[FOS 10,235] Premises engaged in food business operations47 

47

(1) All premises where food business operations are carried out shall be currently licensed with a health licence issued by the Board in respect of such premises in accordance with Part 3 sections 16 and 17 of the Act.

(2) No person shall operate a business if the premises are not licensed or if the licence has been suspended or revoked under section 20 of the Act.

(3)  No person shall for the purpose of the sale or advertisement of the food to which the licence applies refer to the licence by any such descriptions (other than the special designation authorised by the licence) as is likely to suggest that it is tested, approved or graded by any authorised officer.

(4) The holder of the health licence shall—

• (a)keep accurate record of the quantities of the raw materials and ingredients and products purchased and products sold and of the names and addresses of the persons from whom the raw materials and ingredients and products were purchased and to whom products were sold, except where the products are directly sold to the consumer;
• (b)retain such records as referred to in subregulation (4)(a) for a period of 6 months longer than the expiration date of the product or the expected durability of the product, where an expiration date is not defined.

(5) Notwithstanding the generality of subregulation (4), food business operators in possession of health licences for market stalls or mobile or temporary stalls or village retail only outlets shall not be required to maintain written records but shall be able to identify their suppliers to authorised officers upon request.

(6) Application for the issue or renewal of a health licence shall be made in writing on the form contained in Schedule 25.

(7) Applications under subregulation (6) shall be lodged, along with the fee prescribed in Schedule 26, with an authorised officer of the food authority in which the premises are located.

(8) Once the application and fee specified in subregulation (7) have been provided, an authorised officer of the food authority in which the premises are located shall cause an inspection to be made to assess compliance with section 20 of the Act and that the food business operations to be conducted, or being conducted, on the premises comply with all requirements of the Act and its regulations.

(9) Upon completion of the inspection specified in subregulation (8), the authorised officer of the food authority in which the premises are located shall send the recommendations thereon to the competent authority and the Board with the application form and fee and any such report as may be necessary.

(10) A health licence shall be in the form contained in Schedule 27.

(11) Such further particulars shall be given by the applicant as the Board may reasonably require.

(12) The Board may refuse to issue or renew any health licence—

• (a)in respect of any application or of any premises which does or do not conform with the requirements of the Act and its regulations; or
• (b)of any applicant who during the period of 12 months immediately preceding the date of application for such issue or renewal had been convicted on at least 2 occasions of offences against the Act and its regulations.

(13) A health licence shall, unless revoked or suspended, remain in force until 31 December next following the date on which it is expressed to come into force.

(14) The Board shall cause to be kept a register of health licences issued, renewed, suspended, revoked and transferred.

(15) The Board may, on application in writing of the licensee, transfer the licence to another person by endorsing thereon the name of the transferee and such particulars as may be necessary, consequent upon the transfer, provided that the Board may refuse to transfer a licence to any person who during the period of 12 months immediately preceding the date of application for such transfer has been convicted on at least 2 occasions of offences under the Act and its regulations.

(16) If it appears that any premises, licensed by the Board to carry out any food business operations, are not maintained, kept or constructed in accordance with the provisions of these Regulations or the business operations on the premises do not otherwise comply with the Act and its regulations, a food authority or the Board may order a business to close in accordance with section 19 of the Act, until the premises and food business operations comply with the Act and its regulations.

(17) If it appears that any premises licensed by the Board to carry out any food business operations, are not maintained, kept or constructed in accordance with the provisions of these Regulations or the business operations do not otherwise comply with the Act and its regulations, the Board, after giving due notice of its intention to do so, and of the grounds of such intention, to the licensee, and after affording the licensee a reasonable opportunity of remedying any breach of the regulations specified in such notice, may, on being satisfied that any such breach has not been remedied, revoke the licence.

(18) The Board shall give notice in writing of such revocation and of the date thereof to the licensee.