FOOD (INTERIM PROVISIONS) REGULATIONS (Repealed)

This reprint shows the Regulations as in force at 3 September 1997. Any amendments that may come into operation after that date are not included.

This Act may be cited as the Food (Interim Provisions) Regulations. (See back note 1)

"aircraft" means a machine or apparatus that can derive support in the atmosphere from the reactions of the air or from buoyancy but does not include a hovercraft;

"authorized" means authorized in writing by the Minister or the Chief Health Officer;

"Chief Health Officer" means the Chief Health Officer appointed under the Public Health Act and includes his delegates under that Act;

"closet" means any structure whatsoever used for the purpose of or in connexion with the reception of excreta;

"drug" includes any article used for or in the composition or preparation of medicine for internal or external consumption or use by man, and includes disinfectants, germicides, antiseptics, preservatives, deodorants, anaesthetics, tobacco, narcotics, soaps, cosmetics, dusting powders, essences, unguents and all other toilet articles;

"food" includes every article which is used for food or drink by man, or which enters into or is used in the composition or preparation of any such article, and includes infant foods, flavouring matters, colouring matters, essences, condiments, spices and confectionery;

"infectious disease" means any infectious disease included in the definition of "Infectious Diseases" in the Infectious Diseases Regulations 1924;

"inspector" means any Health Surveyor appointed under the Public Health Act, and includes any member of the Police Force of the Territory, and also includes the Chief Health Officer;

"label" means a label, tag, brand, mark or statement in writing, whether or not containing any pictorial or other descriptive matter;

"owner" includes the occupier or person having the charge, management or control of premises, and the owner, whether jointly or severally, of any premises, the authorized agent, manager or superintendent of the owner, and in the case of mortgaged premises both the mortgagor and the mortgagee, and also includes a lessee; and in the case of premises owned by the Territory or the Commonwealth or any authority of the Territory or the Commonwealth, the person in charge of such premises;

"package" includes any case, bottle, jar, vessel, bag, box or other receptacle and any means by which goods are cased, covered, enclosed, contained or packed;

"place" includes an aircraft, vehicle, vessel or premises other than a private dwelling-house where food is not prepared for sale;

"premises" includes all buildings, structures and lands within the curtilage thereof; and any vehicle used in connexion with any business carried on at the premises;

"sale" includes offering or attempting to sell for consumption or use by man, or receiving for sale, or having in possession for sale, or exposing for sale, or sending, forwarding or delivering for sale, or causing or suffering or permitting or allowing to be sold or offered or exposed for sale for consumption or use by man, and also includes barter for such purposes;

(a) the latest edition (being an edition that has taken effect) for the time being of the book called the British Pharmacopoeia published under the direction of the General Medical Council of the United Kingdom; or

(b) if that edition has been added to or amended by additions or amendments that have taken effect – that edition as affected by those additions or amendments.

"transport", in relation to food, means to convey by aircraft, vehicle or vessel;

"vessel" includes a ship, boat, hovercraft, raft or pontoon and any other thing capable of carrying persons or goods through water.

(1) When any person sells a food or drug which is a mixture, the ingredients shall be pure and in an undeteriorated and sound condition.

(2) The vendor shall deliver the mixture to the purchaser in a package, on or attached to which is a label stating that the food or drug is a mixture and the names of the ingredients legibly and uniformly written and the names and proportions of the ingredients as prescribed.

(3) Notwithstanding anything contained in subsection (2), except in respect of a food or drug designated as a fever mixture or claiming to be effective for the treatment of malaria or fever, it shall not be necessary to supply a label in the case of –

(a) a food or drug generally known to users as a compounded article or a drug not recognized by the British Pharmacopoeia, if the food or drug is mixed with any ingredient or material not injurious to health and not intended fraudulently to increase its bulk, weight or measure, or to conceal its inferior quality;

(b) a drug supplied by prescription or order signed by a registered medical practitioner for his patient, or a drug compounded and supplied by a registered pharmaceutical chemist; or

(4) Any person who sells any food or drug which is a mixture in respect of which this section has been con-travened or has not been complied with, shall be guilty of an offence.

(1) The Minister may, by notice in the Gazette, prohibit the advertising or sale of –

(b) any article or apparatus to be useful or efficacious in relieving human suffering, or in curing, overcoming or alleviating any physical defect,

which, in his opinion, is injurious to life or health, or which, by reason of its inactivity or inefficiency, is useless for the advertised purposes:

Provided that no such notification shall be made until a reasonable opportunity has been given to the manufacturer, importer, vendor or owner of such drug or article, or his agent, to place his objections to the proposed notification before the Minister.

(2) Any person who advertises or sells any drug or article in contravention of any such notification and any person who prints any advertisement so notified, and any proprietor or manager of a newspaper or other public print who publishes any advertisement so notified, shall be guilty of an offence:

Provided that nothing in this subsection shall apply to the advertisement of drugs in bona fide trade journals or price lists by or on behalf of manufacturers to the retail trades only, or to the sale of drugs supplied by prescription or order signed by a registered medical practitioner or by him given to his patient or to any other person on behalf of such patient.

A person shall not, unless as prescribed, sell or offer for sale or use in the manufacture, preserving, storage or transit of any food for any purposes of sale any cooking utensil or any appliance –

(a) consisting wholly or in part of lead or of any metal alloy containing more than 10% by weight of lead;

(b) soldered (where in contact with any food) with a metal alloy containing more than 10% by weight of lead;

(d) containing enamel, glaze, indiarubber or gutta-percha which, on boiling for 30 minutes with dilute acetic acid containing 4% by weight of acetic acid yields lead to the latter; or

(e) containing more than one-fourth of a grain of arsenic per pound of metal alloy, enamel, glaze, india-rubber or gutta-percha.

(b) any wallpaper, decorative paper or paper serviettes, or paper used in the enclosure of any food for sale,

in or upon which there is any paint, colour, facing, dressing, size or varnish containing arsenic or antimony in any form or compound.

(a) any substance or compound as a disinfectant, germicide, antiseptic or preservative; and

(b) any patent or proprietary medicine which the Chief Health Officer certifies to be deleterious to health.

(2) Any person who sells any substance, compound or medicine in contravention of this section shall be guilty of an offence.

(3) For the purposes of this section, "patent or proprietary medicine" means any medicine or medicinal preparation for external or internal use which the maker or vendor has any exclusive right to make under the authority of letters patent, or which is recommended to the public by advertisement, price list, handbill or label for the prevention, cure or relief of any human ailment or physical defect.

(4) The Chief Health Officer may require such information or directions concerning disinfectants, germicides, antiseptics or preservatives, as he deems fit to be set out on labels attached or affixed to packages containing the same.

(5) Any person who sells or exposes for sale any substance or compound under the name or description of, or with intent that it may be used as, a disinfectant, deodorizer, germicide, preservative, antiseptic, sanitary powder or sanitary fluid, without disclosing the name or names of such substance or compound, and the percentage of the active ingredients contained in the same, by a label distinctly and legibly written and printed on or with the substance or compound, shall be guilty of an offence.

(1) The Chief Health Officer may cause to be examined any food, drug, article or appliance which is advertised, exhibited or offered for sale, for the purpose of ascertaining its composition and properties, and shall compare the results of the examination with any advertisement which relates to the food, drug, article or appliance, and with the price at which it is sold, and shall prepare and forward to the Minister a report thereon, and such report may include any comment which the Chief Health Officer thinks desirable in the public interest.

(2) The Chief Health Officer may, thereupon, with the approval of the Minister, cause the report to be published in any newspaper or public print which circulates within the Territory, and to be distributed among the public in any other way, and no action or legal proceeding shall be brought or instituted for or on account of or in respect of any such publication.

(3) Any proprietor or manager of a newspaper or public print may republish any such report and no action or legal proceeding shall be brought or maintained against such proprietor or manager for or on account of or in respect of the re-publication.

(4) In this section "appliance" includes any instrument or contrivance which is advertised, exhibited or offered for sale as of use for curative purposes.

(1) In any proceeding under this Act with respect to any food or drug, the standard prescribed by this Act shall be the standard, or if no such standard is prescribed in respect of any drug, the standard specified in the British Pharmacopoeia shall be taken as the standard.

(2) Any inspector, authorized officer or purchaser of any food or drug for which a standard exists shall, in the absence of proof to the contrary, be deemed to have demanded the standard quality of such food or drug.

(a) suffering from any infectious disease, skin eruption or venereal disease; or

shall not engage in or be employed in the manufacture, manipulation, preparation, handling, storage or sale of food or drugs.

(1) The Chief Health Officer or an authorized medical practitioner may examine any person so employed who is suspected of suffering from any infectious or contagious disease, and any person who refuses to submit to such examination on being required by an inspector or authorized officer so to do, or to any process of clinical or bacteriological examination ordered in writing by the Chief Health Officer, shall be guilty of an offence.

(2) When, as the result of any such examination, it has been ascertained that any such person, is liable to convey the germs of disease to a consumer of any food or drug, the Chief Health Officer may by order in writing direct that any such person shall forthwith discontinue or refrain from any work connected with the preparation, handling, serving, delivering or other dealing with any article of food or drug for sale and discontinue or refrain from any handling or other dealing with any utensil or receptacle in which, or on which, any such food or drug is kept or served, and that he shall not resume any such work until he receives from the Chief Health Officer written permission so to do.

(3) Any person who fails to comply with any order of the Chief Health Officer given in pursuance of subsection (2) or who resumes any such work before he is authorized in writing by the Chief Health Officer so to do shall be guilty of an offence.

Every person who is engaged in the manufacture, preparation, storage, packing, carriage or delivery of food or drugs for sale shall, when so engaged, maintain his clothing and his body clean.

Any person who spits or chews or smokes tobacco while engaged in the manufacture, packing or storing of any food or drug for sale, or in any place used for the manufacture or preparation of such food or drug, shall be guilty of an offence:

Provided that this section shall not apply to the packing or storing of any food or drug which is enclosed in an hermetically sealed container.

Every person who is in possession of any food or drug for sale, or who is engaged in the manufacture, preparation, storage, package, carriage or delivery of any food or drug for sale, shall keep all receptacles, implements, vehicles, articles, utensils, tools of trade, benches, fittings, machinery and other appliances used for or in connexion with food or drugs for sale, clean, free from dust, foul odours, flies or other insects.

A person shall not sell food or manufacture, prepare, serve, pack, store or offer or expose for sale any article of food or a drug –

(a) in any place which is at any time used as a sleeping apartment, or which is in direct communication with a sleeping apartment, or with any stable, urinal, privy or water-closet;

(b) in any place in which anything is kept, or any animal is allowed to be, or any work is carried on, whereby such article of food or drug is liable to be contaminated or its wholesomeness or cleanliness injuriously affected; or

A person shall not use any receptacle or any vehicle which is not clean in the carriage or delivery of any food or drug for sale, or use any such receptacle or vehicle for the carriage or containing of any matter whereby the wholesomeness, cleanliness and freedom from contamination of any food or drug for sale carried or contained or usually carried or contained in the vehicle or receptacle, would or might be endangered.

(1) Every person who sells any food which is ordinarily consumed in the state in which it is sold shall protect such food, until it is delivered to a purchaser, from dust, flies or other insects, or any unwholesome matter by storage in covered receptacles, by covering with gauze, or by other effectual means.

(2) A vendor shall not carry any food through any street unless it is protected in accordance with subsection (1).

(1) A person shall not sell any prescribed article of food for human consumption unless it is so packed or wrapped that it cannot come into contact with paper or other material which is not clean, or with any writing or printing upon any paper or other material.

(2) Subsection (1) does not apply where the article which is sold is bread and the bread is delivered to the customer at his place of residence or business.

A person shall not expose without adequate protection against flies and dust any article of food (other than fruit or vegetables) which is ordinarily consumed in the same state in which it is sold, in any window-space which is not so constructed as to protect the food from flies and dust, or in any other place unless the food is protected to the satisfaction of an inspector from flies and dust.

(1) A person shall not without the written permission of the Chief Health Officer display or have any food for sale in any street or public place.

(2) The Chief Health Officer shall not give his permission under subsection (1) unless he is satisfied that the display or sale of food, the subject of his permission, is conducted in accordance with approved standards of hygiene and methods of temperature control.

(1) A person shall not in any public or private bar, restaurant, dining-room, tea-room, refreshment stall or booth, or in any place where food is sold, use any drinking vessel, spoon, fork or other utensil used in connexion with cooking, eating or drinking unless such vessel or utensil has been thoroughly cleansed with clean water and is clean.

(2) In any place where clean water under pressure is available or can be made available, the cleansing of all such vessels or utensils shall be done by means of clean running water.

A person shall not use or have in his possession for use for the delivery of food for sale any drinking vessel, of which any edge liable to come into contact with the mouth or lips is broken or rough.

The proprietor of every retail shop wherein food is sold for consumption on the premises shall provide and maintain in a convenient position on his premises for the use of persons employed by him adequate washing appliances for the hands, together with a sufficient supply of soap and clean water, and a sufficient supply of clean towels.

A person shall not carry for sale or delivery on the footboard or exterior of any vehicle any bread, meat, milk or any article of food which is usually consumed in the same state in which it is sold, unless it is so enclosed or contained in a receptacle so constructed, as to prevent such article of food from being contaminated by flies or dust.

A person shall not enclose or carry or store any wheat, oats, maize, potatoes, onions, fruit or any other article of food for sale in any bag or sack or similar receptacle which has at any time contained, or has been used for the conveyance of bone-dust or superphosphate or any other manure or mixture of manures, or any other poisonous or harmful material.

A person shall not use for the preparation of ice-cream, ices or other food for sale, or for the cleansing or sterilization of any article used to contain food, any vessel or copper boiler which is used for boiling clothes.

A person shall not use any receptacle, vessel, appliance or vehicle in connexion with the preparation, storage, packing, carriage or delivery of any food for sale, unless the receptacle, vessel, appliance or vehicle is constructed of such material and in such a manner as to be easily cleansed and kept clean.

A person shall not use for the purpose of wiping or polishing fruit or any other food for sale any rag or cloth other than a proper duster kept solely for the purpose, and which is maintained in a clean condition; or use for the purpose of wiping or polishing fruit or any other food for sale any rag or cloth which consists or is composed of any wearing apparel or bed linen.

The occupier of every business or place where food for sale is produced, handled, manufactured, prepared, packed, kept or served shall cause such premises or place to comply with the following conditions:

(a) the premises or place shall be maintained at all times in a clean, serviceable and sanitary condition;

(b) the premises or place shall be maintained in such condition as to prevent the ingress or egress of rats, and all practicable measures for the destruction of rats and other vermin on the premises shall be taken;

(c) every place used in connexion with the manufacture, preparation, serving or keeping of food shall be adequate in size and properly enclosed, floored and ceiled;

(d) every room shall be effectively ventilated and lighted with natural light to the satisfaction of an inspector;

(e) every place shall be provided with effective sub-floor ventilation unless the floor be of concrete or similar impervious material;

(f) an efficient supply of clean water under pressure and wash basins freely accessible to all persons employed in the ratio of one to every 10 persons employed on the premises and an adequate supply of soap and clean towels shall be provided;

(g) every yard, shed, out-building or stable appurtenant to the premises, or lane or street contiguous to the premises shall be kept clean and free from packing cases, lumber, garbage, rubbish, offensive material and manure and all material essential to the business shall be kept packed or stacked as to prevent harbourage for rats or other vermin;

(h) the external portion of every premises shall be maintained at all times in a clean and sanitary condition; every window shall be kept clean and whole, and all painted surfaces and woodwork of such exterior portion shall be scrubbed and cleansed with soap and water as often as is necessary to remove dirt and grease; and

(i) adequate sanitary conveniences as prescribed, shall be provided and shall not be situated in any room or place where food is manufactured, prepared or kept and every sanitary convenience shall be so situated as to be completely cut off from any such room or place by cross ventilation.

The occupier of every business or place where food for sale is produced, handled, manufactured, prepared, packed, kept or served shall, when required in writing by the Chief Health Officer –

(a) pave any portion or the whole of the floor with impervious materials and provide proper drainage so that all liquids falling upon the floor shall be conducted to a drain inlet situated outside the building within which the floor is laid;

(b) line the walls of any portion of the premises with the material and in the manner required;

(c) provide a properly constructed and closely covered manure receptacle into which he shall cause to be placed daily all animal droppings and stable cleanings;

(d) provide adequate facilities and an adequate supply of water under pressure for washing cans, implements and tools of trade; and

(e) protect doors, windows and other openings by means of wire gauze of approved material and mesh so as to prevent the ingress of flies.

The occupier of every business or place where food for sale is produced, handled, manufactured, prepared, packed, kept or served, shall –

(a) provide a receptacle constructed of impervious material with a closely fitting cover;

(b) place all waste material and trade refuse produced upon the premises in that receptacle;

(c) ensure that the contents of that receptacle are removed at least once weekly, and in the case of fish refuse, once daily;

(d) thoroughly cleanse that receptacle on each occasion after the removal of its contents; and

(e) provide a receptacle in which food withdrawn from sale shall be immediately placed, and any food upon the premises which is not within such receptacle shall be deemed to be exposed for sale.

(1) A person shall not in or on any cart or other vehicle carry or have any food for sale or delivery for sale unless the cart or other vehicle is either –

(a) specially constructed and used for such purpose only, and so fitted and kept as to protect any food carried from contamination by dust or other means; or

(b) provided with a dust-proof and weather-proof case, cabinet, or similar contrivance for the storage of food, and which case, cabinet or contrivance is provided with a close-fitting lid or door which is kept closed during such carriage and is opened only for the purpose of handling the contents, and thereafter immediately closed; and

(c) if a motor vehicle, such conveyance is so constructed, fitted and equipped as to protect effectively any food carried therein from contamination or spoilage by dust, weather or other means and is provided with a smooth impervious interior surface which is capable of ready cleaning and is free from upholstery or any other absorbent material or furnishings.

(2) A person shall not transport any chilled or frozen food for sale or delivery for sale unless the aircraft, vehicle or vessel in which the food is being transported is equipped with suitable apparatus to maintain approved standards of hygiene and methods of temperature control.

(a) he has complied with the conditions, if any, prescribed under this Act or any other law in force in the Territory that apply to the type of food transported; and

(b) the food is kept in a fresh, frozen or chilled state or under conditions that ensure that it does not deteriorate during transportation.

A person shall not use for conveying food for sale any cart or other vehicle which is at any time used for conveying any dead body or for any other purpose which, in the opinion of an inspector, is objectionable, or have any dog or other animal upon any vehicle which is used in carriage of food for sale.

A person shall not have any food or drug for sale upon any cart or other vehicle unless his name and address, or the name and address of his employer is conspicuously and indelibly inscribed upon the exterior of the cart or other vehicle; or carry any food or drug for sale in any place, or on any round from house to house, in any can, vessel or other receptacle unless his name and address, or the name and address of his employer is conspicuously inscribed upon the exterior of the can, vessel or receptacle.

A person shall not prepare, store, keep or have food for sale in any kitchen at any hotel, boarding-house, restaurant, refreshment-room, shop or other premises where food is prepared or served to the public, unless all doors, windows and other openings to the external air in the kitchen are protected, to the satisfaction of an inspector, against flies and dust by means of self-closing wire-gauze doors and wire-gauze screens; and when, in the opinion of an inspector, the screening of any other room or place in any such premises is necessary to prevent the contamination of any food therein kept or served, the inspector may, by notice in writing, require the occupier to screen the door and window openings and any other openings to the external air in such room or place in the manner prescribed in this section for any kitchen.

A person shall not expose upon any counter, bar or other place in any hotel, boarding-house, restaurant, cafe, refreshment-room, shop or other premises where food is prepared or served to the public (whether for sale or not) any contaminable article of food unless every such article of food is protected against flies and dust by means of a glass case, proper cover, or by some other effective method approved by an inspector.

A person shall not carry or transport through any street, road or place any food for sale, or intended for sale, or delivery unless the same is protected from flies, and as far as practicable from dust.

A person shall not sell or offer to sell, or expose for sale or have in his possession for sale, any deteriorated or unsound fruit or vegetables, or any fruit or vegetable which is contaminated with any poisonous substance.

The occupier of every shop or other retail place of business shall by the provision of suitable cases, covers and lockers ensure that all contaminable food is at all times adequately protected from dust, flies, insects, vermin and animals, and shall cause all other stores upon such premises to be raised from the floor to such a height as to prevent rat-harbourage and so as to permit ready access beneath such goods for cleaning purposes.

Every person engaged in the production, manufacture, preparation, packing, storage, carriage or delivery for sale of any food or drug shall, by the provision of suitable and effective means, at all times protect every such article of food or drug and every ingredient used in the manufacture of any such article of food or drug from rats, mice, cockroaches, flies and other insects and vermin, and from any contaminating or unwholesome substance, odour or thing.

Every person who uses any room or compartment, premises or place for the production, manufacture, preparation, serving, packing, storage, carriage or delivery for sale of any food or drug shall keep or cause to be kept every such room, compartment, premises or place free from rats, mice, cockroaches, flies and all other vermin and insects.

(1) Every person packing or serving food for sale shall exercise care to avoid any unnecessary human contact with the food during the packing or serving, and for such purposes shall not –

(a) serve biscuits, unwrapped sweets or any sticky substance with the fingers but shall use a scoop or other approved implement for every such purpose;

(b) serve bacon, ham, small-goods or cooked meat with the fingers, but shall use a fork or other approved implement for every such purpose;

(e) wipe his hands upon his clothing or by any other means than with a clean towel;

(2) A copy of this section printed in type of not less than 8 points face measurement shall be conspicuously displayed in every place of business where food is sold or offered for retail sale.

A person shall not sell any vegetables, fruits, pickles, sauces, jams, conserves and similar products packed in bottles or jars, unless every such container is securely sealed by means of cork, metal or other impervious cover fastened in such a manner as to prevent leakage of contents or the access of air to the contents.

A person shall not place or have in any prize packet or other package containing confectionery, or in any article of confectionery, any metallic ornament, toy, pin or other article, substance or thing which is liable to contaminate such confectionery or any article of confectionery, or is capable of proving dangerous or deleterious in the hands of a child or any other person, or sell any such prize packet or package or any article of confectionery so contaminated or so capable of proving dangerous or deleterious.

A person shall not carry on the business of fish vendor on any premises unless such premises –

(a) have 2 doorways, one to be used as a business entrance and one as a service entrance;

(b) are so constructed as to permit of through ventilation of all parts of the premises used for keeping, storing, preparing or selling fish or for depositing offal; and

(c) are provided with sufficient sinks and an adequate supply of water under pressure to serve, to the satisfaction of an inspector, the full maximum requirements of the business.

(1) Every case, basket or other receptacle in which fish for sale is contained packed or consigned shall be thoroughly cleansed by the consignee of the fish or by some person acting on his behalf immediately the fish are removed therefrom.

(2) The consignee of any such case, basket or other receptacle which is not so cleansed shall be guilty of an offence.

(3) A person shall not use any unclean case, basket or other receptacle for containing, packing, forwarding, carrying or delivering fish for sale.

(4) Any person who packs fish in any case, basket or other receptacle which is unclean shall be guilty of an offence.

(5) A person shall not in any round from house to house carry or have on a vehicle any fish for sale unless the body of such vehicle is so constructed as to be watertight and dust-proof and has the interior surface thereof lined with smooth metal or with some other impervious smooth material approved by an inspector, and is fitted with a close-fitting door or doors in such a manner as to open outwards from the back of such vehicle. The exterior surfaces of every such vehicle shall be at all times kept well painted, and both interior and exterior surfaces thereof shall be maintained at all times in a scrupulously clean condition.

(6) A person shall not hawk or deliver fish in a basket unless such basket is clean inside and out and is provided with a proper and effective clean covering.

(7) A person shall not clean, dress or prepare fish for sale, or fry fish or potatoes for sale, or render any fat used or to be used in the preparation for sale of any article of food, in any place which is not adequate in size, properly enclosed, floored, ceiled and protected as far as practicable against flies and dust by means of wire-gauze screens attached to windows and other external openings, and unless provided to the satisfaction of an inspector with automatically closing doors of wire-gauze, and is ventilated to the satisfaction of an inspector.

(1) Where oysters or other shell-fish are exposed or prepared for sale, only clean running water shall be used in the operation of opening or dipping such oysters or shell-fish.

(2) Oysters or other shell-fish intended for sale as food shall not be kept or stored in any place or manner which may in any way affect their purity or wholesomeness.

(3) A person shall not keep for sale, or sell or offer for sale, oysters or other shell-fish which have become polluted because of packing or storing under insanitary conditions or through being placed in any unclean receptacle.

(4) A second-hand bottle or other container shall not be used to hold oysters which have been removed from the shell or other shell-fish which have been removed from the shell, unless such bottle or container has been previously sterilized by boiling or by some other means approved by the Chief Health Officer and has been provided with a new tight-fitting cap, cork or cover.

(5) A person shall not sell, or offer to sell, or have in his possession for sale, oysters or any other shell-fish taken or obtained from any insanitary or polluted bed or from any other place liable to contaminate such oysters or other shell-fish.

(6) Oysters or other shell-fish found, upon bacteriological or chemical examination to be polluted, shall be deemed to be adulterated.

(1) A person shall not sell any oysters or other shell-fish in containers, unless there is attached thereto a label in which is written in bold-faced sans-serif capital letters of not less than 8 points face measurement the following particulars:

(2) Nothing in this section shall apply to oysters or other shell-fish sold in the shell, or served for any meal, or processed and packed in hermetically sealed containers.

A person shall not use any vessel of iron, copper, brass or zinc for containing or conveying ice-cream or ices for sale unless it is coated internally with tin; or use any rusty container or any vessel containing lead or which has a cracked or broken internal surface, or any vessel in such a condition as to be likely to affect injuriously or contaminate ice-cream or ices, or any preparation or material entering into the composition thereof, or adversely influence their composition.

A person shall not employ any vessel used in the manufacture or sale of ice-cream or ices as a container for any substance other than ice-cream or ices.

(1) The owner of any place in which ice-cream or ices, or any preparation or material entering into the composition thereof, are manufactured or prepared for sale shall –

(a) cause such place to be equipped with facilities for the proper cleaning of the hands and finger-nails of operatives; and

(b) not allow or cause any urinal, closet or sanitary convenience to be located in any room in which the manufacture of ice-cream or ices, or any preparation or material entering into the preparation thereof is performed, or to be situated or kept so as to be liable to pollute the atmosphere of the room or the materials kept or used therein.

(2) Any person immediately before engaging in the mixing of the ingredients entering into the composition of ice-cream or ices, or its subsequent freezing and handling, shall thoroughly wash and brush his or her hands and finger-nails and keep them clean during the manufacture and handling of the ice-cream or ices.

Every person shall wear clean white outer garments while engaged in the manufacture of ice-cream and ices, or any preparation containing ice-cream or ices, for sale.

The owner of any shop, refreshment-room, restaurant or other premises shall cause all ice-cream and ices, kept for sale therein, to be stored in a covered container, and shall cause the container to be kept tightly closed, except during such intervals as are necessary for the introduction or removal of the contents, and shall keep every such container only in such a location and under such conditions as are approved by an inspector. The owner shall cause every disher or server for use in serving ice-cream or ices when not in actual use, to be kept in a covered receptacle containing clean water.

A person shall not manufacture or prepare any ice-cream or ices for sale or any preparation or material entering into the composition thereof, in any open or unenclosed place.

(1) A person shall not sell ice-cream from a vehicle or have any ice-cream on any vehicle under his control for the purposes of sale unless he is the holder of a valid licence issued by the Chief Health Officer to sell ice-cream from a vehicle.

(2) Any person who proposes to sell ice-cream from a vehicle shall make written application to the Chief Health Officer and shall state the place or places of manufacture and storage of the ice-cream and the place and method of cleansing of all utensils used in the business.

(3) The Chief Health Officer may withhold, refuse or grant any application for the licence, and may at any time by written notice cancel any existing licence.

(4) The licence shall be valid only in the calendar year in which it is issued, and shall be in the following form:

This licence to sell ice-cream from a vehicle is issued to under and subject to the provisions of the Food and Drugs Act and the Regulations thereunder until 31 December, 19 , unless sooner cancelled in accordance with the provisions of that Act.

A person engaged in the manufacture, sale or delivery of ice-cream or of ices, or any preparation or material entering into the composition thereof, shall not suffer his hands or any parts of his person to come in contact with any ice-cream, ices, preparation or material.

A person shall not manufacture, store or deposit any ice-cream or ices for sale, or any preparation or material entering into the composition thereof, in any vessel or receptacle which is not clean; and every person engaged in the manufacture or sale of ice-cream or ices, or any preparation or material entering into the composition thereof, shall at all times maintain every vessel and utensil used for containing or coming into contact therewith in a clean condition, and shall at all times protect the contents thereof from contamination.

A person shall not sell any ice-cream or ices which, after having been once frozen, have run down or melted, and which have again been frozen.

A person shall not suffer the interior of any vessel used for containing ice-cream or ices for sale, or any preparation or material entering into the composition thereof, to be exposed to flies or dust.

Every person engaged in the manufacture, storage, transportation, sale or distribution of ice-cream or ices, immediately on the occurrence of any case of infectious disease, either in himself or in his family or amongst his employees, or within the building or premises where ice-cream or ices are manufactured, stored, sold or distributed, shall notify the Chief Health Officer, and shall forthwith suspend the sale and distribution of ice-cream and ices until authorized to resume by the Chief Health Officer.

Any vessel which has been handled by any person suffering from any infectious disease shall not be used to hold or convey ice-cream or ices until after it has been thoroughly sterilized.

A person shall not sell, or have in his possession for sale, any ice-cream or ices which have been made outside the Territory unless the person or firm which has manufactured the ice-cream or ices has been approved by the Chief Health Officer.

The owner of any refrigerating works or cold store which is at any time used for the storage of food for sale shall –

(a) maintain the entire premises at all times in a clean and sanitary condition; and

(b) at least twice in each year cause every chamber upon the premises to be thoroughly cleansed, and the interior walls to be limewashed, or otherwise treated to the satisfaction of the Chief Health Officer.

The owner of any refrigerating works or cold store which is at any time used for the storage of food for sale shall –

(a) not permit any uncased article of food to be stored upon the floor of any chamber;

(b) not receive any mouldy or unsound fish, meat, offal or other unsound or offensive material on the premises to be stored, nor shall he permit any unsound fish, meat, offal or offensive material to be or to remain in any chamber;

(ba) not permit any meat for human consumption to be stored with unprocessed pet meat;

(ii) that it is constructed of hardwood, firm and tight, or other approved material;

(d) cause the name of the tenant and the number of every rented chamber to be affixed and maintained upon or over the door of every such chamber in legible characters so as to be easily seen;

(e) keep upon the premises duplicate keys of every chamber, and shall, upon demand by an inspector, permit such inspector to have ready access to any chamber;

(f) provide in every chamber means of artificial light, so as to permit efficient inspection thereof and of the contents; and

(g) not permit to be in any chamber in which milk is stored any article that is likely to impart an odour to such milk, or otherwise adversely affect its quality or taste.

(1) A person who stores or keeps, or pemits the storage or keeping of food for sale for human consumption shall at all times store or keep that food in a separate compartment from pet meat.

(2) Where an Inspector believes on reasonable grounds that, at or on any place, food for sale for human consumption is not stored and kept in a separate compartment from pet meat, he may, in accordance with section 21(1)(a) enter that place and instruct the person who stores or keeps the food relating to its storage or keeping, and the person shall carry out the instructions of the Inspector within the time specified in the instructions.

The tenant or occupier of every chamber in a refrigerating works or cold store shall –

(b) not store or suffer to be stored upon the floor of any chamber any uncased article of food;

(c) furnish and equip his chamber with shelves or racks sufficient to enable him to keep every article of food stored or held therein above the floor. Every such rack or shelf shall be made and fitted so as to be capable of ready removal for cleansing purposes;

(d) not keep nor have in any chamber rented by him any unsound or mouldy food, nor any offensive material, or unclean receptacle, apparatus, appliance or thing;

(da) no keep or have in a chamber rented by him for the storage of meat for human consumption any unprocessed pet meat;

(e) not store milk in any chamber containing any article likely to impart an odour to such milk, or otherwise adversely to affect its quality or taste, or have any water in any chamber in which milk is kept;

(f) not use printed paper for containing, covering or wrapping any article of food stored in the chamber; and

(g) within the time specified in that behalf, carry out the written instructions of an inspector relating to the upkeep of the chamber, or any food therein stored, or to the methods of handling, keeping or carrying any such food.

Every person transporting or carrying carcasses or portions of carcasses of meat into or out of refrigerating works and cold storage premises shall provide and use a shield of clean approved materials to prevent any meat so carried from coming into contact with his person or clothing.

A person suffering from any infectious disease, skin affection, pulmonary tuberculosis, chronic cough, open sore or venereal disease, or who wears unclean or medicated bandages, shall not be employed in handling ice for sale, or any apparatus or utensil used in the sale, preparation or distribution of ice.

(b) not have upon his premises or upon any vehicle any ice for sale which is not made from pure water free from solid impurities or which is not of pure white colour free from any other colour and from any impurities;

(c) not carry or deliver any ice for sale, or cause or suffer any such ice to be carried or delivered, in any receptacle or container which is not clean;

(d) not wrap ice for sale in printed or written paper or in paper that is not clean;

(e) not break ice for sale upon a cart or cart-wheel, or by any other means than with a clean instrument kept solely for the purpose;

(f) not place ice for sale upon the ground or pavement, whether or not a cloth or bag is placed beneath the ice; and

(g) not carry or deliver ice for sale in or on his bare hand, or so that the ice comes in contact with his person or clothing.

Every person engaged in the business of selling ice shall provide every employee with a tray or carrier of approved material or with metal tongs for the purpose of carrying ice between the delivery cart and premises of the purchaser, and the tray, tongs or carrier shall be maintained by the employee at all times in a clean, serviceable and wholesome condition.

A person shall not sell or offer for sale ice which has been in contact with any other food substance.

Any ice subjected or exposed to contamination in contravention of the provisions of this Act, or conveyed or delivered contrary to the prescribed conditions, shall be deemed to be adulterated.

(1) Every vehicle used in the transportation or delivery of ice for sale shall be so constructed and equipped as to protect the contents from contamination by dust or otherwise, and shall be so maintained as to be at all times free from lumber and in a clean, wholesome condition.

(2) A person shall not carry ice for sale upon the exterior portion of any vehicle unless the exterior portion is enclosed in a manner to the satisfaction of an inspector.

The owner of any premises used for the manufacture or preparation for sale of aerated waters, syrups and cordials, summer or temperance drinks or similar beverages shall comply with the following conditions:

(a) all tanks (or other receptacles) used for the storage of water which is intended to be used in the manufacture of cordials or beverages, shall be provided with impervious tightly fitting covers, which shall always be kept tightly closed; the tanks or other receptacles shall be emptied and cleansed throughout at least twice in every 12 months, and oftener if directed in writing by an inspector;

(b) filtering apparatus shall be of a type approved by the Chief Health Officer, and shall be maintained at all times in good order and condition and in a state of efficient action, and the filtering medium shall be cleansed and boiled at least once weekly;

(c) between each time of filling, bottles shall be soaked in a trough of water, thoroughly cleansed out with a brush, well rinsed by being placed in a vertical position over a jet of water, inspected and drained after rinsing and before filling;

(d) if bottles are not filled within 24 hours after being cleansed, they shall be kept mouth downwards until used;

(e) the water in which bottles are soaked before they are brush-cleaned shall be changed at least once daily;

(f) any pipe made wholly or in part of lead shall not be used for conveying any part of the materials, either gaseous or liquid, which enter into the composition of cordials or beverages for sale;

(g) syrups shall be stored only in well-made impervious receptacles with impervious tight fitting covers;

(h) all receptacles in which syrups are stored shall be cleansed thoroughly with hot water and soda, or with superheated steam, at least once a fortnight;

(i) employees shall be cleanly in their habits, person and clothing, and shall not smoke or spit within the factory premises; and

(j) sanitary accommodation to the satisfaction of the Chief Health Officer and adequate ablutionary accommodation (for both sexes if necessary) shall be provided for the use of employees; and the sanitary conveniences shall be maintained at all times in a condition to the satisfaction of the inspector.

The owner of every soda fountain from which beverages are offered for sale, or in which materials entering into the composition of food for sale are kept, stored or prepared for sale, shall ensure that the following conditions are observed:

(a) the soda fountain shall be constructed of durable non-absorbent material, and shall be so placed and fitted that every part of the interior and exterior thereof is readily accessible for cleaning purposes;

(b) the apparatus body shall be durable, sound and free from leaks, and the body and the cabinets shall be kept at all times in a scrupulously clean and sanitary condition;

(c) every waste pipe from a soda fountain shall be of such size as to permit of a free flow and shall be so placed as to allow of ready cleansing. It shall be kept at all times sweet and clean and free from any accumulation of grease or other offensive matter. A waste or overflow pipe from a soda fountain shall not be connected directly with a drain or sewer, but every such waste pipe shall be discharged over a trapped gully, or over an open channel leading to a trapped gully, and, in addition, shall itself be trapped immediately beneath the apparatus;

(d) any syrup-pump, tap, faucet, tank, fountain, carbonator or vessel or any pipe or conduit used in connexion with a soda fountain shall not be composed either wholly or in part of lead, or of other metal or metallic substance which, in the opinion of the Chief Health Officer, is unwholesome, dangerous or detrimental to health. All metal parts shall be kept at all times in a satisfactory condition, and when any such part becomes worn or acted upon by acids, it shall be immediately withdrawn from use until replated or renewed;

(e) every syrup container, bowl, jar, bottle and other receptacle used in connexion with the soda fountain shall be kept clean, and shall be thoroughly washed before being refilled;

(g) drainage boards, sinks and shelves, on which glasses are placed, shall be kept clean;

(h) adequate means of washing glassware and silverware shall be provided and used, and at fountains from which ice-cream or ices are served, the washing shall be performed with hot water, and a final rinsing with clean cold water shall ensue;

(i) dishers or servers for serving ice-cream or ices shall be made of an approved metal or metallic substance free from lead, shall be sanitary in construction, with parts so fixed as to be readily removable for cleansing. Dishers or servers for serving ice-cream or ices when not in actual use shall be kept in a bowl of clean water;

(j) every jar, syrup container, bowl, packer, and all drinking straws, and other articles used in connexion with the dispensing of food from a soda fountain shall be covered at all times in such a manner as to protect effectively them and their contents from contamination by flies or dust;

(k) at every soda fountain from which any imitation cordial or syrup is dispensed, or from which any cordial or syrup containing any artificial colour or any preservative is issued for sale, a placard bearing the following particulars shall be prominently displayed in a position approved by an inspector:

"The syrups [or, alternatively, such syrups as are individually named] used at this soda fountain are imitation, preservatized with [here insert the name of the preservative and the proportion in which it is present]".

"The syrups used at this soda fountain are artificially coloured", or, as the case requires.

Such particulars shall be printed on the placard in bold-faced sans-serif capital type of not less than 30 points face-measurement in such colours as to afford a distinct colour contrast to the ground of the placard;

(l) every glass-towel, dish-cloth or other article used for the like purpose, in use at soda fountains shall be clean and wholesome;

(m) every soda fountain dispenser or operator shall when on duty at such fountain wear a clean white coat or other white outer garment, and shall at all times maintain his person and clothing in a cleanly state;

(n) beverages containing any drug specified by the Minister by notice in the Gazette, shall not be dispensed from any soda fountain unless by a registered pharmaceutical chemist; and packages containing any such drug shall not be kept upon the fountain or upon the shelf, counter or other place used in connexion therewith unless a registered pharmacist is in charge of the apparatus; and

(o) the keeper of a soda fountain shall provide and keep a sufficient number of impervious receptacles, provided with close-fitting covers, for the reception of waste material and scraps, and such waste material and scraps shall not be placed elsewhere than in the receptacles, which shall be kept at all times in a sanitary condition and covered when not in actual use.

(1) A person shall not use or cause or suffer to be used as a bakehouse any premises unless –

(a) the premises are ceiled and lined and have an impermeable floor of concrete cement rendered to a smooth surface, close-jointed hardwood or other approved non-absorbent material which can be flushed and washed clean with water;

(b) the ceiling of the premises is constructed of smooth metal or wood and is oil-painted or kept well limewashed;

(c) the interior surfaces of the walls of the premises are either painted with oil paint kept in cleanly condition or limewashed;

(d) every room in which dough is mixed, or in which dough, bread, cakes or pastry is kept or handled, is well ventilated and lighted;

(e) the walls, ceilings and floors are kept in a thoroughly clean and wholesome condition; and

(f) the doors and windows are protected, to the satisfaction of an inspector, against flies and dust by means of self-closing wire-gauze doors and wire-gauze screens.

(2) Stables shall not be situated in close proximity to any premises used as a bakehouse.

(a) cause every pan, trough, machine, apparatus, appliance, receptacle, utensil and thing used in the bakehouse to be kept in a thoroughly clean and wholesome condition;

(b) cause every person working in the bakehouse to wear a white apron and clean and sufficient clothing, and shall dress himself accordingly if he takes any part in any operation conducted therein or connected therewith;

(c) cause flour stocks to be stored only in dry well-ventilated places and shall cause the same and all other bakehouse stores to be kept in such a place and manner as to ensure their protection from dust, rats, mice and other vermin, and any other cause liable to cause spoilage or deterioration, of any such goods;

(d) cause each barrel, box, tub, cask, trough, machine, appliance, apparatus and utensil containing any food or food material to be kept clean and to be closely covered when not in actual use;

(e) cause every trough to be scraped and cleaned after each occasion of use, and shall not allow dough scraps or particles to remain therein or thereon;

(f) cause every floor to be kept clean and free from caked flour and grease, and for such purpose shall have every floor regularly scraped and scrubbed;

(g) provide for the use of employees an adequately equipped wash-room and a plentiful supply of potable water, soap and clean towels, and a place in which employees can change and keep their clothing;

(h) provide adequate sanitary accommodation for the use of employees, and, where females are employed, separate sanitary accommodation for the use of such females, in a location and manner satisfactory to an inspector;

(i) cause every wash-room, change-room and sanitary convenience to be kept in a clean and sanitary condition and free from refuse or lumber;

(j) not permit any horse or poultry to be at large in any yard of or on any bakehouse premises, and on any such premises on which a horse is stabled he shall provide a properly-constructed and covered manure bin into which he shall cause to be placed daily all animal droppings;

(k) cause such manure bin to be kept covered when not in actual use, and to be emptied of its contents at least once weekly; and

(l) ensure that every vehicle used in the carriage or delivery of bread for sale shall be kept at all times clean and free from refuse material of any kind.

(a) place any bread, cakes, pastry or any other food upon the ground or floor, or upon any place other than a bench, shelf or rack well above the ground or floor and kept for the purpose;

(b) sit or lie on any table, bench or trough, or upon any other place on which food is prepared, handled or kept;

(c) spit, smoke or chew tobacco in any bakehouse when any work connected with the preparation of food for sale is being performed;

(d) use any bakehouse for any purpose other than that connected strictly with the preparation and baking of food;

(e) keep or have in or suffer or permit to be in any bakehouse any dog, bird or poultry;

(f) use any kerosene, petrol or other tin receptacle of a like description for the purpose of holding yeast;

(g) use or suffer to be used for covering dough or for working dough upon, any bag or sack, or material other than that approved by the Chief Health Officer and which material is kept solely for the purpose and is maintained at all times in a clean condition; or

(h) fail to observe due cleanliness of person or habits, or neglect to wash his hands before commencing work or before resuming work after visiting the sanitary convenience or urinal, or neglect to use or misuse any convenience provided by his employer for the protection of food from contamination.

(1) The owner of any hotel, cafe, restaurant, cooked meat shop or refreshment room shall not have in his possession any unsound food or use or suffer to be used in the preparation of food for sale any tinned milk, fruit, jam, fish or other packed article which is "blown" or which upon opening shows any signs of decomposition, fermentation or alteration in appearance of contents.

(2) The owner of any such premises shall not use any stale eggs or rancid butter as, or in preparation of, food.

The owner of any hotel, cafe, restaurant, cooked meat shop or refreshment room shall –

(a) cause every milk jug, cream jug and every sugar basin used or had on any table or other place to have its contents protected against flies and dust by means of an approved effective covering, and every such receptacle shall be so constructed as to be capable of ready cleansing, and shall be free from crevices and recesses which are incapable of ready access for cleansing purposes;

(b) cause every ice-chest, meat-safe and food cupboard upon his premises to be kept at all times in a clean and wholesome condition, and shall not have therein at any time any unsound, stale or mouldy articles of food or any offensive substance of any kind whatsoever; nor shall he store any milk in any ice-chest, meat-safe or other receptacle which contains any substance likely to impart an odour to, or contaminate, such milk;

(c) provide an adequate supply of potable water for use in the preparation of food and he shall not use any water other than potable water for such purposes or for supply to the public for drinking;

(d) not use or suffer to be used as a sleeping-room any room which is in direct communication with any dining-room, kitchen or other place used for the preparation, serving or storage of food for sale; nor shall he have or permit or suffer any bed or bedding to be in any such room;

(e) provide proper drainage facilities, and shall cause all means of drainage upon, or in connexion with, his premises to be maintained at all times in good repair and efficient action, and shall cause all sink wastes to be trapped and to discharge over trapped gullies or over a channel leading to a gully in the open air; nor shall he have or permit any direct opening to a drain or drain inlet to be within a kitchen or any other place in which food for sale is prepared or stored;

(f) provide sanitary accommodation to the satisfaction of the Chief Health Officer, and shall cause every sanitary convenience upon or in connexion with his premises to be kept at all times in a scrupulously clean condition and every earth-closet provided with a plentiful supply of approved covering material;

(g) provide sufficient means of ablution with clean towels and soap for the use of employees, and he shall be responsible for employees handling food washing their hands before commencing work and after visiting a sanitary convenience;

(h) cause all pots, pans, kettles and other utensils used in or about the kitchen to be kept in a clean and sanitary condition; and

(i) not serve or permit to be served any food product in any container bearing the label of a brand of a similar or like product other than that of the product so served.

Employees at hotels, boarding and lodging houses, restaurants, eating-houses, cooked meat shops and refreshment rooms shall be cleanly in their habits, person and clothing, and shall not smoke nor spit within any dining-room, kitchen or other place appurtenant thereto.

(1) A filter, other than a filter of a type approved by the Chief Health Officer, shall not be used for treating water used in the preparation of any article of food or for supply to the public for use with beverages or for ordinary drinking purposes at any premises referred to in section 92.

(2) Where a filter is in use, the keeper of any such premises shall maintain the filter at all times in a clean and sanitary condition and in a state of good repair and efficient action.

Any person having any venereal disease or any infectious disease shall not be employed, or permitted to work, in any kitchen or pantry, or take any part in any work connected directly or indirectly with the food supply in any hotel, cafe, restaurant, cooked meat shop or refreshment room until he presents a certificate signed by a registered medical practitioner showing that there is no longer any danger of his transmitting the disease and that his clothing has been properly disinfected.

A person shall not use in any hotel, cafe, restaurant, cooked meat shop or refreshment room any glassware, earthenware, chinaware or other receptacle that is cracked, broken, chipped or otherwise unsound, or that is so impaired as to preclude the possibility of thorough cleansing, or serve any food to any person in any such place on or in any glassware, earthenware, china or other receptacle which is cracked, chipped or otherwise unsound, or that is so impaired as to preclude the possibility of thorough cleansing.

(1) Whenever in the opinion of the Chief Health Officer the provision of mechanical glass-washing apparatus is necessary in any hotel bar he may, by notice in writing, require the owner to provide and install such apparatus as he directs and within the time specified in the notice:

Provided that a glass-washing apparatus shall not be approved unless it is capable of washing glasses inside and out in the one operation.

(2) Any owner who installs any glass-washing apparatus in pursuance of this section shall cause it to be used for the intended purposes and at all times maintained in a clean condition and in efficient action and repair.

(3) Any owner who fails to comply with the provisions of this section shall be guilty of an offence.

(1) An owner shall not, in any premises or place in which or where drinks of any kind are sold, use or have any glass-washing apparatus other than that of a kind approved by the Chief Health Officer.

(2) An owner shall not, in any such premises or place, use or have any glass-washing apparatus which includes a brush or which is not capable of completely washing a glass inside and out (including the rim) in the one operation when the water supply is turned on by the operator.

Food that has been served to any person on any premises where meals to the public are served and then returned to the kitchen or serving-room shall not again be used for or served to any other person.

A cellar, basement or underground room shall not, except with the consent in writing of the Chief Health Officer, be used for the manufacture, preparation or serving of food for sale.

(1) All appliances, conveniences and means provided for the protection of food from contamination upon any premises, wherein or whereon any article of food for sale is served, prepared, manufactured, stored or handled, shall be constantly and properly used and applied by the owner, and any person by whose act, default, neglect or omission such food is exposed to contamination shall be guilty of an offence.

(2) Any person wilfully damaging, destroying, removing or rendering inoperative any appliance, convenience or means provided by the owner for the protection of food from contamination shall be guilty of an offence.

A cook or other person serving meat or any other food for sale at any hotel, refreshment room, restaurant, boarding-house or other place where foods are sold or prepared for sale, shall not portion out food of any kind on to plates or dishes with his fingers but shall use a clean fork, spoon or other instrument.

All jars, glasses, syrup containers, decanters, bottles, bowls, drinking-straws and every other article used in connexion with the dispensing of food shall be kept covered at all times in such a manner as to protect same and contents effectively from contamination by flies and dust.

The owner of any premises or place in which or on which meals of any description are served to the public, shall cause every article of crockery, tableware and silverware to be thoroughly cleansed with hot water and soda or soap immediately after each occasion of use, and an owner shall not permit any such article to be placed upon any table or before any customer unless it is thoroughly clean and is free from any crack, chip or other objectionable defect.

(1) The owner of any premises or place in which or on which meals of any kind are served to the public shall cause all table-linen to be kept clean, and shall not allow to be placed upon any table or before any customer any table napkin or serviette which is unclean or which has been used by any other person unless it has been washed and laundered since the last occasion of use.

(2) Any such owner shall cause every cruet to be kept clean and its condiment containers to be stoppered and properly closed, and shall cause the contents of every condiment container to be sound and fresh, and so that such contents comply with the standard prescribed by any law in force in the Territory for any such article, or with any name applied thereto.

In every place where water under pressure is available, or can reasonably be made available, the owner of premises on which beverages of any kind are sold shall provide in the shop, or any other place in which beverages are sold or dispensed, a sink fitted under a tap connected with the water supply, in which the washing of glasses used to contain or serve such beverages shall be performed immediately after each occasion of use with clean running water. Every such wash-sink shall be constructed and located to the satisfaction of the inspector, and shall be maintained at all times in a clean and wholesome condition. The sink waste pipe shall be trapped immediately beneath the fitting, and shall discharge over a trapped gully or open drain leading to a trapped gully or other place approved by an inspector not being in or under any building.

(1) Any person who serves any beverage for sale in a glass which has not been thoroughly washed in clean running water since the last occasion of use of the glass shall be guilty of an offence.

(2) In every place in which beverages of any kind are sold, and where water under pressure is not available, or cannot reasonably be made available, such means of cleansing glasses immediately after each occasion of use shall be provided by the owner as will ensure cleanliness and freedom from contamination, and a glass shall not be furnished by the owner for use by any customer unless it has been previously washed and rinsed in clean water; and when any special means of cleansing glasses is required by an inspector, the owner shall comply with every notice served upon him in writing by the inspector requiring him to adopt such special means, and within the time stated in the notice.

A person shall not use any tap in the drawing of any food for sale unless the tap is constructed –

(a) in such a manner as to be detachable from the vessel, utensil or conveyor to which it is attached;

(c) so that the whole of the interior surface is perfectly smooth and free from undulations and irregularities and is coated with tin throughout its full length; and

(d) so that the tap-plug consists of solid metal, and that every aperture through it is cut straight and is free from recesses.

Every person carrying on the business of a chemist shall cause the following provisions to be observed:

(a) the entire premises wherein his business is conducted shall be kept at all times in a clean and sanitary condition;

(b) the counters, shelves, drawers and bins in the premises shall be free from dust and dirt;

(d) prescription bottles used in the business shall be washed and cleaned before filling;

(f) back shop and basements of the premises shall be kept clean, well-ventilated and lighted, and free of lumber and refuse;

(g) store-rooms used in the business shall be dry, free from litter, and suitable for the storage of medical preparations;

(h) where a filter is in use at a chemist's shop for filtering water, the filter shall be of a type approved by the Chief Health Officer, and a filter other than a type approved by the Chief Health Officer shall not be used upon the premises; and

(i) where a soda fountain is operated in a chemist's shop, the provisions of section 86 shall apply to its operation.

(1) Any person who sells, or in any manner disposes of, delivers or supplies to any other person, or deals or traffics in, or has in his possession, order or disposition, any of the liquor known as "absinthe", shall be liable to a penalty for a first offence of not more than $500, and for a second or any subsequent offence of not more than $1,000.

(2) In this section, without restricting the meaning of the word "possession", absinthe shall be deemed to be in the possession of any person so long as it remains or is upon any land or premises occupied by him, or is enjoyed or controlled by him in any place whatever, unless it is shown that he had no knowledge thereof.

1. The Food (Interim Provisions) Regulations in force under the Food and Drugs Ordinance 1936 and amendments made by other legislation, the details of which are specified in the following table:

Ordinance, Act	Number and year	Date notified in Gazette	Date of commencement
Food and Drugs Ordinance 1936	No. 13, 1936	22 Oct 1936	1 Dec 1936
		Date of assent by Administrator
Food and Drugs Ordinance 1954	No. 19, 1954	8 Dec 1954	9 Feb 1955
Food and Drugs Ordinance 1957	No. 6, 1957	12 Apr 1957	12 Apr 1957
Food and Drugs Ordinance 1959	No. 17, 1959	26 June 1959	26 June 1959
Administrator's Council Ordinance 1959	No. 22, 1959	7 July 1959	28 Apr 1960
Food and Drugs Ordinance 1968	No. 5, 1968	20 Mar 1968	20 Mar 1968
Food and Drugs Ordinance 1969	No. 52, 1969	10 Dec 1969	10 Dec 1969
Ordinances Revision Ordinance 1973 as amended (a)	No. 87, 1973 No. 34, 1974 No. 69, 1974 No. 27, 1976	11 Dec 1973 26 Aug 1974 24 Oct 1974 28 June 1976	11 Dec 1973, but see s. 12(2); 11 Dec 1973, but see s. 3(2); 11 Dec 1973, but see s. 3; ss 1, 2 and 6: 28 Jun 1976, but see s. 6(2); ss 3 and 4: 11 Dec 1973; s. 5: 24 Oct 1974

Statute Law Revision Act 1978	No. 95, 1978	5 Sept 1978	5 Sept 1978
Transfer of Powers (Health) Act 1978	No. 122, 1978	21 Dec 1978	1 Jan 1979, but see s. 3
Food and Drugs Act 1979	No. 44, 1979	27 Apr 1979	21 Mar 1980
Statute Law Revision Act (No. 2) 1979	No. 128, 1979	15 Oct 1979	15 Oct 1979
Food and Drugs Amendment Act 1981	No. 106, 1981	21 Dec 1981	1 May 1982
Food and Drugs Amendment Act (No. 2) 1982	No. 5, 1982	23 Feb 1982	23 Feb 1982
Statute Law Revision Act (No. 2) 1982	No. 54, 1982	8 Oct 1982	8 Oct 1982
Criminal Law (Regulatory Offences) Act 1983	No. 68, 1983	28 Nov 1983	1 Jan 1984
Food and Drugs Amendment Act 1983	No. 73, 1983	28 Nov 1983	1 June 1984
Food Act 1986 (b)	No. 45, 1986	21 Oct 1986	1 June 1988
Statute Law Revision Act 1997	No. 17, 1997	11 Apr 1997	1 May 1997

(a) General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Ordinances Revision Ordinance 1973 (as amended) to the following provisions: Ss 3, 5, 6, 12, 13, 14, 16, 21, 23, 29, 30, 41, 54, 57, 60, 67, 76, 85, 86, 93, 108, 109 and 111.

(b) The Food and Drugs Act was repealed by section 3 of the Food Act 1986. However section 57 of that Act provides as follows:

"(1) In this section, 'repealed laws' means the Food and Drugs Act, the Food and Drugs Regulations and the Food Standards Act as in force immediately before the commencement of this Act.

"(2) Notwithstandin the repeal of the Food and Drugs Act by section 3, the following provisions of that Act shall continue in force as if they were regulations made under this Act, shall be construed as if sections and subsections were regulations and subregulations and may be amended by regulations made under this Act accordingly:

"(3) The Regulations referred to in subsection (2) may be cited as the Food (Interim Provisions) Regulations.

"(4) A person who, immediately before the commencement of this Act was an authorised officer or an analyst under the repealed laws is an authorised officer or analyst respectively under this Act.

"(5) The requirement in section 13(3) relating to the registration of certain food vending machines shall not apply to a person servicing, selling or permitting the sale of food by means of a food vending machine as at the commencement of this Act until the expiry of the period of 6 months after that commencement.".

8. Repealed by No. 45, 1986, s. 53
9. Amended by No. 22, 1959, s. 6; No. 122, 1978, s. 27

19. Amended by No. 122, 1978, s. 28; No. 17, 1997, s. 18
20. Amended by No. 44, 1979, s. 5; No. 106, 1981, s. 5

21A. Inserted by No. 73, 1983, s. 6; repealed by No. 45, 1986, s. 53
23. Amended by No. 17, 1997, s. 18
27. Amended by No. 17, 1997, s. 18
30. Substituted by No. 19, 1954, s. 3
32. Amended by No. 73, 1983, s. 7; No. 17, 1997, s. 18
42. Amended by No. 17, 1997, s. 18
44. Amended by No. 73, 1983, s. 8
44A. Inserted by No. 73, 1983, s. 9
59. Amended by No. 17, 1997, s. 18
67. Amended by No. 106, 1981, s. 5; No. 17, 1997, s. 18
72. Amended by No. 17, 1997, s. 18
74. Amended by No. 17, 1997, s. 18
75. Amended by No. 17, 1997, s. 18
76. Amended by No. 73, 1983, s. 10
76A. Inserted by No. 73, 1983, s. 11
77. Amended by No. 73, 1983, s. 12
78. Amended by No. 106, 1981, s. 5
83. Amended by No. 106, 1981, s. 5
85. Amended by No. 17, 1997, s. 18
86. Amended by No. 122, 1978, s. 28; No. 17, 1997, s. 18
89. Amended by No. 17, 1997, s. 18
91. Amended by No. 17, 1997, s. 18
93. Amended by No. 17, 1997, s. 18
96. Amended by No. 17, 1997, s. 18
97. Amended by No. 17, 1997, s. 18
99. Amended by No. 17, 1997, s. 18
108. Amended by No. 17, 1997, s. 18

Northern Territory Repealed Regulations

FOOD (INTERIM PROVISIONS) REGULATIONS