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Food Safety Act 2003 - Food Safety Regulations 2009

FIJI ISLANDS
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[LEGAL NOTICE NO. 20]

FOOD AND SAFETY ACT 2003
(NO. 10 OF 2003)
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FOOD SAFETY REGULATIONS 2009

Table of Contents

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FOOD AND SAFETY ACT
(NO. 10 OF 2003)
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Food and Safety Regulations 2009

In exercise of the powers conferred upon the Board by section 70 of the Food Safety Act 2003, the Board makes these Regulations -

PART I

PRELIMINARY

Citation and commencement

1.-(1) These Regulations may be cited as the Food Safety Regulations 2009.

(2) These Regulations come into force on the day it is published in the Gazette.

Purpose

2. The purpose of these Regulations is to protect the health of the public and to protect the consumer against deception and from food of unacceptable and poor quality, by establishing minimum Standards on food products. These Regulations apply to food imported into, or produced and processed in Fiji for domestic consumption or export/re-export.

Interpretation

3. In these Regulations, unless the context otherwise requires -

"Act" means the Food Safety Act 2003;

"Authorized officer" means a person who has the training, knowledge, skills and ability to perform an assigned task, and who is subject to requirements specified by these Regulations;

"Board" means the Central Board of Health constituted under section 3 of the Public Health Act (Cap 111);

"Catering premises" means those premises where food is offered for immediate consumption, including but not limited to restaurants, canteens, schools, hospitals, hotels and similar institutions as well as mobile or temporary vendors (where permitted) of ready-to-eat food;

"Claim" means any representation which states, suggests or implies that a food has particular qualities relating to its origin, nutritional properties, nature, processing, composition or any other quality;

"Competent Authority" means the official authority charged by the Board with the control of these Regulations. The national Competent Authority shall also be taken to mean a "food authority" under the Act. Not withstanding this definition, when the term "Competent Authority" is used in relation to the authority in another country to which Fiji is exporting or from which Fiji is importing, the Competent Authority shall be the official authority charged by that country to control imported or exported food;

"Consumer" means persons and families purchasing and receiving food in order to meet their personal needs;

"Container" means any packaging of food for delivery as a single item, whether by completely or partially enclosing the food and includes wrappers. A container may enclose several units or types of packages when such is offered to the consumer;

"Date of Manufacture" means the date on which the food becomes the product as described;

"Date of Minimum Durability" ("best before") means the date which signifies the end of the period under any stated storage conditions during which the product will remain fully marketable and will retain any specific qualities for which tacit or express claims have been made. However, beyond the date the food may still be perfectly satisfactory;

"Date of Packaging" means the date on which the food is placed in the immediate container in which it will be ultimately sold;

"Disinfection" means the reduction, without adversely affecting the food, by means of hygienically satisfactory chemical agents and/or physical, methods, of the number of microorganisms to a level that will not lead to harmful contamination of food;

"Food Additive" 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 foods. The term does not include "contaminants" or substances added to food for maintaining or improving nutritional qualities;

"Food authority" means a local authority or any other body empowered by the Board to function as a food authority under the Act;

"Foods for Catering Purposes" means those foods for use in catering premises such as restaurants, canteens, schools, hospitals, hotels and similar institutions where food is offered for immediate consumption.

"HACCP" means Hazard Analysis and Critical Control Point as defined by the Codex Alimentarius;

"Infant" means a person not more than 12 months of age;

"Lot" means a definitive quantity of a commodity produced essentially under the same conditions;

"Nutrient content claim" means a claim that describes the level of a nutrient contained in a food such as, but not limited to, "source of calcium"; "high in fibre and low in fat";

"Nutrient Comparative claim" means a claim that compares the nutrient levels and/or energy value of two or more foods such as, but not limited to, "reduced"; "less than"; "fewer"; "increased"; "more than";

"Nutrient Function Claims" means a health claim that describes the physiological role of the nutrient in growth, development and normal functions of the body;

"Packaged" means packed in a container;

"Potable water" is fresh water fit for human consumption. Standards of potability should not be lower than those contained in the latest edition of the "International Standards on Drinking Water" of the World Health Organization;

"Processing Aid" means a substance or material, not including apparatus or utensils, and not consumed as a food ingredient by itself, intentionally used in the processing of raw materials, foods or its ingredients, to fulfill a certain technological purpose during treatment or processing and which may result in the non-intentional but unavoidable presence of residues or derivatives in the final product;

"Spices" means spices including dried aromatic plants and relates to natural dried components or mixtures thereof, used in foods for flavouring, seasoning and imparting aroma. The term applies equally to spices in the whole, broken or ground form.

"Use-by Date" (Recommended Last Consumption Date, Expiration Date) means the date which signifies the end of the estimated period under any stated storage conditions, after which the product probably will not have the quality attributes normally expected by the consumers. After this date, the food shall not be regarded as marketable.

"Vegetables" means vegetables including mushrooms and fungi, roots and tubers, pulses and legumes, and aloe vera.

PART II

RELATIONSHIP TO CODEX ALIMENTARIUS

Standards

4.-(1) Where no Standard has been defined for any product under the Act and its regulations, the relevant Codex Standard shall be taken, subject to any variation prescribed under these Regulations, to be the Standard to be applied in Fiji.

(2) For any product, whether a Codex Standard exists or not, the Board may establish, as may be required from time to time, a Standard for application in Fiji.

(3) As laid down in section 69 of the Act, if there is a conflict between a Codex Standard and a Standard under these Regulations, the Standard under these Regulations will prevail unless otherwise directed by the Board.

Product definition

5.-(1) Where no specific product definition has been defined for any product under these Regulations, the product definition applied by the Codex Alimentarius in the relevant Codex Standard shall be taken to be the product definition to be applied in Fiji unless otherwise directed in these Regulations or by the Board.

(2) Where a specific product definition has been defined for any product under these Regulations, any additional product definition details applied by the Codex Alimentarius Commission in the relevant Codex Standard shall be taken to provide additional product definition requirements to be applied in Fiji, unless otherwise directed in these Regulations or by the Board.

(3) For any product, whether a Codex Standard exists or not, the Board may establish a product definition for application in Fiji, as may be required from time to time. Where this product definition is in conflict with a Codex Standard, the product definition established by the Board shall prevail.

Sampling

6.-(1) For those Standards where Codex Standards are adopted for application in Fiji, their adoption shall not be taken to include Codex requirements for sampling.

(2) Food business operators shall sample food as frequently as is required to validate or verify the correct functioning of their procedures based on good hygienic practice and based on HACCP principles, where these principles are being applied by the food business.

(3) Given the limited resources available to the people of Fiji, its industry and its government, it shall be satisfactory that a maximum of 10 samples be taken to determine compliance with the Act and its regulations for a transitional period lasting until 2020 unless otherwise specified in these Regulations or required by the Board or required by Competent Authorities of countries importing food from Fiji.

Applying HACCP

7.-(1) For those regulations where Codex hygiene requirements are adopted for application in Fiji, their adoption shall not be taken to mean that Codex requirements for HACCP shall be mandatory until 2015 or other transitional period subsequently defined by the Board or these Regulations.

(2) Not withstanding sub-regulation (1), all businesses involved in the handling of food for export to countries requiring HACCP to be in place for such food and in such food operations shall have a documented HACCP system and be applying HACCP as required -

(a) prior to handling the food for subsequent export, or

(b) as soon as required by the Competent Authority in the country to which the food will be exported, in cases where a transitional period is permitted.

(3) Where food business operations apply procedures based on good hygienic practices and HACCP principles, sampling and analysis may be undertaken as required to validate or verify the correct functioning of their procedures unless otherwise required by these Regulations or required by the Board, and provided that the safety of the food is not endangered and provided, in the case of exports, that the sampling and analysis is undertaken in accordance with the importing country's requirements.

PART III

SAMPLING AND ANALYSIS

Procedure for taking samples for physical or chemical analysis when only one sample is required and division of sample is possible

8.-(1) Where an authorized officer is taking or otherwise procuring a sample of food in accordance with section 44 of the Act for the purpose of physical or chemical analysis, the officer shall -

(a) divide the sample into three separate parts and mark and seal or fasten up each part in such a manner as its nature will permit;

(b) offer one part to the seller, importer or manufacturer or his agent or the person having charge of the food;

(c) deliver either personally or through another authorized officer or by A.R (Acknowledge of Receipt) registered mail one of the remaining parts to an analyst; and

(d) retain the remaining part.

Procedure for taking samples when one or more sample is required and division of sample is considered not possible or appropriate

9.-(1) If these Regulations require one or more samples to be taken and if in the opinion of the authorized officer the division of a sample for analysis into three separate parts in accordance with Regulation 8 is not practical or might affect the composition or impede the proper analysis of the content, the authorized officer shall take as many samples as required by these Regulations without dividing them into separate parts and -

(a) Where the sample(s) is being taken for physical or chemical analysis, the authorized officer taking or otherwise procuring the sample in accordance with section 44 of the Act shall -

(i) collect the sample(s) in a manner that doesn't contaminate it with an chemical or physical hazards;

(ii) mark and seal the sample in such a manner as its nature will permit;

(iii) transport the sample in a manner that limits, as much as practically possible, any change in physical or chemical contamination; and

(iv) deliver such sample(s) personally or through another authorized officer or by A.R (Acknowledge of Receipt) registered mail to an analyst with the least delay possible; and/or

(b) Where the sample(s) is/are being taken for microbiological analysis, the authorized officer taking or otherwise procuring the sample in accordance with section 44, of the Act shall -

(i) collect the sample(s) using aseptic technique;

(ii) mark and seal the sample in such a manner as its nature will permit;

(iii) transport the sample in a manner that limits, as much as practically possible, any change in microbiological populations; and

(iv) deliver such sample(s) personally or through another authorized officer or by A.R (Acknowledge of Receipt) registered mail to an analyst with the least delay possible.

(2) The non-division of a sample for analysis into three separate parts under this Regulation shall not be cause for challenging the suitability of the sampling process in prosecution processes.

Number of samples to be taken

10.-(1) The number of samples taken shall be related to the lot size of food to be analyzed and the level of risk associated with the food unless otherwise specified in these Regulations or required by the Board.

(2) Where no sampling plan is provided in the Regulations the sampling shall be undertaken in accordance with the Twenty-ninth Schedule.

Label for food sample and request for analysis

11.-(1) The label for a food sample shall be in quadruplicate with a common counterfoil in the form as prescribed in the First Schedule.

(2) Where a food sample is divided into three parts, one of such label as specified in to sub-regulation (1) shall be pasted on each part of the sample while the remaining label is to the request for analysis form.

(3) In cases where only one food sample is taken and not sub-divided only one of the labels shall be pasted on such sample while another label is to be affixed to the request for analysis form.

(4) In cases where more than one sample is taken in accordance with Regulations 9 and 10, each sample shall have a label affixed while another label shall be affixed to the request for analysis.

(5) The request for analysis for food sample shall be made in the Form as set out in the Second Schedule.

Analysis

12.-(1) Where Codex Standards are adopted for application in Fiji, their adoption shall not betaken to mean the only methods of analysis to meet the requirements of the Act and its regulations and Standards are those specified in the Codex Standards.

(2) Where an analysis is undertaken to assess compliance with the Act and its Regulations, the analysis shall be undertaken by a laboratory accredited by a national or international accreditation body for the analysis or by a laboratory approved for the analysis by the Board.

(3) Where an analysis is undertaken to assess compliance with the Act and its regulations in a laboratory that is accredited by a national or international accreditation body, the laboratory shall undertake the analysis using the accredited method.

(4) Where an analysis is undertaken to assess compliance with the Act and its regulations in a laboratory that is approved by the Board for a given analysis, that laboratory shall undertake the analysis using a method approved by the Board.

(5) Any analyst analyzing any food submitted to him/her in pursuance of the Food Safety Act shall give a certificate that clearly identifies the results of the analysis for the identified sample. In any legal proceeding under the Act the production of a certificate purporting to be signed by an analyst shall be prima facie evidence of the identity of the food analyzed and of the result of the food analyzed and of the result of the analysis without proof of the signature of the person appearing to have signed the same.

(6) A certificate of the result of an analysis given by an analyst shall be in the form as set out in the Third Schedule.

(7) It shall be an offence to use the analyst's certificate or the result of the analysis of the food analyzed to advertise any food for sale.

Sampling and analysis for export

13.-(1) Where an exporter, for the purposes of meeting the needs of an importing country's regulations or requirements, needs to vary from the sampling and analysis required by these Regulations, the exporter shall apply a sampling plan, method of sampling and method of analysis that complies with the need of the importing country.

(2) The exporter shall be responsible for bearing the cost for such sampling, analysis and any other costs required to achieve compliance, including the cost of sending samples to an accredited or approved laboratory.

PART IV

GOOD HYGIENIC PRACTICES

Obligations of food business operators regarding good hygienic practices

14. All food business operators shall ensure that good hygienic practices as prescribed in the Fourth Schedule shall be applied at all stages of production, processing, handling, storage and distribution of food under their control.

Specific hygienic practices for businesses producing, processing and/or distributing low-acid and acidified low-acid canned food

15. Food business operators producing, processing or and/or distributing low-acid and acidified low-acid canned food shall ensure that in addition to the good hygienic practices prescribed in Regulation 14, the specific good hygienic practices prescribed in the Fifth Schedule shall be applied at all stages of production, processing, handling, storage and distribution of food under their control.

Specific hygienic practices for businesses producing, processing and/or distributing fish and fisheries products

16.-(1) Food business operators producing, processing or and/or distributing fish and fisheries products shall ensure that in addition to the good hygienic practices prescribed in Regulation 14, the specific good hygienic practices prescribed in the Sixth Schedule shall be applied at all stages of production, processing, handling, storage and distribution of food under their control.

(2) Not withstanding sub-regulation (1), the Competent Authorities may permit those selling small quantities of fish for domestic consumption to be exempt from some or all of the requirements specified in the Sixth Schedule.

(3) No exemption under sub-regulation 16 (2) shall be taken to mean an exemption from the general principles of hygiene prescribed in the Fourth Schedule.

Specific hygienic practices for milk and milk products

17. Food business operators producing, processing or and/or distributing milk and milk products shall ensure that in addition to the good hygienic practices prescribed in Regulation 14, the specific good hygienic practices prescribed in the Seventh Schedule shall be applied at all stages of production, processing, handling, storage and distribution of food under their control.

Specific hygienic practices for meat and meat products

18. Food business operators producing, slaughtering and handling and distribution to the point of retail shall ensure that in addition to the good hygienic practices prescribed in Regulation 14, the specific good hygienic practices prescribed in the Eighth Schedule shall be applied at all stages of production, processing, handling, storage and distribution of food under their control.

Specific hygienic practices for egg and egg products

19. Food business operators producing, processing or and/or distributing egg and egg products shall ensure that in addition to the good hygienic practices prescribed in Regulation 14, the specific good hygienic practices prescribed in the Ninth Schedule shall be applied at all stages of production, processing, handling, storage and distribution of food under their control.

Good hygienic practices in the storage and transport of edible fats and oils in bulk

20.-(1) Edible fats and oils shall be transported in bulk in tankers reserved for foodstuffs only, unless otherwise permitted.

(2) Without limiting the generality of sub-regulation (1), where it is not possible to transport edible fats and oils in bulk in tankers reserved for foodstuffs only -

(a) Edible fats and oils shall only be transported in bulk when the bulk tanker to be used has previously been used to transport approved substances, in accordance with Codex guidance, in an appropriately designed system and has subsequently undergone adequate cleaning routines, followed by effective inspection and recording procedures; and

(b) Residues of substances in bulk tankers to be used for cargo of edible fats or oils shall not result in adverse human health effects and the acceptable or tolerable daily intake of the substance shall be greater than or equal to 0.1 mg/Kg of body weight per day. Substances for which there is no numerical acceptable or tolerable daily intake need be evaluated by the Competent Authority on a case by case basis.

(3) Fats and oils shall not be transported in bulk containers previously used to transport a known allergen.

PART V

LABELING RULES AND PACKAGING

General requirements in labeling

21.-(1) Pre-packaged food shall not be described or presented on any label or in any labeling in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character in any respect.

(2) Pre-packaged food shall not be described or presented on any label or in any labeling by words, pictorial or other devices which refer to or are suggestive either directly or indirectly, of any other product with which such food might be confused, or in such a manner as to lead the purchaser or consumer to suppose that the food is connected with such other product.

(3) In accordance with section 13 of the Act all pre-packaged food produced, processed, packed, distributed, or imported shall be labeled with the following information -

(a) The name of food;

(b) List of ingredients;

(c) Net contents or drained weight;

(d) Name and address of the manufacturer or packer or distributor;

(e) Lot identification;

(f) Date marking and storage instruction; and

(g) Instruction for use.

(4) The name of the food -

(a) shall indicate the true nature of the food; and

(b) where a name or names have been established for a food in a Codex Alimentarius Standard, at least one of these names shall be used.

(5) There shall appear on the label, close to the name of the food, all additional words or phrases necessary to avoid misleading or confusing the consumer in regard to the true nature and physical condition of the food including but not limited to the type of packing medium, style, and the condition or type of treatment it has undergone; for example: dried, concentrated, reconstituted, smoked.

(6) In relation to the ingredients in a food -

(a) except for single ingredient foods, a list of ingredients shall be declared on the label;

(b) the list of ingredients shall be headed or preceded by an appropriate title which consists of or includes the term 'ingredient';

(c) all ingredients shall be listed in descending order of ingoing weight (m/m) at the time of the manufacture of the food;

(d) cereals containing gluten; crustacea and products of these; eggs and egg products; fish and fish products; peanuts, soybeans and products of these; milk and milk products (lactose included); tree nuts and nut products; and sulphite in concentrations of 10 mg/Kg or more are known to cause hypersensitivity and shall always be declared and be declared by their specific name;

(e) added water shall be declared in the list of ingredients except when the water forms part of an ingredient such as brine, syrup or broth used in a compound food and declared as such in the list of ingredients;

(f) water or other volatile ingredients evaporated in the course of manufacture need not be declared;

(g) dehydrated or condensed foods which are intended to be reconstituted by the addition of water only, the ingredients may be listed in order of proportion (m/m) in the reconstituted product provided that a statement such as "ingredients of the product when prepared in accordance with the directions on the label" is included.

(h) a specific name shall be used for ingredients in the list of ingredients unless a general class name as permitted in the Codex General Standard on the Labeling of Pre-packaged Food would be more informative. In such circumstances, the permitted class names as laid out by the Codex General Standard on the Labeling of Pre-packaged Food, may be used.

(i) ingredients derived from beef and pork including but not limited to pork fat, lard, and beef fat shall always be declared by their specific names.

(j) for the identification of food additives, excluding those specified under (d) and (i), it shall be sufficient to list them under their respective classes as specified in the Codex General Standard on the Labeling of Pre-packaged Food together with the specific name or ISN numerical identification.

(k) the presence of brain, heart, kidney, liver, tongue or tripe in a food, shall be declared either by class name of the offal or by the specific type of offal.

(1) when a product is labeled as being in "natural oil", the addition of water, whether declared or not, shall not be permitted such that the consumer is misled by the label as to the packing medium.

(m) in case of mixed or blended food, words which indicate that the contents are mixed or blended, as the case may be, and such word shall be conjoined with the appropriate designation of the food "mixed ........." or "blended........."; and

(n) where, the food or its ingredients have been purposefully exposed to ionizing radiation, the statement or declaration indicating that the food or its ingredients has or have been treated with ionizing radiation.

(7) In relation to the declaration of the net contents -

(a) the net contents or drained weight shall be declared in metric system ('System International' unit ) or both in metric and imperial system; and

i. for solid foods by weight, for liquid foods by volume; and

ii. for semi-solid or viscous foods, either by weight or volume.

(8) In relation to the name and address of the manufacturer or packer or distributor -

(a) the name and physical address of the manufacturer, or packer or distributor or owner of rights of manufacture or brand owner in the case of food of local origin;

(b) for imported food, the name and address of local importer and/or distributor and the country of origin; or

(c) when a food undergoes processing in a second country which changes its nature, the country in which the processing is performed shall be considered to be the country of origin for the purposes of labeling.

(9) With respect to lot identification, each container shall be permanently marked to identify the producing factory and the lot.

(10) In relation to date marking and storage conditions -

(a) the expiration date shall be declared on all food where the food shall be consumed before a certain date because of health and safety reasons;

(b) the expiration date shall be declared by the words "use-by..."or "expiry date ..." or "expiration date..." or "exp..," and these words shall be accompanied by the date itself in uncoded numerical sequence except that the month may be indicated by letters;

(c) the date of minimum durability shall be declared on all food where an expiration date is not required unless otherwise exempted by these and subsequent regulations;

(d) the date of minimum durability shall be declared by the words "best before ..." or " best bef..." and these words shall be accompanied by the date itself in uncoded numerical sequence except that the month may be indicated by letters;

(e) the expiration date or the date of minimum durability shall consist at least of the day and the month for products with a minimum durability of not more than three months; or the month and the year for products with a minimum durability of more than three months;

(f) an indication of the date of minimum durability or expiration date shall not be required for fresh fruits and vegetables which have not been peeled, cut or similarly treated; wines, liqueur wines, sparkling wines, aromatized wines, fruit wines and sparkling fruit wines; beverages containing 10% or more by volume of alcohol; bakers' or pastry-cooks' wares which, given the nature of their content, are normally consumed within 24 hours of their manufacture; vinegar; food grade salt; solid sugars; confectionery products consisting of flavoured and/or coloured sugars; or chewing gum;

(g) in addition to the date of minimum durability or expiration date, any special conditions for the storage of the food shall be declared on the label if the validity of the date depends thereon;

(h) an indication of the date of minimum durability or expiration date shall not be required for bread with a shelf life of less than 7 days. Such food shall bear a label with the words "baked-on ..." and these words shall be accompanied by the date itself in encoded numerical sequence;

(i) an indication of the date of minimum durability or expiration date shall not be required for packed fresh meat, fish or poultry with a shelf life of less than 7 days, Such food shall bear a label with the words "packed-on ..." and these words shall be accompanied by the date itself in uncoiled numerical sequence; and

(j) shelf stable food, including but not limited to certain canned food, with a minimum durability of 3 years shall be deemed to have met date marking requirements of these Regulations if it bears the date of manufacture and a statement as to the minimum durability.

(11) Instructions for use, including reconstitution, where applicable, shall be included on the label, as necessary, to ensure correct utilization of the food.

(12) For non retail containers not destined to final consumers, the name of the product, lot identification, net contents and the name and address of the manufacturer, packer, distributor or importer, as well as storage instructions, shall appear on the container, except that for tankers the information may appear exclusively in the accompanying documents.

(13) Not withstanding sub-regulation (12), lot identification, and the name and address of the manufacturer, packer, distributor or importer on non retail containers may be replaced by an identification mark, provided that such a mark is clearly identifiable with the accompanying documents.

Requirements on nutrient content labeling

22. In accordance with Section 13 of the Act, the following is prescribed for nutrient content labeling on all pre-packaged food produced, processed, packed, distributed, or imported -

(a) the declaration of energy, protein, fat and carbohydrate, shall be made in accordance with composition;

(b) information on energy value shall be expressed in kcal per 100g or per 100ml or per package if the package contains only a single portion or per serving as quantified on the label or per portion provided that the number of portions contained in the package is stated;

(c) information on the amounts of protein, carbohydrate and fat in the food shall be expressed in g per 100g or per 100ml or per package if the package contains only a single portion or per serving as quantified on the label or per portion provided that the number of portions contained in the package is stated;

(d) numerical information on vitamin and mineral shall be expressed in metric units and for as a percentage of the Nutrient Reference Value per 100g or per 100ml or per package if the package contains only a single portion or per serving as quantified on the label or per portion provided that the number of portions contained in the package is stated;

(e) the declaration of nutrient content shall be numerical; and

(f) nutrient declaration shall be mandatory for foods for which nutrition claims are made and the amount of that nutrient per 100g or per 100ml expressed in metric unit, and/or per serving shall be declared;

Presentation of mandatory labeling

23. The following requirements are established in relation to the presentation of mandatory information -

(a) labels in pre-packaged foods shall be applied in such a manner that they will not become separated from the container;

(b) statements required to appear on the label by virtue of this regulation shall be clear, prominent, indelible and readily legible by the consumer under normal conditions of purchase and use;

(c) where the container is covered by a wrapper, the wrapper shall carry the necessary information or the label on the container shall be readily legible through the outer wrapper or not obscured by it;

(d) the name and net contents of the food shall appear in a prominent position and in the same field of vision;

(e) the language used in the label of food produced within Fiji for use in Fiji shall be in English for imported food, the mandatory information shall at least be in English language;

(f) if the language on the original label is not in English, a supplementary label containing the mandatory information in the required language may be used instead of relabeling; and

(g) in the case of either relabeling or a supplementary label, the mandatory information provided shall fully and accurately reflect that in the original label.

Prohibited claims

24. The following claims shall be prohibited -

(a) claims stating that any given food will provide an adequate source of all essential nutrients, except in the case of well defined products for which a Codex Standard permits such claims as admissible claims;

(b) claims implying that a balanced diet or ordinary foods cannot supply adequate amounts of all nutrients;

(c) a claim that encourages or condones excessive consumption of any food or contradicts good dietary practice;

(d) claims which cannot be substantiated;

(e) nutrition claims and health claims for foods for infants and young children except where specifically, provided for in relevant regulations;

(f) claims as to the suitability of a food for use in the prevention, alleviation, treatment or cure of a disease, disorder, or particular physiological condition, unless they are in accordance with the provisions of Codex Standards or guidelines and follow the principles set forth in these guidelines;

(g) claims which could give rise to doubt about the safety of similar food or which could arouse or exploit fear in the consumer;

(h) a claim that a food has obtained an increased or special nutritive value by means of the addition of nutrients, such as vitamins, minerals and amino acids shall be permitted only if such an addition has been made on the basis of nutritional considerations according to the Codex General Principles for the Addition of Essential Nutrients to Foods;

(i) claims of religious or ritual preparation, including but not limited to Halal and Kosher, when the food does not conform to the requirements of the appropriate religious or ritual authorities;

(j) claims on the absence of beef or pork or its derivatives or lard or added alcohol are prohibited if the food does not normally contain such ingredient,

(k) claims which highlight the absence or non-addition of particular substances to food where -

(i) the substance is one which consumers would not normally expect to find in the food; or

(ii) has been substituted by another, giving the food equivalent characteristics unless the nature of the substitution is clearly stated with equal prominence.

Use of nutrient content claims, nutrient comparative claims, nutrition claims and health claims

25.-(1) The only nutrition claims permitted shall be those relating to energy, protein, carbohydrate, and fat and components thereof, fibre, and sodium, and vitamins and minerals for which Nutrient Reference Values have been laid down in the Codex Alimentarius unless otherwise permitted by these Regulations or the Board.

(2) When a nutrient content claim that is listed in the Tenth Schedule is made, the claim shall be consistent with the Schedule.

(3) Nutrient comparative claims shall be permitted only where -

(a) the comparison is to the same or similar food; and

(b) a statement of the amount of difference in the energy value or nutrient content is given.

(4) Health claims shall be permitted provided that all of the following conditions are met:

(a) Proof shall be sufficient to substantiate the type of claimed effect as recognized by appropriate scientific review of the data;

(b) Claims consist of both information on the physiological role of the nutrient or on an accepted diet-health relationship and associated composition information;

(c) The claimed benefit shall arise from the consumption of a reasonable quantity of the food or food constituent in the context of a healthy diet;

(d) A validated method to quantify the food constituent that forms the basis of the claim is available; and

(e) The following information appears on the label or labeling of a food bearing health claims:

(i) a statement of the quantity of any nutrient or other constituent of the food that is the subject of the claim,

(ii) the target group, if appropriate.

(iii) how to use the food to obtain the claimed benefit and other lifestyle factors or other dietary sources, where appropriate.

(iv) if appropriate, advice to vulnerable groups on how to use or to avoid using the food.

(v) maximum safe intake of the food or constituent where necessary.

(vi) how the food or food constituent fits within the context of the total diet.

(vii) a statement on the importance of maintaining a healthy diet.

(5) Claims that relate to dietary guidelines or "healthy diets" shall only be permitted -

(a) where they are consistent with any Fiji national dietary guidelines;

(b) where the claim is not based on selective consideration of one or more aspects of the food; and

(c) where the food is not described as "healthy" or represented in a manner that implies that a food in and of itself will impart health.

(6) A claim to the effect that a food is a good source of a vitamin or mineral may be made if the food contains no less than 25% of the recommended daily intake for that vitamin or mineral.

(7) A claim regarding the food being fortified shall only be permitted where the food has been approved by the Competent Authority as being suitable for such and shall not include food considered by the Competent Authority to be high in sugars, fat or salt, with the exception of fortified salt itself.

Packaging

26.-(1) Materials and processes used for packaging, including wrapping, shall not be a source of contamination to the food.

(2) While not limiting the generality of sub-regulation (l), the maximum levels of vinyl chloride monomer and acrylonitrile permitted in food and packaging in Fiji shall be 0.01 mg/Kg in food and 1.0mg/Kg in food packaging material for vinyl chloride monomer and 0.02 mg/Kg for acrylonitrile in food.

(3) Packaging, including wrapping, shall be stored in such a manner that they are not exposed to a risk of contamination.

(4) Packaging used for the protection of food for sale cannot be re-used for food or feed unless the Competent Authority approves such re-use after inspecting both the accuracy of the labeling and the cleaning and disinfection processes applied to the second hand packaging.

(5) While not limiting the generality of sub-regulation (4), cartons used to package eggs shall not be reused.

(6) When food business operators retail raw meat and poultry direct to consumers such meat and poultry shall be packaged such that the packaging prevents contamination of the meat and poultry and prevents the meat and poultry from contaminating other food. Such packages shall be labeled in accordance with the mandatory labeling requirements of these Regulations unless otherwise permitted by the Board.

(7) While not limiting the generality of sub-regulation (6), butcher shops and retailers need not package meat and poultry for display for sale provided such meat and poultry are not potentially subject to consumer handling. Upon selling the meat and poultry direct to consumers butchers shall package the food in packaging that prevents contamination of the meat and poultry and prevents the meat and poultry from contaminating other food.

(8) While not limiting the generality of Regulations on mandatory labeling, packaging as prescribed under sub-regulation (7) shall be exempt from mandatory labeling requirements.

PART VI

FOOD ADDITIVES AND NUTRIENT SUPPLEMENTS

Food additives

27.-(1) Unless otherwise prescribed in the Regulations, the additives that shall be permitted for use in a given product shall be those additives permitted for use in the Codex General Standard on Food Additives' and the maximum level of each permitted additive in the final product is the maximum level that is permitted for use in this Standard.

(2) Where no national regulation or Codex Standard exists for additives to be used in a food, the processor or importer shall be required to demonstrate, to the satisfaction of the Competent Authority, the safety of the additives to be used for a particular product, prior to importation or processing of the product.

(3) Food business operators, including but not limited to processors and importers shall ensure that the additives present in a given food comply with the requirements of the Codex Alimentarius, unless otherwise prescribed in these Regulations or by the Board.

Nutrient supplements

28.-(1) In these Regulations, "nutrient supplement" includes any mineral or vitamin which, when added either singly or in combination to food, improves or enriches the nutrient content of food.

(2) The following specified minerals and vitamins shall be the permitted nutrient supplements within the meaning and for the purposes of these Regulations -

(a) Calcium

(b) Carotene forms of Vitamin A Thiamine

(c) Folate

(d) Iodine

(e) Iron

(f) Magnesium

(g) Pantothenic acid

(h) Phosphorus

(i) Riboflavin

(j) Selenium

(k) Niacin

(l) Vitamin A

(m) Vitamin B6

(n) Vitamin B12

(o) Vitamin C

(p) Vitamin D

(q) Vitamin E

(r) Zinc c

(3) No person shall sell any food to which a nutrient supplement other than a permitted nutrient supplement has been added unless subsequently permitted by Regulations.

(4) No person shall import, manufacture or advertise for sale or sell, as suitable for use in food, any nutrient supplement other than a permitted nutrient supplement.

(5) A vitamin or mineral specified in sub-regulation (2) may be added to a food, provided that the total of the naturally occurring and added quantity of that vitamin or mineral present -

(a) does not exceed the quantity permitted by these or other Regulations under the Act;

(b) where no limits are prescribed by Regulations under the Act, does not exceed the quantity governed by good manufacturing practices;

(c) where no limits are prescribed by Regulation under the Acts, does not exceed a safe quantity; and

(d) where no limits are prescribed by Regulations under the Act, does not exceed the quantity permitted in the Regulations or Standards of the country of origin of an imported food.

PART VII

INCIDENTAL CONSTITUENTS

General limits on contaminants

29. The maximum levels of contaminants in food that shall be permitted in Fiji shall be those limits specified by the Codex Alimentarius unless a different limit is specified in the Act and its regulations, including these Regulations.

Specific limits on chemical contaminants

30.-(1) Without prejudice to the general regulations on contaminants outlined in Regulation 29, the limits on chemical contaminants specified in the Eleventh Schedule shall be specifically applied on product imported into and produced and processed in Fiji for consumption in Fiji or for export

(2) Any product shall be considered to be non-compliant with these Regulations when any one sample unit contains a chemical contaminant that exceeds the level specified in the Schedule to sub-regulation (1).

Mycotoxins

31. Without prejudice to the general regulations on contaminants outlined in Regulation 29, the limits on mycotoxins specified in the Eleventh Schedule shall be specifically applied on product imported into and produced and processed in Fiji.

(2) Any product shall be considered to be non-compliant with these Regulations when any one sample unit contains toxin that exceeds the level specified in sub-regulation (1).

Pesticide residues

32.-(1) The maximum levels of pesticide residues in food that shall be permitted in Fiji shall be those limits specified by the Codex Alimentarius.

(2) Any product shall be considered to be non-compliant with these Regulations when any one sample unit contains a residue that exceeds the level specified by the Codex Alimentarius.

Veterinary drug residues

33.-(1) The maximum levels of veterinary drug residues in food that shall be permitted in Fiji shall be those limits specified by the Codex Alimentarius.

(2) Any product shall be considered to be non-compliant with these Regulations when any one sample unit contains a residue that exceeds the level specified by the Codex Alimentarins.

Microbiological criteria

34.-(1) Food products for sale in Fiji shall comply, prior to import, at the point of import, and at the point of sale, with the microbiological criteria established in the Twelfth Schedule.

(2) Food importers shall be responsible for ensuring that food imported into Fiji complies with the microbiological criteria established in the Schedule to sub-regulation (1) prior to importation and, where required by an authorized officer, at the point of import.

(3) Not withstanding the criteria specified in the Twelfth Schedule it remains the food business operator's responsibility and the importer's responsibility, in the case of imported food, to ensure the safety of the product prior to its being placed on the market for sale.

(4) Not withstanding the criteria specified in the Twelfth Schedule, no food business shall store, distribute, display for sale or sell food in which microorganisms can be detected at levels with the potential to cause harm.

(5) Food products for export from Fiji shall comply, prior to export, with the microbiological criteria established by the importing country, and where no such criteria have been established, with the requirements outlined under sub-regulation (1).

PART VIII

COMMODITY STANDARDS

Milk and milk products

35. Milk and milk products produced, processed, handled, kept, distributed, displayed for sale or sold in Fiji or imported into or exported from Fiji shall comply with the requirements prescribed in the Thirteenth Schedule, unless otherwise exempted by the Board.

Meat and meat products

36. Meat and meat products produced, processed, handled, kept, distributed, displayed for sale or sold in Fiji or imported into or exported from Fiji shall comply with the requirements prescribed in the Fourteenth Schedule, unless otherwise exempted by the Board.

Poultry, poultry products, eggs and egg products

37. Poultry, poultry products, eggs and egg products produced, processed, handled, kept, distributed, displayed for sale or sold in Fiji or imported into or exported from Fiji shall comply with the requirements prescribed in the Fifteenth Schedule, unless otherwise exempted by the Board.

Fish and fisheries products

38. Fish and fisheries products produced, processed, handled, kept, distributed, displayed for sale or sold in Fiji or imported into or exported from Fiji shall comply with the requirements prescribed in the Sixteenth Schedule, unless otherwise exempted by the Board.

Edible fats and oils

39. Edible fats and oils produced, processed, handled, kept, distributed, displayed for sale or sold in Fiji or imported into or exported from Fiji shall comply with the requirements prescribed in the Seventeenth Schedule, unless otherwise exempted by the Board.

Fruits, vegetables and their products

40. Fruits, vegetables and their products produced, processed, handled, kept, distributed, displayed for sale or sold in Fiji or imported into or exported from Fiji shall comply with the requirements prescribed in the Eighteenth Schedule, unless otherwise exempted by the Board.

Cereal avid cereal products

41. Cereal and cereal products produced, processed, handled, kept, distributed, displayed for sale or sold in Fiji or imported into or exported from Fiji shall comply with the requirements prescribed in the Nineteenth Schedule, unless otherwise exempted by the Board.

Sugars and honey

42. Sugars and honey produced, processed, handled, kept, distributed, displayed for sale or sold in Fiji or imported into or exported from Fiji shall comply with the requirements prescribed in the Twentieth Schedule, unless otherwise exempted by the Board.

Spices and salt

43. Spices and salt produced, processed, handled, kept, distributed, displayed for sale or sold in Fiji or imported into or exported from Fiji shall comply with the requirements prescribed in the Twenty-first Schedule, unless otherwise exempted by the Board.

Beverages

44. Beverages produced, processed, handled, kept, distributed, displayed for sale or sold in Fiji or imported into or exported from Fiji shall comply with the requirements prescribed in the Twenty-second Schedule, unless otherwise exempted by the Board.

Food for infants and other vulnerable populations

45. Food for infants and other vulnerable populations produced, processed, handled, kept, distributed, displayed for sale or sold in Fiji or imported into or exported from Fiji shall comply with the requirements prescribed in the Twenty-third Schedule, unless otherwise exempted by the Board.

Miscellaneous other foods

46. The foods not elsewhere described in this Part that are produced, processed, handled, kept, distributed, displayed for sale or sold in Fiji or imported into or exported from Fiji shall comply with the requirements prescribed in the Twenty-fourth Schedule, unless otherwise exempted by the Board.

PART IX

LICENSES

Premises engaged in food business operations

47.-(1) All premises where food business operations are carried out shall be currently licensed with a health license issued by Board in respect of such premises in accordance with Part 3 sections 16 and 17 of the Act.

(2) No person shall operate a business if the premises are not licensed or if the license has been suspended or revoked under section 20 of the Act.

(3) No person shall for the purpose of the sale or advertisement of the food to which the license applies refer to the license by any such descriptions (other than the special designation authorized by the license) as is likely to suggest that it is tested, approved or graded by any authorized officer.

(4) The holder of the health license shall -

(a) keep accurate record of the quantities of the raw materials and ingredients and products purchased and products sold and of the names and addresses of the persons from whom the raw materials and ingredients and products were purchased and to whom products were sold, except where the products are directly sold to the consumer;

(b) retain such records as referred to in sub-regulation (4) a. for a period of six months longer than the expiration date of the product or the expected durability of the product, where an expiration date is not defined;

(5) Not withstanding the generality of sub-regulation (4) food business operators in possession or health licenses for market stalls or mobile or temporary stalls or village retail only outlets shall not be required to maintain written records but shall be able to identify their suppliers to authorized officers upon request.

(6) Application for the issue or renewal of a health license shall be made in writing on the form contained in the Twenty-fifth Schedule.

(7) Applications under sub-regulation (6) shall be lodged, along with the fee prescribed in the Twenty-sixth Schedule, with an authorized officer of the food authority in which the premises are located.

(8) Once the application and fee specified in sub-regulation (7) have been provided, an authorized officer of the food authority in which the premises are located shall cause an inspection to be made to assess compliance with section 20 of the Act and that the food business operations to be conducted, or being conducted, on the premises comply with all requirements of the Act and its Regulations.

(9) Upon completion of the inspection specified in sub-regulation (8), authorized officer of the food authority in which the premises are located shall send the recommendations thereon to the Competent Authority and the Board with the application form and fee and any such report as may be necessary.

(l0) A health license shall be in the form contained in the Twenty-seventh Schedule.

(11) Such further particulars shall be given by the applicant as the Board may reasonably require.

(l2) The Board may refuse to issue or renew any health license -

(a) in respect of any application or of any premises which does/do not conform with the requirements of the Act and its Regulations; or

(b) of any applicant who during the period of twelve months immediately preceding the date of application for such issue or renewal had been convicted on at least two occasions of offences against the Act and its Regulations.

(13) A health license shall, unless revoked or suspended, remain in force until 31 December next following the date on which it is expressed to come into force.

(14) The Board shall cause to be kept a register of health licenses issued, renewed, suspended, revoked and transferred.

(15) The Board may, on application in writing of the licensee, transfer the license to another person by endorsing thereon the name of the transferee and such particulars as may be necessary, consequent upon the transfer, provided that the Board may refuse to transfer a license to any person who during the period of twelve months immediately preceding the date of application for such transfer has been convicted on at least two occasions of offences under the Act and its Regulations.

(16) If it appears that any premises, licensed by the Board to carry out any food business operations, are not maintained, kept or constructed in accordance with the provisions of these Regulations or the business operations on the premises do not otherwise comply with the Act and its Regulations, a food authority or the Board may order a business to close in accordance with section 19 of the Act, until the premises and food business operations comply with the Act and its Regulations.

(17) If it appears that any premises licensed by the Board to carry out any food business operations, are not maintained, kept or constructed in accordance with the provisions of these Regulations or the business operations do not otherwise comply with the Act and its Regulations, the Board, after giving due notice of its intention to do so, and of the grounds of such intention, to the licensee, and after affording the licensee a reasonable opportunity of remedying any breach of the Regulations specified in such notice, may, on being satisfied that any such breach has not been remedied, revoke the license.

(18) The Board shall give notice in writing of such revocation and of the date thereof to the licensee.

PART X

AUTHORIZED OFFICERS AND INSPECTIONS

Qualifications of authorized officers

48. In accordance with section 33 (1) of the Act that requires the prescription of the minimum qualifications for persons to be authorized officers to administer and enforce the provisions of the Act, the minimum qualifications shall be -

(a) the Diploma in Public Health inspection for general overseas appointment from Royal Society of Health, London, or its equivalent and 48(d).;

(b) a qualification in environmental health from the Fiji School of Medicine and 48(d).; or

(c) a degree in food science or technology or its equivalent and 48(d).;

(d) satisfactory completion of an in-service training course provided by the Chief Health Inspector or his/her nominated authorized officer.

Frequency of inspections

49.-(1) Authorized officers shall conduct inspections of food premises in line with the risk associated with the food being produced, processed, handled, stored, displayed, transported or sold and in accordance with the history of compliance or otherwise as outlined in the Twenty-eighth Schedule.

Cost of inspections undertaken in respect of re-inspection for non-compliance

50.-(1) The Board shall charge a fee for re-inspections taken as a follow up to the provision of a non compliance report of inspection provided in accordance with 21(2) of the Act.

(2) The fee charged under sub-regulation (1) shall be the cost incurred by the authorized officer in terms of time spent on the re-inspection, with a minimum of one hour's labour chargeable along with transportation costs to and from the premises.

(3) The Board shall publish the rates to be applied under sub-regulation (2) as appropriate to ensure food business operators are adequately informed and to ensure national consistency of fees charged.

(4) The Board may increase the amounts chargeable in accordance with the annual percentage increase (if any) in the Consumer Price Index.

(5) The charges payable under this Regulation are payable to the Board.

(6) The Board may reduce or waive payment of a charge in a particular case or class of cases.

PART XI

OFFENCES, PENALTIES AND PUBLICATION OF OFFENDERS

Offences and penalties

51.-(1) Any food business operator or any person who -

(a) does not ensure that good hygienic practices as prescribed in Part IV of these Regulations and associated Schedules are applied at all stages of production, processing, handling, storage and distribution of food under their control; or

(b) imports any food that has been produced, harvested, prepared, processed, handled, packed, kept, or conveyed in a manner contrary to the good hygienic practices prescribed in Part IV of these Regulations and associated Schedules; or

(c) packs, keeps, conveys, imports or sells any food that is packed or labeled in a manner contrary to the requirements prescribed in Part V of these Regulations, for which no offence or penalty is prescribed in the Act and its Schedules; or

(d) stores, advertises for sale, displays for sale or sells a food past its-expiration (use-by date); or

(e) advertises for sale, displays for sale or sells a food past its date of minimum durability (best before) and if the food is unsafe, unhygienic, or unfit for consumption or if the quality has deteriorated to such an extent that, in the opinion of an authorized officer, a consumer would be misled as to the quality of the food; or

(f) stores or displays for sale a food in a manner contrary to storage requirements prescribed on its label or associated labeling; or

(g) imports, produces, harvests, prepares, processes, handles, packs, keeps, conveys, or sells any food contaminated in a manner contrary to Part VII of these Regulations and associated Schedules; or

(h) operates contrary to licensing requirements specified under Part IX of these Regulations, for which no specific offence or penalty is prescribed in the Act and its Schedules; or

(i) fails to pay the fee for re-inspection as required under Regulation 50;

commits an offence and is liable on conviction to a maximum fine of $2,000 or to imprisonment for 12 months or both.

(2) A person who imports, produces, harvests, prepares, processes, handles, packs, keeps, conveys, or sells any food that is non-compliant with the standards prescribed in Part VIII of these Regulations and associated Schedules, and where it is not possible to demonstrate in any prosecution procedures that such food is likely to be mistaken for a specific standard food, commits an offence and is liable on conviction to a maximum fine of $2,000 or to imprisonment for 12 months or both.

Publication of names of offenders

52.-(1) The Competent Authority may publish a notification under this section in a newspaper circulating in this country and/or on the website of the Competent Authority in respect of any person who is convicted of an offence under the Act or these Regulations.

(2) Except as provided by subsection (3), the notification may only be published within 30 days after the last day on which an appeal may be made against the conviction.

(3) If an appeal is made against the conviction, a notification under this section shall not be published unless a final order has been made on appeal affirming the conviction, in which case, the notification may only be published within 30 days of the final order being made.

(4) A notification under this section may contain -

(a) the address of the relevant person's place of business, and

(b) the trade or company name under which the company trades, if relevant, and

(c) a description of the nature of the offence, the decision of the court, the penalty imposed or any forfeiture incurred, and

(d) such other information relating to the safety of the food concerned as the Food Authority thinks necessary.

(5) No liability is incurred by a person for publishing in good faith -

(a) a notification under this section, or

(b) a fair report or summary of such a notification.

PART XII

REVOCATION

Revoking of Pure Food Regulations

53. (1) In accordance with the Act, these Regulations revoke the regulations made under the Pure Food Act (Cap. 116).

DATED this ..................... day of ............................. 2009.

......................................
CHAIRMAN
Central Board of Health

.............................
DR N. SHARMA
Minister for Health

________

FIRST SCHEDULE
(Regulation 11 (1))

FOOD SAFETY ACT 2003
FOOD SAFETY REGULATIONS 2008

LABEL FOR FOOD SAMPLE

SECOND SCHEDULE
(Regulation 11 (5))

FOOD SAFETY ACT 2003
FOOD SAFETY REGULATIONS 2008

REQUEST FOR ANALYSIS OF FOOD SAMPLE

THIRD SCHEDULE
(Regulation 12 (6))

FOOD SAFETY ACT 2003
FOOD SAFETY REGULATIONS 2008

ANALYST CERTIFICATE

LABORATORY NO .....................................
To....................................................................
......................................................
......................................................

I, the undersigned, an analyst appointed under the Food Safety Act 2003, do hereby certify that on the .................. day of ................................. 20................

*there was handed to me by

..........................................................

*I had received by A.R registered mail from ........................................................................ sample (s) of ............................................. with Sample Reference No(s)............................... for analysis in a ................................................*labelled/marked
............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
and scaled ................................................................................................................................ and that I have analyzed the same before any changes had taken place in the constitution of the food that would interfere with the analysis, and that the result of my analysis is as follows:
...............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

As witness my hand, this hour ........................... day of ....................20........

...............................................
...............................................
...............................................
...............................................
(Name and Designation of Analyst)

* Delete where not applicable,

FOURTH SCHEDULE
(Regulation 14)

FOOD SAFETY ACT 2003
FOOD SAFETY REGULATIONS 2008

STANDARD ON GENERAL REQUIREMENTS ON GOOD HYGIENIC PRACTICES FOR ALL FOOD BUSINESSES

1 General
(1) Premises shall be located, designed and constructed in a manner that is not likely to contaminate food and that prevents pest and animal access and harbourage.

(2) Premises shall be in good repair and condition.

(3) Premises, utensils and equipment shall be kept clean.

(4) Adequate facilities shall be available to maintain personal hygiene.

(5) An adequate supply of safe water shall be available wherever water or ice is required for food business operations.

(6) Adequate facilities shall be available to hygienically store and dispose of waste.

(7) Facilities shall be adequate to ensure proper temperature control of food, where required.

2 Location of premises
(1) Food business premises shall be located away from -

a. environmentally polluted areas and industrial activities which may lead to contamination of food;

b. areas subject to flooding unless sufficient safeguards are provided;

c. areas prone to infestations of pests; and

d. areas where wastes, either solid or liquid, cannot be removed effectively.

(2) Where a flood has occurred and food business premises have been affected, no food shall be moved or sold from the premises without permission of authorized officers who shall conduct an inspection to determine the safety or otherwise of such food for salvaging and possible future sale.

(3) Food assessed as being unsafe for sale due to insanitary conditions associated with flooding shall be seized and detained in accordance with section 35 (2) of the Act.

3 Location of equipment
(1) Equipment shall be located so that it -

a. permits effective maintenance and cleaning; and

b. functions properly.

4 Design and layout of premises
(1) The internal design and layout of food establishments shall permit good hygienic practices, including protection against cross-contamination from raw or semi-processed food to ready-to-eat food.

(2) While not limiting the generality of section (1), the internal design and layout of food establishments shall provide adequate working space to allow for the hygienic performance of all operations.

(3) No room used in food processing, preparation of food, food handling, storage of food, or display of food, shall be used for domestic purposes or located such that it directly opens into a room used for domestic purposes, including but not limited to sleeping.

5 Internal structures and fittings
(1) Structures within food establishments shall be soundly built of durable materials and be easy to maintain, clean and where appropriate, able to be disinfected.

(2) While not limiting the generality of section (1), the following specific conditions shall be satisfied where necessary to protect the safety of food -

a. the surfaces of walls, partitions and floors shall be made of impervious and non-toxic materials;

b. walls and partitions shall have a smooth surface up to a height appropriate to the operation;

c. floors shall be constructed to allow adequate drainage and cleaning;

d ceilings and overhead fixtures shall be constructed and finished to minimize the build up of dirt and condensation, and the shedding of particles;

e. windows shall be easy to clean, be constructed to minimize the build up of dirt and where necessary, be fitted with removable and cleanable insect-proof screens.

f. doors shall have smooth, non-absorbent surfaces, and be easy to clean;

g. working surfaces that come into direct contact with food shall be in sound condition, durable and easy to clean, maintain and disinfect. They shall be made of smooth, non-absorbent materials, and inert to the food, to detergents and disinfectants under normal operating conditions; and

h. not withstanding the generality of (2) (g), cutting boards may be made of wood where necessary for operational reasons provided the wood surface is maintained, and properly cleaned and disinfected after each use.

6 Equipment and containers
(1) Equipment and containers shall be designed and constructed of non-toxic materials and shall be in sound condition, durable and easy to clean, maintain and disinfect.

7 Cooking equipment and associated exhaust systems
(1) Cooking equipment and associated exhaust systems shall be designed and operated in such a manner as to -

a. prevent a build up of grease and soot in the kitchen; and

b. prevent any contamination of food that might arise from the burning of any fuel used for cooking.

8 Water and ice supplies
(1) Food businesses shall have adequate potable water available to ensure the safety of food.

(2) Ice shall be made from potable water and shall be protected so that it is not contaminated in a manner that could lead to it being unsafe.

(3) Non-potable water, for uses that will not contaminate food, including but not limited to flushing of toilets, shall have a separate system.

9 Drainage and waste disposal
(1) Adequate drainage and waste disposal systems and facilities shall be provided. They -

a. shall be designed and constructed so that the risk of contaminating food or the potable water supply is avoided; and

b. shall be designed so that they do not pollute the environment.

10 Cleaning facilities
(1) Adequate facilities shall be provided for cleaning food, utensils and equipment. Such facilities shall have an adequate supply of potable water, including hot water where appropriate.

(2) Facilities for cleaning of raw meat, fish, poultry or other potentially high risk food shall be separate from any facilities used for washing salad vegetables or other ready-to-eat food, and separate from facilities for washing utensils and equipment.

11 Personnel hygiene facilities and toilets
(1) Personnel hygiene facilities shall be available to ensure that an appropriate degree of personal hygiene can be maintained and to avoid contaminating food.

(2) Where appropriate, including but not limited to restaurants, bakeries, and food processing premises, suitably located facilities shall include -

a. adequate means of hygienically washing and drying hands, including wash basins and an appropriate supply of water, including both hot and cold water where possible; and

b. toilets of appropriate hygienic design.

(3) In those premises where toilets are required, they shall -

a. be available in sufficient number to ensure good hygiene is maintained;

b. have adequate hand washing and drying facilities;

c. be maintained in a hygienic manner;

d. not open directly into rooms in which food is being processed, prepared or handled; and

e. be connected to an effective drainage system.

12 Air quality and ventilation
(1) Adequate means of natural or mechanical ventilation shall be provided, in particular to-

a. minimize air-borne contamination of food and contamination of food from condensation;

b. control temperatures and humidity; and

c. control odours which might affect the suitability of food.

(2) Ventilation systems shall be designed and constructed so that air does not flow from contaminated areas to clean areas.

13 Lighting
(1) Adequate natural or artificial lighting shall be provided to enable the business to operate in a hygienic manner.

14 Storage
(1) Where necessary, adequate facilities for the storage of food, ingredients and non-food items shall be provided.

(2) Food storage facilities shall be designed and constructed to -

a. permit adequate maintenance and cleaning;

b. avoid pest access and harbourage;

c. enable food to be effectively protected from contamination during storage; and

d. where necessary, provide an environment which minimizes the deterioration of food (e.g. by temperature and humidity control).

(3) While not limiting the generality of section (2), storage facilities in premises of food businesses shall be organized such that -

a. food is not stored in the same room as fuel or other chemicals, or in any manner that might enable chemicals to contaminate food;

b. food is stored in an organized manner such that both a food handler and an authorized can identify which food is closer to its use by date or which food has been produced or processed most recently;

c. non-food items are present only as necessary and storage facilities are not also used for storage of personal clothing, personal hygiene items, or other items unless these are stored separately from food and in a manner that doesn't increase the likelihood of food contamination or provide pest harbourage; and

d. tools and cleaning materials are present only as necessary and are stored separately from food and food handling areas.

(4) Where non-food items are stored or displayed for sale in a retail or wholesale food business those non-food items shall be stored or displayed in a manner that ensures the food is effectively protected from contamination during storage. Where necessary, this may be taken to mean on separate shelves and in separate locations in the premises.

15 General maintenance of establishments and equipment
(1) Establishments and equipment shall be kept in an appropriate state of repair and condition to facilitate all sanitation procedures, to function as intended, and to prevent contamination of food.

16 Cleaning and disinfection
(1) Food business operators shall implement cleaning and disinfection programs that shall be adequate to ensure that all parts of the establishment, its equipment and facilities are appropriately clean.

(2) While not limiting the generality of section (1), cleaning shall be adequate to remove food residues and dirt which may be a source of contamination to food.

(3) While not limiting the generality of section (1), no wall, floor, ceiling, fan, fixture, window, door, material, equipment, or utensil shall be permitted to be contaminated with dirt, dust, grease, or other material indicative of inadequate cleaning.

(4) When an operator has completed cleaning, including disinfection where necessary, the results of any testing of cleaned surfaces required by or undertaken by authorized officer shall meet any microbiological criteria established by the Competent Authority's Chief Health Inspector, or representative, in documented guidance on cleaning and sanitation for food business operators.

(5) Vehicles, vessels, conveyances and bulk containers for transporting food shall be kept in an appropriate state of cleanliness, repair and condition.

(6) Where the same vehicle, vessel, conveyance or container is used for transporting different foods, or non-foods, effective cleaning and, where necessary, disinfection shall take place between loads.

(7) Cleaning chemicals shall be handled and used carefully and in accordance with manufacturers' instructions and stored, where necessary, separated from food, in clearly identified containers in such a manner as to avoid the risk of contaminating food, and as may be requested by an authorized officer for such purposes.

17 Pest control
(1) Buildings shall be kept in good repair and condition to prevent animal and pest access and to eliminate potential breeding sites.

(2) Animals shall not be permitted in areas where food is cooked or where food is handled, stored, displayed or sold.

(3) Wherever possible, animals shall be excluded from food processing premises, including the grounds.

(4) Potential food sources for pests, including but not limited to rice, flour and sugar, shall be stored in pest-proof containers and stacked above the ground and away from walls.

(5) Areas both inside and outside food premises shall be kept clean.

(6) Establishments and surrounding areas shall be regularly examined for evidence of infestation.

(7) Pest infestations shall be dealt with immediately and without adversely affecting food safety.

(8) While not limiting the generality of section (7), pesticides shall not be applied to food packaging, food contact surfaces or food in any food business' operations, excluding their application under good agricultural practices.

(9) Waste shall be stored in covered, pest-proof containers.

(10) Waste shall not be allowed to accumulate in food handling, food storage, and other working areas and the adjoining environment.

18 Time and temperature control
(1) Food businesses shall ensure that temperature of food is controlled effectively to protect food from hazards.

(2) Fresh meat, poultry, seafood and eggs shall be stored under refrigeration during storage and display in all food business operations.

(3) While not limiting the generality of sections (1) and (2), no food containing meat, seafood, poultry, or milk, other than shelf-stable food, shall be held in the danger zone between 5°C and 66°C for more than 4 hours in total, prior to sale.

(4) The thawing of frozen food shall be undertaken in such a way as to minimize the risk of growth of pathogenic microorganisms or the formation of toxins in the foods.

(5) While not limiting the generality of section (4), the thawing process shall be carried out under refrigeration, through the use of microwaves, under running water, or any other method that the Competent Authority approves as not likely to result in a risk to health.

(6) When power shortages are experienced because of supply problems, a food business shall protect the safety of the food by -

a. providing power generation facilities that are applied to the running of refrigerators and freezers; or

b. using any other means that both ensures that refrigerators and freezers are able to maintain the temperature of the food at safe temperatures and protects the food from contamination.

(7) No freezer used to hold food for sale shall have excessive, in the opinion of authorized officers, build up of ice which may limit the efficiency of the freezer.

(8) If power to a freezer or freezers is purposely turned off by a food business operator at any time of day or night, and food held in the freezer at the time of the power loss is subsequently offered for sale, the food may be seized and disposed of by authorized officers where there is concern for product quality or safety.

(9) If power to a freezer or freezers containing food for sale fails at anytime of day or night, and food held in the freezer at the time of the power loss is subsequently offered for sale, the food may be seized and disposed of by authorized officers where there is concern for product quality or safety and evidence exists that the food has not been consistently held at least at or below minus 12ºC.

(10) Vehicles or vessels used to transport meat, fish or poultry shall have adequate capacity to ensure frozen product remains frozen throughout the period of transportation and to ensure non-frozen raw meat, fish or poultry are maintained at less than 5°C.

19 Microbiological cross-contamination
(1) Raw, unprocessed food shall be separated from ready-to-eat foods where to do otherwise could contaminate the ready-to-eat food.

(2) No surface, including, but not limited to, food handlers' hands, utensils, equipment, cloths, or tables, shall be used in a manner that could transmit microorganisms between raw meat, poultry or fish and ready-to-eat food.

(3) Surfaces, utensils, and equipment shall be thoroughly cleaned and disinfected after raw meat, poultry or fish has been handled or processed by, on or in them.

(4) While not limiting the generality of section (1), raw meat, raw fish, raw seafood, and raw poultry shall be stored in covered containers, in a manner that provides adequate protection from microbiological cross-contamination from these foods to other food.

(5) While not limiting the generality of section (1), no ice for consumption, ice cream or beverages, including but not limited to milk-based drinks and drinking water, shall be stored in the same freezer as any raw meat, raw fish, raw seafood, or raw poultry.

(6) In those food businesses where rice is cooked for consumption as a meal or component of a meal, to prevent the possible cross contamination between batches of rice, it shall not be permitted to add freshly cooked rice to a previously cooked batch of rice.

(7) To prevent the growth of microbial contaminants, utensils used to serve food, including but not limited to rice and ice cream, shall not be stored in water, unless that water is held at temperatures that can prevent pathogen growth.

20 Physical contamination
(1) Food business operators shall ensure their operations prevent contamination of foods by foreign bodies such as, but not limited to, glass or metal pieces from machinery.

(2) While not limiting the generality of section (1), no food shall be handled underneath an uncovered light, or underneath a ceiling or overhead fixture that is likely to contaminate food with foreign bodies.

21 Incoming raw materials, ingredients and food
(1) A food business operator shall inspect incoming raw materials, ingredients and food and reject such -

a. if they are known to be, or might reasonably be expected to be, contaminated with hazards;

b. if they are known to contain decomposed materials or foreign matter;

c. where they are after their "best before" or expiration date;

d. where frozen food shows signs of thawing or of having thawed and been refrozen.,

e. if they show any signs or evidence of time and temperature abuse;

f. where packaging is found to be damaged; or

g. if it contravenes any other requirement of these Regulations.

22 Health status
(1) People known, or suspected, to be suffering from, or to be a carrier of a disease or illness likely to be transmitted through food, shall not be allowed to enter any food handling area if there is a likelihood of their contaminating food.

(2) While not limiting the generality of section (1). conditions which shall be included under section (1) shall include jaundice; diarrhoea; vomiting; fever; sore throat with fever; visibly infected skin lesions (boils, cuts, etc.); or discharges from the ear, eye or nose.

(3) Any person specified in section (1) shall immediately report illness or symptoms of illness to the management of the food business employing them.

23 Personal cleanliness
(1) Food handlers shall maintain a high degree of personal cleanliness and, where appropriate, wear suitable protective clothing, head covering, and footwear.

(2) Cuts and wounds, where personnel are permitted to continue working, shall be covered by suitable, dry and clean waterproof dressings.

(3) Personnel shall always wash their hands when to do otherwise may affect food safety.

(4) Without limiting the generality of section (3), food handlers shall wash their hands -

a. at the start of food handling activities;

b. immediately after using the toilet; and

c. after handling raw food or any contaminated material, where this could result in contamination of other food items.

24 Personal behaviour
(1) People engaged in food handling activities shall refrain from behaviour which could result in contamination of food.

(2) Without limiting the generality of section (1), food handlers, while present on food business premises, shall refrain from:

a. smoking;

b. spitting;

c. chewing or eating; and

d. sneezing or coughing over unprotected food.

(3) Personal effects such as jewelry, watches, pins or other items shall not be worn or brought into food handling areas if they pose a threat to the safety of food.

(4) While not limiting the generality of section (3), no food handler shall wear any jewelry where the jewelry could come in contact with food.

25 Food handler training
(1) All newly employed food handlers shall, prior to starting work in a food business, be required to have undergone training offered by the authorized officers of the Competent Authority or by a training organization approved by the Competent Authority for such training.

(2) The Competent Authority shall determine the level of training required for food handlers consistent with their responsibilities and shall guide approved trainers as to what shall be covered in such food handling training.

(3) The Competent Authority shall prepare and provide to any concerned person the details of training organizations and curricula approved under these Regulations for food handler training

(4) Where food handlers are already employed in a food business prior to the adoption of these Regulations, they shall undergo training as specified in section (1) within one year of these Regulations being adopted.

26 Vehicles, vessels, conveyances and bulk containers
(1) Vehicles, vessels, conveyances and bulk containers for transporting food shall be designed and constructed so that they -

a. do not contaminate foods or packaging;

b. can be effectively cleaned and, where necessary, disinfected;

c. permit effective separation of different foods or foods from non-food items where necessary during transport;

d. provide effective protection from contamination, including dust and fumes;

e. can effectively maintain the temperature, humidity, atmosphere and other condition necessary to protect food from harmful or undesirable microbial growth and deterioration likely to render it unsuitable for consumption; and

f. allow any necessary temperature, humidity and other conditions to be checked.

27 Recall procedures
(1) Food business operators shall ensure effective procedures are in place to enable the complete and rapid recall of any implicated lot of food from the market.

(2) Recalled products shall be held under supervision until they are destroyed, determined to be safe for human consumption, or reprocessed in a manner to ensure their safety.

FIFTH SCHEDULE
(Regulation 15)

FOOD SAFETY ACT 2003
FOOD SAFETY REGULATIONS 2008

STANDARD ON SPECIFIC REQUIREMENTS FOR FOOD BUSINESSES
INVOLVED IN PRODUCING, PROCESSING AND DISTRIBUTING LOW-ACID
AND ACIDIFIED LOW-ACID FOODS

1 Scope and interpretation
(1) This Standard is concerned with hygienic practice to be applied in canning and heat processing of low-acid and acidified low-acid foods, packed in hermetically sealed containers.

(2) This Standard does not apply to foods in hermetically sealed containers which require refrigeration.

(3) This Standard applies in addition to general hygiene requirements under the Standard on General Requirements on Good Hygienic Practice for All Food Businesses.

(4) In this Standard and elsewhere in these Regulations where these terms are used they shall be taken to mean the following, unless the context otherwise requires -

"Acid food" means a food that has a natural pH of 4.6 or below.

"Acidified low-acid food" means a food which has been treated so as to attain an equilibrium pH of 4.6 or lower after heat processing.

"Commercial sterility of thermally processed food" means the condition achieved by application of heat, sufficient, alone or in combination with other appropriate treatments, to render the food free from microorganisms capable of growing in the food at normal non-refrigerated conditions at which the food is likely to be held during distribution and storage.

"Hermetically sealed containers" are containers which are sealed to protect the contents against the entry of microorganisms during and after heat processing.

"Retort" means a pressure vessel designed for thermal processing of food packed in hermetically sealed containers.

2 Steam and water
(1) Steam used in direct contact with food or food contact surfaces shall contain no substances which may be hazardous to health or may contaminate the food.

(2) Steam supply to the thermal processing system shall be adequate to the extent needed to ensure that sufficient steam pressure is maintained during thermal processing, regardless of other demands for steam by the plant.

(3) Water re-circulated for re-use within an establishment shall be treated and maintained in a condition so that no health hazard can result from its use and the treatment process shall be kept under constant surveillance.

(4) While not limiting the generality of section (3), re-circulated water which has received no further treatment may be used in conditions where its use would not constitute a health hazard and will not contaminate either the raw material or the end-product.

(5) Re-circulated water shall have a separate distribution system which can be readily identified.

3 Lighting
(1) Where appropriate, the lighting shall not alter colours and the intensity shall not be less than -

a. 540 lux (50 foot candles) at all inspection point;

b. 220 lux (20 foot candles) in work room; or

c. 110 lux (10 foot candles) in other areas

4 Retorts
(1) Retorts shall be designed, installed, operated and maintained in accordance with the safety Standards on pressure vessels of the agency having jurisdiction.

5 Raw material requirements
(1) Raw materials or ingredients shall be inspected, tested as required, and sorted prior to being moved in to the processing line.

(2) Blanching by heat, when required in the preparation of food for canning, shall be followed by either rapidly cooling the food or subsequent processing without delay.

(3) The growth of thermophilic organisms and contamination in blanchers shall be minimized by good design, the use of adequate operating temperatures and by routine cleaning.

(4) All steps in the production process, including filling, closing, heat processing and cooling shall be performed as rapidly as possible and under conditions which will prevent contamination, and deterioration, and minimize the growth of microorganisms in the food.

6 Prevention of cross-contamination
(1) Effective measures shall be taken to prevent contamination of food material by direct or indirect contact with material at an earlier stage of the process.

(2) Persons handling raw materials or semi-processed products capable of contaminating the end-product shall not come into contact with any end-product unless and until they discard all protective clothing worn by them during the handling of raw materials or semi-processed products which have come into direct contact with or have been soiled by raw materials or semi-processed products and they have changed into clean protective clothing.

(3) If there is a likelihood of contamination, hands shall be washed thoroughly between handling products at different stages of processing.

7 Packaging
(1) The packaging material shall be sound and shall provide appropriate protection from contamination.

(2) The product containers shall be sufficiently durable to withstand the mechanical, chemical and thermal stresses encountered during normal distribution.

(3) With laminates particular attention shall be paid to ensure that the combination of processing requirements and product characteristics does not cause delamination as this may result in loss of integrity.

(4) The sealant material chosen shall be compatible with the product as well as the container and closure systems.

(5) As the closures for glass containers are particularly susceptible to mechanical damage which may result in a temporary or permanent loss of hermetic seal, the closures of sealed jars shall be contained within the glass body diameter to avoid closure to closure contact of the sealed jars.

(6) Faulty rigid containers and covers, including those that have punctures or severe dents, defective side or bottom seams, deformed body flanges or cover curls, abnormal levels of scratches or flaws in the plating or enamel (lacquer) and covers with defective sealing compound or gaskets shall not be filled.

(7) Appropriate sampling and inspection schemes used by both container manufacturer and tanner shall be adequate to ensure that containers and closures are appropriate and adequate to protect the product from contamination.

8 Cleanliness of containers
(1) Product containers shall never be used within the cannery for any purpose other than packing food.

(2) Immediately prior to filling, rigid containers shall be cleaned mechanically in an inverted position by suitable air or water jet appliances.

(3) Glass containers may also be cleaned by suction (vacuum).

(4) Containers intended for use on aseptic filling lines shall not be cleaned with water unless they are thoroughly dried prior to sterilization.

9 Filling and exhausting of containers
(1) During filling of containers, seam or seal areas shall be kept as clean and dry as necessary to obtain a satisfactory closure.

(2) The filling of containers, either mechanically or by hand, shall be controlled so as to ensure heat penetration is adequate and to ensure container integrity is not adversely affected.

(3) When flexible packaging is used, variations in product particle size, fill-weight and/or headspace shall be limited such that they do not lead to variations in the filled pouch dimensions (thickness) which may adversely affect the heat penetration.

(4) Air content of filled flexible and semi-rigid containers shall be kept to within specified limits to prevent excessive stressing of the seals during thermal processing.

(5) The exhausting of containers for the removal of air shall be controlled so as to meet the conditions necessary to protect the safety of the product.

10 Closures and their inspection
(1) Sealing and closing equipment shall be routinely monitored, maintained and operated so as to ensure the adequacy of the sealing and closing processes for food safety purposes.

(2) At intervals of sufficient frequency to ensure proper closure, the operator, closure supervisor, or other person competent to inspect container closures shall visually examine either the top seam of a can randomly selected from each seaming head, or the closure of any other type of container being used, and shall make a record of the observations.

(3) Additional visual closure inspections shall be made immediately following a jam in a closure machine, after adjustment of closure machines, or after starting up of machines following a prolonged shutdown.

(4) In the application of section (3) side seams shall be visually examined for defects or product leakage and observations shall be recorded.

(5) In addition to regular observations for external container defects by visual inspections, tear-down inspections shall be performed by a competent individual and the results recorded at intervals of sufficient frequency at each seaming station to ensure maintenance of seam integrity.

(6) In the case of reformed cans, both double seams shall be observed and inspected.

(7) Where irregularities are found as a result of inspection, corrective action shall be taken and recorded.

11 Inspection of heat seals
(1) Appropriate visual inspections and tests shall be conducted daily by competent, trained and experienced personnel at intervals of sufficient frequency to ensure consistent reliable hermetic sealing.

12 Closure defects
(1) If a seam or closure defect is found upon routine inspection, which would result in a loss of hermetic integrity, all products produced between the discovery of the fault and the last satisfactory check shall be identified and assessed.

13 Handling of containers after closure
(1) At all times containers shall be handled in a manner that protects container and closures from damage which may cause defects and subsequent microbial contamination.

14 Coding
(1) Each container shall be marked with an identifying alphanumeric code which is permanent, legible and does not adversely affect the container integrity.

(2) Without limiting the generality of section (1), where the container does not permit the code to be embossed or inked, the label shall be legibly perforated or otherwise marked, and securely affixed to the product container.

(3) Embossing shall be replaced by inking by 2010 to better protect container integrity.

(4) The code mark required under section (1) shall identify the establishment where the product was packed, the product, the year and the day and preferably the period of the day when the product was packed.

15 Washing
(1) Where necessary, filled and sealed containers shall be thoroughly washed before sterilization to remove grease, dirt and product from the outside of the container.

(2) Washing containers after sterilization shall be avoided as it increases the risk of post-processing contamination.

16 Thermal processing
(1) The food business operator shall ensure that the thermal processing of low-acid canned foods is adequate to protect the safety of the product and to not put public health at risk.

(2) Prior to use, after installation of a thermal processing system or following any modification to or in the use of a system, temperature distribution studies shall be carried out to determine the uniformity of temperature within the thermal processing system and appropriate records shall be maintained.

(3) Scheduled processes and venting procedures to be used for products and container sizes being packed shall be posted in a conspicuous place near the processing equipment. Such information shall be readily available to the retort or processing system operator and to authorized officer.

(4) All heat processing equipment shall be properly designed, correctly installed and carefully maintained.

(5) Heat processing and associated processing operations shall be performed and supervised only by properly trained personnel.

(6) Heat processing shall be commenced as soon as possible after closing to avoid microbial growth or changes in heat transfer characteristics of the products.

(7) In batch operations, all retort baskets, trucks, cars or crates containing unretorted food product shall contain a heat sensitive indicator, or other effective means, that visually indicates whether or not each such unit has been retorted.

(8) The initial temperature of the contents of the coldest containers to be processed shall be determined and recorded with sufficient frequency to ensure that the temperature of the product is no lower than the minimum initial temperature specified in the Scheduled process.

(9) An accurate, clearly visible clock or other suitable timing device shall be installed in the heat processing room and times shall be read from this instrument.

(10) In addition to the minimum product initial temperature, sterilization time and temperature together with overpressure, where applicable, other critical factors specified shall be measured, controlled and recorded at intervals of sufficient frequency to ensure that these factors remain within the limits specified in the Scheduled process.

(11) For the purposes of section (10) the critical factors shall include, but not be limited to -

a. Maximum fill-in or drained weight;

b. Minimum headspace of product containers;

c. Product consistency or viscosity as determined by objective measurement on product taken before processing;

d. Product and/or container type which may result in layering or stratification of the product, or in changes in the container dimensions hence requiring specific orientation and spacing of the containers in the retort;

e. % solids;

f. Minimum net weight; and

g. Minimum closing vacuum (in vacuum packed products).

17 Equipment and procedures for heat processing systems
(1) Each retort and/or product sterilizer shall be equipped with at least one indicating thermometer and at least one temperature/time recording device.

(2) For the purposes of section (1), the thermometer shall be a mercury-in-glass thermometer, unless otherwise approved by the Competent Authority, and shall be tested for accuracy against a known accurate Standard thermometer as frequently as is necessary to ensure its accuracy.

(3) For the purposes of section (1) and low-acid foods, the temperature/time recorder shall have a recording accuracy equal to or better than ± 0.5ºC at the sterilizing temperature and have an appropriate chart with a working scale of not more than 12ºC per cm within a range of 10ºC of the sterilizing temperature.

(4) For the purposes of section (1) and acidified low-acid foods, the temperature/ time recorder shall have a recording accuracy equal to or better than 1ºC at the processing temperature and have an appropriate chart with a working scale of not more than 4ºC per cm.

(5) The chart required under sections (3) and (4) shall also be used to provide a permanent record of the sterilization temperature in relation to time and as such the chart timing device shall be accurate and checked as often as necessary to maintain accuracy.

(6) Each retort shall be equipped with a pressure gauge and the gauge shall be checked for accuracy at least once a year

(7) Each retort shall be equipped with a steam controller to maintain the retort temperature.

(8) An adjustable pressure relief valve of a capacity sufficient to prevent undesired increase in retort pressure and approved by the relevant authority shall be fitted.

(9) Venting of a retort shall be controlled and monitored so as to ensure the proper temperature and pressure are achieved for the safe processing of a food and records are to be made available to authorized officers upon request.

18 Cooling
(1) To avoid thermophilic spoilage and/or organoleptic deterioration of the product, the containers shall be cooled as rapidly as possible to an internal temperature of 40ºC.

(2) Where cooling water is used to achieve the requirement of section (1), it shall have an aerobic mesophilic bacteria count of less than 100 colony forming units/ml.

(3) To ensure effective disinfection, chlorine or an alternative disinfectant shall be thoroughly mixed with the water to a level which will minimize the risk of contamination of the can contents during cooling.

(4) The adequacy of a suitable chlorination treatment, where chlorination is used, shall be established by the presence of 0.5 to 2 p.p.m. residual free chlorine in the water at the end of the contact time.

(5) Measurements of microbial content and chlorine or alternative disinfectant levels shall be made with sufficient frequency to enable adequate control of cooling water quality.

(6) Records shall be kept, and be readily available, of cooling water treatment, of its microbiological quality and, where chlorination is used, of the residual free chlorine.

19 Post process container handling
(1) To prevent post processing contamination -

a. Cans shall be dried as soon as possible after processing;

b. Conveying systems and equipment shall be designed to minimize abuse of the containers;

c. Conveyor and equipment surfaces shall be effectively cleaned and disinfected;

d. The post-process area shall be effectively separated from raw food to avoid cross contamination;

e. Precautions shall be taken to ensure personnel from the raw food areas do not have uncontrolled access to the post-process area;

f. Processed containers shall not be manually handled while still wet; and

g. Before unloading retort crates, water shall be drained from container surfaces.

20 Records
(1) Permanent and legible dated records of time, temperature, code mark and other pertinent details shall be kept concerning each load.

(2) The records under section (1) shall include -

a. Product name and style;

b. Code lot number;

c. Retort or processing system and recorder chart identification,;

d. Container size and types;

e. Approximate number of containers per code lot interval;

f. Minimum initial temperature;

g. Scheduled and actual processing time and temperature;

h. Indicator and recorder thermometer reading;

i. Closing vacuum (in vacuum-packed products); and

j. Records of water quality and plant hygiene.

(3) Recorder charts shall be identified by date, code lot and other data as necessary, so they can be correlated with the written record of lot processed.

(4) Each entry of the record made under section (1) shall be made by the retort or processing system operator, or other designated person, at the time the specific retort or processing system condition or operation occurs, and the retort of processing system operator or such designated person shall sign or initial each record form.

(5) Written records of all container closure examinations shall specify the code lot, the date and time of container closure inspections, the measurements obtained, and all corrective actions taken.

(6) Records relevant to section (5) shall be signed or initialed by the container closure inspector.

(7) Records shall be kept of tests showing that effective water quality treatment was maintained or that the microbiological water quality was suitable.

(8) A record shall be made of the evaluation procedures used under 21, the results obtained and the actions taken on the product involved.

(9) Records shall be maintained identifying initial distribution of the finished product to facilitate, if necessary, the segregation of specific food lots that may have been contaminated or otherwise unfit for their intended use.

(10) Prior to shipment or release for distribution, but not later than one working day after the actual process, a representative of plant management who is competent shall review and ensure that all records are complete and that all products received the Scheduled process.

(11) The records shall be retained for not less than three years and shall be held in a manner which will permit ready reference.

21 Evaluation of deviation in heat processing
(1) Whenever the in-process monitoring records, processor check or other means disclose that a low-acid food or container system has received a thermal or sterilization treatment less than that stipulated in the Scheduled process, the processor shall -

a. Identify, isolate and then reprocess to commercial sterility that part of the code lot or lots involved and retain complete reprocessing records; or

b. Isolate and retain that part of the code lot or lots involved to permit further detailed evaluation of the heat processing records.

(2) If the evaluation of the processing records under section (1) a. demonstrates that the product has not been given a safe thermal treatment, the product isolated and retained shall be either fully reprocessed to render it commercially sterile or suitably disposed of under adequate and proper supervision to assure the protection of the public health.

22 Storage and transport of finished product
(1) Conditions of storage and transport shall be such that the integrity of the product container and the safety and quality of the product are not adversely affected.

(2) Warm containers shall not be stacked so as to form incubatory conditions for the growth of thermophilic organisms.

(3) Labels or label adhesives which are hygroscopic and therefore liable to promote rusting of tinplate shall be avoided as shall pastes and adhesives that contain acids or mineral salts.

(4) The storage conditions, including temperature, shall be such as to prevent deterioration or contamination of the product.

23 Acidified low-acid foods
(1) This section applies specifically to the manufacture and processing of low-acid canned foods which have been acidified, fermented and/or pickled prior to canning to have an equilibrium pH of 4.6 or less after heat processing.

(2) Without limiting the generality of section (1) acidified low-acid foods include but are not limited to, artichokes, beans, cabbage, cauliflower, cucumber, fish, olives (other than ripe olives), peppers, puddings and tropical fruits, singly or in combination.

(3) Without limiting the generality of section (1) acidified low-acid foods do not include acid beverages and foods, jams, jellies, preserves, salad dressings, vinegar, fermented dairy products, acid foods that contain small amounts of low-acid foods but having a resultant pH that does not significantly differ from that of the predominant acid food, and those foods where scientific evidence clearly shows that the product does not support the growth of Clostridium botulinum; for example, those tomato or tomato products where the pH does not exceed 4.7.

(4) Acidified, fermented and pickled foods shall be so manufactured, processed and packaged that an equilibrium pH value of 4.6 or lower is achieved as quickly as possible by good manufacturing practice and maintained.

(5) To accomplish the requirement specified in section (4), the food business operator shall monitor, using pertinent tests, the acidification process with sufficient frequency to assure the safety and quality of the product.

SIXTH SCHEDULE
(Regulation 16 (1))

FOOD SAFETY ACT 2003
FOOD SAFETY REGULATIONS 2008

STANDARD ON SPECIFIC GOOD HYGIENIC PRACTICES
FOR FISH AND FISHERIES PRODUCTS

1 Scope, interpretation and transition
(1) This Standard applies to all fish and fisheries business operations involved in the production, catching, harvesting, landing, auctioning, processing, distributing, handling and selling of fish and fisheries products to be imported into Fiji, to be sold in Fiji and to be exported from Fiji. This Standard applies in addition to the requirements specified in the Fourth Schedule.

(2) In this Standard, unless the context otherwise requires -

"Clean sea-water" is sea-water which meets the same microbiological Standards as potable water and is free from objectionable substances.

(3) Where vessels are constructed such that they would not comply with this Standard at the time these Regulations enter into force, vessel operators shall be permitted a transitional period of up to 12 months, subject to the agreement of the Competent Authority, to upgrade the vessel to achieve compliance, provided all precautions are taken in the transitional period to protect the safety and quality of the fish and fisheries products.

(4) Where landing, auction and processing and distribution premises are constructed such that they would not comply with this Standard at the time these Regulations enter into force, food business operators shall be permitted a transitional period of up to 12 months, subject to the agreement of the Competent Authority, to upgrade the premises to achieve compliance, provided all precautions are taken in the transitional period to protect the safety and quality of the fish and fisheries products.

2 Environmental conditions related to fish and fisheries products
(1) Authorized officers shall monitor the sanitary soundness of the fish and fisheries products, which means the presence of parasites, toxins, microbes, viruses, accidental and intentional contaminants present in the fish and fisheries products due to -

a. their natural presence in the aquatic environment; and

b. the pollution of the aquatic environment

and which could endanger human health

(2) Based on scientific studies or research of Fiji waters and of different commercial fish species of significance in Fiji, the Competent Authority shall publish data on the presence or absence of parasites, toxins, microbes, viruses, accidental and intentional contaminants in the different commercial fish species, their oceanographic and seasonal distribution in the region and the risk assessment in relation to human health as required.

3 Fishing and harvesting vessels - General requirements
(1) Vessels and other facilities shall have a good supply of clean water at adequate pressure.

(2) All surfaces in handling areas shall be non-toxic, smooth impervious and in sound condition.

(3) Adequate facilities shall be provided for the handling and washing of fish and shellfish and vessels and other facilities shall have an adequate supply of cold potable water or clean water for that purpose.

(4) Suitable and adequate facilities shall be provided for storage and/or production of ice.

(5) All plumbing and waste lines shall be capable of coping with peak demand.

(6) Non-potable water lines shall be clearly identified and separated from potable water to avoid contamination.

(7) Objectionable substances, which could include bilge water, smoke, fuel oil, grease, drainage and other solid or semi-solid wastes, shall not contaminate the fish and shellfish.

(8) Where appropriate, containers for offal and waste material shall be clearly identified, suitably constructed with a fitted lid and made of impervious material.

(9) Adequate hand washing and toilet facilities, isolated from the fish and shellfish handling areas, shall be available where appropriate.

(10) Vessels and other facilities shall be designed and constructed so as to prevent the entry of birds, insects, or other pests, animals and vermin, where appropriate.

(11) Vessels shall be designed and constructed to minimize sharp inside corners and projections to avoid dirt traps and minimize damage to product, including but not limited to-

a. In boxing and shelving storage areas, the design shall preclude excessive pressure being exerted on the fish and shellfish;

b. Chutes and conveyors shall be designed to prevent physical damage caused by long drops or crushing;

c. The fishing gear and its usage shall minimize damage and deterioration to the fish and shellfish;

d. Where used, seines, nets and traps shall be carefully selected to ensure minimum damage during harvesting;

e. harvesting areas and all equipment for harvesting, catching, sorting, grading, conveying and transporting of live products shall be designed for their rapid and efficient handling without causing mechanical damage;

f. conveying equipment for live and slaughtered products shall be constructed of suitable corrosion-resistant material which does not transmit toxic substances and shall not cause mechanical injuries to them;

g. where fish is transported live, care shall be taken to avoid overcrowding and to minimize bruising; and

h. where fish are held or transported live, care shall be taken to maintain factors that affect fish health.

4 Fishing and harvesting vessels - specific requirements
(1) Holds or other parts of the vessel where fish and fisheries products are stored shall -

a. be covered and self draining;

b. be well insulated;

c. have provision for holding an acceptable quantity of ice or have alternative means of refrigeration;

d. not contain objects or products liable to damage or transmit harmful properties and abnormal characteristics to the food; and

e. be designed for ease of cleaning.

(2) Decks used for fish handling may be constructed of one or more of the following materials, namely surface-coated aluminium, fibreglass, timber coated with an epoxy (or similar) finish.

(3) Where fish does not normally come into contact with the deck and the timber is clean, sound and well caulked, timber is allowed on exposed decks.

(4) The following conditions concerning handling and storage of fish and fisheries products on board vessels shall apply -

a. as soon as they are taken on board, fish and fisheries products shall be protected from contamination and from the effects of the sun or any other source of heat;

b. fish and fisheries products shall be handled and stored in such a way as to prevent bruising the use of spiked instruments shall be tolerated for the moving of large fish or fish that might injure the handler, provided the flesh of the products is not damaged,

c. fish and fisheries products other than those kept alive shall undergo chilling or freezing as soon as possible after landing;

d. where fish are headed and/or gutted an board, such operation shall be carried out hygienically and products shall be washed immediately and thoroughly with potable water or clean seawater the viscera and parts, which may pose a threat to public health, shall be removed and set apart from products intended for human consumption;

e. livers and roes intended for human consumption shall be chilled or frozen; and

f. staff assigned to handling fish and fisheries products shall maintain a high Standard of cleanliness for themselves and all outer clothing.

(5) The following conditions concerning vessel construction and equipment shall apply -

a. fishing vessels shall be equipped with holds, tanks or containers for the storage of refrigerated or frozen fish and fisheries products at the temperature laid down by these Regulations;

b. holds shall be separated from the machinery area and the quarters reserved for the crew, by partitions that are sufficiently impervious to prevent any contamination of stored fish and fisheries products;

c. the inside surface of the holds, tanks or containers shall be water proof and easy to clean and disinfect it shall consist of a smooth material or smooth paint maintained in a good condition, not being capable of transmitting to fish and fisheries products substances harmful to human health;

d. containers used for the storage of products shall ensure their preservation under satisfactory conditions of hygiene and, in particular, allow drainage of water when used they shall be completely clean;

e. in refrigerated holds, refrigeration capacity shall be sufficient to rapidly cool fish from ambient temperature to the temperature of melting ice and hold it at this temperature;

f. water proof and separate storage room shall be provided for the storage of cartons, ship to shore containers and the like;

g. hydraulic circuits shall be protected in such away as to ensure no oil leakage can contaminate products;

h. artificial lighting shall be provided where necessary and where handling, processing and inspection takes place at night and below deck and in enclosed processing areas. The intensity of illumination shall be a minimum of:

i. 220 lux in the processing area;

ii. 540 lux where the product is being inspected;

i. sanitary facilities including toilet and shower facilities shall be sufficient in number for the normal complement of crew; and

j. any toilet shall be equipped with non-hand, non-elbow operated wash basins located in the toilet room or immediately outside the door, wherever possible and when not possible the vessel operator shall be required to satisfy an authorized officer that personal hygiene can be met by alternative means.

(6) The following conditions concerning handling and storage of fish and fisheries products on board shall apply:

a. ice for chilling of fish and fisheries products shall be used in such away and in such quantities, so that fish and fisheries products will attain the temperature of melting ice as quickly as possible;

b. the water inlet for vessels, having an intake system for seawater shall be located in front of the outlet for waste and sewerage water.

c. fishing vessels that use seawater to wash up and process shall do so in uncontaminated waters and whilst the vessel is moving in open waters.

d. fishing vessels that use seawater and anchor at secure harbourages to wash and process shall ensure that:

i. waters are uncontaminated and meet the requirements of clean seawater;

ii. toilet facilities are not used unless they are self contained; and

iii. the vessel is far enough from the shore and in deep water.

(7) If fish and fisheries products are frozen on board, this operation shall be carried out in accordance with following conditions -

a. fishing vessels shall have freezing equipment sufficiently powerful

i. to achieve rapid reduction in temperature to - 18ºC or less;

ii. keep products in storage rooms at -l8ºC or less; or

iii. freeze whole fish in brine intended for canning at -9ºC or less;

b. temperature recording devices in storage rooms shall be located in a place where they can easily be read. The temperature sensor of the recorder shall be located in the area furthest away from the cold storage, where the temperature in the storage room is the highest;

c. freezing machinery shall be physically separated from the hold in which frozen product is stored;

d. a waterproof, hygienic and separate storage room shall be provided for the storage of all packaging materials; and

e. when brine- freezing, the brine shall not be a source of contamination.

(8) If fish and fisheries products are chilled on board to keep fish and fisheries products fresh for more than 24 hours, the vessels shall comply with the following requirements -

a. tanks shall be equipped with adequate seawater filling and drainage installations and shall incorporate devices for achieving uniform temperature throughout the tanks;

b. tanks shall have a means of recording temperature connected to a temperature sensor positioned in the section of the tank where temperatures are highest;

c. the operation of the tank or container system shall secure a chilling rate which ensures the mix of fish and seawater reaches 3ºC or less within six hours and 0ºC after sixteen hours;

d. after each unloading, the tank's circulation systems and containers shall be completely emptied and thoroughly cleaned using potable or clean seawater and shall only be re- filled with clean seawater; and

e. the date and reference number of the tank shall be clearly indicated on the temperature records. These shall be kept and made available to an authorized officer.

5 Requirements for fish landings and auctions premises
(1) Lots of fish and fisheries products from different harvests or from different fishing boats shall not be mixed together.

(2) Unloading and landing equipment shall be constructed of corrosive resistant material that is easy to clean, disinfect and shall be kept in a good state of repair and cleanliness.

(3) During unloading and landing, contamination of fish and fisheries products shall be avoided. It shall be ensured that -

a. unloading and landing operations proceed rapidly;

b. fish and fisheries products are placed without unnecessary delay in a protected environment at the temperature required on the basis of the nature of the product; and

c. equipment and handling practices that damage fish and fisheries products are prohibited.

(4) If fish and fisheries products are displayed for sale at fish landings or auctions, the fish landings or auctions premises shall:

a. have water-proof flooring which is easy to wash and disinfect;

b. be equipped with adequate sanitary facilities;

c. be well lit to facilitate the inspection of fish and fisheries products;

d. when they are used for display or storage of fish and fisheries products, not be used for other purposes, such as vehicles which may contaminate the fish and fisheries products;

e. have displayed in a prominent position, signs prohibiting smoking, spitting, eating or drinking;

f. be closable and be kept closed when an authorized officer considers it necessary;

g. have facilities to provide adequate supplies of potable water, clean seawater or seawater treated by an appropriate system, under pressure and in sufficient quantity; and

h. have special watertight receptacles made of corrosion-resistant materials for fish and fisheries products which are unfit for human consumption.

(5) Crates shall, after each sale, be cleaned and rinsed inside and outside with potable water or clean sea water; where required, they shall be disinfected.

6 Physical requirements of processing establishments - location, construction and design
(1) The areas directly surrounding the establishment shall be suitably paved or concreted, unless otherwise permitted by Competent Authorities, after being provided evidence by the food business operator that the alternative surroundings will not contribute to contamination of the fish or fisheries products.

(2) Where the surrounding area is suitably paved of concreted the surrounding grounds and concreted surfaces shall be inclined towards trapped gullies and provided with adequate drainage to permit rapid evacuation of rainwater.

(3) If the facility's grounds are boarded by property not under the operator's control and not maintained in the manner described in these Regulations, extra care shall be taken by the operator to inspect, exterminate or other methods to exclude pests, dirt and filth that may be a source of food contaminations within their premises.

(4) The construction and design of processing establishments shall ensure that -

a. there is separation by walls, locations, air flow enclosed systems or other effective means -

i. between clean and dirty areas;

ii. between dry and wet areas;

iii. between cold and hot areas; and

iv. between operations which may cause contamination of food.

b. there is good lay-out and flow from raw materials through finished products and dispatch.

c. the distribution of equipment and processing activities facilities the rapid processing of fish;

d. there is adequate working space to allow for satisfactory performance of all operations connected with the preparation and or processing of food;

e. all liquid and solid waste, storm-water and sewerage are adequately and appropriately disposed of:

(5) Working rooms shall be of sufficient size to permit the processing of fish and fisheries products without overcrowding of personnel and shall be designed for work to be carried out in logical sequence and under satisfactory conditions;

(6) The main processing area in which fish is handled shall have only one entrance for personnel being independent and separate from any entrances and exists used for raw materials, finished products and other materials used during processing.

(7) In rooms where products are handled, prepared and processing, the establishment and shall afford at least the following facilities, floors shall have -

a. hard impact resistant surfaces, impermeable to grease and water, which permit easy cleaning and disinfection and laid down in such a way as to facilitate the drainage of the water. Concrete floors shall have a high density, impermeable finish that is maintained in good condition;

b. a sufficiently graded and have a gradient of at least 1:100 towards drainage channels;

c. floor joints sealed with impervious materials, finished flush with the surface;

d. junctions between floor and walls curved to facilitate cleaning; and

e. all drainage channels, gullies and gully traps covered with removable grills.

(8) In addition to the general requirements of the Fourth Schedule related to walls, ceilings, doors, windows, window sills, ventilation, and illumination the following specific additional requirements shall apply -

a. the doors of the reception room by which raw materials enter, and the doors by which the finished products leave the premises shall possess plastic curtains or air curtains or a self-closing curtain or a self-closing device, in order to minimize the entry of flying insects, when they are opened;

b. any window which may be opened, or which does not have glass (Plexiglas) and vents shall be covered with an insect-proof mesh screen;

c. if any services, chutes, conveyors or the like pass through external walls, the gap where they pass through, if any, shall be sealed against the entry of pests and dust.

(9) Establishments shall have a loading dock and the loading dock shall be -

a. located in an area that is convenient to the stored products;

b. enclosed or provided with a protective shelter to protect fish from contamination during loading and unloading; and

c. shall have an illumination of at least 250 lux.

7 Physical requirements of processing establishments - hygiene, drain and effluent disposal facilities
(1) In addition to the general requirements of the Fourth Schedule of these Regulations related to hand washing facilities the following specific additional requirements shall apply-

a. the location of hand washing facilities shall be arranged in a way that they are -

i. sufficient in number;

ii. provided in places just before personnel enter the preparation or processing room

iii. provided in accessible locations throughout the preparation and processing areas, readily accessible from work areas for all staff to wash their hands; and

iv. also located adjacent to the social amenities

b. hand washing facilities shall be provided with -

i. non-hand, non-elbow operated wash basins in work rooms, toilets and in the hand washing room before entering wherever possible and when not possible the food business operator shall be required to satisfy an authorized officer that personal hygiene can be met by alternative means

ii. a suitable pressured hot and cold running potable water supply over a sink;

iii. soap contained within a dispenser;

iv. single use paper hand towels held in a dispenser and a sufficient number of receptacles for disposing of used towels;

v. properly trapped waste pipes leading to drains; and

vi. signs advising persons to wash their hands on entering or re entering fish preparation or processing rooms provided in a prominent position near food preparation/processing entrance.

(2) Where applicable, boot disinfecting facilities or a suitable permanent bath, fitted with a drainage facility, for the washing of boots shall be installed at the staff entrance in such a manner that persons entering the preparation/processing rooms cannot avoid passing through the bath.

(3) Effluent disposal systems and drains have to comply with the following requirements. The establishment shall have -

a. an efficient and hygienic effluent and waste water disposal system maintained in good order and repair;

b. effluent lines large enough to carry peak loads and constructed so as to avoid contamination of the potable water supply;

c. an adequate drainage system, especially in the areas and rooms that involve wet operations;

d. a storm water drainage system, if applicable, not connected to the effluent treatment system

e. floor drains which shall be adequate in size, number and location:

i. to allow the rapid removal of all liquid wastes arising from all processing operations;

ii. to cope with the maximum flow of water under normal working conditions but also to carry peak loads;

iii. and be effectively sealed by gully traps installed;

iv. to prevent the return of gases and odours from the drainage system; and

v. and designed to prevent the entry of rodents.

f. floor drains which -

i. have easily cleanable solid traps to prevent the passage of solid materials to the external sewage system;

ii. have adequate access for cleaning;

iii. flow from clean to dirty areas;

iv. not be connected to sanitary drainage; and

v. not be connected to the storm water and site drainage system.

8 Physical requirements of processing establishments - temperature control facilities
(1) For chill stores, cold stores, chillers and freezers, the food business operator shall provide the following facilities -

a. waterproof flooring that is easy to clean and disinfect and laid down in such a way as to facilitate drainage;

b. walls that have smooth durable, impermeable surfaces that is easy to clean;

c. ceilings that are easy to clean;

d. doors made from durable materials that are ease to clean;

e. plastic strip curtains or similar shall be installed to assist in air retention and to minimize temperature fluctuations when cold stores or freezer doors are open; and

f. other internal structures constructed of smooth, impervious and corrosion resistant material.

(2) Where refrigeration equipment is installed in a processing or packing area, sufficient space shall be allowed for cleaning around and between the equipment. No free space shall be allowed on top of the equipment.

(3) In chill stores used for the storage of raw material the food business operator shall provide facilities able to store all the raw material arriving at the establishment and which is not processed immediately, in such a manner as to ensure adequate protection from contamination.

(4) In cold stores, the food business operator shall ensure -

a. adequate permanent cold storage facilities for the storage of finished products are provided in all establishments producing frozen fish;

b. freezing equipment sufficiently powerful and capable of maintaining products in cold stores at an internal temperature below - 18ºC, whatever the ambient temperature may be;

c. doors to the cold store shall be provided with plastic curtains or equivalent system;

d. a temperature recording device in a place where it can easily be read. The temperature sensor of the recorder shall be located in the area furthest away from the cold source;

(5) In freezers, food business operator shall ensure -

a. a freezing facility appropriate to the presentation of the fish and fisheries products and its packaging.

b. A freezing facility with sufficient capacity to freeze the fish to a temperature of a least -18ºC within 8 hours of loading the freezer.

(6) In brine freezing rooms, the food business operator shall ensure -

a. brining tanks, tanks surfaces and coverings are constructed in such a way that they are not a source of contamination for the fish and fisheries product;

b. the brine is checked at regular intervals and in such away that the brine will not be a source of contamination for the fish and fisheries products; and

c. The freezing temperature shall not be higher than -9ºC.

(7) In ice plants and ice storage rooms, the food business operator shall ensure -

a. an ice making facility, able to produce ice in quantities adequate to satisfy all the needs of the process, including -

i. transport of raw material from the port;

ii. storage of raw material before processing; and

iii. chilling of fish during processing.

b. insulated ice storage rooms and storage facilities are available -

i. where ice can be stored and removed in an efficient, hygienic manner and can be protected from contamination at all times.

ii. ensuring that ice is not stored on the floor where workers have to walk on it to remove the ice; and

iii. with the capacity to store sufficient ice to satisfy needs.

9 Physical requirements of processing establishments - equipment design, construction and installation
(1) All machinery, tools, utensils, equipment, instruments, and product holding, handling and conveying systems in the establishments shall be designed, constructed and so as to -

a. prevent the contamination and adulteration of the products with toxic materials, lubricants, fuel, metal fragments, contaminated water or other contaminants;

b. avoid the accumulation of dirt which could contaminate the product and be the source of hygiene hazards; and

c. permit and enable -

i. easy and thorough cleaning and disinfection with hot water, detergent and disinfectant

ii. accessibility for inspection where necessary; and

iii. maintenance in appropriate sanitary conditions.

(2) The use of wood and timber in general and other materials that cannot be adequately disinfected is prohibited. This applies in particular to knife-handles, spades for ice handling and filleting or cutting boards.

(3) Not withstanding section (2), timber that is used in doors, doorjambs, windows in areas shall be sealed by a durable non-toxic surface coating (e.g. gloss enamel, epoxy or polyurethane paint)

(4) Not withstanding section (2), clean and sound wooden pallets are permitted -

a. for the transport and the storage of processed food packed in carton boxes, provided no unpacked products are handled or stored in these areas;

b. for the transport and export of fresh products, packed in foam boxes; and

c. for the racks and storage systems in cold stores used to store packed products.

(5) Equipment or fittings adjacent to a wall or other equipment shall have any gaps sealed to prevent entry of moisture and dirt or have sufficient space to permit cleaning.

(6) Equipment standing directly on the floor shall be installed -

a. by sealing directly to the floor to prevent the entry of moisture;

b. on a raised platform coved at the junction between it and the floor; or

c. on legs with a minimum of 300 mm clearance between the underside of the equipment and the floor.

(7) Fish boxes, sufficient in number, shall be provided for the needs of the process and they shall only be used within the plant and not for external transport of fish.

(8) Fish boxes, which are used to transport product to the plant, and for the movement of fish within the plant, shall be constructed of a high density plastic and be of a light colour. They shall have a smooth finish and their design shall avoid areas that could retain particles of product, grease and dirt. The boxes shall be designed to permit drainage of any liquid.

(9) If trolleys, barrows, supports or bearers are used to carry large fish or to feed blast freezers or chillers, they shall be made of non-corrodible material and have a smooth finish.

(10) If conveyors are utilized, they shall be constructed of non-corrodible impermeable materials.

(11) Ice shovels shall be made of alight coloured plastic, or of stainless steel. Wood is not permitted in any part of the construction.

(12) Chutes and other enclosed transport systems shall be -

a. constructed with inspection and cleaning hatches;

b. easily dismantled for cleaning; and

c. made of high density nylon, stainless steel or fiberglass, free of crevices and have all internal junctions rounded out.

(13) Where compressed air is used, the compressed air shall have a filtered air intake located in a clean place, contain no oil or substances hazardous to health or shall be treated or otherwise controlled in such a way that food is not contaminated with unlawful indirect food additives.

(14) All equipment to be used for monitoring or measuring purposes where accuracy is important shall -

a. be checked to ensure their accuracy is sufficient for the task in hand and records kept; and

b. be calibrated regularly and records kept.

10 Physical requirements of processing establishments - water supply, storage and chlorination
(1) The establishment shall possess adequate water storage tanks or cisterns with sufficient capacity to supply the requirements of the establishment when operating at maximum capacity and to allow in case of chlorination sufficient contact time.

(2) The tanks or cisterns shall be well constructed and the internal surfaces shall be smooth, impermeable, easily to clean and disinfect.

(3) Each water tank or cistern shall be provided with an inspection hatch that permits entry for cleaning purposes. The design of the hatch shall protect against the entry of rainwater, ground water and any process water that may flow out of the establishment.

(4) Each water tank or cistern shall be protected against the entry of insects, rodents, other animals and dust.

(5) The area surrounding each water tank or cistern shall be maintained clean and free of accumulations of rubbish, dust, water and other materials that could contaminate the water.

(6) Water tanks shall be inspected at regular intervals with the objective of keeping them in good conditions.

(7) The chlorination system shall comply with the following -

a. chlorine shall be added in- line by dosing or injection prior to intermediary storage to permit sufficient contact time with the water in order to allow the chlorine to react with the organic matter;

b. the retention tank shall have to retain for 30 minutes water together with the chlorine added; and

c. the management of an establishment shall put in place measures to ensure the functioning of the chlorination system, and the free residual chlorine shall be checked at intervals of not less than 8 hours or at the start of each shift but at least once a day and shall never be less than 3 ppm.

11 Requirements of processing establishments - processing operations
(1) Instructions for raw material inspection, handling and storage procedures shall be documented. Records of delivery and product quality shall be kept to enable traceability of the products.

(2) During reception and unloading in the processing plant, the doors of the reception of the establishment shall be open for the minimum time possible.

(3) The vehicle shall be unloaded immediately after the approval of the batch. Fish never be stored in the vehicle whilst awaiting processing nor shall fish be left outside the establishment.

(4) Before unloading, each vehicle arriving at the establishment with fish for processing, shall be inspected to ensure that:

a. the fish has not been exposed to detrimental climatic conditions; and

b. other materials that could contaminate the fish are not carried together with the fish and fisheries products.

(5) Before unloading commences:

a. a sample of fish shall be collected from the vehicle, and the internal temperature measured. The mean temperature shall be 0ºC, and no fish shall have a temperature of more than 5ºC for fresh fish and fisheries products. The temperature of brine frozen fish and fisheries products shall not be higher then -9ºC.

b. before unloading commences, a representative sample of each batch of fish shall be taken for sensory evaluation of smell and appearance.

c. the quality control manager shall indicate his approval of the batch based on the results of the above test. He or she shall sign an inspection form and assign a batch code to the fish before the unloading of the vehicle commences.

(6) The initial stages of processing (washing of raw material, separation of extraneous material and gutting) shall commence as soon as possible after unloading the vehicle.

(7) Fish and fisheries products which are not processed immediately upon arrival at the establishment shall be washed with clean water at 0ºC (if necessary), and stored with ice in suitable reception tanks or put in bins, iced and stored in a chill room.

(8) The storage of raw material shall comply with the following requirements -

a. If more fish shall arrive at the establishment than can be processed immediately, the excess shall be stored in suitable tanks with ice and water, or alternatively be held in a chill storage room, in order that the temperature of the product is kept at 0ºC.

b. The evisceration of the fish shall be carefully in order to avoid the contamination of the fish flesh.

c. All products unfit for human consumption shall be removed and kept separately in the designated room.

d. Fish shall not be stored in heaps, and the depth of storage tanks shall be kept to a minimum to prevent damage. Tanks shall contain water before filling with fish in order to prevent damage.

e. The duration of storage of raw material shall be kept to a minimum.

f. The water contained in the storage tanks shall be changed at regular intervals during the storage period, and also between the storage of different batches of fish.

(9) Raw material shall be assessed for its freshness, physical soundness, sanitary soundness and temperature.

(10) The temperature of fish and fisheries products shall be taken on the level of the bone and under the skin to control whether the fish and fisheries products are in the condition of warming up or cooling down.

(11) When thawing is undertaken as part of the processing -

a. the thawing method shall be clearly defined and shall address the time and temperature of thawing, temperature measuring instrument used and placement of device for measurement;

b. the thawing process shall be carefully monitored;

c. selection of the thawing method shall take into account in particular the thickness and uniformity of size of the products to be thawed;

d. thawing time and temperature and fish temperature critical limits shall be selected so as to control the development of micro-organisms, histamine, where high risk species are concerned, and persistent and distinctive objectionable odours or flavours indicative of decomposition or rancidity;

e. where water is used as the thawing medium, it shall be of potable quality;

f. where recycling of water is used, care shall be taken to avoid the build up of microorganisms;

g. where water is used, circulation shall be sufficient to produce even thawing;

h. during thawing, according to the method used, products shall not be exposed to excessively high temperatures;

i. particular attention shall be paid to controlling condensation and drip from the fish.

j. an effective drainage system shall apply; and

k. after thawing, fish shall be immediately processed or refrigerated.

(12) When washing and gutting an adequate supply of clean sea water or potable water shall be available for washing of -

a. whole fish to remove foreign debris and reduce bacterial load prior to gutting;

b. gutted fish to remove blood and viscera from the belly cavity;

c. the surface of fish to remove any loose scales; and

d. gutting equipment and utensils to minimize build-up of slime and blood and offal.

(13) To minimize time delays, the design of the filleting line and candling line, where applicable, shall be continuous and sequential to permit the uniform flow without stoppages or slowdowns and removal of waste.

(14) When trimming and filleting, an adequate supply of clean sea water or potable water shall be available for washing of -

a. fish prior to filleting or cutting especially fish that have been scaled;

b. fillets after filleting or skinning or trimming to remove any signs of blood, scales or viscera; and

c. filleting equipment and utensils to minimize build-up of slime and blood and offal.

(15) For fillets to be marketed and designated as boneless, fish handlers shall employ appropriate inspection techniques and use the necessary tools to remove bones not meeting commercial specifications.

(16) The candling of skinless fillets by skilled personnel, in a suitable location which optimizes the illuminating effect, is an effective technique in controlling parasites and shall be employed when implicated fish species are being processed.

(17) The candling table shall be frequently cleaned during operation in order to minimize the microbial activity of contact surfaces and the drying of fish residue due to heat generated from the lamp.

12 Requirements of fish and fisheries products processing establishments - smoking, salting, cooking, canning
(1) Smoking shall be carried out in separate premises or a special place equipped with a ventilation system to prevent the smoke and heat from affecting other premises or places where fish and fisheries products are prepared, processed or stored.

(2) Materials used for the smoking of fish shall be stored away from the place of smoking and shall be used in such a way that they do not contaminate products.

(3) Wood that has been painted, varnished, glued or undergone any chemical preservation treatment shall not be used for fish smoking.

(4) After smoking products shall be cooled rapidly to the temperature required for their preservation before being packaged.

(5) Salting operations shall take place indifferent premises sufficiently faraway from premises where other processing operations are carried out.

(6) Salt used in the treatment of fish and fisheries products shall be clean and stored in such a way as to preclude contamination. It shall not be re-used.

(7) Any container used for salting or brining shall be constructed in such a way as to preclude contamination during the salting or brining process.

(8) Containers or areas used for salting or brining shall be cleaned before use.

(9) Where products are being heated in any way, such as blanching or retorting, there shall be adequate control to ensure that the correct temperature/time regime is used to achieves the desired functionality and shelf- life without jeopardizing consumer health.

(10) Any cooking shall be followed by rapid cooling. Water used for this purpose shall be potable water or clean seawater. If no other method of preservation is used, cooling shall continue until the temperature approaches that of melting ice.

(11) Shelling or shucking of cooked product shall be carried out under hygienic conditions to avoid the contamination of product, Where such operations are done by hand, workers shall pay particular attention to proper hand washing and all working surfaces shall be cleaned thoroughly. If machines are used, they shall be cleaned at frequent intervals and disinfected after each working day.

(12) After shelling or shucking, cooked products shall immediately be frozen or kept chilled at a temperature that will preclude the growth of pathogens, and be stored in appropriate premises.

(13) In the canning of fish and fisheries products, hygienic practices shall be in accordance with the Fifth Schedule.

13 Requirements of processing establishments - specific to shrimp processing
(1) All tanks or sinks used for the washing of shrimp shall be supplied with a constant flow of water, sufficient to replace the contents of the tank every 30 minutes.

(2) Tanks used for washing shrimp shall be emptied and cleaned between different batches of shrimp.

(3) All products stored for more than one day before processing shall be beheaded. The priority shall be to behead the shrimp as soon as possible after arrival at the plant (if not done previously).

(4) If shrimp intended for peeling and de-veining is not to be processed immediately, it shall be stored with a sufficient quantity of ice to maintain a temperature of 0ºC.

(5) Shrimp shall be peeled and de-veined rapidly in order to minimize the rise in temperature.

(6) Peeled and de-veined shrimp not frozen immediately shall be stored at 0ºC with adequate quantities of ice.

(7) Higher Standards of hygiene and cleanliness shall be maintained at the work tables on which shrimp is peeled and de-veined, due to the higher risk of contamination of the shrimp flesh itself.

(8) If the final product is to be head-on shrimp, the processing of the raw material shall commence as soon as possible after arrival at the plant. The nature of the product demands rapid processing with rigorous temperature control.

(9) Chilled water shall be used for the washing of head-on shrimp at all stages of the process.

(10) Any areas in which cooked or head-on shrimp is processed shall be air-conditioned in order to maintain an air temperature of less than 25ºC.

(11) Cooked shrimp shall only be handled in an area separated from areas where raw product is processed. There shall be no direct access for workers between the two areas.

(12) All personnel who handle cooked shrimp, or who work in or enter the area in which it is being processed shall wear coats, boots, hats and aprons that are used exclusively by such personnel, and are kept separate from the protective clothing used in the processing of raw shrimp. In order to avoid confusion it is recommended that the uniforms, boots, etc. shall be of a different colour.

(13) All persons entering the cooked products area shall wash their hands and boots.

(14) No equipment or other article (including fish boxes, knives etc.) shall be transferred from an area in which raw shrimp is handled to the cooked product area, without first receiving a thorough cleaning and disinfecting.

14 Requirements of processing establishments - packaging
(1) Packaging shall be carried out under satisfactory conditions of hygiene, to preclude contamination of the fish and fisheries products.

(2) Packaging materials and products liable to enter into contact with fish and fisheries products shall comply with all the rules of hygiene and in particular -

a. they shall not be such as to impair the organoleptic characteristics of the fish and fisheries products;

b. they shall not be capable of transmitting to the fish and fisheries products substances harmful to human health, and

i. the ink used to apply description markings, inks and colours applied to food shall not contaminate the food and shall be nontoxic; and

ii. inks applied to food or packaging shall not contain any of the following substances: antimony; arsenic; cadmium; chromium; lead; mercury; other toxic materials.

c. lacquer applied to the inner surface or part of the inner surface of covering shall-

i. uniformly cover and adhere to the inner surface in continuous film; and

ii. be compatible and non-toxic with the food being packed.

d. they shall be strong enough to protect the fish and fisheries products adequately.

(3) Fish and fisheries products shall not be transported unless they are packed and covered in such a way that will enable the goods to reach their destination in a satisfactory and wholesome condition.

(4) With the exception of certain containers made of impervious, smooth and corrosion resistant materials that are easy to clean and disinfect, which may be re-used after cleaning and disinfecting, packaging materials may not be re-used;

(5) Packaging materials used for fresh products held under ice shall provide adequate drainage of melt water.

(6) Unused packaging materials shall be stored in premises connected with the production area and shall be protected from dust and contamination.

15 Storage requirements
(1) Storage of product, materials and containers shall be such that it will protect product and materials against physical, chemical and microbiological contamination, as well as against deterioration of the materials and the containers.

(2) Fresh or thawed fish and fisheries products and cooked and chilled crustaceans and molluscan shellfish products shall be kept at the temperature of melting ice.

(3) Frozen fish and fisheries products, with the exception frozen fish in brine, intended for the manufacture of canned foods shall be kept at an even temperature of -18°C or less in all parts of the product, allowing for the possibility of brief upward fluctuations of not more than 3°C.

(4) To prevent Scombrotoxin formation of fish that has first been chilled and then frozen for a long time, fish shall not be exposed to a temperature rise above 4.4ºC from the time it is frozen for a cumulative period of more than 12 hours and an uninterrupted period of exposure shall not exceed 6 hours.

(5) Fish and fisheries products may not be stored with any other products that may contaminate them or affect their hygiene, unless they are packed in such away as to provide satisfactory protection.

(6) No materials other than those used for immediate processing shall be stored in an area in use or in processing.

(7) Products shall be stacked so that air circulation within the storage room is not impaired.

(8) No direct contact with ceiling and floors shall be allowed, unless otherwise permitted by an authorized officer.

16 Transport
(1) During transport, fish and fisheries products shall be kept as follows -

a. fresh or thawed fish and fisheries products and cooked and chilled crustacean and molluscan shellfish products shall be kept at the temperature of melting ice;

b. frozen fish and fisheries products, with the exception of frozen fish in brine intended for the manufacture of canned foods, shall be kept at an even temperature of -18°C or less in all parts of the product, allowing for the possibility of brief upward fluctuations of not more than 3ºC;

c. when frozen fish and fisheries products are transported from a cold storage plant to an approved establishment to be thawed on arrival for the purposes of preparation and/or processing and where the distance to be covered is short, the Competent Authority may grant a derogation from the conditions laid down in this Regulation;

d. Processed products shall be kept at the temperature specified by the manufacturer.

(2) Vehicles shall be designed and constructed such that walls, floors and ceilings, where appropriate, are made of a suitable corrosion-resistant material with smooth non-absorbent surfaces.

17 Requirements of processing establishments - personnel hygiene
(1) All personnel and visitors entering the preparation/processing rooms shall at all times wear -

a. suitable clean protective working clothing of a light colour, which covers the minimum outdoor clothing or replaces it,

b. impermeable boots or footwear which are kept clean and in good condition;

c. head coverings that completely enclose all hair.

d. if involved in medium or high risk processing, personnel shall wear a head covering that encloses the scalp, hair, beard and moustache; and

e. a water impermeable apron for personnel who handle fish and unpacked fish products.

(2) If personnel who handle fish also wear gloves, such gloves -

a. shall be made of plastic or rubber;

b. be either a disposable type or, alternatively, be capable of being easily cleaned and disinfected; and

c. shall be in a sound, clean and sanitary condition.

18 Requirements of processing establishments - pest control
(1) All food business operators involved in processing of fish and fisheries products shall -

a. take effective measures to exclude pests and animals from the processing areas and to protect products against contamination by pests and animals; and

b. shall implement and maintain a pest control plan, containing an effective and continuous Schedule for the detection, control and eradication of pests, to avoid contamination of the products by pests on two levels -

i. on a passive level that means prevention, protection, proofing, construction measures; and

ii. on an active level that means extermination by use of: - mechanical methods: trapping (rodents) - electrical methods: electrocuter (insects) - chemical methods: poisons (rodenticides & insecticides)

(2) Prevention and extermination of pests shall be carried out in a manner that will not constitute a hazard to human health and product safety.

(3) The use of insecticides or rodenticides is permitted only under precautions and restrictions that will protect against the contamination of food, food-contact surfaces and food-packaging materials.

(4) Control measures involving treatment with chemical shall only be undertaken by personnel who have a complete understanding of the health hazards these chemicals may pose to the product.

(5) When a door is closed, it shall fit so that there is no gap between the door and the frame more than 3 mm.

(6) Doors to the outside shall be kept closed at all times when not in use.

(7) All windows that can be opened shall be covered with a tight fitting fly screen of mesh size no larger than 1mm. The fly-screened frames shall be removable for ease of cleaning.

(8) Ventilation outlets shall be screened with a screen whose mesh size is no larger than l mm.

(9) All drain openings shall be covered with grating with hole sizes no larger than 10 mm across.

19 Product tracing and recall procedures
(1) Managers of food business operations shall ensure effective procedures are in place to effect the complete product tracing and rapid recall of any lot of fish and fisheries product from the market.

(2) Appropriate records of processing, production and distribution shall be kept and retained for a period that exceeds the shelf-life of the product.

(3) Each container of fish, shellfish and their products intended for the final consumer or for further processing shall be clearly marked to ensure the identification of the producer and of the lot.

(4) Where there is a health hazard, products produced under similar conditions, and likely to present a similar hazard to public health, may be withdrawn.

(5) Recalled products shall be held under supervision until they are destroyed, used for purposes other than human consumption, or reprocessed in a manner to ensure their safety

20 Training
(1) All personnel shall be aware of their role and responsibility in protecting fish and fisheries products from contamination and deterioration.

(2) Handlers shall have the necessary knowledge and skill to enable them to handle fish and fisheries products hygienically.

(3) Those who handle strong cleaning chemicals or other potentially hazardous chemicals shall be instructed in safe handling techniques.

SEVENTH SCHEDULE
(Regulation 17)

FOOD SAFETY ACT 2003
FOOD SAFETY REGULATIONS 2008

STANDARD ON GOOD HYGIENIC PRACTICES FOR MILK AND MILK PRODUCTS

(1) For the purposes of this Standard the following interpretations shall apply -

a. milk primary production means the production of milk or colostrum for further processing for human consumption and includes the keeping, grazing, feeding and milking of animals and the storage of milk on the premises at which the animals were milked;

b. milk and milk product processing means the processing of milk and the manufacture of milk products; and

c. milk and milk product transport means the collection and transport of milk from the primary production business to the processing business or the transport of bulk milk or milk products between processors.

(2) A milk primary production business, in addition to applying good hygienic practices required by the Fourth Schedule of these Regulations, shall additionally ensure that -

a. water and other environmental factors shall be managed in a way that minimizes the potential for the transmission, directly or indirectly, of hazards into the milk;

b. areas including premises used for the production of milk shall be designed, situated, maintained and, to the extent practicable, used in a manner that minimizes the introduction of hazards into milk;

c. milk shall come from animals in good health so that, considering the end use, it does not adversely affect the safety and suitability of the end product;

d. forage and feed for lactating animals does not introduce, directly or indirectly, contaminants into milk in amounts that present an unacceptable health risk to the consumer or adversely affect the suitability of milk or milk products;

e. animals shall only be treated with veterinary drugs authorized by the relevant authority for the specific use and in a manner that will not adversely impact on the safety and suitability of the milk, including adherence to the withdrawal period specified;

f. milking shall be carried out in such a manner that minimizes contamination of the milk being produced;

g. milking shall be carried out under hygienic conditions, including:

i. good personal hygiene of the milking personnel;

ii. clean udders, teats, groins, flanks and abdomens of the animal;

iii. clean and disinfected milking vessels/equipment; and • avoidance of any damage to the tissue of the teat/udder;

h. animals showing clinical symptoms of disease shall be segregated and/or milked last, or milked by using separate milking equipment or by hand, and such milk shall not be used for human consumption;

i. milking equipment, utensils and storage tanks shall be designed, constructed and maintained in such a way that they can be adequately cleaned and do not constitute a significant source of contamination of milk;

j. milking equipment and storage tanks (and other vessels) shall be thoroughly cleaned and disinfected following each milking, and dried when appropriate. rinsing of equipment and storage tanks following cleaning and disinfection shall remove all detergents and disinfectants, except in those circumstances where the manufacturer instructions indicate that rinsing is not required;

k. water used for cleaning and rinsing shall be appropriate for the purpose, such that it will not result in contamination of the milk;

l. hands and forearms (up to elbow) of those involved in milking shall be washed frequently and always washed before initiating milking or handling of milk;

m. milk storage tanks and cans shall be so designed to ensure complete drainage and constructed to avoid contamination of the milk when it is stored;

n. milk tanks and cans shall not be used to store any other substance;

o. storage tanks and cans shall be cleaned and disinfected regularly and with sufficient frequency to minimize or prevent contamination of milk;

p. storage tanks or portions of storage tanks that are outdoors shall be adequately protected or designed such that they prevent access of insects, rodents and dust in order to prevent contamination of milk;

q. premises for the storage of milk shall be situated and constructed to avoid risk of contamination of milk or equipment;

r. premises for the storage of milk shall have:

i. suitable milk refrigeration equipment, when appropriate;

ii. a sufficient supply of water of a suitable quality of for use in milking and in cleaning of equipment and instruments;

iii. protection against vermin;

iv. easily cleanable floors, if applicable; and

v. adequate separation between milking areas and any premises where animals are housed in order to prevent contamination of milk by animals. where separation is not possible, adequate measures shall be taken to ensure that the milk is not contaminated;

s. immediately after milking, the milk shall be stored in properly designed and maintained tanks or cans in a clean place;

t. storage temperatures and times shall be such that minimizes any detrimental effect on the safety and suitability of milk;

u. when milk for further processing is not collected or used within 2 hours after milking, it shall be cooled:

i. to a temperature equal to or below 6ºc when collected on a daily basis; or

ii. to a temperature equal to or below 4ºc when not collected every day;

v. personnel and vehicular access to the place of collection shall be adequate for the suitable hygienic handling of milk.

(3) A milk primary production business shall have a system that enables the tracing of -

a. inputs;

b. animals to be milked; and

c. the milk produced.

(4) A milk primary production business shall ensure that persons undertaking primary production activities have skills and knowledge of food safety and hygiene matters commensurate with their work activities.

(5) A milk and milk product transport business, in addition to applying good hygienic practices required by the Fourth Schedule of these Regulations, shall additionally ensure that -

a. milk transport tankers and cans shall not be used to transport any harmful substance;

b. if milk transport tanks and cans are used to transport foods other than milk, precautions such as the implementation of adequate cleaning protocols shall be taken to prevent any subsequent milk contamination;

c. surfaces of milk transport tankers, cans and associated equipment intended to come into contact with milk shall be easy to clean and disinfect, corrosion resistant and not capable of transferring substances to the milk in such quantities as to present a health risk to the consumer;

d. milk cans and transport tankers (including the milk discharge area, valves, etc.) shall be cleaned and disinfected with sufficient frequency in order to minimize or prevent contamination of milk;

e. after disinfection, tankers and cans shall be drained;

f. milk shall be collected, transported and delivered without undue delay, and in a manner that avoids the introduction of contaminants into milk and minimizes the growth of microorganisms in the milk;

g. a milk and milk product transport business shall transport dairy products using time and temperature controls that prevent or reduce the growth of microbiological hazards in the product; and

h. in the case of refrigerated products, the vehicle product compartment shall be cooled prior to loading and the product compartment shall be kept at an appropriate temperature at all times, including during unloading.

(6) A milk and milk product transport business shall have a system to identify the immediate supplier and immediate recipient of the milk and milk product.

(7) A milk and milk product transport business shall ensure that persons undertaking milk or dairy product collection and transport activities have skills and knowledge of food safety and hygiene matters commensurate with their work activities.

(8) A milk and milk product processing business shall control its potential food safety hazards by implementing -

a. good hygienic practices; and

b. by 2010, a documented and operational food safety program based upon hazard analysis and critical control point (HACCP) principles.

(9) A milk and milk product processing business, in addition to applying good hygienic practices required by the Fourth Schedule of these Regulations, shall additionally ensure that -

a. when the raw milk arrives at the processing plant, the milk shall be cooled and maintained at such temperatures as necessary to minimize any increase of the microbial load of the milk;

b. no raw material shall be accepted if it is known to contain chemical, physical or microbiological contaminants that would not be reduced to an acceptable level by normal sorting and/or processing;

c. the flow of the product and of the ingredients within equipment and through the processing facility shall maintain a forward progression from raw material receipt to finished product packaging so as to avoid cross contamination;

d. the flow of the water, air, effluents, and milk shall be carefully evaluated to ensure that the potential for cross-contamination does not occur;

e. potable water shall be available and adequate for all purposes necessary and shall be regularly monitored by the food business operator;

f. reconditioning of water for reuse and use of reclaimed and recycled water shall be undertaken in such a manner as to not contaminate product and such water shall be regularly monitored by the food business operator;

g. all food product contact surfaces in piping and equipment, including areas that are difficult to clean such as by-pass valves, sampling valves, and overflow siphons in fillers shall be adequately cleaned;

h. a routine programme to verify the adequacy of cleaning shall be in place;

i. all equipment and utensils used in processing shall, as necessary, be cleaned and disinfected, rinsed with water which is safe and suitable for its intended purpose (unless the manufacturer's instructions indicate rinsing is not necessary), then drained and air dried where appropriate;

j. milk shall be pasteurized by -

i. heating to a temperature of no less than 72ºc and retaining at such temperature for no less than 15 seconds;

ii. heating, using any other time and temperature combination of equivalent or greater lethal effect on any pathogenic micro-organisms in the milk; or

iii. using any other process that provides an equivalent or greater lethal effect on any pathogenic micro-organisms.

k. pasteurized milk shall be cooled immediately in a way that ensures that the growth of microbiological hazards in the milk is prevented or reduced.

l. milk or milk products used to make cheese or cheese products shall be processed by -

i. heating to a temperature of no less than 72ºC and retaining at such temperature for no less than 15 seconds;

ii. heating, using any other time and temperature combination of equivalent or greater lethal effect on any pathogenic micro-organisms in the milk; or

iii. by being held at a temperature of no less than 62ºC for a period of no less than 15 seconds, and the cheese or cheese product stored at a temperature of no less than 2ºC for a period of 90 days from the date of processing; or

iv. such that -

1. the curd is heated to a temperature of no less than 48ºC; and

2. the cheese or cheese product has a moisture content of less than 36%, after being stored at a temperature of no less than 10ºC for a period of no less than 6 months from the date of processing

m. that milk and milk products be kept at an appropriate temperature in order to maintain their safety and suitability from the time it is packaged until it is consumed or prepared for consumption.

n. it is the responsibility of the manufacturer to determine the shelf life of the product and the conditions for storage.

o. milk products that have been returned from other locations shall be identified, segregated and stored in a clearly designated area.

(10) A milk and milk product processing business shall have a system to identity the immediate supplier of milk and milk products and ingredients and the immediate recipient of the milk and milk products.

(11) Unless the milk or milk product is shelf stable at ambient temperatures, a statement regarding the need for refrigeration or freezing shall be included on the label of the product.

(12) A person shall not store, display for sale or sell milk or milk product contrary to the storage conditions prescribed on the label as required by section (11).

EIGHTH SCHEDULE
(Regulation 18)

FOOD SAFETY ACT 2003
FOOD SAFETY REGULATIONS 2008

STANDARD ON GOOD HYGIENIC PRACTICES FOR MEAT AND MEAT PRODUCTS

1 Scope and interpretation
(1) This Standard is concerned with hygienic practice to be applied for raw meat, meat preparations and manufactured meat from the time of live animal production up to the point of sale to the consumer.

(2) For the purposes of this Standard, meat is that derived from domestic ungulates (hoofed animals), domestic solipeds (animals with a single hoof per foot) and other types of animals from which meat is derived, including lagomorphs (such as rabbits and hares).

(3) This Standard applies in addition to the Standard on General Requirements on Good Hygienic Practices for all Food Businesses.

(4) In this Standard and elsewhere in these Regulations where these terms are used they shall be taken to mean the following, unless the context otherwise requires -

"Abattoir" means any establishment where specified animals are slaughtered and dressed for human consumption and that is approved, registered and/or listed by the relevant authority for such purposes.

"Dressing" means the progressive separation of the body of an animal into a carcass and other edible and inedible parts.

"Edible offal" means such offal that has been passed as fit for human consumption including lungs but not including ears, scalp, snouts, lips, mouth, mucous membrane, sinews, genital system, udders, intestines and urinary bladder.

"Manufactured meat" means meat products resulting from the processing of raw meat or from the further processing of such processed products, so that when cut, the cut surface shows that the product no longer has the characteristics of fresh meat.

"Meat" means the edible part including edible offal from any animal slaughtered in an abattoir.

"Meat preparation" means raw meat which has had foodstuffs, seasonings or additives added to it.

"Ready-to-eat manufactured meat products" means meat products that are intended to be consumed without any further biocidal steps, and includes cooked or uncooked fermented meat; paté; dried meat; slow cured meat; luncheon meat; cooked muscle meat including ham and roast beef; and other ready-to-eat meat that is susceptible to the growth of pathogens or the production of toxins.

"Uncooked fermented meat" means fermented meat which has not had its core temperature maintained at 65ºC for at least 10 minutes or an equivalent combination of time and higher temperature during production.

2 Tradition or custom
(1) Any exemption from the requirements of this Standard on Fijians raising and slaughtering of animals in accordance with tradition or custom shall be made subject to the written certification of the Fijian Affairs Board under sub-regulation 11 of the Fijian Affairs Board under sub-regulation 11 of the Fijian Affairs Act (Cap. 120).

3 General principles of meat hygiene - primary production
(1) Primary production shall be managed in a way that reduces the likelihood of hazards being introduced and appropriately contributes to meat being safe and suitable for human consumption.

(2) Animal identification practices shall allow trace-back to the place of origin to the extent practicable, to allow regulatory investigation where necessary.

(3) Animals shall not be loaded for transport to the abattoir when -

a. the degree of contamination of the external surfaces of the animal is likely to compromise hygienic slaughter and dressing, and suitable interventions such as washing or shearing are not available;

b. information is available to suggest that animals may compromise the production of meat that is safe and suitable for human consumption, including, but not limited to, the presence of specific disease conditions or recent administration of veterinary drugs, or

c. conditions causing animal stress may exist or arise that are likely to result in an adverse impact on the safety and suitability of meat.

(4) Feeding of animals during primary production shall be subject to good animal feeding practice.

(5) Animals shall not be given feed and feed ingredients that -

a. are likely to introduce zoonotic agents (including transmissible spongiform encephalopathies) to the slaughter population;

b. are mouldy; or

c. contain chemical substances, including, but not limited to, veterinary drugs and pesticides or contaminants that could result in residues in meat at levels that make the product unsafe for human consumption.

4 General principles of meat hygiene -transport
(1) Transport of slaughter animals shall be carried out in a manner that does not have an adverse impact on the safety and suitability of meat.

(2) Transport vehicles shall be designed and maintained so that -

a. animals can be loaded, unloaded and transported easily and with minimal risk of injury and undue stress;

b. soiling and cross-contamination with faecal material is minimized;

c. new hazards are not introduced during transport;

d. ventilation is adequate; and

e. cleaning and sanitizing is readily achieved.

(3) Transport vehicles and crates, where used, shall be cleaned and if necessary sanitized as soon as practicable after animals have been unloaded at the establishment.

(4) Vehicles or shipping containers in which unprotected meat post slaughter is transported shall -

a. be designed and equipped so that the meat does not contact the floor;

b. have joint and door seals that prevent entry of all sources of contamination; and

c. where necessary, be equipped so that temperature control and humidity can be maintained and monitored.

5 General principles of meat hygiene - presented for slaughter
(1) Only healthy, clean and appropriately identified animals shall be presented for slaughter.

(2) All animals shall be screened upon arrival at the abattoir. Where abnormalities in behaviour or appearance suggest that an individual animal or a consignment of animals shall be segregated, this shall occur and the authorized officer undertaking ante-mortem inspection shall be notified.

(3) Animals presented for slaughter shall be sufficiently clean so that they do not compromise hygienic slaughter and dressing.

(4) The conditions of holding of animals presented for slaughter shall be such as to minimize soiling and cross contamination and such that their physiological condition is not compromised.

(5) All animals presented for slaughter shall be subjected to ante-mortem inspection, by an authorized officer whether on an individual or a lot basis.

(6) Animals suspected as being unsafe or unsuitable for human consumption shall be identified as such and handled separately from normal animals.

6 General principles of meat hygiene - slaughter establishments and facilities
(1) There shall be a physical separation between lairages and areas of an abattoir where edible material may be present.

(2) There shall be an area where "suspect" animals can be segregated, held and inspected in a manner that precludes contamination of other animals.

(3) There shall be special facilities to handle condemned animals and these facilities shall be constructed so that all parts, gut contents and faeces from condemned animals can be held under secure containment as appropriate to the circumstances.

(4) The special facilities specified in section (3) shall be constructed and equipped so as to facilitate effective cleaning and sanitation.

(5) Stunning and bleeding areas shall be separated from dressing areas (either physically or by distance), so that cross-contamination of animals is minimized.

(6) Areas for scalding, dehairing, scraping and singeing (or similar operations) shall be appropriately separated from dressing areas.

(7) Where slaughter is carried out, the processing line shall be designed so that there is constant progress of animals in a manner that does not cause cross-contamination.

(8) All areas and facilities where bodies of animals are dressed or meat may be present shall be designed and constructed so that they facilitate good hygienic practices and contamination of meat is minimized to the greatest extent practicable.

(9) Rooms and other areas in which bodies of animals are dressed or meat may be present shall be designed and constructed so that -

a. cross-contamination during operations is minimized to the greatest extent practicable;

b. effective cleaning, sanitation and maintenance can be carried out during and between periods of operation;

c. floors in areas where water is present slope sufficiently to grilled or otherwise protected outlets so as to ensure continual drainage;

d. exterior doors do not open directly into the area;

e. separate rooms or separated areas are used for skin-on dressing of pigs or other animals, when other classes of animals are being dressed at the same time; and

f. there are appropriate facilities for the preparation and storage of edible fats.

(10) Appropriately designed and insulated rooms shall be available as necessary for cooling, chilling and freezing of meat.

(11) Drainage and waste disposal systems shall not be a source of contamination of meat, the potable water supply or the processing environment.

(12) Establishments shall have an appropriate area, sufficiently protected from environmental contamination and capable of preventing adverse temperature variations, for dispatching meat.

(13) All areas in which exposed meat maybe present shall be equipped with adequate facilities for washing hands that -

a. are located convenient to work stations;

b. have taps that are not operable by hand;

c. supply water at an appropriate temperature, and are fitted with dispensers for liquid soap or other hand cleansing agents;

d. include hand drying facilities and receptacles for discarded paper towels, where they are used; and

e. have waste water ducted to drains.

7 General principles of meat hygiene - design and construction of equipment
(1) Equipment and containers in rooms and other areas where bodies of animals are dressed or meat may be present shall be designed and constructed so that contamination is minimized.

(2) Meat shall not be allowed to contact the floor and walls, or fixed structures not designed for such contact.

(3) Where slaughter lines are operated, they shall be designed so that there is constant progress of animal bodies, carcasses and other parts, in a manner that prevents cross-contamination between different parts of the slaughter line and between different slaughter lines.

(4) All rooms and other areas in which animals are dressed or meat may be present shall be equipped with adequate facilities for washing hands, and shall be equipped with adequate facilities for cleaning and sanitation of implements where required.

(5) Facilities for cleaning and sanitation of equipment shall be designed to effectively clean and sanitize the particular equipment; be located convenient to work stations; and have waste water ducted to drains.

(6) Equipment and implements for use with inedible or condemned parts of animals shall be distinctively identified.

8 General principles of meat hygiene -process control
(1) The food business operator has the primary responsibility for applying and supervising process control systems to ensure the safety and suitability of meat, and these shall incorporate prerequisite good hygienic practices, as well as HACCP plans where these are appropriate to the circumstances and as guided by the Board.

(2) A documented process control system shall describe the meat hygiene activities applied (including any sampling procedures), performance objectives or performance criteria, verification activities, and corrective and preventative actions.

(3) Where process control includes the application of HACCP principles the design and implementation of process control systems shall be according to The Hazard Analysis and Critical Control Point (HACCP) System and Guidelines for its Application (CAC/RCP 1-1969, Rev. 4-2003).

(4) All animals brought to the slaughter floor shall be slaughtered without delay, and stunning, sticking and bleeding of animals shall not proceed at a rate faster than that at which bodies of animals can be accepted for dressing.

(5) During initial dressing operations -

a. slaughtered animals that are scalded, flamed or similarly treated shall be scoured of all bristles, hair, scurf, feathers, cuticles and dirt;

b. the trachea and oesophagus shall remain intact during bleeding, except in the case of ritual slaughter;

c. bleeding shall be as complete as possible;

d. if blood is intended for food, it shall be collected and handled in a hygienic manner;

e. exposure of the tongue shall be done in such a way that the tonsils are not cut;

f. skinning of the head may not be required for some classes of animals, including goats, calves and sheep, provided that heads are handled in such a way as to avoid undue contamination of meat;

g. before the removal from the head of any parts intended for human consumption, the head shall be clean and, except in the case of animal bodies that are scalded and dehaired, skinned to an extent sufficient to facilitate inspection and the hygienic removal of specified parts;

h. lactating or obviously-diseased udders shall be removed from animal bodies at the earliest opportunity;

i. removal of udders shall be done in such as way that the contents do not contaminate the animal bodies; and

j. hides and fleeces shall not be washed, de-fleshed or left to accumulate in any part of an abattoir or establishment that is used for slaughter or dressing.

(6) Once the removal of the hide/fleece has commenced, or dehairing has occurred, animal bodies shall be separated from each other to avoid contact, and this shall be maintained until each carcass has been inspected and judged by an authorized officer undertaking post-mortem inspection.

(7) During dressing -

a. where bodies of animals are skinned, this process shall be completed before evisceration;

b. evisceration shall be carried out without delay;

c. discharge or spillage of any material from the oesophagus, stomach, intestines, rectum, or from the gall bladder, urinary bladder, uterus or udder, shall be prevented;

d. intestines shall not be severed from the stomach during evisceration and no other opening shall be made into an intestine, unless the intestines are first effectively tied to prevent spillage;

e. stomachs and intestines and all inedible material derived from the slaughtering and/or dressing of bodies of animals shall be removed as soon as possible from the dressing area, and processed in a manner that does not cause cross-contamination of meat;

f. methods used to remove visible and microbial contamination shall be demonstrated to be effective by meeting requirements specified by the Board; and

g. faecal and other material shall be trimmed or otherwise removed from carcasses in a manner that does not result in further contamination, and which achieves appropriate performance objectives or performance criteria for process control.

(8) Animal bodies and carcasses shall not come into contact with surfaces or equipment unless practically unavoidable.

(9) Notwithstanding section (8) where use of equipment involves contact by design, the hygiene of the equipment shall be appropriately maintained and monitored.

(10) Establishment operators shall meet the requirements of authorized officers in terms of presentation of edible parts of bodies of animals for post-mortem inspection.

(11) Parts of slaughtered animals that have been removed before post-mortem inspection is performed shall remain identifiable, as belonging to a single carcass (or a group of carcasses) when required for post-mortem judgment.

(12) All carcasses and other relevant parts shall be subjected to post-mortem inspection.

(13) Post-mortem inspection procedures and tests shall occur as soon as is practicable after slaughter of animals.

(14) Carcasses and other relevant parts condemned by the authorized officer undertaking post-mortem inspection, as unsafe or unsuitable for human consumption shall be identified as appropriate and handled in a manner that does not result in cross-contamination of meat from other carcasses and relevant parts.

(15) Where the initial results of post-mortem inspection are insufficient to accurately judge edible parts as safe or suitable for human consumption, all parts of the animal that are required for further investigation shall be held under the control of the authorized officer undertaking these activities.

(16) Meat passed as safe and suitable for human consumption shall be:

a. removed without delay from the dressing area;

b. handled, stored and transported in a manner that will protect it from contamination and deterioration; and

c. held under conditions that reduce its temperature and/or water activity appropriately.

(17) An official health mark applied to meat, wrapping or packaging, shall provide recognition that the product has been produced in accordance with regulatory requirements, and shall assist with trace-back to the establishment of origin if required.

(18) The health mark specified in section (17) shall include the approval/registration/ listing number of the establishment, be applied in such a way that it cannot be re-used, and be legible.

(19) Parts of animals deemed unsafe or unsuitable for human consumption shall be -

a. placed without delay into specifically identified chutes, containers, trolleys, or other handling facilities;

b. identified by means as appropriate to the type and end use of the tissue; and

c. in the case of condemned material, handled in rooms reserved for that purpose and conveyed in a secure manner to a place of disposal.

(20) Establishments shall have adequate systems that enable product recall, where necessary.

9. Freezing, storage and thawing
(1) Where meat is placed in a room for freezing -

a. meat that is not in cartons shall be hung or placed on racks or trays in a manner that allows adequate circulation of air;

b. meat that is not in cartons shall be held in a manner whereby the potential for cross-contamination via dripping of liquids is prevented;

c. cartons containing meat shall be stacked so as to permit adequate circulation of air; and

d. meat held on trays shall be placed so as to avoid contact with the base of an upper tray.

(2) Where meat is held in a freezer room or storage facility:

a. the temperature of the meat shall have been reduced to an acceptable level before placement;

b. exposed meat shall be stored in such a way that the hygiene cannot be compromised by the presence of packaged meat or packaging material;

c. meat, whether in carcass form or in cartons, shall not be stacked directly on the floor and shall be positioned so that there is adequate air circulation; and

d. the freezer store shall be operated and maintained under conditions appropriate to maintaining the safety and suitability of meat.

(3) Where raw meat is thawed, it shall be thawed under time-temperature control so as to minimize the potential growth of pathogens and such that there is adequate drainage of liquid run-off.

10. Minced meat, manufactured meat, meat preparations and meat products
(1) When raw meat is minced -

a. it shall be obtained only from parts of animals as approved by the Competent Authority e.g. striated muscle and adherent fatty tissue

b. it shall not contain bone fragments or skin; and

c. any grossly abnormal tissues and/or post-dressing contamination shall be removed before mincing.

(2) When raw meat is minced or used in meat preparations, unless used directly as an ingredient for meat preparations and manufactured meat -

a. it shall be immediately wrapped and/or packaged, followed by immediate refrigeration;

b. establishments shall ensure that contamination with metal fragments shall not occur; and

c. it shall not be refrozen after thawing.

(3) With meat preparations or manufactured meat -

a. the process flow of raw meat awaiting processing and meat during processing shall be such that possible cross-contamination is avoided;

b. supply and addition of non-meat ingredients shall be subject to good hygienic practice and good manufacturing requirements; and

c. products that include non-meat protein products shall be appropriately labeled to inform consumers of the proportion of non-meat protein.

(4) Uncooked fermented meat products shall be fermented using a viable starter culture and that starter culture shall not be a previously fermented meat product.

(5) Uncooked fermented meat products shall reach a pH of 4.6 or less in as short a time as possible by good manufacturing practices.

(6) Dried meat products shall be -

a. dried in accordance with good manufacturing practice to achieve a activity as rapidly as possible in order to minimize the risk of growth of microbial pathogens;

b. maintained in an environment that both minimizes contamination and the re-adsorption of moisture.

(7) If any heat and/or other processing treatments are not sufficient to ensure the stability of the meat product or preparation, the product or preparation shall be cooled to 5°C as rapidly as possible and held at these temperatures.

NINTH SCHEDULE
(Regulation 19 (1))

FOOD SAFETY ACT 2003
FOOD SAFETY REGULATIONS 2008

STANDARD ON SPECIFIC GOOD HYGIENIC PRACTICES FOR EGG AND EGG PRODUCTS

1 Scope and interpretation
(1) This Standard is concerned with hygienic practice to be applied for the hygienic production, storage, packaging and transport of whole egg, egg albumen, egg yolk and other products consisting wholly or mainly of one or more of the constituents of egg, intended for human consumption from production up to the point of retail sale.

(2) For the purposes of this Standard, unless specifically stated otherwise -

a. "egg" means eggs (in shell) of domesticated chickens (hens). However, the principles expressed herein may be applied equally to eggs of other domesticated birds; and

b. "egg products" means the content of eggs, as whole egg or only the yolk or only egg albumen or a mixture of yolk and albumen in liquid, frozen or dried form, single or in combination with other foods or drinks to a minimum content of 50% egg product.

(3) This Standard applies in addition to general hygiene requirements under the Standard on General Requirements on Good Hygienic Practice for All Food Businesses.

2 Tradition or custom
(1) Any exemption from the requirements of this Standard on Fijians raising poultry in accordance with tradition or custom shall be made subject to the written certification of the Fijian Affairs Board under sub-regulation 11 of the Fijian Affairs Board under sub-regulation 11 of the Fijian Affairs Act (Cap. 120).

3 General principles of egg hygiene - primary production
(1) Primary production shall be managed in a way that reduces the likelihood of hazards being introduced and appropriately contributes to eggs being safe and suitable for human consumption.

(2) Environmental sanitation in production areas shall be adequate to protect eggs from contamination, including from human and animal wastes.

(3) Animal, plant pest and disease control through treatment with chemical, biological or physical agents shall be adequate to protect eggs from contamination.

(4) Only eggs derived from healthy stock shall be used in the production of eggs and egg products for human consumption.

(5) Equipment and egg containers shall not constitute a hazard to health and containers which are re-used shall be of such material and construction as will facilitate thorough cleaning, and shall be so cleaned and maintained as not to constitute a source of contamination to the product.

(6) Eggs shall be collected to minimize deterioration as frequently as necessitated by the climatic conditions and shall be handled as little as possible.

(7) Contamination of the shell with dirt, bedding materials or by animals, insects, vermin, birds, chemical or microbiological contaminants or other objectionable substances shall be avoided.

(8) Eggs shall not be cleaned on the farm unless otherwise approved by the Board when it is satisfied as to the method of cleaning employed, including the time/temperature conditions of any washing process and the detergents/disinfectants used.

(9) Unfit eggs shall be segregated during collection to the fullest extent practicable, and shall be disposed of in such a place and such a manner as will prevent contamination of other eggs or water supplies.

(10) When stored on the farm, eggs shall be stored at such a temperature and relative humidity as will minimize deterioration having regard to local climatic conditions.

(11) All eggs shall be carefully handled and packed so as to prevent breakage however where breakage is likely the eggs shall be handled in accordance with Codex guidance and products derived from the eggs shall at all times be handled hygienically.

(12) Transportation shall be designed so as to protect the eggs and egg products from contamination and conveyances for transporting eggs shall be adequate for the purpose intended and shall be of such material and construction as will permit thorough cleaning and shall be so cleaned and maintained as not to constitute a source of contamination to the eggs.

4 General principles of egg hygiene - in plant
(1) No eggs or other raw materials shall be accepted by the plant if they are known to -

a. contain toxic substances; and

b. contain decomposed or extraneous material which will not be removed or reduced to acceptable levels by normal plant procedures of sorting or preparation.

(2) Areas -

a. where eggs and other raw materials are received or stored shall be so separated from areas in which final product preparation or packaging is conducted as to preclude contamination of the finished product;

b. and compartments used for storage, or handling of edible eggs shall be separate and distinct from those used for inedible materials; and

c. where unpacking and washing of the eggs occurs shall be so separated from areas in which final product preparation or packaging is conducted as to preclude contamination of the finished product.

(3) Equipment and utensils used for inedible or contaminated materials shall be so identified and shall not be used for handling edible products.

(4) Cleaning and disinfection shall be implemented in such a manner as to achieve a safe and suitable end product and to ensure a hygienic environment for handling of eggs and packaging of the final product.

(5) Waste material, which includes empty shells and reject eggs, shall be -

a. stored in such a manner as not to cause a nuisance from offensive odours, insects, birds or vermin;

b. removed regularly and frequently, and at least at the end of the day, from packing rooms either by means of suitable containers, conveyor belts or water troughs; and

c. be removed from the premises daily.

(6) Immediately after emptying, receptacles and equipment used for storage and consolidation of waste material shall be cleaned and disinfected, as also shall the paved areas used for the storage of such waste receptacles.

5 Hygienic Practice Requirements Specific to Egg Products
(1) No egg products shall be permitted for importation into or sale in Fiji without having been produced and processed at least according to the requirements of Codex' Recommended International Code of Hygienic Practice for Egg Products (CAC/RCP 15-1976 and its revisions).

(2) No egg products shall be permitted for importation into or sale in Fiji without having been certified by the Competent Authority of the exporting country as -

a. having been produced and processed at least according to the requirements of Codex' Recommended International Code of Hygienic Practice for Egg Products (CAC/RCP 15-1976 and its revisions) or its equivalent; and

b. meeting the microbiological requirements of Schedule 12 of these Regulations.

(3) Pasteurized egg products processed in Fiji shall be subjected to a microbiocidal treatment to ensure the products are safe and suitable.

(4) All operations subsequent to the treatment specified in section (3) shall ensure that the treated product does not become contaminated.

(5) Microbiocidal treatments specified in section (3), including heat treatment, shall be validated to show they achieve the desired reduction in the number of pathogenic microorganisms and result in a safe and suitable product and records of such validation shall be made available to authorized officers of the food authority.

(6) Pasteurized liquid egg products shall be cooled rapidly immediately after pasteurization and maintained under refrigeration at less than 5ºC.

(7) Egg products processed in Fiji shall meet the microbiological requirements of Schedule 12 of these Regulations.

TENTH SCHEDULE
(Regulation 25 (2))

FOOD SAFETY ACT 2003
FOOD SAFETY REGULATIONS 2008

TABLE OF CONDITIONS FOR NUTRIENT CONTENT CLAIMS

________________
3 In the case of the claim "low in saturated fat", trans fatty acids should betaken into account where applicable. This provision consequentially applies to foods claimed to be "low in cholesterol" and "cholesterol free".

ELEVENTH SCHEDULE
(Regulation 28 (1))

FOOD SAFETY ACT 2003
FOOD SAFETY REGULATIONS 2008

A. MAXIMUM PERMITTED LEVELS OF CHEMICAL CONTAMINANTS

(1) Maximum permitted levels of arsenic in edible fats and oils, named animal fats, named vegetable oils, olive oils and olive pumice oils, and fats spreads and blended spreads shall be 0.1 mg/Kg.

(2) Maximum permitted levels of arsenic in salt shall be 0.5 mg/Kg.

(3) Maximum permitted levels of cadmium in salt shall be 0.5 mg/Kg.

(4) maximum permitted levels of cadmium in fish and fisheries products shall be as prescribed below -

(5) Maximum permitted levels of copper in anhydrous milkfat, milkfat, anhydrous butteroil and butteroil and ghee shall be 0.05 mg/Kg.

(6) Maximum permitted levels of copper in edible animal fats not elsewhere specified shall be 0.4 mg/Kg.

(7) Maximum permitted levels of copper in salt shall be 2.0 mg/Kg.

(8) Maximum permitted levels of iron in anhydrous milkfat, milkfat, anhydrous butteroil and butteroil and ghee shall be 0.2 mg/Kg

(9) Maximum permitted levels of lead in edible fats and oils shall be 0.2 mg/Kg unless otherwise stated as with the named animal fats and vegetable oils and olive oils and olive pumice oils.

(10) Maximum permitted levels of lead in named animal fats, named vegetable oils, olive oils and olive pumice oils, and fats spreads and blended spreads shall be 0.1 mg/Kg.

(11) Maximum permitted levels of lead in canned corned beef, canned luncheon treat and sugars shall be 0.5 mg/Kg;

(12) Maximum permitted levels of lead in salt shall be 2 mg/Kg;

(13) Maximum permitted levels of lead in jam and jelly shall be 0.5 mg/Kg;

(14) Maximum permitted levels of lead in infant formula shall be 0.02mg/Kg.

(15) Maximum permitted levels of lead in fish and fisheries products shall be as prescribed below -

(16) Maximum permitted levels of total mercury in Sharks (all species), Tuna (Thunnus spp,), Little tuna (Euthynnus spp,), Bonito (Sarda spp,), Plain bonito (Orcynopsis unicolor), Swordfish (Xiphias gladius), Sailfish (Istiophorus platypterus), Marlin (Makaira spp,), Bass (Dicentrarchus labrax), Portuguese dogfish (Centroscymnes coetolepis), Rays, (Raja spp,), Anglerfish (Lophius spp,), Emperor or Orange roughy (Hoplostethus atlanticus), Bonito (Sarda Sarda), Grenadier (Coryphaenoides rupestris), Plain bonito (Orcynopsis unicolor), Snake mackerel or Butterfish (Lepidocybium Havobrunneum, Ruvettus pretiosus, Gempylus serpens) shall be 1.0 mg/Kg.

(17) Maximum permitted levels of total mercury in all other species of fish other than those described in section (16) above shall be 0.5 mg/Kg

(18) Maximum permitted levels of mercury in salt shall be 0.1 mg/Kg.

(19) Maximum permitted levels of tin in canned corned beef and canned luncheon meat shall be 50 mg/Kg unless it is in tinplate containers when the maximum permitted shall be 200 mg/Kg.

(20) Maximum permitted levels of tin in canned jam and jelly shall be 50 mg/Kg unless it is in tinplate containers when the maximum permitted shall be 200 mg/Kg.

(21) Maximum permitted levels of 3-chloro-1,2-propanediol in acid hydrolyzed foods such as, but not limited to, soy sauce and fish sauce shall be 0.2mg/Kg.

(22) Maximum permitted levels of 1,3-dichloro-2-propanol in acid hydrolyzed foods such as, but not limited to, soy sauce and fish sauce shall be 5µg/Kg.

(23) While not being permitted to be purposefully added to food, in recognition that some foods may become contaminated accidentally, the maximum permitted levels for melamine in food are 1mg/Kg in food for infants up to 3 years and 2.5mg/Kg for all other food.

(24) While not being permitted to be purposefully added to animal feed, in recognition may become contaminated accidentally, the maximum permitted levels for melamine in feed for food animals is 2.5mg/Kg.

B. MYCOTOXINS

(1) The maximum permitted levels of total aflatoxin shall be -

i. 15 µg/Kg for treenuts and groundnuts, including but not limited to peanuts, for further processing; and

ii. 10 µg/Kg for ready-to-eat treenuts and groundnuts, including, but not limited to, peanuts.

iii. 4 µg/Kg for rice and other cereal products for direct human consumption.

(2) The maximum permitted levels of patulin hall be -

i. 50 µg/Kg for fruit juices and nectars;

ii. 25 µg/Kg noni juice

iii. 10µg/Kg in juices targeted at consumption by infants and young children

(3) The maximum permitted levels of ochratoxin A shall be -

i. 5 µg/Kg for wheat and other cereal products for direct human consumption

(4) The maximum permitted levels of deoxynivenol shall be -

i. 500 µg/Kg for rice and other cereal products for direct human consumption

TWELFTH SCHEDULE
(Regulation 34 (1))

FOOD SAFETY ACT 2003
FOOD SAFETY REGULATIONS 2008

MAXIMUM LIMITS ON MICROBIOLOGICAL CONTAMINANTS IN FOODS

Where - n means the minimum number of sample units which shall be examined from a lot of food; c means the maximum allowable number of sample units with microbiological levels above m; M means the level that if exceeded in any one sample would cause the lot to be rejected as not meeting these Regulations.
_____________________________
2.pooled from a minimum of 10 animals
3.pooled from a minimum of 10 samples
4.In addition to tests to be concluded on packaging/bottles during processing.

THIRTEENTH SCHEDULE
(Regulation 35 (1))

FOOD SAFETY ACT 2003
FOOD SAFETY REGULATIONS 2008

STANDARDS ON MILK AND MILK PRODUCTS

13.1 Standard on milk
(1) "Raw milk" is the fluid mammary secretion directly obtained from milking animals (e.g., cows, sheep, goats, buffalo), but excludes colostrum.

(2) Raw milk shall not be sold for direct consumer consumption in the raw state.

(3) Raw milk for further processing, when subjected to the reductase test prior to processing, shall not completely decolorize any methylene blue solution in less than 4 hours.

(4) Subject to section (5), packaged cow's milk labeled as "milk' or "fresh milk"

a. shall contain not less than -

i. 3.2% of milk fat;

ii. 3.0% protein (measured as crude protein); and

iii. 8.5% of non-fat milk solids; and

b. shall not contain any -

i. added ingredients or additives unless otherwise permitted by the Board;

ii. incidental constituents harmful to health;

iii. detectable traces of antibiotic substances.

(5) Not withstanding section (4) milk for retail sale may be adjusted to comply with section (4) provided the adjustment does not alter the whey protein to casein ratio of the milk being adjusted.

(6) Milk which has been manufactured by recombination or reconstitution shall be labeled as "Recombined milk" or "Reconstituted mills" or another truthful qualifying term if the consumer would be misled by the absence of such labeling;

(7) It shall be an offence to label a food in such a manner that the consumer could be reasonably misled that the food is "fresh milk" when the product has been prepared by reconstitution, recombination or any other similar process or when it doesn't comply with the other requirements of this standard.

13.2 Standard on fermented milks
(1) This Standard applies to fermented milks in conformity with Codex Standard 243 and its revisions.

(2) Fermented milk is a milk product obtained by fermentation of milk, which milk may have been manufactured from products obtained from milk with or without compositional modification as limited by the provision in sections (8-10), by the action of suitable microorganisms and resulting in reduction of pH with or without coagulation.

(3) Starter microorganisms shall be viable, active and abundant in the product to the date of minimum durability of the fermented milk product. If the product is heat-treated after fermentation the requirement for viable microorganisms does not apply.

(4) Flavoured fermented milks are composite milk products which contain a maximum of 50% (m/m) of non-dairy ingredients (such as nutritive and non nutritive sweeteners, fruits and vegetables as well as juices, purees, pulps, preparations and preserves derived there from, cereals, honey, chocolate, nuts, coffee, spices and other harmless natural flavouring foods) and/or flavours. The non-dairy ingredients can be mixed in prior to/or after fermentation.

(5) Fermented milk products may include -

a. milk and/or products obtained from milk;

b. potable water for the use in reconstitution or recombination;

c. starter cultures of harmless microorganisms;

d. sodium chloride; and

e. non-dairy ingredients approved by the Codex General Standard on Food Additives;

f. gelatin and starch in -

i. fermented milks heat-treated after fermentation;

ii. flavoured fermented milk; and

iii. plain fermented milks;

provided they are added only in amounts functionally necessary as governed by Good Manufacturing Practice, taking into account any use of the stabilizers/thickeners

(6) Fermented milk shall have -

a. not less than 2.7% milk protein;

b. less than 10% milkfat; and

c. a titrable acidity not less than 0.3%.

(7) Yoghurt and acidophilus milk shall have -

a. not less than 2.7% milk protein;

b. less than 15% milkfat, and

c. titrable acidity not less than 0.6%.

(8) In flavoured fermented milks, the criteria prescribed in sections (6) and (7) apply to the fermented milk part.

(9) Whey removal after fermentation's not permitted in the manufacture of fermented milks,

(10) In addition to the general requirements on labeling of pre-packaged foods -

a. the name of the food shall be fermented milk or may be replaced by the designations Yoghurt, Acidophilus milk, provided that the product complies with the specific provisions of this Standard;

b. the above specific terms may be used in connection with the term "frozen" provided that the frozen product is sold for direct consumption only.

c. products obtained from fermented milk(s) heat treated after fermentation shall labeled as "heat Treated" or other such term informing the consumer accurately of the heat treatment process;

d. the designation of flavoured fermented milks shall include the name of the principal flavouring substance(s) or flavours) added;

e. fermented milks to which only nutritive carbohydrate sweeteners have been added, may be labeled as "sweetened_______", the blank being replaced by the term "fermented milk" or another designation as specified in this Regulation

f. if non-nutritive sweeteners are added in partial or total substitution to sugar, the mention "sweetened with________" or "sugared and sweetened with_________" shall appear close to the name of the product, the blank being filled in with the name of the artificial sweeteners; and

g. the milk fat content shall be either as (i) a percentage of mass or volume, or (ii) in grams per serving as qualified in the label, provided that the number of servings is stated.

13.3 Standard on evaporated milk
(1) This Standard applies to evaporated milks, intended for direct consumption or further processing. This standard applies in conformity with Codex Standard A-3-1971.

(2) Evaporated milks are milk products which can be obtained by the partial removal of water from milk by heat, or by any other process which leads to a product of the same composition and characteristics. The fat and/or protein content of the milk may have been adjusted, only to comply with the compositional requirements of section (4) of this Standard, by the addition and/or withdrawal of milk constituents in such a way as not to alter the milk being adjusted.

(3) The only ingredients permitted in evaporated milk other than the milk itself and additives permitted in accordance with the Codex General Standard on Food Additives shall be shall be potable water and sodium chloride.

(4) The following compositional requirements shall be met for each of the products identified -

a. Evaporated milk

i. Minimum milkfat shall be 7.5% m/m

ii. Minimum milk solids shall be 25% m/m

iii. Minimum milk protein in milk solids-not-fat shall be

iv. 34% m/m

b. Evaporated skimmed milk

i. Maximum milkfat shall be 1% m/m

ii. Minimum milk solids shall be 20% m/m

iii. Minimum milk protein in milk solids-not-fat shall be 34% m/m

c. Evaporated partly skimmed milk

i. Milkfat shall be more than 1% and less than 7.5% m/m

ii. Minimum milk solids shall be 20% m/m

iii Minimum milk protein in milk solids-not-fat shall be 34% m/m

d. Evaporated high-fat milk

i. Minimum milkfat shall be 15% m/m

ii. Minimum milk solids-not-fat shall be 11.5% m/m

iii, Minimum milk protein in milk solids-not-fat shall be 34% m/m

(5) In addition to the general requirements on labeling of pre-packaged foods -

a. the name of food shall be in accordance with the compositional requirements specified in section (4);