S.I. No. 54/1928 - The Public Health (Saorstát Eireann) (Preservatives, Etc., in Food) Regulations, 1928.

STATUTORY RULES AND ORDERS. 1928. No. 54.THE PUBLIC HEALTH (SAORSTÁT EIREANN)

(PRESERVATIVES, ETC., IN FOOD) REGULATIONS, 1928.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

I, the Minister for Local Government and Public Health, in exercise of the powers conferred upon me by the Public Health (Ireland) Acts, 1878 to 1919, the Public Health Act, 1896, the Public Health (Regulations as to Food) Act, 1907, the Butter and Margarine Act, 1907, the Local Government Acts, 1925 and 1927, and of every other power in that behalf enabling me do hereby make the following regulations, with the consent of the Revenue Commissioners, so far as they apply to officers of customs and excise, that is to say:—

PART I.

1. These Regulations may be cited as the Public Health (Saorstát Eireann) (Preservatives, etc., in Food) Regulations, 1928, and shall come into operation on the 1st day of October, 1928.

2.—(1) In these Regulations unless the context otherwise requires—

"The Minister" means the Minister for Local Government and Public Health;

"Sanitary Authority" means every urban or rural district council, board of public health or board of health and public assistance, being a local authority, who by their medical officers of health and sanitary sub-officers acting as inspectors of nuisances may procure or take samples of food and drugs for analysis under the provisions of the Sale of Food and Drugs Acts, 1875 to 1907, and "public analyst" means an analyst appointed for the purposes of the said Acts;

"Officer of Customs and Excise" includes any person acting under the authority of the Revenue Commissioners;

"Food" means food intended for human consumption;

"Cream"means that portion of milk rich in milk-fat which has been separated by skimming or otherwise and is intended for human consumption;

"Preservative" means any substance which is capable of inhibiting, retarding or arresting the process of fermentation, acidification, or other decomposition of food or of masking any of the evidences of any such process or of neutralising the acid generated by any such process but does not include common salt (sodium chloride), saltpetre (sodium or potassium nitrate), sugars, lactic acid, acetic acid or vinegar, glycerine, alcohol or potable spirits, spices, essential oils or any substance added to food by the process of curing known as smoking;

"Thickening substance" means sucrate of lime, gelatine, starch paste or any other substance, which when added to cream is capable of increasing its viscosity but does not include cane or beet sugar;

"Sulphur dioxide" includes sulphites, and "benzoic acid" includes benzoates;

"Sell" includes expose or offer for sale or deposit in any place for the purposes of sale, or despatch or deliver to any purchaser, broker or agent; and "sale" shall be construed accordingly;

"Importer" includes any person who, whether as owner, consignor or consignee, agent or broker, is in possession of or in anywise entitled to the custody or control of any article of food brought from a place situate outside Saorstát Eireann, Great Britain, Northern Ireland, the Channel Islands and the Isle of Man; and "import" shall be construed accordingly.

(2) Percentages shall be calculated by weight.

(3) Sulphites shall be calculated as sulphur dioxide (SO²) and benzoates as benzoic acid (C₆H₅COOH).

(4) The Interpretation Act, 1889, applies to the interpretation of these Regulations in like manner as it applies to the interpretation of an Act of the Oireachtas passed before the 1st day of January, 1924.

PART II. SALE OF ARTICLES OF FOOD AND PRESERVATIVES.

3.—The Sanitary Authority and every officer of a Sanitary Authority authorised in writing by the Authority shall enforce and execute this Part of these Regulations, and for this purpose shall make such inquiries and take such other steps as may seem to them to be necessary for securing the due observance of this Part of the Regulations in the district of the Sanitary Authority.

4. (1) No person shall manufacture for sale or sell any article of food which contains any added preservative or any added colouring matter being one of those specified in Part II of the First Schedule to these Regulations:

Provided that—

(i) any article of food specified in Part I of the said Schedule may contain preservative of the nature and in the proportion therein specified;

(ii) where an article of food specified in Part I. of the said Schedule otherwise than in item 4 thereof is used in the preparation of any other article of food, the latter article may contain any preservative necessarily introduced by the use of the former article, but the total proportion of any one preservative contained in any article of food specified in that part of the Schedule shall not exceed the proportion therein specified;

(iii) the provisions of this Article shall not apply so as to prohibit the presence of sulphur dioxide in any article of food other than meat if it is shown either—

(a) that the article not being an article specified in Part I of the said Schedule is intended to be used in the preparation of an article which is so specified, or

(b) that the article being itself an article so specified, other than fruit or fruit pulp, is intended to be so treated before it is sold or exposed for sale by retail as to comply with the provisions of the Schedule as regards the proportion of sulphur dioxide contained.

(2) The following provisions shall have effect with respect to any of the articles of food mentioned in paragraph 1 of the Second Schedule to these Regulations which contains any preservative specified in Part I. of the First Schedule to these Regulations as permissible in the case of such article, that is to say:—

(a) a person who exposes or offers any such article for sale by retail shall at the time when it is so exposed or offered either cause the article to be labelled in accordance with the Rules set out in the said Second Schedule, or cause a notice to the effect that the article contains preservative to be exhibited in a conspicuous place so as to be easily readable by a purchaser; and

(b) a person who sells any such article shall cause it to be labelled in accordance with the said Rules at the time when it is delivered to any purchaser, agent or broker:

Provided that—

(i) neither the requirement mentioned in paragraph (a) nor that mentioned in paragraph (b) hereof shall apply where the article is exposed or offered for sale or sold by retail in, or delivered to a customer in, a hotel, restaurant, or other such place for consumption on the premises; and

(ii) the requirement mentioned in paragraph (b) hereof shall not apply where the article is sold by retail and delivered to the purchaser at the vendor's premises or stall if such a notice as is mentioned in paragraph (a) hereof is there exhibited as provided in that paragraph.

(3) No person shall sell cream which contains any thickening substance.

5.—(1) No person shall sell any article which is recommended in any mark or label placed thereon or on its receptacle or container for use as a preservative of, or colouring matter for, any article of food or is described or referred to in any such mark or label in terms likely to lead to its being so used—

(i) if such use would be contrary to these Regulations; and

(ii) if in the case of a preservative it is not labelled in accordance with the Rules set out in the Second Schedule to these Regulations.

(2) No person shall on or in connection with the sale of any article or in any advertisement, circular or notice relating thereto recommend it for use as a preservative of, or colouring matter for, any article of food, or describe or refer to it in terms likely to lead to its being so used, if such use would be contrary to these Regulations.

(3) No person shall sell any article which is recommended in any such mark or label as aforesaid for use as a thickening substance for cream or is described or referred to in any such mark or label in terms likely to lead to its being so used, and no person shall on or in connection with the sale of any article or in any advertisement circular or notice relating thereto recommend it for use as a thickening substance for cream or describe or refer to it in terms likely to lead to its being so used.

6.—(1) Any officer authorised by the Minister and any officer of the Sanitary Authority acting in the execution of these Regulations shall have power to enter at all reasonable times any premises where articles to which these Regulations apply are prepared, packed, labelled or stored.

(2) The officer may take samples of any such article or of any substance used or capable of being used in the preparation of any such article and of any labels designed to be affixed to any such article or to any package or other receptacle containing such article, but shall if so required make reasonable payment for any samples so taken.

(3) Where a sample is taken of an article to which these Regulations apply, the Sale of Food and Drugs Acts, 1875 to 1907, shall apply as if the officer were an officer authorised to procure samples thereunder; and where an analysis is required for the purposes of these Regulations, the provisions of Section 14 of the Sale of Food and Drugs Act, 1875, as amended by subsequent legislation shall apply.

7.—Where it appears to any authority or officer whose duty it is to enforce these Regulations that an article has been sold within the district of the authority contrary to the provisions of Article 4 or 5 of these Regulations, the authority or officer may, instead of or in addition to taking proceedings against the seller, take proceedings against any previous seller of the article notwithstanding that the sale by such previous seller took place outside the district of the authority, and for the purpose of any such proceedings the sale by the previous seller shall be deemed to have taken place within the district of the authority and the proceedings may be taken either before a Court having jurisdiction within that district or before a Court having jurisdiction in the place where the sale actually took place.

PART III. IMPORTATION OF ARTICLES OF FOOD.

8—(1) Subject to any directions given by the Revenue Commissioners after consultation with the Minister, the Officers of Customs and Excise shall have power to enforce and execute this Part of these Regulations and may take such samples as may be necessary of consignments of imported articles to which these Regulations apply.

(2) Where an Officer of Customs and Excise takes a sample for the purpose of analysis he shall send the sample or a portion thereof to the State Chemist, and either the officer or the State Chemist shall send a portion of the sample to the importer.

9.—(1) The following authorities and any officers authorised by them in writing shall also have power to enforce and execute this Part of these Regulations, namely:—

(a) where the article of food is landed from a ship or aircraft in a place which is not within the jurisdiction of a Port Sanitary Authority, or where the article is imported in a vehicle and the Customs examination of that vehicle is deferred with the consent of the Revenue Commissioners until the vehicle reaches a place outside such jurisdiction, the Sanitary Authority of the Urban or Rural or County Health District, as the case may be, in which such place is situated;

(b) in every other case, the Port Sanitary Authority.

(2) Every officer authorised as aforesaid may take such samples as may be necessary of consignments of imported articles to which these Regulations apply, and where he takes a sample for the purpose of analysis he shall send the sample or a portion thereof to a public analyst and either the officer or the analyst shall send a portion of the sample to the importer.

(3) Where the duties of an Officer of Customs and Excise with regard to the examination of a cargo or consignment comprising an article of food have not been wholly discharged, a sample of that article shall not be taken without his consent, but every Officer of Customs and Excise shall afford such facilities as the circumstances require far the taking of samples in pursuance of this Regulation.

10.—If in any case the Revenue Commissioners or a Sanitary or Port Sanitary Authority executing this Part of these Regulations are of opinion that an offence against this Part of these Regulations has been committed, they shall communicate to the Minister for his information the name of the importer and such other facts as they may possess or may obtain as to the destination of. the consignment.

11.—(1) No person shall import into Saorstát Eireann any article of food intended for sale which contains any added preservative or any added colouring matter being one of those specified in Part II of the First Schedule to these Regulations:

Provided that—

(i) any article of food specified in Part I of the said Schedule may contain preservative of the nature and in the proportion therein specified;

(ii) where an article of food specified in Part I of the said Schedule otherwise than in item 4 thereof is used in the preparation of any other article of food, the latter article may contain any preservative necessarily introduced by the use of the former article, but the total proportion of any one preservative contained in any article of food specified in that Part of the Schedule shall not exceed the proportion therein specified;

(iii) the provisions of this Article shall not apply so as to prohibit the presence of sulphur dioxide in any article of food other than meat if it is shown either—

(a) that the article not being an article specified in Part I, of the said Schedule is intended to be used in the preparation of an article which is so specified, or

(b) that the article being itself an article so specified, other than fruit or fruit pulp, is intended to be so treated before it is sold or exposed for sale by retail as to comply with the provisions of the Schedule as regards the proportion of sulphur dioxide contained.

(2) No person shall import into Saorstát Eireann any cream intended for sale which contains any thickening substance.

PART IV. MISCELLANEOUS.

12.—The provisions of these Regulations with respect to prohibiting any preservative or colouring matter or thickening substance in articles of food and requiring the labelling of certain articles of food and of articles sold as preservatives shall not apply in the case of any article which is intended to be exported or re-exported or intended for use as ships' stores.

13.—(1) In any proceedings under these Regulations the certificate of the State Chemist or the public analyst, as the case may be, of the result of, the chemical examination of a sample shall be sufficient evidence of the facts therein stated unless the defendant requires that the person who made the examination be called as a witness.

(2) In any proceedings under these Regulations, where the fact that any article has been dealt with contrary to these Regulations has been proved, if the respondent desires to rely upon the exceptions or provisions contained in these Regulations with reference to such article being sold for consumption on the premises or being intended for export or re-export or for use as ships' stores it shall be incumbent upon him to prove that the article was so sold or was intended for export or re-export or for use as ships' stores.

14.—A person shall, if so required, give to any Officer of Customs and Excise or of any Sanitary or Port Sanitary Authority who is acting in the execution of these Regulations all reasonable assistance in his power, and shall in relation to anything within his knowledge, furnish any such officer with all information which he may reasonably require for the purposes of these Regulations, including information as to the persons from whom or places from which any article to which these Regulations apply has been obtained and to whom and to which it has been consigned or otherwise disposed of.

15.—The Public Health (Ireland) (Milk) Regulations, 1917, are hereby revoked, but without prejudice to any proceedings begun or other action taken in pursuance of those Regulations.

Given under My Official Seal this eighteenth day of August in the Year of Our Lord One Thousand Nine Hundred and Twenty-eight.

(Signed) RISTEARD UA MAOLCHATHA

Minister for Local Government and Public Health.

The Revenue Commissioners hereby consent to the foregoing regulations, so far as they apply to Officers of Customs and Excise.

(Signed) WILLIAM O'BRIEN.

Notice.—The Public Health Act, 1896, provides by sub-section (3) of Section 1 if any person wilfully neglects or refuses to obey or carry out or obstructs the execution of any regulation made under any of the regulation made under any of the enactments mentioned in that Act he shall be liable to a penalty not exceeding One Hundred Pounds, and in the case of a continuing offence to a further penalty not exceeding Fifty Pounds for every day during which the offence continues.

The power of making regulations under the Public Health Act, 1896, and the enactments mentioned in that Act is enlarged by the Public Health (Regulations as to Food) Act, 1907.

THE FIRST SCHEDULE.

PART I.—ARTICLES OF FOOD WHICH MAY CONTAIN PRESERVATIVE AND NATURE AND PROPORTION OF PRESERVATIVE IN EACH CASE:—

The articles of food specified in the first column of the following table may contain the preservative specified in the second column in proportions not exceeding the number of parts (estimated by weight) per million specified in the third column:—

PART II.—COLOURING MATTERS WHICH MAY NUT BE ADDED TO ARTICLES OF FOOD.

1.—METALLIC COLOURING MATTERS.

Compounds of any of the following metals:—

2.—VEGETABLE COLOURING MATTER.

Gamboge.

3.—COAL TAR COLOURS.

THE SECOND SCHEDULE.

LABELLING OF ARTICLES OF FOOD CONTAINING PRESERVATIVE AND OF PRESERVATIVES.

1. The articles of food containing preservative to which the Rules as to labelling set out in this Schedule apply are sausages. sausage-meat, coffee extract, pickles and sauces, and (where the proportion of benzoic acid exceeds 600 parts per million) grape juice and wine.

2.—(1) Where any of the said articles of food contains preservative it shall bear a label on which is printed the following declaration or such other declaration substantially to the like effect as may be allowed by the Minister:—

(2) The declaration shall be completed by inserting at (a) the word "This" or "These," followed by the name of the food as used in paragraph 1 of this Schedule.

(3) In the case of grape juice or wine to which these Rules apply there shall be added to the declaration the words "and is not intended for use as a beverage."

3.—(1) An article sold as a preservative shall bear a label on which is printed the following declaration or such other declaration substantially to the life effect as may be allowed by the Minister:—

(2) Where the article contains benzoic acid the words "Benzoic Acid" shall be substituted for the words "Sulphur Dioxide."

(3) The declaration shall be completed by inserting at (a) in words and figures, excluding fractions, e.g., "seventy (70)," the true percentage of the sulphur dioxide or benzoic acid present in the article.

4.—The prescribed declaration shall in each case be printed in dark block type upon a light-coloured ground within a surrounding line and no other matter shall be printed within such surrounding line. The type used shall be not less than one-eighth of an inch in height, or, in the case of grape juice or wine to which these Rules apply, one-sixteenth of an inch in height.

5. The label shall be securely affixed to the article or be part of or securely affixed to the wrapper or container, and in any case shall be so placed as to be clearly visible. If the article bears a label containing the name, trade mark, or design representing the brand of the article or the name and address of the manufacturer or dealer the prescribed declaration shall on and after the 1st day of July, 1929, be printed as part of such label.

6.—No comment on or explanation of the prescribed declaration (other than any direction as to use in the case of a preservative) shall be placed on the label or on the wrapper or container.

Note:—In the case of imported food, the provisions of Section 16 of the Merchandise Marks Act, 1887, 50—1 Vic. c. 28, must also be complied with if the label bears the name or trade mark of a dealer or merchant in Saorstát Eireann.