Pure Food Act

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1. Short title.
2. Interpretation
3. Board of Health.
4. Food: when deemed to be adulterated or falsely described.
5. Adulterated food.
6. Mixing food so as to be injurious to health.
7. Mixing food to increase bulk.
8. Sale of mixture.
9. Offences under foregoing sections.
10. Liability of persons named on package.
11. Inspection.
12. Provisions as to suspected food.
13. Power to demand, select and take samples.
14. Manner in which sample taken for analysis shall be dealt with.
15. Forwarding of sample by post.
16. Appointment of analysts.
17. Certificate of analyst to be evidence.
18. Mode of determining strength of liquors.
19. Copy of result of analysis.
20. Cost of analysis.
21. General penalty.
22. Interference with official marks or seals.
23. Obstruction of inspector.
24. Forfeiture.
25. Limit of time for prosecutions.
26. Analyst's certificate to be served with any summons.
27. Possession prima facie evidence of contravention of Act.
28. Onus of proof.
29. Guarantee a defence to prosecution.
30. Regulations.
31. Saving.

Ordinances Nos. 7 of 1925, 7 of 1932, 1 of 1939, 23 of 1941, 2 of 1945,
5 of 1946, 11 of 1949, 2 of 1951, 22 of 1953, 9 of 1954, 18 of 1956,
31 of 1957, 20 of 1958, 6 of 1961, 37 of 1966, 38 of 1969.

AN ACT FOR SECURING THE WHOLESOMENESS AND PURITY OF FOOD AND FIXING STANDARDS FOR THE SAME AND FOR PURPOSES CONSEQUENT THEREON OR INCIDENTAL THERETO.

2. In this Act and in any regulations made under this Act, unless the context otherwise requires—

"food" means every article which is used for food or drink by man, or which enters into or is used in the composition or preparation of any such article, and includes flavouring matters, colouring matters, essences, condiments, spices, confectionery, ice and ice cream;

"inspector" means any person duly appointed for the purpose of carrying out the provisions of this Act;

"package" includes any box, bottle, basket, tin, barrel, case, receptacle, wrapper or other thing in which any article is placed or packed;

"prescribed" means prescribed by this Act or by regulations made under this Act;

"sell" includes to barter and also includes to offer or attempt to sell or receive for sale or have in possession for sale or expose for sale or send forward for sale or deliver for sale or cause or suffer or allow to be sold, offered or exposed for sale, but refers only to selling for consumption or use by man;

"selling", "sale" and "sold" are to be construed in relation to the definition of the expression "sell".

3.—(1) The provisions of this Act shall be administered and enforced by the Central Board of Health constituted under the provisions of section 3 of the Public Health Act.

(2) The said Board may appoint for the purposes of this Act such inspectors as may be necessary.

(3) The said Board may appear before any court or in any legal proceedings by an inspector or by any officer or member authorised generally or in respect of any special proceeding by resolution of the Board and any inspector or other officer or member so authorised may institute and carry on proceedings for any offence under any of the provisions of this Act.

4. An article of food shall be deemed to be adulterated or falsely described within the meaning of this Act—

(a) if any substance has been mixed with it so as to reduce or lower or injuriously affect its quality or strength;

(b) if any inferior or cheaper substance has been substituted wholly or in part for the article;

(c) if any valuable constituent of the article has been wholly or in part abstracted;

(d) if it consists wholly or in part of any diseased or putrid or rotten animal or vegetable substance, whether manufactured or not;

(e) if it is obtained from a diseased animal or from one which has died otherwise than by the hand of a slaughterman;

(f) when it is coloured or coated or powdered or polished in a manner whereby damage or inferiority may be concealed;

(g) when it contains any substance prohibited by the regulations or any substance concerning which any restrictive regulation has been made in excess of any quantity or proportion permitted by such regulation;

(i) if it contains any added poisonous ingredient or any ingredient which may render it injurious to the health of the person consuming it, whether added with intent or otherwise;

(j) when either wholly or in part its strength or purity does not comply with the standard prescribed by any regulation;

(k) when it is in package form and the package or any label attached thereto bears a statement, design or device regarding such article of food or the ingredients or substance contained therein which is false or misleading in any particular:

(i) in a prosecution or other proceeding under this Act for selling of an article of food to which paragraphs (a) or (b) apply, such article shall not be deemed to be adulterated or falsely described if it is sold as a mixture in accordance with the provisions of this Act;

(ii) nothing in this Act shall be construed as requiring proprietors or manufacturers of proprietary foods which contain no unwholesome added ingredient to disclose their trade formula except in so far as the provisions of this Act may require to secure freedom from adulteration or false description;

(iii) an article of food shall not be deemed to be adulterated or falsely described by reason only—

(aa) that it contains in not greater than the prescribed quantity any substance required or permitted to be added by regulations; or

(bb) in the case of an article of food from which the regulations require or permit some substance to be extracted, that there has been abstracted an amount not greater than that which the regulations require or permit to be abstracted.

5. No person shall sell any article of food which is adulterated or falsely described or which is packed or enclosed for sale in any manner contrary to the provisions of this Act or of the regulations.

6.—(1) No person shall, for the purpose of sale, mix or cause or permit to be mixed any ingredient or material with any food or colour any such article or cause or permit the same to be coloured so as in any such case to render such article dangerous or injurious to health.

(2) No person shall sell any food mixed with any such ingredient or material or so coloured as aforesaid whereby such food is rendered dangerous or injurious to health or whereby its quality is injuriously affected.

(a) for the purpose of sale mix or cause or permit to be mixed any ingredient or material with any food in order thereby fraudulently to increase its weight, bulk or measure or fraudulently to conceal its inferior quality; or

(b) sell any food mixed with any ingredient or material whereby the weight, bulk or measure of such food has been fraudulently increased or its inferior quality fraudulently concealed.

(a) sell any food which is not of the nature, substance or quality of the food demanded by the purchaser; or

(b) sell any compounded food which is not composed of ingredients in accordance with the demands of the purchaser.

(3) In any prosecution under this section it shall be no defence to prove that the food the subject of the prosecution though defective in nature or in substance or in quality was not defective in all three respects.

8.—(1) When any person sells a food which is a mixture, the ingredients shall be pure and in an undeteriorated and sound condition and such person shall deliver the mixture to the purchaser in a package on or attached to which shall be a statement or label stating that the food is a mixture and the names and ingredients and, when the mixture is a food, the proportions of the ingredients when so prescribed:

Provided that it shall not be necessary to attach a statement or label in the case of—

(a) an article of food generally known to users as a compounded article mixed with any matter or ingredient not injurious to health and not intended fraudulently to increase its bulk, weight or measure or fraudulently to conceal its inferior quality; or

(b) a mixture exempted from this section by the regulations, which exemption may be applied to classes of articles.

(2) No person shall sell any food which is a mixture in respect of which the provisions of this section have been contravened or have not been complied with.

9. Any person who contravenes any of the provisions of sections 5, 6 and 7 and subsection (2) of section 8 shall be guilty of an offence against this Act.

10. Where any food in connexion with which there is a contravention of any of the provisions of this Act is sold in a closed package to any purchaser, any person who appears from any statement or label thereon or attached thereto to have imported, manufactured or prepared such food or to have enclosed it in such package shall, unless he proves to the contrary, be deemed to have so imported, manufactured, prepared or enclosed such food and, unless the contravention is shown to be due to the default of the person on whose premises the package is found or to deterioration or other causes beyond the control of the person named on the package or label, shall be guilty of an offence against this Act.

11.—(1) Any inspector may enter and inspect at any reasonable time any place which he has reasonable grounds for believing is kept or used for the sale, storage, delivery, manufacture or preparation for sale of any article used or which he has reasonable grounds for believing is intended to be used as a food.

(a) examine and open any such article or any package enclosing the same in any such place;

(b) remove for analysis or for bacteriological or other examination portions or samples of any such article;

(c) weigh, count, measure or mark such article or package and fasten, secure or seal the same;

(d) seize any such article which is or appears to him to be dangerous or injurious to health or unwholesome or unfit for use and any package enclosing or containing the same.

(3) It shall be lawful for a magistrate upon the complaint of such inspector to summon before him the owner of such article or the person in whose possession it was found and to call upon him to show cause why the article and the package aforesaid should not be forfeited and destroyed.

(4) Upon the said owner or person so appearing or, if after being so summoned, he fails to appear, the said magistrate may, after inquiry into the matter and if satisfied by reasonable proof that the article is used or is intended to be sold or used as food and was unfit for human consumption, adjudge such article and also every such package to be forfeited and the same shall be destroyed. In default of such reasonable proof the article and the said package shall be forthwith restored to the owner or person in whose possession they were found.

(5) This section shall, without restricting its general application, extend and apply to articles packed, bottled or tinned or sold or offered for sale or made up or included in or prepared or cooked for any meal to be consumed on the premises of any shop, licensed house of any place or premises.

12.—(1) If an inspector has reasonable grounds for suspecting that any food of which he or any other inspector has procured a sample under the provisions of this Act is likely to cause food poisoning, he may give notice to the person in charge of the food that until his investigations are completed, the food, or any specified portion thereof, is not to be used for human consumption and either is not to be removed or is not to be removed except to some place specified in the notice.

(2) A person knowing that a notice has been given under the provisions of subsection (1) who uses or removes or permits to be used or removed any food in contravention of the requirements of such notice shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred dollars.

(3) If as a result of his investigations the inspector is satisfied that the food in question or any portion thereof, is likely to cause food poisoning, he may deal with it as an article falling within paragraph (d) of subsection (2) of section 11 and subsections (3) and (4) of that section shall apply accordingly, but if he is satisfied that it may safely be used for human consumption, he shall forthwith withdraw the notice.

13.—(1) On payment or tender to any person selling or manufacturing or preparing for sale any food or to his agent or servant or to any person in charge of the food of the current market value thereof or at the rate of payment prescribed any inspector may demand and select and take or obtain samples of the said food as required by him for the purposes of this Act.

(2) Any such inspector may require such person or his agent or servant to show and permit the inspection of any package in which such food is at the time kept and may take or draw therefrom the samples demanded:

Provided that where any food is kept for retail sale in a closed package no person shall be required by any inspector to sell less than the whole of such package.

(3) If any rates have been fixed by regulation for the payment of samples of any food it shall not be necessary for any inspector to tender any higher price for such sample.

14.—(1) The person purchasing or the inspector taking or obtaining any food with the intention of submitting it to analysis shall thereupon notify such intention to the owner or his agent or servant or other person in charge of such food.

(2) The person purchasing or the inspector shall divide any such food into three parts to be there and then separated, and each part shall be labelled or marked and sealed or fastened up in such manner as its nature will permit and one of the said parts shall be delivered to the owner, agent, servant or person in charge aforesaid, one shall be retained by the purchaser or the inspector, and the third shall be submitted to an analyst.

15. Such samples as aforesaid may be forwarded to an analyst through the post office as a registered article or may be forwarded under seal in any convenient way, in which case the certificate of the analyst that on receipt by him the seal was unbroken shall be sufficient evidence of identity.

16. The Minister may appoint persons to be analysts and may make regulations concerning their qualifications.

17. Any analyst analysing any food submitted to him in pursuance of this Act may give a certificate in the form prescribed of the results of the analysis. In any legal proceeding under this Act the production of a certificate purporting to be signed by an analyst shall be prima facie evidence of the identity of the food analysed and of the result of the analysis without proof of the signature of the person appearing to have signed the same.

18. For the purpose of determining the degree of the strength of any spirits such apparatus shall be used and such method observed as may be prescribed.

19. A copy of the result of any analysis shall on demand be supplied to the person from whom the sample was procured and to the manufacturer or his agent in Fiji.

20. Where the prosecutor in any case under this Act has caused the food forming the subject of prosecution to be analysed the court may in case of a conviction award the cost of such analysis against the defendant as part of the costs of the prosecution.

21.—(1) Any person guilty of an offence under this Act shall, unless a special penalty is provided by this Act, be liable in the case of a first offence to a fine not exceeding one hundred dollars, or in the case of a second or subsequent offence to a fine not exceeding two hundred dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

(2) Any person guilty of an offence of selling adulterated milk shall be liable in the case of a first offence to a fine not exceeding one hundred dollars and in the case of a second or subsequent offence to a fine not exceeding two hundred dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

(3) Where any person convicted of an offence of selling adulterated milk is the proprietor of a dairy registered in accordance with any regulations made under the provision of the Dairies Act, the court may on a second or subsequent occasion in addition to any other penalty cancel the registration of the dairy.

22. If any person who is not authorised so to do wilfully removes, erases, alters, breaks or opens any mark, seal or fastening placed by any inspector upon any goods, article or package, he shall be guilty of an offence.

(a) assaults, intimidates, obstructs or attempts to obstruct in any manner any inspector or authorised person in the exercise of his powers or in the discharge of his duties under this Act; or

(b) refuses to allow to be taken any sample demanded in accordance with the provisions of this Act or of the regulations; or

(c) gives, procures, offers or promises any bribe, recompense or reward to influence any inspector or person as aforesaid in the exercise of his powers or in the discharge of his duties as aforesaid; or

(d) retakes or attempts to retake any food or article seized or sold under the provisions of this Act or resists or attempts to prevent such seizure, shall be guilty of an offence.

24. In the case of any conviction under this Act any food to which the conviction relates may by order of the court become and be forfeited to Her Majesty. Such forfeiture may extend to the whole of the article and to the whole of any similar articles and to all packages containing any similar articles belonging to the defendant or found on the defandant's premises or in his possession at the time of the committing of the offence.

25. When any food has been taken or obtained for analysis no prosecution under this Act in respect thereof shall be instituted after the expiration of seventy days from the time when it was so taken or obtained.

26. In any prosecution concerning any food there shall be served with the summons a copy of any analyst's certificate that may have been obtained on behalf of the prosecution.

27. Where any sample of any article of food for sale procured by any inspector has been proved by analysis to have been adulterated or falsely described and any inspector has in pursuance of this Act seized, marked or fastened such article in any place, proof of the possession by any person in such place of such article shall be deemed to be prima facie evidence that the same is in his possession for sale in contravention of the provisions of this Act.

28. The onus of proof that any food has not been sold for consumption or use by man shall be on the defendant.

29.—(1) If the defendant in any prosecution under the provisions of this Act for the sale of any food which is adulterated or falsely described or is mixed, coloured, composed or constituted in contravention of any provision of this Act proves that he purchased the article in question for and as an article of the same nature, substance and quality as that demanded of him by the purchaser or inspector and with a written warranty or invoice to that effect, and also proves that he sold it in the same state in which he purchased it and that he could not with reasonable diligence have obtained knowledge of its adulteration or false description, he shall be entitled to be discharged from such prosecution but shall be liable to pay the cost incurred by the prosecutor unless he has given notice to him that he will rely on such defence.

(2) A warranty or invoice shall not be available as a defence unless the defendant has within seven days after service of the summons sent to the purchaser or inspector a copy of such warranty or invoice with a written notice stating that he intends to rely on the warranty or invoice and specifying the name and address of the person from whom he received it and also that he has sent a like notice of his intention to such person.

(3) The person by whom such warranty or invoice is alleged to have been given shall be entitled to appear at the hearing and to give evidence and the court may, if it thinks fit, adjourn the hearing to enable him to do so.

(4) A warranty or invoice given by a person resident outside Fiji shall not be available as a defence to any proceedings under this Act unless the defendant proves that he did in fact believe in the accuracy of the statement contained in the warranty or invoice.

(5) Any person who gives any such warranty or invoice which is false shall, in addition to any penalty for the sale of any food contrary to the provisions of this Act, be guilty of an offence unless he proves to the satisfaction of the court that when he gave the warranty or invoice he had reason to believe that the statements or descriptions contained therein were true.

30.—(1) The Minister may from time to time make regulations not inconsistent with this Act for—

(a) prescribing standards for the composition, strength, purity or quality of any food or for the nature or proportion of any substance which may be mixed with or used in the preparation or preservation thereof or prohibiting the addition of any substance to any article of food;

(b) prohibiting in the manufacture, preparation, storing, preservation, packing or in the delivering of any article of food for sale the use of appliances containing any substance that may be specified and prohibiting the sale of such appliances;

(c) prohibiting such modes of manufacture and of preparation or preservation of articles of food as may be specified;

(d) prescribing the method of analysing any food submitted for analysis under this Act;

(e) exempting any package of food from any provision of this Act relating to marketing or labelling;

(f) requiring the destruction or denaturation of articles of food that have become deteriorated or impoverished in such degree as may be specified and of such articles of food as may be specified;

(g) requiring statements or labels to be written on or attached to articles of food or to packages containing such articles designed to prevent the public or the purchaser being deceived or misled as to the character, strength, quality, quantity or uniformity of the article and prohibiting the use in such statements or labels of words that may be specified;

(i) prescribing fines not exceeding forty dollars or a continuing fine not exceeding four dollars per diem for a contravention of any regulation;

(j) generally for carrying out the provisions of this Act and for securing the wholesomeness, cleanliness, freedom from contamination and adulteration of any food and for securing the cleanliness and sanitation of receptacles, places and vehicles used for the manufacture, preparation, storage, packing, carriage or delivery of any food;

(k) requiring, for the purpose of facilitating analysis, the addition to any food by the manufacturer thereof of any substance in such quantity and in such manner as may be prescribed;

(l) providing for the licensing of premises on which the business of pasteurization or sterilization of milk is carried on and for appeals in cases of refusal to issue or cancellation of licences.

(Subsection amended by 2 of 1945, s. 72, 11 of 1949, s. 3, and 6 of 1961, s. 2.)

(2) Notwithstanding anything contained in subsection (1) or in any other section of this Act, regulations made under this section may, in so far as they relate to milk, provide for the taking, analysis and examination of samples thereof, and may modify the provisions of this Act in respect of those matters.

31. Nothing in this Act contained shall repeal or modify the provisions of the Penal Code, the Public Health Act or any Liquor Act for the time being in force.

All Government medical practitioners are appointed to be inspectors for the purposes of the Pure Food Act.

4. Preservatives
5. Colouring and flavourings
6. Artificial sweetening substances
7. Poisonous metals

8. Persons handling food
9. Places for the preparation, storage, carriage and sale of food
10. Insecticides and vermin exterminators
11. Packages and containers
12. Boiler compounds

13. Wholemeal flour, wheat-germ meal, flour and self-raising flour
14. Bread
15. Rice

16. General standard for meat
17. Salted, pickled, corned or smoked meat
18. Dripping
19. Lard
20. Shredded suet
21. Minced-meat, sausage-meat and saveloy sausage-meat

22. Edible fats and oils (general standard)
23. Margarine
24. Mustard oil
25. Peanut oil
26. Coconut oil

27. Licensing
28. Milk (general standard)
29. Raw milk
30. Pasteurized milk
31. Sterilized milk
32. Reconstituted milk
33. Dried milk
34. Dried skim milk or dried separated milk
35. Milk substitutes
36. Condensed milk
37. Condensed skim or separated milk
38. Water, etc., not to be carried on milk vehicles
39. Ghee
40. Milk fat, butter-fat, butter-oil (anhydrous)
41. Whey butter
42. Butter
43. Renovated, milled or process butter
44. Blended butter
45. Milk shakes or milk beverages
46. Cream
47. Coffee cream
48. Infants' food
49. Invalids' food

56. Preserved fruit
57. Jams and conserves
58. Marmalade
59. Mixed jam
60. Fruit jelly

61. Potable water
62. Aerated waters
63. Fruit juice
64. Fruit squash
65. Fruit syrups
66. Yagona or kava

69. General standard for salt
70. Iodized salt
71. General standards for spices and seasonings
72. (Revoked)
73. Analyst's certificate

Regulations 16 June 1961, 5 October 1961, 8 February 1962, 25 May 1964,
Legal Notices Nos. 73 of 1967, 103 of 1974, 172 of 1977

"label" means any written, pictorial or other descriptive matter appearing on or attached to any package containing a food for sale;

"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 evidence of putrefaction, and includes formaldehyde, boric acid, hydro-fluoric acid, hydrofluosilicide acid, sulphurous acid, benzoic acid, salicylic acid, betanaphthol, formic acid, and preparations, compounds, and derivatives of the said substances or any of them;

(b) where an alcoholic strength is stated as a percentage of alcohol this shall mean parts per cent of ethyl alcohol by volume at 60 degrees Fahrenheit.

3.—(1) Except as hereinafter provided, every package containing any food shall bear a label containing, in bold-faced sans-serif capital letters of not less than six-point face measurement in such colours as to afford a distinct colour contrast to the ground colour of the label, the following particulars, namely:—

(b) such particulars as to the presence in the food of any preservative colouring, flavouring or artificial sweetening substance as are required by these Regulations;

(c) such other particulars as are required by these Regulations to be given in the case of any particular article;

(d) the name and address of the manufacturer of the article or of the seller of the article, or of the owner of the rights of manufacture, or of the agent of any of them:

Provided that an address which is only a telegraphic or code address or an address at a post office shall not be deemed to be an address for the purposes of this paragraph.

(2) If any claim is made as to the presence of vitamins or mineral salts in any food there shall be written in the label on every package containing such food, a statement setting out separately in respect of each such vitamin the amount thereof in international units in a stated quantity of the food, and separately in respect of each such mineral salt the amount present in parts per cent.

(3) The label shall not contain any statement, claim, design, device or abbreviation which is false or misleading in any particular concerning the articles or the ingredients or substances contained therein, or concerning the quality or the physiological or therapeutic action or the food value of or the place of origin of the said ingredients or substances.

(4) The label shall not include any comment on, reference to or explanation of any statement required by the Act or by these Regulations which, directly or by implication, contradicts, qualifies or modifies such statement or the contents of such label.

(5) No person shall sell any food contained in any package on which the word "pure", or expressions which include the said word, are written, unless the food is of the composition, strength, purity or quality prescribed in the Act and by these Regulations, and unless it be free from any added or foreign substance save as specifically permitted by these Regulations.

(6) The following shall be the sizes and descriptions of the letters required by these Regulations to be used in labels—

72-point	48-point	36-point	24-point	18-point	12-point	10-point	8-point	6-point
A	G	J	B	C	U	D	S	U

4.—(1) No person shall sell any article of food to which has been added a preservative substance the addition of which is not specifically permitted by these Regulations.

(2) No person shall sell any article of food to which has been added a quantity of preservative substance exceeding the quantity permitted by these Regulations.

(3) No person shall sell any article of food in one package or sell any mixture of two or more kinds of food in one package, to which article or mixture more than one kind of preservative substance has been added.

(4) There shall be written in the label attached to every package containing any food mixed with a preservative substance, in bold-faced sans-serif capital letters of not less than six-point face measurement, a statement in the following form:—

(5) This regulation shall not apply to the following substances when added to food:—

Salt (sodium chloride), salt-petre (potassium and sodium nitrate), sugar, spices, wood-smoke, vinegar, acetic acid, alcohol or potable spirits, herbs, hop extract, essential oils, lactic acid and glycerin.

5.—(1) No person shall sell any food with which is admixed any colouring substance or any flavouring substance, unless there is written in the label attached to any package of food so coloured or so flavoured, in bold-faced sans-serif capital letters of not less than six-point face measurement, a statement in that one of the three forms following which indicates the fact of admixed colouring, or of admixed flavouring, or of both, as the case may require:

(2) No person shall sell any food to which has been added any flavouring substance or colouring substance which is of a harmful nature.

6.—(1) No person shall sell any food containing saccharin, saxin, dulcin, glucin or any synthetic sweetening substance, except as specifically allowed by these Regulations.

(2) There shall be written in bold-faced sans-serif capital letters of not less than ten-point face measurement on the label borne on every package containing any food mixed with an artificial sweetening substance, a statement in the following form:—

7. No person shall sell any food containing antimony, arsenic, lead, tin or any other poisonous metal or any compound of any one or more of them:

Provided that any food specified in the following list may contain not more than the quantities of the metals or their compounds specified in each case:—

FOOD	PERMISSIBLE AMOUNTS (Parts per million by weight)
FOOD	ARSENIC (calculated as Arsenious oxide)	LEAD (calculated as metal)	TIN (calculated)
Ale, beer and stout .....................	0.2	2	Nil
Fish and meat, canned................	Nil	Nil	250
Fruit and fruit products, canned .	Nil	Nil	250
Honey........................................	1.5	20	250
Non-fermented beverages............	Nil	2	Nil

8.—(1) Every person who is engaged in the manufacture, preparation, storage, packing, carriage or delivery of food for sale shall, when so engaged, maintain his clothing and his body clean.

(2) No person who is suffering from any infectious or contagious disease, skin eruption, consumption (phthisis) or any loathsome or venereal disease, or who is wearing unclean or medicated bandages, shall engage in the manufacture, preparation, storage, packing, carriage or delivery for sale of any food.

(3) No person shall spit, and no person shall smoke or chew tobacco while engaged in the manufacture, packing or storing of any food for sale, and no person shall urinate, spit, or smoke or chew tobacco in any place used for the manufacture or preparation of such food:

Provided that this regulation shall not apply to the packing, carriage or storing of any food which at any time of packing, carriage or storing is enclosed in an hermetically sealed container.

9.—(1) Food for sale, and every receptacle, implement, vehicle, article, utensil, tool of trade, bench, fitting, machinery or other appliance, and every place used for or in connection with the manufacture, preparation, storage, packing, carriage or delivery of any food for sale shall at all times—

(2) No person shall manufacture, prepare, pack, store, or offer or expose for sale any article of food in any place which is at any time used as a sleeping apartment, or living apartment, or which is in direct communication with or can directly ventilate into, any stable, urinal, privy or water-closet, or in any place in which anything is kept, or any animal allowed to be, or any work carried on, which would be likely to contaminate such article of food or injuriously affect its wholesomeness or cleanliness. Every place used for or in connection with the sale, manufacture, preparation, storage or packing of any food for sale shall, as far as practicable, be used for that purpose only.

(3) Vehicles and receptacles which are used in the carriage or delivery of any food for sale shall be kept at all times clean; no such vehicle or receptacle shall at any time be used for the carriage of any matter whereby the wholesomeness, cleanliness or freedom from contamination of any food carried or usually carried therein would or might be endangered.

(4) Every person who uses any room, compartment, premises or place for or in connection with the manufacture, preparation, packing, storage, carriage or delivery for sale of any article of food, shall keep such room, compartment, premises or place clean, free from foul odours and reasonably free from rats, mice, cockroaches, flies, bugs and all other insects and vermin, and shall cause the walls and all floors and ceilings to be properly constructed of cement concrete with a smooth surface, or with well smoothed wood, or other suitable approved material and such floors, walls, and ceilings shall be kept in good repair.

(5) No person shall use any vessel or copper which is used for boiling clothes, for the preparation of food for sale.

(6) No person shall use any vessel, receptacle, appliance or vehicle in connection with the preparation, storage, packing, carriage or delivery of any food for sale unless such receptacle, vessel, appliance or vehicle is constructed of such material and in such a manner as to be easily cleansed and kept clean and is in good repair.

(7) No person shall store, transport or deliver for sale any frozen food except in such plant or vehicles and in such a temperature as will not permit of deterioration:

Provided that it shall be a good defence to a charge under this paragraph for the defendant to prove that the frozen food was stored, transported or delivered for sale in a temperature generally accepted in the trade as a proper temperature.

(8) The owner or occupier of premises used for the manufacture, preparation or storage of any food for sale which, by reason of their situation, construction or disrepair are not such as to preserve such food, as far as possible, free from contamination, wholesome and clean, shall on receipt of notice signed by an inspector requiring him so to do, cease to use, or shall reconstruct, or shall repair, the premises as directed in and within the time specified in the notice.

(9) Every person who sells or exposes or causes to be exposed for sale in the open air any food shall—

(a) take all such steps as may be reasonably necessary to protect the food from dust, dirt, mud, filth, dirty water, dirty ice, animals, insects and other sources of contamination including contamination by other persons, and in particular shall cause the food to be so placed as to prevent risk of contamination from such sources;

(b) clean or cause to be cleaned, as often as may be reasonably necessary to prevent risk of contamination of the food, all counters, slabs, fittings, apparatus, stoves, ranges, utensils, containers, crockery, glassware, cutlery and surfaces in which such food is or is likely to be or with which such food is or is liable to come into contact.

(10) No person who sells or exposes or causes to be exposed for sale in the open air any food shall—

(a) deposit or cause to be deposited any refuse or filth whether solid or liquid except at a sufficient distance from any food to prevent risk of contamination of such food;

(b) expose or cause to be exposed such food for sale unless there is suitable and sufficient lighting, either natural or artificial, to enable him to ensure that these Regulations are complied with.

(11) Every person who carries on any trade or business in which food is exposed for sale on a stall or in a container in the open air shall—

(a) cause every part of the stall and its fittings and every container to be kept in such good order and condition as to prevent as far as is reasonably necessary the absorption of any food, material or refuse which may be spilled, splashed or deposited thereon or brought into contact therewith, and as to make it possible for such stall and its fittings or such container to be thoroughly cleaned;

(b) have his name and address legibly and conspicuously displayed on the stall or container.

(12) No person shall prepare, carry, store, transport, sell or deliver any food for sale in contravention of any of the provisions of this regulation.

10. No person shall keep, spread or use, or suffer to be kept, spread or used, any preparation containing arsenic, strychnine or other poison, so as to expose any food for sale to risk of contamination thereby.

11.—(1) No package, container or article used for manufacturing keeping or holding a moist food substance shall have in contact with the food a surface composed of lead or zinc, or of material likely to yield any poisonous or injurious substance.

(2) No bottle which has previously contained kerosene, benzine, methylated spirits, insecticide or other poisonous substance shall be re-used for the packaging of any food for sale.

(3) If a package or container be made of tin-plate, it shall, if soldered, be outside soldered.

(4) No meat, meat product or fish, with the exception of tinned or packaged meat, meat product or fish, shall be sold to a consumer unless such meat, meat product or fish is first wrapped in clean material which is impermeable both to moisture and odour or in sufficient clean grease-proof or waxed paper to protect it adequately from contamination.

12.—(1) No person shall use, or cause or suffer to be used, in any boiler for producing steam which is brought into contact with food in the process of manufacture for sale, any boiler preservative containing any of the following substances or compounds of them:—

(2) No person shall cause, suffer or permit the water of any boiler which, by priming or otherwise, may come into contact with food for sale, to contain any harmful substance in any larger proportion than that in which it is allowed by these Regulations to be present in food.

13.—(1) Wholemeal flour, or wheatmeal shall be the product obtained in the commercial milling of cleaned and sound wheat. It shall contain in their natural proportions all of the constituents of such wheat.

It shall not contain any added or foreign substance. A mixture of flour and bran shall not be sold as wholemeal flour.

(2) Wheat-germ meal shall be the germ or embryo of the wheat-grain together with the limited amounts of flour and bran unavoidably remaining after milling.

(a) Flour, wheat-flour or white flour shall be the fine-ground product obtained in the commercial milling of clean and sound wheat. It shall consist essentially of the starch and gluten of the endosperm of such wheat. It shall contain—

(iv) not more than two and five-tenths parts per million of nitrite calculated as sodium nitrite (NaNO₂).

It shall contain no other added or foreign substance in particular the presence of persulphate in any form;

(b) flour specifically sold or used for the making of bread may contain (calculated on a dry basis) calcium phosphate (calculated as CaH₄(PO₄)₂) in amount not exceeding three-tenths of one part per cent and/or calcium sulphate in amount not exceeding two twenty-fifths of one part per cent. It may also include such minute amounts of other approved salts as serve solely as yeast nutrients.

(a) Self-raising flour shall be whole wheat-flour and/or white flour with or without the addition of not more than ten parts per cent of other wholesome foodstuffs, to which baking powder has been added.

It shall liberate not less than forty-five grains of carbon dioxide per pound when moistened and heated. It shall contain not more than ten grains per pound of sulphates calculated as calcium sulphate;

(b) every package containing any self-raising flour, or other flour to which a chemical leaven has been added, shall have in the label, immediately following the name of the food, the words—

as the case may require, in bold-faced sans-serif capital letters of not less than six-point face measurement.

14.—(1) Bread shall be the product obtained by properly baking a leavened and kneaded mixture of wholemeal flour and/or white flour, potable water, yeast and salt, with or without the addition of milk, milk product, malt extract or edible fat. It shall contain—

(c) not more than two-tenths of one part per cent of ash insoluble in decinormal hydrochloric acid.

Ten grams of the crumb taken from any part of the loaf shall not contain more acid than is required to neutralize 0.009 grams of sodium hydroxide:

Provided that the presence of calcium phosphate and calcium sulphate in amounts not exceeding those allowed in sub-paragraph (b) of paragraph (3) of regulation 13 shall not be deemed to be a contravention of these Regulations.

(2) Whole-wheat bread, wholemeal bread or wheatmeal bread shall be bread prepared from whole-wheat flour or whole-wheat flour to which has been added not more than ten parts per cent of white flour. It shall conform with the general standard for bread.

(3) Brown bread shall be bread prepared from a mixture of whole-wheat flour and white flour containing not less than sixty parts per cent of whole-wheat flour. It shall conform with the general standard for bread.

(4) White bread shall be bread prepared from white flour. It shall conform with the general standard for bread.

15.—(1) Rice shall be hulled grain of Oryza Sativa. It shall not contain any added or foreign substance.

(2) Polished rice shall be rice polished with or without talc. It may contain glucose, not more than half of one part per cent of talc, and not more than a trace of harmless colouring matter. It shall not contain any other added or foreign substance.

(3) Rice-flour or ground-rice shall be the meal obtained by grinding husked rice. It shall yield not more than one and five-tenths parts per cent of ash. It shall not contain any added or foreign substance.

16.—(1) Meat shall be the properly dressed, wholesome, edible parts of any healthy, well-conditioned and properly slaughtered animal or creature.

(2) Fresh meat and chilled meat shall be meat the temperature of which has not been reduced to below 32° Fahrenheit.

(3) Frozen meat shall be meat the temperature of which has been reduced below 32° Fahrenheit.

17.—(1) Salted, pickled or corned meat shall be meat prepared with salt, saltpetre (potassium or sodium nitrate) sodium or potassium nitrite, sugar, vinegar or spices either singly or in combination.

(3) There shall be written in the label attached to every package which contains smoked or preserved meat or meats a statement of the name or names of the contained meats in bold-faced sans-serif capital letters of not less than six-point face measurement.

(4) Potassium or sodium nitrite may replace or be used in combination with potassium or sodium nitrate, but not in larger proportion than one grain per pound calculated as KNO₂:

Provided that the total amount of nitrate and nitrite shall not be greater than fourteen grains per pound and the amount of nitrite (calculated as KNO₂) present in the finished product shall not exceed one grain per pound.

18. Dripping shall be the clean rendered fat of meat. It shall contain no added substance. It shall be free from rancidity and shall contain not more than two parts per cent of free fatty acids calculated as oleic acid and not more than one part per cent of foreign matter.

19. Lard shall be the clean rendered fat obtained from the meat of the pig, and shall be free from rancidity. It shall contain not more than two parts per cent of free fatty acids calculated as oleic acid.

20. Shredded suet shall be prepared by mixing beef suet or mutton suet with a wholesome farinaceous substance. It shall not contain more than twenty parts per cent of such farinaceous substance. It shall not contain any other added or foreign substance and shall be free from rancidity.

21.—(1) Minced-meat, sausage-meat or saveloy sausage-meat shall be chopped or comminuted meat, with or without salt, sugar, spices, herbs, saltpetre (potassium or sodium nitrate) and wholesome farinaceous substances. They shall contain not less than seventy-five parts per cent of meat of the kind or kinds designated in the label attached to the outside of the package in which they are contained, and not more than six parts per cent of starch:

Provided that if minced-meat, sausage-meat or saveloy sausage-meat be sold enclosed in a skin of animal origin, the said skin shall be deemed to be an integral portion of the said meat.

(2) Saltpetre (potassium or sodium nitrate) shall not be mixed with minced-meat, sausage-meat and saveloy sausage-meat in any larger proportion than fourteen grains per pound calculated as KNO₃. Potassium and sodium nitrite may replace or be used in combination with potassium or sodium nitrate, but not in larger proportion than one grain per pound calculated as KNO₂.

(a) The addition to minced-meat and sausage-meat or saveloy sausage-meat of the preservative substance sulphur dioxide (or sulphites calculated as sulphur dioxide) in proportion not exceeding three and five-tenths grains to the pound is hereby permitted.

(b) the addition to cooked, smoked, or dried sausage-meat of the preservative substance, or a preparation of the preservative substance, sulphur dioxide (or sulphites calculated as sulphur dioxide) in proportion not exceeding one and eighth-tenths grains to the pound is hereby permitted.

22.—(1) Edible fats and edible oils shall be the fats and oils commonly recognised as wholesome food stuffs. They shall be free from rancidity and decomposition and from offensive odour and taste. They shall not contain any mineral oil or vegetable oil of the drying class, nor more than one part per cent of water. They shall contain not more than one part per cent of free fatty acids calculated as oleic acid:

(2) There shall be written on the label attached to every package which contains any edible oil, edible fat or mixture of such fats or oils of diverse origin, a statement, in bold-faced sans-serif capital letters of not less than six-point face measurement on packages containing less than one gallon and of not less than eighteen-point face meaurement on packages containing not less than one gallon, of the kind or kinds of fats and oils which the package contains:

(a) nothing in this paragraph shall apply to a package containing butter, the labelling of which shall be as required by the Board;

(b) nothing in this paragraph shall apply to a package containing margarine, the labelling of which shall be as required by regulation 23.

(a) Margarine shall be any substance prepared from animal fat (other than milk fat or butterfat) and/or vegetable fat or oil in imitation or semblance of butter, which is intended for human consumption;

(2) Every person dealing in margarine whether by wholesale or by retail and whether as manufacturer, importer, consignor, consignee, commission agent or otherwise shall conform with such of the following provisions as may be applicable, that is to say:—

(a) every container containing margarine shall have the word "MARGARINE" or "MARJARINE" branded or durably marked on the bottom and sides, and also, if it be closed, on the top thereof, in block letters not less than seventy-two point face measurement, the brand or mark being on the container itself and not only on a label, ticket or other thing attached thereto;

(b) there shall be attached to every parcel of margarine exposed for sale by retail, in such manner as to be clearly visible to a purchaser, a label marked "MARGARINE" or "MARJARINE" in bold-faced sans-serif capital letters not less than seventy-two point face measurement and larger than any other letter on the label;

(c) margarine when sold by retail in quantities in excess of one quarter pound shall be delivered to the purchaser in a paper wrapper with the word "MARGARINE" or "MARJARINE" printed on the outside of the wrapper, or, if more wrappers than one are used, on the outside of the outer wrapper, in bold-faced sans-serif capital letters not less than eighteen-point face measurement and larger than any other letters printed on the wrapper:

Provided that this sub-paragraph shall not apply where margarine is sold in a container branded or durably marked as aforesaid;

(d) where margarine to which any vitamin has been added is sold or exposed for sale, there shall also be printed on any label or wrapper required by the provisions of sub-paragraphs (b) and (c) a statement setting out separately in respect of each such vitamin the amount thereof in international units in a stated quantity of margarine.

(3) The manufacturer of any margarine for consumption in Fiji shall thoroughly mix therein—

(a) not less than one part of potato starch, Queensland arrowroot (canna edulis) starch, or other starch approved by the Board, to each one thousand parts of margarine; or

(b) not less than five parts of sesame oil to each one hundred parts of margarine.

24.—(1) Mustard oil shall be the oil obtained by expression from the sound mature seed of the cultivated plants known as Brassica nigra, Brassica Alba, Brassica juncea, Eurca sativa, and from varieties of these species. It shall have a specific gravity of from 0.913 to 0.921 at a temperature of 15.5° centigrade; a refractive index of from 57.1 to 63.2 (butyro scale) at a temperature of 40° centigrade; a saponification value of from 169 to 180 and an iodine value of from 96 to 124. It shall conform with the general standard for edible fats and oils.

(2) The word "mustard" or any expression which includes the word mustard shall not be written on or attached to any package containing any edible oil for sale which does not conform with the standard for mustard oil and with the general standard for edible fats and oils:

Provided that this paragraph shall not apply to a statement of the kinds of oil contained in a mixture of edible fats and oils required by paragraph (2) of regulation 22.

25.—(1) Peanut oil shall be the fixed oil obtained by expression without heat from the seeds of Arachis hypogoea. It shall have a specific gravity of from 0.911 to 0.926 at a temperature of 15.5 degrees centigrade, a saponification value of from 185 to 196, and iodine value of from 82 to 105, and a refractive index of from 51.7 to 57.9 (butyro scale) at a temperature of 40 degrees centigrade. It shall contain not more than 5 parts per cent of free fatty acids, calculated as oleic acid, and shall otherwise conform to the general standard for edible oils and fats. It must not be exposed to air.

(2) The word "peanut" or any expression which includes the word "peanut" shall not be written on or attached to any package containing any edible oil for sale which does not conform with the standard for peanut oil and with the general standard for edible fats and oils:

Provided that this paragraph shall not apply to a statement of the kinds of oil contained in a mixture of edible fats and oils required by paragraph (2) of regulation 22.

26.—(1) Coconut oil shall be the oil obtained from the kernels of nuts of Cocos nucifera. It shall have a specific gravity of from 0.917 to 0.919 at a temperature of 25 degrees centigrade or from 0.869 to 0.874 at a temperature of 99 degrees centigrade; a refractive index of from 33.9 to 36.7 (butyro scale) at a temperature of 40 degrees centigrade; a saponification value of from 250 to 265; an iodine value of from 7 to 10.5; a Reichert value of from 6 to 8.4 and a Polenske value of from 14 to 20. It shall contain not more than 5 parts per cent of free fatty acids, calculated as lauric acid, and shall otherwise conform to the general standard for edible oils and fats.

(2) The word "coconut" or any expression which includes the word "coconut" shall not be written on or attached to any package containing any edible oil for sale which does not conform with the standard for coconut oil and with the general standard for edible fats and oils:

Provided that this paragraph shall not apply to a statement of the kinds of oil contained in a mixture of edible fats and oils required by paragraph (2) of regulation 22.

27.—(1) It shall be an offence for any person to conduct on any premises the business of pasteurizing or sterilizing milk for sale, unless he is the holder of a current licence in respect of such premises.

(3) Every licence granted under these Regulations shall be subject to the general conditions set out in the First Schedule.

(4) In addition to the general conditions, every licence authorising the use of the designation "Pasteurized" shall be subject to the conditions set out in the Second Schedule and every licence authorising the use of the designation "Sterilized" shall be subject to the conditions set out in the Third Schedule.

(5) Application for the issue or renewal of a licence shall be made in writing to the Board in the form contained in the Fourth Schedule. Applications shall be lodged with the Pure Food Inspector of the Division in which the premises lie, who will thereupon cause an inspection to be made of the premises, equipment and plant and will send his recommendations thereon to the Board with any such report as may be necessary.

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

(7) The Board may refuse to issue or renew any licence in respect of premises which do not conform with the requirements of these Regulations.

(9) The Board may refuse to issue a licence to or renew the licence of any applicant who during the period of twelve months immediately preceding the date of application for such issue or renewal has been convicted on at least two occasions of offences against these Regulations.

(10) A licence shall, unless cancelled, remain in force until 31 December next following the date on which it is expressed to come into force.

(11) The Board shall cause to be kept a register of licences issued, renewed, cancelled or transferred.

(12) 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 twelve months immediately preceding the date of application for such transfer has been convicted on at least two occasions of offences under these Regulations.

(13) If it appears that any premises licensed for pasteurizing or sterilizing milk are not maintained, kept or constructed in accordance with the provisions of these 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, cancel the licence.

(14) No such cancellation shall prevent the making of a fresh application by the original licensee or any other person for a licence in respect of the same premises.

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

(16) The licensee may within fourteen days of the date of the above cancellation appeal by petition in writing to a resident magistrate^[1] against such cancellation and on appeal the magistrate may confirm or rescind such cancellation, but the fact that an appeal is pending against the cancellation of a licence shall not in itself operate to rescind the cancellation.

28. Milk or normal milk shall be the normal clean and sweet secretion obtained by emptying the udder of a healthy cow properly fed and kept and regularly milked, excluding that got during the seven days immediately following on parturition. It shall contain not less than eight and five-tenths parts per cent of milk solids other than fat, and three and two-tenths parts per cent of milk fat. It shall not contain any added water nor any other added or foreign substance. It shall have a freezing point depression determined by means of the Hortvet Cryoscope between the limits minus point 533 to minus point 555 degrees centigrade.

29. Raw milk shall be as defined in regulation 28 which has not at any stage been treated by heat or in any other manner likely to affect its nature of qualities. The bacterial condition of the milk shall be such that, when subjected to the methylene blue test carried out in the manner prescribed in Part II of the Fourth Schedule, it shall not completely decolourize the methylene blue in less than three hours.

30. Pasteurized milk shall be milk as defined in regulation 28 which has been efficiently heat-treated either by the holding method or by the high-temperature short-time method, as described in the Second Schedule, and shall be subject to the conditions set out in the said Schedule. It shall not be heated more than once and its bacterial condition shall be that prescribed for milk in regulation 29.

31. Sterilized milk shall be milk which has been treated in the manner prescribed in the Third Schedule and shall be subject to the conditions set out in the said Schedule. It shall satisfy the turbidity test prescribed in Part III of the Eighth Schedule and shall contain not less than eight and five-tenths parts per cent of milk solids other than fat and have a standardized milk fat content of three and two-tenths parts per cent. In order that the fat content shall be so standardized it will be permissible in the case of milk so sterilized to add to or remove milk fat from the milk.

32.—(1) Reconstituted milk shall be the product prepared by suitable machinery from dried milk and potable water, or from dried skim milk, unsalted butter of good quality and potable water. It shall not contain less than three and two-tenths parts per cent of milk fat and not less than eight and five-tenths parts per cent of milk solids other than milk fat. It shall not contain any other added or foreign substance. It shall be homogenized and pasteurized and its bacterial condition shall be that prescribed for raw milk in regulation 29.

(2) Every package, can, vessel or measure which contains reconstituted milk for sale shall be conspicuously marked on the outside with the words "RECONSTITUTED MILK" in bold-faced sans-serif capital letters of not less than seventy-two point face measurement on the side, shoulder or neck of the package, can, vessel or measure.

(3) Nothing in paragraph (2) shall apply to the container of any milk-drink which is sold by retail sale without further preparation for consumption in a restaurant, refreshment room, shop or other premises.

(4) No person shall sell any reconstituted milk or the like otherwise than in accordance with the provisions of this regulation.

33.—(1) Dried milk shall be milk from which the water content has been removed as completely as possible by a process of heating. It shall not contain more than five parts per cent of water or any added or foreign substance. When it is mixed with water in the proportion set out in the label accompanying it, the resulting liquid shall conform with the composition of milk as laid down by regulation 28.

(2) There shall be written in bold-faced sans-serif capital letters of not less than six-point face measurement in the label attached to every packet which contains dried milk, directions for making with its contents milk of a composition at least equal to that milk or normal milk, as follows:—

"TO MAKE A FLUID NOT BELOW THE COMPOSITION OF (here insert "Milk or Normal Milk") ADD (here insert the number of parts) PARTS OF WATER BY VOLUME TO ONE PART BY VOLUME OF THIS MILK.":

Provided that this paragraph shall not apply to bulk supplies imported into Fiji where a statement is attached to the shipping papers giving information as to how the product should be reconstituted in order to comply with regulation 28.

(3) No person shall sell by retail sale any dried milk except in the air-tight sealed package in which it is imported.

(4) Where any package containing dried milk bears on the package or any label accompanying or attached to such package a statement giving a time-limit for the consumption of the contents of such package, no person shall sell the dried milk after the date of expiry stated on such package or label:

Provided that where a sealed tin from any consignment of dried milk the stated time-limit for consumption of which has expired is found on examination or analysis to be sound and non-rancid, permission may be granted by an inspector for the sale of such consignment.

34.—(1) Dried skim milk or dried separated milk shall be skim milk or separated milk from which the water content has been removed as completely as possible by a process of heating. When mixed in accordance with any label accompanying it or any notice displayed at the time and place of sale the resulting liquid shall contain not less than eight and eight-tenths parts per cent of milk solids other than milk fat.

(2) There shall be written in bold-faced sans-serif capital letters of not less than six-point face measurement in the label attached to every package which contains dried skim milk, directions for making with its contents a liquid of the standard prescribed in paragraph (1) as follows:—

"TO MAKE A LIQUID CONTAINING NOT LESS THAN EIGHT AND EIGHT-TENTHS PART PER CENT OF MILK SOLIDS OTHER THAN MILK FAT, ADD (here insert the number of parts) PARTS OF WATER BY VOLUME OF THIS MILK":

Provided that this paragraph shall not apply to bulk supplies imported into Fiji where a statement is attached to the shipping papers giving the information as to how the product should be reconstituted in order to comply with the standard laid down in paragraph (1).

(3) Every package which contains any dried skim milk or dried separated milk shall have attached to it a label across the face of which shall be written, in a straight line in bold-faced sans-serif capital letters of not less than forty-eight point face measurement, either the words "SKIM MILK" or the words "DRIED NON-FAT MILK", in such colours as to afford a distinct colour contrast to the ground:

Provided that where dried skim milk or dried separated milk is imported in bulk in sealed airtight containers and sold by retail sale direct from such a container being unsealed, it shall be lawful to dispense with the labelling of every package if there is prominently displayed a notice across the face of which shall be written, in a straight line, in bold-faced sans-serif capital letters of not less than seventy-two point face measurement, either the words "SKIM MILK" or the words "DRIED NON-FAT MILK", in such colours at to afford a distinct colour constrast to the ground.

(4) It shall be an offence to keep a receptacle containing dried skim milk or dried separated milk in such a manner as to expose the contents thereof to atmospheric pollution or humidity and for this purpose an airtight lid shall be firmly affixed on any such receptacle at all times except when the contents thereof are being served.

35.—(1) The container of any product which contains skim milk, skim milk powder or condensed skim milk and also contains (whether or not in addition to other substances) any fat other than butter-fat, shall be so labelled as to indicate clearly that it contains some fat other than butter fat.

(2) The provisions of paragraph (2) of regulation 34 shall not apply to a label on the container of such product but the label and any advertisement of such product shall comply with the following requirements:—

(a) they shall not refer to the product by any brand or descriptive name which includes the word "milk";

(b) they shall state what fat other than butter-fat is used as an ingredient and in what proportion to the whole;

(c) they shall contain the words "SHOULD NOT BE USED FOR BABIES EXCEPT UNDER MEDICAL ADVICE";

(d) notwithstanding the provisions of paragraph (2) of regulation 22 the words required by sub-paragraph (b) and (c) to be written on a label shall be in bold-faced sans-serif capital letters of not less than twelve-point face measurement.

(3) Nothing in this regulation shall apply to the container of any milk-drink which is sold by retail sale without further preparation for consumption in a restaurant, refreshment room, shop or other premises.

36.—(1) Condensed milk shall be milk concentrated by the evaporation of a proportion of its water content, with or without the addition of sugar. When condensed milk is mixed with water in the proportion set out in any label accompanying it the resulting liquid shall contain not less than three and two-tenths parts per cent of milk fat and not less than eight and a half parts per cent of milk solids other than milk fat.

(2) Unsweetened condensed milk shall contain not less than twenty-eight parts per cent of total milk solids and not less than eight parts per cent of milk fat. It shall be free from odours and colours foreign to raw milk. It shall not contain any added or foreign substance.

(3) Sweetened condensed milk shall contain not less than thirty-one parts per cent of total milk solids and not less than nine parts per cent of milk fat. It shall not contain any added or foreign substance except sugar.

(4) There shall be written, in bold-faced sans-serif capital letters of not less than six-point face measurement in the label borne on every package containing condensed milk the following directions:—

"TO MAKE A FLUID NOT BELOW THE COMPOSITION OF FRESH MILK WITH THE CONTENTS OF THIS PACKAGE, ADD (here insert the number of parts) PARTS OF WATER BY VOLUME TO ONE PART BY VOLUME OF THIS MILK".

37.—(1) Condensed skim-milk or condensed separated milk shall be skimmed or separated milk concentrated by the evaporation of a portion of its water content, with or without the addition of sugar. When condensed skim-milk or condensed separated milk is mixed with water in the proportion set out in any label accompanying it the resulting liquid shall contain not less than eight and eight-tenths parts per cent of milk solids other than milk fat.

(2) Unsweetened condensed skim-milk or unsweetened condensed separated milk shall contain not less than twenty-six and one-half parts per cent of milk solids other than milk fat. It shall not contain any added or foreign substance.

(3) Sweetened condensed skim-milk or sweetened condensed separated milk shall contain not less than twenty-six and one-half parts per cent of milk solids other than milk fat. It shall not contain any added or foreign substance except sugar.

(4) There shall be written in English, Fijian and Hindi in bold-faced sans-serif capital letters of not less than twelve-point face measurement in the label borne on every package containing any condensed skim-milk or condensed separated milk the words "UNFIT FOR INFANTS" or the words "NOT SUITABLE AS A BABY FOOD". The said words shall form the first words of the label, and no other word shall be written in the same line or lines. There shall also be written in bold-faced sans-serif capital letters of not less than forty-eight point face measurement across the face of the whole of the label, in a diagonal line, the words "SKIM MILK".

38. No person while carrying in any vehicle milk for sale or delivery to a customer shall carry or convey in the same vehicle water or stale milk or any fluid capable of being used for diluting or mixing with milk.

39.—(1) Ghee shall be the pure clarified milk fat of the buffalo or cow. It shall not be mixed with any foreign fat or oil. It shall have a specific gravity at 100 degrees centigrade compared with water at 15.5 degrees centigrade of from 0.863 to 0.866; a refractive index of from 40 degrees to 45.5 degrees (butyro scale) at a temperature of 40 degrees centigrade; a saponification value of from 226 to 240; an iodine value of from 27.5 to 45; a Reichert-Meissl value of from 23 to 32 with a corresponding Polenske value of from 1.6 to 3.5.

(2) The word "Ghee" or any expression which includes the word "Ghee" shall not be written on or attached to any package containing any edible fats for sale which does not conform with the standard for ghee and with the general standard for edible fats:

Provided that this paragraph shall not apply to a statement of the kinds of oil contained in a mixture of edible fats and oils required by paragraph (2) of regulation 22.

40.—(1) Milk fat, butter-fat, butter-oil, (anhydrous) shall be the clean non-rancid product obtained exclusively from butter or cream and resulting from the removal of practically the entire water and solids other than fat from butter or cream and shall contain not less than 99.3 parts per cent of butter-fat, and not more than 0.5 parts per cent of water. They shall have a specific gravity at 100 degrees centigrade compared with water at 15.5 degrees centigrade of from 0.863 to 0.866; a refractive index of from 40 degrees to 45.5 degrees (butyro scale) at a temperature of 40 degrees centigrade; a saponification value of from 226 to 240; an iodine value of from 27.5 to 45; a Reichert-Meissl value of from 23 to 32 with a corresponding Polenske value of from 1.6 to 3.5.

(2) The words, "milk fat, butter-fat or butter-oil" or any expression which includes the words "milk fat, butter-fat or butter-oil" shall not be written on or attached to any package containing any edible fat for sale which does not conform with the standard for milk fat, butter-fat and butter-oil and with the general standard for edible fats:

Provided that this paragraph shall not apply to a statement of the kinds of oil obtained in a mixture of edible fats and oils required by paragraph (2) of regulation 22.

(Inserted by Regulations, 5 October 1961; paragraph (1) amended by Legal Notice 73 of 1967.)

41.—(1) Whey butter shall be the clean non-rancid solid product obtained from the churning of whey containing no other fat than milk fat, with or without the addition of salt or iodized salt. It shall contain not less than 76 parts per cent of milk fat and not more than 20 parts per cent of water. It shall not contain any foreign fat or oil or any other foreign substance except salt or iodized salt or harmless colouring.

(2) There shall be written in the statement or label attached to every package which contains butter or whey butter consigned for export, in bold-faced sans-serif capital letters of not less than eighteen-point face measurement printed in such colours as to afford a distinct colour contrast to the ground the word "BUTTER" or the words "WHEY BUTTER" as the case may be together with a statement of the percentage of water contained in such butter or whey butter.

42. Butter shall be the clean non-rancid, solid product obtained by the churning of milk or cream, with or without the addition of salt or iodized salt. It shall contain not less than seventy-six parts per cent of milk fat and not more than twenty parts per cent of water. It shall not contain any foreign fat or oil or any other foreign substance except salt and iodized salt or harmless colouring matter.

43.—(1) Renovated, milled or process butter shall be the product obtained by melting and re-working, or re-churning and re-working butter, with the addition of milk, cream, water or any other substance. It shall conform with the general standard for butter.

(2) There shall be written in the statement or label attached to every package which contains renovated, milled or process butter, in bold-faced sans-serif capital letters of not less than eighteen-point face measurement, printed in such colours as to afford a distinct colour contrast to the ground, the words "RENOVATED BUTTER".

44.—(1) Blended butter shall be the product obtained by mixing various brands of imported or local butter. It shall conform with the general standard for butter.

(2) There shall be written in the statement or label attached to every package which contains blended butter, in bold-face sans-serif capital letters of not less than eighteen-point face measurement, printed in such colours as to afford a distinct colour contrast to the ground, the words "BLENDED BUTTER".

45. Milk shakes or milk beverages shall be composed of milk to which may be added cream, ice-cream, potable water, citric acid, tartaric acid, other wholesome foodstuffs and harmless colouring and flavouring substances. Milk shakes or milk beverages shall contain not less than two and eight-tenths parts per cent of milk fat and shall contain no coliform bacillus in one-hundredth of a millilitre.

46. Cream shall be that portion of milk in which, either through rest or mechanical separation, the greater part of the milk fat has become concentrated. It shall contain not less than thirty-five parts per cent of milk fat and shall not contain any added or foreign substance. It shall contain no coliform bacillus in one-hundredth of a millilitre.

47.—(1) Coffee cream shall be cream containing not less than twenty parts per cent of milk fat. It shall conform with the general standard for cream.

(2) There shall be written in the statement or label attached to every package which contains coffee cream, in bold-faced sans-serif capital letters of not less than twenty-four point face measurement, printed in such colours as to afford a distinct colour contrast to the ground, the words "COFFEE CREAM".

48.—(1) Any food described as an article of food suitable for infants shall be a substance or substances not containing any woody fibre, nor any mineral substance which is insoluble in acid, nor any preservative substance.

(2) In the label borne on every package containing infants' milk food which, when prepared as directed by any accompanying statement or label, contains more than one part per cent of starch, or which otherwise does not conform approximately in proportional composition with human milk, there shall be written in English, Fijian and Hindi in bold-faced sans serif capital letters of not less than six-point face measurement the words—

The said words shall be the first words of the label, and no other words shall be written in the same line or lines.

(3) In the label borne on every package containing infants' food there shall be written in bold-faced sans-serif capital letters of not less than six-point face measurement a statement in the following form:—

49.—(1) Any food described as an article of food suitable for invalids shall consist of food substances modified, prepared or compounded so as to possess nutritive and assimilative properties which render the article specially suitable for use as food by invalids.

(2) There shall be written in the label borne on every package containing invalids' food a statement of the ingredients on which the claim of special suitability for invalids, is based. In the case of a food described as suitable for persons suffering from diabetes, the proportion in parts per cent of carbohydrate present shall be stated.

50.—(1) Tea shall be the leaves and leaf-buds of species of Thea prepared by fermenting, drying and firing. It shall not contain any exhausted or partly exhausted leaves, or any foreign matter. The extract obtained by boiling the tea with one hundred parts by weight of distilled water for one hour shall be not less than thirty parts per cent. The ash obtained by incinerating in a porcelain crucible shall not be more than eight parts, per cent. The portion of the ash soluble in boiling distilled water, called the "soluble ash", shall be not less than three parts per cent. The above percentages are to be calculated on the weight of the tea, dried for three hours in a water bath, with the water kept briskly boiling.

(2) Tea dust and tea siftings or fannings, respectively, shall be the dust and the siftings and fannings of tea which conform with the general standard for tea. They shall yield not more than five parts per cent of ash insoluble in water.

(3) When tea is contained in a package on or attached to which is a statement or label describing the tea as the product of a particular country or district, such tea shall be the product of that country or district.

(2) Ground coffee shall be the roasted seed of one or more of the species of coffea, crushed, ground, or otherwise prepared so as to be suitable for making an infusion or decoction. Ground coffee shall contain not less than ten parts per cent of fat, nor more than one part per cent of saccharine matter and shall yield not more than six parts per cent of ash (of which the proportion soluble in water shall be not less than seventy-five parts per cent). It shall not contain any added or foreign substance.

(4) Coffee and chicory shall be a mixture of ground coffee and ground chicory. It shall contain not less than fifty parts per cent by weight of coffee. It shall not contain any added or foreign substance.

(5) There shall be written in the label attached to every package which contains coffee mixed with chicory the words "COFFEE AND CHICORY" in larger letters than those of any other word on the label, immediately followed by a statement of the percentage proportion in which the ingredients of the mixture are present, written in bold-faced sans-serif capital letters of not less than ten-point face measurement, in the following form:—

"CONTAINS NOT LESS THAN (here insert the number of parts per cent) PARTS PER CENT OF COFFEE".

(6) The word "Coffee" and expressions which include the word "Coffee" shall not be written on any statement or label written on or attached to any package which contains a mixture of coffee and chicory, unless it be conjoined with the words "and Chicory" and be uniformly written in the manner prescribed in paragraph (5).

(7) Coffee essence or coffee extract shall be an extract of coffee; it shall contain not less than one-half of one part per cent of caffeine.

(8) Coffee and chicory essence or extract shall be prepared from coffee and chicory, with or without other wholesome foodstuffs, and shall contain not less than fifty parts per cent of coffee essence or coffee extract.

(9) The word "Coffee" and expressions which include the word "Coffee" shall not be written in any label attached to any package which contains coffee and chicory essence or extract, unless they be conjoined with the words "and Chicory", nor unless the whole phrase "COFFEE AND CHICORY" be uniformly written in bold-faced sans-serif capitals of not less than ten-point face measurement, in dark ink on a light ground.

52.—(1) Cocoa beans shall be the seeds of theobroma cacoa, L; cocoa nibs, or cracked cocoa, shall be the roasted, broken cocoa bean, freed from its shell or husk, with or without the germ.

(2) Cocoa, cocoa paste, cocoa mass, or cocoa slab shall be the solid or semi-solid mass produced by grinding cocoa nibs. They shall contain not less than forty-five parts per cent of cocoa fat. The fat-free residue of cocoa paste shall contain not more than twenty-two parts per cent of starch natural to cocoa; not more than six and three-tenths parts per cent of crude fibre; not more than eight parts per cent of total ash; not more than five and five-tenths parts per cent of ash insoluble in water; and not more than four-tenths of one part per cent of ferric oxide.

(3) Cocoa or cocoa powder shall be powdered cocoa paste deprived or not of a portion of its fat. Their fat-free residue shall conform with the general standard for cocoa.

(4) Soluble cocoa or cocoa essence shall be the product obtained by treating cocoa paste, deprived or not of a portion of its fat, with alkali or alkaline salt. They shall contain not more than three parts per cent of added alkali or alkaline salt estimated as potassium carbonate, and their fat and alkali-free residue shall conform with the general standard for cocoa.

(5) Prepared, compounded, homeopathic or sweetened cocoa shall be cocoa or soluble cocoa mixed with other wholesome foodstuffs. They shall contain not less than twenty parts per cent of fat-free cocoa, and their fat-free cocoa content shall conform with the general standard for cocoa.

(6) There shall be written in the label attached to every package which contains prepared, compounded, homeopathic, or sweetened cocoa, or cocoa mixed with other wholesome foodstuffs, in bold-faced sans-serif capital letters of not less than eight-point face measurement, a statement in the following form:—

"PREPARED COCOA, COMPOUNDED COCOA, HOMEOPATHIC COCOA, OR SWEETENED COCOA CONTAINING NOT LESS THAN (here insert the number of parts per cent) PARTS PER CENT OF COCOA".

(7) Declaration of the presence of harmless flavourings in cocoa, chocolate, and preparations of cocoa and chocolate is not required.

(8) The addition of cocoa husks, any weighting substance, paraffin, or foreign fat to cocoa or to any preparation of cocoa is hereby prohibited.

(2) Granulated, loaf, cut, milled or powdered sugar shall contain at least ninety-eight parts per cent of sucrose.

54. Confectionery, sweets or sweetmeats shall be products made from sugar, glucose or other carbohydrate sweetening substances, with or without the addition of harmless colouring or flavouring substances and with or without other wholesome food substances such as butter, wholesome edible fats, eggs, milk, chocolate, nuts and fruits.

55.—(1) Ice cream shall be a foodstuff composed of milk, or dried or condensed or reconstituted milk, and cream, reconstituted cream or butter, and sugar, with or without eggs, fruit, other wholesome foodstuffs not expressly forbidden harmless flavouring substances, harmless colouring substances, liqueurs and spirits.

(2) Ice cream shall be sterilized by boiling, or be pasteurized by being kept at a temperature of not less than 156° Fahrenheit for twenty minutes or of not less than 165° Fahrenheit for ten minutes, cooled as rapidly as possible, then frozen.

(3) Ice cream shall contain not less than eight parts per cent of milk fat and shall contain no vegetable fat.

(4) After sterilization or pasteurization no substance shall be added to ice cream except that any chocolate, fruit, fruit pulp or fruit juice that has been treated by heat in the manner set out for ice cream in this regulation and subsequently stored in a sealed sterile container until used, may be added to the ice cream mix after the mix has been boiled and pasteurized.

(5) Frozen preparations which are sold as "Cream Blocks" or under any other descriptive title in which the word "cream" or any expression suggesting the presence of cream appears shall comply with the standard for ice cream prescribed by this regulation.

(6) Milk ices shall be any preparation of boiled milk or of condensed or reconstituted milk with or without any of the ingredients permitted in ice cream and containing not less than two parts per cent of milk fat, but otherwise complying with the standard for ice cream prescribed by this regulation.

(7) Frozen preparations which are sold as "Milk Blocks" or under any other descriptive title in which the word "milk" or other expression suggesting the presence of milk appears shall comply with the standard for milk ices prescribed by this regulation.

(8) Ice is the product obtained by freezing potable water. It shall be made, stored, handled and delivered under such conditions as to prevent its contamination.

(9) Ices, ice blocks or water ices shall be any preparation of potable water and harmless flavouring or harmless colouring substances with or without the addition of wholesome foodstuffs. All potable water and any other ingredients used in the preparation of ices, ice blocks or water ices shall be sterilized by being boiled.

(10) Ice cream, milk ices, milk blocks, ices, ice blocks or water ices shall contain not more than 50,000 bacteria per millilitre, and no coliform bacillus or pathogenic organism in one-tenth of a millilitre.

(11) No person shall manufacture, store or sell any ice cream, milk ice, milk block, ice, ice block or water ice in contravention of any of the provisions of this regulation.

(12) No person engaged in the manufacture, storage or sale of ice cream, milk ices, milk blocks, ices, ice blocks or water ices, which are not packed in a container, shall handle or serve the same except by using clean metal implements, utensils, tongs, dippers, spoons, ladles or scoops which immediately before each handling or service shall have been sterilized by immersion in clean water at temperature not less than 180 degrees Fahrenheit or clean water containing an approved sterilizing agent.

56.—(1) Preserved fruit shall be any sound fruit or fruit substance preserved either by drying or by immersion in fruit juice or in water, or in syrup, or by treatment with sulphur dioxide gas. It shall not contain any added or foreign substance except sugar and, in respect of dried fruits only, sulphur dioxides and/or glycerine and/or liquid paraffin:

Provided that harmless colouring matter may be added to raspberries, strawberries, cherries, or crystallized fruit.

(2) The presence of not more than fourteen grains of sulphur (or sulphites calculated as sulphur dioxide) per pound in dried fruits, unavoidably remaining from the process of bleaching, shall not be deemed to constitute a contravention of this regulation.

(3) There shall be written in the label attached to every package of preserved fruit the name or names of the fruit contained in the package in bold-face sans-serif capital letters of not less than eighteen-point face measurement; and in the case of dried fruit containing more than two grains of sulphur dioxide per pound there shall be written in the label immediately following the name of the fruit or fruits the word "SULPHURED" in bold-face sans-serif capital letters of not less than eighteen-point face measurement.

57.—(1) Jams and conserves shall be the products obtained by boiling one kind of sound fruit with sugar, with or without the addition of glucose. They shall not contain any added gelatine, starch or any other added substance except spices or apple juice:

Provided that the addition of permitted colouring matter to raspberry jam, strawberry jam, or plum jam, shall not be deemed a contravention of this regulation and that the proportion of added apple juice shall in no case exceed five parts per cent.

(2) There shall be written on the label attached to every package which contains jam or conserve in bold-face sans-serif capital letters of not less than eighteen-point measurement, the words "JAM" or "CONSERVE" as the case may require and the name of the fruit from which the contents of the package have been prepared.

58.—(1) Marmalade shall be the produce obtained by boiling sound citrus fruit or fruits with sugar, with or without the addition of glucose.

(2) There shall be written on the label attached to every package containing marmalade in bold-face sans-serif capital letters of not less than eighteen-point measurement the word "MARMALADE".

59.—(1) Mixed jam shall be the product obtained by boiling two or more varieties of sound fruits with sugar, with or without the addition of glucose. It shall not contain any added gelatine, starch or other added substance except spices or apple juice. The proportion of added apple juice shall in no case exceed five parts per cent.

(2) There shall be written on the label attached to every package which contains mixed jam in bold-faced sans-serif capital letters of not less than eighteen-point measurement the names of the fruits from which the jam has been prepared, and the fruit which is named first shall be present in the contents of the package in larger proportion than any other fruit.

60.—(1) Fruit jelly shall be the product obtained by boiling the juice of sound fruit with sugar, with or without the addition of glucose. It shall not contain any vegetable substance other than that derived from sound fruit of the variety or varieties designated in the label or any added starch, or other added substance.

(2) There shall be written on the label attached to every package which contains fruit jelly in bold-faced sans-serif capital letters of not less than eighteen-point measurement the words "FRUIT JELLY" and the name of the variety of fruit or the names of the varieties of fruits from which the contents have been prepared and where more than one variety of fruit is used in the preparation of the jelly the product of the fruit which is named first shall be present in the contents of the package in larger proportion than the products of any other fruit.

61. Potable water shall be clear, clean water which has been collected from a source or has undergone a process of purification approved by the Board or by an inspector appointed under the Act.

62.—(1) Aerated waters shall be filtered potable water impregnated with carbon dioxide, or with oxygen, or with both, under pressure, with or without admixture of salts of sodium, potassium, lithium, magnesium or calcium, singly or in combination. They shall not contain any lead or other poisonous metal, or any other added or foreign substance.

(2) Soda-water shall be filtered potable water impregnated with carbon dioxide, or with oxygen, or with both, with or without sodium bicarbonate. It shall comply with the general standard for aerated waters prescribed by paragraph (1).

(2) Fruit juice which is lemon juice shall contain in 100 millilitres of the juice not less than 5 grams of citric acid naturally present in the fruit.

(3) Fruit juice which is lime juice shall contain in 100 millilitres of the juice not less than 6 grams of citric acid naturally present in the fruit.

(4) To fruit juice the preservative substance sulphur dioxide (or sulphites calculated as sulphur dioxide) may be added in proportion not exceeding 2 grains to the pint, or the preservative substance sodium benzoate in proportion not exceeding 8 grains to the pint.

(5) There shall be written in bold-faced sans-serif capital letters of not less than twelve-point face measurement in the label borne on every package containing fruit juice the name or names of the fruit or fruits from which the juice has been prepared. If more than one kind of fruit juice is present the name of the fruit juice which is present in greatest proportion shall appear first.

64.—(1) Fruit squash shall be the product obtained by subjecting sound, ripe, fresh fruit, with or without the cortex and seeds, to pressure, and shall include the juice and some of the pulp.

(2) Fruit squash which is lemon squash shall contain in 100 millilitres of the squash not less than 1 gram of citric acid naturally present in the fruit. It may contain added sugar.

(3) Fruit squash which is lime squash shall contain in 100 millilitres of the squash not less than 1 gram of citric acid naturally present in the fruit. It may contain added sugar.

(4) To fruit squash the preservative substance sulphur dioxide (or sulphites calculated as sulphur dioxide) may be added in proportion not exceeding 2 grains to the pint, or the preservative substance sodium benzoate in proportion not exceeding 8 grains to the pint.

(5) There shall be written in the label borne on every package containing fruit squash the name or names of the fruit or fruits from which the squash has been prepared. If more than one variety of fruit squash is present, the name of the fruit squash which is present in greatest proportion shall appear first.

65.—(1) Fruit syrups shall be composed of the juices of sound fruit or fruits, potable water, and sugar or glucose, or both. They shall contain not less than thirty-five parts per cent of sugar, glucose, or sugar and glucose together. They may contain added glycerine in proportion not exceeding ten parts per cent. Except as is hereinafter permitted, they shall not contain any flavouring substances other than those naturally present in the fruit or fruits from which they have been prepared, but may contain harmless colouring substances.

(2) Lemon-juice syrup and lime-juice syrup shall contain in 100 millilitres of the syrup not less than 1.1 grams of citric acid naturally present in the fruit.

(3) To orange-juice syrup oil of orange may be added and to lemon-juice syrup oil of lemon may be added without declaration.

(4) To fruit syrups which do not contain any glycerine the preservative substance sulphur dioxide (or sulphites calculated as sulphur dioxide) may be added in proportion not exceeding 2 grains to the pint, or the preservative substance sodium benzoate in proportion not exceeding 8 grains to the pint.

66. Yaqona or Kava shall be the waka or dried roots, or the lewena or dried lower stem, of the Piper Methysticum Linn, suitably and hygienically ground to a fine powder. It shall not contain any added or foreign substance. When sold in liquid form it shall be the infusion obtained by mixing yaqona or kava with potable water, strained through clean muslin or other suitable and clean material.

67. The standard of strength for the alcoholic beverages hereunder described shall be as in each case set out—

(1) Malt ale or malt beer shall be a fermented liquid and shall contain not less than two parts per cent of proof spirit brewed from malted barley and hops exclusively.

(2) Ale, beer, porter or stout and all other fermented liquids made from malt shall be a fermented liquid, and shall contain not less than two parts per cent of proof spirit and not more than twenty parts per cent, brewed from a mash of malted or other grain and sugar and/or glucose with hops and/or other harmless vegetable bitters.

(3) Malt ale or malt beer, ale, beer, porter or stout shall not contain more than two grains of free sulphuric dioxide per gallon, or more than seven grains of benzoic acid per gallon.

68.—(1) Whisky means a spirit obtained by the distillation from a mash of cereal grains saccharified by the diastase of malt. It shall be not more than 25 degrees under-proof (that is not less than seventy-five per cent proof spirit).

(2) Brandy means a potable spirit distilled from fermented grape juice. It shall be not more than 35 degrees under-proof (that is not less than sixty-five per cent proof spirit).

(3) Rum means a spirit distilled direct from sugar-cane products in sugar-cane growing countries. It shall be not more than 25 degrees under-proof (that is not less than seventy-five per cent proof spirit).

(4) Gin means a spirit distilled from grain doubly rectified and then flavoured either by distillation with juniper berries or by the direct addition of an alcoholic extract of juniper berries. It shall be not more than 25 degrees under-proof (that is not less than seventy-five per cent proof spirit).

(5) Liqueur shall be beverages containing not less than twenty-five parts per cent of proof spirit together with flavouring substances, with or without sugar and harmless colouring substances.

(6) No person shall sell any package, or the contents of any package, in the label borne on which appears, either alone or in conjunction with some other word or words the word "Whisky" or the word "Brandy" or the word "Rum" or the word "Gin" or the word "Liqueur" or any word resembling any of these words, unless the contents of the said package comply with the standard for whisky, brandy, rum, gin or liqueur, as the case may be, as prescribed by this regulation.

69.—(1) Salt, common salt, or table salt shall be fine-grained crystalline salt containing, when calculated on a water-free basis, not more than one and four-tenths parts per cent of calcium sulphate, nor more than half a part per cent of calcium chloride or magnesium chloride, or both, nor more than one-tenth part per cent of substances insoluble in water.

(2) Salt may be specially prepared for table use by the addition of not more than one part per cent of magnesium carbonate.

(3) When magnesium carbonate is present in salt there shall be written in the label borne on every package containing such salt the words "Contains not more than one part per cent of magnesium carbonate".

70.—(1) Iodized salt shall be salt prepared for table or culinary use by the addition of potassium iodide or sodium iodide. It shall contain not less than three-quarters of one part and not more than one and five-tenths parts of iodide (calculated as potassium iodide) to every twenty thousand parts of salt.

(2) There shall be written in bold-faced sans-serif capital letters of not less than twelve-point face measurement in the label borne on every package containing iodized salt the word "IODIZED".

71. Spices and seasonings and mixtures thereof shall be sound, aromatic, vegetable substances used for seasoning food, from which no portion of any volatile oil or other flavouring substance naturally contained in them has been removed.

73. Every certificate given by an analyst of the result of his analysis shall be in the form prescribed in the Seventh Schedule.

(1) The holder of the licence shall so maintain and operate his arrangements and processes for pasteurizing or sterilizing, any milk for sale as to comply with all relevant provisions contained in the Pure Food Act and regulations including these Regulations and the Public Health Act and regulations.

(2) The holder of the licence shall take such measures as are adequate to ensure that the milk to which the licence applies is kept apart from all other milk at all times except when it is in separate sealed containers. In particular, he shall ensure that any vessel or apparatus which has been used for any other milk, whether raw milk or not, shall be cleansed on each occasion before it is used for the milk to which the licence applies:

Provided that such cleansing may be dispensed with in any case where, having regard to the special designation next to be used, the licensing authority so permits.

(3) Subject to the provisions of these Regulations the holder of the licence shall not for the purpose of the sale or advertisement of the milk to which the licence applies refer to it by any such description (other than the special designation authorised by the licence) as is likely to suggest that it is tested, approved or graded by any competent person.

(a) keep accurate records of the quantities of the milk or milk product purchased and sold and of the names and addresses of the person from whom the milk was purchased and to whom it was sold otherwise than by retail;

(b) retain such records for a period of twelve months from the date of the transaction to which the record applies;

(i) to inspect his arrangements and processes for the handling, treatment, storage and distribution of the milk at any place at which the milk is under the control of the holder of the licence;

(iii) to inspect any records which the holder is required to keep by the conditions subject to which the licence was granted.

The following is the method of pasteurizing milk in relation to which the special designation "Pasteurized" is used, as prescribed by regulation 30.

(a) retained at a temperature of not less than 145°F. (62.8°C) and not more than 150°F. (65.6°C) for at least 30 minutes and be immediately cooled to a temperature of not more than 50°F. (10°C); or

(b) retained at a temperature of not less than 161°F. (71.7°C.) for at least 15 seconds and be immediately cooled to a temperature of not more than 50°F. (10°C); or

(c) retained at such temperature for such period as may be specified by the Board.

2. The whole of the apparatus in which the milk is pasteurized, including the cooler, shall be so constructed as to secure the protection of the milk from risk of atmospheric contamination by dust or otherwise.

3. As from such date as the Board shall appoint, the temperature of the milk or of the medium by which the milk is to be maintained at any temperature shall be automatically controlled.

4. Any apparatus in which the milk is to be heated to and maintained at a temperature of more than 150°F. (65.6°C.) shall be provided with a device which shall automatically divert the flow of any milk which is not raised to the authorised temperature.

(a) Such indicating and recording thermometers as the licensing authority shall consider necessary shall be installed in suitable places in the apparatus in which the milk is pasteurized so as to indicate the temperature at which the milk is retained and to which the milk is cooled.

(b) The records of recording thermometers shall be dated and shall be preserved for a period of not less than one month.

(a) A sample of the milk taken in accordance with Part I of the Eighth Schedule after pasteurization and before delivery to the consumer shall satisfy the phosphatase test prescribed in Part II of that Schedule.

(b) A sample of the milk taken in accordance with Part I of the Eighth Schedule, after pasteurization and on the day of, but before delivery to the consumer, shall be of such bacterial condition as to comply with that prescribed for raw milk in regulation 29.

(a) Milk which is pasteurized in bottles shall be delivered to the consumer in those bottles, and milk which is pasteurized in containers other than bottles shall be put into the containers in which it is to be delivered to the consumer only—

(i) by a person holding a licence under these Regulations to use the special designation "Pasteurized" in relation to that milk; and

(b) Every container in which the milk is transported, exposed or offered for sale shall be conspicuously and legibly labelled or marked with the words "Pasteurized Milk".

The following is the manner of treating milk in relation to which the special designation "Sterilized" is used, as prescribed by regulation 31.

1. The milk shall be filtered or clarified, homogenized and heated to and maintained at such a temperature, not less than 212°F. (100°C.) for such a period as to ensure that it will comply with the turbidity test prescribed in Part III of the Eighth Schedule.

2. It shall contain not less than eight point five parts per cent of milk solids not fat, and the milk fat content shall be standardized at three point two parts per cent. In order that the fat content shall be so standardized it will be permissible in the case of milk so sterilized for the sterilizer to add to or remove fat from the milk.

3. The milk shall be treated as aforesaid in such a manner that on completion of the treatment the bottles shall be sealed with an airtight seal.

4. Such self-recording thermometers and pressure gauges as the licensing authority shall consider necessary shall be installed in suitable places in the apparatus so as to indicate the temperature or pressure to which the milk is raised or subjected, as the case may be. Temperature records shall be made and all such records shall be retained for a period of six months.

5. A sample of the milk taken in accordance with Part I of the Eighth Schedule after treatment and before delivery to the consumer shall satisfy the turbidity test prescribed in Part III of that Schedule.

6. Every bottle in which the milk is transported, exposed or offered for sale shall be conspicuously and legibly labelled or marked with the words "Sterilized Milk".

Every application to the Board for a licence in respect of premises to be used for the pasteurizing, or sterilizing of milk shall be in the following form:—

APPLICATION FOR A LICENCE/RENEWAL OF LICENCE* FOR PASTEURIZING OR STERILIZING MILK

I,........................................................... of .................................................................. hereby apply for a licence/renewal of licence* to use premises situated at ....................... for the purpose of .........................................................................................................

Dated this ....................... day of ....................................., 19.......................................

TO BE COMPLETED BY PURE FOOD INSPECTOR AND SUBMITTED TO SECRETARY, CENTRAL BOARD OF HEALTH

I have inspected the above premises and found them satisfactory/unsatisfactory*. I attach/do not attach* a separate report.

Applicant has ....................................... convictions during 19 .....................................

Date ......................................................., 19................................................................
....................................................................................................................................

Pure Food Inspector
_____________________________________________________________

Dated ......................................................., 19..............................................................

___________________________________________________________
*Delete as necessary

Every licence issued by the Board in respect of premises used for pasteurizing or sterilizing milk shall be in the following form:—

Licence No. ......................................................................................

Name ...............................................................................................

Premises at .......................................................................................

For the purposes of ...........................................................................

Date .................................., 19.........................................................

1. Samples may be taken at any time when the milk is in the possession of the producer or retailer.

2. When the milk is in containers not exceeding one quart in capacity the sample shall consist of one such container which shall be delivered intact to the testing laboratory.

3. When the milk is in containers exceeding one quart in capacity it shall be thoroughly stirred before sampling. The sample shall be taken from well below the surface of the milk. The instrument used for stirring and sampling shall be sterile.

4. The sample shall be poured into a sterile bottle which shall thereupon be immediately stoppered. The part of the stopper which may come into contact with the milk shall be sterile.

(a) The bottle or container containing any sample of milk shall be transferred forthwith to an insulated container which shall be packed with ice for transport to the laboratory. The sample shall be transported to the testing laboratory with the least possible delay.

(b) The test may be commenced at any time within a period of six hours after the time at which the sample is purchased or otherwise procured provided that the sample shall have been kept continuously in an ice-cooled box from the completion of taking the sample until the commencement of the test.

6. For the purpose of the identification of the sample in the laboratory the person taking the sample shall mark it with a number or other suitable identification mark and shall at the time of sampling enter in a book or on a paper the following particulars:—

1. Methylene blue tablets approved by the Board shall be used for the test. A solution shall be prepared by adding one tablet to 200 ml. of cold, sterile, glass-distilled water in a sterile flask, and by shaking until the tablet is completely dissolved and making up the solution to 800 ml. with cold, sterile, glass-distilled water. The resultant solution shall not be used if—

2. The amount of methylene blue required for a day's work shall be poured off from the stock bottle into a suitable glass container. The pipette used for transferring the methylene blue solution to the tubes of milk shall not be introduced into the stock bottle.

(a) Test tubes shall conform with the British Standard specification No. 625 (1935) 152/16 Nominal 6 inches by ⁵/₈ inch, having an internal diameter of 13.5 ± 0.5 mm., and being accurately marked at 10 ml. They shall be plugged with cotton wool, or covered with closely fitting aluminium caps, or stored in such other way as may prevent contamination.

(b) Pipettes shall be 1.0 ml. straight-sided blow out delivery pipettes and shall be plugged with cotton wool at the upper end.

4. The sample of milk shall be thoroughly mixed by inverting and shaking the sample bottle and the milk shall then be poured into a test tube up to 10 ml. mark, leaving one side of the interior unwetted with milk. 1 ml. of methylene blue solution shall be added without letting the pipette come into contact with the milk in the tube or with the wetted side of the interior of the tube. After a lapse of three seconds, the solution remaining in the tip of the pipette shall be blown out. The tube shall be closed with a rubber stopper with aseptic precautions. The tube shall then be slowly inverted twice so that the whole column of contained air rises above the level of the milk, and placed within five minutes in a water bath. The water in the bath shall be kept above the level of the milk in the test tube, and its temperature, which shall be between 37 degrees C., and 40 degrees C., shall be maintained as nearly uniform as possible by means of a reliable automatic thermo-regulator. The interior of the bath shall be kept completely dark.

5. To indicate when decolourization is commencing, and when it is complete, two control tubes shall be used for comparison with each batch of tubes containing the milk under test. One control tube shall be prepared by immersing in boiling water for not less than three minutes a properly plugged test tube containing 1 ml. of tap-water and 10 ml. of a mixture of milk having a fat content and a colour similar to that of the milk being tested, and a second control tube shall be prepared by immersing in boiling water for not less than three minutes, a properly plugged test tube containing 1 ml. of methylene blue solution and 10 ml. of a mixture of milk having a fat content and a colour similar to that of the milk being tested.

6. The tubes containing the milk under test and the control tubes shall be inspected at half-hourly intervals. At these inspections—

(a) any tube in which the milk has become decolourized shall be removed from the water bath;

(b) any tube in which decolourization has begun shall remain without inversion in the water bath until decolourization is complete; and

7. The time, within the limits of four and one-half hours or five and one-half hours, as the case may be, at which decolourization is observed, shall be recorded.

8. The milk shall be regarded as decolourized when the whole column of milk is completely decolourized or is decolourized up to within 5 mm. of the surface. A trace of colour at the bottom of the tube may be ignored provided that it does not extend upwards for more than 5 mm.

9. A sample shall be regarded as satisfying the methylene blue reduction test if it fails to decolourize the methylene blue in less than three and one-half hours.

I, .........................................................................................., an Analyst duly appointed under the provisions of the Pure Food Act, hereby certify that the seal on the sample of ....................................................................................................... received by me on the .................................. day of ................................................................, and marked ........................................................................................... was unbroken.

I further certify that I have analysed the said sample, and that the result of such analysis is as follows:-

Signed the ....................................... day of ......................................., 19 ...................

Analyst's signature ......................
Address .......................................

1. When a method of analysis is prescribed the analyst shall state that that method has been followed.

2. In the case of a certificate regarding milk, butter, or any other article liable to decomposition, the analyst shall in his certificate specially report whether, prior to the analysis, any change had taken place in the constitution of the article which would interfere with the analysis.

(a) when the milk (whether the special designation is used in relation to that milk or not) is in the possession of the pasteurizer or sterilizer as the case may be;

(b) when the milk is in the possession of a retailer and the special designation is being used in relation to that milk by him.

2. When the milk is in containers not exceeding one quart (1.14 litres) in capacity the sample shall consist of one such container which shall be delivered intact to the testing laboratory.

3 When the milk is in containers exceeding one quart (1.14 litres) in capacity it shall be thoroughly stirred before sampling. The sample shall be taken from well below the surface of the milk. The instruments used for stirring and sampling shall be sterile.

4 The sample shall be poured into a sterile bottle which shall thereupon be immediately stoppered. The part of the stopper which may come into contact with the milk shall be sterile.

5. Save where the testing laboratory is situated on the premises where the sample is taken, the bottle or other container containing the sample shall be cooled, for transport to the testing laboratory.

6. Samples shall be transported to the testing laboratory with the least possible delay and shall be delivered there on the day on which they are taken. If the sample does not arrive on the same day it shall be discarded.

7. For the purpose of the identification of the sample in the laboratory the person taking the sample shall mark it with a number or other suitable identification mark and shall at the time of sampling enter in a book or on a paper the following particulars:—

(b) the name and address of the pasteurizer, sterilizer or retailer as the case may be.

1. Samples of the milk shall be examined as soon as possible after arrival at the laboratory. If they are not examined on arrival at the laboratory they shall be kept at a temperature of between 32°F. (0.°C.) and 40°F. (4.4°C.) until examined. All samples shall be raised to room temperature immediately before being tested.

(b) phenols, disinfectants and detergents containing phenols and soap containing carbolic acid shall be kept apart from the test reagents and apparatus;

(d) rubber stoppers shall not be used until they have been shown by test not to contain phenolic impurities;

(f) a fresh pipette shall be used for each sample of milk. Pipettes shall not be contaminated with saliva;

(g) all reagents shall be kept in a cool dark place and shall be well protected from dust;

(a) by dissolving 1.09 g of disodium phenyl phosphate and 11.54 of sodium veronal (sodium diethyl barbiturate) in distilled water saturated with chloroform and by making up to 1 litre; or

(b) by adding one buffer-substrate tablet to about 45 ml. of boiling distilled water, boiling for exactly one minute, cooling rapidly, making up to 50 ml. with boiled distilled water and adding a few drops of chloroform.

The buffer-substrate solution shall be kept in a refrigerator. It may be used for a period not exceeding three days from the date of preparation.

(3) Folin and Cioccalteu's phenol reagent (stock). The reagent to be used shall be manufactured under arrangements made by the Board or shall be prepared in the following manner:—

Dissolve 100 g. of sodium tungstate Na₂WO₄2H₂O and 25 g. of sodium molybdate, Na₂MoO₄2H₂O, in 700ml. of distilled water in a 1500ml. flask connected to a reflux condenser by a ground glass joint, or, if that is not available, by a rubber stopper or cork wrapped in tin foil provided that the solution shall not come into contact with the tin foil. Add 50 ml. of syrupy (85%) phosphoric acid and 100 ml. of concentrated hydrochloric acid. Reflux the mixture gently for 10 hours, then cool, add 150 g. of pure lithium sulphate, 50 ml. of distilled water and from 4-6 drops of liquid bromine and leave 2 hours. Then remove the excess bromine by boiling the mixture under the hood without the condenser for 15 minutes. Cool, dilute to 1 litre with distilled water, and filter. If the finished reagent has a greenish tint, it shall be rejected; if it has a golden yellow colour with no greenish tint it shall be considered fit for use. The reagent shall be stored in a refrigerator and be protected from contact with dust, metal or any reducing substance. After 4 months from the date of preparation any remaining reagent shall be discarded and a fresh stock of reagent prepared.

(4) Sodium Hexametaphosphate. The salt shall be used in the form of flakes. It shall be kept in a tightly stoppered bottle. If any white powder has formed during storage, the salt shall not be used until that powder has been removed by sifting. A 5% solution (weight per volume) shall be prepared by dissolving in warm water and making up to volume after cooling.

(5) Test reagent. The test reagent shall be prepared by adding 1 volume of the stock solution of Folin and Cioccalteu's reagent of 2 volumes of the Hexametaphosphate solution. If any precipitate appears in it, or in any case after 4 months from the date of preparation, any remaining test reagent shall be discarded and a fresh test reagent prepared.

(6) Sodium Carbonate. A 14% solution (weight per volume) shall be made up of anhydrous sodium carbonate of analytical reagent quality.

4.—(1) After use each test tube shall be well washed in hot water containing soda, rinsed in hot, clean water and then washed with 50% commercial hydrochloric acid. The acid wash shall be carried out by filling one tube with the acid and passing it from tube to tube, the acid being replenished when necessary. The tubes shall then be well rinsed again in hot, clean water and dried.

(2) New glassware shall be cleaned in chromic acid prepared in the following manner:—

Dissolve 90 g. of powdered potassium bichromate in 200 ml. of hot water contained in a 4 litre conical flask. Cool, add 2 litres of commercial sulphuric acid (not less than 90%). Stir until the precipitate has dissolved. Keep the solution covered and discard when it becomes green. After cleaning in chromic acid, new glassware shall be well rinsed in hot water and dried by evaporation.

(4) Pipettes shall be well rinsed in cold, clean water and shall be cleaned by soaking for 24 hours in chromic acid solution in a 250 ml. glass cylinder or other suitable container.

(5) Glassware used for the test shall not be used for any other purpose, and shall be kept apart from all other apparatus in the laboratory.

To 10 ml. of the buffer-substrate solution contained in a test tube add 0.5 ml. of well mixed milk. Add 3 drops of chloroform, stopper the tube, mix the contents and incubate at 37 + 1°C. for 24 + 2 hours. At the end of this time, cool, add 4.5 ml. of the test reagent, mix, allow to stand for 3 minutes, and filter into a test tube marked at 10 ml. If an automatic burette is used for delivery of the test reagent and has stood full of the reagent for more than 24 hours, the first two emptyings of the burette shall be discarded. To 10 ml. of the filtrate, add 2 ml. of sodium carbonate solution, mix, and place the test tube for exactly 2 minutes in a bath of boiling water which must be kept boiling. Where a number of the tubes are being examined, the period of 2 minutes shall be timed from the moment when the water has recommenced boiling. Cool and proceed to read the colour thus developed, using either the comparator or the tintometer.

6.—(1) All milk samples shall be kept in a refrigerator for 24 hours after the duplicate experimental tubes have been put into an incubator. When the test has been completed, control tests shall be carried out on all samples which have given a positive phosphatase reaction, in the following manner:—

Mix thoroughly 10 ml. of the buffer-substrate solution with 4.5 ml. of the test reagent, add 0.5 ml. of milk and mix. Allow to stand for three minutes and filter into a test tube marked at 10 ml. To 10 ml. of the filtrate add 2 ml. of the sodium carbonate solution, mix and place the tube for exactly 2 minutes in a bath of boiling water which must be kept boiling. Where a number of tubes are being examined the period of 2 minutes shall be timed from the moment when the water has recommenced boiling. Cool and proceed to read the colour developed.

(2) If the colour reading exceeds 1.5 Lovibond blue units the test shall be void.

(3) The colour reading obtained from the control test shall not be subtracted from the reading obtained from the incubated sample.

7. The purity of the reagents shall be tested by incubating with each batch of samples a tube containing buffer-substrate and chloroform but no milk. Proceed after incubation exactly as directed above under "Method of carrying out the test". If the colour reading thus obtained exceeds 0.5 Lovibond blue units, the test for the particular batch of samples concerned shall be void.

8. The test shall be deemed to be satisfactory by milk which gives a reading of 2.3 Lovibond blue units or less.

1. Samples may be examined at any time after delivery to the laboratory but shall be at room temperature when the test is begun.

Weigh 5 ± 0.1 g. of ammonium sulphate into a 50 ml. conical flask. Measure out 20± 0.5 ml. of the milk sample and pour into the conical flask. Ensure that the ammonium sulphate dissolves by shaking for 1 minute.

Leave for not less than five minutes and then filter through folded paper into a test tube. When not less than 5 ml. of a clear filtrate have collected place the tube in a beaker of water, which is kept boiling, and keep it therein for five minutes. Transfer the tube to a beaker of cold water, and when the tube is cool examine the contents for turbidity by moving the tube in front of an electric light shaded from the eyes of the observer.

4. The test shall be deemed to be satisfactory by milk which shows no sign of turbidity.

Fiji Consolidated Legislation

Pure Food Act