Government Notice No. …..

of 2023

THE FOOD ACT 2022

Regulations made by the Minister under section 24 of the Food Act 2022

1. Short title

These regulations may be cited as the Food Regulations 2023.

2. Interpretation

In these regulations –

“accredited body” has the same meaning as in the Mauritius Accreditation Service
Act;

"Act" means the Food Act 2022;

“alcohol” means a product obtained by distilling a fermented liquid;

“alcoholic beverage” means a beverage having an alcoholic strength exceeding 0.5

per cent of alcohol;

“best-before date”, in respect of a food for sale, means the date up to which the food
for sale shall remain fully marketable and acceptable for consumption so long as it
retains any specific qualities for which express or implied claims have been made,
provided the food for sale –

(a) remains in an intact package during its storage; and

(b) is stored in accordance with such storage conditions as the manufacturer may
specify;

“canned food” means commercially sterile food in hermetically sealed containers;

“claim” means any representation which states, suggests or implies that a food has
particular qualities relating to its origin, nutritional properties, nature, processing,
composition or any other quality;

“Codex Alimentarius” refers to a collection of standards, guidelines, codes of practice

and other recommendations relating to food, food production and food safety,
published by the Codex Alimentarius Commission, an intergovernmental body of the
Food and Agriculture Organisation of the United Nations and the World Health
Organisation;

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“deterioration”, in relation to food, means the deterioration due to the action of
bacteria, yeast, mould, natural food enzyme, temperature, insect, parasite, rodent,
moisture, dryness, oxygen or light;
“dairy animal” means cows, goats and sheep and such other species kept for the
purposes of milking;

“date” means –
(a) the day and month to be declared, and where necessary the year, for products
with a shelf life of not more than 3 months; and

(b) at least the month and year to be declared, for products with a shelf life of
more than 3 months;

“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 container in
which it will be ultimately sold;

"Director-General" has the same meaning as in the Mauritius Revenue Authority Act;

"effective date", in relation to an application, means the date by which all required
documents, information or samples are submitted;

“expiry date” has the same meaning as use-by date;

“flavouring substance” means a chemically-defined substance, either formed by

chemical synthesis, or obtained from materials of plant or animal origin which, when
added to food, is capable of imparting a specific and distinctive taste or odour to the
food;

“food additive” –

(a) means any substance not normally consumed as a food by itself and not
normally used as a typical ingredient of the food, whether or not it has nutritive
value, the intentional addition of which to food for a technological, including
organoleptic purpose in the manufacture, processing, preparation, treatment,
packing, packaging, transport or holding of such food, results, or may be
reasonably expected to result, directly or indirectly, in it or its by-products
becoming a component of or otherwise affecting the characteristics of such
food; but

(b) does not include “contaminants” or substances added to food for maintaining
or improving nutritional qualities;

“food produced using gene technology” means a food which has been derived or
developed from an organism which has been modified by gene technology;

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“FSMS” (food safety management system) means a food safety management system
which identifies, evaluates and controls hazards which are significant for food safety;

“gene technology” means recombinant DNA techniques that alter the heritable
genetic material of living cells or organisms;

"guidelines" means guidelines issued by the Ministry under regulation 3;

“IAF” means the International Accreditation Forum – a worldwide association of

accreditation bodies and other bodies interested in conformity assessment in the
fields of management systems, products, processes, services, personnel, validation
and verification and other similar programmes of conformity assessment, with the
primary function of developing a single worldwide program of conformity
assessment which reduces risk for businesses and their customers by assuring them
that accredited certificates and validation and verification statements may be relied
upon;

“ILAC” means the International Laboratory Accreditation Cooperation – a worldwide

mutual recognition arrangement (the ILAC MRA) among accreditation bodies that are
signatories to the ILAC Mutual Recognition Arrangement (ILAC MRA) for assessing
and accreditation of conformity assessment bodies according to the relevant
international standards and international recognition of results, in order that the data
and test results issued by laboratories, inspection bodies, proficiency testing
providers and reference material producers, accredited by ILAC Accreditation Bodies
members, are accepted globally in view of facilitating trade;

“Industrial trans fatty acids” means all the geometrical isomers of monounsaturated
and polyunsaturated fatty acids having non-conjugated, interrupted by at least one
methylene group, carbon-carbon double bonds in the trans configuration, but
excludes trans-fatty acids from dairy, meat, fish and their products.

“ingredient” means any substance, including a food additive, used in the

manufacture or preparation of a food and present in the final product although
possibly in a modified form;

“irradiation”, in relation to food, means subjecting the food to ionising radiation,

other than ionising radiation imparted to food by measuring or inspection
instruments, and irradiate and irradiated have corresponding meanings;

“label” includes any brand, mark, pictorial or other descriptive matter, printed,
stencilled, marked, embossed or impressed on a container of food or otherwise
visible through a transparent container;

“labelling” includes any printed or graphic matter that is present on the label;

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“lot” means a definitive quantity of a food commodity produced essentially under the
same conditions;

“potable water” means water that is acceptable for human consumption;

“p.p.b” means part per billion calculated by weight;

“p.p.m" means part per million calculated by weight;

“pre-packed food” means food, including cooked and uncooked, which has been
packed in a container before being sold or offered for sale but does not include food
in –

(a) bulk cargo containers;

(b) pallet overwraps;

(c) crates;

(d) craft and vehicles;

“processing aid” means a substance or material, not including apparatus or utensils,

and not consumed as a food ingredient by itself, intentionally used in the processing
of foods, to fulfil a certain technological purpose during treatment or processing and
which may result in the non-intentional but unavoidable presence of residues or
derivatives in the final product;

“public conveniences” are toilet in a public place for everyone to use;

“ready to eat food” –

(a) means food that is ordinarily consumed in the same state as that in which it is
sold; but

(b) does not include nuts in the shell and whole, raw fruits and vegetables that are
intended for hulling, peeling or washing by the consumer;

“shelf life” means the period of time from the date of manufacture of a food to –

(a) its best-before date; or

(b) its use-by date;

"TradeNet” has the same meaning as in the Customs Act;

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 “use-by date”, in respect of a food for sale, means the date after which it is estimated
that the food for sale shall not be consumed for health or safety reasons, provided the
food for sale –

(a) remains in an intact package during its storage; and

(b) is stored in accordance with such storage conditions as the manufacturer may
specify.

3. Guidelines

The Ministry may issue guidelines –

(a) setting out the requirements for, the applicable law relating to, and the
procedures and conditions for, an application for a permit, an authorisation or a
clearance for any food imported or exported under the Act;

(b) which shall be available for consultation on the website of the Ministry.

PART I – FOOD COMPOSITION AND LABELLING

4. Labelling requirements of pre-packed food

(1) No person shall import, manufacture, process, pack, store, offer for sale or sell
any pre-packed food unless there is on the package a label conspicuously showing the
following particulars in English or French
language –

(a) the name of the food, which shall reflect the true nature of the food
contained therein. The label shall specify whether any substance is
added or abstracted from the food;

(b) where the food contains edible fat of animal origin, the name of the
edible fat and the common name of the animal from which such fat is
derived;

(c) the list of the ingredients present in the food in descending order of mass
or percentage, other than for single ingredient food and alcoholic
products containing more than 10 per cent of alcohol by volume;

(d) the country of origin;

(e) the name and address of the manufacturer or importer or packer or

distributor;

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(f) in the case of mixed or blended food, words which indicate that the
contents are mixed or blended, and such words shall be conjoined with
the name of the food;

(g) where the food contains more than 0.5 per cent of alcohol, a statement as
to the presence in that food of such alcohol;

(h) where the food contains food additive, the type of the food additive, and
the common name, chemical name or International Numbering System;

(i) where the food contains flavouring substance, a statement whether the
flavouring substance is natural or artificial;

(j) any special storage conditions or instructions for use;

(k) the best-before date or use-by date shall be permanently printed on the
package or on the label which shows other particulars or embossed on
the container, other than for food products listed in the First Schedule;

(l) the date of manufacture or the lot identification, which shall be printed on
the label or embossed on the container;

(m) the designation “treated with ionising radiation”, if the food has been so
treated;

(n) the designation that the food has been obtained following a genetic
modification or contains an ingredient that is genetically modified;

(o) either the net weight or volume of the food;

(p) where the food contains beef or pork, or its derivatives, a statement that
the food contains beef or pork, or its derivatives, as the case may be;

(q) where the food contains edible gelatin, a statement that the food contains
gelatin, and the common name of the animal from which the gelatin is
obtained;

(r) where it is specified that a food contains any vitamin or mineral or amino
acid, a statement setting out, in respect of –

(i) vitamin, the quantity of each vitamin in International Units or

milligrammes or in parts per cent;

(ii) mineral, the quantity of each mineral in milligrammes or in parts

per cent; or

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 (iii) amino acid, the quantity of each amino acid in milligrammes,
present in a stated quantity of food;

(s) where the label attached to a food contains an expression or a vignette or

a picture indicating or implying the nature of the food, it shall be a true
indication of the food contained in the package;

(t) where the food contains any of the following food as ingredient likely to
cause hypersensitivity –

(i) cereals containing gluten i.e. wheat, rye, barley, oats, spelt or their
hybridised strains and products of these;

(ii) crustacea and products of these;

(iii) eggs and egg products;

(iv) fish and fish products;

(v) peanuts, soybeans and products of these;

(vi) milk and milk products (lactose included);

(vii) tree nuts and nut products; and

(viii) sulphite in concentrations of 10 milligrammes per kilogramme or

more,

a statement as to their presence in that food.

(u) where the food contains any of the following nutritional components, a
statement setting out the amount of each component per 100 grammes
or 100 millilitres and the percentage of daily intake –

(i) energy, expressed in kilojoules or kilocalorie;

(ii) protein;

(iii) fat;

(iv) saturated fatty acid;

(v) carbohydrate;

(vi) sodium;

(vii) sugars;

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 (viii) dietary fibre; and

(ix) trans fat.

(2) The particulars referred to in paragraph (1) shall be shown in any official
language of any country provided that, in such a case, an additional label bearing a
translation of the particulars, in either English or French language, is affixed on the package
under the supervision of an authorised officer.

(3) No additional label referred to in paragraph (2) shall be valid unless the
supervising officer is satisfied that the translation has been done by such person as he
considers as having the necessary competence to do so.

(4) (a) The supervising officer may, upon application by an importer or

manufacturer and subject to submission of relevant certificates and documents thereof,
grant authorisation for the reconditioning of the label of a pre-packed food by affixing an
additional label on the package, for the following particulars when they are missing on the
label –

(i) the country of origin;

(ii) the name and address of the manufacturer or importer or packer or

distributor;

(iii) the type of the food additive, and the common name, chemical
name or International Numbering System;

(iv) the flavouring substance, whether natural or artificial;

(v) any special storage conditions or instructions for use;

(vi) the net weight or volume of the food;

(vii) the quantity of each vitamin in International Units or milligrammes

or in parts per cent;

(viii) the quantity of each mineral in milligrammes or in parts per cent;

and

(ix) the quantity of each amino acid in milligrammes, present in a

stated quantity of food.

(b) The label referred to in subparagraph (a) shall be affixed before the food
is put on sale.
5. Required wording for date marking on labels

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 (1) The best-before date, expiry date or use-by date shall be expressed in this
regulation.

(2) The best-before date shall be expressed as “Best Before” or “BB”, followed by
the date.

(3) The expiry date or use-by date shall be expressed as “Expiry Date” or “Exp”,
“Use By” or “UB”, as the case may be, followed by the date.

6. Food for which no standard is prescribed

Where no standard has been expressly prescribed in these regulations in relation to a

particular food, the label on the package of that food shall not describe or present that food
in a manner, by a name or with a pictorial suggesting a comparison with another food for
which a standard has been prescribed in these regulations.

7. Food with decreased sodium content

No person shall import, manufacture, process, pack, store, offer for sale or sell any
food whose sodium content has been decreased or eliminated, unless the label on the
package of the food bears the appropriate terminology for the following quantitative
standards in respect of element of sodium –

1. Sodium free not more than 5 milligrammes per 100

grammes

2. Very low sodium not more than 40 milligrammes per 100

grammes

3. Low sodium not more than 120 milligrammes per 100

grammes

4. Reduced sodium a minimum of 25 per cent less sodium than a

similar product

5. Lightly salted a minimum of 50 per cent less sodium than a

similar product

6. No salt added No sodium chloride added, no salt

compounds or salt substitutes

8. Low calorie food

(1) No person shall import, manufacture, process, pack, store, offer for sale or sell
any food labelled as –

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 (a) “LOW CALORIE”, unless the food contains not more than 40 calories per
100 grammes of food;

(b) “REDUCED CALORIE”, unless the calorie content of the food is at least 25
per cent lower in calories than the calorie content of the food to which it
is compared;

(c) “DIET” or “DIETETIC PRODUCT”, unless the product complies with the
standards specified in paragraph (2);

(d) “CALORIE FREE”, unless the food provides less than 10 calories per 100
grammes of food.

(2) The label “DIET” or “DIETETIC PRODUCT” shall –

(a) comply with the requirements for “CALORIE FREE”, “LOW CALORIE” or
“REDUCED CALORIE” food;

(b) be clearly described as being useful for special dietary

purposes; and

(c) not make any claim to the effect that the food is guaranteed to maintain
or reduce body weight.

(3) The label “LIGHT in Energy” or “LITE” shall comply with the requirements for
“REDUCED CALORIE” food and shall comply with the conditions specified in paragraph
(1)(b).

9. Substitution of trade mark for name of food

No person shall substitute the name of a food by a trade mark, brand name or fancy
name.

10. Sale of pre-packed food, prior to and after best-before date and use-by date

(1) No person shall –

(a) import, expose for sale or sell any pre-packed food whose best-before
date or use-by date has –

(i) lapsed; or

(ii) been altered, obliterated, removed or forged;

(b) alter, obliterate, remove or forge any label of any pre-packed food;

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 (c) import, manufacture, process, pack, store, offer for sale or sell any pre-
packed food with false labelling.

(2) (a) Notwithstanding regulation 10(1)(a)(i), every pre-packed food shall be

sold not later than 14 days after the best-before date has lapsed, provided that the food –

(i) remains in an intact package during its storage or until its sale; and

(ii) is stored in accordance with such storage conditions as the

manufacturer may specify.

(b) No pre-packed food whose best-before date has lapsed shall be displayed
for sale, other than in an area dedicated for that purpose.

11. Storage of food no longer complying

(1) Where a food no longer complies with the Act or any regulations made
thereunder, the food business operator shall store the food in a segregated and clearly
marked space, and destroy it as soon as reasonably practicable.

(2) (a) The food business operator shall, in respect of any food referred to in
paragraph (1), record the name of the food and its particulars in a register.

(b) The register referred to in subparagraph (a) shall, upon request, be

available for inspection by an authorised officer.

12. False claims on labels

No person shall make any false, misleading or deceptive claim on the label of a
package of food, and any package of food so found shall, after certification by the
Government Analyst, be seized and destroyed by an authorised officer or be otherwise
disposed of as the supervising officer may determine.

13. Packaging on retail premises

Any package of food that –

(a) is offered, exposed or kept for retail sale; and

(b) a customer may personally select,

shall be sealed and labelled.

14. Exemption from regulation 4

Regulation 4 shall not apply to any –

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 (a) package of food if the food is of the nature, quality, quantity, origin, or brand
requested by the purchaser and weighed, counted or measured in the presence
of the purchaser; or

(b) perishable cooked food ready for human consumption, which is packaged on
retail premises in accordance with such quantity as the customer may specify.

15. Exemption for small units of food packages

(1) Any food package –

(a) other than a package of spices and herbs;

(b) the size of which does not exceed 10 square centimeters,

may be exempted from labelling.

(2) Every food package that contains packages of food referred to in paragraph
(1)(b), that is offered, exposed for sale or kept for wholesale, shall be labelled.

16. Description of labelling

The label of every pre-packed food shall contain such information as may be required
under these regulations and in such manner as may be specified in the guidelines.

17. Special labelling requirements

This part does not exclude the inclusion of such specific labelling as the nature of the
pre-packed food requires.

PART II – PACKAGES FOR FOOD

18. Use of harmful packages prohibited

No person shall import, manufacture, advertise for sale, sell, or use, or cause to be
used in the preparation, packaging, storage, delivery or exposure of food for sale, any
package, contact material or container that discharges, or may discharge, any toxic,
injurious or tainting substance to its contents.

19. Use of polyvinyl chloride packages

No person shall import, manufacture, advertise for sale, sell, or use, or cause to be
used in the preparation, packaging, storage, delivery or exposure of food for sale, any
package, contact material or container made of polyvinyl chloride that contains more than
one milligramme per kilogramme of vinyl chloride monomer.

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20. Reuse of packages prohibited

No person shall use or cause to be used in the preparation, packaging, storage,

delivery or exposure for sale of food, any container or plastic or glass bottle that has been
used for any other purpose.

21. Toy or object not to be placed in food package

(1) Notwithstanding paragraphs (2), (3) and (4), no person shall import,
manufacture, pack, supply, store or sell any food or pre-packed food together with any toy
or object other than food, unless such toy or object is packed in a separate compartment of
said package.

(2) Paragraph (1) shall not apply to any object that is used for the purpose of
measuring the recommended quantity of food to be consumed or for serving the food.

(3) The object referred in paragraph (2) shall be sterile and where the object is
made of plastic, it shall be of food grade plastic.

(4) Notwithstanding paragraph (1), nothing shall prohibit the placing in food or in
the package of such food any sachet for the purpose of absorbing or releasing of gas in such
a way that the sachet will not contaminate, taint or migrate into the food.

PART III – PRE-MARKET APPROVAL PERMIT

22. Selling food not of nature requested

No person shall sell to the prejudice of a purchaser any food which is not of such
nature or substance or quality as the purchaser may request.

23. Provision as to false and misleading advertisement

No person shall publish or shall be party to the publication of any advertisement

which falsely describes any food or which is likely to mislead as to the safety, nutritional
quality or nature of the food.

24. Application for pre-market approval of food

(1) No person shall import, manufacture or sell any food or pre-packed food
intended to be used for the preparation of any food, specified in the Second Schedule,
unless he has obtained a pre-market approval permit issued by the supervising officer.

(2) Every application for a pre-market approval permit under paragraph (1) shall –

(a) through the TradeNet or in such other manner as the supervising officer
may determine, be made in the form set out in the Third Schedule;

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 (b) be accompanied by –

(i) the original certificate of analysis or examination –

(A) from an accredited laboratory from the country exporting

the product; or

(B) from an accredited laboratory recognised by the

International Laboratory Accreditation Cooperation (ILAC) or
the International Accreditation Forum (IAF); or

(C) from a competent Government approved laboratory in

Mauritius,

as the case may be, certifying the chemical composition and

microbiological safety of the product; and

(ii) such other documents as may be specified in the guidelines;

(c) be subject to the payment of the appropriate fee specified in Part I of the
Fourth Schedule and to any other condition specified in the guidelines;
and

(d) be subject to submission of such sample for verification, analysis or

examination, as the supervising officer may require.

(3) Subject to paragraph (4), the supervising officer shall, on receipt of the
application, process the application and may grant or refuse to grant the pre-market
approval permit not later than 2 working days after the effective date of receipt of the
application.

(4) Where verification, analysis or examination of the sample is required, the

supervising officer shall grant or refuse to grant the pre-market approval permit not later
than 2 working days –

(a) after the sample is verified, analysed or examined; or

(b) after the date of receipt of the report of the analysis or examination.

(5) (a) Any fee payable under this regulation may be paid to the Director-
General through the TradeNet or in such other manner as the Director-General may
determine.

(b) The Director-General shall, not later than 15 working days after the end of
every month, remit the fees collected to the Ministry.

25. Criteria for granting a pre-market approval permit

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 (1) The supervising officer may, for the purpose of determining an application for a
pre-market approval permit, consider, whether the food, pre-packed food, container or
contact material–

(a) complies with the provisions of the Act and these regulations;

(b) is restricted for sale in Mauritius;

(c) is misbranded;

(d) is properly labelled; or

(e) may be hazardous to public health.

(2) The supervising officer may grant a pre-market approval permit on such
conditions as he may determine.

26. Fees for analysis by Government Analyst and examination by Food Microbiologist

Where a person, other than an authorised officer under the Act, furnishes a sample for
analysis or examination, he shall pay the appropriate laboratory fee as specified in the Fifth
Schedule.

27. Revocation of pre-market approval permit

The supervising officer may revoke any pre-market approval permit if he is satisfied
that the holder of the permit has failed to comply with any condition specified in the permit.

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 PART IV – EXAMINATION AND SAMPLING OF FOOD

28. Clearance of food by Customs

(1) Any person who imports any food or pre-packed food requiring a clearance
shall apply for such clearance from the supervising officer.

(2) An application for a clearance shall –

(a) be made through the TradeNet or in such other manner as the

supervising officer may determine, and in such form as the supervising
officer may approve;

(b) be accompanied by such other documents as may be specified in the

guidelines;

(c) be accompanied by the appropriate fee specified in Part II of the Fourth

Schedule and subject to the conditions specified in the guidelines.

(3) Subject to paragraph (4), the supervising officer may, not later than 2 working
days after the receipt of the application, grant or refuse the application and inform the
applicant accordingly.

(4) (a) Where the goods are required to be verified, analysed or examined, the
supervising officer may, not later than 2 days after the goods are verified, analysed or
examined, as the case may be, grant or refuse the application and inform the applicant
accordingly.

(b) The clearance shall be granted on payment of such fee as may be

imposed for the purpose of verification, analysis or examination.

(c) For the purpose of paragraph (a), the supervising officer shall analyse or
examine the food or pre-packed food or sample thereof in accordance with regulations 30,
31, 32 and 34, as applicable, and section 25B(3) of the Customs Act.

(d) Where the goods are verified, the clearance shall be granted on payment
of the fee specified in Part II of the Fourth Schedule.

(5) For the purposes of paragraphs (3) and (4), the authorised officer shall notify his
decision, to grant or refuse to grant the clearance, to the Director-General and the importer
through the TradeNet or in such other manner as the supervising officer may determine.

(6) Subject to paragraph (5), the Director-General shall release or clear the goods
imported in accordance with section 25B of the Customs Act.

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 (7) (a) Any fee, penalty or surcharge payable under this regulation may be paid
to the Director-General through the TradeNet or in such other manner as the Director-
General may determine.

(b) The Director-General shall, not later than 15 working days after the end of
every month, remit the fees collected to the Ministry.

(8) Notwithstanding paragraph (4), the supervising officer may, after verification of
the certificates and relevant documents, and being satisfied thereof, grant the clearance to
the Director-General without examination of the consignment.

29. Production of original certificate

Every importer or manufacturer shall keep in his possession the original certificates
referred to in regulations 24(2)(b) and 28(2)(b) for a period of at least one year and shall
produce the certificates to an authorised officer upon request.

30. Examination of whole consignment

(1) Where the authorised officer is of the opinion that a whole consignment needs
to be verified, the Director-General shall, upon the request of the authorised officer, release
the whole consignment for that purpose.

(2) Where the whole consignment is released under paragraph (1), it shall, before
its release, be sealed by the authorised officer.

(3) The importer shall, at his own cost, cause the whole consignment to be
transported to such place as the authorised officer may determine.

(4) For the purpose of this regulation, the authorised officer shall, during office
hours, have access to the consignment.

(5) Where the authorised officer is of the opinion that the food is safe for human
consumption, he may, in writing, authorise the importer to distribute the consigned food.

(6) Where the authorised officer has reason to believe that the food is unsafe for
human consumption, he shall, in accordance with section 8(1)(d) of the Act, seize that
consignment.

(7) The supervising officer may, at the cost of the importer, direct the importer to
re-export the consignment at his own cost.

31. Sampling of imported food

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 (1) Notwithstanding that a consignment of food is in the custody of the Director-
General, an authorised officer may, in accordance with regulation 32 or 34, take a sample for
the purpose of analysis or examination under section 10 of the Act.

(2) An authorised officer shall, when sampling imported food for analysis or
examination, deliver to the importer or his agent a certificate as set out in the Sixth
Schedule.

(3) An authorised officer may seal any consignment of any imported food, a
sample of which has been taken under paragraph (1), until receipt of the certificate of
analysis or examination, as the case may be.

(4) Where a sample taken under this regulation has been analysed or examined,
the authorised officer shall forthwith report back to the Director-General of the Mauritius
Revenue Authority in the form set out in the Seventh Schedule.

32. Procedures where sample is taken for analysis and physical examination

(1) An authorised officer who has procured a sample under section 10 of the Act
and who considers that it should be analysed or examined physically shall, subject to
paragraph (3), cause the sample to be divided into 3 parts.

(2) The authorised officer shall –

(a) in the presence of the person from whom he takes the sample, mark, seal
and label each part or where it is not practicable to do so, fasten up each
part in such manner as may be practicable;

(b) give one part to the person from whom he takes the sample and inform
the seller, importer, or manufacturer accordingly;

(c) give notice to the person that the sample will be analysed, in the form
specified in the Sixth Schedule or the Eighth Schedule, as the case may
be;

(d) forthwith submit one part to the Government Analyst for analysis or
physical examination; and

(e) secure one part and store under such condition as may be appropriate.

(3) Where an authorised officer is of the opinion that the division of the sample into
parts is not reasonably practicable or is likely to impede a proper analysis, the officer shall
give notice in the form specified in the Sixth Schedule or the Eighth Schedule, as the case
may be, to the person that the undivided sample will be submitted for analysis or physical
examination.

33. Submission of retained part of sample in case of contention

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 Where a part of the sample is retained under regulation 32(2)(e) and actions are
initiated, or intended to be initiated, in Court against a person for an offence in connection
with that sample, the Court may order that that part be retained by the authorised officer
and analysed by such laboratory as the Court may designate.

34. Sampling of food for microbiological examination

Where a sample of food is required for microbiological examination, the authorised

officer shall, in accordance with section 10 of the Act –

(a) take only one sample and shall not divide such sample into different parts;

(b) mark and seal, or where it is not practicable to do so, fasten up the sample in
such manner as may be practicable;

(c) give notice to the person, in the form specified in the Sixth or Eighth Schedule,
as the case may be, that the sample will be examined microbiologically;

(d) forthwith submit the sample to the Food Microbiologist; and

(e) where the food is produced locally, inform the local manufacturer, in writing, of
his intention to have the food sample examined microbiologically.

PART V – FOOD HYGIENE

35. Building and facilities

The food business operator shall ensure that the food premises shall be in accordance
with the specifications set out in the Ninth Schedule.

36. Food not to be exposed to contamination

(1) No person or food business operator shall –

(a) expose, or cause to be exposed, to contamination any food by direct or

indirect contact;

(b) store or use any food which is unsafe.

(2) A food business operator shall ensure that –

(a) food is produced or processed and packaged in such manner and within
such lapse of time as to avoid contamination and deterioration;

19
 (b) chopping boards and food preparation surfaces are cleaned and
disinfected on a daily basis or after such regular interval as may be
necessary, whichever the earlier;

(c) light bulbs or fixtures suspended over food or food processing areas are
properly secured and protected to prevent contamination of food in case
of breakage;

(d) flies or other insects, birds, rodents, pests and domestic animals and pets
do not enter into the premises where food is produced or processed and
packaged.

37. Equipment not to constitute hazard to health

Every food business operator shall ensure that any equipment, fitting or container
used in the preparation, production or packaging of food are so constructed and maintained
as not to constitute a hazard to human health.

38. Containers not to be reused

No food business operator shall –

(a) reuse single service containers, cutlery or other article intended to be used in
the making, preparing, keeping, selling or supplying of any food;

(b) reuse containers unless they are of such material and construction as will
permit easy and thorough cleaning and, unless such containers are maintained
clean and disinfected, where necessary.

39. Cleanliness

Every food business operator shall ensure that –

(a) the premises where food is produced, processed or packaged are kept clean
and disinfected on such regular basis as may be necessary;

(b) bags, containers, crates or boxes are kept on racks at least 300 millimetres
above floor level or where forklifts or other mechanical lifting devices are used,
on pallets;

(c) no food is kept on ground or floor level.

40. Prohibition of food preparation in certain places

(1) No person or food business operator shall sell, serve, manufacture, produce,
prepare, cook, pack, store, handle, or keep any food for sale for human consumption –

20
 (a) in any room or place which is in direct communication with any sleeping
room, bathroom, or toilet; or

(b) in any place in which an animal is kept.

(2) No person or food business operator shall use any food premises as a sleeping
room or for keeping animals.

41. Provision as to wrapping of food

No person or food business operator shall sell any food ready for immediate human
consumption to any purchaser, unless –

(a) the food is packed, wrapped or covered so as to protect it from flies, dust and
contamination;

(b) the food is wrapped with such wrapping paper –

(i) as may be appropriate;

(ii) which contains no printing or writing except for the label;

(c) the food is placed in such container as may be appropriate.

42. Prohibition of unhygienic practices in food vending

No person shall –

(a) blow with his breath into any paper bag or container; or

(b) wet his fingers by means of his saliva, to enable the handling of any paper bag,
wrapping paper or container,

of food for sale for human consumption.

43. Food not to be introduced in non-food containers

No person or food business operator shall use any bag, sack, or other receptacle
which has, at any time, contained fertilizers, pesticides or any contaminating matter, for the
purpose of storing or holding or carrying any food intended for sale for human
consumption.

44. Returnable food containers

No person or food business operator shall put any disinfectant, poisonous or odorous
material, or any contaminating matter in a returnable food container.

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45. Original food containers not to be used for other purposes

No person or food business operator shall use any container on which the name of
any food for sale for human consumption is marked or embossed for the purpose of putting
therein any food other than the food the name of which is so marked or embossed, as the
case may be.

46. Hygiene of crockery and other utensils

Every food business operator of any premises where food which are ready for
immediate consumption are sold, shall ensure that any plate, glass, spoon, fork, knife or
other cutlery that is used to prepare or serve food is –

(a) thoroughly cleansed with hot water, as soon as practicable after use, and are
kept clean until again required for use;

(b) not chipped, cracked, broken, or rusty, or in such a condition so as to impair or

prevent it from being readily and thoroughly cleansed.

47. Drinking straws

The food business operator of any premises where beverages are sold shall –

(a) provide and maintain in clean order a container for drinking straws;

(b) not reuse drinking straws.

48. Food Handler's Certificate

(1) Every person who is engaged in the sale, preparation, manufacture, serving,
packing, cooking, carriage, handling or delivery of any food for sale for human consumption
shall, at all times, have in his possession a valid Food Handler's Certificate.

(2) A Food Handler's Certificate shall –

(a) be in such form as set out in the Tenth Schedule;

(b) specify that the holder of the certificate –

(i) has gone through a medical examination by a Government

Medical Officer;

(ii) is not attained of any infectious or communicable diseases;

(iii) is fit to work in a food establishment; and

22
 (iv) has successfully followed such food safety and hygiene training
course as the supervising officer may approve.

(3) A Food Handler's Certificate shall be valid for a period of 3 years from the date
of issue and may be renewed for further periods of 3 years.

(4) (a) No person shall employ in any food business any person who does not
possess a valid Food Handler's Certificate.

(b) Any person who intends to be employed in a food business shall make
an application to the supervising officer.

(c) The supervising officer may grant or refuse the application.

(d) Where the supervising officer grants the application, he shall, on

payment of the fee specified in Part III of the Fourth Schedule, issue a Food Handler's
Certificate.

(5) (a) Any person who intends to renew his Food Handler's Certificate shall, at
least 30 days before the expiry of the certificate, make an application to the supervising
officer.

(b) Where the supervising officer grants the application, he shall, on payment of
the fee specified in Part III of the Fourth Schedule, renew the Food Handler's Certificate.

(6) Any person who makes an application for the renewal of his Food Handler's
Certificate after the expiry of the delay specified in paragraph (5), shall be liable to a
surcharge of 50 per cent.

(7) (a) Where the Food Handler's Certificate of a person is lost, defaced or destroyed,
he shall make an application, in writing, to the supervising officer for the issue
of a duplicate.

(b) Where the supervising officer is satisfied that the Food Handler's Certificate
is lost, defaced or destroyed, he shall on payment of the fee specified in the
Fourth Schedule, issue, to the person, a Food Handler’s Certificate bearing the
word ‘DIPLICATE’.

(c) Where the person finds the original Food Handler’s Certificate, he shall
forthwith surrender it to the supervising officer.

(8) Where a Government Medical Officer certifies that a person who holds a Food
Handler’s Certificate who, at a material time, is attained of an infectious or communicable
disease, the supervising officer shall forthwith suspend his Food Handler's Certificate.

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 (9) (a) A food business operator shall ensure that any food handler whom he engages
in his food business successfully follows such food safety and hygiene training course as the
supervising officer may approve.

(b) Any person who holds such appropriate qualifications as may be

acceptable by the supervising officer shall be exempted from following the food safety and
hygiene training course referred to in subparagraph (a) but shall undergo a medical
examination by a Government Medical Officer.

49. Personal hygiene

Every person shall, while being engaged in the sale, preparation, manufacture,
serving, packing, cooking, carriage, handling, or delivery of any food for sale for human
consumption –

(a) keep and maintain his clothing, hands, hair, fingernails and body clean;

(b) wear a clean washable overall effectively preventing the food from coming in
contact with any part of his other clothing;

(c) wear a clean hair covering for the purpose of effectively preventing his hair
from coming in contact with food or any surface which the food is liable to
come in contact with;

(d) not wear earrings or jewels, watch, nail varnish and rings;

(e) not use dirty wiping clothes; and

(f) not eat, smoke, and chew tobacco or spit.

50. Prohibition of food handling by infected person

Any person who is the carrier of an infectious disease, or in contact with a person who
is suffering from any infectious disease, diarrhoea, venereal disease, open infected wound,
or any inflammatory or communicable infection of the skin shall not –

(a) engage himself in the sale, preparation, manufacture, storing, serving, packing,
cooking, transport, handling or delivery of any food; and

(b) handle, whether for cleansing, washing or other purposes, any vessel,
receptacle, utensil, package or any instrument used in the preparation,
manufacture, serving, packing, cooking, storing, transport, handling or delivery
of any such food.

51. Responsibility of food business operator relating to regulations 48 and 50

24
 No food business operator shall authorise any person under regulations 48 and 50 to
resume duty in the food business unless the person produces a certificate issued by a
Government Medical Officer, certifying that he is no more attained of any infectious or
communicable diseases.

52. Use of devices to handle food

Any person who sells ready to eat food for human consumption shall, when removing
the food from the receptacle where it is kept, do so by means of pliers, tongs or other
devices except where the use of such devices is impracticable due to the nature of the food.

53. Sale of contaminated food

No person or food business operator shall offer for sale or sell for human
consumption any food which has been exposed to dust, fumes, flies or which is
contaminated.

54. Food to be kept away from insanitary environment

No person shall prepare, store, offer for sale or sell any food intended for human
consumption –

(a) near public conveniences;

(b) at or near any place where noxious substances or fumes are

emitted; or

(c) in an insanitary environment.

55. Perishable food to be kept at adequate temperature

(1) The food business operator of any premises where food is prepared, packed,
transported, displayed, stored, served or sold for human consumption, shall ensure that any
perishable food is kept in such temperature control as may be appropriate to protect it –

(a) from developing excessive levels of food poisoning bacteria or formation

of toxins to levels that are unsafe for consumers;

(b) from spoilage.

(2) For the purpose of this regulation –

(a) “perishable food” includes –

(i) raw and cooked meat or foods containing meat, such as

casseroles, curries and lasagne;

25
 (ii) dairy products, such as milk, yoghurt, custard and dairy based
desserts;

(iii) seafood, excluding live seafood;

(iv) processed fruits and vegetables, such as salads;

(v) cooked rice and pasta;

(vi) foods containing eggs, egg product, beans, nuts or other protein
rich foods, such as quiche and soy products;

(vii) cream-filled pastries;

(viii) food that contains the foods specified in sub subparagraphs (i) to
(vi);

(ix) food that may contain food poisoning bacteria and are capable of
supporting growth of these bacteria or formation of toxins to levels
that are unsafe for consumers, if the food is not stored at the
correct temperature;

“temperature control” means maintaining perishable food at such temperature to minimise

the growth of infectious or toxigenic microorganisms in the food so that the microbiological
safety of the food is not adversely affected during the time the food is at –

(a) a temperature of not more than 4 degrees celsius;

(b) a temperature of not less than 63 degrees celsius; or

(c) such other temperature at which, according to the food business operator,
the food will not get adversely affected if kept for a period of time.

56. Food transport vehicle

(1) No person or food business operator shall use any vehicle for the transport or
delivery of any food intended for sale for human consumption unless the vehicle is fitted
with a compartment to contain the food, and–

(a) the words ‘FOOD TRANSPORT VEHICLE’ are clearly, legibly and
permanently marked on the external sides of the vehicle;

(b) the compartment is completely sealed off from the driver's cabin;

26
 (c) the compartment is, at all times –

(i) adequately protected from any thing that may contaminate the
food that is transported in the vehicle;

(ii) kept free from flies, pests and dust;

(iii) kept clean; and

(iv) kept in a state of good repair.

(2) This regulation does not apply to or in relation to multipurpose vehicles used
for the transport of raw vegetables, raw fruits, and raw grains.

(3) No person or food business operator shall carry cooked, prepared and
processed food otherwise than in a food transport vehicle.

(4) For the purpose of this regulation –

“food transport vehicle” means any vehicle that is used for the transportation
of cooked, prepared and processed food, dedicated for this purpose and shall
not carry anything else.

57. Sanitary requirements for food vehicle

Any person or food business operator who sells any food for immediate consumption
in a food vehicle, shall ensure that –

(a) the driver's cabin is separated and effectively sealed off from the section where
the food is prepared, stored or sold;

(b) all fittings, equipment or utensils which are used for the transportation of food
are made of such impervious material as the supervising officer may approve;

(c) the vehicle is fitted with a sink which is supplied with ample potable water for
the purpose of washing of utensils used in the preparation of food, and is also
provided with a wash-hand basin, soap, nail brush and towel;

(d) adequate provision, including refrigeration, is made in the vehicle for the
storage of perishable food;

(e) provision is made in the vehicle for the collection of garbage in bins fitted with
close-fitting lids;

(f) all interior walls, ceiling and floor of the vehicle are, at all times, in good order
and kept in clean condition;

27
 (g) no flies, birds, rodents and other pests have access to any place where food is
prepared, heated, or stored;

(h) a receptacle of greater holding capacity than the storage water tank is provided
in the vehicle for the collection of waste
waters; and

(i) ready to eat food is sold in disposable containers.

58. Food vehicle not to transport goods likely to contaminate food

No person shall transport in a vehicle which is used for the transportation or delivery
of any food that is intended for sale for human consumption, any thing that may
contaminate any food that is transported in the vehicle.

59. Sanitation of vehicle transporting frozen food

(1) No person shall transport or cause to be transported in a vehicle any frozen or

chilled food for the purpose of storage, processing or distribution for human consumption
unless that vehicle is equipped for the transportation of such food.

(2) (a) For the purpose of paragraph (1), frozen food and chilled food shall be
transported in a refrigerated vehicle which is equipped with a temperature monitoring
device.

(b) The temperature monitoring device shall, at all times, be in good working
condition.

(3) The driver of the vehicle shall ensure that the interior of the vehicle is, at all
times –

(i) adequately protected from any thing that may contaminate the food that
is transported in the vehicle;

(ii) kept free from flies, pests and dust;

(iii) kept clean; and

(iv) kept in a state of good repair.

60. Street food vendors to deal with food in hygienic conditions

(1) No street food vendor shall sell food ready for human consumption unless the
stall, table, bicycle, tricycle, barrow, cart or any such other vehicle is designed or adapted for
the purpose of transporting such food as the street food vendor may offer for sale for
human consumption.

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 (2) Any street food vendor who sells ready to eat food intended for human
consumption shall –

(a) transport the food in a clean receptacle which shall be kept covered at all
times, except during the period necessary to complete its sale; and

(b) adequately protect the food from any contamination.

61. Sanitary practices in cold room

(1) Every food business operator of a cold room or of any premises where there is
a cold room in which food is stored for sale for human consumption shall ensure that –

(a) no unsafe food or refuse is stored in the cold room;

(b) no food, except food contained in impervious containers, is stored on the

floor of the cold room;

(c) the floor of the cold room and the immediate area surrounding the cold
room is, at all times, kept clean;

(d) the cold room is equipped with a temperature monitoring device which
shall be visible from outside the cold room and be in good working order;

(e) (i) the continuous temperature reading from the temperature

monitoring device referred to in subparagraph (d) is recorded; and

(ii) the records are –

(A) kept for a period of at least one year; and

(B) available for inspection by the authorised officer;

(f) to avoid flies, foul smell or such other nuisance, provision is made for
appropriate drainage in the cold room for the purpose of draining water if
there is any leakage or after cleaning;

(g) the area outside the cold room where frozen food is sliced is adequately
protected from flies.

(2) For the purpose of this regulation –

“cold room” means a refrigeration room whose inner volume is 2.5 cubic
meters or more.

29
 PART VI – CONTAMINANTS

62. Definition

In this Part –

“antibiotic” means any chemical substance produced by either chemical synthesis or

by a microorganism capable of inhibiting the growth of or destroying bacteria and
other microorganism;

“contaminant” includes –

(a) any toxic, noxious or harmful substance that is contained in or is present on

any food;

(b) metal contaminant, mycological contaminant, microorganisms and their toxins,

pesticide residue and any veterinary drug residue;

“microorganisms and their toxins” include bacteria, fungi and their toxins;

“pesticide” –

(a) means –

(i) any substance intended for preventing, destroying, attracting, repelling,

or controlling any pest including any unwanted species of plants or
animals during the production, storage, transport, distribution,
processing or packaging of food;

(ii) any substance intended for use as a plant growth regulator, defoliant,
desiccant, fruit thinning agent, or sprouting inhibitor; and

(iii) any substance applied to crops either before or after harvest to protect
the crops from deterioration during storage and transport; but

(b) does not include fertilizer, plant and animal nutrient, food additive and animal
drug;

“pesticide residue and veterinary drug residue” –

(a) means any substance established by the Codex Alimentarius Commission

found in food resulting from the use of a pesticide or a veterinary drug; and

(b) includes their derivatives, conversion products, metabolites and reaction

products.

30
63. Prohibition of importation and sale of food with excess contaminant

(1) No person shall import, manufacture, store, pack, offer for sale or sell any food
intended for human consumption which has any excess contaminant, that are contained in
or present on any food as specified in paragraph (2).

(2) (a) Bacteria shall not be in a greater number than the numbers specified in
respect of that food as set out in the Eleventh Schedule.

(b) The quantity of contaminants and toxins in food shall not be greater than
the maximum level as specified by the Codex Alimentarius – Codex General Standards for
Contaminants and Toxins in Food and Feed (CODEX STAN 193-1995).

(c) Pesticide residue shall not be in excess of the limit established by the
Codex Alimentarius Commission.

(d) Veterinary drug residue shall not be in excess of the limit established by
the Codex Alimentarius – MAXIMUM RESIDUE LIMITS (MRLs) AND RISK MANAGEMENT
RECOMMENDATIONS (RMRs) FOR RESIDUES OF VETERINARY DRUGS IN FOODS (CX/MRL
2-2018).

(e) The maximum permissible level of methanol in alcoholic beverage

derived from ethyl alcohol shall not exceed the maximum permissible level prescribed, in
relation to that alcoholic beverage, in column 1 of the Twelfth Schedule.

(f) The maximum permissible level of furfuraldehyde or furfural or furfurol

or pyromucic aldehyde in alcoholic beverage derived from ethyl alcohol shall not exceed
one tenth of a gramme per hectolitre of absolute alcohol.

(g) The maximum migration level of bisphenol A in feeding bottles and

plastic containers for food packaging shall not exceed 0.03 microgramme per millilitre.

64. Exemptions, scientific research and food naturally containing excess contaminants

Regulation 63 shall not apply to –

(a) any food intended for the purpose of scientific research provided that the
container bears a label stating clearly that the food is imported, manufactured,
stored or sold for that purpose;

(b) hop concentrates or such other similar ingredient used in the manufacture of
beer, as the supervising officer may approve.

65. Sale of oyster and shellfish from non-polluted source

No person shall sell or have in his possession for sale, for human consumption,
oysters or other shellfish that is fished from polluted waters.

31
66. Prohibition of sale of pesticide and similar products on food premises

No person who is engaged in the sale of food for human consumption on a premises
shall keep or trade in the sale of any pesticides, fertilisers, petroleum products or any other
similar products on the premises.

67. Prohibition of preparation and sale of food by person engaged in trade of pesticides
on same premises

(1) No person who is engaged in the trade of pesticides, fertilisers, petroleum

products or any other noxious substance on a premises shall prepare or offer for sale food
for human consumption on the same premises.

(2) Notwithstanding regulation 66, the sale of pre-packed food may be authorised
on premises where petroleum products are sold, provided that the pre-packed food is –

(a) displayed or offered for sale in a building physically separate from the
delivery bay or storage zone of petroleum products; and

(b) handled or delivered to the consumer by food handlers who are not
involved in the handling of petroleum products or other chemical
substances.

68. Irradiated food

(1) For the purpose of avoiding bacterial contamination, herbs and spices shall be
irradiated to not less than 2 KiloGray nor more than 10 KiloGray.

(2) For the purpose of controlling sprouting, pest disinfestation or weeding, herbs
and spices shall be subject to ionising irradiation to not more than 6 KiloGray.

(3) A herbal infusion may, for the purpose of controlling sprouting and pest
disinfestation, including the control of weeds, be irradiated to not more than 6 KiloGray.

(4) A herbal infusion shall, for the purpose of avoiding bacterial decontamination,
be irradiated to not less than 2 KiloGray nor more than 10 KiloGray.

(5) In this regulation –

“herbal infusion” means fresh, dried or fermented leaves, flowers and other
parts of plants used to make beverages, but do not include tea;

“irradiation”, in relation to food, means subjecting the food to ionising

radiation.

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69. Special labelling requirements for irradiated food

No person shall import, manufacture, pack, store, offer for sale or sell irradiated food
unless, in accordance with regulation 4, it shall be specified on the label that –

(a) the food has been irradiated; or

(b) the food contains an ingredient or component that has been irradiated.

PART VII – CHILLED AND FROZEN FOOD

70. Definition

In this Part –

“chilled cabinet” includes any refrigerator or cabinet which is used as a display case
for food which is maintained at a temperature between zero degree celsius and 4
degrees celsius;

“chilled food” includes but is not limited to meat, meat product, whole or filleted fish,
fish product, bakery, bakery product, cakes and vegetables intended to be maintained
at temperatures between zero degree celsius and 4 degrees celsius in any part of the
product;

“freezer” includes any refrigerator, reefer container or cold room which maintains its
contents at a temperature of -18 degrees celsius or below;

“frozen food” includes but is not limited to meat, meat product, whole or filleted fish,
fish product, bakery, bakery product, cakes and vegetables which has been
maintained at a temperature of -18 degrees celsius or below, except for brine frozen
fish intended for canning which may be maintained at a temperature of -9 degrees
celsius or below.

71. Sale of chilled or frozen food

Every food business operator shall ensure that, on his premises –

(a) no chilled food is displayed or offered for sale other than in a chilled cabinet;
and

(b) no frozen food is displayed or offered for sale other than in a freezer.

72. Sale of defrosted food and chilled food

(1) No person shall sell any frozen food where –

33
 (a) the frozen food has been completely or partially
defrosted; or

(b) the frozen food has been completely or partially defrosted and
subsequently refrozen.

(2) No person shall sell any chilled food that –

(a) has been brought up to a temperature of more than 4 degrees celsius; or

(b) has been brought up to a temperature of more than 4 degrees celsius and
re-chilled.

73. Intentional switching off of electric supply to freezer

No food business operator shall, except in case of emergency, switch off or cause to
be switched off, the electric power to a freezer or chilled cabinet which contains frozen or
chilled food.

74. Storage of frozen or chilled food during long power failure

No food business operator shall, following an electric power failure in an emergency,

store or display in –

(a) a freezer, frozen food intended for human consumption unless the freezer
where the food was stored or displayed, was supplied anew with electricity
before 24 hours after the electric power failure; or

(b) a chilled cabinet, chilled food intended for human consumption unless the
chilled cabinet where the food was stored or displayed, was supplied anew with
electricity before 2 hours after the electric power failure.

75. Hygienic condition for freezer and chilled cabinet

Every food business operator shall ensure that a freezer or a chilled cabinet for the
storage or display of frozen or chilled food on his premises is maintained in a clean and
hygienic condition.

76. Prohibition to mix chilled and frozen food

(1) Where a food business operator stores, sells or offers for sale on his premises
chilled and frozen meat, meat product, fish, fish product and vegetables, he shall ensure that
every chilled and frozen food is stored and displayed in separated stalls. with clear
indication as to the nature of the food on each stall.

(2) The food business operator shall, by such means as the supervising officer may
approve, indicate the nature of every food that he displays in a freezer or chilled cabinet.

34
77. Misrepresenting nature of chilled or frozen meat, fish or poultry

No person shall sell or offer for sale any chilled or frozen meat, fish or poultry by
misrepresenting its true nature.

78. Misrepresentation of kind of meat

No person shall sell or offer for sale the meat of one kind of animal by
misrepresenting it for the meat of another kind of animal.

79. Prohibition of importation, storage and sale of frozen fish which is not gutted

(1) No person shall, otherwise than for processing, import any frozen fish which is
not gutted.

(2) No person shall store, offer for sale or sell any frozen fish which is not gutted.

80. Storage of various types of food in chilled cabinet or freezer

(1) No food business operator shall, for the purpose of storing or offering for sale,
keep the following categories of food in the same freezer or chilled cabinet –

(a) goat meat, goat meat product, mutton, mutton product, poultry and
poultry product;

(b) beef, buffalo meat, beef product and buffalo meat product;

(c) pork and pork product;

(d) fish and fish product; and

(e) vegetable and processed vegetable.

(2) Every compartment in a chilled cabinet or freezer that contains any of the 5
categories of food specified in paragraph (1) shall be marked in such a manner as to be
easily identifiable by the consumer.

81. Temperature monitoring device of freezer and chilled cabinet

(1) Every freezer or chilled cabinet that is used for commercial purposes shall be
equipped with a temperature monitoring device.

(2) (a) The temperature monitoring device referred to in paragraph (1) shall be
in good working condition.

35
 (b) The reading of the temperature monitoring device shall be clearly visible
from the outside of the freezer or chilled cabinet, as the case may be.

82. Prohibition

No food business operator shall store an undressed animal carcass or quarter of

carcass in any cold room, freezer or chilled cabinet.

PART VIII – FOOD ADDITIVES

83. Definition

In this Part –

“permitted food additive” means such permitted food additive as may be specified in
the Codex Alimentarius – Codex General Standard for Food Additives (Codex Stan
192-1995, Rev.).

84. Maximum use level of food additives

Any food additive that is added to a food shall not exceed the maximum level for that
specific food category as specified in the Codex Alimentarius – Codex General Standard for
Food Additives (Codex Stan 192-1995, Rev.).

85. Prohibition on use of non-permitted additive

(1) No person shall import, manufacture, store, offer for sale or sell any food
additive or any food containing a food additive unless the substance is a permitted food
additive specified in the Codex Alimentarius – Codex General Standard for Food Additives
(Codex Stan 192-1995, Rev.).

(2) No person shall introduce in or lay on a food any food additive other than a
permitted food additive.

(3) No person shall import, manufacture, process, pack, store, offer for sale or sell
colouring substance which contain more than –

(a) one p.p.m of arsenic;

(b) 10 p.p.m of lead; and

(c) 100 p.p.m of each of the following –

(i) Antimony;

(ii) Barium sulphate;

36
 (iii) Chromium;

(iv) Copper; or

(v) Zinc.

86. Food additive masking food inferiority

No person shall offer for sale or sell any food in which food additive has been
introduced or on which food additive has been laid for the purpose of concealing the fact
that the food is substandard or of inferior quality.

87. Permitted flavouring substance

(1) A permitted flavouring substance shall be a substance as specified in the

Commission Implementing Regulation (EU) No 872/2012.
(2) Any permitted flavouring substance that is added to a food shall not exceed
the maximum level for that specific food category as specified in the
Commission Implementing Regulation (EU) No 872/2012.
(3) No person shall offer for sale or sell any food in which flavouring substance
has been introduced or on which flavouring substance has been laid for the
purpose of concealing the fact that the food is substandard or of inferior
quality.

88. Prohibition for non-permitted flavouring substances

No person shall import, manufacture, process, pack, store, offer for sale or sell –

(a) any flavouring substance; or

(b) any food which contains a flavouring substance,

other than a permitted flavouring substance specified in the Commission Implementing

Regulation (EU) No 872/2012.

89. Good manufacturing practice

(1) Where the prescribed limit for a food additive in the Codex Alimentarius –
Codex General Standard for Food Additives (Codex Stan 192-1995, Rev.) is
stated to be “Good Manufacturing Practice (G.M.P)”, the food additive added to
food in manufacture or processing shall not exceed the amount required to
accomplish the purpose for which that additive is required to be added to that
food.
37
 (2) Where the prescribed limit for a permitted flavouring substance in the
Commission Implementing Regulation (EU) No 872/2012 is stated to be
quantum satis, the food additive added to food in manufacture or processing
shall not exceed the amount required to accomplish the purpose for which that
additive is required to be added to that food.

(3) A certificate issued by the Chief Government Analyst certifying that a food
contains food additive or flavouring substance against the good manufacturing
practice, shall be received in all Courts as conclusive evidence of that fact.

(4) Where a food contains an additive or a flavouring substance –

(a) that is not in accordance with the Codex Alimentarius – Codex General
Standard for Food Additives (Codex Stan 192-1995, Rev.) or Commission
Implementing Regulation (EU) No 872/2012 ; or

(b) in relation to which the maximum permitted level is not prescribed in the
Codex Alimentarius – Codex General Standard for Food Additives (Codex
Stan 192-1995, Rev.) or the Commission Implementing Regulation (EU)
No 872/2012,

the Chief Government Analyst may certify whether the use of the food additive may
be authorized and the maximum permitted level thereof.

PART IX – SALT

90. Salt

(1) No person shall import, manufacture, store, pack, sell or offer for sale any salt
other than –

(a) food grade salt;

(b) iodised salt;

(c) reduced sodium salt mixtures; or

(d) any other salt approved by the supervising officer.

(2) The salt referred to in paragraph (1) shall be of the standard specified in
regulations 91 to 94.

91. Composition of food grade salt

Food grade salt –

38
 (a) shall contain not less than 95 per cent sodium chloride on a dry matter basis,
excluding additives, spices and permitted flavouring substance;

(b) shall contain not more than 0.2 per cent of matter insoluble in water, excluding
additives, spices and permitted flavouring substance;

(c) may contain spices and permitted flavouring substance; and

(d) may contain any permitted anticaking agents for this food category as specified
in the Codex Alimentarius – Codex General Standard for Food Additives (Codex
Stan 192-1995, Rev.).

92. Composition of iodised salt

Iodised salt –

(a) shall contain not less than 95 per cent sodium chloride on a dry matter basis,
excluding additives, spices and permitted flavouring substance;

(b) shall contain not more than 0.2 per cent of matter insoluble in water, excluding
additives, spices and permitted flavouring substance;

(c) shall contain not less than 15 p.p.m nor more than more than 25 p.p.m of
iodine;

(d) may contain spices and permitted flavouring substance; and

(e) may contain any permitted anticaking agents for this food category as specified
in the Codex Alimentarius – Codex General Standard for Food Additives (Codex
Stan 192-1995, Rev.).

93. Composition of reduced sodium salt mixtures

Reduced sodium salt mixtures –

(a) shall contain not more than 200 grammes per kilogramme of sodium;

(b) shall contain not more than 400 grammes per kilogramme of potassium;

(c) shall contain not more than 0.2 per cent of matter insoluble in water, excluding
additives; and

(d) may contain any permitted anticaking agents for this food category as specified
in the Codex Alimentarius – Codex General Standard for Food Additives (Codex
Stan 192-1995, Rev.).

94. Conditions of sale of salt and labelling

39
 (1) No person shall sell food grade salt, iodised salt or reduced sodium salt
mixtures otherwise than in a pre-packed container.

(2) Notwithstanding regulation 4, a pre-packed container under paragraph (1) shall

bear a label that shall indicate that –

(a) the salt is food grade salt, iodised salt or reduced sodium salt mixtures;

(b) in the case of iodised salt, the presence of potassium and sodium iodates
or iodides; and

(c) in case of reduced sodium salt mixtures, the sodium and potassium
content expressed per 100 grammes and in bold lettering the words
“PEOPLE ON MEDICATION FOR DIABETES, HEART OR KIDNEY
DISORDERS SHOULD CONSULT THEIR DOCTOR BEFORE USING SUCH
SALTS” or such other words as may be required.

PART X – CEREAL AND CEREAL PRODUCT

95. Prohibition

No person shall import, manufacture, process, pack, store, offer for sale or sell wheat flour unless it
is fortified with iron, vitamin B9, vitamine B12 and zinc.

96. Fortified wheat flour

Fortified wheat flour –

(a) shall be the product prepared from grain of common wheat, triticum aestivum
L., or club wheat, triticum compactum host., or mixtures thereof, by grinding or
milling processes in which the bran and germ are partly removed and the
remainder is comminuted to a suitable degree of fineness with the addition of
specific micronutrients;

(b) shall contain

(i) not more than 14.0 per cent moisture on a mass by mass basis;
(ii) not less than 55 milligrammes iron nor more than 94 milligrammes iron per
kilogramme of fortified wheat flour;
(iii) not less than 1.3 milligrammes vitamin B9 nor more than 2.2 milligrammes
vitamin B9 per kilogramme of fortified wheat flour;
(iv) not less than 0.01 milligramme vitamin B12 nor more than 0.014
milligramme vitamin B12 per kilogramme of fortified wheat flour; and
(v) not less than 55 milligrammes zinc nor more than 84 milligrammes zinc per
kilogramme of fortified wheat flour;

40
 (c) shall not exceed total aflatoxin level of 10 microgrammes per kilogramme.

(d) may contain –

(i) malted products with enzymatic activity made from wheat, rye or barley;

(ii) vital wheat gluten;

(iii) soybean flour and legume flour;

(iv) any permitted food additive for this food category as specified in the
Codex Alimentarius – Codex General Standard for Food Additives (Codex
Stan 192-1995, Rev.); and
(v) any permitted food conditioner as set out in the Thirteenth Schedule.

97. Fortified wholemeal wheat flour

Fortified wholemeal wheat flour –

(a) shall contain

(i) not more than 14.0 per cent moisture on a mass by mass basis;
(ii) not less than 55 milligrammes iron nor more than 94 milligrammes iron per
kilogramme of fortified wheat flour;
(iii) not less than 1.3 milligrammes vitamin B9 nor more than 2.2 milligrammes
vitamin B9 per kilogramme of fortified wheat flour;
(iv) not less than 0.01 milligramme vitamin B12 nor more than 0.014
milligramme vitamin B12 per kilogramme of fortified wheat flour; and
(v) not less than 55 milligrammes zinc nor more than 84 milligrammes zinc per
kilogramme of fortified wheat flour;
(b) shall not exceed total aflatoxin level of 10 microgrammes per kilogramme;

(c) shall contain not less than 2.5 per cent of dietary fibre on a moisture free basis;
and

(d) malted products with enzymatic activity made from wheat, rye or barley;

(ii) vital wheat gluten;

(iii) soybean flour and legume flour; and

(iv) any permitted food additive for this food category as specified in the
Codex Alimentarius – Codex General Standard for Food Additives (Codex
Stan 192-1995, Rev.).
41
 (v) any permitted food conditioner as set out in the Thirteenth Schedule.

98. Fortified self-raising flour

(1) Fortified self-raising flour shall –

(a) be any fortified flour or mixture of fortified flours to which baking powder
has been added; and

(b) liberate not less than 0.4 per cent carbon dioxide.

(2) Where fortified self-raising flour contains calcium sulphate as dough

conditioner, the flour shall not contain more than 0.6 per cent calcium sulphate.

(3) Fortified self-raising flour shall not contain food additives other than those
referred to in paragraphs (1)(a) and (2).

99. White bread

(1) White bread –

(a) of a weight of –

(i) not less than 100 grammes nor more than 500 grammes
shall contain moisture not exceeding 35 per cent of its
weight;

(ii) not less than 1,000 grammes nor more than 2,000
grammes shall contain moisture not exceeding 40 per cent
of its weight;

(b) commonly known as baguette or flute shall contain moisture not

exceeding 30 per cent of its weight;

(c) shall have a pH range of 5.3 to 6.0 in relation to mass per volume in 10
per cent aqueous solution; and

(d) may contain sodium in an amount not exceeding 400 milligrammes per
100 grammes of bread.

(2) In this regulation –

“white bread” means a product obtained by baking a yeast leavened dough

composed of fortified wheat flour, yeast, edible salt, water and permitted
leavening agent.
.

42
100. Wholemeal bread

(1) Wholemeal bread –

(a) shall contain not less than 1.8 per cent dietary fibre on a moisture free
basis;

(b) of a weight of –

(i) not less than 100 grammes nor more than 500 grammes
shall contain moisture not exceeding 35 per cent of its
weight;

(ii) not less than 1,000 grammes nor more than 2,000
grammes shall contain moisture not exceeding 40 per cent
of its weight;

(c) commonly known as baguette or flute shall contain moisture not exceeding
30 per cent of its weight;

(d) shall have a pH range of 5.3 to 6.0 in relation to mass per volume in 10 per
cent aqueous solution;

(e) in respect of every 100 grammes of its weight, may contain sodium not
exceeding 400 milligrammes.

(2) In this regulation –

“wholemeal bread” means a product obtained by baking a yeast leavened

dough composed of fortified wholemeal wheat flour, yeast, edible salt, water
and permitted leavening agent.

PART XI – EGG AND EGG PRODUCT

101. Interpretation

In this Part –

“egg” means –

(a) an egg of a bird;

(b) an egg in which no putrefaction and no development of the embryo has begun;

(c) an egg which has not been incubated;

43
 (d) an egg whose shell is clean, not cracked and not broken;

“egg product” includes liquid egg, liquid egg yolk, liquid egg white, dried egg
powder, dried egg yolk powder and dried egg white powder;

“fresh egg” means an egg which has not been subject to any process of cooking or
boiling;

“liquid egg” means a whole egg that –

(a) is frozen or chilled and removed from the shell; and

(b) contain no food additives or any other ingredients;

“liquid egg white” means the white of fresh egg separated, as completely as
practicable, from the yolk of the egg;

“liquid egg yolk” means the yolk of a fresh egg separated, as completely as is
practicable, from the egg white.

102. Prohibition for non-compliant egg and egg product, and food containing egg or egg
product

No person shall import, store, offer for sale or sell egg or egg product or food
containing egg or egg product unless it complies with the standards specified in regulations
103 to 106.

103. Liquid egg

No person shall use in the manufacture of food or sell any liquid egg unless it is –

(a) pasteurised by being retained at a temperature not less than 64 degrees celsius
for not less than 2.5 minutes; and

(b) immediately cooled to a temperature not higher than 4 degrees celsius.

104. Egg not to be used to produce egg product

Broken or leaker eggs shall not be used to produce egg products.

105. Liquid egg yolk

(1) A liquid egg yolk shall not contain any food additives or any other ingredients.

(2) No person shall use in the manufacture of food or sell any liquid egg yolk
unless it is–

44
 (a) pasteurised by being retained at a temperature not lower than 60
degrees celsius for not less than 3.5 minutes; and

(b) immediately cooled to a temperature not higher than 4 degrees

celsius.

106. Liquid egg white

(1) A liquid egg white shall contain no food additives or any other ingredients.

(2) No person shall use in the manufacture or sell any liquid egg white unless it is –

(a) pasteurised by being retained at a temperature not lower than 55 degrees

celsius for not less than 9.5 minutes; and

(b) immediately cooled to a temperature not higher than 4 degrees celsius.

PART XII – SPECIAL PURPOSE FOOD

107. Definition

In this Part –

“blended edible oil” means a mixture of vegetable oils;

“canned food for infant or child” –

(a) means a wholesome food or mixture of wholesome food, the purpose of which
is to feed an infant or a child; but

(b) does not include any infant formula, follow-up formula or cereal-based food for
an infant or a child;

“cereal-based food for infant or child” –

(a) means processed cereal-based foods prepared primarily from one or more
milled cereals, which shall constitute at least 25 per cent of the final mixture on
a dry weight basis; and

(b) includes –

(i) food based on cereal, nut, legume or any combination of these, with or
without other wholesome food;

45
 (ii) dry cereal, nut or legume, or a combination of these, and flour derived
from them, cooked or uncooked, and so fragmented as to permit dilution
with water or milk;

(iii) rusk and biscuit prepared from cereal, nut or legume or a combination of
these, and produced by a baking process and which may be consumed
directly or by mixing in water or milk; or

(iv) milk biscuit which is based on cereal, nut or legume, or a combination of

these, and which may be consumed with milk;

"child" means any person aged between 12 months and 36 months;

“formula dietary food” means food that is sold –

(a) for consumption by an invalid person or a person who requires a special diet,
but does not include bread or flour; and

(b) under medical advice, medical supervision or in such manner as a dietician

may recommend, for consumption by a person suffering from a specific
physical or physiological condition;

“follow-up formula” means a food intended for use as a liquid part of the weaning
diet for an infant aged not less than 6 months and for young children;

"infant" means any person aged not more than 12 months;

“infant formula” means a breast-milk substitute, that is so manufactured as to satisfy,

by itself, the nutritional requirements of an infant during the first months of life until
the introduction of appropriate complementary feeding;

"special purpose food" means –

(a) an infant formula;

(b) a follow up formula;

(c) a canned food for an infant or a child;

(d) a cereal-based food for an infant or a child;

(e) a low energy food;

(f) a formula dietary food; or

(g) such other special purpose food as the supervising officer may approve.

46
108. Prohibition for special purpose food containing carbohydrate

No person shall import, manufacture, process, pack, store, offer for sale or sell any
special purpose food bearing a label that comprises the words “SUGARLESS”, “SUGAR
FREE” or any other similar word, where the special purpose food contains any
carbohydrate.

109. Specially processed infant formula

(1) No person shall modify an infant formula which is so processed or formulated

as to satisfy particular dietary requirements as a result of physical or physiological
conditions of disease or disorder.

(2) Where an infant formula is intended for an infant with special nutritional
requirements, there shall be written on the label of such food the specific requirements for
which that formula is to be used and the dietary property or properties that are attributed to
such food.

(3) No person shall import, manufacture, process, pack, store, offer for sale or sell
an infant formula –

(a) which is treated with ionising radiation; or

(b) that contains an ingredient which is treated with ionising radiation.

110. Infant formula and breast milk

No person shall –

(a) advertise or cause to be advertised any infant formula; and

(b) import, pack, store, offer for sale or sell any infant formula that bears a label
that specifies that the infant formula is superior to breast milk.

111. Special labelling requirements for infant formula

(1) No person shall import, manufacture, pack, store, offer for sale or sell any infant
formula unless, in accordance with regulation 4, the label sets out –

(a) the method of preparing the food, including the quantity of food to be
used in the preparation to be given to the infant;

(b) (i) the quantity of the prepared food to be given, at a time; and

(ii) the frequency at which such quantity of the prepared food may,
daily, be given to the infant,

47
 shall be provided for each month of age until the infant is aged 6 months;

(c) such special storage instruction that may be required before and after the
package is opened;

(d) the nature of the carbohydrate, if any, present in the infant formula;

(e) the amount of energy expressed in kilocalorie or

kilojoule;

(f) the amount of protein, carbohydrate, fat, vitamin, and mineral contents
per 100 grammes or 100 millilitres of the infant formula; and

(g) the benefits of breastfeeding.

(2) No person shall import, manufacture, process, pack, store, offer for sale or sell
an infant formula which does not include the nutrients as specified in the Codex
Alimentarius – Standard for Infant Formula and Formulas for Special Medical Purposes
Intended for Infants (CXS 72-1981).

(3) No person shall import, manufacture, process, pack, store, offer for sale or sell
an infant formula which contains any food additive other than the food additive permitted
for this food category and at the levels specified in the Codex Alimentarius – Codex General
Standard for Food Additives (Codex Stan 192-1995, Rev.).

112. Follow-up formula

A follow-up formula –

(a) shall contain milk of cows or any other dairy animal;

(b) shall contain a total protein of not less than 3 grammes per 100 available
calories or 0.7 gramme per 100 available kilojoules nor more than 5.5 grammes
per 100 available calories or 1.3 grammes per 100 available kilojoules,
respectively, of which the amount of casein shall not be less than 85 per cent;

(c) shall contain a fat content of not less than 3 grammes nor more than 6
grammes per 100 calories or not less than 0.7 gramme nor more than 1.4
grammes per 100 available kilojoules;

(d) shall contain not less than 300 milligrammes per 100 calories or 71.7
milligrammes per 100 available kilojoules of linoleic acid;

(e) shall contain such quantity of vitamins and minerals as may be specified in the
Codex Alimentarius – Standard for Follow-up formula (CXS 156-1987);

48
 (f) shall contain nutritionally available, such quantity of carbohydrates, expressed
in kilocalorie or kilojoule, as may be necessary to provide energy;

(g) shall not contain residues of hormones and antibiotics;

(h) may contain added essential L-Amino acids;

(i) may contain other useful nutrients; and

(j) may contain such permitted food additive for this food category as specified in
the Codex Alimentarius – Codex General Standard for Food Additives (Codex
Stan 192-1995, Rev.).

113. Standards for canned food for an infant or a child

(1) No person shall import, manufacture, process, pack, store, offer for sale or sell
any canned food for an infant or a child in ready to eat form unless it complies with the
standards specified in paragraph (2).

(2) A canned food for an infant or a child in ready to eat form –

(a) shall be –

(i) processed by heat for the purpose of preventing spoilage; and

(ii) packed in a hermetically sealed can, jar or other container;

(b) shall be homogenous or comminuted and –

(i) shall be strained and contain particles in such small size that does
not require chewing before being swallowed; or

(ii) non-strained and containing particles of such size that encourages

chewing by an infant or a child;

(c) may contain sodium in such quantity that it does not exceed one gramme
per kilogramme of the product, calculated on the ready to eat basis; and

(d) may contain such permitted food additive for this food category as
specified in the Codex Alimentarius – Codex General Standard for Food
Additives (Codex Stan 192-1995, Rev.).

114. Special labelling requirements for canned food for an infant or a child

49
 (1) No person shall import, manufacture, pack, store, offer for sale or sell any
canned food for an infant or a child unless, in accordance with regulation 4, the label
mentions –

(a) the words “STRAINED” or “NON-STRAINED”, followed by the name of

the food;

(b) the words “NOT TO BE GIVEN TO INFANTS UNDER 6 MONTHS OF

AGE”;

(c) the common name of the animal or vegetable or plant from which the
ingredient contained in the canned food is derived, in descending order
of proportion;

(d) the amount of energy expressed in kilocalories or kilojoules;

(e) the amount of protein, fat, carbohydrate, vitamin and mineral content per
100 grammes of the food;

(f) the directions for preparation and use of the food; and

(g) such special storage instruction that may be required before and after the
package is opened.

(2) No person shall import, manufacture, process, pack, store, offer for sale or sell
a canned food for an infant or a child, that does not include the nutrients specified in the
Codex Alimentarius – Standard for Processed Cereal-Based Foods for Infants and Young
Children (CXS 74–1981).

115. Standards for cereal-based food for infant or child

(1) No person shall import, manufacture, process, pack, store, offer for sale or sell
any cereal-based food for an infant or a child unless it complies with the standards specified
in paragraph (2).

(2) (a) The total sodium content of cereal-based food for an infant or a child
shall not exceed 1.5 grammes per kilogramme on a ready to eat basis.

(b) The content of protein in cereal-based food for an infant or a child other
than cereal-based food for infants and children to be taken with milk, shall not be less than
15 per cent on a water free basis, and the quantity of the protein shall not be less than 70 per
cent of that of casein.

(c) Where cereal-based food for an infant or a child is taken with milk, it shall
contain not less than 6 per cent of protein on a ready to eat basis and the quantity of the
protein shall not be less than 70 per cent of that of casein.

50
 (d) No cereal-based food for an infant or a child and no ingredients used in
the manufacture of such food shall have been treated with ionising radiation.

(e) Cereal-based food for an infant or a child may contain such permitted
food additive for this food category as may be specified in the Codex Alimentarius – Codex
General Standard for Food Additives (Codex Stan 192-1995, Rev.).

116. Special labelling requirements for cereal-based food for an infant or a child

(1) No person shall import, manufacture, pack, store, offer for sale or sell any
cereal-based food for an infant or a child unless, in accordance with regulation 4, the label
mentions –

(a) the words “NOT TO BE GIVEN TO AN INFANT UNDER 6 MONTHS OF

AGE”;

(b) the words “CEREAL-BASED FOOD FOR AN INFANT OR A CHILD”;

(c) the common name of the cereal and its proportion;

(d) the form of the cereal-based food, including "CEREAL FOR AN INFANT
OR A CHILD", "RUSK FOR AN INFANT OR A CHILD", "BISCUIT" or "MILK
BISCUIT FOR AN INFANT OR A CHILD";

(e) the amount of energy expressed in kilocalories and kilojoules;

(f) the amount of protein, fat, carbohydrate, vitamin and mineral content per
100 grammes or 100 millilitres of the food;

(g) directions for preparation and use of the food; and

(h) such special storage instruction that may be required before and after the
package is opened.

(2) No person shall import, manufacture, process, pack, store, offer for sale or sell
a cereal-based food for an infant or a child that does not include the nutrients as specified in
the Codex Alimentarius – Standard for Processed Cereal-Based Foods for Infants and Young
Children (CXS 74-1981).

117. Formula dietary food

A formula dietary food may contain such permitted food additive for this food
category as may be specified in the Codex Alimentarius – Codex General Standard for Food
Additives (Codex Stan 192-1995, Rev.).

51
118. Special labelling requirements for formula dietary food

No person shall import, manufacture, process, pack, store, offer for sale or sell any
formula dietary food unless, in accordance with regulation 4, the label mentions –

(a) the words “FORMULA DIETARY FOOD” or an appropriate equivalent term

corresponding to the product;

(b) a statement of the quantity of the food to be consumed in one day;

(c) a statement of the energy yield, expressed in kilocalorie or kilojoule, of that

quantity of the food;

(d) the proportion of protein, fat, and carbohydrate in the food; and

(e) an indication that the use of such formula dietary food requires medical advice,
medical supervision or as recommended by a dietician.

119. Dietary food

(1) No person shall import, manufacture, process, pack, store, offer for sale or sell
food as –

(a) reduced calorie food unless the calorie contained in that food is one-third
lower than the calorie content that the food normally has; and

(b) dietary product unless it complies with the requirements for low energy
food and reduced calorie food.

(2) Dietary food may contain such permitted food additive for this food category as
may be specified in the Codex Alimentarius – Codex General Standard for Food Additives
(Codex Stan 192-1995, Rev.).

120. Special labelling requirements for dietary product

No person shall import, manufacture, process, pack, store, offer for sale or sell any
dietary product unless, in accordance with regulation 4 –

(a) there is on the label, the details of the claim on which special suitability is
based; and

(b) the label does not provide any specification in respect of maintaining or
reducing body weight.

PART XIII – EDIBLE OIL OR FAT

121. Edible oil or fat

52
 An edible oil or fat shall comply with the Codex Alimentarius – Standard for Named
Vegetable Oils (CXS 210-1999).

122. Blended edible oil

(1) Blended edible oil shall –

(a) contain a peroxide value of not more than 10 milli-equivalents peroxide

oxygen per kilogramme of oil; and

(b) contain not more than 23 per cent of saturated fatty acids on a fat weight
basis.

(2) Where palm oil is used, the saturated fatty acids on a fat weight basis shall not
exceed 25 per cent of the blended edible oil.

123. Maximum permissible level of fatty acids

No person shall import, manufacture, process, pack, store, offer for sale or sell any
food specified in the first column of the Fourteenth Schedule, unless it complies, in respect
of the food, with the maximum permissible level of polyunsaturated fatty acid, saturated
fatty acid, palm oil or industrial trans-fatty acid as specified in the second column of the
Schedule.

PART XIV – MAYONNAISE AND SAUCE

124. Mayonnaise

(1) No person shall manufacture, produce, process or pack mayonnaise without a

written authorisation issued by the supervising officer.

(2) The supervising officer may grant an authorisation on such conditions as he

may determine.

(3) Where a person fails to comply with the conditions imposed in the
authorisation referred to in paragraph (2), the supervising officer may revoke the
authorisation.

PART XV – MILK AND MILK PRODUCTS

125. Definition

In this Part –

53
 “cream powder” means milk product, which can be obtained by the partial removal of
water from cream;

“partly skimmed milk powder” means the product obtained by removing water from
partly skimmed milk;

“pasteurised milk” means –

(a) milk which has been heat-treated and retained at a temperature of not less than
63 degrees celsius nor more than 65 degrees celsius for 30 minutes, and
immediately cooled to a temperature of not more than 4 degrees celsius,
aseptically packed and maintained at that temperature until delivery; or

(b) milk which has been heat-treated and retained at a temperature of not less than
72 degrees celsius for 15 seconds, and immediately cooled to a temperature of
not more than 4 degrees celsius, aseptically packed and maintained at that
temperature until delivery;

“reduced-fat milk” or” “partly skimmed milk” means milk from which a considerable
proportion but not all of the milk fat has been removed;

“skimmed milk” means milk from which essentially all the milk fat has been removed;

“skimmed milk powder” means milk product, which can be obtained by the partial
removal of water from skimmed milk;

“whole milk” –

(a) means the clean and fresh mammary secretion obtained by milking dairy
animals obtained from one or more milkings for consumption as liquid milk or
for further processing; but

(b) does not include colostrum.

“whole milk powder” or “dried whole milk” means milk product, which can be
obtained by the partial removal of water from milk.

126. Prohibition

No person shall import, manufacture, process, pack, store, offer for sale, sell or
consign whole milk, processed milk or any milk products unless it complies with the
standards specified in regulations 127 to 139.

127. Standard for whole milk

54
 Whole milk –

(a) shall contain not less than –

(i) 3 per cent milk fat; and

(ii) 8.5 per cent milk solids-non-fat;

(b) shall not contain any –

(i) added water;

(ii) food additive.

128. Standard for skimmed milk

Skimmed milk shall –

(a) contain not more than 0.5 per cent of milk fat;

(b) contain not less than 8.5 per cent milk solids-non-fat;

(c) not contain any –

(i) added water;

(ii) food additive.

129. Standard for reduced-fat milk

Reduced-fat milk or partly skimmed milk shall –

(a) contain more than 0.5 but less than 3 per cent milk fat;

(b) contain not less than 8.5 per cent milk solids-non-fat;

(c) not contain any –

(i) added water;

(ii) food additive.

130. Special labelling requirement for skimmed milk and reduced-fat milk

No person shall import, manufacture, store, offer for sale or sell any package
containing skimmed milk or reduced-fat milk unless, in accordance with regulation 4 –

55
 (a) the words “SKIMMED MILK” or “REDUCED-FAT MILK”, as the case may be, are
mentioned on the label; and

(b) the words “NOT SUITABLE FOR CHILDREN UNDER 5 YEARS EXCEPT ON
MEDICAL ADVICE” or any such words are mentioned in a prominent place on
the package.

131. Milk powder, skimmed milk and reduced-fat milk to be sold in sealed packages

No person shall sell milk powder, skimmed milk or reduced-fat milk otherwise than in
a sealed package.

132. Condition for storing pasteurised milk

A food business operator of a milk plant or a person who sells pasteurised milk shall
ensure that the milk is, at all times, properly kept at a temperature of not more than 4
degrees celsius until it is delivered or sold for human consumption.

133. Standard for cream powder

Cream powder –

(a) shall not contain more than 5 per cent water on a mass by mass basis;

(b) shall contain not less than 42 per cent milk fat on a mass by mass basis;

(c) shall contain not less than 34 per cent of milk protein as milk solids-non-fat on a
mass by mass basis; and

(d) may contain any permitted food additive for this food category as specified in
the Codex Alimentarius – Codex General Standard for Food Additives (Codex
Stan 192-1995, Rev.).

134. Standard for whole milk powder

Whole milk powder or dried whole milk –

(a) shall not contain more than 5 per cent water on a mass by mass basis;

(b) shall contain not less than 26 per cent and not more than 42 per cent milk fat on
a mass by mass basis;

(c) shall contain not less than 34 per cent of milk protein as milk solids-non-fat on a
mass by mass basis; and

56
 (d) may contain any permitted food additive for this food category as specified in
the Codex Alimentarius – Codex General Standard for Food Additives (Codex
Stan 192-1995, Rev.).

135. Standard for skimmed milk powder

Skimmed milk powder –

(a) shall not contain more than 1.5 per cent milk fat on a mass by mass basis;

(b) shall not contain more than 5 per cent water on a mass by mass basis;

(c) shall contain not less than 34 per cent of milk protein as milk solids-non-fat on a
mass by mass basis; and

(d) may contain any permitted food additive for this food category as specified in
the Codex Alimentarius – Codex General Standard for Food Additives (Codex
Stan 192-1995, Rev.).

136. Standard for partly skimmed milk powder

Partly skimmed milk powder –

(a) shall contain more than 1.5 per cent and less than 26 per cent milk fat on a
mass by mass basis;

(b) shall not contain more than 5 per cent water on a mass by mass basis;

(c) shall contain not less than 34 per cent of milk protein as milk solids-non-fat on a
mass by mass basis; and

(d) may contain any permitted food additive for this food category as specified in
the Codex Alimentarius – Codex General Standard for Food Additives (Codex
Stan 192-1995, Rev.).

137. Special labelling requirement for cream powder, whole milk powder, skimmed milk
powder and partly skimmed milk powder

No person shall import, manufacture, pack, store, offer for sale or sell any package
that contains –
(a) cream powder or whole milk powder unless, in accordance with regulation 4, the
words “THIS PRODUCT IS NOT SUITABLE FOR INFANTS EXCEPT ON MEDICAL ADVICE”; or
(b) skimmed milk powder or partly skimmed milk powder unless, in accordance with
regulation 4, the words “THIS PRODUCT IS NOT SUITABLE FOR CHILDREN UNDER 5
YEARS EXCEPT ON MEDICAL ADVICE”;
or any such words are mentioned in a prominent place on the package.

57
138. Special labelling requirement for reconstituted whole milk, reconstituted skimmed
milk and reconstituted partly skimmed milk

No person shall import, manufacture, pack, store or sell any package containing –
(a) reconstituted whole milk in accordance with regulation 4, the words “NOT
SUITABLE FOR INFANTS EXCEPT ON MEDICAL ADVICE”; or
(b) reconstituted skimmed milk or reconstituted partly skimmed milk unless, in
accordance with regulation 4, the words “NOT SUITABLE FOR CHILDREN UNDER 5 YEARS
EXCEPT ON MEDICAL ADVICE”.

139. Special labelling requirement for filled milk powder, blend of skimmed milk and
vegetable fat in powdered form, and reduced-fat blend of skimmed milk powder and
vegetable fat in powdered form

No person shall import, manufacture, pack, store, offer for sale or sell any package
containing filled milk powder, blend of skimmed milk and vegetable fat in powdered form or
reduced-fat blend of skimmed milk powder and vegetable fat in powdered form unless, in
accordance with regulation 4 –

(a) the words “THIS PRODUCT IS NOT SUITABLE FOR CHILDREN UNDER 5 YEARS
EXCEPT ON MEDICAL ADVICE ” or any such words; and

(b) the type and amount of vegetable fat or oil used therein,

are mentioned on the label.

PART XVI – MEAT AND MEAT PRODUCTS

140. Different meat not to be processed together

(1) No person shall process or pack meat of different animals in the same section
of a meat processing establishment.

(2) Notwithstanding paragraph (1), nothing shall prevent a person from mixing
meat from animal of different common appellation for sale as a mixed meat product.

PART XVII – FISH AND FISH PRODUCT

141. Fish unsafe for human consumption

(1) Fish shall be unsafe for human consumption –

(a) where the fish is radioactive;

(b) where the fish contains a Total Volatile Basic Nitrogen (TVB-N) of more
than 25 milligrammes of nitrogen per 100 grammes of fish flesh; or

58
 (c) where the body fats of the fish have a peroxide value of more than 20.

(2) Paragraph (1)(c) shall not apply to elasmobranch fish, including chimaeras, ray,
shark and skate.

(3) Fish commonly known as dorade, tuna or becune shall be unsafe for human
consumption where the histamine value is more than 100 parts per million for one sample of
fish.

PART XVIII – PACKAGED WATER AND NATURAL MINERAL WATER

142. Prohibition

No person shall import, process, pack, store, offer for sale or sell packaged water for
human consumption unless it complies with the standards specified in regulations 143 to
145.

143. Packaged water

(1) Packaged water –

(a) shall comply with the guidance values as specified in the Fifteenth
Schedule; –

(b) may contain –

(i) minerals, naturally occurring or intentionally added;

(ii) carbon dioxide, naturally occurring or intentionally

added; and

(c) shall not contain –

(i) sugars;

(ii) additives other than carbon dioxide;

(iii) flavouring substances; or

(iv) other foodstuffs.

(2) In this regulation –

“packaged water” means water for human consumption obtained from a

source that is free from pollution and shall not include natural mineral water.

59
144. Special labelling requirements for packaged water

No person shall import, process, pack, store, offer for sale or sell packaged water for
human consumption unless, in accordance with regulation 4, it is not specified in the label
that the water has or may have therapeutic effects.

145. Special labelling requirements for natural mineral water

No person shall import, process, pack, store, offer for sale or sell natural mineral
water for human consumption unless, in accordance with regulation 4 –

(a) the name of the source from where the natural mineral water is obtained;

(b) the amounts of sodium, calcium, potassium, magnesium, bicarbonates,

chloride, sulphates and fluoride present; and

(c) a statement indicating that “THE PRODUCT IS NOT SUITABLE FOR INFANTS
AND CHILDREN UNDER THE AGE OF SEVEN YEARS” where the water contains,
per litre, more than 1.5 milligrammes of fluorides,

as specified on the label.

PART XIX – FSMS CERTIFICATION REQUIREMENT FOR FOOD ESTABLISHMENTS

146. FSMS certification for specific types of food establishments

(1) (a) Every food establishment –
(i) where mayonnaise is manufactured; or
(ii) where meat, milk or fish is processed; or
(iii) water or natural mineral water is bottled,
shall have a certified Food Safety Management System (FSMS).

(b) Notwithstanding paragraph (a)(ii), the supervising officer shall designate food
establishment where –
(i) meat; or
(ii) milk; or
(iii) fish is processed,
to have a certified Food Safety Management System (FSMS).

(c) A certificate referred to in subparagraphs (a) shall be accredited by –

(i) the Mauritius Accreditation Service under the Mauritius Accreditation
Service Act; or
(ii) such other Accreditation Body which is a signatory and member to ILAC
Mutual Recognition Arrangement (ILAC MRA) or to the International
60
 Accreditation Forum (IAF) Multilateral Recognition Arrangement (IAF
MRA).
(d) The certificate referred to in this regulation shall, upon request of the authorised
officer, be available for inspection.

(2) (a) No food business operator shall –

(i) manufacture mayonnaise; or
(ii) pack water or natural mineral water,
on any food establishment that does not possess a certified Food Safety Management System
(FSMS).
(b) No food business operator shall process –
(i) meat; or
(ii) milk; or
(iii) fish,
on a food establishment designated as such by the supervising officer under paragraph (1)(b) unless
such food establishment possesses a certified Food Safety Management System (FSMS).

(3) No food business operator shall import –

(a) mayonnaise; or
(b) processed meat, milk or fish; or
(c) packaged water and natural mineral water,
from any food establishment that does not possess a certified Food Safety Management System
(FSMS).

(4) Where a food business operator has been convicted of an offence under paragraph (2),
and he continues to operate his business, the Court may further order him to cease operation
forthwith.

PART XX – FOOD PROHIBITED FOR SALE IN EDUCATIONAL INSTITUTIONS

147. Sale of food on premises of educational institutions

(1) For the purpose of this regulation -

"educational institution" means a school or an institution in the pre-primary,

primary and secondary sub-sectors of education;

“pre-primary school” has the same meaning as in the Early Childhood Care and
Education Authority (Registration of Pre-Primary Schools) Regulations 2011

"primary school" has the same meaning as in the Education Act;

"secondary school" has the same meaning as in the Education Act.

61
 (2) No person shall, on the premises of any educational institution, sell any food
other than food which is specified in Part I of the Sixteenth Schedule.

(3) Notwithstanding paragraph (2), food items listed in Part II of the Sixteenth
Schedule may be sold on the premises of any educational institution which are provided
with appropriate kitchen and facilities, and which meet the requirements as specified in
regulation 35.

(4) Subject to paragraph (3), a food business operator shall ensure that food
prepared on the premises of any educational institution shall -
(a) not contain more than 10 grammes of total fats and oils per 100 grammes
of the food;
(b) not contain more than 5 grammes of added sugar per 100 grammes of
the food;
(c) not contain any added monosodium glutamate, soya sauce, mayonnaise;
and
(d) not be deep fried.

(5) Paragraphs (2), (3) and (4) shall not apply to the sale of food on premises of an
educational institution during occasional functions such as fancy fairs or any other special
celebration.

148 . Revocation
The following regulations are revoked -
(a) The Food Regulations 1999.
(b) Food (Sale of Food on Premises of Educational Institutions) Regulations
2009.

149. Commencement

These regulations shall come into operation on ……………………. 2023.

Made by the Minister on ……………………. 2023.

62
 FIRST SCHEDULE
[Regulation 4(1)(k)]

FOOD NOT REQUIRING INDICATION OF BEST-BEFORE

DATE OR USE-BY DATE

1. Alcoholic beverages containing at least 10 per cent alcohol by volume

2. Bakers’ or pastry-cooks’ wares, which given the nature of their content, are normally
consumed within 24 hours of their manufacture

3. Chewing gum

4. Confectionary products consisting of flavoured and/or coloured sugars

5. Fresh fruits and vegetables, including tubers, which have not been peeled, cut or
similarly treated

6. Non-fortified solid sugars

7. Non-iodised food grade salt

8. Vinegar
_______________

63
 SECOND SCHEDULE
[Regulation 24(1)]

LIST OF FOOD AND PRE-PACKED FOOD REQUIRING

PRE-MARKET APPROVAL

1. Any novel food

2. Food produced using gene technology

3. Irradiated food
_______________

64
 THIRD SCHEDULE
[Regulation 24(2)(a)]

MINISTRY OF HEALTH AND WELLNESS

THE FOOD REGULATIONS 2023

APPLICATION FOR PRE-MARKET APPROVAL OF FOOD AND PRE-PACKED FOOD INTENDED

FOR HUMAN CONSUMPTION

Name and address of importer/manufacturer ......................................................

..................................................................................................................................
..................................................................................................................................

Common name of food/product …...............…………..........................................

Scientific name of food/product (if any) …........…………….................................

Country of origin …................................................................................................

Any laboratory certificate produced ....................................................................

Composition of the food/product .........................................................................

Brand name ............................................................................................................

Type of package .....................................................................................................

Material used for packaging ..................................................................................

Specimen of label produced/not produced .........................................................

Any special storage conditions .............................................................................

Has the food been treated with ionising radiation ...............................................

Has the food been subjected to any treatment ....................................................

If so, indicate what treatment ................................................................................

Name of applicant ………………………….....…………………………………………

Address of applicant ………………………..…………………………………………..

…………………….......... …………………….
Signature of applicant Date
____________

65
 FOURTH SCHEDULE
[Regulations 24(2)(c),28(2)(c), 28(4)(d), 48(4)(d), 48(5)(b) and 48(7)(b)]

FEES FOR PRE-MARKET APPROVAL OF FOOD, CLEARANCE OF FOOD

AND FOOD HANDLER’S CERTIFICATE

PART I

Pre-market approval of food Fee per pre-market approval

granted (Rs)

Issue of pre-market approval of food 5000

PART II

Clearance of food Fee per clearance granted

(Rs)

For the purpose of verification of food and

issue of clearance to Customs 1000

PART III

Food Handler’s Certificate Fee per Food Handler’s

Certificate (Rs)

(1) Issue or renewal of Food Handler’s 300

Certificate

(2) Issue of a duplicate Food Handler’s 100

Certificate

________________

66
 FIFTH SCHEDULE
[Regulation 26]

LABORATORY FEES FOR FOOD ANALYSIS BY THE GOVERNMENT ANALYST AND

EXAMINATION BY THE FOOD MICROBIOLOGIST

PART I

Test parameters Fee per analysis/test

(Rs)

Acid insoluble ash 1,500

Acidity as lactic acid in milk 500

Alcohol content (by alcoholmeter) 1,000

Alcohol extract 1,000

Alkalinity 500

Alkalinity of water soluble ash 1,500

Ash 1,000

Boiling point 750

Brix 1,000

Calcium water soluble (in salt) 1,000

Colour in water 1,500

Conductivity 1,000

Fat content 2,500

Fibre in food 1,500

Fixed acidity in alcoholic drink 1,000

Free fatty acid 1,000

Freezing point 750

Gluten 1,000

67
Iodine value 1,500

Magnesium water soluble (in salt) 1,000

Matter insoluble in water 750

Melting point 750

Moisture 1,000

Peroxide value 1,000

pH 500

Plastics identification 1,000

Protein 1,000

Radioactivity 1,000

Rancidity 1,000

Refractive index 1,000

Saponification value 1,500

Sodium chloride content 1,000

Solubility in milk powders 1,000

Specific gravity 1,000

Sugar (sucrose) 1,500

Sulphate (in salt) 2,000

Thickeners/Gelling agent (qualitative) 2,000

Sulphur dioxide 1,000

Total solids 1,000

Total volatile nitrogen 2,000

Turbidity 1,000

Volatile acidity in alcoholic drink 1,000

68
Water soluble ash 1,000

PART II

Test parameters requiring hi-tech equipment Fee per analysis/test

(Rs)

Atomic absorption spectrophotometry

1,500
Fourrier transform infrared spectrophotometry
3,000
Gas chromatrography – mass spectrometry
12,000
Gas-liquid chromatography analysis
6,000
High performance ion chromatography analysis
6,000
High performance liquid chromatography analysis
6,000
Inductive coupled plasma – mass spectrometry
3,000
Polarimeter
6,000
Polymerase Chain Reaction analysis
6,000
Protein analyser
3,000
Liquid chromatograph – mass spectrometry
12,000
Ultra violet/visible spectrophotometry
3,000

PART III

Toxicological test Fee per analysis/test

(Rs)

Toxicological test 1,000

69
 PART IV

Microbiological examination Fee per examination/test

(Rs)

Microbiological examination 2000

PART V

Copy of Certificate Fee per copy

(Rs)

Copy of a certificate of analysis or examination 100

_______________

70
 SIXTH SCHEDULE
[Regulations 31(2), 32(2)(c), 32(3) and 34(c)]

MINISTRY OF HEALTH AND WELLNESS

CERTIFICATE OF SAMPLING
(under the Food Regulations 2023)

To ........................................................................................................
.............................................................................................................

This is to certify that in accordance with regulations 31(2), 32(2)(c), 32(3) and 34(c) of the
Food Regulations 2023, ….... (units or lots) of
…………………………………………….………………... (name of food) from a consignment of
…………………………………………………………………......... Ex ...............................................
and lying at .......................................
....................................... (address), have been taken for purposes of
analysis/microbiological/physical examination*.

The consignment has been/has not been* sealed until receipt of the result of the analysis or
examination.

………………………....................... ...............………………………
Name of authorised officer Signature of authorised officer

…………………….............. ....................................
Date Office stamp

………………………....................... ……………………................
Name of importer/agent Signature of importer/agent

…………………….............. ......................…………………….
Date Name

*Delete as appropriate
_______________

71
 SEVENTH SCHEDULE
[Regulation 31(4)]

MINISTRY OF HEALTH AND WELLNESS

REPORT OF SAMPLING TO THE MAURITIUS REVENUE AUTHORITY

(under the Food Regulations 2023)

To
The Director-General, Mauritius Revenue Authority

This is to certify that samples of food taken in accordance with regulation 31 of the Food
Regulations 2023 from a consignment of ………………………......
………………….……………………………………… (quantity, mark and name of food) in
accordance with bill of entry number ..............................., lying at
....…………………................... (place of landing) bearing seal number ................ and
consigned to ……………….....................................
...................................................... (name of importer).

The consignment has been analysed/examined* and found to comply/not to comply* with
the provisions of the Food Act 2022.

You are kindly requested to take action for the destruction/disposal* of the above mentioned
food commodities, in the interest of public health.

Please inform me about the date of destruction/disposal* thereof so as to enable supervision

by this Ministry.

………………………............. ………………………......
Name of authorised officer Signature of authorised officer

………………………. ....................................
Date Office stamp

* Delete as appropriate
_______________

72
 EIGHTH SCHEDULE
[Regulations 32(2)(c), 32(3) and 34(c)]

MINISTRY OF HEALTH AND WELLNESS

NOTICE OF SAMPLING TO THE FOOD BUSINESS OPERATOR

(under the Food Regulations 2023)

To ........................................................................................................

This is to certify that by virtue of regulations 32(2)(c) and (3) and 34(c) of the Food
Regulations 2023 and section 10 of the Food Act 2022, the hereunder specified foodstuffs
that had been lying at
……………………………………………………………………………………………………… (address)
have been taken for purposes of analysis/microbiological examination/physical
examination*.

Name of food Quantity

……………………….. ………………………..
Name of authorised officer Signature of authorised officer

……………………… ………………………
Name of food business operator Signature of food business operator

…………………….. ……………………….
Date Name

* Delete as appropriate
_______________

73
 NINTH SCHEDULE
[Regulation 35]

DESIGN AND CONSTRUCTION OF FOOD PREMISES

1. The food business operator of any food premises shall ensure

that –

(a) the building and facilities are of sound construction and maintained in
good repair;

(b) the building and facilities are appropriate for the activities for which the
premises are used;

(c) all construction materials are such that they do not transmit any
substance which affects or is likely to affect the safety of food found on
the premises;

(d) adequate working space is provided for the satisfactory performance of

all operations relating to the manufacturing, cooking or preparation of
food and for the fixtures, fittings and equipment used thereof;

(e) measures are taken to –

(i) exclude dirt, dust, fumes, smoke and other contaminants;

(ii) prevent the entry of flies, birds, rodents, domestic animals, pets
and other pests;

(iii) prevent the harborage of pests and rodents;

(f) the building and facilities are so designed as to facilitate hygienic

operations by means of a regulated flow in the process from the arrival of
raw material at the premises to the finished product, and shall provide for
appropriate temperature conditions for the process and product; and

(g) those areas where food is processed and where there is the likelihood of
cross-contamination, are adequately separated.

2. Water supply

The food business operator of any food premises shall ensure that his food
premises have an adequate supply of potable water at all times.

3. Sewage and waste water disposal

74
 The food business operator of any food premises shall ensure
that –

(a) the food premises have a sewage and waste water disposal system that –

(i) effectively disposes of all sewage and waste water; and

(ii) is constructed and located so that there is no likelihood of the

sewage and waste water polluting the water supply or
contaminating food.

(b) there is no sewage pipe, drain or inspection chamber in the building or

section where food is prepared.

4. Storage of garbage

The food business operator of any food premises shall ensure

that –

(a) there are on the premises adequate impervious garbage receptacles with
close fitting lid;

(b) where appropriate, foot operated pedal refuse receptacles are provided;

(c) all food refuse and garbage are placed in garbage receptacles which are
removed from the premises as often as necessary and at least daily;

(d) all garbage receptacles are cleaned and disinfected regularly;

(e) as directed by an authorised officer, a garbage room at low temperature

is provided for the storage of garbage before its collection and disposal.

5. Ventilation

The food business operator of any food premises shall ensure

that –

(a) his food premises have sufficient natural or mechanical ventilation, to

effectively remove fumes, smoke, steam and vapours from the food
premises, and

(b) any cooking point is adequately hooded.

6. Lighting

75
 The food business operator of any food premises shall ensure that his food
premises have a lighting system that provides sufficient natural or artificial light for
the activities conducted on the food premises.

7. Floors

The food business operator of any food premises shall ensure

that –

(a) floors are designed and constructed in such a way that is appropriate for
the activities conducted on the food premises;

(b) floors are –

(i) made of such materials, without crevices, for effective cleaning and
disinfection;

(ii) unable to absorb grease, food particles or water;

(iii) adequately sloped for liquids to drain to trapped outlets.

8. Walls and ceilings

The food business operator of any food premises shall ensure that walls and
ceilings are –

(a) designed and constructed in such a way that is appropriate for the
activities conducted on the food premises;

(b) provided where they are necessary, to protect food from contamination;

(c) sealed to prevent the entry of dirt, dust and pests;

(d) unable to absorb grease, food particles or water;

(e) able to be easily and effectively cleaned.

9. Fixtures, fittings and equipment

The food business operator of any food premises shall ensure

that –

(a) fixtures, fittings and equipment are –

(i) adequate for the production of safe food;

(ii) fit for their intended use;

76
 (b) fixtures and fittings are designed, constructed, located and installed, and
equipment are designed, constructed, located and, if necessary and as
directed by the authorised officer, installed, so that –

(i) there is no likelihood of food contamination;

(ii) they are able to be easily and effectively cleaned;

(iii) adjacent floors, walls, ceilings and other surfaces are able to be
easily and effectively cleaned;

(c) the food contact surfaces of fixtures, fittings and equipment are –

(i) able to be effectively cleaned and, if necessary, sanitized, if there is

a likelihood that they will cause food contamination;

(ii) unable to absorb grease, food particles and water, if there is a

likelihood that they will cause food contamination;

(iii) made of material that will not contaminate food;

(d) eating and drinking utensils are able to be effectively cleaned and
sanitized;

(e) all overhead structures and fittings are installed in such a manner as to
avoid contamination, directly or indirectly, of food or raw materials by
condensation or drip;

10. Hand washing facilities

The food business operator of any food premises shall ensure

that –

(a) the food premises is provided with hand washing facilities –

(i) that are located where they can be easily accessed by food
handlers;

(ii) within areas where food handlers work, if their hands are likely to
be a source of contamination of food;

(iii) immediately adjacent to toilets or toilet cubicles;

(b) subject to subparagraph (a), hand washing facilities shall

be –

77
 (i) permanent fixtures;

(ii) connected to or otherwise provided with a supply of running

potable water;

(iii) of a size that allows easy and effective hand washing; and

(iv) clearly designated for the sole purpose of washing hands, arms
and face.

11. Other facilities

The food business operator of any food premises shall ensure that the food
premises is provided –

(a) where appropriate, with a scullery separated from the food preparation
area and provided with dishwasher or stainless steel washbasins with
potable running water;

(b) where appropriate, with toilet facilities as directed by the authorised

officer, which shall not have direct communication with the area where
food is processed, stored, sold or consumed and which shall at all times
be kept clean, well ventilated and lit;

(c) with adequate and conveniently located changing facilities for

employees, where all personal effects and clothing shall be kept; and

(d) with any such facilities which may be imposed by an authorised officer.

78
 TENTH SCHEDULE
[Regulation 48(2)(a)]
MINISTRY OF HEALTH AND WELLNESS
FOOD HANDLER’S CERTIFICATE
( issued under the Food Regulations 2023)

FOOD REGULATIONS 2023 PASSPORT

Ref: no. ……………………/20…….. SIZE
PHOTO
Health Office……………………………..…

This is to certify that Mr/Mrs/Miss* ……………………………………….

…………………………………..……… (name) holder of National Identity Card no. /Passport
no.* …………………….. and residing at ……………………………………………………….……….
……………………………………………………………………………… has been examined** by
me.
Based on the medical examination, he/she* is found free from any infectious or
communicable diseases of food safety concern and hence fit to work in a food
establishment.

……………………….. ………………………..

79
 Name of Government Medical Officer Signature

…………………….. ……………………….
Date Office stamp

This is to certify that Mr/Mrs/Miss* ……………………………………….

…………………………………..……… (name) has successfully followed a food safety and
hygiene training course which was completed on ………………..(date) and has been awarded
a food handler certification.
The Food Handler’s Certificate hereby issued to Mr/Mrs/Miss*
……………………………………….
…………………………………..……… (name) shall remain valid for a period of 3 years from the
date of its issue.

……………………….. ………………………..
Name of Authorised Officer Rank of Authorised Officer

…………………….. ……………………….
Signature of Authorised Officer Date

……………………….
Stamp

Notes
* Delete as appropriate
** The medical examination may include any test required to confirm any communicable or infectious disease
of food safety concern which the person is suspected to be suffering from on clinical examination

80
 ELEVENTH SCHEDULE
[Regulation 63(2)(a)]

MICROBIOLOGICAL STANDARD FOR SPECIFIED FOOD

MANDATORY (colony forming unit [cfu]) INDICATOR

(cfu)
Specified food Salmonella Campy- E. Coli Vibrio Other S. Coliform E.coli Listeria Clostri- Bacillus Total Coliform
lobacte O157 and cholerae pathogenic aureus monoc- dium cereus viable
r other vibrio ytogenes perfrin- count
Shiga- gens (30 0C)
toxin 48 hrs
producing
E. Coli
Raw meat & Absent in 25 Absent in
poultry g 25 g

Raw bivalve Absent in 25 Absent in Absent in 25 3 per g

molluscs g 25 g g

Raw fish Absent in 25 Absent in Absent in 25

g 25 g g
Raw Absent in 25 Absent in 100 per g
Crustacean g 25 g

Dried sea Absent in 25 Absent in Absent in 25

food g 25 g g

Cooked Absent in 25 Absent in Absent in 25 100 per 10 per 106

crustacean g 25 g g g g per g

Egg (liquid, Absent in 25 100 per 10 per g 105

dried, white g g per g
or yolk)

Infant formula Absent in 25 10 per 10 per g Absent in 104

g g 25 g per g

Pasteurised Absent in 25 Absent in Absent in

81
milk mL 1 mL 25 mL

Full cream Absent in 25 100 per 10 per g Absent in 104

milk powder, g g 25 g per g
skimmed milk
powder, milk
cream

MANDATORY (colony forming unit [cfu]) INDICATOR

(cfu)
Specified food Salmonella Campy- E. Coli Vibrio Other S. aureus Coliform E.coli Listeria Clostri- Bacillus Total Coliform
lobacter O157 and cholerae pathogen monoc- dium cereus viable
other ic vibrio ytogenes perfrin- count
Shiga-toxin gens (30 0C)
producing 48 hrs
E. Coli
Ice-cream, milk Absent in 25 100 per g 1 per g Absent in 105 100 per g
ice g 25 g per g

Yoghurt Absent in 25 100 per g Absent in Absent in 10 per g

g 1g 25 g

Milk-based Absent in 25 Absent in Absent in 100 per g 1 per g Absent in 105 100 per g
drink g 25 g 25 g 25 g per g
Canned food Absent Absent Absent Absent Absent Absent Absent Absent Absent

Ice Absent in Absent in

100 mL 100 mL

Cheese Absent in 25 100 per g 10 per g Absent in

g for for 25 g
pasteurised pasteuris
ed
1,000 per g 10,000 Absent in
for per g for 25 g
unpasteuris unpasteu
ed rised

82
Ready to eat Absent in 25 Absent in Absent in Absent in Absent in 100 per g 100 per g Absent in 100 per g 10,000 106 10,000
food other than g 25 g 25 g 25 g 25 g 25 g per g per g per g
those specified
above
_______________

83
 TWELFTH SCHEDULE
[Regulation 63(2)(e)]

MAXIMUM PERMISSIBLE LEVEL OF METHANOL IN

ALCOHOLIC BEVERAGE

Maximum permissible level Alcoholic beverage

of Methanol
(g/L of 100 per cent Vol. Alcohol)

0.05 London gin

0.1 Vodka

2 Wine spirit

2 Brandy (other than grape white brandy, pear

brandy and plum brandy)

7 Grape white brandy, pear brandy and plum

brandy

7 Other spirits, fruit wine, vegetable wine and

mead

10 Grape marc spirit

10 Fruit spirits

10 Cider spirit, perry spirit and cider and perry

spirit

12 Fruit spirits produced from the following

fruits or berries –

— apple (Malus domestica Borkh.),

— apricots (Prunus armeniaca L.),

— plum (Prunus domestica L.),

— quetsch (Prunus domestica L.),

— mirabelle (Prunus domestica L. subsp.

syriaca (Borkh.) Janch. ex Mansf.),
 — peach (Prunus persica (L.) Batsch),

— pear (Pyrus communis L.), except for

Williams pears (Pyrus communis L. cv
‘Williams’),

— blackberry (Rubus sect. Rubus),

— raspberry (Rubus idaeus L.).

13.5 Fruit spirits produced from the following
fruits or berries

— quince (Cydonia oblonga Mill.),

— juniper berry (Juniperus communis L. or

Juniperus oxicedrus L.),

— Williams pear (Pyrus communis L. cv

‘Williams’),

— blackcurrant (Ribes nigrum L.),

— redcurrant (Ribes rubrum L.),

— rosehip (Rosa canina L.),

— elderberry (Sambucus nigra L.),

— rowanberry (Sorbus aucuparia L.),

— sorb apple (Sorbus domestica L.),

— wild service tree (Sorbus torminalis (L.)

Crantz).

15 Fruit marc spirit

_______________

85
 THIRTEENTH SCHEDULE

[Regulations 96 (d) (v) and 97 (d) (v) ]

PERMITTED FOOD CONDITIONER

1. Amylase

2. Aspariginase

3. Bromelain

4. Cellulase

5. Glucose oxydase (from Aspergillus niger var)

6. Hemicellulase, including xylanase, endoxylanase

7. Protease (from Aspergillus oryzae)

8. Protease (from Bacillus subtilis)

9. All other enzymes authorised in the French Regulations ‘Arrêté du 19 Octobre

2006 relatif à l’emploi d’auxiliaires technologiques dans la fabrication de
certaines denrées alimentaires’

86
 FOURTEENTH SCHEDULE
[Regulation 123]

PERMITTED LEVEL OF FATTY ACIDS

PART I

Food Maximum Permissible Level

Hydrogenated oils and fats for industrial Not more than 85 per cent saturated fatty acids
purpose on the fat weight basis

Industrial margarine Not more than 75 per cent saturated fatty acids
on the fat weight basis

Margarine rich in polyunsaturates (1) Not less than 45 per cent of

polyunsaturated fats on the fat weight basis;
and
(2) Not more than 25 per cent of saturated
fats on the fat weight basis

Other margarine, fat spreads, minarine (1) Not more than 60 per cent saturated fats
or halvarine and blended spreads on the fat weight basis; and
(2) Not more than 25 per cent of palm oil

Edible mixtures or preparations of (1) Not more than 23 per cent of saturated
animal or vegetable fat or oil or of fatty acids; and
fractions of different fats or oil
(2) Not more than 25 per cent of palm oil

Edible oil or fat Not more than 23 per cent of saturated fatty
acids

Vegetable fats (Vanaspati) Not more than 30 per cent saturated fatty acids
on the fat weight basis

PART II

Food Maximum permissible level of saturated

fatty acids per 100g of edible portion
(%)

87
Pasta, breakfast cereals, malted instant 5
drink powder
Ready to eat savouries, fried cakes, fried 10
chicken, and noodles

Chocolate other than dark chocolate, 25

coffee whiteners and confectioneries

Imitation cream, cooking chocolate and 35

dark chocolate

Biscuits, wafers, pastry, cakes, filled milk 15

and filled milk product thereof (not
including other types of milk and milk
products)

Any other food product 25

PART III

Food Maximum permissible level

Food in which edible fat is used as an Contain industrial trans fatty acids not more
ingredient. than 2g per 100g of total fat present in the
food.

___________

88
 FIFTEENTH SCHEDULE
[Regulation 143(1)(a)]

GUIDELINE VALUES FOR PACKAGED WATER

PARAMETER STANDARDS

Microbial

Total coliforms

E-coli

Faecal streptococcus
Shall not be detectable in any 100 ml
Salmonella sample

Pseudomonas aeruginosa

Sulphite reducing clostridia

Pathogenic protozoa
Absent

Physico-chemical

pH 6.5-8.5

Total dissolved solids 1,000 mg/l

Turbidity 5 NTU

Organoleptic

Colour 20 Pt-Co

Taste and odour Not objectionable

89
Trace metals

Aluminium 0.2 mg/l

Arsenic 0.01 mg/l

Cadmium 0.003 mg/l

Copper 1 mg/l

Lead 0.01 mg/l

Mercury 0.001 mg/l

Total Chromium 0.05 mg/l

Zinc 3.0 mg/l

Nickel 0.02 mg/l

Anions

Chloride 250 mg/l

Fluoride 1.5 mg/l

Sulphate 250 mg/l

Nitrate 50 mg/l (as NO3)

Nitrite 3 mg/l (as NO2)

Bromate 10 µg/l

Pesticides

Aldrin and dieldrin 0.03 µg/l

DDT 1 µg/l

Lindane 2 µg/l

HCB 1 µg/l

Methoxychlor 20 µg/l

90
Heptachlor and Heptachlor oxide 0.03 µg/l

_______________

SIXTEENTH SCHEDULE
[Regulations 147 (2) and (3)]

Food which may be sold on the premises of educational institutions

Part I

Cassava (manioc) (plain boiled)

Dholl pourri

Farahta

Fresh and cooked vegetables

Fruits, other than fruits cooked in sugar, candied fruits, crystallized fruits and
pickled fruits

Idli

Maize (boiled or roasted)

Nuts (boiled or roasted), including almonds, cashew nuts, peanuts and

pistachios

Oundé

91
Pain Fourré

Packaged water

Pancake

Panini

Pizza

Pitta bread

Pre-packed juice without added sugar

Pudding made of bread, cassava, maize, semolina, vermicelli or any other

authorised food in this schedule

Pulses (boiled or roasted)

Puttu

Reduced fat yoghurt with or without fruits and without any sweetening
substance and shall contain –

(a) more than 0.5 but less than 3 per cent milk fat;
(b) added sugar (sucrose contents) not exceeding 5 per cent; and
(c) a calcium content from milk of at least 200 milligrammes.

Sandwich

Sweet potato (patate) (plain boiled)

Wrap

Yam (arouille) (plain boiled)

Part II

Air-fried food

Rice

92
Pasta

Breakfast cereals (not coated with sugar, chocolate or honey)

Skimmed milk

Cheese

Meat, fish and chicken

Eggs

Pulses

Soya products except soya sauce

Freshly prepared fruit juice without the addition of sugar

93