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Liquor (Breweries) Regulations 1992

NIUE LAWS
LEGISLATION AS AT DECEMBER 2006

LIQUOR

LIQUOR (BREWERIES) REGULATIONS 1992

1992/2 – 22 September 1992

1 Title

These are the Liquor (Breweries) Regulations 1993.

PART 1
INTERPRETATION

2 Interpretation

In these Regulations –

"beer" includes ale porter, stout and any other description of beer, and any liquor which is made as a description of beer or and which on analysis is found to be of a strength exceeding 2 parts per cent proof spirit;

"brewery" or "brewery premises" means any premises –

(a) On which is carried on the manufacture or preparation of beer for sale; or

(b) On which is carried on the casking or bottling of beer for sale otherthan retail sale;

"Inspector" means an Inspector of Health appointed under section 7 of the Public Health Act 1965, and includes a Medical Officer.

PART 2
BREWERY PREMISES AND EQUIPMENT

3 Brewery premises

(1)

(a) All brewery premises shall be well constructed in accordance with law, and kept in good repair.

(b) As far as may be practicable they shall offer no entrance or harbourage for rodents or insects.

(2) Without limiting the generality of paragraph (1), all brewery premises shall comply with the requirements set out in the Schedule.

4 Brewery ingredients and containers

No person shall carry on brewing, except under the following requirements –

(a) Suitable storage space shall be provided for all ingredients used in the preparation of beer, and those ingredients shall be effectively protected from contamination; and

(b) No bottle, barrel, jar, vat or other container, used for containing beer, shall be filled with beer unless the container is clean and free from foreign matter; and

(c) No spent hops or other wastes shall be kept longer than necessary on any premises used for the manufacture of beer; and

(d) All spent hops and other wastes shall be removed from the premises at regular and frequent intervals; and

(e) All tasting glasses and other appliances and vessels used for the sampling of beer shall, when not in use, be stored in a dustproof place, and shall be thoroughly cleaned immediately on every occasion after being used.

5 Brewery equipment

No person shall carry on a brewery, except under the following requirements –

(a) All corks, crown seals, wads, and capping devices, that may come into contact with beer when used in closing or sealing any beer container, shall be clean and new and until so used shall be kept in such a manner as to be protected from contamination; and

(b) All jars, bottles, glasses and other beer containers, shall be effectively cleaned and rendered hygienic before use; and

(c) All equipment, conveyors, storage casks, and vats shall be situated so as to provide easy access for cleaning and washing down; and

(d) All movable storage vessels and equipment shall be supported above floor level so as to facilitate cleaning and keeping of the floor free from dampness; and

(e) All beer hoses shall be made from high grade rubber or from any other non-toxic material, and shall be in a sound condition; and

(f) No defective beer hose shall be permitted to remain on the premises; and

(g) All beer hoses shall be cleaned and rendered hygienic at least once each week; and immediately after cleaning all beer hoses shall be drained and shall until they are next used, be kept uncoiled in such a manner that they remain free from liquid and are protected from contamination; and

(h) All buckets, cans, chutes, valves, fittings, pipes, tubes and other similar appliances, through which beer is passed, shall be made of stainless steel or of any other material approved by an Inspector, and

(i) All valves, fittings, and pipelines, through which beer is passed, shall –

(i) Be cleaned and rendered hygienic at least once each week; and

(ii) Until they are next used, be kept in such a manner that they are protected from contamination; and

(iii) Be constructed so that they can be easily dismantled for inspection and cleaning; and

(j) All valves, fittings, and pipelines, through which beer is passed, shall be dismantled for cleaning, except where they are so arranged that cleaning and bactericidal or hot water solutions can be circulated throughout the fixed system to contact all interior surfaces, and that system is self-draining and can be completely evacuated; and

(k) Every tap or pipe, used for the drawing of beer for sale, shall be constructed in such a manner –

(i) As to permit the ready cleaning of all internal parts; and

(ii) As to be properly sealed to prevent leakage; and

(iii) That the whole of the interior surface is perfectly smooth and free from undulations and irregularities, and is of stainless steel or of any other material approved by an Inspector throughout its length.

6 Water

Water used for brewing shall be clear and free of impurities, and if necessary, filtered or treated in a manner approved by an Inspector so as to render it clear and free of impurities and fit for wholesome construction.

7 Beer not to be syphoned by mouth

No person engaged in a brewery in the manufacture, preparation, casking or bottling of beer for sale shall apply to his mouth any syphon tube from a vessel containing beer.

PART 3
GENERAL PROVISIONS

8 Closure of premises

(1) Where any brewery premises are, by reason of their situation, construction, disrepair or state, in such a condition that any beer in the premises may be exposed to contamination or taint, to deteriorate or become dirty, an Inspector may serve a notice in writing on the occupier of the premises requiring him –

(a) To clean, reconstruct, or repair the premises in a manner to be specified in the notice, within a period (not being less than 14 days) to be specified in the notice; or

(b) To clean, reconstruct, or repair the premises in a manner to be specified in the notice, and to cease to use the premises as brewery premises until the cleaning, reconstruction or repair has been completed to the satisfaction of an Inspector; or

(c) To cease to use the premises as brewery premises, and not to subsequently resume the use of the premises as brewery premises.

(2) Any notice served under paragraph (1) may be revoked at any time by an Inspector. The occupier of the premises to which the notice related shall forthwith be notified in writing of the revocation.

(3) The fact that a notice has been served under paragraph (1) shall not prevent the service of another notice under any paragraph of that subclause in respect of the same premises.

(4) A notice under paragraph (1) shall have effect notwithstanding that the time for filing an appeal under regulation 10 in respect of the notice has not expired, or that such an appeal has been filed but has not been determined, unless an Inspector suspends the operation of the notice until the time for filing such an appeal has expired or until any appeal so filed has been determined.

(5) It shall be sufficient compliance with a notice under paragraph (1) requiring the occupier of food premises to clean, reconstruct, or repair any premises, if the occupier ceases to use the premises as brewery premises and does not subsequently resume the use of the premises as brewery premises.

9 Other enactments

Nothing in these Regulations shall derogate from the provisions of any other enactment and in particular (without limiting the generality of the foregoing), the Public Health Act 1965, and the Food Control Act 1981.

PART 4
APPEALS AND OFFENCES

10 Appeals to Court

(1) Any person who is operating a brewery and who is dissatisfied with the requirements of a notice served by an Inspector pursuant to regulation 8 may, within 21 days of the service of the notice, appeal to the Court against the requirements of that notice, specifying the grounds of the appeal.

(2) The Court may confirm vary or annul the requirements of the notice appealed against.

11 Offences and penalties

(1) Every person who fails to comply with any provision of these Regulations commits an offence and on conviction shall be liable to a fine not exceeding 5 penalty units, and in the case of a continuing offence, to a further fine of 0.5 penalty units for every day on which the offence is continued.

(2) Where any body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other officer of the body corporate, or any person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against accordingly.

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SCHEDULE

(Regulation 3)

1 Floors

(a) Floors shall be constructed of impervious and easily cleaned material that is resistant to wear and corrosion, and shall be adequately graded and drained.

(b) The materials of which the floors are constructed shall in any event be suited to the work or process carried out on the premises.

2 Walls

(a) The internal surface of the walls shall be constructed of dust-proof materials, and shall be smooth, even, and non-absorbent, and shall be able to be readily cleaned without damage to the surface.

(b) The internal surface of the walls shall be either painted or treated with such other finish as an Inspector may approve.

(c) All windows shall be fitted with insect screens, and suitable means of destroying insects within the premises shall be employed.

3 Ceilings

Every ceiling or, where no ceiling is provided, the undersurface of the roof, and every support shall be of such construction and finish as to –

(i) Provide a smooth, even surface that is dust-proof; and

(ii) Permit efficient and thorough cleaning.

4 Lighting

The illumination provided in the premises shall be of sufficient intensity to enable effective inspection and cleaning of the premises, and to enable the purposes for which the premises are used to be satisfactorily carried out.

5 Ventilation

(a) The premises shall be provided with such ventilation as is necessary to maintain comfortable conditions for persons in the premises.

(b) As far as practicable, the ventilation shall be adequate –

(i) To prevent the air on the premises from become excessively heated; and

(ii) To prevent condensation and the formation of excess moisture on the floors, walls and ceilings; and

(iii) For the removal of objectional odours, fumes, and impurities from the premises.

(c) If the premises do not have adequate natural ventilation for the purposes of sub-paragraph (a) and (b), they shall be provided with a mechanical ventilation system that obtained air flow from a clean area.

(d) Where the premises are provided with a mechanical ventilation system, it shall discharge air (including any vapours, gases, and other products produced during any brewing process) in a manner that does not create a nuisance.

6 Space

(a) The premises shall contain sufficient floor space –

(i) To enable every person working there to carry out his work efficiently; and

(ii) To allow easy access for cleaning purposes.

(b) Every working space, aisle, passageway, or area on the premises, to which it is intended that customers shall have access, shall be unobstructed and shall be sufficiently spacious to allow movement by workers and invitees.

7 Toilet accommodation

(a) The premises shall be provided with sufficient toilet accommodation, in accordance with the Public Health Act 1965 for the workers on the premises.

(b) All toilet accommodation shall be convenient to the places where the workers for whom it is provided are engaged in their work.

8 Wash-hand basins

The premises shall be provided with wash-hand basins for the use of the workers engaged there.

9 Water supply

The premises shall be provided with an adequate supply of clear, wholesome water.

10 Hot water supply

The premises shall be provided with a hot water system having a storage capacity approved by an Inspector to supply, during the time in every day when the premises are used, an adequate and continuous supply of piped hot water –

(a) At a temperature of not less than 63 degrees celsius at all sinks and other equipment that are used for the washing of containers, utensils and appliances; and

(b) At a temperature of not less than 83 degrees celsius for every other purpose for which hot water is required under these regulations.

11 Plumbing

The premises shall be provided to the satisfaction of an Inspector with sinks, sanitary fixtures and accessories, or other plant or appliances, that are of sufficient capacity to enable all appliances, containers, utensils and equipment used in the premises to be cleaned efficiently and rendered hygienic in accordance with the requirements of these regulations.

12 Sewage disposal

The premises shall be provided with sufficient suitable drains to carry away the whole of the sewage and liquid wastes from the premises to a sewer, sewage tank or other outfall, in accordance with the Public Health Act 1965.