Print Options

(1) The Authority may issue guidelines and codes of practice in connection with food and drugs and any other products or devices regulated by the Authority to persons in the food and drugs industry and the persons shall comply with the guidelines and codes of practice.

(2) Without limiting subsection (1) the Authority may issue guidelines in respect of the following:

(a) specifying what constitutes adulteration of a product regulated under this Part;

(b) governing

(i) the treatment, processing and manufacture of food,

(ii) the packaging, labelling, advertising and selling of food,

(iii) the size, dimensions, fill and specifications of packages of food,

(iv) the use of a substance as an ingredient in a food,

(v) the protection of the consumer or purchaser of food from being deceived or misled as to its quality, character, composition, fill, merit or safety or to prevent injury to the health of a consumer or purchaser, and

(vi) the registration of an article to which this Part applies if the Authority is satisfied that the article complies with the required standard for that article, and the manufacturing operations of that article comply with the code of good manufacturing practices,

(c) for the regulation of importation or exportation of food, drugs, herbal medicines, cosmetics, medical devices or household chemical substances in order to ensure compliance with this Part;

(d) specifying the type and level of food additives and recipients;

(e) identifying a standard for food products to prevent injury to the health of the consumer or purchaser of the food;

(f) for the destruction of an adulterated food or drug;

(g) prescribing methods of manufacture, processing, sale, storage and transportation of food, drugs, cosmetics, medical devices or chemical substances;

(h) the procedure for the clearance of drugs, herbal medicines, medical devices, household chemical substances or products regulated under this Part and any other from the ports;

(i) prohibiting the manufacture, importation, exportation or sale of specified drugs, herbal medicinal products, medical devices, cosmetics or household chemical substances;

(j) prescribing forms and particulars to be provided in forms;

(k) the food and drugs laboratory specifying its functions and rules for the operation of the laboratory;

(l) on pharmacovigilance and safety monitoring of drugs placed on the market within the country as well as post authorization safety studies and adverse drugs reaction reporting to relevant stakeholders;

(m) for the monitoring of the safety of products regulated under this Part and the seizure and disposal of products regulated under this Part; and

(n) for the allocation and reporting of narcotics and psychotropic substances.

(3) The guidelines may contain provisions

(a) prohibiting, restricting or regulating the sale or storage, possession or exposure for sale of a specific food in a place in the Republic by a specified person or category of persons;

(b) imposing requirements in respect of the construction and layout of premises used in, at or from, which food for human or animal consumption is manufactured, stored, sold, offered or exposed for distribution or sale, equipment, maintenance, cleanliness, ventilation and extraction of fumes or heat, lighting and water supply in respect of the premises;

(c) imposing requirements for the provision, maintenance, cleanliness of sanitary and washing facilities in connection with those premises, the disposal of refuse and the maintenance and cleanliness of apparatus, equipment, furnishings and utensils used in those premises, and in particular, the Guidelines may impose requirements that a sanitary convenience situated in the premises is supplied with water through a suitable flushing appliance;

(d) prohibiting or restricting spitting on the premises or in any other way, littering the premises where food for human or animal consumption is manufactured or stored, or sold, offered or exposed for distribution or sale;

(e) imposing requirements as to the clothing to be worn by persons engaged to work in those premises;

(f) requiring the periodic medical examination of persons engaged in those premises or a category of them, the immunization of those persons against a special disease, and prohibiting the employment or continued employment of any of them found to be suffering from a specified disease;

(g)‘regulating the selling of salt which is not fortified with potassium iodate for persons allergic to potassium iodate;

(h) in respect of the contamination of food or water for human or animal consumption by household chemical substances;

(i) in respect of the disposal of household chemical substances likely to cause injury or be dangerous to the health of a person; and

(j) Regulating generally the treatment and disposal of food which is unfit for human or animal consumption or food which is condemned by an inspector under this Part.

(4) A person who fails to comply with subsection (1) or (2) shall pay an administrative penalty of not more than two thousand five hundred penalty units to the Authority.

(5) A person who fails to pay a penalty imposed under subsection

(4) Commits an offence and is liable on summary conviction to a term of imprisonment of not more than five years in addition to payment of the penalty imposed.