labelling and reconditioning  
(1)  Where any article  of food sought to be importe d into the Kingdo m would, if 
sold in the Kingdom constitute a contravention of th e provisions of the Act, 
these regulations or any other applicable law, the Authority may nonetheless 
permit its importation solely for the purpos e of re –labelling or re –
condi tioning.  
(2)  A person seeking to import articles of food referred to in sub –regulation (1) 
into the Kingdom shall apply to the Authority for a permit prior to the 
dispatch of the food from the country of origin and pay the fee  prescribed in 
the Fourth Sch edule. The applic ation shall be made in Form G of the Second 
Schedule.  
(3)  The p ermit shall prescribe therein the specific measures for, and the period of 
time within which the importer must carry out, the re –labelling or re –
conditioning of the food upon its arrival in th e Kingdom. The permit shall be 
in the form prescribed in Form H of the Second Schedule.  
(4)  Notwithstanding the terms of the permit, in the event that any re –labelling or 
re–conditioning authorized in the perm it is not satisfactorily carr ied out within 
the prescribed time period, the importer shall re –export or destro y the food at 
his or her expense.  
(5)  Where the importer fails to re –export or to destroy imported food as required 
under the preceding sub –regul ation, the Authority may orde r the destruction  
of or may destroy the food and may take steps, including court proceedings, to 
recover the costs of such destruction from the importer as a debt.  Food Regulations 2021 Regulation 40 
 
 
to  Page  37 
  
 DIVISION THREE – LABELLING ON PRE –PACKAGED FOODS  
40  Labelling requirements for pre–packaged  foods  
(1)  All p re–packaged foods intended for sale in the Kingdom shall be labe lled in 
accordance with the provisions of the Act and these regulations.  
(2)  Statements required to be shown on a label by virtue of these regula tions and 
the Act must be cle ar, prominent, an d readily legible to the consumer under 
normal conditions of pur chase and use. In particular, information required to 
be shown on a label shall – 
(a)  be clear and not obscured by designs or by other written,  printed or 
graphic matter; and  
(b)  contrast sha rply against the background on which it is printed or 
embossed.  
(3)  Letters used in the writing the names of ingredients and food additives 
required to be shown on a label must be of a size  reasonably related to the 
most prominent printed  matter on the la bel. 
(4)  Where food is packaged in a container which is covered  by a wrapper, the 
wrapper must carry the necessary labelling information or the label on the 
container must be readily legible through the outer wrapper or not be obscured 
by it. 
(5)  Labels shall be attached or applied to containers in such a manner that  they 
will not become separated from the container.  
(6) If the language on the original label is determined by the Food Authority or 
accredited ag ency to be unacceptable, a su pplementary label  containing the 
mandatory information in the required language m ay be used instead of 
relabe lling under special cases for the discretion of the Food Authority .  
(7) In the case of either relabe lling or a supple mentary label, the mandatory 
information shall  be fully and accurately reflected on the label.  
DIVISION FOUR – CONTENT OF LABELS  
41  Content of labels  
(1)  Except where an exception is provided under these regulations, every pre –
packaged food shall bear a label containing the followin g information – 
(a)  the name of the food;  
(b)  a list of ingredients;  
(c)  a list  of food additives;  
(d)  the weight or net contents;  Regulation 42 Food Regulations 2021 
 
 
Page  38  to   
 (e)  instructions for use and storage;  
(f)  the date of manufacture;  
(g)  the date of packagi ng; 
(h)  the expiry date or b est before date;  
(i)  the name and physical address of the manufacturer or distri butor;  
(j)  the country of origin; and  
(k)  where the use by date is not provided, the lot identification.  
(2) The label shall not contain any fal se, misleading or deceptive c laims about the 
food, or claims which are likely to create an erroneous impressio n about the 
character of the food.  
(3)  Food may not be described or presented on any label or in any labelling by 
words, pictorial or other devic es which directly or indirect ly refer to, or a re 
suggestive of, any other product with which such food might b e confused, or 
in such a manner as to lead the purchaser or consumer to suppose that the 
food is connected with such other product  
(4)  Any food c ontaining genetically modifie d organisms or th eir products shall be 
clearly labe lled as containing genetically  modified ingredients.  
(5)  The label of any irradiated food shall carry a statement in close proximity to 
the name of the food indicating that it  has been treated with ionizi ng radiation. 
In addition, the label of any such foods may have printed or emboss ed thereon 
the international food irradiation symbol shown in Part B of the Fifth 
Schedule.   
(6)  Foods containing excessive fat and foods high i n cholesterol shall be clearl y 
identified as s uch in the label  
42 Language to be used on labels  
(1)  Every lab el or labelling used in association with food intended for sale in the 
Kingdom shall be in either the English or the Tongan language or a 
combinat ion of both languages.  
(2)  Where the label or  labelling of food imported into, or intended for sale in, the 
Kingdom is written in a language other than the English or Tongan languages, 
the importer or any other person in charge of such food shall cause th e label to 
be translated into  either the Engli sh or Tongan language and affix the same to 
every package before  such food may be released for distribution and sale in 
the Kingdom.   
(3)  A translated label or labelling referred to in sub –regulation 2 above s hall 
comply in all respects w ith the provision s of the Act and these regulations. In 
particular, a translated label shall not misrepresent the character or quality of 
the food or otherwise make any claims likely to create an erroneous 
impression about the character and attributes of t he food.  Food Regulations 2021 Regulation 43 
 
 
to  Page  39 
  
 43  Name  of the food 
(1)  The name of the food as written on the label o r labelling shall indicate the true 
nature of the food and shall under normal circumstances be specific rather 
than generic.  
(2)  Where a name or names for a food have been es tablished in the Codex 
Alimentarius, the name or names so established shall be us ed in the label. If a 
name for a food has not been established in the Codex Alimentarius or by 
national legislation, then either the common or usu al name existing by 
common us age as an appropr iate descriptive term which is not misleading or 
confusing to th e consumer may be used.  
(3)  A coined, fanciful, brand name, or trade –mark may be used in the label 
provided it accompanies the name of the food s pecified in sub –regulation 2.  
(4)  Any food wh ose true nature and physical condition has been altered by such 
means of production, processing, treatment or packaging (including but not 
limited to drying, smoking, reconstitution or concentration) shall bear  on its 
label additional word s or phrases in c onjunction with or in close proximity to 
its name as are necessa ry to inform the consumer about the true nature and 
physical condition of the food.  
44  List of ingredients  
(1)  With the exception of single ingr edient foods, a list of ingre dients shall be 
declared on the label of each package of food intended for sale w ithin the 
Kingdom.  
(2)  The list of ingredients shall be headed or preceded by an appropriate title, 
which consists of or includes the term “ingre dients”.  
(3)  All ingredients  shall be listed in descending order of ingoing weight 
(expressed as a proportion  of the total weight of the package) at the time of 
the manufacture of the food.  
(4)  Where an ingredient is itself a product of two or more ingre dients, such a 
compound ingre dient may be decl ared provided it is accompanied by a list of 
its ingredients in brackets. Where such a compound ingredient constitutes less 
than 5% of the food, its ingredients other than food additives may be omitted 
from the  label.  
(5)  Where the food c ontains ingredien ts known to cause hypersensitivity , those 
ingredients shall alwa ys be declared on the label, which include but are not 
limited to those foods and ingredients specified in Part D of the Fifth 
Schedule.  
(6)  Wher e an irradiated product is us ed as an ingredie nt in food, it must be 
declared on the list of ingredients.   
 When a single ingredient product is prepared from a raw material which has 
been irradiated, the label must contain a statement indicating the treat ment.  Regulation 45 Food Regulations 2021 
 
 
Page  40  to   
 (7) Added water shall b e declared in the  list of ingredients except where the water 
forms part of an ing redient such as brine, syrup or broth used in a compound 
food and declared as such in the list of ingredients.  
(8) Water or other volatile ingred ients evaporated in the cours e of manufacture of 
the food may be omitted from the list of ingredients.  
(9)  All ingredients shall be identified by their specific rather than generic names 
in the list of ingredients. However, with the exception of pork fat,  lard and 
beef fat as well as  the foods or ing redients specified in sub –regulation (5), the 
class names listed  in Part E of the Fifth Schedule may be used to identify the 
ingredients to which they correspond.  
45  Food additives and other processing aids 
(1)  Subject to the provisions of sub –regulation  (2), the specific name of each food 
additive present in the foo d shall be declared on the label.  
(2)  With respect to food additives permitted for use in foods generally under the 
Act and these regulations, th e class titles specified in P art F of the Fift h 
Schedule shall be used together with their specific names or r ecognized 
numerical identification to identify them in the label.  
(3)  A food additive carried over into a food in a significant quantity or in an  
amount sufficient to perform  a technological function in that food as a result 
of the use of raw materials or  other ingredients in which the additive was used 
shall be included in the list of ingredients.  
(4)  Processing aids and carried over food additiv es which are present in a foo d at 
a level less  than that required to achieve a technological function may be 
omitted from the label unless they consist of the foods and ingredients 
specified in Part F of the Fifth Schedule.  
46  Net contents and drained weight 
(1)  The net contents sha ll be declared in  the metric system and in the following 
manner – 
(a)  for liquid foods, by volume;  
(b)  for solid foods, by weight; and  
(c)  for semi –solid or viscous foods, either by volume or weight.  
(2)  In addition to the d eclaration of net contents, a  food packed in a  liquid 
medium shall carry a declaration of the drained weight o f the food in the 
metric system.  Food Regulations 2021 Regulation 47 
 
 
to  Page  41 
  
 47  Name, address and country of origin  
(1)  The name and address of the manufacturer, packer, distributor, impor ter, 
exporter or vendor  of the food shall be d eclared in the label.  
(2)  The address required under sub –regula tion (1) refers to the street address or 
the physical location of the manufacturer, packer, distributor, importer, 
exporter or vendor . 
(3)  The co untry of origin of all import ed foods shall be  declared in the label . 
(4)  Where the food has undergone proces sing in a second country which changes 
its nature, the country in which the processing is performed shall be the 
country of origin for purposes of  labelling.  
48  Lot identific ation  
For purpose s of facilitating traceability, each package of food intended fo r sale in 
the Kingdom shall be embossed or permanently marked in code or in clear language 
to identify the producing factory and the lot.  
49  Expi ry date and best–before date 
(1) Each package of food intended for sale in the Kingdom shall bear the 
followin g – 
(a)  an expiry date on its label showing the date, month and year of expiry 
of the food; or  
(b) a best –before date showing the date, month and  year before which the 
food i s fully marketabl e. 
(2) Notwithstanding sub –regulation (1)(a), the expiry date wi ll not be required for 
the foods listed in Part C of the Fifth Schedule.  
(3) No food or food products shall be sold after the expiry date on the l abel.  
(4) The Ministry shall develop guideline s for enforceable periods after the best 
before date. / or incor porate that Ministry shall confiscate after one month 
following best before  
50 Red label table   
(1) At least one month before their expiry, the ow ner, operator or person in 
charge of a food bu siness must separate out all food or food products which 
are due  to expire and present those items for sale on a “red label table,” at or 
near the entrance to the business premise.  
(2) The red label table will prominently advertise in legi ble writing or sh ow 
words to the effect – 
(a) that the food or food products are due to expire; and  Regulation 51 Food Regulations 2021 
 
 
Page  42  to   
 (b) the sale price of such items.  
(3) A owner, operator or person in charge of a food business that does not comply 
with this r equirement shall be liable to  a spot fine or i n the case of serious or 
repeat offending, liable to the initiat ion of prosecution proceedings.    
51  Instructions for use and s torage  
Instructions for use (including reconstitution where applicable) and stora ge, shall be 
included on the label as necessar y, to ensure correct utilisation and storage of the 
food.  
DIVISI ON FIVE – LABELLING ON RE –PACKAGED MEAT, POULTRY, SUGAR, 
FLOUR  
52 Re–packaged meat, poultry, sugar, flour   
(1) The owner, operator or person in c harge of a food business that re –packages 
meat,  poultry, sugar or flour must ensure that the label clearly sho ws the 
following – 
(a)  the name of the food;  
(b)  the weight or net contents;  
(c) the date of  packaging;  
(d)  the expiry date or best before date ; 
(e)  the name and physical address of the man ufacturer or distributor; and  
(f)  the country of origin.  
(2) The packaging must comply with regulation 59.  
(3) The label must be legible, and firmly fixed t o the packaging.  
(4) Rules for repackaging  
(5) For t he purposes of this regulation “meat” means fro zen or fresh meat, but 
does not include processed meat.  
DIVIS ION SIX – LABELLING ON NON –PREPACKAGED FOOD  
53  Labelling Requirements for Non –packaged Foods  
(1)  Where food other than packaged food is displayed or offered for sale, it shall 
be accompanied by  a tag containing the following information – 
(a)  the specific rather than generic name of the food, indicating the true 
nature of the food;  Food Regulations 2021 Regulation 54 
 
 
to  Page  43 
  
 (b)  the country  of origin of the food if it is imported; and  
(c)  the presence of ingredients known to cause hyper sensitivity including 
those listed in Part D of the Fifth Sched ule. 
(2)  The information required under sub –regulation (1) shall be written in the 
English or  Tongan language or a combination of both and shall be clearly 
legible to the consumer.  
(3)  The Mi nister may, on the advice of the Council, make an order prescri bing 
articles of food to which the provisions of this regulation shall not apply.  
DIVISION SEV EN – OPTIONAL LABELLING  
54 Optional labelling  
Any gr ade designations, information, pictorial or gra phic matter which is written or 
printed, may be included on a l abel provided that – 
(a)  it is not in conflict with the mandatory requirements of this Part; and 
(b)  they must be readily understandable and not  misleading or  deceptive in 
any way.  
DIVISION E IGHT – EXEMPTIONS FROM LABELLING  
55 Exemptions from mandatory l abelling requirements  
(1) With the exception of herbs and spices (which require mandatory labe lling), 
in relation to small units  of ingredients  where the largest surface area is less 
than 10cm2 must apply for relabeling of the units before able to re –sell or use 
in commercial cooking.  
(2) With the exception of the local agricultural and fishery pro duces under the 
discretion of the Authority for loca l produces.  
DIVISION NINE: PACKAGING  
56 Requir ements for packaging  
(1) Materials and processes used / for pack aging, including wrapping, shall not – 
(a)  be a source of contamination to the food ; or 
(b)  present a health risk for human consumption  
(2) Pack aging, including wrapping, shall be stored in s uch a manner that they are 
not exposed to a risk of contaminati on. Regulation 57 Food Regulations 2021 
 
 
Page  44  to   
 (3) Packaging used for raw meat and poultry shall be in a manner that prevents 
contaminati on of the meat and the poultry and which prevents their 
contamination of  other food.   
(4) Packagin g referred to in sub –regulation (3) must be labelled in accorda nce 
with the mandatory labelling requirements in regulation 45, unless otherwise 
permitted by the Authority.  
(5) Without limiting the generality of sub –regulation  (1), the maximum level of 
vinyl chloride monomer and acrylonitrile permitted in food and pac kaging in 
Tonga shall be 0.01mg/Kg in food and 1.0mg/Kg in food packaging material 
for vinyl c hloride monomer and 0.02mg/Kg for acrylonitrile in f ood. 
PART IX – TRANSPORTATION OF FOOD  
57  Trans portation generally  
(1) An importer of food shall be responsibl e for ensuring that food imported into 
the Kingdom is stored and transported in a condition wh ich is appropriate to 
the nature of the food at all stages before the sale of such food to a trader , the 
food industry or the public.  
(2) Minimum requirements for  the transportation of certain types of foods is 
outlined in the Fifth Schedule.  
(3) The mini mum requirements may, on the recommendation of the M inister, be 
amended by the Cabinet from time to  time and published in the Gazette.  
58 Packaging for t ransporta tion of f ood 
The owner, operator or person in charge of a food business shall take adequate 
measures to protect food during transportation and is responsible for ensuring that – 
(a)  appropriate  containers suitable to the nature of the food and the conditio ns 
under which food is transported are used;  
(b)  containers used in the transportation of foo d are designed and constructed so 
that they – 
(i)  do not contaminate food or packaging materials;  
(ii)  can be effectively cleaned and, where necessary, disinfect ed; 
(iii)  permit effective separation of different foods or foods from non –foods 
during trans port;  
(iv)  provide effective protection from contam ination, including dust and 
fumes;  
(v)  can eff ectively maintain the temperature, humidity, atmospheric and 
other conditions necessary to protect food from harmful or undesirable Food Regulations 2021 Regulation 59 
 
 
to  Page  45 
  
 microbial growth or deter ioration likely to render it unsuitable for 
human co nsumption; and  
(vi)  allow any necessary temper ature, humidity and other conditions to be 
checked;  
(c)  contai ners used in the transportation of food are kept in a good state of 
cleanliness, repair and co ndition; and  
(d) where the same container is used i n the transportation of different kinds of 
food or non –foods, effective cleaning or disinfection where appropr iate shall 
be carried out between loads.  
59 Refrigeration of food  
(1)   Any food which must be  retained at a low temperature to preserve its quali ty 
and protection from infection shall be kept in a suitable refrigerated container 
or fridge while imported, transported, displayed for sale, delivered after sale, 
or kept by any hotel, restaurant or oth er public eating place.  
 Any food intended for comme rcial sale that is transported by ship includin g – 
(a)  transportation between islands within Tonga;   
(b)  imported into Tonga from another country; or  
(c)  exported from Tonga to another country,  
must be stored in accordance with Schedule Fifth – requir ed temperatures for 
transportation of food;  
 (2) Any person who contravenes the provisions of this section is guilty of an 
offence.  
60  Restriction on transport of meat  
(1)  All meat removed after slaught er shall be transported in clean vehicles or 
contain ers and all persons handling such meat during l oading, unloading or 
transport shall wear clean clothes.  
(2)  No skins, hooves or manure or live animals or any other material likely to be a 
source of conta mination shall be carried in the same vehicle or con tainer as 
meat intended for human consumption.  
(3)  Any person who contravenes the provisions of this section is guilty of an 
offence.  Regulation 61 Food Regulations 2021 
 
 
Page  46  to   
 PART X – TRACEABILITY  
61 Principles and objectives  
(1) Pursuant to s ection 15 of the Act, a person who is the owner, ope rator or 
person in charge of a food business mu st ensure that a suitable system for 
traceability is implemente d by the business.  
(2) To the extent possible, the Authority will assist businesses with the 
implementation of traceability systems, including th e facilitation of relevant 
training sessions on  the design and implementation of traceability tools  and 
record ing systems . 
62 Design  
(1) A traceability or product tracing tool may apply to all or certifie d stages of the 
food chain, from production to distr ibution, as appropriate to the objectives of 
the food inspection and certification system of Tonga.  
(2) The tr aceability or product tracing tool should be able to identify at any 
specified stage of the fo od chain (from production to distribution) from wher e 
the food came from (one step back) and to whe re the food went (one step 
forward), as appropriate to the obje ctives of the food inspection and 
certification system.  
PART XI – EMERGENCY P ROTOCOL OF THE  FOOD 
COUNCIL  
63 Notice of imminent risk  
(1) A person w ho has reasonable cause to believe that food or  food items that are 
subject to the Act will present or are an imminent health risk to the public 
shall immediately notify the Chief Executive Officer of the  Ministry.  
(2) The notice in sub –regulation (1) shal l be in Form A of the Fifth Schedule, the 
origi nal which shall be provided to the Chief Executive Officer of t he 
Ministry.  
(3)  Upon receiving a notice under sub –regulation (2), the Chief Executive 
Officer, in consultation with the h ead of the Food Divisio n and the c hair of 
the Food Council will meet w ithin 24 hours to consider the following – 
(a) determine likely  magnitude of the event being reported and if there is a 
need to inform higher officials;  
(b) consider the source of information and credibility o f the report;  
(c) verify the initial report to ensure credible;  Food Regulations 2021 Regulation 63 
 
 
to  Page  47 
  
 (d) initiate investigation of the reported eve nt by an authorised officer.  
(4) Based on the initial report of the authorised officer in sub –regulation 65(3)(d), 
the Chief Executive Officer sha ll call a joint meeting of the Food Emergency 
Committee as soon as is practicable.  
(5) The Food Emergency Comm ittee shall be comprised of the following 
membership –  
(a) members of the Food Council;  
(b) Attorney General (or his nominee);  
(c) Chief Executiv e Officer of the Ministry;  
(d) Head of the Foo d Division; and  
(e) Two technical experts nominated by the Food  Council.  
(6) A quorum for an emergency meeting shall be 4 members, and must include 
the Attor ney General (or his nominee) and one technical exper t in the food 
industry.   
(7) The purpose for t he emergency meeting shall include, but not be limited to the 
following – 
(a) initiate a Risk Assessment of the reported event, to be immediately 
carried out  by a person qualified to conduct this;   
(b) conside r whether or not the continued import or sale o f the identified 
food or food item in sub –regulation (1) presen ts an imminent risk to the 
public health;  
(b) determine the likely magnitude of the event and whether there is a need 
to initiate an emergency re sponse;  
(c) consider whether there is a need to inform higher officials;  
(d) consider whether there is a need t o issue an Emergency Order, and the 
nature of such Order; and  
(e) consider whether there is a need to make a public announcement, and if 
so, the m ode, frequency and content of the announcement.   
(8) Where the Food Emergency Committee determines that there is a serious and 
imminent risk to the public, it shall recommend to the Authority to issue one  
or more of the following orders – 
(i) emergency ord er, as prescribed in Part B of the Seventh 
Sche dule;  
(ii) recall order; as prescribed in Part C of the Seventh  Schedule;  
(iii) order to destroy, as prescribed in Part D of the Seventh Schedule;  
(iv) order  to seal (to prevent sales pending further investiga tion or 
analysis), as prescribed in Part E of t he Seventh Schedule;  
(v) order to re –export, as prescribed in P art F of the Seventh 
Schedule.  Regulation 64 Food Regulations 2021 
 
 
Page  48  to   
 (9) A public announcement made under this regulation must be is sued in both the 
Tongan and English languages.  
64 Power of Authority to issue orders  
(1)  Upon the recommendation of the Food Council or the Food Emergency 
Commit tee, the Authority shall issue an Order under this Part to prevent or 
reduce the risk of serio us danger to public health or to mitigate the advers e 
consequences of a danger to public health.  
(2)  An order issued by the Authority may direct or requi re one o r more of the 
following – 
(a)  require the publication of warnings in the form approved by the  
Authority that a particular food or class of food i s unsafe for human 
consumption;  
(b)  absolutely  prohibit or impose conditions on the cultivation, harvesting, 
taking, obtaining or production in a specified area of any particular 
food or class of food in tended for human consumption;  
(c)  absolutely prohib it or impose conditions on the manufacture, 
preparation, import, export, transportation or sale of any food or  any 
class of food specified in the order;  
(d)  prohibit a particular food or class of food fr om being advertised or sold;  
(e)  recall or otherwis e cause to be removed from circulation any food  or 
class of food specified in the order;  
(f)  direct that a pa rticular food or class of food intended to be used for 
human consumption be impounded, isolate d, destroyed or otherwise 
disposed of at any place a nd specify the manner in which the 
impounding, isolation, destruction or disposal is to be carried out;  
(g)  direct that a particular food or class of food that is intended to be 
imported be re –exported a t the importer’s expense; or  
(h) cause any food to b e tested, analysed or examined in such manner a s 
may be prescribed in the order.  
(3)  An order made under this  Part of the regulations may be varied or revoked by 
the Authority in the same manner as the o rder was made.  
65 Special provisions relating to rec all orders  
(1)  A recall order made by the Auth ority may require the owner, operator or 
person in charge of a food business or an importer to disclose to the public or 
to a class of consumers specified in  the order the following information in the 
manner s pecified in the order – 
(a)  the particular food  or type of food to be recalled or disposed of;  
(b)  the reason s why the food is considered unsafe;  Food Regulations 2021 Regulation 66 
 
 
to  Page  49 
  
 (c)  if applicable, the circumstances under which the con sumption of the 
food is unsafe; and  
(d)  procedures for disposing of the food.  
(2)  A person who is  required by a recall order to conduct a recall of any food – 
(a) must immediately comply with the recall order; and  
(b)  shall give written notice to the Au thority of the completion of the recall 
within 2 day s of the completion of the recall.  
(3)  Where a  person who is required by a recall order to carry out a recall  fails to 
do so satisfactorily within the time prescribed in the order, the Authority may 
take steps to implement the recall order and the person responsible shall be 
surcharged with the costs incurred by the Authority in implementing the recall 
order.  
66 Manner of making emergency o rders  
(1)  An order under this Part of the regulations – 
(a)  shall  be made in writing addressed to the owner, operator  or person in 
charge of a food business or an i mporter, and shall be served personally 
on that person or each of those persons as the case may be;  
(b)  may be addressed to several persons, to a class of persons or to all 
persons; and  
(c) if there is a rig ht of appeal, advise the owner, operator or per son in the 
charge of the business of this right.  
(2)  Notice of  an order addressed in the manner specified in sub –regulation (1)(b) 
setting out the terms of the order and the persons to be bound by the order 
shall, within 2 days of the making of the order,  be published in a daily 
newspaper circulating in the Kingdom f or such period of time as in the 
opinion of the Authority will be most likely to bring the ord er to the attention 
of the persons bound by it.  
(3)  An order that is personally served on a person  takes effect from the date of 
service thereof. Where personal service cannot be effected within 2 days of 
the making of an order, it may be published in a d aily newspaper in 
accordance with sub –regulation (2)  in lieu of personal service.  
(4)  An order, no tice of which is published under sub –regulation (2), takes effe ct 
at the beginning of the first day on which the notice was published.  
(5)  An order ceases t o have effect at the expiration of 90 days after the  date on 
which it takes effect unless it is soo ner revoked by the Authority. An order 
may however be renewed i f circumstances so demand.  Regulation 67 Food Regulations 2021 
 
 
Page  50  to   
 67 Compensation  
(1)  A person bound by an order under this Part of the regulations who suffers loss 
as a result of the making of the order may apply to the Authority for 
compensation if the person considers that there were insuff icient grounds for 
the making of the order.  
(2)  If the Authority finds that there were insuff icient grounds for the making of 
the order, it shall  direct the payment of such compensation to the  applicant 
which is just and reasonable.  
(3)  The Authority sha ll send written notification of its determination as to the 
payment of compensation under this  regulation to each applicant for the 
payment of suc h compensation.  
(4)  An applicant who is dissat isfied with the decision of the Authority may apply 
to National  Council for a review of the decision of the Authority within 14 
days of being notified of suc h decision. An appeal against the Authority’s 
decisi on may be made to the Supreme Court within 21 d ays of notification of 
the said decision.  
PART XII – IMPORTED F OOD  
68 Clearance process for imported food  
(1)  Subject to regulation 7 2, a person who intend s to import food into the 
Kingdom shall, at least 1 month before the arrival of the consignment, not ify 
the Authority by completing and submitting Form G of the S econd Schedule, 
which shall contain the following information – 
(a)  intended date and point o f entry;  
(b)  mode of transport;  
(c)  comprehensive description of the food (including for example p roduct 
description, quantity, means of preservation, country o f origin and/or of 
dispatch, identifying marks such as lot identification or seal 
identificati on numbers);  
(d)  exporter and importer name and add ress; 
(e)  name and address of manufacturer and/ or producer; and  
(f)  such other relevant information as the A uthority may request.  
(2)  Upon importation, the following documents must be presented by the 
importer to an enforcement officer at a point of ent ry – 
(a)  a certificate or statement from the co mpetent authority of the country of 
origin to the effect that the food is fit for human consumption;  
(b)  a certificate of inspection, sampling and analysis  where they have been 
carried out in the country of origin prior to export;  Food Regulations 2021 Regulation 69 
 
 
to  Page  51 
  
 (c)  a phyto –sanitary or  sanitary certificate where the food consists of 
plants, produ cts of plant or animal origin as the case may be;  
(d)  a certificate of irradiation where the food has been treated with 
radiation;  
(e)  documenta tion indicating the presence of genetically modi fied 
organisms in the food where applicable; and  
(f)  such oth er relevant documents as the Authority may request.  
(3)  All articles of food imported or othe rwise brought into the Kingdom must be 
made availabl e for inspection by an enforcement officer at th e point of entry, 
or by an agency that has received official a ccreditation from the Authority.  
(4)  No article of food which has been rejected or refused en try into any other 
country for non –compliance with a pplicable standards shall be imported or 
otherwi se brought into the Kingdom.  
(5) A permit to import solely fo r the purpose of re –labelling or reconditioning 
shall be as prescribed in Form I of the Second  Schedule.  
69 Urgent  applications  for approval to im port 
Notwithstanding regulation 57(1), an urgent  application for approval to import may 
be considered provided  that – 
(a) the head of the Food Division has approved the submission of an urgent 
application ; 
(b)  the head of the Food Division confirms that a n inspection can be carried out 
within the requi red timeframe to ensure compliance with this Part; and  
(c) the applicant pays the requisite fee for an urgent application.  
70  Food standards to apply  
(1) Applicable standards in the Food Standards Code shall be applied to the 
import of meat, fish, eggs, tinne d fish and bottled water . 
(2) From time to time, the Minister with  the consent of Cabinet shall approve, 
revise or remove food standards in the Food Sta ndards Code as set out in 
regulation 40 and 41 . 
(3) Food standar ds adopted by the Authority shall be made access ible to members 
of the public in the Tongan and English langua ges. 
71 Inspection and sampling  
(1) An authorized officer may inspect any food imported i nto the Kingdom and, 
for purposes of analysis or inspection thereof, take samples of any such food.  Regulation 72 Food Regulations 2021 
 
 
Page  52  to   
 (2)  Inspections to be carried out by authorized officers shall includ e, but shall not 
be limited to –  
(a)  physical examination of the food and its packagi ng;  
(b)  collection of samples and initiation of analytical  testing;  
(c)  inspection of documentation provi ded by an exporting country 
authority, exporter or importer; a nd 
(d)  verification of product identity against documentary attestations  
(3)  Where s amples are taken under sub –regulation (1), the authorized of ficer 
shall, in the presence of the owner or imp orter or any person in apparent 
control of the food, divide, s eal, mark or otherwise process the samples in 
accordance with the procedures prescribe d in Part A of the Twelfth Schedule.  
(4) The label for a foo d sample is as prescribed in Part C of the Twelf th Schedule.  
(5) Where a request for the analysis of a food sa mple is made, the request shall be 
as prescribed in Part D of the Twelfth Schedule.   
(6) The owner, importer or any person in charge of the import ed food shall pay 
the costs of any inspection, a nalysis and storage while analysis is being done. 
The fees are  prescribed in the Fourth Schedule.  
(7)  When determining the nature and frequency of inspection and sampling of 
imported foods, an authorised off icer shall take into account the following 
facto rs – 
(a)  the risk to human health posed by the product or its  packaging;  
(b)  the likelihood of non –compliance with requirements;  
(c)  the target c onsumer group;  
(d)  the extent and nature of any further pro cessing of the product;  
(e)  the food inspection  and certification system in the exporting country 
and existen ce of any equivalence, mutual recognition agreements or 
other trade agreements; and  
(f) the history of conformity of producers, processors, manufa cturers, 
exporters, importers and distributors.  
(8) Guidelines for sampling according to risk and size lot sha ll be as prescribed in 
Part B of the Twelfth Schedule.  
(9) The analyst certificate in relation to a request for sample analysis in regulation 
73(5) shall be as prescribed in Part E of the Twelft h Schedule.  
72  High risk foods  
(1) The list of high risk foo ds shall be listed in Part A of the Sixth Schedule.  
(2) Any food declared by order of the Minister to be a high risk food shall, upon 
arrival at t he point of entry in the Kingdom, be subject to mandatory 
inspection, sampling and analysis in accordance with  these regulations.  Food Regulations 2021 Regulation 73 C 
 
 
to  Page  53 
  
 (3) All other foods not listed as high risk are subject to random inspection and 
sampling.  
(4) A person may, on the form presc ribed in Part B of the Sixth Schedule, apply 
to the Minister to declare that a certain food should be consider ed a high risk 
food for the purposes of these regulations.   
(5) Upon receiving an app lication, the Minister shall at the earliest opportunity 
refer the request to the Food Council and to the Fo od Division for their 
recommendations.  
(6) The Food Council an d the Food Division shall consider an application and 
provide their recommendation in writing to the Minister within 21 days.  
(7) In determining w hether or not the food should be considered a hi gh risk food, 
the Council and Division will have due regard to  standards and guidelines in 
the Codex and neighbouring jurisdictions, as well as the potential local impact 
of the change.  
(8) The list of high  risk foods may, on the recommendation of the Mini ster, be 
amended by the Cabinet from time to time and publishe d in the Tonga 
Government Gazette.  
73 Criteria for clearance  
(1)  Where an authorized officer is satisfied after carrying out the necessary 
inspec tions that a consignment of imported food meets the requirements of the 
Act, these regulations and any other a pplicable laws, he shall without further 
delay release the said consignment to the own er, importer or person in 
apparent charge for distribution a nd sale.  
(2)  If an authorized officer takes sam ples of the consignment for analysis, the 
consignment shall no t be accepted for release and distribution except upon 
production of an official analy st’s or an official laboratory’s certificate to the 
effect t hat the food complies with the requirements of t he Act, these 
regulations and any other applicable laws.  
(3)  Where the authorized officer is of the opinion that only certain lots of the 
consignme nt meet the requirements for acceptance, he may take samples  from 
other lots for further testing and examine  the previous compliance history of 
the importer, if any, befo re making his decision.  
(4)  Where an authorized officer is of the opinion that the co nsignment does not 
comply with the requirements of the Act, these regulations and any other 
applicable laws he may –– 
(a)  accept the consignment for release and distribut ion for purposes other 
than human consumption. In that event, a notice of rejection di recting 
the owner, importer or person in charge to use the f ood for purposes 
other than human consumption sh all be issued;  Regulation 74 Food Regulations 2021 
 
 
Page  54  to   
 (b)  reject the consignment with an option of r e–exporting the food or 
returning it to the country of origin at the expense of the im porter;  
(c)  reject the consignment and order the destructio n of same either by the 
importer or the Authorit y at the expense of the importer.  
PART XIII – EXPORTED FOOD  
74  Certification of food for e xport  
(1)  No article of food shall be exported from th e Kingdom unless it is 
accompanied by a certificate issued b y the Authority to the effect that the 
food– 
(a)  is fit for human consumption;  
(b)  has been produced, manufa ctured or processed in accordance with the 
standards prescribed in these regulations o r any other applicable 
standards; and  
(c)  meets the require ments of the importing country.  
(2) Subject to regula tion 77,  a person desiring to export food from the Kingdom 
shall, at least 2 months before the intended date of shipping, apply in writing 
to the A uthority for the certificate referred to in sub –regulation ( 1) and pay 
the fee prescribed in the Fourth Sched ule.  
(3) An application for certification of food intended for e xport shall be as 
prescribed in Form J  of the Second Schedule.  
(4)  Upon receipt of a n application for a certificate of fitness for export, the 
Authority shall within 21 days carry out the neces sary inspections and 
evaluations to assure itself that the co nditions specified in sub –regulation (1) 
have been met by the applicant before issuing  the certificate.  
(5)  Inspections and evaluations required to be carried out under this regulation 
shall inc lude, but shall not be limited to – 
(a)  physical inspection o f the applicant’s food business operations;  
(b)  sampling and analysis of the food int ended for export;  
(c)  checks on hygiene, including personne l cleanliness and clothing;  
(d)  examination of w ritten records;  
(e)  examination of the results of any verifi cation systems operated by the 
applicant; and  
(f)  auditing of process controls operat ed by the applicant such as HACCP.  
(6)  The certificate of f itness for export shall be a prescribed in Form K  of the 
Second Schedule.  Food Regulations 2021 Regulation 75 
 
 
to  Page  55 
  
 75 Urgent  applications  for approval to export  
Notwithstanding regulation 76(2), an urgent application for a certificate fo r export 
may be considered provided that – 
(a) the head of t he Food Division has approved the submission of a n urgent 
application;  
(b)  the head of the Food Division conf irms that an inspection can be carried out 
within the required timeframe to ensure com pliance with this Part; and  
(c) the applicant pays the requi site fee for an urgent application.  
PART XIV – FOOD WASTE  
76 Liquid waste disposal  
(1) A food business which r equires a license under Part A of the First Schedule 
may be required to comply with on e or more of the following at the business 
premises – 
(a) be equipped with an efficient centralised or indivi dual liquid waste 
disposal system approved by the Authority a nd of suitable size and 
design to exceed the level of demand for liquid waste disposal  at peak 
levels of activity by the business and by customers ; 
(b) maintain the liquid sewage disposal system in good working condition;  
(c) ensure that the liquid waste d isposal system exits into a relevant 
approved sewage drain system capable of efficient ly carrying away 
liquid waste from the business premises.  
(2) As part of an inspection by an authorised offic er, there will be a routine 
inspection of liquid waste system s to ensure compliance with this part and to 
inspect disposal areas for the presence o r harbourage of harmful bacteria . 
(3) An authorised officer may, as part of his inspection report, recommend one or 
more processes for the elimination and prevention of harmful bacteria . 
(4) A business owner, operator or person in charge must comply wi th the 
authorised officer’s recommendations in sub –regulation (3 ). 
77 Solid waste disposal  
(1) A food business wh ich requires a license under Part A of the First Schedule 
may be required to comply with one or more of the following at the business 
premises –  
(a) allocate an appropriate and separate amount of space for solid waste 
storage, located at a convenient but suitably distant location from food Regulation 77 Food Regulations 2021 
 
 
Page  56  to   
 preparation, storage, han dling, serving or selling areas to prevent 
contamination;  
(b) allocate a sufficien t number of suitably constructed waterproof solid 
waste containe rs with tight fitting lids to adequately contain the volume 
of accumulated solid waste produced by the food pr emise in one day;  
(c) containers in (b) should be lined with suitable disposable l iners or bags;  
(d) ensure daily or weekly disposal of waste, dep ending on the level of 
waste of the business acti vity; 
(2) As part of an inspection by an authorised officer, there will be a routine 
inspection of solid waste systems to ensure compliance wit h this part and to 
inspect waste disposal areas for the presence  or harbourage of pests.  
(3) An authorised office r may, as part of his inspection report, recommend one or 
more processes for the elimination and prevention of pest infestation.  
(4) A business  owner, operator or person in charge must comply with the 
author ised officer’s recommendations in sub –regulation (3). 
PART XV – ADMINISTRATIVE SANCTIONS AND APPEALS  
78 Improv ement Notice  
(1)  Where any food business, by reason of its location, construction  or state of 
disrepair, is in such a condition that any food in the premises may be exposed 
to contamination or d eterioration or become unfit for human consumption, an 
author ized officer may serve an improvement notice in writing on the person 
who owns, op erates or is in charge of the food business – 
(a)  stating the au thorized officer’s grounds for believing that the  provisions 
of the Act, these regulations or any other applic able law are not being 
complied with;  
(b)  specifying the measures which the autho rized officer considers 
necessary for the to food business carry  out in order to remedy the 
failures referred to in the preceding paragraph; and  
(c)  requiring the owner, ope rator or person in charge to implement those 
measures, or measures which are at le ast equivalent to them, within the 
time period prescribed in the  notice.  
(2)  The improvement notice referred to in sub –regulation (1) above shall be as 
prescribed in Form L  of the Second Schedule of these regulations.  
(3)  A person on whom an improvement notice is served under sub –regulation (1) 
must comply with the i nstructions provided in the notice  before the dat e for 
re–inspection.  
(4) If upon re –inspection of the premises, a n authorised officer finds that the 
owner, operator or person in charge of the bus iness has not satisfactorily Food Regulations 2021 Regulation 79 
 
 
to  Page  57 
  
 complied with the improvement notic e, the authorised officer may issue a spot 
fine i n accordance with regulations 81 and 93.  
(5)  An improvement  notice served under these regulations is automatically 
deemed void if the person on whom the notice is served ceases to use the 
premises concerne d as a food business.  Notwithstanding, where a s pot fine 
has been issued prior to the closure of the business , the owner, operator or 
person in charge shall continue to remain liable for the payment of such fine.  
79 Process for issuance of spot fines  
(1) Wher e an authorised officer has sufficient evidence t o determine that the 
owner, operator or person in charge of a  business has committed an offence 
under regulation 93, the officer shall refer th e matter to the Authority 
recommending that a summons is issued to the owner, operator or person in 
charge.  
(2) With the approval of the Authority, a authorised officer shall iss ue and serve a 
summons as prescribed in Form M  of the Second Schedule on the owner , 
operator or person in charge.  
(3) When serving a summons under sub –regulation (2), the authorised officer 
shall –  
(a) deliver or cause to be delivered the original copy of the  summons to the 
person against whom it is issued; and  
(b) record the date and tim e of service on the two duplicates of the 
summons.  
(4)  One copy  of the duplicate of the summons shall be forward ed to the court by 
the authorised officer before the court ap pearance date, and a copy of the 
summons shall remain on the Authority’s file.  
(5) If the person on whom the summons was issued pays the prescrib ed fine by or 
before the court appearance date, t he authorised officer shall notify the court 
and the summons shall be struck out.  
(6) If the person on whom the summons was issued chooses to dispute the matters 
alleged or fails to pay the fine by the cour t appearance date, the court shall 
proceed to hea r the matter in accordance with the court’s proceedings.  
80 No right of appeal to Council  
A person against whom a summons is issued under regul ation 81 shall have no right 
of appeal to the Council under regu lation 9(7) against the issuance or service of th e 
summons, but shall rai se any objections with the court of c ompetent jurisdiction . Regulation 85 Food Regulations 2021 
 
 
Page  58  to   
  PART XVI – FINANCIAL PROVISIONS  
81 Payment for application s  
(1) Where a fee is required for a specific application under these regulations, such 
fee shall be paid to a de signated Government officer or office, as directed by 
the Aut hority from time to time.  
(2) Fees in relation to an applicant located in an outer  island or outlaying island 
shall be paid to the designated Gove rnment officer or office, as directed by the 
Auth ority from time to time.   
(3) Where it is specified in these  regulations or in the Act that an application must 
be accompanied by the prescrib ed fee, it shall be sufficient for the purposes of 
lodging the a pplication to submit a valid receipt indicating t hat the fee has 
been paid to the designated Government office r or office as directed by the 
Authority in sub –regulations (1) and (2).  
82 Paymen t for re–inspection  
A re–inspection fee shall be paid in accorda nce with regulation 91.  
83 Payment of fines  
Once issued, a fine must be paid to specific Magistrate Courts loc ated on Tongatapu 
or in the outer islands as directed by the Authority from time t o time.  
84 Deposit into g eneral revenue account  
(1) All monies received for the payment of applications and fine s under these 
regulati ons must be deposited into the general revenue account of the 
Kingdom.  
(2) The Ministry shall allocate a set portion  of these funds into the annual budget 
of the Authority, for the adm inistration of the Food Act 2020  and these 
regulat ions.  
PART XVII – ENFORCEMENT  
85 Qualification of authorised  officer  
For the effective enforcement of the Act and these regulations, a perso n who is 
appointed or designated by the Minister as an authorised officer under section 
10(1)(b) of the Act shall ha ve the following minimum qualifications – 
(a) a degree in fo od science or technology or its equivalent;  Food Regulations 2021 Regulation 86 
 
 
to  Page  59 
  
 (b) a Diploma in Public Health from a recognised academic institution in Tonga 
or abroad;  
(c) a qualif ication in environmental health; or  
(d) satisfacto ry completion of an in –service training course provided by t he 
Authority and or jointly with the Ministry of Health.   
86 Appointment or des ignation of an authorised officer  
(1) The Authority may from time to time –  
(a) appoint a person from within the Mi nistry; or 
(b)  designate a person from another Government M inistry or agency,  
as an authorised officer under this Act.  
(5) The appointment of an authorised officer shall be in the form prescribed in 
Part A of  the Tenth Schedule.  
(6) The designation of an authori sed officer shall be in the form prescribed in Part 
B of the  Tenth Schedule.  
(7) Once appointed or designated, an authorised officer will be iss ued with an 
Identification Certificate as prescribed in Part C of the Tenth Schedule.  
87 Revocation of appointment o r designation  
 (1) The Authority may from time to time, revo ke the appointment or designation 
of a person as an authorised officer under thi s Act.  
(2) Grounds for revocation of a designation include – 
(a) rotation of responsibilities within the Ministry or  within the 
Government Ministry or agency from which the off icer was appointed;  
(b) the officer is alleged to have received a bribe and the allegation has 
been established with credible evidence presented t o the Authority, so 
that in the opinion of the Aut hority those allegations are justified;  
(c)  the officer is convicted of a criminal offence; or  
(d) the death, retirement or termination of employment of the officer.  
(3) Where an appointment or designation  of an authorised officer is revoked, the 
revocati on order shall be in the form prescribed in Part D of the Te nth 
Schedule.  
88 Frequency of inspections  
(1) An authorised officer shall conduc t an inspection of a food business in line 
with the risk associate d with the food being produced, processed, handled , Regulation 89 Food Regulations 2021 
 
 
Page  60  to   
 stored, displayed, transported or sold and in accordance w ith the history of 
compliance of the business owner, operator or person in charg e. 
(2) To the extent that resources of the Authority permit, the f requency of planned 
inspections shall be as outlin ed in the Eleventh Schedule.  
89 Cost for re –inspection  
(1) The Authority shall charge a fee for a re –inspection, which is taken as a 
conseq uence of a report of non –compliance during an annual audit of a fo od 
premise.  
(2) The fee charged shall include the cost for the inspection officer’s time during 
re–inspection (minimum charge of one hour), and transportation costs to and 
from the site of t he premises to be re –inspected.   
(3) The Authority will, from tim e to time, publish the rates to be applied in sub –
regulation (2), to ensure that food business operators are a dequately informed 
and to ensure national consistency of fees charged.  
(4) The A uthority may reduce or waive payment of a charge under this regula tion 
in a particular case or class of cases.  
PART XVIII – OFFENCES AND PENALTIES  
90  General offences and pena lties 
(1) A person who owns, operates or is in charge of a food business who – 
(a) does not ensure that good hygienic practices as prescribed in Part V of 
these regulations and associated schedule are  applied at all stages of 
production, processing, handling, storage and distribution of food under 
their control;  
(b) imports food that has been produced, harvested, prepared, processed, 
handled, packed, ke pt or conveyed in a manner contrary to good 
hygien ic practices prescribed in Part V of these regulations;  
(c) packs, keeps, conveys, imports or sells any food that is packed or 
labelled in a  manner contrary to the requirements prescribed in Part 
VIII of th ese regulations;  
(d) stores, advertises for sale, displays for sale or sells a food past its 
expiration (use b y date);  
(e) advertises for sale, displays for sale or sells a food past its bes t before 
date and if the food is unsafe, unhygienic or unfit for h uman 
consumption, or if the quality has deteriorat ed to such an extent that, in 
the opinion of the authorised officer a consumer would be misled as to 
the quality of the food;  Food Regulations 2021 Regulation 92 
 
 
to  Page  61 
  
 (f) stores or displays for sale a food in a manner contrary to storage 
requireme nts prescribed on its label or associated labellin g; 
(g) imports, produces, harvests, prepares, processes, han dles, packs, keeps, 
conveys or sells any food that is contaminated; or  
(h) operates a food business without a license or food permit pursuant to 
Part II of these regulations,  
shall upon convictio n be liable to – 
(a)  in the case of a first offence to fine  not exceeding $20,000 or a 
term of imprisonment of up to 6 months, or both;  
(b)  in the case of a second or subsequent offence to a fine not 
exceeding $50,000 or a term of imprisonment of up to 2 years, or 
both.  
91 Level of spot fine  
(1)  Notwithstanding  the generality of regulation 94 , the Authority shall  impose 
the following spot fines , which shall be determined in accordance with the 
prescribed  process and issued by way of service of the presc ribed Summons in 
Form L of the Second Schedule . 
 
(2) For the avo idance of doubt, where the owner, operator or perso n in charge of 
a business has been issued a fine under sub –regulation (1) and has paid that 
fine in its entirety, there will not be a correspondi ng prosecution for the same 
facts which gave rise to the off ence, unless the prosecution is initiated by 
anothe r Ministry with statutory jurisdiction.  
PART XIX – MISCELLANEOUS  
92 Prescribed forms and f ees 
(1)  The forms set out in the Schedules are hereby prescribed for the purposes of 
the Act and these regulations . 
(2)  The fees set out in the Fourth Schedule are hereby prescribed for the purposes 
of the Act and these regulations.  
(3) The Minister, with the  consent of Cabinet, may amend or revise the presc ribed 
forms and fees from time to time.  
93 Relationships to Codex Alimentarious  
Standard  Regulation 92 Food Regulations 2021 
 
 
Page  62  to   
 (1) Where no Standard has been defined for any product under the Act and its 
regulations, the relevant Codex standard  shall be taken, subject to any 
variation prescrib ed under these Regulations, to be the Standard to be applied  
in Tonga;  
(2) For any product, whether a Codex Sta ndard exist or not, the Food Authority 
may establish, as may be required from time to time, a S tandard for 
application in Tonga;  
(3) As laid down  in section 60 of the Act, if there is a conflict between a Codex 
Standard and a Standard under these Regulatio ns, the Standard under these 
Regulations will prevail otherwise directed by the Food Authority.  
Product definition  
(4) Where no specific product definition has been defined for any product under 
these Regu lations, the product definition by the Codex Alimen tarius in the 
relevant Codex Standard shall be taken to be the product definition to be 
applied  in Tonga unless otherwise directed in these Regul ations by the Food 
Authority.  
(5) Where a specific product d efinition has been defined for any product under 
these Regulations, any additional product definition details by the Codex 
Alimentarius Commission  in the relevant Standard shall be taken to provid e 
additional product definition requirements to be applied i n Tonga, unless 
otherwise directed in these Regulat ion or by the Food Authority.  
(6) For any product, whether a Codex Standard exists or not, the Food Authority 
may establish a product definition for application in Tonga, as may be 
required from time to ti me.  
(7) Where this product definition is in confli ct with a Codex Standard, the 
product definition established by the Food Authority shall prevai l. 
Sampling  
(8) For those Standards where Codex St andards are adopted for application in 
Tonga, their adoption  shall not be taken to include Codex requirements f or 
sampling.  
(9) Food business operators shall sample food as frequently as is required to 
validate or verify the correct functioning of their pr ocedures based on good 
hygienic practice and based on HACCP principles, where these principles are 
being applie d by the food business.  
(10) Given the limited resources available to the people of Tonga, its industry and 
its government, it shall be satisfact ory that a maximum of 10 samples be taken 
to determine compl iance with the Act and its regulation or required b y the 
Food Authority or required by Competent Authorities of countries importing 
food from Tong a. 
Applying HACCP  Food Regulations 2021 Regulation 94 
 
 
to  Page  63 
  
 (11) For those regulations where  Codex hygiene requirements are adopted for 
application in T onga, their adoption shall not be taken to mean tha t Codex 
requirements for HACCP shall be mandatory until 2022 or other transitional 
period subse quently defined by the Food Authority or these Reg ulations.  
(12) All businesses involved in the handling of fo od for export to countries 
requiring HACCP to be in  place for such food and in such food operations 
shall have a documented HACCP as required  –  
(a) prior to handling  the food for subsequent expor t; or  
(b) as soon as required by the Competent Authority in  the country to which 
the food will be exported, in  cases where a transitional period is 
permitted.  
(13) Where food business operations apply proc edures based on good hygienic 
practices and HACCP principles, sampling and analysis may be undertaken as 
requi red to validate or verify the correct functioning o f their procedures unless 
otherwise required by these Regulations or required by the Food Autho rity, 
and provided that the safety of the food is not endangered and provided, in the 
case of exports, that th e sampling and analysis is undertaken in accordance  
with the importing country’s requirements.  
94  Gazette Notice of food dangerous or injurious t o health  
If in the opinion of the Minister, a food  would or may be dangerous or injurious to 
health, the Minis ter may declare by notice in the Gazette that food to be dangerous 
or injurious.  
95 Transitional provisions  
(1) Within 6 months of the commencemen t of these regulations, the owner, 
operator or per son in charge of a food business must –  
(a) apply for regis tration; and  
(b) for businesses listed in Part A o f the First Schedule, apply for a food 
license; or  
(b) for businesses listed in Part B of the First Schedule, apply for a food 
permit,  
in accor dance with Part II of these regulations.  
(2) An application for registration of a food business will be automat ically 
approved and shall be free of charge.  
(3) The owner, operator or person in charge of a f ood business that has submitted 
an application for  a food license or food permit under these regulations will –  
(a) be granted conditional approval to operate w hile an application for a 
food license or food permit is considered under these regulations;  Regulation 96 Food Regulations 2021 
 
 
Page  64  to   
 (b) once a decision of the Authority is conveyed to the owner, operator or 
person in charge, the conditional app roval will be void.  
96 Repeal and savings  
The follo wing regulations are hereby repealed and replaced by these regulations –  
(a) Public Health (Me at) Regulations are hereby repealed and replaced;  
(b) Public Health (Restaurants and Food Stores) Regulations are hereby repealed 
and replaced; and  
(c) Public He alth (Bakeries and Vendors) Regulations are hereby repealed and 
replaced.  
 
 
 
Passed by the Legi slative Assembly this           day of                     2021.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Food Regulation s 202 1 SCHEDULE 1  
 
 
 
to  Page 65 
  
 
 SCHEDULE  1 
(Regulation 9 (1) ) 
PART A – BUSINESSES REQUIRED TO APPLY FOR A FOOD LICENSE  
The following categories of business es shall be requi red to apply for a food license – 
 
License type  Description of activity  
1.  Catering premises ( business)  
2.  Catering premises (school)  
3.  Mobile or temporary small scale catering  
4.  Bakery  
5.  Abattoir  
6.  Butcher shop  
7.  Meat and meat product proce ssing  
8.  Fish and fisheries product processing  
9.  Milk and milk product processing  
10.  Poultry and poultry product  processing  
11.  Egg and egg product processing  
12.  Food  processing (general)  
13.  Food packing only  
14.  Food storage only  
15.  Food distribution only  
16.  Packag ed water processor  
17.  Packaged ice processor  
18.  Retail only (urban)  
19.  Retail only (school/village)  
20.  Retail and catering (for example, retailer with fast food 
coun ter) SCHEDULE 1  Food Regulations 2021 
 
 
 
Page 66  to   
 
 21.  Importer  
22.  Exporter  
23.  Market place stalls  
24.  Other (not specified above)  
 
PART B – BUS INESSES REQUIRED TO APPLY FOR A FOOD PERMIT  
The fo llowing categories of businesses sh all be required to apply for a food p ermit – 
 
Permit Type  Description of act ivity  
A.  Temporary food vendor at event, fair or roadside  
B.  Temporary food stall or booth  
C.  One off caterer for fundraising event  
D.  Temporary or o ne off activity related to the handling, 
preparation, cookin g, production, packaging, repackaging, 
treatment, t ransportation or selling of food  
E.  Fisherman selling fresh fish directly to a consumer from a 
boat or moving vehicle  
F.  Farmer selling agricultura l products directly to a consumer 
at his farm  
 
 
 
 Food Regulation s 202 1 SCHEDULE 2  
 
 
 
to  Page 67 
  
 
 SCHEDULE  2 
(Regulations  10(1) & 17(1))  
FORM A – APPLICATION FOR A FOOD LICENS E 
 
APPLICANT NAME  
  
CONTACT PERSON  
  Name:  Telephone:  Email:  
LEGAL STATUS  
 Natural person  Company  Sole proprietor  
APPLICATI ON TYPE  
 Food license  Food Permit   
INFORMATION IN 
RELATION TO 
BUSINESS  
 
 
 
 
 
 
 
 
 
 
 
 Name of person to be 
issued on license:    
Nature of food 
business:    
Full names of 
partners:    
Full names of 
directo rs:   
Full address of 
premises:    
Postal addre ss of 
premises:    
Name and address of 
owner of premises:    
Names and addresses 
of all persons who 
handle food in the 
business:    
APPLCATION FEE 
ENCLOSED:  Amount:  Cash:  Cheque no.:  
FOR OFFICE USE 
ONLY:  Name of receiving 
officer:  
  
Further informatio n 
required:  
 Yes No 
Type of information:   
 
 
Approval  
  Yes  No 
Date  
  SCHEDULE 2  Food Regulations 2021 
 
 
 
Page 68  to   
 
 Undertaking  
I understand that the Food Act 2020 provides penalties for persons who provide false 
information.   
I certify that the information supplied in this application is a true, correct and complete 
statement.  
I understand that I am required to report immediately to the Authority any changes to the 
information given on this form and further understand that failure to do so m ay render me 
liable to prosecution.  
 
 
……………………………… ……  
Name and signature of applicant  
 
…………………………………  
Date of Ap plication  
 
FORM B – APPLICATION FOR A FOOD PERMIT 
 
APPLICANT NAME  
  
CONTACT PERSON  
  Name:  Telephone:  Email:  
LEGAL STATUS  
 Natural person  Compan y  Sole proprietor  
APPLICATION TYPE  
 Food license  Food Permit   
INFORMATION IN 
RELATION T O 
BUSINESS  
 
 
 
 
 
 
 
 
 Name of person to be 
issued on license:    
Nature of food 
business:    
Full names of 
partners:    
Full names of 
directors:    
Full address of 
premises:    
Postal address of 
premises:    Food Regulation s 202 1 SCHEDULE 2  
 
 
 
to  Page 69 
  
 
  
 
 Name and address of 
owner of premises:    
Names and addresse s 
of all persons who 
handle food in the 
business:    
APPLCATION FEE 
ENCLOSED:  Amount:  Cash:  Cheque no.:  
FOR OFFICE USE 
ONLY:  Name of receiving 
officer:  
  
Further information 
required:  
 Yes No 
Type of information:   
 
 
 
Approval  
  Yes  No 
Date  
  
 
Undertaking  
I understand that the Food Act 2020 provides penalties for persons who provide false 
information.   
I certify that the information sup plied in this application is a true, correct and c omplete 
statement.  
I understand that I am required to repor t immediately to the Authority any changes to the 
information given on this form and further understand that failure to do so may render me 
liable  to prosecution.  
 
 
……………………………………  
Name and signatu re of applicant  
 
…………………………………  
Date of App lication  SCHEDULE 3  Food Regulations 2021 
 
 
 
Page 70  to   
 
 SCHEDULE 3  
(Regulation xx) 
PART A – FOOD LICENSE  CERTIFICATE  
 
 
Serial No. …………  
…… ....…… (name of  person, firm or company to whom licence is issued)  is hereby 
permitted to engage in, or otherwise carry o ut, the following food related activities at 
….............. .............................  (location address of premises evaluated and approved for 
food business) within the Kingdom – 
1…………  
2…………  
3………… (List of food authorized related activities)  
This Licenc e shall be valid for a period of ……………….. from the date of i ssue, but may 
be renewed annually if valid for a period of more than 1 year.  
This Licence  shall not be sold , transferred or assigned to any perso n, premises or food 
business except with the prior  approval of the Authority .  
This Licence  may be suspended, revoked, withdrawn or cancelled following breach of 
these conditions  – 
1…………  
2………… (List of terms and conditions , if any .) 
 
ISSUED AT Nuku’alofa t his ……… day o f …………………………….20 ..........  
 
……………………… ………………  
Name and Signature of Issuing Officer  
………………………………………  
Official Stamp or Seal of the Authority  
 
 
 Food Regulation s 202 1  
 
 
 
to  Page 71 
  
 
 PART B – FOOD PERMIT CERTIFICATE 
 
 
Serial No. …………  
…… ....…… (name of  person, firm or company to whom l icence is issued)  is hereby 
permitted to engage in , or otherwise carry o ut, the following food related activit ies at 
…...........................................  (location address of premises evaluated and approved for 
food business) within the Kingdom – 
1…………  
2…………  
3………… (List of food authorized related a ctivities)  
This Permit  shall be valid for a period of ……………… .. from the date of issue, but may 
be renewed annually if valid for a period of more than 1 year.  
This Permit shall not be sold, transferred or a ssigned to any person, premises or food 
business e xcept with the prior approval of the Authority .  
This Permit  may be suspended, revoked, withdrawn or cancelled following breach of these 
conditions  – 
1…………  
2………… (List of terms and conditions , if any .) 
 
ISSUED AT Nuku’alofa this ……… day o f …………………………….20 ..........  
 
………………………………………  
Name and Signature of Issuing Offi cer 
………………………………………  
Official Stamp or Seal of the Authority  
 
 
 
 SCHEDULE 4  Food Regulations 2021 
 
 
 
Page 72  to   
 
 SCHEDULE 4 
(Regulation 12(7))  
NOTICE OF APPEAL  
 
 
Ministry of Agriculture, Food a nd Forests  
 
 
To:   National Food Authority  
 
Addres s:   Office of the Minister responsible for Food  
    Nuku’al ofa, Tonga  
______________ ____________________________________ __________
___________  
 
NOTICE  OF APPEAL  
_____________________________________________ _______________
___________  
 
1.  I wish to lodge an a ppeal in respect of the following administrative decision:  
…………………………………………………………………… ………………………………………………………
…………………………………………………………………………………………… (specify) which was 
made on ……………………………………………………………………………. (date  of decision, 
which must be not more than 14 days prior to the lodging of the appeal.)  
 
2.  I lodge this appeal b ased on the following gro unds:  
……………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………………
……………………………………………………… ……………………………………………………………………
……………………………………………………………  
 
3.  I have enclosed the following documents or statements in s upport of my appeal:  
 
……… ……………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………………
……………………………………………………………………………  
 
4.  I understand that this appeal will be referred t o the next meeting of the  Food 
Council and that I will be no tified of the meeting dat e.  I further understand that 
I may chose to appear in person before the Council, or that the Council may 
request my atte ndance.  
 Food Regulation s 202 1 SCHEDULE 4  
 
 
 
to  Page 73 
  
 
 5.  Should you require that I, or any of the  persons who provided documents or 
statements above, should meet with you in person, I/we may be contacted at 
the following address(es):  
………………………………………………………………  
………………………………………………………………  
………………………………………………… ……………  
………………………………………………………………  
 
6.  I understand that  if I am not satisfied with a decision of the Council, I may  appeal 
this matter to th e Minister or to the Supreme Court in the prescribed manner.  
 
7.  I enclose with this application the prescribed fee.  
 
Dated  this ………… day of ……………………., 20………  
 
 
………………………………… …………………………..  
Name of applicant and signature  SCHEDULE 4  Food Regulations 2021 
 
 
 
Page 74  to   
 
 SCHEDULE 5 
(Regulation  13(7))  
APPLICATION FOR RENEWAL OF FOOD LICENSE  
To – The National Food Authority  
I, …………………. (name of applicant) being a Director of …………… ………….. (name 
of firm or company) hereby apply on m y own behalf (or on behalf of the Company named 
herein) for a renewal of licence to operate a food business under the Food Regulations. 
(Use italicized phrases when applying on behalf of a non –natural perso n such as a firm, 
company or partnership)  
(a) Serial N umber of current licence ……………………………  
(b) Date of issue of curren t licence………………………………  
(c) Date of expiry of current licence ……………………………  
I hereby enclose the sum of $ …….. being the prescribed fee under the Food Reg ulations.  
I understand that the Food Act 2020 prov ides penalties for persons who provide false 
information.  I  certify that the information supplied in this application is a true, correct and 
complete statement. I understand that I am required to report im mediately to the Authority 
any changes to the info rmation given on this form and further understand that failu re to do 
so may render me liable to prosecution.  
 
 
……………………………………  
Name and signature of Applicant  
 
…………………………………  
Date of Application  Food Regulation s 202 1 SCHEDULE 6  
 
 
 
to  Page 75 
  
 
 SCHEDULE 6 
(Regulation 15(2))  
APPLICATION TO ASSIGN OR TRANSFER  A LICENSE  
To – The National F ood Authority  
I, ………………....... .............……. (name of applicant) being a Director of 
……………………………. (name of firm or company) herebyapplyon my own behalf (or 
on behalf of the C ompany named herein) to transfer licence to………………… ………. 
(name of new applicant) t o operate Company named herein  under the Food Regulations. 
(Use italicized phrases when applying on behalf of a non –natural person such as a firm, 
company or partnership)  
(a) Seria l Number of current licence ……………………………  
(b) Date of is sue of current licence…………………… …………  
(c) Date of expiry of current  licence ……………………………  
(d) Date of issue of transferring license………………………………  
I hereby enclose the sum of $ ……. being the prescribed fee under the Food R egulations.  
I understand that the Food Act 2020 pr ovides penalties for persons who provide false 
information.   I certify that the information supplied in this application is a true, correct and 
complete statement. I understand that I am required to report  immediately to the Authority 
any changes to the in formation given on this form and further understand that fa ilure to do 
so may render me liable to prosecution.  
……………………………………  
Name and signature of Applicant  
……………………………………  
Name and signature of new Applic ant 
…………………………………  
Date of Application  
 SCHEDULE 7  Food Regulations 2021 
 
 
 
Page 76  to   
 
 SCHEDULE 7 
(Regulations  43(2), 72(1))  
NOTIFICATION OF INTENDED IMPORTA TION OF FOOD INTO THE KINGDOM 
OF TONGA  
 
………………………………………  
………………………………………  
………………………………………  
(Name and address of Importer)  
………………………………………  
(Date of No tification)  
 
To– The National Food Authority  
In acc ordance with the provisions of regulation 8 of the Food Reg ulations, I hereby notify 
the Authority that I intend to import articles of food into the Kingdom for distribution and 
sale and the following deta ils relating to the said food are hereby provided f or your 
information – 
…………………………………………… (intended date and p oint of entry)  
…………………………………………… (mode of transport)  
…………………………………………… (comprehensive description of the food 
including for example product descri ption, quantity, means of preservation, country of 
origin and/or of dispatch, identifying marks such as lot id entification or seal identification 
numbers)  
…………………………………………… (exporter’s name and address)  
…………………………………………… (name and address of manufacturer a nd/or 
producer)  
I hereby undertake to provide any o ther relevant information and/or documentation on the 
food as may be requested by the Authority upon arrival of the consignment and to deliver 
up the food for inspection, sampling and analysis by the Autho rity as may be required.  
 
…………………………………………  
(Signat ure of Importer)  
 
………………………………………  
(Official Stamp or Seal if  Importer is a corporate person)  Food Regulation s 202 1 SCHEDULE 8  
 
 
 
to  Page 77 
  
 
 SCHEDULE 8 
(Regulation 43(1))  
APPLICATION FOR PERMIT TO IMPORT FOOD SOLELY FOR PURPOSES OF 
RE–LABELLING OR RE –CONDITIONING  
 
To–The Nationa l Food Authority  
I, …………… …… (name of applicant) being a Director of …………………… (name o f 
firm or company) hereby apply on my own behalf (or on behalf of the Company named 
herein) for a permit to import food into the Kingdom for the p urpose of re –labelling or 
reconditioning in order t hat such food will comply with the provisions of the Food A ct, the 
Food Regulations and any other applicable laws.  
…………………………………… (Comprehensive description of food to be imported)  
…………………………………… (Nature o f re–labelling or re –condi tioning required)  
I under stand that the Food Act 2020 provides penalties for persons  who provide false 
information.  I certify that the information supplied in this application is a true, correct and 
complete statement. I understa nd that I am required to r eport immediately to the Authority 
any changes to the information given on this form  and further understand that failure to do 
so may render me liable to prosecution.  
 
 
 
……………………………………  
Name and signature of Applicant  
 
……………………………… … 
Date of Application  
 SCHEDULE 9  Food Regulations 2021 
 
 
 
Page 78  to   
 
 SCHEDULE 9 
(Regulation 72(5 )) 
PERMIT TO IMPORT FOOD FOR PURPOSES OF RE –LABELLING OR RE –
CONDITIONING  
Serial No. …………  
PERMISSION  is hereby granted to ………… (Name of applicant, person, firm or 
company to whom licence is issued) to impor t … (prescribed quantity) of … 
(comprehensive descr iption of food to be imported) into the Kingdom for purpose s of re –
labelling or re –conditioning subject to the following conditions – 
1………………………  
2………………………  
3……………………… (list of conditions subject to which th e permit is granted)  
Failure to satisfactorily re –label or re –condition the food within the time prescribed in  this 
permit for so doing, or to comply with any other specified terms and conditions, may result 
in the issuance of an order directing the re –exportation or destruction of the food at the 
expense of the holder of this permit.  
 
 
ISSUED AT Nuku’alofa this … …… day of ………………………. 20    
 
 
………………………………………  
Name and Signature of Issuing Officer  
 
……………………………………  
Official Stamp or Seal of the Authority  
 Food Regulation s 202 1 SCHEDULE 10  
 
 
 
to  Page 79 
  
 
 SCHEDULE 10 
(Regulation 78(3))  
APPLICATION FOR CERTIFICA TION OF FOOD INTENDED FOR EXPORT  
 
To–The National Food Au thority  
 
I, …………….… (name of applicant) being a Director of ……………….. (name of firm 
or company) hereby apply on my own behalf (or on behalf of the Company named herein) 
for a certificate of fitness fo r export under the Food Regulations for purposes of expor ting 
…(name and quantity of food intended for export) to … (name of country of destination). 
(Use italicized phrases when app lying on behalf of a non–natural person such as a firm, 
company or partner ship)  
I hereby guarantee that the food – 
is fit for human  consumption  
has been produced, manufactured, processed or packaged in accordance with the 
requirements of the Food Act, 202 0, the Food Regulatio ns and any other 
applicable laws; and  
meets the requ irements of the importing country.  
I understand that the Food Act 2020 provides penalties for persons who provide false 
information.  I certify that the information supplied in this application is a true , correct and 
complete statement. I understand that I  am required to report immediately to the Authority 
any c hanges to the information given on this form and further understand that failure to do 
so may render me liable to prosecution . 
 
 
……………………………………  
(Name and signature of Applicant)  
 
……………………………………  
(Date  of Application)  
 SCHEDULE 11  Food Regulations 2021 
 
 
 
Page 80  to   
 
 SCHEDULE 11 
(Regulation 78(6))  
CERTIFI CATE OF FITNESS FOR EXPORT  
Serial No. ………  
THIS IS  TO CERTIFY THAT the accompanying … ……. (quantity of food) consignments 
of ……..… (specific name of  food) being exported from the Kingdom to … ……… 
(count ry of destination) by ………… (name of exporter) has been in spected, sampled, 
tested and/or analyzed by the National Food Authority of the Government of Tonga and 
found to be – 
▪ fit for human consumption  
▪ manu factured, produced, processed or packaged in accordan ce with the 
requirements of the Food Act 2020, the Food R egulations2016 and … (state title 
of any other applicable legi slation, e.g. the Fisheries Management Act 2002);  
▪ in compliance with the requirement s for imports of the Government of … (state 
name of d estination country); and  
▪ generally fit for export.  
The Na tional Food Authority of the Kingdom is the Competent Authorit y authorized to 
certify foods for export . 
 
DATED AT Nuku’alofa, Kingdom of Tonga thi s … (date of certificate)  
 
 
………………………………………  
Name and Signature of Issuing Officer  
 
………………………………………  
Official St amp or Seal of the Authority  
 
 Food Regulation s 202 1 SCHEDULE 12  
 
 
 
to  Page 81 
  
 
 SCHEDULE 12 
(Regulation 82(2))  
IMPROVEMENT NOTICE  
 
To– (Name and Address of Food Business)  
………………………………………………  
………… ……………………………………  
………………………………………………  
PLEASE TAKE NOTICE  that the operations of ……………………………… food 
business, of whi ch you are the owner, operator or person in charge are not in accordance 
with the requirements of the Food Regulations, 2016 for the following rea sons– 
1……………………………………………………………………………………………  
2……………………… ……………………………………………………………………  
3………………………………… ………………………………………… ………………  
YOU ARE HEREBY  requested to take the following specified measures 
within…………… (specified period of time) from the date of this notice to re medy the 
above mentioned failures.  
1…………………………………………… ………………………………………………  
2……………………………………………………… ……………………………………  
3……………………………………………………………………………………………  
Please be advised that failure to carry out the above mentioned remedial measures or other 
remedial measures e quivalent to the above within the specified time peri od will lead to 
further measures includin g prosecution be fore the Courts of Law and the closure of your 
food business. If you have any grounds to believe that the issuance and/or service of this 
notice u pon you is wrongful, you may appeal in writing to the  Minister for Food within 14 
days of the date of this not ice. 
(Name and designation of Authorized Officer)  
………………………………………………  
………………………………………………  
………………………………………………  
(Official Stamp of National Food Author ity) 
……………………………………………  
Date of Notice………………………………  
Date of Service of Notice……………………  SCHEDULE 13  Food Regulations 2021 
 
 
 
Page 82  to   
 
 SCHEDULE 13 
(Regulation 8 3(2))  
SUMMONS  
Serial No…  
To– ………………………………………  
………………………………………  
………………………………………  
(Name and address of offender)  
TAKE NOTICE  that you have been engaged  in or responsible for ………… (specify the 
activity(ies ) or conduct which  contravenes the law) which amounts to an infraction of 
regulation … (specify relevant regulation) of the Food Regulations, 2016.  
YOU ARE HEREBY ORDERED  to pay the sum of $ …..… being t he fine prescribed for 
the above named infraction und er the Food Regula tions on or before the ….… day of 
……….. … 20   (return date) or otherwise to appear before the …………………. (specify 
court) court located at ……………..… (specify location of court) on the date mentioned 
herein to contest the charge.  
Please note t hat failure to pay  the fine or to appear before the court  on the return date may 
lead to criminal proceedings with serious legal consequences. Payment of the fine may be 
effected at the offices of the Na tional Food Authority located at ....… (specify offic e where 
payment ca n be made) by presenting this summons t ogether with the prescribed fine on or 
before the return date.  
 
ISSUED AT …………………….. this …… day of …………….… 20  
 
(Name and designation of authorize d officer)  
………………………………………………  
………………………………………………  
(Official Seal of Nati onal Food Authority)  
……………………………………………  
 
Date of Issuance of Summons ………………………………  
Date of Service of Summons …………………………………  Food Regulation s 202 1 SCHEDULE 14  
 
 
 
to  Page 83 
  
 
 SCHEDULE 14 
(Regulation 37(6))  
APPLICATION FOR A MEDICAL EXAMI NATION  
Name and address of Food Business  
 ……………… …………… ………  
 ……………………………………  
 ……………………………………  
To– The Medical Pract itioner in Charge  
(Name and address of PublicHospital or Private Clinic)  
………………………………………………………  
………………………………………………………  
………………………………………………………  
 
We her eby request a medical examination to determine t hat M r./Mrs./Miss 
………………………………… (name of person) is fit to wor k at 
……….………………………….… (name of food business) as a food handler pursuant to 
the Food Regulations.  
In this regard, we request that medical certifi cate provided to us confirms that the 
abovenamed  is free from:  
 
 
Enclosed is the prescribed fee of $ ………… for the medical examination.  
Receipt No. …………  
 
 
…………………………………  
Name and signature of owner, operator or person in charge of food business  
 
…………………………… ……  
Designation  
 
…………………………………  
Date of applicati on SCHEDULE 15  Food Regulations 2021 
 
 
 
Page 84  to   
 
 SCHEDULE 15 
(Regulation 37(7))  
CERTIFICATE OF MEDICAL EXAM INATION  
Laboratory Results – 
________________________________________________________________            
Microscopy               Culture  
_________ _________________________ ____________________________ ______  
Throat Swab  
______________________________________ ______________________________  
Urine  
____________________________________________________________________  
Stool  
________________________________ _________________________ ___________  
Sputum  
________ _________________________________________________________ ___ 
Chest X –Ray if Sputum is TB Positive  
___________________________________________________________________  
I hereby certify that I have this day  examined Mr./Mrs./Miss … ……………………… and 
that in my opi nion he/she is fit under the Food Regulations to work at ………… (Name of 
Food business), Address ………………… City/Town/Market …………………  
This certificate is valid for a period of one year with effect from …………………  (date of 
medical examina tion).  
……………………………………………………  
……………………………………………………  
(Signature and Name of Medical Offic er)      
 
…………………………………….  
Official Stamp of Government Medical Institution  
 
….…………  
Date  Food Regulation s 202 1 SCHEDULE 16  
 
 
 
to  Page 85 
  
 
 SCHEDULE 16 
(Regulations7(9) & 13(8))  
PART A – PERIOD OF VALIDITY FOR  FOOD LICENS E 
 
License 
Type  Type of activ ity Period of validity  
1.  Catering premises (business)  2 – 3 years  
2.  Catering premises (school)  1 year  
3.  Mobile or temporary small scale 
catering  6 months  
4.  Bakery  3 – 5 years  
5.  Abattoir  2 – 3 years  
6.  Butcher sh op 2 – 3 years  
7.  Meat and meat product process ing 2 – 3 years  
8.  Fish and fisheries product processing  2 – 3 years  
9.  Milk and milk product processing  2 – 3 years  
10.  Poultry and poultry product 
processing  2 – 3 years  
11.  Egg and egg product processing  2 – 3 yea rs 
12.  Food processing (general)  2 – 3 years  
13.  Food packing only  1 – 2 years  
14.  Food storage only  1 – 2 years 
15.  Food distribution only  1 – 2 years  
16.  Packaged water processor  2 – 3 years  
17.  Packaged ice processor  1 – 2 years  
18.  Retail only (urban)  1 – 2 years 
19.  Retail only (school/village)  1 – 2 years  
20.  Retail and catering (for example, 1 – 2 years  SCHEDULE 16  Food Regulations 2021 
 
 
 
Page 86  to   
 
 retailer with fast food co unter)  
21.  Importer  2 – 3 years  
22.  Exporter  2 – 3 years  
23.  Permanent market place stall or booth  6 months – 1 year  
24.  Other (not specifi ed abov e) 6 months – 1 year  
 
PART B – PERIOD OF VALI DITY FOR  FOOD PERMIT 
 
Permit 
Type  Description of activity  Period of validity  
A.  Temporary market place stall or 
booth  Up to 6 months  
B.  Temporary food stall, booth, or 
roadside vendor  Up to 6 months  
C.  Mob ile premise or food vending 
machine  Up to 6 months  
D.  One off catering for an event or 
fundraiser  Up to 1 month  
E.  Temporary activity related to the 
handling, preparation, cooking, 
production, packaging, repackaging, 
treatment, transportation or selling 
of food Up to 3 months  
F.  Fisherman selling fresh fish dir ectly 
to a consumer from a boat or moving 
vehicle; fisher man selling from a 
stall; vendors selling fish or marine 
products  Up to 6 months  
G.  Farmer selling agricultural products 
directly to a consumer at his farm; 
vendor selling agricultural p roducts 
at a b ooth or stall  Up to 6 months  
 
 Food Regulation s 202 1 SCHEDULE 17  
 
 
 
to  Page 87 
  
 
 SCHEDULE 17 
(Regulation 4 (2), 9(4))  
FEES 
The following fees are prescribed under these regulations – 
No. Application Type  Further P articulars  Fee 
1.  Application for a food license  Catering  – business premises                300.00 
Catering – home based services  50.00  
Catering – school premises  100.00  
Catering – mobile  
 50.00  
Bakery – commercial scale                                     400.00  
Bakery – home based                                100.00  
Abattoir                                                                             200.00  
Butcher shop  200.00  
Meat and meat product processing                                    400.00  
Fish and aqua –produ cts 
processing               400.00  
Milk and milk p roduct processing                                     100.00 
Poultry and poultry product 
processing                             400.00  
Egg and egg product processing                                        400.00  
Food processing – general                                              100.00  
Food packin g only                                                             200.00  
Food storage only                                                             100.00  
Food distribution only                                                      100.00  
Packa ged water processor    400.00  
Packaged ice processor   100.00  
Food retail only – urban   200.00  
Food r etail only – school/village  100.00  SCHEDULE 17  Food Regulations 2021 
 
 
 
Page 88  to   
 
 Retail and catering (for ex ample, 
retailer with fas t food counter)  200.00  
Importer  500.00  
Exporter  200.00  
Market place stalls  100.00  
Other (not specified above)  100.00  
  
2.  Application for a food permit   50.00 –  
100.00  
3.  Application for annual renewal   50.00 – 
100.00  
4.  Appl ication for lice nse and 
permit transfer   50.00  
5.  Application for food int ended for 
export   50.00  
6.  Application for food intended for 
export (urgent application)   50.00  
7.  Application for food to be 
declared as high risk   50.00  
8.  Application for medical 
exam ination*  Under P ublic Health Act  50.00  
9.  Inspection of imported food   50.00 
10.  Inspection of imported food 
(urgent application)   50.00  
11.  Sampling and analysis of 
imported food   50.00  –  
100.00  
12.  Storage of imported food,  
pending results of analysis   5.00 per 
day 
13.  Destruct ion of imported food   To be 
determined 
by Waste 
Authorit y 
 
 
 Food Regulation s 202 1 SCHEDULE 18  
 
 
 
to  Page 89 
  
 
 SCHEDULE 18 
 (Regulation 36, Part VI)  
PART A – INFECTIOUS DISEASES  
For the purposes of regulation 32(1)(a) and Part VI of these regulations,  infectious diseases 
include those list below, and an y other infectious disease as declared by the Chief 
Execu tive Officer of the Ministry of Health under the Public Health Act –put the onus on 
the business owner person in charge  
 
1.  Jaundice  
2.  Diarrhoea  
3.  Vomiting  
4.  Fever  
5.  Sore throat with fever  
6.  Visibly in fected skin lesions (boils, cuts, etc.)  
7.  Discharges from  the ear, eye or nose  
8.  Covid –19 and other contagious diseases  
 
 
 
 
 
 
 
 SCHEDULE 19  Food Regulations 2021 
 
 
 
Page 90  to   
 
 SCHEDULE 19 
(Regulation  xx) 
INTERNATIONAL IRRADIATION SYMBOL  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Food Regulation s 202 1 SCHEDULE 20  
 
 
 
to  Page 91 
  
 
 SCHEDULE 20 
(Regulation xx) 
FOODS NOT REQUIRE D TO INDICATE EXPIRY DATE  
Notwithstanding regulation 53.1 (a) of these regulations, the expiry date shall not be 
required to be displayed in relation to the following foods:  
 
1.  Fresh fruits and vegetables,  including potatoes which have not been peeled, 
cut o r similarly treated  
2.  Wines, liquor wines,  sparkling wine s, aromatized wines, fruit wines and 
sparkling fruit wines  
3.  Beverages containing 10% or more by volume of alcohol  
4.  Bakers’ or pastry –cooks’ ware s which, given the nature of their content are 
normal ly consumed within 24 hours of their manuf acture  
5.  Vinega r 
6.  Food grade salt  
7.  Solid sugars  
8.  Confectionary products consisting of flavoured and/or coloured sugars  
9.  Chewing gum  
 SCHEDULE 21  Food Regulations 2021 
 
 
 
Page 92  to   
 
 SCHEDULE 21 
(Regulatio n xx) 
REQUIREMENTS FOR RE–PACKAGING FOOD  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Food Regulation s 202 1 SCHEDULE 22  
 
 
 
to  Page 93 
  
 
 SCHEDULE 22 
(Regulation  XX) 
FOODS AND INGREDIENTS C AUSING HYPERSENSITIVITY  
The following foods and ing redients are known to cause hypersensitivity – 
1.  Cereals containing gluten; i.e., wheat, rye, ba rley, oats, spelt or their 
hybridized strains and prod ucts of these  
2.  Crustacea and products of these  
3.  Eggs a nd egg products  
4.  Fish and fish products  
5.  Peanuts,  soybeans and products of these  
6.  Milk and milk products (lactose included)  
7.  Tree nuts and nut  products  
8.  Sulphite in concentrations of 10 mg/kg or more  
 
  
 
 
 
 
 
 
 
 
 
 SCHEDULE 23  Food Regulations 2021 
 
 
 
Page 94  to   
 
 SCHEDULE 23 
(Regulation xx) 
CLASS NAM ES AND CORRESPONDING INGREDIENTS  
The following list contains class names and corre sponding ingredients – 
 
NAME OF CLASSES  CLASS NAMES  
Refined oil s other than olive  ‘Oil’ together with either the term  
‘vegetable’ or ‘animal’, qualified by 
the term  hydroge nated’ or ‘partially –
hydrogenated’, as appropriate  
Refined fats  ‘Fat’ together wi th either, the term 
vegetable’ or ‘animal’, as appropriate  
Starches, other than chemically modified 
starches  ‘Starch’  
All species of fish where the fish constitutes an 
ingredient of another food and provided that the 
labelling and presentation of such fo od does not 
refer to a specific species of fish  ‘Fish’  
All type s of poultry  meat where such meat 
constitutes an ingre dient of another food and 
provided that the labelling an d presentation of 
such a food does not refer to a specific type of 
poultry  meat  ‘Poultry  meat’  
All types of cheese where the cheese or mixture 
of cheeses constitutes an ingredient of another 
food and  provided that the labelling and 
presentation of such fo od does not refer to a 
specific type of cheese  ‘Cheese’  
All spices and spice extr acts not exceeding 2% 
by weight either singly or in combination in the 
food ‘Spice’, ‘spices’, or ‘mixed spices’, as 
appropriate  
All herbs or parts of herbs not exceeding 2%  by 
weight either singly or in combination in the 
food ‘Herbs’ or ‘mixed herbs’, a s 
appropriate  
All types of gum preparations used in the ‘Gum base’  Food Regulation s 202 1 SCHEDULE 23  
 
 
 
to  Page 95 
  
 
 manufac ture of gum base for chewing gum  
All types  of sucrose  ‘Sugar’  
Anhydrous dextrose and dextrose mon ohydrate  ‘Dextrose’ or ‘glucose’  
All types of caseinates  ‘Caseinates’  
Milk Prote in Milk products containing a minimum 
of 50% of milk protein in dry matter  
Press, expeller or refined cocoa butter  ‘Cocoa butter’  
All crystallized fruit not exceeding 10% o f the 
weight of the food  ‘Crystallized fruit’  
 
 
 
 
 
 
 
 
 
 SCHEDULE 24  Food Regulations 2021 
 
 
 
Page 96  to   
 
 SCHEDULE 24 
(Regulation xx) 
CLASS TITLES OF FOOD ADDIT IVES  
The following list contains c lass titles of food additives –  
 
1.  Acidity Regulator  
2.  Acids  
3.  Anticaking Agent  
4.  Antifoaming Agent  
5.  Antioxid ant 
6.  Bulking Agent  
7.  Colour  
8.  Colour Retention Agent  
9.  Emulsifier  
10.  Emulsifying Salt  
11.  Firming Agent  
12.  Flour Tr eatment Agent  
13.  Flavour Enhancer  
14.  Foaming Agent  
15.  Gelling Agent  
16.  Glazing Agent  
  
 Food Regulation s 202 1 SCHEDULE 25  
 
 
 
to  Page 97 
  
 
 SCHEDULE 25 
(Regulation xx)  
LIST OF HIGH RISK FOODS  
For th e purposes of regulation xx, the following table contai ns the list of foods which are 
considered to be high risk – 
 
Food  Further Particulars  
  
  
  
  
  
  
  
   
  
  
 
 
 
 SCHEDULE 26  Food Regulations 2021 
 
 
 
Page 98  to   
 
 SCHEDULE 26 
(Regulatio n. 65(2))  
NOTICE OF FOOD SAFETY EVENT OR ISSUE  
To – The National Food Authority  
I, ……………………….. (name) b eing a ………………………….. (occupation) of 
…………………..… (name of firm or company) / or of ............... vi llage*, hereby wish to 
advise the Authority of the fol lowing food safety event or issue, which I strongly beli eve 
may pose a serious imminent risk to public health:  
Date:  …..……………………………………………………….  
Food safety issue or event:  
………………………………………………………………….  
…………………………………………………………………  
……… …………………………………………………………  
Incide nt was also reported to:  
………………………………………………………………….  
………… ……….………………………………………………  
Details of contami nated food (if any):  
………………… …..……………………………………… …. 
……………………… …………………………………………  
In support of the above, I als o enclose the following documents/statements/informati on* 
from witnesses:  
1. ………………………………….  Contact details:  
2. ………………………………….  Contract details:  
3. ……… ………………………….  Contact details:  
4. ………………………………….  Contract details:  
 
The location and details of the food bu siness/food vendor which I believe is responsible for 
the food safety event or issue being reported: 
……………………… ………………………………………….  
My contact details are:  
………………………………………………………………………….  
I understand that the Food Act 2020 provides penalties for persons who pro vide false 
information.  I certify that the informatio n supplied in this Notice is a true, correct and 
complet e statement. I understand that I am requi red to report immediately to the Authority 
any changes to the information given on this form and further understand that failure to do 
so may render me liable to prosecution.  Food Regulation s 202 1 SCHEDULE 26 
 
 
 
to  Page 99 
  
 
  
……………………………………    Received by: 
……………………… ………..  
Name and signature of informant    Date:         
……….………………………..  
…………………………………  
Date submitted  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 SCHEDULE 27  Food Regulations 2021 
 
 
 
Page 100  to   
 
 SCHEDULE 27 
(Regulation xx) 
EME RGENCY ORDER  
 
 
Ministry of Agriculture, Food and Fore sts 
 
To :   ………………………………………………  
Address :    ………………………………… ……………  
__________________________________________________ __________  
 
EMERGENCY ORDER  
__________________________________________________ __________  
 
In exercise of the powers conferred by Section 15 of the Food Act 2020, I hereby 
issue the following Order:  
 
that the above –named shall immediately publish w arnings that the particular food or 
class of foods listed below is unsafe for human consumption;  
  
that the cultivation, harvesting, taking, obtainin g or production of: 
……………………………………………………… (specific food  / or particular class of food*) in 
…………………………………… ……… (specific area) is prohibited until further notice from the 
Authority;  
 
that the above –nam ed manufacturer is absolutely prohibited from the 
prep aration, manufacture or sale of the following food:  
……… ……………………………………………….. (specific food/ or particular  class of 
food*);  
that the above –named is prohibited from advertising or selling the following 
food: ………………………………………………………… (specific food / or parti cular class 
of food*);  
 
that the following food: ……………… ……………………………. (specific food / or 
particular class of food*) shall be immediately recalled from public sale or shall 
be immediately removed from ci rculation in Tonga;  
 
that the following food: ………………… …………………………. (specific food / or 
particular class of food *) which is intended for human consumption shall 
immediately be impounded, isolated, destroyed or otherwise disposed of at 
……………………………………… (specif y place / manner) in which the impounding, 
isolation, destruction or disposal is to be carried out;  
  
 
 
 Food Regulation s 202 1 SCHEDULE 27  
 
 
 
to  Page 101 
  
 
 that the  following food: …………………………………………………. must immedia tely be 
tested, analysed or examined to identify the following: 
………………………………………………….. (specify p urpose for analysis or testing).  
 
You are hereby notif ied that this Order will take effect – 
(a) if served on you personally, within 2 days of the making of this Or der; or  
(b) if published by notice in the newspaper, at the beginning of the first day 
on which the notice was published.  
 
This Notice will cease on …………… ……………………. (insert date which is 90 days 
after the date o n which the Notice takes effect), unless it is rev oked sooner by 
the Authority or extended for a further specified period.  
 
Dated this ……….  day o f ……………………..……….., 20……….  
………………………………………………..  
Nationa l Food Authority  SCHEDULE 28  Food Regulations 2021 
 
 
 
Page 102  to   
 
 SCHEDULE 28 
(Regulation  xx) 
ORDER TO R ECALL  
 
 
Ministry of Agriculture, Food and Forests  
 
 
To :   …………………… …………………………  
Address :    ………………………………………………  
    ………………………………………………  
    ……………………… ………………………  
____________________________________________ ___________ _____  
 
ORDER FOR PRODUCT RECALL  
____________ ______________________________________ _________ _ 
 
In exercise of the powers conferred by Section 15(2)(e) and 16 of the Food Act 2020, 
I hereby i ssue the following Order:  
 
 
1. Recall all of the goods id entified below, within 7 working days from the date of 
this order;  
 
List of good(s)     Brand/Specific ation  
………………………………………………….…….  …………………….………………………………………  
…………………………………………………….….  …………………………….…………………… …………   
………………………………………………………..  …………………………….………………………………  
………………………………………………………..  …………………………….………………………………  
2. Notify  the public of the following matters:  
 
(i) the par ticular food or type of food to be recalled;  
(ii) the reasons why the food is considered unsafe;  
(iii) the circ umstances under which the consumption of the food is u nsafe;  
(iv) procedures for disposing of the food,  
 
By way of –  
(a) publishing a notice in a newspaper of g eneral circulation in Tonga on a 
weekly basis for a period of at least four consecutive weeks (1 mon th); 
and  Food Regulation s 202 1 SCHEDULE 28  
 
 
 
to  Page 103 
  
 
 (b) making an announcement on the Radio Tong a News Bulletin within 24 
hours of the date of this orde r, and to be announced at least 3 times in 
the 24 hour period.  
 
You are hereby advised that you must give written notice to the Authority by 
…………… ……………………………. (date stated here must be within 2 days o f the date of 
Recall Order) that you have completed the recall according to the above instructions.  
 
Your are further advised that should you fail to comply with this Recall Order, the 
Authority may car ry out the product recall on your behalf, and the tota l costs of 
which you will be responsible.  
 
 
Dated this … ……. day of ……………………..……….., 20……  
 
 
…………………………… …………………………………..  
National Food Authority  
 
 
 
 
 
 
 
 
 
 
 
 
 SCHEDULE 29  Food Regulations 2021 
 
 
 
Page 104  to   
 
 SCHEDULE 29 
(Regulation xx) 
ORDER TO DESTROY  
 
 
Ministry of Agriculture, Food and Forests  
 
 
To :   ………………………………………………  
Address :    ………………………………………………  
    ……… ………………………………………  
    ………………………………………………  
________________________________________ __________ __________  
 
ORDER TO DESTROY  
___________________________ _______________________ __________  
 
In exercise of the  powers conferred by Section 15(2)(f) of the Food Act 20 20, I 
hereby issue the following Order:  
 
 
that the foll owing food: ……………………………………………. (specific food / or 
particular class of food*) which is in tended for human consumption shall 
immediately be impo unded, isolated and destroyed at 
…………………………………………………………… …. (specify place / manner) on the 
following date ………………… ……………………………………………………………………  
 
You will be entitled to be present when this Order is being carried out.  
If you are not present on the abovenamed date, we request that you send a 
representative  
to be pr esent at the abovenamed site.  
 
You have a right to Appeal  this decision within 14 days of this Order being 
made, pursuant to section 22 of the Foo d Act 2020.  
 
An appeal must be lodged with the Office of the Minister in the prescribed 
manner.  
 
 
Dated this … …….  day of ……………………..……….., 20……  
 
…………………………………………………… ……..  
National Food Authority  Food Regulation s 202 1 SCHEDULE 30  
 
 
 
to  Page 105 
  
 
 SCHEDULE 30 
(Regulation xx) 
ORDER TO SEAL  
 
 
Ministry of Agric ulture, Food and Forests  
 
To :   ………………………………………………  
Address :    ………………………………………………  
    ………………………………………………  
    ………………………………………………  
__________________________________________________ __________  
 
ORDER TO SEAL  
__________________________________________________ __________  
 
In exercise of the powers conferred by Se ction 15(2)(f) of the Food Act 2020, I 
hereby issue the following Order:  
 
 
that the following food: … …………………………………………. (specific food / or 
particular class of food*) which is intended for human consum ption shall 
immediately be isolated at ……………………………………… ………………………. (specify 
place / manner) for the following pe riod 
………………………………………………………………………………………  (state duration of 
seal) for the following reasons: ……………………………………………………………………. 
(state reason why the food  is being sealed).  
 
You shall not, under any circumsta nce, be permitted to remove this seal or to 
offer the ab ove–named product for public sale or consumptio n. 
 
By …………………………………………. (specify date) this Order will either be 
removed, or you will be issued wi th a further Order in respect of the above –
named produ ct(s).   You have a right to Appeal this decision within 14 days of 
this Order being made, pursuant to s ection 22 of the Food Act 2020.   An 
appeal must be lodged with the Office of the Minister in the pr escribed 
manner.  
 
 
Dated this ……….  day of ……………………..… …….., 20……  
 
 
…………………………………………………………..  
National Food Auth ority SCHEDULE 31  Food Regulations 2021 
 
 
 
Page 106  to   
 
 SCHEDULE 31 
(Regulation  XX) 
ORDER TO RE –EXPORT  
 
 
Minis try of Agriculture, Food and Forests  
 
To :   ………………………………………………  
Address :   ………………………… ……………………  
   ………………………………………………  
   ………………………………………………  
_______________________________________ ___________ _______ ____ ___________ _ 
 
ORDER TO RE –EXPORT  
________________ __________________________________ ___________ ___________ _ 
 
In exercise of the powers conferr ed by Section 11(4)(b) o f the Food Act 2020, I hereby 
issue the following Order:  
 
That the following imported  food: ……………………………………………. (specific 
food / or  particular class of food*) which is intended for human consumption does not 
meet the requirements of  the Food Act 2020 or regulations and shall immediatel y be re –
exported to the point of origin at the expense o f the importer.  
 
You shall not, under any cir cumstance, be permitted to offer the above –named product for 
public sale or consumption.  
 
The above –named consignment must be re –exported to: 
............. ........................................................ ...... 
by …………………………………… (specify date).  
 Food Regulation s 202 1 SCHEDULE 31  
 
 
 
to  Page 107 
  
 
 If you do not comply with this Order, the Authority will re –export the above –named goods 
on your behalf,  and you will be liable for the total costs related to  the re –export.  
You have a right to Appeal this decision  within 14 days of this Order being made, pur suant 
to section 22 of the Food Act 2020.  
An appeal must be lodged with the Office of the Minister in  the prescribed manner.  
 
Dated this ……… day of ………………… ….……  20……  
 
 
…………………………………………………………..  
National Food Autho rity SCHEDULE 32  Food Regulations 2021 
 
 
 
Page 108  to   
 
 
SCHEDULE 32 
(Regulation 88(5))  
DESIGNATION OF AN AUTHORISED  OFFICER: FULL POWERS  
 
 
 
 
 
 
Pursuant to section xx  of the Food Act , I hereby designate OFFICER’S NAME of  MINISTRY 
NAME as an authorised  officer under the Food Act  (“the Act”).  
You are hereby authorised to act as an authorised  officer on behalf of the [Ministry  
responsible for f ood], holding full powers of an authorised  officer under Part xx  of 
the Act, but subject to all prov isions in the Act and regulations made under it.  
The dur ation of this designation is a period of NO. OF YEA RS.  At the end of this 
period, your designation will automatically lapse until a further desig nation is issued 
in writing by the [Minister in office ].  
For officers designated from outside the Food Divisi on 
For the avoidance of doubt, you will continue to report to your Minister and Chief 
Executive Officer in all matters relating to your usual posi tion.  However, on matters 
related to the Food Act 202 0 and regulations made under it, you will jointly report  to 
your Minister and Chief Executive Officer, as we ll as to the Minister responsible for 
food and the Chief Executive Officer for that Ministry.  
 
 
Issued at Nuku’alofa on this ……………… day of ……………………m onth, 
20....... year.  
 
 
……………………………………………………………….  
            [Hon.  Minister responsible for food ] 
 Food Regulation s 202 1 SCHEDULE 33  
 
 
 
to  Page 109 
  
 
 SCHEDUL E 33 
(Section 136(3))  
FORM OF IDENTIFICATION OF AN AUTHORISED  OFFICER  
FRONT:  
 
    Name:    
    Designation:  
    Ministry:  
    Expiration:  
    ID No.:  
 
FULL POWERS / LIMITED POWERS  
 
BACK:  
 
THIS ID IS  THE PROPERTY OF THE 
[MINISTRY RESPONSIBLE FOR FOOD ] 
 
You are hereby required to carry this 
identification at all times when you are 
exercising your powers under the Food Act and 
Food Regulations .  Yo u shall  show this ID if you 
are requested by any person.  
 
At the expiration of your designation, please 
imme diately return your identification card to the 
Chief Executive Officer of the [Ministry 
respon sible for food ]. 
 SCHEDULE 34  Food Regulations 2021 
 
 
 
Page 110  to   
 
 
SCHEDULE 34 
(Regulation 89(3))  
REVO CATION OF A DESIGNATION OF AN AUTHORISED  OFFICER  
 
 
 
 
 
Ministry of Agriculture, Food and Forests  
(Regulation  89(3))  
 
Pursuant to section 10(1)(b) of the Food Act 2020, I hereby REVOKE the 
appointment / designation of ………………................................. ............... (name of 
officer) as an authorised offic er under the Food Act 2020.  
 
This revocation is base d on the following grounds:  
1. …………………………………………………....  
2. …………………………………………………....  
3. ……………………………………………… …....  
4. …………………………………………………....  
 
This revocation will ta ke effect immediately.  The above –named officer will no 
longer be entitled to exercise the powers which were  conferred on him as authorised 
officer under the Food Act 2016 and Food Regulations 2016 and to do so would 
constitute an offence.  
The Officer will  also be required to return his Identification Card to t he Chief 
Executive Officer of the Ministry Responsib le for Food within 24 hours of this 
notice.  
 
Signed at ……… ………. on this ……  day of ………………….. 20 ……..  
 
 
……………………………………………………  
National Food Authority  Food Regulation s 202 1 SCHEDULE 35  
 
 
 
to  Page 111 
  
 
 SCHEDULE 35 
(Regulation 90(2))  
MINIMUM NUMBER OF PLANNED INSPECTIONS PER YEAR BASED ON 
RISK FACTORS  
License o r 
Permit Type  Food Hazard 
Risk  Tightened  Normal  Reduced  
Catering 
premises (all)  High  6 4 3 
Market places 
(stalls and 
approved 
temporary 
vendors ) Medium  4 3 2 
Approved 
mobile or small 
scale catering 
(eg BBQ)  Medium  4 3 2 
Bakery  Medium  4 3 2 
Butche r shop  Medium –high 5 3 2 
Abattoir  High  6 4 3 
Meat processing  High  6 4 3 
Fish or fisheries 
product 
processing  High  6 4 3 
Milk and milk 
product 
processing  High  6 4 3 
Poultry and 
poultry product 
process ing High  6 4 3 
Egg and egg 
product 
processing  High  6 4 3 SCHEDULE 35  Food Regulations 2021 
 
 
 
Page 112  to   
 
 Food processing 
(general)  Medium  4 3 2 
Food packing 
only Medium  4 3 2 
Food storage 
only (packaged 
shelf stable 
food)  Low 3 2 1 
Food storag e 
only (including 
perishables)  High  6 4 3 
Food 
distrib ution only 
(shelf stable)  Medium  4 3 2 
Food 
distrib ution only 
(perishables)  Medium –high 5 3 2 
Packaged water  Medium  4 3 2 
Packaged ice 
processo r Medium  4 3 2 
Retail only 
(shelf stable)  Low 3 2 1 
Retail only 
(including 
perishables)  Medium –high 5 3 2 
Retail and 
catering (eg 
retailer with fast 
food count er) High  6 4 3 
Importer  Medium  4 3 2 
Exporter  Medium  Intensified  As required by 
certificatio n Reduced  
Other (not 
specified 
elsewhere)  Variable  4 3 2 Food Regulation s 202 1 SCHEDULE 35  
 
 
 
to  Page 113 
  
 
 (1) The above table shows the number of planned in spections per year.  Where re –
inspections are requir ed, they will be in addition to the planned inspections outlined 
above.  
(2) Tightened inspecti on will be applied in the license year following any y ear where 
non–compliance is recorded in any of the annual  planned premises inspections.  If 
during a year of tightened inspections no further non –compliance is reported in any 
of the planned annual inspe ctions, then in the following year, the inspection pl an 
will return to normal inspection category.  
(3) Reduced  inspection  will be applied in the license year foll owing any year where no 
non–compliance is reported in any of the planned annual inspections.  If during a 
year of reduced inspection a con –complian ce is reported, then in the following year, 
the inspectio n plan will return to normal inspection category.  
 SCHEDULE 36  Food Regulations 2021 
 
 
 
Page 114  to   
 
 SCHEDULE 36 
(Regulation 73(3))  
PART A – PROCEDURE FOR TAKING SAMPLES OF FOOD FOR ANALYSIS  
(1)  The following procedure shall be followed by an auth orized officer when 
taking samples of food for purposes o f testing and/or analysis.  
(2) The authorized offic er shall – 
(a)  notify the owner, importer or any other person in apparent control of 
the food  to be sampled, before or as soon as practicable afte r obtaining 
the sample;  
(b)  take an adequate sample and divide it into four parts as follows – 
(i)  one part  for analysis;  
(ii)  one part to be kept by the sampling officer for future comparison;  
(iii)  one part to be kept by the person providing the samp le to use, if 
he or she wishes, for his or her own analys is; and  
(iv)  if the person providing the sample so requests, an additional part 
for the person to keep for future comparison;  
(c)  label or mark and seal or fasten the parts in whatever way the natu re of 
the sample will permit;  
(d)  complete and sign in t riplicate a sampling information sheet containing 
relevant information about the consignment or lot from which the 
sample has been taken;  
(e)  permit the person from whom the sample was obtained to p lace his or 
her name and signature or thumb impression on  the sampling 
information sheet and each part of the  sample, if the person so requires; 
and 
(f)  deliver the parts specified in sub –paragraphs (b) (iii) and (iv) together 
with a copy of the sampling i nformation sheet to the owner, the 
importer or the person  in apparent control of the food.  
(2)  An authorized  officer shall be deemed to have complied with the requirements 
specified in sub –regulation (1 )(f) despite the failure by the person to accept 
the part(s) of the sample and the copy of the sampling inform ation sheet 
required to be delivered to him.  
(3)  If in the opinion of the authorized officer a division of the sample into the 
parts required by sub–regulation (1)(b) – 
(a) affects or impairs the co mposition or quality of the sample for accurate 
analysis;  
(b) provides parts insufficient for analysis; or  Food Regulation s 202 1 SCHEDULE 36  
 
 
 
to  Page 115 
  
 
 (c) renders the sample in any other way unsuitable for analysis;  
the authorized officer must tak e such number of separate samples as he 
considers nec essary and must deal with the samples in a manner 
appropr iate in the circumstances having regard to the requi rements of 
this Schedule.  
(4)  The authorized officer shall demand payment of the prescribed f ee for 
analysis/testing of the sample and shall take no further action with respect to 
the sample until the ow ner, importer or person in apparent charge of the fo od 
provides a receipt evidencing payment of the said fee.  
(5)  Upon receipt of proof of paymen t of the prescribed fee, the authorized officer 
shall  dispatch one part of the sample by registered post, cour ier or such other 
effective means of conveyance as m ay be available to the official analyst or 
the official laboratory designated by the Minister under the Act as the case 
may be.  
(6)  The consignmen t from which the sample was taken shall not be released t o 
the owner, importer or person in apparent control thereof until a certificate of 
the official analyst or the head of the official laboratory has  been produced to 
the effect that the food complies w ith the requirements of the Act, these 
regulations and an y other applicable laws.  SCHEDULE 37  Food Regulations 2021 
 
 
 
Page 116  to   
 
 SCHEDULE 37 
(Regulation XX) 
 SAMPLING ACCORDIN G TO RISK AND SIZE LOT  
This sampling method is to be used where no specifi c sampling guidance is provided in the 
regulations – 
Lot Size (number of 
items)  Tightened  Normal  Reduced  
1–5 2 1 0/1 
6–20 3 2 0/1 
21–50 5 3 1 
51–100 6 4 2 
˃100 ˃1000  10 5 3 
˃1000  Sample requirements shall be 10 samples unless otherwise directed 
by th e Authority from time to time.  
 
(1) Tightened sampli ng is undertaken when any one of five successive lots pre viously 
sampled and analysed here have been found to be non –compliant.  Once five 
successive lots of a given food product from a given manufacture r are all compliant, 
sampling shall return to normal sampling  
(2) Reduced sampling  is undertaken when none of five successive lots sampled and 
analysed using no rmal sampling have been found to be non –compliant. If a sampled 
collected from a reduced sample plan is found to be non –compliant, the next time 
the product is sampled it shall be sampled using the tightene d sampling plan.  
 
 
 
 
 
 Food Regulation s 202 1 SCHEDULE 38  
 
 
 
to  Page 117 
  
 
 SCHEDULE 38 
(Regulatio n 73(4))  
LABEL FOR FOOD SAMPLE  
The following shall be the prescribed label for a food sample.  Notwi thstanding, the 
Authority may approve additional labe ls from time to time, which shall be published in the 
Tonga Government Gazette.  
Serial no.: …………………………  
Food Regulations 2016  
(Regulation 73(4))  
LABEL FOR FOOD SAMPLE  
Sample reference no.: 
…………………………  
Samp le of: …………………………  
Date: …………………………  
Date and time of c ollection: 
…………………………  Serial no.: …………………………  
Food Regulat ions 2016  
(Regulation 73(4))  
Sample reference no.: 
…………………………  
Sample of: …………………………  
Date: …………………………  
 
This sample has been obtained in 
accordance with the Food Regulations 
2016 for the purpose of ana lysis.  
By whom collected: …………………  
Designation: ……………………… … 
…………………………….…………  
…………………………….…………  
Address: … ……………..……………  
…………………………….…………  
……………………………….………  
Alleged contents of packages:  Serial No.: …………………………  
Food Regulations 2016  
(Regulation 73(4))  
(Office sta mp) 
Sample reference no.: 
…………………………  
Sample of: ……………………… … 
Date: …………………………  
This sample has been obtain ed in 
accordance with the Food Regulations 
2016 for the purpose of analysis.  
From whom obtained:  
Name: …………….…………………  
Designation: …………………………  
………………………… ….…………  Serial no.: …………………………  
Food Regulat ions 2016  
(Regulation 73(4))  
Sample reference no.: SCHEDULE 38  Food Regulations 2021 
 
 
 
Page 118  to   
 
 Address: ………………..……………  
…………………………….…………  
………………………… …….………  
This sample has been obtained in accord ance 
with the Food Regulations 2016 for the 
purpose of analysis.  …… ……………………  
Sample of: …………………………  
Date: …………………………  
 
This sam ple has been obtained in 
accordance with the F ood Regulations 
2016 for the purpose of analysis.  Food Regulation s 202 1 SCHEDULE 39  
 
 
 
to  Page 119 
  
 
 SCHEDULE 39 
(Regulation 73(5))  
REQUEST FOR ANALY SIS OF FOOD SAMPLE  
The following template shall be th e prescribed request form for analysis of a food sample 
or samples:  
 
REQUEST FOR ANALYSIS OF FOOD SAMPLE  
Office ref. no.:  ………………………..   
Date:  ………………………..   
The analyst:  ………………………..   
 ………………………..   
 ……… ………………..   
I ……………………………………. (name of authorised offi cer) am sending herewith 
…………………………* sample(s)  
        Personally; or  
        Through ………………………….…………………… .……………. /or by registered mail for your 
analysis and report.*  
This sample is contained in a se aled bottle / package / container and labelled as fol lows:  
Sample reference:  Type food / appliance*  Date samp le taken  
1. ………………………..  ………………………..  ………………………..  
2. ………………………..  ………………………..  ………………………..  
3. ………………………..  ………………………..  ………………………..  
The type of anal ysis required is as follows:  
1. ………………………..  …………………… ….. ………………………..  
2. ………………………..  ………………………..  ………………………..  
3. ………………………..  ………………………..  ………………………..  
   
  …………… …………..  
  ………………………..  
  ………………………..  
  Name and designation of SCHEDULE 39  Food Regulations 2021 
 
 
 
Page 120  to   
 
 Authorised officer:  
Note: this  sample has been taken in accordance with the procedu res laid down by the Food Safety Regulations 
2016.  
*Dele te one option where not applicable  
 Food Regulation s 202 1 SCHEDULE 40  
 
 
 
to  Page 121 
  
 
 SCHEDULE 40 
(Regul ation 73(9))  
ANALYST CERTIFICATE*  
LABORATORY NO.: ……………..  
 
To: ……………………………….  
 ……………………………… . 
 ……………………………….  
 
I, the undersigned, an analyst appo inted under the …………………………. Act (name of 
Food legislation ) of …………………………………………….. (country) do hereby 
certify tha t on the ………………. day of ………………………………, 20……….:  
(Tick one box below):  
there was handed to m e by ………………………………..; or  
I had received by registered  mail from …………………………….. a sample / 
samples of ………………………… …………….. with Sample reference no. 
…………………………… for analys is in a …………………………………….  
labelled/marked …………………………………... 
…………………………………………………………………………………… …
…………………..…………………………………………………………………
………………………………………..  
and scaled …......... 
…………………………………………………………………………………….. 
and that I have analysed the same before any changes had  taken place in the 
constitution of the food that would interfere with the analysis.   
 
The result of my analysis is as follows:  
…………………………………… …………………………………………………
………………………………………………………………………………………
…………… …………………………………………………………………………
………………………………………………………………………… ……………
………………………………………………………………………….  
 
As witness by hand, this ………………. hour of ……………….. (dat e), 20…..  
 
……………………………………….  SCHEDULE 40  Food Regulations 2021 
 
 
 
Page 122  to   
 
 ……………………………………….  
…………………… ………………….  
Name and designation of analyst  
 
*This template shall be the prescribed analyst certificate for the anal ysis of a food sample 
or samples.  Notwithstanding, the Authority may from time to time ac cept variations on 
this form from overseas based anal ysts, provided that the information below can be 
ascertai ned. 
 
 Food Regulation s 202 1 SCHEDULE 41  
 
 
 
to  Page 123 
  
 
 SCHEDULE 41 
(Regulation  xx) 
SPOT FINES 
Type  Spot f ine 
 Businesses  
Transferring a licence to operate a 
food business to another  person 
without the approval of the 
Authority  2,000  
Cultivatin g, producing, harvesting 
or taking of food from a speci fied 
area during the pendency of an 
order to the contrary  2,000  
Failure to conduct a recall in 
accordance with the terms of a 
recall or der  2,000 
Failure to comply with an 
emergency order issued by the 
Authority  2,000  
Exporting food articles without t he 
required certificate of the Authority  2,000  
Failure to provide the Authority 
with the required documentation on 
intended food imports  prior to  the 
arrival of the consignment in the 
Kingdom  1,000  
Importing food for re –labelling or 
reconditioning witho ut obtaining a 
permit from the Authority in 
advance  1,000  
Failure to produce imported food 
for inspection, sampling and/or 
analysis  1,000 
Sale, display or offer for sale of 
pre–packaged food not la belled in 1,000  SCHEDULE 41  Food Regulations 2021 
 
 
 
Page 124  to   
 
 accordance with the provisions of 
these regul ations  
Sale, display or offer for sale of 
food beyond the expiry date   500 
Failure of a label to indicate the 
presence in food of ingred ients 
known to cause hypersensitivity  500 
Sale, displ ay or offer for sale of 
non–packaged food without the 
required label or information tag  500 
Use of any premises as a food 
business without the required 
sanitary facilities  500 
Failure of a food busi ness to require 
its employees engaged in the 
handling o f food to undergo 
mandatory medical examinations  500 
Handling of food in an unsafe or 
unhygienic manner  500 
Individuals  
  
 
 
 
 
 
 Food Regulation s 202 1 SCHEDULE 42  
 
 
 
to  Page 125 
  
 
 SCHEDULE 42  
(Regulation xx) 
APPLICATION FOR REGISTRATION OF A FOO D BUSINESS  
 
Application No.:  ………… … 
To – The National F ood Authority  
I, ………………. (name of applicant) being the owner/operator/person in charge* of 
……………….… (name of firm or company, or description of food business or activity) 
hereby apply on my own behalf (or on behalf of the Company named  herein) for a –  
Registration of the food business / activity  
under the Foo d Regulations 2021.  
I wish to provide the following information in relation to my business:  
(a) Name of owner, operator or person in charge: …………  
(b) Nature of food business to be engaged  in: …………  
(c) Full names of partners and/or directors: …………  
(d) Location address of premises intended for use in the food business: …………  
(e) General business postal address: …………  
(f) Name and address of owner of premises: …………  
(g) Name and ad dresses of all persons who handle food within the 
busin ess:………  
 
Undertaking 
I understand that the Food Act 202 0 provides penalties for persons who provide false 
information.  I certify that the information supplied in this application is a true, correct an d 
complete statement. I understand that I  am required t o report immediately to the Authority 
any changes to th e information given on this form and further understand that failure to do 
so may render me liable to prosecution.  
 
……………………………………  
Name and signat ure of Applicant  
 
…………………………………  
Date o f Application  SCHEDULE 42  Food Regulations 2021 
 
 
 
Page 126  to   
 
  Food Regulation s 202 1 EXPLANATORY NOTES  
 
 
 
to  Page 127 
  
 
 EXPLANATORY NOTES  
(These notes do not form part of the B ill, but is intended to explain its scope and purpose)  
 
1.1 The primary purpose for the Food Regulations is to ....  
 
1.2 The Bill was devel oped..... 
 
1.3 The Food Regulations  seek to establish the following –  
1.4 The main Parts a nd provisions of the Food Regulations  2021  are outlined below:  
 
 
  
Explanatory Note  
 
Preliminary  Part I sets out p reliminary provisions in the Food Regulations . 
 
 
 
 
 
 
Hon. xx  
Ministe r responsible for Food