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Public Health Ordinance

LAWS OF TUVALU
REVISED EDITION 1978

CHAPTER 35

PUBLIC HEALTH ORDINACE

ARRANGEMENT OF SECTIONS

Section
1. Short title
2. Interpretation
3. Regulations

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An Ordinance relating to public health

8 of 1926
(Cap. 39 of 1952)
L.N. 7/68
8 of 1971
9 of 1971
(Cap 38 of 1973)
14 of 1974

Commencement: 1st December 1926

Short title

1. This Ordinance may be cited as the Public Health Ordinance.

Interpretation

2. In this Ordinance unless the context otherwise requires-

"sanitary district" means any such part of Tuvalu as may be declared and defined by the Minister to be a sanitary district for the purposes of this Ordinance;

"sanitary inspector" means any such person as may be appointed in writing by the Minister to be a sanitary inspector under this Ordinance and includes any medical officer;

"infectious disease" means cholera, plague, yellow fever, small-pox, diphtheria, typhoid fever, croup, puerperal fever, dysentery, measles, mumps, whooping cough, leprosy, typhus fever, meningitis in all its forms, tuberculosis in all forms, poliomyelitis, yaws in all its forms, gonorrhoea and other venereal diseases, and any other disease which the Minister may from time to time by notice declare temporarily or permanently to be an infectious disease for the purposes of this Ordinance.

Regulations

3. (1) The Minister may make regulations for the purpose of protecting and advancing the public health of Tuvalu and in particular as regards the following-

(a) latrines, dustbins and drains;

(b) scavenging, cleaning and disinfecting;

(c) the removal and disposal of night-soil and house refuse;

(d) the abatement of nuisances injurious to public health;

(e) the prevention of the spread of infectious diseases including the segregation, isolation and removal of persons suffering from any such disease or of persons who have been in contact with any such persons;

(f) regulating the carrying on of any trade declared by any such regulations to be an offensive trade;

(g) regulating the sale of milk;

(h) securing the cleanliness and freedom from pollution of tanks, vats, cisterns and other receptacles for storing water used or likely to be used by man for drinking or domestic purposes, and for the purification of water intended to be used in commodities offered for sale;

(i) regulating or prohibiting the use of any rain, stream, well or other water supply and for the prevention of the pollution thereof;

(j) common lodging-houses;

(k) bakehouses;

(l) mosquitoes;

(m) the protection of food offered for sale;

(n) the manufacturing for sale of aerated waters;

(o) slaughter-houses; and

(p) laundries.

(2) Any person who acts in contravention of any such regulations shall be liable to a fine of $20 or in default of payment to imprisonment for 1 month and in respect of any subsequent offence to a fine of $50 or in default of payment to imprisonment for 3 months.

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SUBSIDIARY LEGISLATION

[Subsidiary]

Declaration of a sanitary district under section 2

Notice dated 13/2/43

The islands and atolls of Tuvalu are declared a sanitary district to be known as the Tuvalu Sanitary District.

[Subsidiary]

Regulations under section 3

PUBLIC HEALTH REGULATIONS

8 of 1926 Sch.
8 of 1971
9 of 1971
14 of 1974

(1st December 1926)

Citation

1. These Regulations may be cited as the Public Health Regulations.

Premises to be kept clean

2. All houses, buildings and premises, and the land in which they stand shall be kept clean.

Stagnant water

3. No stagnant water shall be allowed to lie in such lands for more than 24 hours unless treated to the satisfaction of a sanitary inspector by efficient drainage or with petroleum or other suitable oil.

Tins, etc.

4. No tins, bottles or other receptacles capable of holding water shall be allowed to remain upon any such premises or lands.

Tanks, etc.

5. All tanks, vats and vessels used for retaining water shall be efficiently covered with mosquito-proof gauze, or shall be treated with petroleum or other suitable oil to the satisfaction of a sanitary inspector.

Water in boats

6. No stagnant water shall be allowed to lie in any boat or vessel whether afloat or ashore.

Guttering, etc.

7. The guttering and downpipes connected with the roofs of all houses, buildings and premises shall be kept clean and efficient.

Inspection

8. A sanitary inspector or any member of his staff thereto authorised by him in writing may, at all such times as he shall think fit, enter upon any premises for the purpose of inspection.

Inspection, etc., of unoccupied lands

9. A sanitary inspector together with his assistants may enter upon any unoccupied or apparently unoccupied lands for the purpose of inspecting and cleaning the same; and the owner of such lands shall be liable for any expenses thereby incurred.

Rubbish in streets, etc.

10. No person shall deposit or cause to be deposited any empty tin, bottle or other receptacle in any street, road, or other public place.

Latrines

11. Every house or building in daily occupation shall be provided by the owner thereof with latrine accommodation as approved by a sanitary inspector.

Cleaning of latrines

12. (1) Latrines shall be kept thoroughly clean.

(2) Occupiers of houses and buildings shall immediately report to the sanitary inspector should the latrine pans at their houses or buildings not be removed daily.

Destruction of latrine

13. A sanitary inspector may order the destruction without payment of compensation of any latrine which is, in his opinion, unfit for use, and a latrine approved by him shall thereupon be provided by the owner.

Disposal of rubbish

14. All garbage and rubbish which can readily be destroyed by fire shall be so destroyed; and all other garbage and rubbish shall be placed in tins and covered with fly-proof covers, and such tins shall be placed daily in positions convenient for collection.

Liability

15. (1) For any offence in contravention of any of regulations 2, 3, 4, 5, 6, 7,12 and 14 the person primarily liable shall be the occupier of the house, building, premises or lands or the person in command of, or in charge of the boat or vessel upon which or in respect of which such offence was committed; and if there be no such occupier or person in charge, the owner of the said house, building, premises, land, boat or vessel as the case may be shall become liable in respect of such offence.

(2) The liability imposed as aforesaid upon any occupier, person in charge or owner as aforesaid shall be in addition to the liability of any other person who aids or abets any contravention of the provisions of the regulations mentioned in paragraph (1).

Food-stuffs

16. All persons who sell or deal in food-stuffs of a perishable nature shall keep such food-stuffs properly protected from flies; and if a sanitary inspector be satisfied that any such food-stuffs have not been so protected he may order the immediate destruction thereof without payment of compensation.

Mineral waters and ice-cream

17. Only boiled or efficiently filtered water shall be used in operations connected with the manufacture and bottling of aerated waters and the making of ice-cream offered for sale; and any person failing to comply with the provisions of this regulation shall be deemed guilty of a contravention of these Regulations.

Powers of Minister

18. The Minister, on the recommendation of a sanitary inspector, may order the destruction, without payment of compensation, or drainage of banana, ponceana, or other trees or plants that retain water.

Power to prohibit sale of food

19. A sanitary inspector may prohibit the sale of any meat, fish, poultry, fruit, vegetables and other foods of any kind whatsoever that in his opinion are unfit for human consumption, and any person selling any commodities of which the sale has been so prohibited shall be deemed guilty of a contravention of the provisions of these Regulations.

Closing of wells

20. Any well or water supply which is injurious to health may be closed by order of a sanitary inspector.

Notification of infectious disease

21. Every case of infectious disease shall be at once notified, in the case of a sick child, by the parent or guardian, and, in the case of a sick adult, by the householder in whose house the illness occurs, or by any other adult inmate of the house, to the nearest sanitary inspector:

Provided that where any person required to notify a case of infectious disease is a labourer under contract of service, such labourer shall at once notify the case to the nearest person who may be in authority over him whether as his employer or as an agent of his employer or otherwise, and such person shall in turn at once notify the case to the nearest sanitary inspector:

And provided further that where any person under a duty of notification as aforesaid shall have failed in such duty the person in charge of the premises in which the case of infectious disease has occurred shall as soon as he shall have become aware thereof notify the case to the nearest sanitary inspector.

Isolation

22. A sanitary inspector shall have power to order the isolation or removal to hospital of persons suffering from an infectious disease, and no person so isolated or removed to hospital shall leave or be taken from the place where he has been isolated or leave the hospital or be taken from it unless so ordered by a sanitary inspector.

Contacts

23. Any person who has been in contact with a person suffering from any infectious disease, or who is known to have rendered himself liable in any other way to infection by an infectious disease, shall, if so ordered by a medical officer, remain in such place as such officer may direct for such period not exceeding 14 days as such officer may direct.

Disinfection

24. A medical officer may order without payment of compensation for any loss or damage suffered by the owner the removal, disinfection, or destruction of any boat, vessel or building or anything therein that has been exposed to infection.

Infectious disease on boat

25. If any person shall be suffering from an infectious disease on any boat or vessel, notification shall be made at once to the nearest sanitary inspector by the person in charge of such boat or vessel.

Power of entry

26. A sanitary inspector may at any time enter and inspect any boat, vessel or building in which he has reason to believe that there is a case of infectious disease.

Obstruction of officer

27. If any person obstructs any sanitary inspector acting under these Regulations in the execution of his duty or any assistant of any such sanitary inspector he shall be deemed guilty of a contravention of these Regulations.

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