Health Act, 1953

Regulations under Part V of Principal Act.

38.—(1) Regulations under Part V of the Principal Act may provide for all or any of the following matters:

(a) the licensing or registration of—

(i) persons engaged in the manufacture, preparation, importation, storage, distribution or sale of food for human consumption,

(ii) premises, vehicles or stalls in or at which food is manufactured, prepared, stored, distributed or exposed for sale for human consumption,

(b) the description of premises, vehicles or stalls so licensed or registered,

(c) the prohibition of the manufacture, preparation, importation, storage, distribution, exposure for sale or sale of food otherwise than by licensed or registered persons or in or at licensed or registered premises, vehicles or stalls (as the case may be),

(d) the cancellation or suspension of licences or registrations,

(e) matters ancillary to the foregoing matters.

(2) Where regulations under Part V of the Principal Act include, by virtue of subsection (1) of this section, provision for the keeping of registers by health authorities—

(a) any register kept pursuant to the regulations by a health authority shall be deemed to be in proper custody when in the custody of an officer of the health authority authorised in that behalf by the health authority and shall be admissible in evidence without further proof, on production from the proper custody,

(b) prima facie evidence of any entry in any register kept pursuant to the regulations by a health authority may be given in any Court or any legal proceedings by the production of a copy of such entry purporting to be certified to be a true copy by an officer of the health authority authorised in that behalf, and it shall not be necessary to prove the signature of such officer, or that he was in fact such officer or was so authorised,

(c) a certificate purporting to be under the hand of an officer of a health authority authorised in that behalf that a specified person, premises, vehicle or stall was not, during a specified period, registered in a specified register kept pursuant to the regulations by the health authority shall be accepted in any Court or any legal proceedings as prima facie evidence of the facts so certified, and it shall not be necessary to prove the signature of such officer, or that he was in fact such officer or was so authorised.

(3) Regulations under Part V of the Principal Act may provide for functions to be performed for the purposes of the regulations by Justices of the District Court or Peace Commissioners, being functions relating to any of the following matters:

(a) the making of orders in relation to the destruction or other disposal of food which is diseased, contaminated or otherwise unfit for human consumption,

(b) the reviewing of orders prohibiting the importation or the removal from the place of importation of articles of food or animals or materials intended for use in the manufacture of food,

(c) the annulment or confirmation of orders relating to the cancellation or suspension of licences or registrations or the prohibition of the user of premises, stalls or vehicles for any specified purpose,

(d) the direction of health authorities to license or register persons, premises, vehicles or stalls in specified circumstances.

(4) Where any repairs, structural alterations or additions to premises are required by any authority enforcing regulations under Part V of the Principal Act to comply with those regulations—

(a) the repairs, structural alterations or additions may be carried out notwithstanding any covenant, agreement or condition in any lease or other contract of tenancy under which the premises are held,

(b) before the repairs, structural alterations or additions are carried out, the person required to carry them out shall—

(i) if he is not the rated occupier of the premises, inform the rated occupier, and

(ii) if he holds the premises under a lease or other contract of tenancy, inform the immediate landlord or his agent.

(5) In sections 56 and 57 of the Principal Act, the word “food” shall be construed, in addition to referring to any individual food, as referring to any class whatsoever of food.

(6) This section and the repeal by section 5 of this Act of section 55 of the Principal Act shall be deemed to have come into operation on the day on which Part V of the Principal Act came into operation.