SUMMARY PAPER LICENSING OF FOOD ESABLISHMENT IMPORTATION

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1 Introduction It is an act developed to promote public health and safety with regard to food, to regulate the preparation; sale and use of food, to assist consumers make informed choices on food, to promote fair trading practices in relation to food and for related matters. This paper elaborates on two sections of the food act namely the 1) Part 3 - licensing requirements for establishing food establishment in Fiji 2) Part 4 - Importation protocols that need to be practiced whilst importing food from international market. The purpose of this regulation is to protect the health of the public and to protect the consumer against deception and food of unacceptable and poor quality. Licensing of Food Establishments (1) Application Requirements for Health License In accordance of Food Safety Act 2003 Part 3, The Central Board of Health is the competent authority in the country which issues license to operate food establishment. Section 28 of the Food Safety Act specifically identifies the Central Board of Health was established under Section 3 of the Public Health Act, as the body responsible for the administration and enforcement of the Act. The Board issues different types of licenses as prescribed by Food and Safety Regulation 2009 considering different types of food establishment. Any person who proposes to operate a food establishment needs to be licensed with a health license under Food Safety Act The personnel is required apply to the Central Board of Health for license by completing prescribed forms and accompanied prescribed fee. (1.1) The Application for Health License and/or renewal of a Health License in respect of a food business operation prescribed sample form is included in Food Safety Regulation 2009 in the Twenty fifth schedule (Regulation 47). Fee for food business operations health license is included in in Food Safety Regulation 2009 in the Twenty sixth schedule (Regulation 47). (1.2) According to Food Safety Regulation 2009, Part IX under sub-regulation (6), the food business operator shall lodge food business application with prescribed fee with an authorized officer of the food authority in which the premises are located. (1.3) After the lodgment of specified application with fees as per Food Safety Regulation 2009, Part IX sub-section (7), an authorized officer from the food authority will conduct an inspection of the business facility inorder to access compliance as per requirements in section 20 of Food Safety Act (1.4) Upon completion of the inspection the authorized officer of the food authority will send the application form, fee, recommendations and any other report to Competent Authority and the Board for approval.

2 (2) Factors Competent Authority & Board Consider prior issuing health license The Board will not approve an application for a health license for a proposed food establishment until following requirements are met. (a) The food establishment proposed plan has been approved by relevant food local authority. (b) The altered, new or expanded food establishment proposed plan shall also be approved by the relevant food authority. (c) Either new food establishment, altered or expanded shall be constructed in accordance to the proposed plan which was earlier approved by the relevant local authority. (d) The proposed food establishment shall comply with health and safety standards under Health and Safety Work Act 1996 and any relevant regulations made under that Act. Failure to comply with licensing requirements prior operating a food establishment is considered committing offence under subsection (1) of Part 3 of Food Safety Act (3) Inspection of Food Establishments (3.1) Every food establishment is inspected and examined at least once every year by an authorized inspector. (3.2) The report includes following details of the food establishment. a) Food that are prepared, packed, stored, sold or given free of charge by food operators is safe, hygienic, unadulterated and fit for consumption. Food business shall be compliant with fourth schedule (Regulation 14) of Food Safety Regulation 2009 and section 3 & 4 of Food Safety Act b) If Codex standards are not complied in a mixture, whether or not the ingredients of a food are pure, undeteriorated are used in processing the product. Refer on section 5 of Food Safety Act c) If food that are sold, prepared, packed, kept, conveyed are labelled or advertised for sale in a manner that is misleading, deceptive in relation to any particular aspect of food, which induces a consumer to buy. Food business shall be compliant with Part V of Food Safety Regulation 2009 Labeling rules & packaging and section 8 of Food Safety Act d) If food that are sold, prepared, packed, kept or conveyed for sale under insanitary conditions that may lead food to cause injury or dangerous to health. Food business shall be compliant with fourth schedule (Regulation 14) of Food Safety Regulation 2009 and section 10 of Food Safety Act e) Label of every package shall be compliant with section 13 of Food Safety Act f) If breast milk substitute is promoted by advertisement, by offering or giving gift any gift, prize, discount coupon or any other free item or by other similar means. In reference to section 15 of Food Safety Act 2003, it s an offence to promote breast-milk substitute.

3 g) If the establishment is licensed under section 16(1) of this Act and complies with conditions of the license. h) If imported food complies with Part 4 of Food Safety Act i) If the food establishment has been expanded or altered without approval of the Board and if the expansion or alteration was approved by the Board. Refer Part 3 (20) of Food Safety Act j) If the food establishment complies with Health and Safety at Work Act (3.2) According to Food Safety Regulation 2009, Part IX sub-regulation 4, requires health license holders; a) To keep accurate record of quantities purchase of the raw materials & ingredients, names and address of suppliers and wholesale customers, except selling products directly to consumers. b) Retain records for a period of six months longer than the expiration date of the product or the expected durability of the product, where an expiration date is not defined. (3.3) After completing an inspection of a food establishment by an authorized officer, within 5 working days, a copy of the inspection report is submitted to the Board and retained for public record. (3.4) Upon request of a licensee of a food establishment food authorities grant a inspected report to the assessed establishment. (3.5) In case of non-compliance with Food Safety Act 2003 or Food Safety Regulation 2009, the authorized officer will verbally inform the licensee or the person responsible for the necessary actions required. (3.6) If the Board refuses an application, it will notify the applicant within 14days from the date of refusal of the application. The Board will notify in writing clearly stating reasons for refusing the application. (4) Suspension of License on order of Closure It entirely depends on the Board to issue license with or without conditions. Under this Act the board has authority to refuse to issue a licence, or to vary, suspend, or cancel a licence. (4.1) When the Board orders an establishment to close its operation, the license issued to operate that establishment is automatically suspended from the date the order is served to licensee until the reasons for closure is rectified to the satisfaction with the board. (4.2) The Board may revoke the issued license; a) If the breach that caused closure of a food establishment is a second or subsequent breach. b) If establishment requires renovation even after natural disasters to be compliance to this Act. After meeting all requirements, owner of the revoked license may apply to the Board for a new license.

4 PART 4 Importation (1) Importation of processed food in the finished form a) Any food to be imported in the Fiji Islands shall comply with labelling requirements under Food Safety Act 2003 and Food Safety Regulation 2009, Part V. b) The importer shall give prior 14days notice to board informing on importation of any processed food in the finished form or even non-compliant to Fiji Labeling Act or Regulation. (2) Importation of processed food in the finished form non-compliant to labelling requirements. a) Any imported processed food in the finished form but non-compliant to Fiji labelling requirement as per Act and Regulation shall pursue approval from the board. b) The importer shall pursue approval from board in writing on the food to be imported and assuring relabeling as per labelling requirements. c) As per Food Safety Act 2003 and Food Safety Regulation 2009, imported product labelling requirement includes: - The origin of the product - Name, address and other contact details of the importer or agent. (3) Importation Requirement of Raw or Semi-processed food. a) Any importer who intends to import raw or semi-processed food which requires further processing shall first obtain permit from the board and other import control agencies basically specifying the conditions of importation and reprocessing. b) After importation raw and semi-processed food may be repacked, reprocessed or reconditioned. c) The original packaging is required to be removed for processing from raw or semi-processed food before being sold in the Fiji Islands. The board has powers that can impose condition and direct an importer to: a) Perform re-labelling or reprocessing operations in a designated area or under the supervision of an authorized officer or in a manner prescribed by the board. b) Deposit security or any other guarantee approved by the board. c) Include any other information on the label that the board thinks applicable mainly to protect health and safety of the public.

5 (4) Re-exporting of reprocessed food An importer who reprocesses food for re-exporting shall give notice to the Board of the intention to re-export food before a specified date. If the food is not exported within 30 days of the specified date, the food will be forfeited to the State as penalty and will be disposed of by written direction of the Board. It is not an offence for re-exporting food not complying with re-labelling or re-processing requirements as stated in the Part 4 section 25(1) paragraph (a) or (b) of this Act. (5) Failure to Comply with Importation Requirements Imported food that does not comply with Food Safety Act 2003 and Food Safety Regulation 2009, the Board may direct that the imported food; a) Shall be re-labelled within 30 days by the importer if it requires re-labelling. b) If it requires re-processing, the raw material shall be reprocessed with 3months or any shorter period specified in the permit issued under section 24(5) of this Act by the importer. An importer who breaches paragraph (a) or (b) of section 25(1) of this Act commits an offence. (6) Selling non-complying food A person who will sell any imported food which is not complying under section 24 & 25 of importation requirements with this Act commits an offence and will be convicted to a fine not less than the value of the consignment involved in the offence and consignment will be forfeited. (7) Power to exempt food Any food or any class of food from any or all of the provisions of Part 4 of this Act can be exempted by the Board through Gazette. The importer is required to comply with importers identification under section 24(2) of Part 4 of Food Safety Act 2003.