Food Hygiene
(General Provisions) (Jersey) Order 1967[1]
PART 1
PRELIMINARY
1 Interpretation
(1) In
this Order, unless the context otherwise requires –
“agricultural
activity” includes horticulture, fruit growing, dairy farming, the
breeding and keeping of livestock, including poultry, and the use of land as
market gardens and nursery ground;
“catering business”
means a food business consisting wholly or partly of the supply of food for
immediate consumption;
“certificate of
exemption”, in relation to any food premises, stall or vehicle, means a
certificate for the time being in force in relation to the premises, stall or
vehicle granted under and in accordance with the provisions of Article 33;
“contamination”
includes contamination by odour, and “contaminating” shall be
construed accordingly;
“dock”
includes any harbour, mooring, wharf, pier, jetty or other works in or at which
food can be shipped or unshipped and any warehouse, transit shed or other
premises used in connection therewith for the temporary storage or loading for
dispatch of food which is unshipped or to be shipped;
“equipment”
includes apparatus, loading and unloading gear, furnishings and utensils;
“fish” means
uncooked fish (including cured or smoked fish) and includes uncooked
whale-meat, and in Article 13 includes fish which has been cooked or
otherwise prepared for sale by any similar process;
“food business”
means any trade or business for the purposes of which any person engages in the
handling of food, other than a trade or business to which Article 2
refers;
“food premises”
means any premises on or from which there is carried on a food business, but
does not include a stall;
“food room”
means any room (being, or being part of, any food premises) in which any person
engages in the handling of food for the purposes of a food business, but does
not include –
(a) a
room used as a sleeping place if the only handling of food which occurs in the
room is in the course of serving food there to, or at the request of, any person
occupying it as a sleeping place;
(b) a
room communicating with a room used as a sleeping place if the only handling of
the food which occurs in the room is in the course of serving food there to, or
at the request of, any person (not being a person carrying on a food business
at the premises which include the room or a person employed by the person) by
whom the room is occupied as a sleeping place;
(c) a day
room in a hospital or in an old person’s home;
“Law” means
the Food Safety
(Jersey) Law 1966;
“market” means
a public market under the administration of the Minister for Infrastructure;
“old person’s
home” has the meaning assigned to it by Article 1 of the Old
Person’s Homes (Registration) (Jersey) Law 1964;
“open food”
means food not contained in a container of such materials and so closed as to
exclude the risk of contamination, but does not include any food mentioned in
the first column of the Schedule to this Order which, before being taken to any
food premises or stall for the purposes of sale or to any vehicle for the
purposes of delivery, has been wrapped in the manner described opposite thereto
in the second column;
“stall”
includes any stand, marquee, tent, mobile canteen, vehicle (whether movable or
not), vending machine or pitch from which food is sold;
“vehicle”
means a vehicle used for the movement of food for the purposes of a food
business, but does not include any vehicle which, being used for the sale of
food, falls within the definition of “stall”;
“vending machine”
means a coin or token-operated automatic vending machine.[2]
(2) In
this Order, unless the context otherwise requires, the handling of food means
the carrying out, or assisting in the carrying out, for the purposes of a food
business, of any process or operation in the sale of food or in the
preparation, transport, loading, unloading, storage, packaging, wrapping,
exposure for sale, service or delivery of food, and includes the cleaning of articles
or equipment with which food comes into contact.
(3) In
determining for the purposes of this Order whether any matter involves a risk
of contamination to any food, regard shall be had to the extent to which
contamination in the respect in question is immaterial because of –
(a) the
nature of the food;
(b) the
manner in which the food is packed;
(c) the
time during which the food is to remain in any place;
(d) any
process to which the food is to be subjected before sale to the consumer, being
a process to which food of that nature is normally so subjected.
2 Trades or businesses to which Order does not apply
Save as provided by Article 30,
nothing in this Order shall apply to any trade or business which is an
agricultural activity or to so much of any trade or business as consists of the
handling of food at, in or on –
(a) any
premises or place occupied by a wholesaler of raw vegetables and used
exclusively for the purposes of the wholesaler’s trade or business as
such a wholesaler;
(b) any
premises which –
(i) are
used exclusively for the storage of food manufactured and packed by the
occupier thereof,
(ii) are
situated outside the curtilage of the premises used for the manufacture or
packing of that food, and
(iii) are
not used for the storage of any open food.
3 Provisions of this Order subject to certificates of exemption
The application of the
provisions of this Order to any food premises, stall or vehicle shall be
subject to the provisions of any certificate of exemption for the time being in
force in relation to those premises, or to that stall, or to that vehicle.
PART 2
GENERAL REQUIREMENTS
4 Food business not to be carried on at insanitary premises etc.
No person
shall –
(a) carry
on a food business at, on or from any premises or stall which is insanitary, or
which is so situated or constructed, or which is in such a condition;
(b) use
a vehicle which is insanitary, or which is so constructed, or which is in such
a condition,
that the food is exposed
to the risk of contamination.
5 Cleanliness and repair of food rooms etc.
(1) The
walls, floors, doors, windows, ceiling, woodwork and all other parts of the
structure of every food room shall be kept clean, and shall be kept in such
good order, repair and condition as to –
(a) enable
them to be effectively cleaned;
(b) prevent,
so far as is reasonably practicable, any risk of infestation by rats, mice,
insects or other pests.
(2) Every
stall at or from which there is carried on any food business, and every
vehicle, shall be kept clean, and in such good order, repair and condition as
to enable it to be effectively cleaned.
6 Cleanliness of equipment etc.
(1) Articles
or equipment with which food comes into contact, or is liable to come into
contact, in the course of a food business shall be kept clean and shall be so
constructed, be of such materials and be kept in such good order, repair and
condition as to –
(a) enable
them to be thoroughly cleaned;
(b) prevent,
so far as is reasonably practicable any matter being absorbed by them;
(c) prevent,
so far as is reasonably practicable, any risk of contamination of the food.
(2) Without
prejudice to the provisions of paragraph (1), all containers intended for
containing food in the course of a food business, whether or not they come into
contact, or are liable to come into contact, with food, shall, so far as is
reasonably practicable, be protected and kept free from contamination.
(3) In
determining for the purposes of this Article whether any article or
equipment is clean, regard shall be had to the nature and packing of the food
for which the article or equipment is required and to the use which is made of
the article or equipment.
7 Accumulation of refuse etc.
No refuse or filth,
whether solid or liquid, shall be deposited or allowed to accumulate in a food
room, or at a stall, or on a vehicle, except so far as may be unavoidable for
the proper carrying on of the trade or business.
PART 3
REQUIREMENTS RELATING TO
FOOD HANDLERS AND HANDLING OF FOOD
8 Food to be protected from risk of contamination
A person who engages in
the handling of food shall while so engaged take all such steps as may be
reasonably necessary to protect the food from risk of contamination, and in
particular, but without prejudice to the generality of the
foregoing –
(a) shall
not so place the food as to involve any risk of contamination;
(b) shall,
before offering any food for sale, ensure that –
(i) any
part of the food which is unfit for human consumption is removed,
(ii) any
food which is unfit for human consumption, unsound or unwholesome is kept apart
from any other food;
(c) shall
not, in or about any forecourt or yard, place any food lower than 18
inches from the ground unless it is adequately protected by other means from
risk of contamination;
(d) shall
ensure that open food is kept covered where reasonably necessary with a clean
cover while exposed for sale and during sale:
Provided that sub-paragraph (b)
shall not apply where food is intended to be sold by wholesale either by sample
or description.
9 Personal cleanliness
A person who engages in
the handling of food shall while so engaged –
(a) keep
as clean as may be reasonably practicable all parts of his or her person which
are liable to come into contact with the food;
(b) keep
as clean as may be reasonably practicable all parts of the person’s
clothing or over-clothing which are liable to come into contact with the food;
(c) keep
any open cut or abrasion on any exposed part of his or her person covered with
a suitable waterproof dressing;
(d) refrain
from spitting;
(e) refrain
from the use of tobacco or any other smoking mixture or snuff while the person
is handling any open food or is in any food room, at any stall or in any part
of any vehicle, in which there is open food.
10 Persons handling open food to wear over-clothing etc.
A person who engages in
the handling of open food, other than raw vegetables, shall while so engaged
wear sufficient clean and washable over-clothing, and every person who carries
meat which is open food and which is liable to come into contact with the person’s
neck or head shall while so engaged also wear a clean and washable head
covering:
Provided that this Article shall
not apply –
(a) to
a waiter in a catering business if the waiter takes all such other precautions
as are reasonable and practicable to prevent the food from coming into contact
with any exposed part of the waiter’s person or with any clothing;
(b) to
any person whilst the person is delivering flour confectionery or other bakery
goods;
(c) to
any person so long as the person is engaged only in the carrying of unskinned
rabbits or hares or unplucked game or poultry.
11 Carriage and wrapping etc. of food
A person who engages in
the handling of food shall not while so engaged –
(a) carry
any food in a vehicle or container together with any article from which there
is a risk of contamination of the food, or with any live animal or live
poultry, without taking all such precautions as are reasonably practicable to
avoid risk of contamination and shall not allow any live animal or live poultry
to come into contact with any open food so carried;
(b) use
for wrapping or containing any open food any paper or other wrapping material
or container, which is not clean or which is liable to contaminate the food;
(c) allow
any printed material, other than printed material designed exclusively for
wrapping or containing food, to come into contact with any food other than
uncooked vegetables.
12 Persons suffering from certain infections
As soon as any person
engaged in the handling of food becomes aware that he or she is suffering from,
or is the carrier of, typhoid, paratyphoid or any other salmonella infection or
dysentery or any staphylococcal infection likely to cause food poisoning, the person
shall inform the person carrying on the food business and the person carrying
on the food business shall immediately notify the Medical Officer of Health
accordingly:
Provided that where the person
required to give such information is the person carrying on the food business the
person shall give the information to the Medical Officer of Health immediately.
13 Temperatures at which certain foods must be kept[3]
(1) This
Article applies to all food that consists of meat, fish, gravy or
imitation cream, or is prepared from or contains any egg or milk,
except –
(a) bread,
biscuits, cake or pastry, by reason only of the use of egg or milk as an
ingredient introduced prior to baking;
(b) chocolate
or sugar confectionery;
(c) ice-cream
to which the provisions of any Order with respect to the heat treatment of
ice-cream in force under Article 6 of the Law apply;
(d) food
that –
(i) has been
subjected to dehydration, canning or any other process intended to prevent the
growth of pathogenic micro-organisms at ambient temperatures, and
(ii) has
been contained, after or by reason of that process, in an hermetically sealed
container that has not been opened;
(e) butter,
margarine, lard, shortening, cooking fats or beef suet;
(f) uncooked
bacon or uncooked ham;
(g) dry
foods;
(h) bakery
products with imitation cream that is not liable to support bacterial growth;
(i) smoked
or cured fish that is sold by mail order;
(j) dried
or salted fish; or
(k) unskinned
rabbits, unskinned hares, unplucked game or unplucked poultry.
(2) Subject
to paragraph (3), any food that –
(a) is in
or on any food premises or any market, stall or vehicle from which (in any such
case) there is carried on any food business; or
(b) is
being transferred to or from any such place in the course of any food business,
shall be kept at a
temperature that is either not lower than 63ºC or not higher than
8ºC.
(3) Where –
(a) food
has been cooked, or partly cooked, in or on any food premises or any market,
stall or vehicle from which (in any such case) there is carried on any food
business; and
(b) the
temperature of the food falls below 63ºC,
the food shall immediately
be cooled, under hygienic conditions and as quickly as reasonably practicable,
to a temperature not higher than 8ºC.
(4) Where
food has been cooled in accordance with paragraph (3), it shall be kept at
a temperature not higher than 8ºC until –
(a) it is
served for immediate consumption or sold;
(b) it is
reheated for service for immediate consumption or for sale; or
(c) it is
cooked further.
(5) In
any proceedings for an offence by reason of contravening or failing to comply
with this Article, it shall be a defence to prove –
(a) that
the food to which the charge relates was at a temperature that was lower than
63ºC and higher than 8ºC, for a limited period only that was
consistent with food safety –
(i) during a process
of carrying out a step in the preparation of the food,
(ii) while
the food was being moved from one part of the food premises, market, stall or
vehicle to another,
(iii) while
it was being loaded or unloaded,
(iv) unavoidably,
during the defrosting of equipment, or
(v) unavoidably, for any
other sufficient reason; and
(b) that
it was then restored, as quickly as reasonably practicable and in a manner that
is permitted by this Article, to a temperature that is permitted by this Article.
(6) In
any proceedings for an offence by reason of contravening or failing to comply
with this Article, it shall be a defence to prove that the food to which the
charge relates –
(a) was
for service or on display for sale;
(b) had
been kept for service, or on display for sale, for a period of less than 2
hours; and
(c) had
not previously been kept for service or on display for sale in contravention of
this Article.
(7) In
this Article –
“egg” includes
whole egg, yolk and albumen, whether or not the egg, yolk or albumen is dried,
frozen or otherwise preserved;
“milk”
includes cream, condensed milk, dried milk and separated or skimmed milk.
PART 4
REQUIREMENTS RELATING TO
FOOD PREMISES AND STALLS
14 Soil drainage systems
(1) No
fresh air intake of any ventilation pipe included in the soil drainage system
of any food premises shall be situated in a food room.
(2) Every
inlet into any such system situated in any such room shall be trapped.
15 Cisterns for supplying water to food rooms
No cistern for the supply
of water to a food room shall supply a sanitary convenience otherwise than
through an efficient flushing cistern or some other flushing apparatus equally
efficient and suitable for the prevention of contamination of water supplies.
16 Sanitary conveniences
(1) Every
sanitary convenience situated on, or regularly used in connection with, any
food premises or stall –
(a) shall
be kept clean and in efficient order;
(b) shall
be so placed that no offensive odours therefrom can penetrate into any food
room or to any stall.
(2) Any
room or other place which contains a sanitary convenience shall be suitably and
sufficiently lighted and ventilated and shall be kept clean.
(3) Except
in the case of a room to which paragraph (5) applies, no room which
contains a sanitary convenience shall be used as a food room.
(4) Except
in the case of a room to which paragraph (5) applies, no food room or
stall which communicates directly with a room or other place which contains a
sanitary convenience shall be used –
(a) for
the handling of open food;
(b) for
the cleaning of equipment for use in any food business in the course of which
open food is handled.
(5) No
room in or at any airport, dock, public cold store or premises or place
occupied by a carrier of goods for the purposes of the carrier’s trade or
business as such which contains a sanitary convenience shall be used for the
storage or handling of food which is not so packed, or the packing of which is
not in such a state, as to prevent any part of the food from coming into
contact with any surface which the package may touch.
(6) There
shall be fixed and maintained in a prominent and suitable position near every
sanitary convenience situated in or on, or regularly used in connection with,
any food premises or stall (being a convenience provided or made regularly
available for the use of persons employed in the handling of food on or about
the premises or stall) a clearly legible notice requesting persons to wash
their hands after using the convenience.
17 Supply of water
(1) A
supply of water sufficient in quantity to enable this Order to be complied with
shall be provided and maintained on all food premises and in connection with
every stall, other than a vending machine.
(2) Any
supply of water provided for the said purposes shall be –
(a) clean
and wholesome;
(b) constant,
if the provision of a constant supply is reasonably practicable.
18 Wash-hand basins to be provided
(1) Subject
to the provisions of paragraph (5), there shall be provided and maintained
on all food premises and in connection with every stall, other than a vending
machine, suitable and sufficient wash-hand basins, in positions conveniently
accessible, for use by all persons engaged in the handling of food on or about
those premises or that stall.
(2) There
shall be provided and maintained for every such wash-hand basin an adequate
supply either of hot and cold water, or of hot water at a suitably controlled
temperature:
Provided that it shall be
sufficient compliance with this paragraph to provide and maintain only an
adequate supply of cold water on food premises and in connection with stalls on
or about which no open food is handled.
(3) At
or near every such wash-hand basin, there shall be provided and maintained for
the use of persons engaged in the handling of food, adequate supplies of soap
or other suitable detergent, nail brushes and clean towels or other drying
facilities which shall be used only for securing the personal cleanliness of
such persons.
(4) All
such wash-hand basins shall be kept clean and any working parts thereof shall
be kept clean and in efficient working order.
(5) Nothing
in this Article shall apply to any premises on any airport, dock or to any
premises or place occupied by a carrier of goods for the purposes of the
carrier’s trade or business as such where the only food which may be
handled is food which is packed, or the packing of which is in such a state, as
to prevent any part of the food from coming into contact with any surface which
the package may touch.
19 First-aid materials to be provided
Suitable and sufficient
bandages, dressings (including waterproof dressings) and antiseptics for first-aid
treatment shall be provided and maintained –
(a) on
all food premises;
(b) at
every stall, other than a vending machine,
in a position
conveniently accessible for the use of persons engaged in the handling of food
on or about such premises, or stall.
20 Accommodation for clothing etc.
Except where adequate
provision is made elsewhere than in a food room, there shall be provided and
maintained on all food premises on or about which open food is handled suitable
and sufficient cupboard or locker accommodation for the clothing and footwear,
not worn during working hours, of all persons engaged in the handling of food
on or about those premises.
21 Facilities for washing food and equipment and for sorting food
(1) Subject
to the provisions of paragraph (6), there shall be provided and maintained
on all food premises and at every stall, suitable and sufficient sinks or other
facilities (not being wash-hand basins provided in accordance with Article 18)
for washing food and equipment used in the food business.
(2) There
shall be provided and maintained for every such sink or other facility an
adequate supply either of hot and cold water, or of hot water at a suitably
controlled temperature, except that a supply of cold water shall
suffice –
(a) where
the facility consists of apparatus designed for the washing of drinking vessels
with a suitable bactericidal agent and is used only for that purpose; or
(b) where
the sink or other facility is used only for the washing of fish, tripe, animal
casings, fruit or vegetables.
(3) All
sinks and other facilities and any working parts thereof provided for the
purposes of this Article shall be kept clean and in efficient working order.
(4) There
shall be provided and maintained for use at all such sinks or other
facilities –
(a) adequate
supplies of soap or other suitable detergent and of clean cloths; or
(b) other
adequate and suitable cleaning and drying facilities.
(5) Subject
to the provisions of paragraph (6), there shall be provided on all food
premises and at every stall, suitable and sufficient space for food which, in
accordance with Article 8(b), is to be kept apart from other food, and for
the disposal of waste.
(6) Nothing
in this Article –
(a) shall
apply to any vending machine;
(b) shall
apply to any food premises or any stall –
(i) on or at which no
open food is handled,
(ii) at
any airport or docks, except where food is handled at such food premises or
stall in the course of a retail business or a catering business;
(c) shall
apply to any premises or place occupied by a carrier of goods for the purposes
of the carrier’s business as such;
(d) shall
require the provision on any stall of a sink for the washing of soft ice-cream
freezers if –
(i) facilities for
such washing are available on premises from which the stall is operated,
(ii) those
freezers are not dismantled on the stall except for purposes of cleaning on
such premises.
22 Lighting
Suitable and sufficient
means of lighting shall be provided in every food room and at every stall and
every such room and stall shall be suitably and sufficiently lighted.
23 Ventilation of food rooms
Except in the case of a
humidity-controlled or temperature-controlled chamber, suitable and sufficient
means of ventilation shall be provided in every food room and suitable and
sufficient ventilation shall be maintained there.
24 Food rooms etc. not to be used as sleeping places
(1) No
food room, stall or vehicle shall be used as a sleeping place and no sleeping
place shall be used as a food room.
(2) No
food room which communicates directly with a sleeping place shall be used for
the handling of open food.
PART 5
ADDITIONAL REQUIREMENTS
RELATING TO STALLS AND VEHICLES
25 General requirements relating to stalls and vehicles
(1) Every
stall and vehicle shall have legibly and conspicuously displayed on the outside
thereof –
(a) the
name and address of the person carrying on the food business in connection with
which the stall or vehicle is used;
(b) except
in the case of a vending machine, any other address at which the stall or
vehicle is kept or garaged.
(2) When
not in use, a stall or vehicle shall not be stored with any food except in
conditions under which the food can be kept clean and free from contamination,
and no stall (whether or not wholly or partially dismantled) or vehicle shall
be stored in any place liable to render it insanitary or incapable of being
properly cleaned.
26 Covering of stalls
Every stall at or from
which open food other than raw vegetables is sold or exposed for sale for human
consumption shall, if not in an enclosed and covered building, be suitably
covered and screened at the sides and back thereof in such a manner as to
prevent any mud, dust, dirt, filth or other contaminating substance from being
deposited on any open food thereon:
Provided that this Article shall
not apply to any stall which is so designed, constructed and operated that all
food thereon is completely enclosed until it is taken from its enclosure to be
sold or cooked for immediate consumption.
27 Receptacles for waste at stalls
(1) Every
stall shall be provided with a sufficient number of suitably clean and covered
receptacles for waste trimmings, refuse and rubbish.
(2) Any
such receptacles shall be constructed of impervious material maintained in good
condition and shall be replaced as often as may be necessary to prevent the
accumulation of obnoxious matter, and such receptacles shall be kept apart from
any open food intended for sale.
(3) All
waste trimmings, refuse and rubbish shall be placed in the receptacles provided
therefor.
(4) There
shall be provided and maintained for every sink or other facility for washing
food and equipment used on a stall a suitable and sufficient means of disposing
of waste water.
28 Transport of meat
(1) Subject
to the provisions of this Article, the following provisions shall apply in
relation to any vehicle used for the transport of meat which is open
food –
(a) except
in the case of a closed vehicle, the vehicle shall be covered by canvas or
other washable material so arranged as to enclose completely that part of the
vehicle in which meat is placed and, so far as is reasonably practicable, the
cover shall not be allowed to come into contact with the meat;
(b) the
floor shall be impervious or fitted with movable duckboards used in such manner
as to prevent the meat or its wrappings from touching the floor of the vehicle;
(c) any
receptacle or duckboard in or on which the meat is placed and such parts of any
slings, implements or other equipment used for the loading or unloading of meat
as come into contact with the meat or its wrappings shall be kept clean and in
such good order, repair and condition as to enable them to be thoroughly
cleaned;
(d) except
as provided in paragraph (2), every such vehicle shall be provided with a
sufficient number of suitably covered receptacles to contain separately all
offal (other than skinned heads, scalded heads and offal that has not been
detached from the carcase) transported in the vehicle, and such receptacles
shall be constructed of impervious materials and kept clean and in such good order,
repair and condition as to enable them to be thoroughly cleaned;
(e) except
as provided in paragraph (2), no offal (other than skinned heads, scalded
heads and offal that has not been detached from the carcase) shall be
transported in any such vehicle except in the separate receptacles provided
therefor:
Provided that sub-paragraphs (a)
and (b) shall not apply in relation to the transport of meat on isolated
occasions in the course of the business of a carrier if the meat is adequately
protected by suitable material from the risk of contamination.
(2) Nothing
in this Article shall require such separate receptacles as aforesaid to be
provided or used for the transport of –
(a) packaged
or wrapped frozen offal so long as such offal remains frozen hard;
(b) giblets
of game or poultry which are carried in or attached to the carcase from which
they have been removed;
(c) uncleaned
tripe, uncleaned stomachs, uncleaned intestines or uncleaned feet in a vehicle
in which no other meat other than offal of these descriptions is being carried;
(d) unskinned
or unscalded heads in a vehicle in which no meat other than offal of these
descriptions or uncleaned feet is being carried.
29 Supplementary requirements
(1) Articles 17, 18, 19
and 21 shall apply to vehicles on or from which open food is sold in the course
of a retail business as they apply to food premises and stalls:
Provided that –
(a) Articles 17, 18
and 19 shall not apply in relation to any bread van so long as the vehicle
in question operates from any premises where facilities are provided under
those Articles;
(b) Article 21
shall not apply in relation to any vehicle so long as the vehicle operates from
any premises where facilities are provided under that Article.
(2) For
the purposes of this Article, “bread van” means any vehicle used
solely for the sale, or offer or exposure for sale, of bread (wrapped or
unwrapped) whether alone or together with other flour confectionery or bakery
goods.
PART 6
SPECIAL REQUIREMENTS
RELATING TO PARTICULAR PREMISES AND PLACES
30 Condition of accommodation allocated for handling food
(1) Before
permitting the use of accommodation for the discharge, movement, storage or
dispatch of any food at any premises or place to which this Article applies,
the person having the control or management of the premises or place or
responsible for allotting the accommodation shall, so far as is reasonably
practicable, take account of the nature of the food which is to be discharged,
moved, stored or dispatched and of the manner in which it is packed and shall
not permit the use of accommodation which is in such a state as to expose the
food to the risk of contamination.
(2) This
Article shall apply to –
(a) any
airport or any dock;
(b) any
public cold store;
(c) any
premises or place occupied by a carrier of goods for the purposes of the
carrier’s trade or business as such a carrier;
(d) any
premises which –
(i) are used
exclusively for the storage of food manufactured and packed by the occupier thereof,
(ii) are
situate outside the curtilage of the premises used for the manufacture or
packing of that food, and
(iii) are
not used for the storage of food other than that contained in containers of
such materials and so closed as to exclude the risk of contamination.
31 Importation and storage of certain perishable foods[4]
(1) The
importation into Jersey by ship of any meat is prohibited unless the meat is
imported in closed containers of such type as may for the time being be
approved for that purpose by the Minister.
(2) Where
any meat is imported into Jersey in contravention of the provisions of paragraph (1),
the importer thereof shall be guilty of an offence, and whether or not any
proceedings are instituted in respect of such offence, the Minister may direct
that any meat so imported shall forthwith be re-exported by and at the expense
of the importer.
(3) Where
a person imports into Jersey any meat in accordance with the provisions of paragraph (1),
the person shall as soon as may be reasonably practicable after such
importation, convey the meat or cause the meat to be conveyed to a place
approved by the Minister and the container in which the meat has been imported
shall not be opened until it has reached that place.[5]
(4) Frozen
food shall be kept in a temperature-controlled chamber from the time that it is
rendered frozen, or, in the case of food imported into Jersey already frozen,
from as soon as may be reasonably practicable after such importation, until it
is sold by retail.
PART 7
ADMINISTRATIVE PROVISIONS
32 Exemption from certain requirements
(1) Articles 17, 18, 19
and 21 shall not apply in relation to any stall, or to any food premises
situated in a market, where the trade or business carried on consists wholly of
the preparation and supply of roasted chestnuts or hot potatoes.
(2) Article 21(1),
(2), (3) and (4) shall not apply in relation to any stall, or to any food
premises situated in a market, where the trade or business carried on consists
wholly of that of a fruiterer, wholesaler of fruit, greengrocer or wholesaler
of raw vegetables, if the person carrying on the food business has notified the
Minister that the person is so engaged.
33 Certificates of exemption
(1) While
there is in force in relation to any food premises, stall or vehicle a
certificate of exemption to the effect that compliance with any provision of
this Order cannot reasonably be required with respect to those premises, or
that stall or that vehicle, or to any activities carried on therein, those
premises, or that stall or that vehicle shall be exempt from that provision.
(2) A
certificate of exemption from any provision of Article 17, 18, 19
or 21 may be granted in relation to any food premises or stall situated in a
market where the Minister is satisfied that facilities corresponding to those
required under that provision are made available by the authority responsible
for the administration of the market in which the food premises or stall are
situated.
(3) A
certificate of exemption shall be granted by the Minister with respect to any
food premises, stall or vehicle only if he or she is satisfied that, by reason
of restricted accommodation or other special circumstances affecting the
premises, stall or vehicle, it is reasonable that such a certificate should be
granted in respect thereof.
(4) A
certificate of exemption granted under this Article may be for a specified
period of time and may be withdrawn by the Minister if he or she ceases to be
satisfied that the exemption granted is reasonably necessary.
(5) A
person aggrieved by a decision of the Minister under this Article to
refuse or to withdraw a certificate of exemption may, within 30 days of the day
on which notification of the Minister’s decision refusing or withdrawing
the certificate of exemption was sent to the person, appeal to the Inferior
Number of the Royal Court, in term or in vacation, on the ground that the
Minister’s decision was unreasonable having regard to all the
circumstances, and the Court shall make such an order in the matter as it
thinks fit.
(6) Article 55
of the Law shall apply for the purposes of this Order as if references
therein to the grant of any necessary licence and to the making of any
necessary entry in any register included references to the grant of any
certificate of exemption and to the cancellation of any decision to withdraw a
certificate of exemption.
(7) Article 56
of the Law shall apply for the purposes of this Order as if references
therein to the refusal, cancellation, suspension or revocation of registration
or of a licence included references to the refusal or withdrawal of a
certificate of exemption.
34 Offences
(1) Any
person who contravenes or fails to comply with any provision of this Order
shall be guilty of an offence.
(2) Article 51
of the Law shall apply for the purposes of this Order as if references
therein to proceedings taken or brought under the Law included references
to proceedings taken or brought under this Order.
35 Penalties[6]
Any person guilty of an
offence under this Order shall be liable to a fine or to imprisonment for a
term not exceeding 2 years or to both.
36 Citation
This Order may be cited
as the Food Hygiene (General Provisions) (Jersey) Order 1967.