Sale of Food (Eating Houses) Regulations

No. 4 of 1969

Compilation No. 1

Compilation date:   29 September 2018

Includes amendments up to: Norfolk Island Continued Laws Ordinance 2015
(No. 2, 2015)

SALE OF FOOD (EATING HOUSES) REGULATIONS

TABLE OF PROVISIONS

Section

 1. Citation

 2. Interpretation

 3. Sleeping in an eating house

 4. Refrigeration

 5. Disposal of unwholesome food and other wastes

 6. Re-serving of food

 7. Utensils to be kept clean

 8. Persons in eating houses

 9. Animals not to be in eating houses

 10. Eating house to be kept clean

 11. Handling of food

Sale of Food (Eating Houses) Regulations

Citation

 1.  These regulations may be cited as the Sale of Food (Eating Houses) Regulations.

Interpretation

 2. (1) In these regulations  —

“Inspector” means a person appointed by the Chief Executive Officer to be an inspector under section 8 of the Sale of Food Act 1950;

“proprietor”, in relation to an eating house, means  —

(a) in the case of an eating house that is a tourist accommodation house within the meaning of the Tourist Accommodation Act 1984 - the person who conducts the tourist accommodation house; or

(b) in any other case – the holder of a licence by virtue of which he is entitled to carry on the business of that eating house;

“registered medical practitioner” has the same meaning as in the Health Practitioners Act 1983 (NI).

“storeroom”, in relation to an eating house, means a part of the eating house where food to be used in meals to be served at the eating house is stored.

  (2) For the purposes of these regulations, food shall, in the absence of proof to the contrary, be deemed to be food to be used in meals to be served at an eating house if  —

(a) it is in, or in the vicinity of, the eating house; and

(b) it is apparently under the control of the proprietor of, or a person working at, the eating house.

Sleeping in an eating house

 3. The proprietor of an eating house shall not use or permit to be used as a sleeping place a kitchen, dining room, or storeroom of the eating house or a room with a door leading to a kitchen, dining room or storeroom of the eating house.

Refrigeration

 4. The proprietor of an eating house shall maintain in a clean and hygienic condition all refrigerators, cold storage chambers and other places for the cold storage of food that is to be used at the eating house.

Disposal of unwholesome food and other wastes

 5. (1) The proprietor of an eating house shall not use or permit to be used in the eating house food that is, or appears to be, unwholesome or contaminated.

  (2) The proprietor of an eating house shall cause all unwholesome or contaminated food or waste material in the eating house that is intended to be removed for use as food for animals to be placed in a covered, clean and disinfected receptacle of a kind approved for the purpose by an Inspector.

  (3) The proprietor of an eating house shall destroy or place in a garbage receptacle any unwholesome or contaminated food or waste material in the eating house, other than food or waste material that is intended to be removed for use as food for animals.

Re-serving of food

 6. The proprietor of an eating house shall not serve or permit to be served to a person in the eating house any food that has been served to any other person and returned to a kitchen or storeroom of the eating house.

Utensils to be kept clean

 7. (1) The proprietor of an eating house shall cause all glassware, crockery, cutlery, cooking vessels and other utensils in the eating house to be washed in clean, hot and soapy water after each occasion on which they are used.

  (2) The proprietor of an eating house shall not place, or permit to be placed, upon any table or before any customer in the eating house any glassware, crockery, cutlery or other tableware that is not clean or that is cracked or chipped.

Persons in eating houses

 8. (1) A person shall not smoke or spit in a dining room, kitchen or storeroom of an eating house.

  (2) A person shall not enter, or remain in, a dining room or kitchen of an eating house unless his person and clothing are in a clean condition.

  (3) A person who has been to a sanitary convenience shall not subsequently enter a dining room or kitchen of an eating house until he has washed his hands with water and soap.

  (4) The proprietor of an eating house shall not permit a person to enter, or remain in, the eating house in contravention of the preceding provisions of this regulation.

Animals not to be in eating houses

 9. The proprietor of an eating house shall not permit an animal to enter, or remain in, a kitchen, dining room or storeroom of the eating house.

Eating house to be kept clean

 10. (1) The proprietor of an eating house shall maintain the eating house in a clean and sanitary condition.

  (2)  The proprietor of an eating house shall comply with a direction of an Inspector with respect to the maintenance of the eating house in a clean and sanitary condition.

Handling of food

 11. (1) This regulation applies to a person who  —

(a) is suffering from an infectious disease;

(b) is wearing a medicated bandage on his forearm; or

(c) for any reason is likely to contaminate food handled by him.

  (2) A person to whom this regulation applies shall not handle, cook, prepare or serve food in, or for use in, an eating house.

  (3) The proprietor of an eating house shall not permit a person to whom this regulation applies to handle, cook, prepare or serve food in, or for use in, the eating house.

  (4) Where an Inspector has cause to believe that a person may be a person to whom this regulation applies, he may give notice in writing directing the person not to handle, cook, prepare or serve food in, or for use in, an eating house until the person has presented himself to a registered medical practitioner for examination and the practitioner is satisfied that the person is not a person to whom this regulation applies.

  (5) A person to whom a notice is given under the last preceding subregulation shall comply with the notice.

  (6) Where the person to whom a notice is given under subregulation (4) of this regulation is employed by the proprietor of an eating house, a copy of the notice may be given to that proprietor.

  (7) Where a copy of a notice is given to the proprietor of an eating house under the last preceding subregulation, he shall not permit the person to whom that notice is given under subregulation (4) of this regulation to handle, cook, prepare or serve food in, or for use in, the eating house unless the person produces a certificate from a registered medical practitioner stating that the practitioner is satisfied that the person is not a person to whom this regulation applies.