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PART 4
REGULATION IN RESPECT OF EATING AND FOOD ESTABLISHMENTS

22. A person shall not operate an eating establishment, temporary eating establishment, catering establishment or food handling establishment, unless a licence to do so is first obtained from the Public Health Board.

23.

(1) Before issuing such a licence, the Public Health Board shall require a plan or plans and other particulars of building, the equipment to be used therein and a valid certificate issued by the inspector in regard to the cold storage facilities provided therein. (Substituted by S.I. 28/1983)

(2) All managers/proprietors or operators of Eating and Food Handling Establishments operating on the date these Regulations come into force shall apply in writing, for a licence within 6 weeks of such date.

(3) All licence shall expire on 31 December and shall be renewed if approved on written application form before 31 January next after the date of expiry.

(4) The licence be valid unless cancelled or suspended until 31 December next after the date of issue and not transferable to any other premises or person.

(5) There shall be a charge of $0.20 per square foot for the first hundred square feet of operative space and $0.10 per square foot for the next 500 square feet and $0.5 per square foot for the remaining space.

(5A) There shall be a charge of $40 for the issue of a certificate referred to in paragraph (1) of this Regulation.

(6) All fees for licences shall be paid to the Government Treasury or sub-collector's office.

(7) Where a licence to carry out an Eating and Food Handling Establishment is refused, suspended or withdrawn, the Manager/Proprietor or agent as aforesaid may appeal to the Board of Health and the Board shall make such order as appears to be just.

(8) The licence shall be displayed in a conspicuous place in the premises and if the licence is removed, damaged, hidden or obscured or allowed to become illegible the person to whom it has been granted or his or her agent, if any, in charge of the food business commits a breach of these Regulations.

(9) Where a licence to operate an eating establishment, food handling or catering establishment has—
1. (a) been refused or cancelled as the case may be that these establishments shall not operate until such time as provision or provisions of Regulations as the case may be are fully complied with and before a licence is granted or reissued;
1. (b) where a licence has been cancelled, the Public Health Board may direct the placement of a notice on the premises to this effect.

(10) A person shall not operate an eating or food handling establishment unless—
1. (a) all floors and coverings are tight, smooth and easily cleaned for the preparation and storage of foods or the washing of utensils and toilet fixtures are located;
1. (b) the walls and ceilings of all rooms where food is stored, prepared or served are kept clean and in good repair;
1. (c) the walls and ceilings or rooms in which food is prepared have a washable surface, finished in a light colour;
1. (d) the surface or serving tables, counters and food preparation tables are smooth, washable and free from cracks and crevices;
1. (e) all rooms and passageways are suitably lighted and ventilated;
1. (f) a separate room, compartment, locker or cupboard is provided for keeping the wearing apparel of employees.

(11) Every catering establishment or food handling establishment shall be provided with:
1. (a) adequate toilet facilities which shall be conveniently located, accessible, clean, sanitary and in good repair, to the satisfaction of the inspector;
1. (b) adequate hand washing facilities which shall include—
  1. (i) a hand wash basin,
  1. (ii) an adequate supply of hot and cold water,
  1. (iii) a constant supply of soap in a suitable container or dispenser,
  1. (iv) clean towels, and
  1. (v) a suitable receptacle for used towels and waste material.

(12) A person shall not operate an eating establishment or food handling establishment unless such establishment is provided with an ample supply of
1. (a) potable water;
1. (b) hot water of at least 160 degrees Fahrenheit (82°C); and
1. (c) cold water.

(13) Every eating establishment or Food Handling Establishment shall be provided with refrigerated space equipped with removal racks and trays for the storage of perishable foods.

(14) The refrigerated space referred to in Regulations 18 shall be maintained at a temperature of 45 degrees Fahrenheit (7ºC) or lower except for frozen foods which shall be stored at a temperature of 20 degrees Fahrenheit (6ºC) with a tolerance of 5 degrees Fahrenheit (2ºC).

(15) A person shall not operate an eating establishment or food handling establishment unless—
1. (a) suitable racks or shelves are provided for the storage of food and no shelves or racks shall be placed less than 18 inches above the floor level;
1. (b) all foods shall be protected against contamination, and stored on racks or shelves;
1. (c) all foods shall be stored in such manner to ensure that odours and flavours are not transferred.

(16) Where food which has been served to a patron and is consumed shall be destroyed. It shall not be reserved or used again for human consumption.

(17) All perishable foods shall be kept in a safe refrigerated space provided for in Regulation 13 of these Regulations unless approved by the inspector.

(18) The storage and disposal of all waste shall be stored or disposed in accordance with the Public Health (Collection and Disposal of Refuse) Regulations.

(19) In every eating establishment each employee shall comply with the following standards—
1. (a)
  1. (i) be neat, tidy and keep hands clean,
  1. (ii) wear clean garments, and
  1. (iii) be free from
    1. (A) any disease or infection which may be spread through the medium of food;
    1. (B) any condition of the skin which may contaminate food and to be;
    1. (C) in possession of a valid Health Certificate from a medical officer of health or medical officer.
1. (b)
  1. (i) All cooks and others preparing food shall wear suitable head covering, and
  1. (ii) All waitresses shall wear caps or hair nets.

(20) All utensils and equipment shall be maintained in good repair and stored in a sanitary manner.

(21)
1. (a) It shall be prohibited to use dishes, glasses, cups or utensils that are cracked or so badly worn that they cannot be cleaned.
1. (b) The inspector shall order the destruction of such articles.

(22) The re-use of single service utensils is prohibited.

(23) All cooking units shall be provided with a ventilated shaft or other suitable devices to carry off all smoke, steam or odour and shall be constructed and maintained as to work efficiently under all weather conditions.

(24)
1. (a) There shall be facilities and equipment for the cleaning and bacterial treatment of utensils.
1. (b) The method of cleaning shall be done either by—
  1. (i) mechanical equipment designed and operated that all utensils are cleaned and bacteriacidally treated, or
  1. (ii) of manual equipment consisting—
    1. (A) a 3 compartment sink of non-corrodible metal or other suitable material or satisfactory alternative equipment which will allow the results, and
    1. (B) drainage racks of non-corrodible material as received by the inspector.

(25) All utensils for preparing or serving food shall be cleaned and bacteriacidally treated after each use.

(26) All utensils shall be washed in hot detergent solution which is capable or removing germs and food particles and rinsed and bacteriacidally treated in accordance with these Regulations.

(27) Utensils shall be bacteriacidally treated by either of the following methods—
1. (a) immersion for at least 2 minutes
  1. (i) in clean water at a temperature of at least 180 (82ºC) degrees fahrenheit, or
  1. (ii) in a chlorine solution of at least 100 parts per million available chlorine, or
1. (b) other bacteriacidal treatment which is approved by the inspector.

(28) The bacteriacidal solution shall be changed as often as is required to provide effective bacteriacidal strength.

(29) Where mechanical equipment is used for washing and rinsing bacteriacidal treatment or utensils, the inspector shall be provided with satisfactory evidence of the effectiveness of operation of such machines.

(30) A person shall not sleep in any room used for preparing, storing or cooking food, nor shall any such rooms be used for the storing of personal wearing apparel, toilet requisites or other articles which are not required in the preparation or cooking of food.

(31) Floors of all rooms in which food is stored, prepared or served shall be kept free from litter, and floors shall be cleaned in those periods when the least amount of food or drink is exposed.

(32) Smoking or other use of tobacco, or spitting, shall not be permitted in kitchen, or other rooms where food is prepared.

(33) A person shall not operate a temporary eating establishment unless—
1. (a) the concession-booth or structure is maintained and operated in a clean and sanitary manner to the satisfaction of the inspector;
1. (b) refrigeration is provided for all perishable foods;
1. (c) all foods, cooking facilities and utensils are protected from dust, dirt, insects and all forms of contamination;
1. (d) single service utensils shall be used and all utensils washed and bacteriacidally treated in a manner satisfactory to the inspector.

(34) Hot dogs, hamburgers and sandwiches shall be served in paper serviettes.

(35) Water or liquid refreshment, kept in bulk for use or sale shall be drawn from a suitable covered container, and the container shall be of non-corrodible material and kept in a clean and sanitary condition at all times.

(36) There shall be provided covered metal refuse containers of non-corrodible or other suitable material.

(37) No person in charge of an eating establishment, temporary eating establishment or catering establishment shall comply or keep in employment any person who—
1. (a) is suffering from any disease or infection which may be spread through the medium of food; or
1. (b) has any condition of the skin which may contaminate food.

(38)
1. (a) All multi-use utensils used for preparing, serving, or drinking of food shall be thoroughly cleaned and sanitized after each usage.
1. (b) Single service containers shall be used only once.
1. (c) Drying cloths, shall not be used for wiping utensils.
1. (d) No articles, polish or other substance containing any cyanide preparation or other poisonous material shall be used for cleaning or polishing of any utensil which is used for the preparation, storage or serving of food.

(39) A person who engages in the handling of food shall, while so engaged—
1. (a) Keep clean as reasonably practicable all parts of his or her person.
1. (b) Keep as clean as reasonably practicable all parts of his or her clothing or overall.
1. (c) Keep any open cut or abrasion covered with a suitable water-proof dressing.
1. (d) Refrain from the use of tobacco (including snuff) while he or she is handling any food or is in any food room in which there is food.
1. (e) Refrain from spitting.
1. (f) After using the toilet, wash hands before resumption of duties.

(40) No person with any septic or infected cut or abrasion on any exposed part of his or her body shall engage in the handling or preparation of food.

(41) There shall be provided a sufficient quantity of water in all eating and food handling establishments.

(42)
1. (a) There shall be provided and maintained in all eating and food handling establishments for the use of all persons engaged in the handling of food suitable and sufficient hand washing basins with an adequate supply of hot and cold water, soap or other suitable detergent, nail brushes, clean towels or other suitable drying facilities, in a position conveniently accessible to such persons.
1. (b) The hand wash basins and the taps thereof referred to in the preceding sub-regulations shall be kept clean and in efficient working order.

(43) There shall be provided and maintained suitable and sufficient bandages, dressing and antiseptic for first aid treatment in all food premises, in a readily accessible position, for the use of persons engaged in the handling of food on those premises.

(44) Except where adequate provision is made elsewhere than in a food room, suitable and sufficient cupboards or locker accommodation shall be provided and maintained in all food premises, for the clothing and footwear not worn during working hours of all persons engaged in the handling of food on those premises.

(45)
1. (a) There shall be provided and maintained to the satisfaction of the inspector, in all food premises suitable and sufficient sinks or other facilities (not being hand wash basin mentioned in regulation (42) above, for washing food and equipment used in the food business).
1. (b) With an adequate supply of hot and cold water or of water at a suitably controlled temperature, but a supply of water shall be sufficient for any sink or other facility used only for the washing of fish, tripe, animal carcasses, fruits, or vegetables to the satisfaction of the inspector.
1. (c) All sinks and other facilities available for the said purpose shall be kept clean and in good working order.

(46) There shall be provided and maintained suitable and sufficient ventilation in every room to the satisfaction of the inspector.
1. (47) The walls, floors, doors, windows, ceiling, woodwork and all other parts of the structure of every food room shall, at all times, be kept clean and shall be kept in such good order and condition as to enable them to be effectively cleaned, and prevent the risk of contamination by rats, mice, insects and the entry of birds.
1. (48) No refuse of filth, whether solid and liquid, shall be deposited or allowed to accumulate in a food room except so far as may be unavoidable for the proper carrying on of the trade or business, and any such refuse or filth shall be removed as soon as is practicable and in any case before the end of each working day.