The Hygiene of Food (Amendment) Regulations, 2004

L.N. 105 of 2004

FOOD SAFETY ACT

(CAP. 449)

The Hygiene of Food (Amendment) Regulations, 2004

IN exercise of the powers conferred by article 10 of the Food Safety

Act, the Minister of Health has made the following regulations>-

The title of these regulations is the Hygiene of Foods

(Amendment) Regulations, 2004, and they shall be read and construed

as one with the Hygiene of Food Regulations, 2002, hereinafter referred

to as “the principal regulations”.

The following shall be added to regulation 3 of the principal

regulations immediately after the definition ‘sale’>-

“ “wholesome food” means food which is fit for human

consumption as far as hygiene is concerned.”

For regulation 4(3) of the principal regulations there shall be

substituted the following>-

“ (3) “If, in the opinion of the health authority, failure

to comply with these regulations may result in risks to the

safety or wholesomeness of food, it shall take all the

appropriate measures to prevent or minimize such risks,

including the withdrawal of the food or the closure of all or

part of a food business for such period as may be required to

secure compliance with the provisions of these regulations.”.

(1) For regulation 6(2) of the principal regulations there

shall be substituted the following>-

“ (2) The proprietor shall also adopt such appropriate

working methods as will ensure the safety of the food. For

such purpose, compliance with any guide -

(i) published by the Food Safety Commission in

terms of paragraph (i) of subarticle (1) of article 7 of the

Act, or

(ii) approved and recognized by the Food Safety

Commission, shall be deemed, to the extent provided in

the guide, to constitute appropriate working methods.”.

(2). Immediately after regulation 6(2) of the principal

regulations, there shall be added the following new sub-regulations >-

“ (3) Where the guides referred to in regulation 6(2)(ii)

are developed, they shall be developed as follows>

(a) by food business sectors and representatives

of other interested parties, such as appropriate authorities

and consumer groups,

(b) in consultation with interests substantially

affected, including the Food Safety Commission,

(c) where appropriate, having regard to the

Recommended International Code of Practice, General

Principles of Food Hygiene of the Codex Alimentarius.

(4) The Food Safety Commission, prior to approving

and recognizing any guide referred to in regulation 6(2)(ii),

shall assess it with a view to determining the extent to which

it may be presumed to comply with regulation 7.”.

For paragraph 4 of Part II of the Schedule to the principal Amends

the Schedule to the

regulations there shall be substituted the following>-

principal regulations

“4. Windows and other openings must be constructed

to prevent the accumulation of dirt. Those which can be

opened to the outside environment must be fitted with insect-

proof screens which can be easily removed for cleaning< where

open windows would result in contamination of food,

windows must remain closed and fixed during production>

Provided that the health authority may authorise the use

of other insect control mechanisms in lieu of the requirement

for an insect-proof screen.”.

For subparagraph (c) of paragraph 2 of Part V of the Schedule Amends

the Schedule to the

to the principal regulations there shall be substituted the following>- principal regulations

“(c) with the exception of non-returnable containers

and packaging, be so constructed, be of such materials and

be kept in such good order, repair and condition as to enable

them to be kept thoroughly cleaned and, where necessary,

disinfected, sufficient for the purposes intended<”.

The following paragraph shall be added to Part IX of the

Schedule to the principal regulations>-

Hazardous and/or inedible substances, including

“Adequate

labelling

animal feedstuffs, shall be adequately labelled and stored in

separate and secure containers.”.

8. The following shall be added immediately after Part IX as

Part X of the Schedule to the principal regulations>-

“PART X

Training

Food business operators shall ensure that food handlers

are supervised and instructed and/or trained in food hygiene

matters commensurate with their work activity.”.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press