2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

ADMINISTRATION

4.

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    (1)     For the purpose of exercising any powers under this Part of these Regulations, an inspector may at any reasonable time enter and inspect premises used in connection with the carrying on of a food business.

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    (2)     Where an inspector has reasonable cause to believe that any premises are used in connection with the manufacture, preparation, preservation, packaging, storage or sale of any foods, he or she may at any reasonable time enter and inspect those premises and inspect any foods found on them and take sample thereof.

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    (3)     Where an inspector has information or has reasonable ground for suspecting that an offence in connection with these Regulations is being, has been or is about to be committed on any premises or that evidence of such offence is to be found there, the inspector may—

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      (a)     enter those premises, after giving due notice to Manager/Proprietor and inspect them;

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      (b)     open and examine any food receptacle or package;

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      (c)     seize and detain any samples of foods for such time as may be necessary.

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    (4)     Where an inspector has entered premises under regulation 4, the manager/proprietor or occupier of the premises and every person found therein, shall give the inspector all reasonable assistance and furnish him or her with such information as the inspector may require.

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    (5)

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      (a)     A person shall not remove, alter or interfere in any way with any article seized under these Regulations without the permission of the inspector.

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      (b)     Any article seized under these Regulations may at the option of an inspector be kept or stored in the building or place where it was seized or may at the direction of an inspector be removed to any other proper place.

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      (c)     An inspector shall release any article seized under these Regulations when he or she is satisfied that the provisions thereof with respect thereto have been complied with.

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    (6)     The expenses incurred in destroying or otherwise disposing of any food condemned in accordance with the provisions of these Regulations shall be a debt due by the Manager/Proprietor from the person who is in possession of any such food.

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    (7)     No person having in his or her possession any food which is diseased, unsound, unwholesome or unfit for human consumption shall give, sell or consign any such food to any other person or to any firm, business, organization, institution or association.

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    (8)     Every person having in his or her possession any food which is diseased, unsound, unwholesome or unfit for human consumption shall destroy or dispose of such food to the satisfaction of the inspector.

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    (9)     In any proceedings under these Regulations an inspector shall issue a certificate respecting the state or condition of any article of food which is subject of a prosecution and such certificate shall be tended in evidence.

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    (10)     An inspector whenever he or she thinks necessary, may require any person engaged in the production, preparation, sale distribution or delivery of food or drink to present himself or herself for medical examination at such time and place as may be specified and after such examination the medical officer (health) shall issue free of charge to the person examined, a certificate stating that at the time of examination and in the opinion of the medical officer of health the person is a fit and proper person to be so employed, if in fact the medical officer of health was of that opinion at the time of the examination.

5.

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    (a)     Every person working in a food handling establishment or business shall possess a valid health certificate from a medical officer according to the prescribed schedule, that he or she is in a fit state of health to engage in such occupation. Such certificate shall be renewable on 30 June and 31 December every year.

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    (b)     A fee of $2 shall be paid to the medical officer making the Medical examination and issuing the certificate. Such certificate shall be kept at the place of employment and shall be available for inspection by any authorised officer of the Ministry of Health.

6.   No manager/proprietor or any person operating a food handling establishment shall knowingly employ any person unless such person conforms to the conditions prescribed by these Regulations.

7.

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    (1)     Subject to the following provisions of these Regulations as soon as any person engaged in the handling of food becomes aware that he or she is suffering from fever, vomiting, diarrhoea, dysentry or other bowel disease shall forthwith give notice of the fact—

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      (a)     to the occupier of the food premises, if he or she is engaged in the handling of food at food premises;

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      (b)     to the manager/proprietor of the business, if he or she is engaged in the handling of food otherwise than at food premises; and the manager/proprietor or occupier, as the case may be, shall, immediately after being notified of such fact, cause such person to cease work forthwith and notify the medical officer of health or public health inspector in which the said premises of business are situated.

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    (2)     When the person referred to in subregulation (1) is himself or herself the occupier of the food premises or the Manager of the food business, as the case may be, he or she shall immediately cease work and give the notice immediately to the medical officer of health or public health inspector in which the said premises or business are situated.

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    (3)     Without prejudice to the provisions of regulation 9(1), if the inspector has reason to believe that a person engaged in the preparation or handling of food is suffering from any disease liable to cause food poisoning, he or she may require such person to submit a medical examination by a medical officer of health, who shall issue a certificate stating whether the person is fit or unfit to engage in such work and if the certificate states that the person is unfit for work the person shall cease work forthwith.

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    (4)     Any person who has ceased work under the preceding subregulation (3) shall not resume work unless he or she has obtained a certificate of good health from a medical officer of health.

8.   Where any act or thing is by any of these Regulations prohibited or prescribed the duty of seeing that such prohibition or prescription is complied with shall rest upon both the owner and occupier for the time being and in the event of a breach on the Regulations, either the owner or the occupier or both is liable to prosecution.