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29
Food and Drugs Act, 1955, and the Food Hygiene Regulations, 1955
The Food and Drugs Act, 1955, came into operation on the
1st January, 1956 and introduced important changes in the law.
Under this Act the Minister of Health, acting jointly with the
Minister of Agriculture, Fisheries and Food, has made the Food
Hygiene Regulations, 1955, which modify and extend the hygiene
requirements hitherto covered by Section 13 of the Food and
Drugs Act, 1938. The majority of the Regulations came into force
on the 1st January, 1956, but certain of the provisions, which
involve alterations to premises and equipment or substantial
changes in established trade practices, were not enforceable until
the 1st July, 1956.
The Regulations deal with the structural condition of food
premises, stalls and vehicles, the construction and cleanliness of
articles and equipment with which food may come into contact,
and the hygiene of food handlers themselves while they are
handling or preparing food. They apply to clubs, schools, hospitals
and institutions, staff canteens, and all other premises where food
is handled.
In respect of contravention of these Regulations, courts will
be able to impose maximum penalties of £100 fine or three months'
imprisonment, or both, with £5 for each day the offence continues
after conviction.
It is prohibited under the Regulations to carry on a food
business in insanitary premises, stalls, or places where food is exposed
to risk of contamination. Restriction is placed on the
preparation and packing of food for commercial purposes in
domestic premises. It is necessary for sinks and washbasins to be
provided in food premises with a constant supply of hot water if
reasonably practicable. There must also be some provision for hot
water on stalls supplying food for immediate consumption. In both
cases some exceptions may be made. Articles and equipment with
which food may come into contact are to be so constructed and
maintained that they can be thoroughly cleaned. Food handlers
are required to keep all parts of their person or clothing, including
overalls, as clean as may be reasonably practicable. Any open cut
or abrasion must be kept covered with a suitable waterproof
dressing. Smoking or the use of tobacco while handling unwrapped
food is prohibited and spitting is forbidden. The Regulations
prohibit the use of newspaper for wrapping food, other than uncooked
vegetables, except as an outer wrapper. Certain foods on
catering premises, notably made-up dishes and precooked foods,
which provide a good medium for the transmission of disease
organisms, must not be kept at the lukewarm temperature at which
bacterial multiplication is greatest.
Local authorities are authorised to grant certificates of
exemption in certain cases where compliance cannot reasonably be
required because of restricted accommodation or other special circumstances.
An appeal may be made to magistrates against the
refusal or withdrawal of a certificate.