Food Quality

Published under Government Notice No. R. 918 of 30 July 1999,
As corrected by:
Government Notice No. R. 723 of 12 July 2002
Regulation 3 (1) determines that, no person shall handle or permit food to be handled:-

• on food premises in respect of which a valid certificate of acceptability has not been issued or is not in force;
• in contravention of any restriction or condition or stipulation contained in such certificate of acceptability.

A certificate of acceptability is issued to the person in charge by the local authority once after an inspector have carried out an inspection and is satisfied that the food premises comply with the provisions of regulation 5, Standards and requirements for
food premises and 6, Standards and requirements for facilities on food premises.
A certificate of acceptability shall be displayed in a conspicuous place for the information of the public on the food premises in respect of which it was issued or a copy thereof shall immediately be made available on request where the display there-of is impractical.
If the person in charge of a food premises is replaced by another person, such person shall inform the local authority in writing of such replacement within 30 days after the date thereof and the local authority shall subject to the provisions of regulation 4(2), issue a new certificate of acceptability in the name of the new person in charge.
These regulations also determine the general hygiene requirements for food premises and the transportation of food.
Application Procedure for a Certificate of Acceptability in Respect of Food Premises
The person in charge of any food premises wishing to obtain a certificate of acceptability in respect of such food premises shall apply therefore in writing to the local authority in whose area of jurisdiction the food premises are situated on the appropriate application form.
Upon receipt of an application referred, the local authority shall without delay refer the application to an inspector for consideration.
An inspector may, in considering such an application, request such further information as he or she may deem
necessary or expedient from the applicant or from any other person.
If an inspector, after having carried out an inspection, is satisfied that the food premises concerned, having due regard to existing conditions of the adjacent land and facilities:

• do in all respects comply with the provisions of regulations 5 and 6; a local authority shall issue a certificate of acceptability in the name of the person in charge.
• do not in all respects comply with the provisions of regulations 5 and 6, a local authority may, subject to the provisions of regulation 4(2), grant an extension for a maximum of six months to enable the person in charge so to change or equip the food premises that they comply with the provisions in question: Provided that during the said period of extension the provisions of sub regulation (1) shall not apply to the person concerned.

Food Condemnation Procedure Condemnation of foodstuffs is executed under Regulations Relating to Inspections and Investigations – R1128 of 24 May 1991

• Condemnations will take place upon routine inspections and or when being called for by particularly the bigger chain stores in the event of a fridge failure.
• Detention of foodstuffs by written order takes place pending laboratory confirmed results about suspect foodstuffs.
• Such detention can take place on the premises concerned or any other premises deemed suitable.
• Such a detention order is not to exceed 30 days, a period within which detained food is not to be removed or tempered
• with, all be it with the written permission of the E.H.P concerned. Seizure Follows Detention:
• Subsequent to examination results confirming the sample and thus the consignment it originates from as unsound for human consumption
• Serve a written order of intention to have items seized and disposed at the owner’s expense, in a manner deemed suitable by the E.H.P. Cost of Disposal: One of two options
• Council vehicles to be used for physical removal and disposal; for owner’s, company’s or shop’s account or
• The owner/ company or shop uses its own transport with the disposal being supervised by the E.H.P.
• No written order/condemnation certificate to be issued under any circumstances without the E.H.P having overseen the
• removal and disposal of condemned foodstuffs.