Food Regulations 2024 PDF

LEGAL SUPPLEMENT 1015 to the Government Gazette of Mauritius No. 92 of 7 September 2024 Government Notice No. 142 of 2024 THE FOOD ACT 2022 Regulations made by the Minister under section 24...

LEGAL SUPPLEMENT 1015 to the Government Gazette of Mauritius No. 92 of 7 September 2024 Government Notice No. 142 of 2024 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 2024. 2. Interpretation In these regulations – “Act” means the Food Act 2022; “alcohol” means ethanol or ethyl alcohol produced by fermentation of products of agricultural origin; “alcoholic beverage” means a beverage having an alcoholic strength exceeding 0.5 per cent of alcohol by volume; “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, 1016 Government Notices 2024 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; “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; “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; “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  Government Notices 2024 1017 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; “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 in such way that does not occur naturally by matting and/or natural recombination; “genetically modified food” means food composed of or containing genetically modified or genetically engineered organisms obtained through modern biotechnology, or food produced from but not containing genetically modified organisms obtained through modern biotechnology; 1018 Government Notices 2024 “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; “infectious or communicable disease” means a disease of food safety concern that can be transmitted from an infected person  Government Notices 2024 1019 to another through contamination and consumption of food containing pathogenic microorganisms; “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; “lot” means a definitive quantity of a food commodity produced essentially under the same conditions; “potable water” means water which complies with the standards set out in the Environment Protection (Drinking Water Standards) Regulations 1996; “p.p.m” means parts 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; 1020 Government Notices 2024 “processing”, in relation to food – (a) includes any physical, chemical or biological treatment or process or combination of these resulting in a substantial change in the primary state of the food; but (b) does not include – (i) boning; (ii) paring; (iii) grinding; (iv) cutting; (v) cleaning; (vi) trimming; (vii) peeling; (viii) mixing; (ix) forming; (x) sorting; or (xi) grading; “public conveniences” means 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 its –  Government Notices 2024 1021 (a) best-before date; or (b) use-by date; “TradeNet” has the same meaning as in the Customs Act; “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 such requirements for, the applicable law relating to, and such procedures and conditions – (i) for an application for a permit, an authorisation, a clearance for any food imported or exported under the Act; or (ii) as the supervising officer may determine; (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 1022 Government Notices 2024 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 beverages 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; (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 function 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 durably printed using laser or inkjet printers on the package or  Government Notices 2024 1023 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 “genetically modified” in conjunction with the name of the genetically modified food; (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 gelatine, a statement that the food contains gelatine, and the common name of the animal from which the gelatine 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 the stated food the quantity in the applicable International Units; (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 such as wheat, rye, barley, oats, spelt or their hybridised strains and products of these; 1024 Government Notices 2024 (ii) crustaceans 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, other than a single ingredient food and alcoholic beverages, 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; (viii) dietary fibre; and (ix) trans fat. (2) Where the particulars referred to in paragraph (1) are displayed in any official language of any country an additional label  Government Notices 2024 1025 bearing a translation of the particulars, in English or French language, shall be affixed on the package in such manner as an authorised officer may direct. (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, on an 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 function 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 vitamin or mineral or amino acid, in the applicable International Units. (b) The label referred to in subparagraph (a) shall be affixed before the food is put on sale. 1026 Government Notices 2024 5. Required wording for date marking on labels (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”, “E”, “ED” 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 is provided 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 such manner, by such name or with such pictorial suggesting a comparison with another food for which a standard is provided in these regulations, that it may mislead a person. 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 in a similar product 5. Lightly salted a minimum of 50 per cent less sodium than in a similar product 6. No salt added No sodium chloride added, no salt compounds or salt substitutes  Government Notices 2024 1027 8. Low calorie food (1) No person shall import, manufacture, process, pack, store, offer for sale or sell any food labelled as – (a) “LOW CALORIE”, unless the food contains not more than 40 calories per 100 grammes of food or 20 kilocalories per 100 millilitres 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 4 kilocalories per 100 grammes or 100 millilitres 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 conditions specified in paragraph (1)(b). 9. Substitution of trade mark for name of food 1028 Government Notices 2024 No person shall substitute the name of a food by a trade mark, brand name or fancy name, that falsely or misleadingly describes the food. 10. Sale of pre-packed food 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; (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 –  Government Notices 2024 1029 (a) store the food in a segregated and clearly marked space; and (b) as soon as reasonably practicable, destroy or otherwise dispose of it in such manner as the supervising officer may determine. (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, including – (i) the best-before date or use-by date; and (ii) the manufacturing date or lot number. (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 – (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 1030 Government Notices 2024 (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) where the largest surface area is less than 10 square centimetres, 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 is not food grade.  Government Notices 2024 1031 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. 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 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 the 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. 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. 1032 Government Notices 2024 23. Provision as to false and misleading advertisement No person shall publish or be party to the publication of any advertisement which – (a) falsely describes any food; or (b) is likely to mislead as to the safety, nutritional quality or nature of the food. PART III – PRE-MARKET APPROVAL PERMIT 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) be through the TradeNet or in the form set out in the Third Schedule; (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  Government Notices 2024 1033 (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. 1034 Government Notices 2024 25. Criteria for granting a pre-market approval permit (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 for sale only 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. PART IV – EXAMINATION AND SAMPLING OF FOOD 28. Clearance of food by Customs (1) Any person who imports any food that requires a clearance shall make an application for such clearance. (2) An application for a clearance shall –  Government Notices 2024 1035 (a) be made to the supervising officer through the TradeNet or in such other form and manner as the supervising officer may determine; (b) be accompanied by such documents as may be specified in the guidelines; (c) be accompanied by the appropriate fee specified in Part II of the Fourth Schedule. (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 food required to be verified, analysed or examined, the supervising officer may, not later than 2 days after the food is verified, analysed or examined, as the case may be, grant or refuse the application and inform the applicant accordingly. (b) 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. (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 food imported in accordance with section 25B of the Customs Act. (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. 1036 Government Notices 2024 (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 verifying 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 (1) Every importer or manufacturer shall, for a period of 12 months, keep in his possession the original certificates referred to in regulations 24(2)(b) and 28(2)(b). (2) The original certificates shall, upon request, be available for inspection by an authorised officer. 30. Examination of whole consignment (1) Where the authorised officer is of the opinion that a whole consignment requires 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.  Government Notices 2024 1037 (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) Where any imported food does not comply with these regulations and is unsafe for human consumption, the supervising officer may require the importer to re-export the consignment at his own costs. 31. Sampling of imported food (1) (a) Notwithstanding that a consignment of food is in the custody of the Director-General, an authorised officer may, in accordance with section 10 of the Act, take a sample for the purpose of analysing or examining it. (b) For the purpose of taking a sample for analysis or examination under subparagraph (a), the procedure shall be as set out in regulations 32 and 34. (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 and found not to comply with the provisions of the Act, the authorised officer shall forthwith report back to the Director-General 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 1038 Government Notices 2024 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 set out in the Sixth Schedule or 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 it 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 or physical examination, the officer shall give notice in the form set out in the Sixth Schedule or 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 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.  Government Notices 2024 1039 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 set out 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. 1040 Government Notices 2024 (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; (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 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, birds, rodents, and any other pests and domestic animals, including 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.  Government Notices 2024 1041 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 intervals 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 the 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 – (a) in any room or place which is directly connected 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, which shall be food grade; 1042 Government Notices 2024 (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, 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. 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 The food business operator of any premises where food that is ready for immediate consumption are sold, shall ensure that any  Government Notices 2024 1043 plate, glass, spoon, fork, knife or other cutlery that is used to prepare or serve food is – (a) thoroughly cleansed with hot water and detergent, as soon as practicable after use, and are kept clean until again required for use; and (b) not chipped, cracked, broken, or rusty, or in such a condition 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 a container for drinking straws in clean order; and (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 the 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 1044 Government Notices 2024 (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 on such conditions as he may determine. (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.  Government Notices 2024 1045 (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 Part III of the Fourth Schedule, issue to the person a Food Handler’s Certificate bearing the word ‘DUPLICATE’. (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 and who, at a material time, is attained of an infectious or communicable disease, the supervising officer shall forthwith suspend his Food Handler’s Certificate. (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; 1046 Government Notices 2024 (c) wear a clean hair covering for the purpose of effectively preventing his hair from coming into contact with food or any surface which the food is liable to come into contact with; (d) not wear earrings or jewels, watch, nail varnish and rings; (e) not use dirty wiping cloth; 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 or communicable disease, or is in contact with a person who is suffering from any infectious or communicable 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 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 disease.  Government Notices 2024 1047 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 that is contaminated or has been exposed to dust, fumes, insects or rodents. 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 avoid – (a) developing excessive levels of food poisoning bacteria or formation of toxins to levels that are unsafe for consumers; and (b) spoilage. (2) In this regulation – “perishable food” includes the following food that may contain food poisoning bacteria and are capable of 1048 Government Notices 2024 supporting growth of bacteria or formation of toxins to levels that are unsafe for consumers, if the food is not kept in such temperature control as may be appropriate – (a) raw and cooked meat, including poultry, or foods containing meat, including poultry, such as casseroles, curries and lasagne; (b) dairy products such as milk, yoghurt, custard and dairy-based desserts; (c) seafood, excluding live seafood; (d) cut or processed fruits and vegetables; (e) cooked rice and pasta; (f) foods containing eggs, egg products, beans, nuts or other protein rich foods, such as quiche and soy products; (g) cream-filled pastries; “temperature control” means maintaining perishable food at such temperature as may be required to minimise the growth of infectious or toxigenic microorganisms so that the microbiological safety of the food is not adversely affected during the time the food is at – (a) a temperature not exceeding 4 degrees celsius; (b) a temperature of not less than 60 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  Government Notices 2024 1049 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; (c) the compartment is, at all times – (i) adequately protected from anything 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 does not carry any other thing or any person. 57. Sanitary requirements for food vehicle (1) Any person or food business operator who sells any food for immediate consumption in a food vehicle shall ensure that – 1050 Government Notices 2024 (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 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 condition and kept clean; (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 water; and (i) ready to eat food is sold in disposable containers. (2) In this regulation – “food vehicle” means any vehicle that is used for the transportation, preparation, storing and selling of food for immediate consumption.  Government Notices 2024 1051 58. Prohibition 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 or chilled 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 – (a) adequately protected from such that may contaminate the food that is transported in the vehicle; (b) kept free from flies, pests and dust; (c) kept clean; and (d) 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 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. 1052 Government Notices 2024 (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, deterioration and spoilage. 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 condition; (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) for the purpose of avoiding flies, foul smell or such other nuisance, provision is made for appropriate  Government Notices 2024 1053 drainage in the cold room to drain water if there is any leakage or after cleaning; and (g) the area outside the cold room where frozen food is sliced is adequately protected from flies. (2) In this regulation – “cold room” means a refrigeration room whose inner volume is 2.5 cubic metres or more. PART VI – CONTAMINANTS 62. Interpretation In this Part – “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” includes 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 1054 Government Notices 2024 (iii) any substance applied to crops, 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. 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 – General Standard For Contaminants and Toxins in Food and Feed (CXS 193-1995). (c) Pesticide residue shall not be in excess of the limit established by the Codex Alimentarius – Codex Pesticide Residues Online Database. (d) Veterinary drug residue shall not be in excess of the limit established by the Codex Alimentarius – Maximum Residue  Government Notices 2024 1055 Limits (MRLs) and Risk Management Recommendations (RMRs) for Residues of Veterinary Drugs in Foods (CX/MRL 2-2021). (e) The maximum permissible level of methanol in alcoholic beverage derived from ethyl alcohol shall not exceed the maximum permissible level specified, 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 migration level of Bisphenol A per kilogramme of food – (i) in feeding bottles, plastic containers used for food packaging; and (ii) from varnishes or coatings applied to any packages, contact material or container used for food packaging, shall not exceed 0.05 milligramme. 64. Exemptions, scientific research and food naturally containing excess contaminants Regulation 63 shall not apply to 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. 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. 1056 Government Notices 2024 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 same 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, on the same premises, prepare or offer for sale food for human consumption. (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 KiloGrays nor more than 10 KiloGrays. (2) For the purpose of controlling sprouting, pest disinfestation or weeding, herbs and spices may be subject to ionising irradiation to not more than 6 KiloGrays.  Government Notices 2024 1057 (3) For the purpose of controlling sprouting and pest disinfestation, including the control of weeds, a plant material for a herbal infusion may be irradiated to not more than 6 KiloGrays. (4) Plant material for a herbal infusion may, for the purpose of bacterial decontamination, be irradiated to not less than 2 KiloGrays nor more than 10 KiloGrays when sold as such. (5) In this regulation – “irradiation”, in relation to food, means subjecting the food to ionising radiation; “plant material for a herbal infusion” – (a) means fresh, dried or fermented leaves, flowers and other parts of plants used to make beverages; but (b) does not include tea. 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. Interpretration 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 of not less than zero degree celsius nor more than 4 degrees celsius; 1058 Government Notices 2024 “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 a temperature of not less than zero degree celsius nor more than 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 less, except for brine frozen fish intended for canning which may be maintained at a temperature not exceeding -9 degrees Celsius. 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 – (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 exceeding 4 degrees Celsius; or  Government Notices 2024 1059 (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 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. 1060 Government Notices 2024 (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. 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, offering for sale, keep the following categories of food in the same freezer or chilled cabinet, unless he provides separate compartments in the chilled cabinet or freezer in respect of each category – (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  Government Notices 2024 1061 (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, other than a chilled cabinet that is used exclusively as cooler for beverages, 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 and calibrated at least once a year by an accredited calibrating body. (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 – General Standard for Food Additives (CODEX STAN 192-1995). 1062 Government Notices 2024 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 – General Standard for Food Additives (CODEX STAN 192-1995). 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 – General Standard for Food Additives (CODEX STAN 192-1995). (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 any colouring substance which contains 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; (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  Government Notices 2024 1063 laid so as to disguise the effects of the use of faulty raw materials or unhygienic practices or undesirable techniques during the course of any of the manufacture, processing, preparation, treatment, packing, transport or storage of food 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 REGULATIONS (EC) No. 1334/2008. (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 REGULATIONS (EC) No. 1334/2008. (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 REGULATIONS (EC) No. 1334/2008. 89. Good manufacturing practice (1) Where the prescribed limit for a food additive in the Codex Alimentarius – General Standard for Food Additives (CODEX STAN 192-1995) is stated to be “Good Manufacturing Practice (G.M.P)”, the food additive added to food during manufacturing or processing 1064 Government Notices 2024 shall not exceed the amount required to accomplish the purpose for which that additive is required to be added to that food. (2) Where the prescribed limit for a permitted flavouring substance in the Regulation (EC) No. 1334/2008 is stated to be quantum satis, the food additive added to food during manufacturing 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 or quantum satis, as the case may be, 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 – GENERAL STANDARD FOR FOOD ADDITIVES (CODEX STAN 192-1995) or REGULATION (EC) No. 1334/2008; or (b) in relation to which the maximum permitted level is not prescribed in the Codex Alimentarius – GENERAL STANDARD FOR FOOD ADDITIVES (CODEX STAN 192-1995) or REGULATION (EC) No. 1334/2008, the Chief Government Analyst may certify whether the use of the additive may be authorised 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 –  Government Notices 2024 1065 (a) food grade salt; (b) iodised salt; (c) reduced sodium salt mixtures; or (d) such other salt as the supervising officer may approve. (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 – (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 – General Standard for Food Additives (CODEX STAN 192-1995). 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; 1066 Government Notices 2024 (c) shall contain not less than 15 p.p.m nor 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 – General Standard for Food Additives (CODEX STAN 192-1995). 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 – General Standard for Food Additives (CODEX STAN 192-1995). 94. Conditions of sale of salt and labelling (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  Government Notices 2024 1067 (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 – WHEAT FLOUR 95. Interpretation In this part – “MS” means Mauritian Standard as referred to in the Mauritius Standards Bureau Act; “wheat flour” means a product which shall be 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; “white bread” means a product obtained by baking a yeast leavened dough composed of fortified white wheat flour, yeast, edible salt, water permitted leavening agent and bread improver; “wholemeal bread” means a product obtained by baking a yeast leavened dough composed of fortified wholemeal wheat flour, yeast, edible salt, water permitted leavening agent and bread improver. 96. Prohibition (1) No person shall manufacture wheat flour unless it is fortified with micronutrients and at levels as specified in Table 2 of MS 262. 1068 Government Notices 2024 (2) Notwithstanding paragraph (1), wheat flour manufactured for export may not be fortified. 97. Standards for white wheat flour White wheat flour – (a) shall contain not more than 14.0 per cent moisture on a mass by mass basis; (b) shall not exceed total aflatoxin level of 10 microgrammes per kilogramme; (c) 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 – General Standard for Food Additives (CODEX STAN 192- 1995); and (v) any permitted food conditioner as set out in the Thirteenth Schedule provided that it shall not contain whole or part of any animal, including birds, insects, fresh water or marine animals or eggs or products of any animal origin. 98. Standards for wholemeal wheat flour Wholemeal wheat flour – (a) shall contain not more than 14.0 per cent moisture on a mass by mass basis;  Government Notices 2024 1069 (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) 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 – General Standard for Food Additives (CODEX STAN 192- 1995); and (v) any permitted food conditioner as set out in the Thirteenth Schedule provided that it shall not contain whole or part of any animal, including birds, insects, fresh water or marine animals or eggs or products of any animal origin. 99. Standards for fortified white wheat flour Fortified white wheat flour – (a) shall contain the same micronutrients and at the same levels as specified for fortified wheat flour in Table 2 of MS 262; (b) shall contain not more than the same maximum level of moisture as specified for fortified wheat flour in Table 1 of MS 262; (c) shall not exceed the same total aflatoxin level as specified for fortified wheat flour in MS 262; 1070 Government Notices 2024 (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 – General Standard for Food Additives (CODEX STAN 192-1995); and (v) any permitted food conditioner as set out in the Thirteenth Schedule, provided that it shall not contain whole or part of any animal including birds, insects, fresh water or marine animals or eggs or products of any animal origin. 100. Standards for fortified wholemeal wheat flour Fortified wholemeal wheat flour – (a) shall contain the same micronutrients and at the same level as specified for fortified wheat flour in Table 2 of MS 262; (b) shall contain not more than the same maximum level of moisture as specified for fortified wheat flour in Table 1 of MS 262; (c) shall not exceed the same total aflatoxin level as specified for fortified wheat flour in MS 262; (d) shall contain not less than 2.5 per cent of dietary fibre on a moisture free basis; and (e) may contain – (i) malted products with enzymatic activity made from wheat, rye or barley;  Government Notices 2024 1071 (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 – General Standard for Food Additives (CODEX STAN 192- 1995); and (v) any permitted food conditioner as set out in the Thirteenth Schedule, provided that it shall not contain whole or part of any animal including birds, insects, fresh water or marine animals or eggs or products of any animal origin. 101. Standards for self-raising wheat flour (1) Self-raising wheat flour shall – (a) be any wheat flour or mixture of wheat flours to which permitted raising agent for this food category as specified in the Codex Alimentarius – General Standard for Food Additives (CODEX STAN 192- 1995) has been added; and (b) liberate not less than 0.40 per cent carbon dioxide. (2) Where any self-raising wheat flour contains calcium sulphate as dough conditioner, the flour shall not contain more than 0.6 per cent calcium sulphate. (3) Any self-raising wheat flour shall not contain food additives other than those referred to in paragraphs (1)(a) and (2). 102. Standards for white bread White bread – (a) of a weight of – 1072 Government Notices 2024 (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 which shall not exceed 400 milligrammes per 100 grammes of bread. 103. Standards for wholemeal bread 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;  Government Notices 2024 1073 (e) may contain sodium in an amount, which shall not exceed 400 milligrammes per 100 grammes of bread. PART XI – EGG AND EGG PRODUCT 104. Interpretation In this Part – “egg” means an egg of a bird, including a poultry and duck – (a) in which no putrefaction and no development of the embryo has begun; and (b) which has not been incubated and whose shell is clean, neither cracked nor 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. 105. 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 106 to 108. 1074 Government Notices 2024 106. 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 of not less than 64 degrees Celsius for not less than 2.5 minutes; and (b) immediately cooled to a temperature not exceeding 4 degrees Celsius. 107. 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 – (a) pasteurised by being retained at a temperature of not less than 60 degrees Celsius for not less than 3.5 minutes; and (b) immediately cooled to a temperature not exceeding 4 degrees Celsius. 108. 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 of not less than 55 degrees Celsius for not less than 9.5 minutes; and (b) immediately cooled to a temperature not exceeding 4 degrees Celsius.  Government Notices 2024 1075 PART XII – SPECIAL PURPOSE FOOD 109. Definition In this Part – “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; (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; 1076 Government Notices 2024 “child” or “young children” means any person aged not less than 12 months nor more than 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.  Government Notices 2024 1077 110. 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. 111. 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. 112. 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. 1078 Government Notices 2024 113. 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, 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).  Government Notices 2024 1079 (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 – GENERAL STANDARD FOR FOOD ADDITIVES (CODEX STAN 192-1995). 114. Standards for follow-up formula No person shall import, manufacture, process, pack, store, offer for sale or sell any follow-up formu