Act No: CAP. 254
Act Title: FOOD, DRUGS AND CHEMICAL SUBSTANCES ACT
SUBSIDIARY LEGISLATION
Arrangement of Sections
FOOD, DRUGS AND CHEMICAL SUBSTANCES (GENERAL) REGULATIONS, 1978
[L.N. 105/1978, L.N. 228/1978, L.N. 190/1988.]

REGULATIONS UNDER SECTION 28

1.
Citation

These Regulations may be cited as the Food, Drugs and Chemical Substances (General) Regulations, 1978 and shall come into operation on the 1st May, 1979.

2.
Interpretation

In these Regulations, unless the context otherwise requires—

“inner label” means the label on or affixed to an immediate container of any food, drug, cosmetic, device or chemical substance;

“lot or batch number” means any combination of letters or figures or both by which any food, drug, cosmetic, device, or chemical substance can be traced in manufacture or identified in distribution;

“official method” means a method of analysis or examination, designated as such by the Minister, for use in the carrying into effect the provisions of the Act;

“outer label” means the label on, or affixed to, the outside of a package of any food, drug, cosmetic, device, or chemical substance.

3.
Official methods to be furnished

The Minister shall, upon request by any person, furnish official methods.

4.
Manner of designating lot or batch number

Where a lot or batch number is required by any regulations made under the Act to appear on any article, container, package, or label, it shall be preceded by one of the following designations—

(a)

“lot number” or “batch number”;

(b)

“lot no.” or “batch no.”;

(c)

“lot” or “batch”; or

(d)

“L” or “B”.

5.
Names of reference
(1)

Where any food, drug, cosmetic, device, or chemical substance has more than one name, whether common or proper, a reference to that food, drug, cosmetic, device, or chemical substance by any of its names shall be deemed to be a reference to it by all its names.

(2)

The term “cubic centimetre” and its abbreviation “cc” shall, wherever applicable, be deemed to be interchangeable with the term “millilitre” and its abbreviation “ml”.

6.
Statement, information, etc., on label
(1)

Any statement, information, or declaration that is required by any regulations made under the Act to appear on the label of any food, drug, cosmetic, device, or chemical substance shall be in the English language in addition to any other language which may appear thereon.

(2)

The English language type size shall be equivalent to, or greater than, the type size used for any other language and shall be displayed on the main panel.

7.
Information on label to be prominently displayed and readily discernible

Any information appearing on a label of any food, drug, cosmetic, device, or chemical substance shall be—

(a)

clearly and prominently displayed on the label; and

(b)

readily discernible to the purchaser or consumer under the customary conditions of purchase and use.

8.
Importation of food, etc., in violation of the Act prohibited
(1)

Subject to regulation 9, no person shall import into Kenya any food, drug, cosmetic, device, or chemical substance where an authorized officer is satisfied, after the examination or analysis of a sample thereof in accordance with subsection (11) of section 30 of the Act, that the sale of such an article in Kenya would be a violation of the Act or any regulations made thereunder.

(2)

Where an authorized officer finds, as a result of an examination or analysis, that any food, drug, cosmetic, device, or chemical substance should not be admitted into Kenya, he shall forthwith send a copy of the report of analysis or examination to the Commissioner of Customs and Excise and to the importer of the food, drug, cosmetic, device, or chemical substance.

9.
Certain prohibited articles to be admitted for specified purposes
(1)

Where any food, drug, cosmetic, device, or chemical substance sought to be imported into Kenya would, if sold in Kenya, constitute a violation of the Act or any of the regulations made thereunder, it may be admitted into Kenya for the purposes of relabelling or reconditioning under the supervision of an authorized officer.

(2)

Where the relabelling or reconditioning under paragraph (1) is not satisfactorily carried out within three months and where the conditions specified in the public analyst’s report are not complied with, the food, drug, cosmetic, device, or chemical substance shall be exported out of Kenya to a destination disclosed to the authorized officer.

(3)

Where the food, drug, cosmetic, device, or chemical substance is not exported within three months, it shall be forfeited to the Government and shall be disposed of in such manner as the Minister may direct; but the Minister may extend the period for complying with the provisions of paragraph (2).

10.
Export of food, etc., in violation of the Act prohibited
(1)

No person shall export out of Kenya any food, drug, cosmetic, other than a food, drug, device or chemical substance exported under regulation 9, unless an export health certificate in such form as may be prescribed is issued by an authorized officer.

(2)

An authorised officer may require—

(a)

any food, drug, cosmetic, device or chemical substance to be examined or analysed in accordance with subsection (11) of section 30 of the Act; and

(b)

any other relevant information, before issuing an export health certificate.

(3)

A fee of five hundred shillings shall be payable for every Export Health Certificate issued under this Regulation.

[L.N. 190/1988, s. 2.]

11.

Procedure for taking samples and form of certificate of analysis

(1)

Where an authorized officer takes a sample pursuant to section 30 of the Act, he shall notify the owner thereof or the person from whom the sample was obtained of his intention to submit the sample to the public analyst for analysis or examination; and—

(a)

where, in his opinion, division of the procured quantity of the sample would not interfere with the analysis or examination he shall—

(i) divide the quantity into two parts;
(ii) identify the two parts as the owner’s portion and the sample and where only one part bears the label, that part shall be identified as the sample;
(iii) seal each part in such a manner that it cannot be opened without breaking the seal; and
(iv) deliver the part identified as the owner’s portion to the owner or the person from whom the sample was obtained and forward the sample to the public analyst for analysis or examination; or
(b)

where, in his opinion, division of the procured quantity of the sample would interfere with analysis or examination he shall—

(i) identify the entire quantity as the sample;
(ii) seal the sample in such manner that it cannot be opened without breaking the seal; and
(iii) forward the sample to the public analyst for analysis or examination.
(2)

The public analyst’s certificate specifying the result of his analysis or examination of a sample sent to him by an authorised officer in accordance with paragraph (1) of this Regulation shall be in the form set out in the Schedule to these Regulations.

SCHEDULE

[Regulation 10.]

CERTIFICATE OF ANALYSIS OR EXAMINATION

FOOD, DRUGS AND CHEMICAL SUBSTANCES (FOOD HYGIENE) REGULATIONS, 1978

ARRANGEMENT OF REGULATIONS

1.

Citation.

2.

Interpretation.

3.

Premises not to be used unless licensed.

4.

Application for registration of premises.

5.

Issue and expiry of licence.

6.

Growing and harvesting operations to be of a sanitary nature.

7.

Grounds surrounding a food plant to be kept free from contaminating conditions.

8.

Layout and construction of food plants and facilities.

9.

Construction of floors, walls, etc., of food plants.

10.

Equipment, utensils and food contact surfaces.

11.

Sanitary facilities and controls.

12.

General maintenance of the plant.

13.

Sanitation of utensils and equipment.

14.

Process and controls.

15.

Health measures to be taken in a food plant.

16.

Notice to clean, reconstruct or repair food plant.

17.

Offences and penalties.

SCHEDULES

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

RANGE OF FEES FOR FOOD HYGIENE LICENCES

FOOD, DRUGS AND CHEMICAL SUBSTANCES (FOOD HYGIENE) REGULATIONS, 1978
[L.N. 106/1978, L.N. 228/1978, L.N. 120/1980, L.N. 62/1986, L.N. 425/1988, L.N. 364/1989.]
FOOD, DRUGS AND CHEMICAL SUBSTANCES (FOOD HYGIENE) REGULATIONS, 1978
[L.N. 106/1978, L.N. 228/1978, L.N. 120/1980, L.N. 62/1986, L.N. 425/1988, L.N. 364/1989, L.N. 165/1990.]
FOOD, DRUGS AND CHEMICAL SUBSTANCES (FOOD HYGIENE) REGULATIONS, 1978
[L.N. 106/1978, L.N. 228/1978, L.N. 120/1980, L.N. 62/1986, L.N. 425/1988, L.N. 364/1989, L.N. 165/1990, L.N. 273/1990.]
1.
Citation

These Regulations may be cited as the Food, Drugs and Chemical Substances (Food Hygiene) Regulations, 1978 and shall come into operation on 1st May, 1979.

2.
Interpretation

In these Regulations, unless the context otherwise requires—

“adequate” means that which is needed to accomplish the intended purpose in keeping with good public health practice;

“food contact surface” means any surface which comes into contact with food during the sale, preparation, packaging, conveying or storing of such food;

“food plant” means the building or part thereof used for or in connection with the sale, preparation, packaging, or storing of food;

“health authority”, in relation to the area of a municipality, means the municipal council of the municipality concerned, and, in relation to any other area, means the Minister;

“sanitise” means to adequately treat surfaces by a process that is effective in destroying vegetative cells of pathogenic bacteria and in substantially reducing other micro-organisms such that the treatment shall not adversely affect the food and shall be safe for the consumer.

4.
Application for registration of premises

Every person desiring a licence in respect of any premises used or to be used for the purpose of selling, preparing, storing, or displaying for sale any food shall make application in Form “A” set out in the First Schedule, to the health authority and shall, on request, supply any information which may be required by the health authority for the purposes of these Regulations.

5.
Issue and expiry of licence
(1)

Every licence issued under these Regulations shall be in Form “B” set out in the First Schedule, and shall expire on the 31st December next following the date of issue.

(2)

No person to whom a licence has been issued under these Regulations shall lend, hire, sell, transfer or otherwise dispose of that licence to any person without the approval of the health authority which approval shall be endorsed on the licence.

(3)

No licence shall be transferred from the premises in respect of which it was issued to any other premises.

6.
Growing and harvesting operations to be of a sanitary nature

Every person who owns, operates or is in charge of the growing and harvesting operations for raw materials to be used in the preparation of food shall ensure that such operations are of a clean and sanitary nature and that—

(a)

unfit raw materials are segregated out during harvesting and disposed of in such place and such manner that they cannot contaminate food or the water supply to a food plant or any other crops; and

(b)

harvesting containers do not constitute a source of contamination to raw materials and are of such construction as to facilitate thorough cleaning.

7.
Grounds surrounding a food plant to be kept free form contaminating conditions
(1)

Every person who owns, operates or is in charge of a food plant shall keep the grounds surrounding the food plant free from conditions which may result in the contamination of food and more particularly he shall keep such grounds free from—

(a)

improperly stored equipment, litter, waste and refuse which may attract, harbour or constitute breeding places for rodents, insects and other pests; and

(b)

inadequately drained areas that may contribute to the contamination of food products through seepage or foot-borne filth and provide breeding places for insects or micro-organisms.

(2)

Where the grounds adjacent to a food plant are not under the control of the owner or the operator of the food plant, the owner, operator or person in charge shall exercise care in the plant by inspection, extermination or other means to effect seclusion of pests, dirt and other filth that may be a source of contamination to food.

8.
Layout and construction of food plants and facilities
(1)

All food plants shall be of suitable design, layout and construction to facilitate easy maintenance and sanitary food production.

(2)

The food plant and the facilities installed therein shall have—

(a)

sufficient space for such placement of equipment and storage of materials as is necessary for sanitary operations;

(b)

separate areas, either by partition, location or other effective means, for those operations which may cause the contamination of food or food contact surfaces with undesirable micro-organisms, chemicals, filth or other extraneous materials;

(c)

adequate lighting to hand-washing areas, dressing and locker rooms, toilets and to all areas where food or food ingredients are examined, processed or stored and where equipment and utensils are cleaned;

(d)

adequate ventilation or control equipment to minimize odours and noxious fumes or vapours (including steam), particularly in areas where such odours and noxious fumes or vapours may contaminate food, so however that such ventilation or control equipment shall not create conditions that contribute to food contamination by air-borne contaminants; and

(e)

where necessary, effective screening or other protection against birds, animals and vermin (including, but not limited to, insects and rodents).

9.
Construction of floors, walls, etc., of food plants
(1)

The floors, walls and ceiling of a food plant shall be of such construction as to be adequately cleanable and maintained in a clean and good state of repair.

(2)

The fixtures, ducts and pipes shall not be suspended over areas where drips or condensate may contaminate food, raw materials or food contact surfaces.

(3)

Aisles or working spaces between equipment and walls shall be unobstructed and of sufficient width to permit the employees to perform their duties without contaminating the food or food contact surfaces with their clothing or personal contact.

(4)

Light bulbs, fixtures, skylights or other glass suspended over exposed food in any stage of preparation shall be of the safety type or otherwise protected to prevent the contamination of food in case of breakage.

10.
Equipments, utensils and food contact surfaces
(1)

Every utensil and equipment used in a food plant shall be—

(a)

suitable for their intended use;

(b)

so designed and of such materials and workmanship as to be adequately cleanable; and

(c)

properly maintained.

(2)

Every food contact surface shall be—

(a)

smooth and free from pits, crevices and loose scale;

(b)

non-toxic;

(c)

capable of withstanding repeated cleaning, disinfection and sanitizing; and

(d)

non-absorbent, unless the nature of a particular and otherwise acceptable process renders the use of an absorbent surface such as wood necessary.

(3)

The design, construction and use of the utensils and equipment referred to in paragraph (1) of this Regulation shall be such as to prevent the contamination of food by lubricants, fuel, metal fragments, contaminated water, or any other contaminants.

(4)

The equipment in a food plant shall be installed and maintained in such manner as to facilitate the cleaning of such equipment and the adjoining areas.

11.
Sanitary facilities and controls
(1)

No person shall use any premises as a food plant unless—

(a)

adequate sanitary conveniences are provided for use by employees and every premises where food is prepared and served are provided with adequate separate sanitary conveniences for public use;

(b)

the water supply to the premises is derived from an adequate source, sufficient for the intended operations and potable;

(c)

running water at a suitable temperature is provided in all areas where the processing of food, and the cleaning of equipment, utensils and containers are carried on;

(d)

the drainage of effluents is made through an adequate sewerage system or disposed of through other adequate and approved means;

(e)

the plumbing is of adequate size and design and so installed and maintained as to—

(i) carry sufficient quantities of water to all areas where the water is required;
(ii) properly convey sewage and liquid disposal waste;
(iii) provide adequate floor drainage in all areas where the floors are subject to flooding type cleaning or where normal operations release or discharge water or other liquid waste on the floor; or
(iv) constitute no source of contamination to food ingredients, food products and water supplies;
(f)

refuse and offal is conveyed and disposed of so as to minimize noxious odour, to prevent waste which attract or harbour or provide a breeding place for vermin and to prevent the contamination of food, food contact surfaces, ground surfaces and water supplies.

(2)

The sanitary conveniences provided under this Regulation shall conform to the following conditions—

(i)

separate conveniences shall be provided for members of each sex and each shall be maintained in a sanitary condition and kept in conditions of good repair at all times;

(ii)

toilets shall be furnished with sufficient toilet tissue, clean towels and soap;

(iii)

doors to toilet rooms shall be self-closing and not open directly into areas where food is exposed to air-borne contaminants except where alternate means have been devised to prevent contamination of such food; and

(iv)

signs shall be posted in appropriate places directing employees to wash their hands with soap after using the toilet.

(3)

Adequate and convenient facilities for hand-washing, and where applicable hand-sanitizing, shall be provided at each place where good hygiene practices require employees to wash or sanitize and dry their hands, and such facilities shall have running water at a suitable temperature for effective hand-washing and sanitizing preparation and include nail brushes, hygienic towel service or suitable drying devices and, where appropriate, cleanable waste receptacles.

12.
General maintenance of the plant

Notwithstanding any other provisions of these Regulations, every person who owns, operates or is in charge of a food plant shall ensure that—

(a)

the buildings, fixtures and other facilities of the plant are kept in a state of good repair and maintained in a hygienic condition;

(b)

cleaning operations are conducted in such a manner as to minimize the danger of contamination of food and food contact surfaces;

(c)

supplies used in cleaning and sanitizing procedures are free from micro-biological contamination and are safe and effective for their intended use;

(d)

only such toxic materials as are required to maintain sanitary conditions, or for use in laboratory testing procedures, or plant and equipment maintenance, or in the preparation of food, are used or stored in the plant;

(e)

no animals or birds, other than those essential as raw materials, are allowed in the plant;

(f)

effective measures are taken to exclude pests from food areas and to protect against the contamination of food in or on the premises by animals and vermin; and

(g)

the use of pesticides is done under such precautions and restrictions as to prevent the contamination of food or packaging material.

13.
Sanitation of utensils and equipment
(1)

Every person who owns, operates or is in charge of a food plant shall ensure that—

(a)

all utensils and food contact surfaces or equipment are cleaned as frequently as necessary to prevent contamination of food products;

(b)

single-service articles are stored in appropriate containers and handled, dispensed, used and disposed of in a manner that prevents contamination of food or food contact surfaces;

(c)

all utensils and the equipment used in the plant are cleaned and sanitized prior to use to prevent the contamination of food products by micro-biological organisms; except that where such utensils and equipment are used in a continuous operation, the contact surfaces of the utensils and equipment shall be cleaned and sanitized on a predetermined schedule using adequate methods; and

(d)

sanitizing agents used in the plant are effective and safe.

(2)

Any procedure, machine or device may be used for cleaning and sanitizing equipment or utensils if it is established, to the satisfaction of an authorized officer, that such procedure, machine or devices provide adequate sanitizing treatment.

(3)

Cleaned and sanitized equipment and utensils with food contact surfaces shall be stored in such areas and manner that the food contact surfaces are protected from splash, dust and other contaminants.

14.
Process and controls

Every person who owns, operates or is in charge of a food plant shall comply with the following requirements as regards the overall control of the operations carried on therein, that is to say—

(a)

all operations in the receiving, inspecting, handling, segregating, preparing, processing, storing and transportation of food are conducted in a hygienic manner;

(b)

overall sanitation of the plant is done under the supervision of a person or persons specially assigned to supervise the sanitizing processes in the plant;

(c)

reasonable precautions, as set out in Part A of the Second Schedule to these Regulations, are taken to ensure that production procedures shall not contribute to the contamination of food by filth, harmful chemicals, undesirable micro-organisms or any other contaminants;

(d)

each container shall be embossed or otherwise permanently marked in code or in clear to identify the producing factory and the lot;

(e)

specific products, as may be specified by the Minister, bear prominently a date-marking, showing the last day, month and year (for instance, 1 May, 1978 or 1.5.78) the product may be sold and any product bearing a date marking showing the last day, month and year on which the product may be sold in accordance with the law, regulations, practice or conventions of the country in which the product was manufactured shall be deemed to be a specified product for the purpose of these Regulations;

(f)

packaging processes and materials are such as not to transmit contaminants to the products and provide adequate protection from contamination.

[L.N. 62/1986, s. 2.]

16.
Notice to clean, reconstruct or repair food plant
(1)

Where any food plant, by reason of its situation, construction or disrepair, is in such a condition that any food in the premises may be exposed to contamination or deterioration or become dirty, an authorized officer may serve a notice in writing on the person who owns or operates the food plant requiring him—

(a)

to clean, reconstruct or repair the premises in the specified manner and period; or

(b)

not to use the plant until the conditions stated in such notice have been fulfilled.

(2)

Any person, on whom a notice is served under paragraph (1) of this Regulation may, within fourteen days from the date he receives such notice, appeal to the Minister who shall make such order thereon as he thinks fit and whose decision shall be final.

(3)

A notice served under this Regulation shall remain effective until such a time as the person on whom it is served receives a copy of the Minister’s decision and complies with any direction which may be given by the Minister.

(4)

It shall be sufficient compliance with a notice served under this Regulation if the person on whom such notice is served ceases to use the premises as a food plant.

17.
Offences and penalties

Any person who contravenes the provisions of these Regulations shall be guilty of an offence and liable—

(a)

in the case of a first offence, to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment; and

(b)

in the case of a second or subsequent offence, to a fine not exceeding four thousand shillings or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment.

[L.N. 120/1980, s. 2.]

FIRST SCHEDULE

FIRST SCHEDULE

FIRST SCHEDULE

SECOND SCHEDULE

[Regulations 14(c) and 15(c).]

PART A

The following precautions shall be taken to ensure that production procedures do not contribute to contamination of food—

(a)

raw materials and ingredients shall be cleaned, inspected and segregated to ensure that they are clean, wholesome and fit for processing into food;

(b)

water used for cleaning of food products shall be of potable quality;

(c)

containers and carriers of raw ingredients shall be inspected at the time such ingredients are delivered to the food plant;

(d)

where ice is used with food products, it shall be made from potable water, and shall be prepared, handled, stored and conveyed in such manner as to protect it from contamination;

(e)

food processing areas and equipment used in processing food shall not be used to process animal feed or inedible products unless there is no reasonable possibility of contaminating the human food;

(f)

chemical, micro-biological or extraneous material testing procedures shall be utilised where necessary to identify sanitation failures or food contamination and all foods and ingredients that have become contaminated shall be rejected or adequately treated or processed to eliminate the contamination where this may be properly accomplished;

(g)

storage and transportation of food shall be under such conditions as shall prevent contamination, including development of pathogenic or toxigenic micro-organisms or both.

PART B

The following requirements shall be complied with as regards the cleanliness of all persons working in direct contact with food—

(a)

they shall wear clean outer garments and conform to hygienic practices while on duty;

(b)

they shall wash their hands thoroughly, remove all jewellery, and take any other necessary precautions to prevent contamination of food with micro-organisms or foreign substances;

(c)

refrain from smoking, snuffing, chewing or using tobacco in areas where food is prepared, stored or handled;

(d)

if gloves are used in food handling, they shall be maintained in a clean, intact and sanitary condition;

(e)

as is necessary for the work on which the employee is engaged, he shall wear effective head-dress, such as hair net, head-band or cap; and

(f)

all employees shall refrain from storing their clothing or any other personal belongings or from eating food or drinking beverages, in areas where food is or food ingredients are exposed or areas used for washing equipment or utensils.

THIRD SCHEDULE
[L.N. 165/1990, s. 4.]

RANGE OF FEES FOR FOOD HYGIENE LICENCES

SPECIFICATION OF PRODUCTS TO BE MARKED WITH LAST DATE SALE, 1988

UNDER REGULATION 14 [L.N. 425/1988, L.N. 364/1989.]

IN ACCORDANCE with regulation 14(e) of the Food, Drugs and Chemical Substances (Food Hygiene) Regulations, the Minister for Health specifies the products in the Schedule to be the products which shall bear prominently—

(a)

a date-marking, showing the last day, month and year on which the product may be sold; and

(b)

the proper storage instructions.

This notice shall come into operation on 10th April, 1989.

Legal Notice No. 188 of 1988 is revoked.

SCHEDULE
1.

Packed Ultra Heat Treated (U.H.T.) liquid milk (long life), fermented milk, yoghurt, cream.

2.

Canned liquid evaporated milk.

3.

Packed and canned butter.

4.

Canned condensed milk.

5.

Packed and canned milk powder.

6.

Canned ghee.

7.

All prepacked baby foods.

8.

All prepacked cereal flours.

9.

Packed pasta products (macaroni, vermicelli, nodules).

10.

Pre-packed biscuits, cookies.

11.

Prepacked cakes.

12.

All packed breakfast cereals.

13.

Prepacked flavoured mixed spices.

14.

Canned and packed vegetables and fruits.

15.

Bottled, packed tomato sauces, ketchup, paste, puree, juice or whole tomatoes.

16.

Bottled, or packed chilli sauce, mayonnaise, etc.

17.

Packed dehydrated vegetables and fruits.

18.

Canned or packed fats or oils.

19.

Packed or canned margarine.

20.

Packed or bottled drinks, cordial, squash and juices (excluding carbonated soft drinks in bottles).

21.

Canned and bottled beer, cider and perry.

22.

Canned non-alcoholic beverages.

23.

Canned meat, canned fish.

24.

Canned githeri.

SCHEDULE—continued

25.

Canned or packed sausages.

26.

Packed or canned chocolate drink, cocoa sugar mixtures, powdered premix drinks.

27.

Packed chocolate, sweets.

28.

Canned or packed cheese.

29.

Packed or canned jams, marmalade, jellies.

30.

Packed or bottled honey.

31.

Packed fried peanuts, crisps.

32.

Packed or wrapped bread.

33.

Deleted by L.N. 364/1989

34.

Deleted by L.N. 364/1989

FOOD, DRUGS AND CHEMICAL SUBSTANCES (FOOD LABELLING, ADDITIVES AND STANDARDS) REGULATIONS, 1978

ARRANGEMENT OF REGULATIONS

PART I – PRELIMINARY

1.

Citation.

2.

Interpretation.

PART II – LABELLING, SPECIAL DIETARY FOODS AND POLICY

3.

Sale of unlabelled food prohibited.

4.

Declarations to be included on food labels.

5.

Labelling information not to appear at bottom of container.

6.

Manner of displaying common names and declaration of net contents.

7.

Position or size of declaration of net contents on labels of certain glass containers.

8.

Label declarations to appear clearly on both the inner and outer labels.

9.

Restriction on references to the Act on the label or in advertisement.

10.

Food sold in bulk exempted from requirements of label declarations.

11.

Acceptable common names for certain foods.

12.

Label declaration not required to indicate the presence of caramel as food colour in certain foods.

13.

Exemption of label declaration from indicating the presence of sulphurous acid in certain foods.

14.

Exemption of label declaration from indicating the presence of artificial flavourings in certain foods.

15.

Statement implying special dietary use.

16.

Label declaration of food containing an artificial sweetener.

17.

Standard for carbohydrate or sugar reduced foods.

18.

Condition for describing food as sugarless, etc.

19.

Mode of declaration of carbohydrate content in food.

20.

Standard for calorie reduced special dietary foods.

21.

Conditions for describing food as low calorie.

22.

Mode of declaring calorie content in food.

23.

Standard for sodium reduced special dietary food.

24.

Conditions for describing food as low sodium and mode of declaration.

25.

Restriction on the sale of food containing non-nutritive sweetening agents.

26.

Composition of standardized food.

27.

Limits for food additives stated to be “good manufacturing practice”.

28.

Food additives to meet specifications.

29.

Restriction on sale of baby food containing food additives.

30.

Components of food ingredients.

31.

Country of origin of food to be declared on the label.

32.

Label declaration for irradiated food.

33.

Misleading grade designations prohibited.

33A.

Expiry date to be on label and prohibition on sale of expired goods.

PART III – FOOD ADDITIVES

34.

Limit for food additives prescribed for soft drinks.

35.

Labelling of substances used as food additives.

36.

Conditions for a request to add to or change food additives.

37.

Conditions for using more than one Class II preservative.

38.

Sale of only listed food additives.

PART IV – FOOD COLOURS

39.

Exempted foods.

40.

Conditions for sale of food containing food additives.

41.

Interpretation of Part.

42.

Colours permitted for sale for use in or upon foods.

43.

Prohibition against selling food containing food colours not permitted for sale for use in food.

44.

Standard for food colours.

45.

Prohibition against selling food containing food colours exceeding prescribed limits.

46.

Limits for metallic contaminants in food colours.

47.

Limit for carotenal in food.

48.

Labelling of synthetic colours.

49.

Labelling of mixture or preparations of colours.

PART V – POISONOUS SUBSTANCES IN FOOD

50.

Limits for poisonous or harmful substances in food.

PART VI – FLAVOURING PREPARATIONS

51.

Standard for flavour, extract or essence.

52.

Standard for artificial or imitation extract or essence.

53.

Standard for flavour.

54.

Standard for artificial or imitation flavour.

55.

Standard for fruit extract or essence naturally fortified.

56.

Labelling of or advertisement for artificial flavouring preparations.

57.

Standard for almond essence, extract or flavour.

58.

Standard for anise essence, extract or flavour.

59.

Standard for celery seed essence, extract or flavour.

60.

Standard for cassia essence, extract or flavour or cassia cinnamon extract, essence or flavour.

61.

Standard for Ceylon cinnamon essence, extract or flavour.

62.

Standard for clove essence, extract or flavour.

63.

Standard for ginger essence, extract or flavour.

64.

Standard for lemon essence, extract or flavour.

65.

Standard for nutmeg essence, extract or flavour.

66.

Standard for orange essence, extract or flavour.

67.

Standard for peppermint essence, extract or flavour.

68.

Standard for rose essence, extract or flavour.

69.

Standard for savoury essence, extract or flavour.

70.

Standard for spearmint essence, extract or flavour.

71.

Standard for sweet basil essence, extract or flavour.

72.

Standard for sweet marjoram essence, extract or flavour.

73.

Standard for thyme essence, extract or flavour.

74.

Standard for vanilla essence, extract or flavour.

75.

Standard for wintergreen essence, extract or flavour.

PART VII – SWEETENING AGENTS

76.

Standard for sugar.

77.

Standard for liquid sugar.

78.

Standard for invert sugar.

79.

Standard for liquid invert sugar.

80.

Restriction of sale of liquid sugar or liquid invert sugar.

81.

Standard for icing sugar.

82.

Standard for brown sugar.

83.

Standard for refined sugar syrup.

84.

Standard for dextrose or dextrose monohydrate.

85.

Standard for liquid glucose.

86.

Standard for glucose solids.

87.

Standard for glucose syrup.

88.

Standard for honey.

PART VIII – MEAT, ITS PREPARATION AND PRODUCTS

89.

Interpretation of Part.

90.

Standard for meat.

91.

Meaning of “meat products”.

92.

Addition of certain preservatives and colours to meat and meat products prohibited.

93.

Standard for prepared meat or prepared meat product.

94.

Labelling of food consisting of meat products or prepared meat products.

95.

Composition of pumping pickle, etc., used for curing preserved meat or preserved meat products.

96.

Prohibition against the selling of dead animals, or meat products obtained from such dead animals as food.

97.

Conditions for sale of meat in hermetically sealed containers.

98.

Standard for minced or ground beef.

99.

Limits for filler, binder, etc., in prepared meat or meat products.

100.

Standard for preserved meat or preserved meat product.

101.

Standard for sausage or sausage meat.

102.

Standard for potted meat, meat paste or meat spread.

103.

Standard for potted meat product, meat product paste or meat product spread.

104.

Standard for meat loaf, meat roll, etc.

105.

Standard for meat product loaf or meat and meat product loaf.

106.

Standard for meat pies.

107.

Label declaration for prepared meat or prepared meat product to which a gelling agent has been added.

108.

Standard for edible bone meal.

109.

Standard for gelatin.

PART IX – POULTRY, POULTRY MEAT, THEIR PREPARATION AND PRODUCTS

110.

Interpretation of Part.

111.

Meaning of “Poultry”.

112.

Standard for poultry meat.

113.

Standard for “poultry meat product”.

114.

Standard for giblets.

115.

Standard for prepared poultry meat or prepared poultry meat product.

116.

Addition of certain substances to poultry meat, poultry meat products or preparations prohibited.

117.

Labelling of food consisting of poultry meat products.

118.

Sale of certain poultry and meat products prohibited.

119.

Limits for filler, etc., in poultry meat and prepared meat products.

120.

Standard for preserved poultry meat and preserved poultry meat product.

121.

Standard for canned poultry.

122.

Label declaration of canned poultry containing a gelling agent.

123.

Standard for boneless poultry.

124.

Standard for liquid, dried or frozen whole egg, etc.

125.

Egg products or liquid egg to be free from salmonella.

PART X – MARINE AND FRESH WATER ANIMAL PRODUCTS

126.

Interpretation of Part.

127.

Standard for fish.

128.

Standard for fish meat.

129.

Addition of certain substances to fish and fish meat products prohibited.

130.

Standard for prepared fish or prepared fish meat.

131.

Standard for fish binders.

132.

Conditions for sale of filler or fish binder.

133.

Limits for filler and moisture in prepared fish or fish meat.

134.

Standard for preserved fish or fish meat.

135.

Conditions for sale of smoked fish or fish product in sealed container.

136.

Standard for fish paste.

137.

Standard for oysters and other shellfish.

138.

Conditions for sale of shucked oyster.

PART XI – MILK PRODUCTS

139.

Milk product adulterated if containing other fats.

140.

Standard for milk.

141.

Standard for pasteurized milk or milk products.

142.

Standard for ultra high temperature heat treated milk.

143.

Standard for reduced fat milk.

144.

Standard for skimmed milk.

145.

Standard for evaporated milk.

146.

Standard for evaporated skimmed milk.

147.

Standard for sweetened condensed milk.

148.

Standard for skimmed sweetened condensed milk.

149.

Standard for milk powder.

150.

Standard for skimmed milk powder.

151.

Designation of milk or milk products.

152.

Labelling and standard for flavoured milk.

153.

Labelling and standard for flavoured skim milk.

154.

Standard for chocolate drink.

155.

Standard for cheese.

156.

Standard for cheddar cheese.

157.

Fat content for varieties of cheese.

158.

Standard for skim milk cheese.

159.

Standard for cream cheese.

160.

Standard for process cheese, etc.

161.

Standard for skim milk process cheese.

162.

Standard for cottage cheese.

163.

Standard for cream cottage cheese.

164.

Dairy products to be made from a pasteurized source.

165.

Restriction on sale of cottage cheese.

166.

Label declaration for cheese.

167.

Standard for butter.

168.

Standard for ghee.

169.

Standard for cream.

170.

Standard for ice-cream.

171.

Standard for dairy whip.

172.

Standard for milk ice.

173.

Standard for ice confection.

174.

Standard for yoghurt.

PART XII – NON-NUTRITIVE SWEETENERS

175.

Interpretation of Part.

176.

Sale of food containing non-nutritive sweeteners prohibited.

177.

Restriction on sale of non-nutritive sweeteners.

178.

Labelling of food containing non-nutritive sweeteners.

179.

Labelling of packages containing non-nutritive sweeteners.

PART XIII – FRUITS, VEGETABLES AND THEIR PRODUCTS

180.

Interpretation of Part.

181.

Standard for canned vegetables.

182.

Standard for frozen vegetables.

183.

Standard for canned tomatoes.

184.

Label declaration for canned tomatoes.

185.

Standard for tomato juice.

186.

Label declaration for tomato juice.

187.

Standard for tomato paste.

188.

Standard for concentrated tomato paste.

189.

Standard for tomato pulp, etc.

190.

Label declaration for tomato paste, etc.

191.

Standard for tomato catsup.

192.

Limit for mould in tomato products.

193.

Standard for pickles and relishes.

194.

Standard for olives.

195.

Standard for canned fruit.

196.

Standard for frozen fruit.

197.

Label declaration for canned fruit packed in syrup.

198.

Labelling of frozen fruit packed in sugar, etc.

199.

Labelling of frozen fruit containing added ascorbic acid.

200.

Labelling of canned or frozen fruit containing food additives.

201.

Standard for fruit juice.

202.

Fruit juice to conform to standard.

203.

Standard for apple juice.

204.

Standard for grape juice.

205.

Standard for grapefruit juice.

206.

Standard for lemon juice.

207.

Standard for lime juice.

208.

Standard for orange juice.

209.

Standard for pineapple juice.

210.

Standard for carbonated fruit juice.

211.

Standard for concentrated fruit juice.

212.

Standard for jam.

213.

Standard for fruit jelly.

214.

Standard for mincemeat.

PART XIV – ALCOHOLIC BEVERAGES

215.

Interpretation of Part.

216.

Restriction on sale of distilled alcoholic beverage, liqueur or cordial.

217.

Standard for whisky.

218.

Claim with respect to age of whisky.

219.

Standard for Scotch whisky.

220.

Standard for Irish whiskey.

221.

Standard for Canadian whisky, etc.

222.

Standard for rum.

223.

Standard for gin.

224.

Standard for dry gin.

225.

Standard for brandy.

226.

Standard for Cognac brandy or Cognac.

227.

Standard for Armagnac brandy or Armagnac.

228.

Standard for imported brandy.

229.

Standard for fruit brandy.

230.

Standard for liqueurs and alcoholic cordials.

231.

Standard for vodka.

232.

Standard for wine.

233.

Limit for volatile acid in wine.

234.

Standard for fruit wine.

235.

Standard for vermouth or flavoured wine.

236.

Standard for cider.

237.

Limit for volatile acid in cider.

238.

Standard for beer, ale, stout, porter, lager beer, etc.

239.

Standard for opaque beer.

PART XV – SOFT DRINKS

240.

Standard for, and labelling of, soft drinks.

PART XVI – TEA

241.

Standard for tea.

PART XVII – COFFEE

242.

Standard for green coffee.

243.

Standard for roasted coffee.

244.

Standard for instant or soluble coffee.

245.

Restriction on sale of decaffeinated coffee.

PART XVIII – BAKING POWDER

246.

Standard for baking powder.

PART XIX – GRAIN AND BAKERY PRODUCTS

247.

Standard for flour and wholemeal atta.

248.

Standard for sooji or semolina.

249.

Standard for enriched flour.

250.

Standard for crushed wheat or cracked wheat.

251.

Standard for corn starch.

252.

Standard for rice.

253.

Standard for maizemeal.

254.

Minimum amount of egg yolk solid specified in egg macaroni, etc.

255.

Standard for white bread.

256.

Standard for brown bread.

257.

Standard for speciality bread.

PART XX – FATS AND OILS

258.

General standard for vegetable fats and oils.

259.

Standard for animal fats and oils.

260.

Standard for olive oil.

261.

Standard for cotton seed oil.

262.

Standard for maize oil.

263.

Standard for groundnut oil.

264.

Standard for soya bean oil.

265.

Standard for sunflower seed oil.

266.

Standard for coconut oil.

267.

Standard for sesame seed oil.

268.

Standard for refined vegetable oil.

269.

Standard for shortening.

270.

Standard for lard.

271.

Standard for margarine.

272.

Standard for dripping.

PART XXI – SPICES, DRESSINGS AND SEASONINGS

273.

Standard for cloves.

274.

Standard for ginger.

275.

Standard for mustard.

276.

Standard for allspice or pimento.

277.

Standard for cinnamon.

278.

Standard for Ceylon cinnamon.

279.

Standard for mace.

280.

Standard for nutmeg.

281.

Standard for black pepper.

282.

Standard for white pepper.

283.

Standard for cayenne pepper.

284.

Standard for turmeric.

285.

Standard for sage.

286.

Standard for thyme.

287.

Standard for caraway seed.

288.

Standard for cardamom.

289.

Standard for celery seed.

290.

Standard for coriander seed.

291.

Standard for dill seed.

292.

Standard for mustard seed.

293.

Standard for marjoram.

294.

Standard for curry powder.

295.

Standard for mayonnaise.

296.

Standard for French dressing.

297.

Standard for salad dressing.

PART XXII – SALT

298.

Standard for salt.

299.

Standard for table salt or salt for general household use.

300.

Revoked.

PART XXIII – VINEGAR

301.

Standard for vinegar.

302.

Mode of reference to the strength of vinegar.

303.

Standard for wine vinegar.

304.

Standard for spirit vinegar, etc.

305.

Standard for malt vinegar.

306.

Standard for cider vinegar or apple vinegar.

307.

Standard for imitation vinegar or vinegar substitute.

308.

Labelling of imitation vinegar or vinegar substitute.

PART XXIV – COCOA PRODUCTS

309.

Standard for cacao beans.

310.

Standard for cacao nibs.

311.

Standard for chocolate.

312.

Ingredients for processing cocoa products.

313.

Restriction on the sale of cocoa products processed with hydroxides or carbonates of magnesium.

314.

Limits of ash for cocoa products processed with alkali.

315.

Standard for sweet chocolate.

316.

Standard for milk chocolate.

317.

Standard for cocoa.

318.

Standard for cocoa butter.

PART XXV – OFFENCES AND PENALTY

319.

Offences and penalties.

320.

321.

SCHEDULES

FIRST SCHEDULE

COMMON NAMES AND ACCEPTABLE COMMON NAMES OF CERTAIN FOODS FOR PURPOSE OF REGULATION 4(B)(IV)

SECOND SCHEDULE

THIRD SCHEDULE

STANDARDS FOR SPECIFIED FOOD COLOURS

FOURTH SCHEDULE

EXEMPTION LIMITS FOR POISONOUS OR HARMFUL SUBSTANCES IN FOOD

FIFTH SCHEDULE

FOOD, DRUGS AND CHEMICAL SUBSTANCES (FOOD LABELLING, ADDITIVES AND STANDARDS) REGULATIONS, 1978

ARRANGEMENT OF REGULATIONS

PART I – PRELIMINARY

1.

Citation.

2.

Interpretation.

PART II – LABELLING, SPECIAL DIETARY FOODS AND POLICY

3.

Sale of unlabelled food prohibited.

4.

Declarations to be included on food labels.

5.

Labelling information not to appear at bottom of container.

6.

Manner of displaying common names and declaration of net contents.

7.

Position or size of declaration of net contents on labels of certain glass containers.

8.

Label declarations to appear clearly on both the inner and outer labels.

9.

Restriction on references to the Act on the label or in advertisement.

10.

Food sold in bulk exempted from requirements of label declarations.

11.

Acceptable common names for certain foods.

12.

Label declaration not required to indicate the presence of caramel as food colour in certain foods.

13.

Exemption of label declaration from indicating the presence of sulphurous acid in certain foods.

14.

Exemption of label declaration from indicating the presence of artificial flavourings in certain foods.

15.

Statement implying special dietary use.

16.

Label declaration of food containing an artificial sweetener.

17.

Standard for carbohydrate or sugar reduced foods.

18.

Condition for describing food as sugarless, etc.

19.

Mode of declaration of carbohydrate content in food.

20.

Standard for calorie reduced special dietary foods.

21.

Conditions for describing food as low calorie.

22.

Mode of declaring calorie content in food.

23.

Standard for sodium reduced special dietary food.

24.

Conditions for describing food as low sodium and mode of declaration.

25.

Restriction on the sale of food containing non-nutritive sweetening agents.

26.

Composition of standardized food.

27.

Limits for food additives stated to be “good manufacturing practice”.

28.

Food additives to meet specifications.

29.

Restriction on sale of baby food containing food additives.

30.

Components of food ingredients.

31.

Country of origin of food to be declared on the label.

32.

Label declaration for irradiated food.

33.

Misleading grade designations prohibited.

33A.

Expiry date to be on label and prohibition on sale of expired goods.

PART III – FOOD ADDITIVES

34.

Limit for food additives prescribed for soft drinks.

35.

Labelling of substances used as food additives.

36.

Conditions for a request to add to or change food additives.

37.

Conditions for using more than one Class II preservative.

38.

Sale of only listed food additives.

PART IV – FOOD COLOURS

39.

Exempted foods.

40.

Conditions for sale of food containing food additives.

41.

Interpretation of Part.

42.

Colours permitted for sale for use in or upon foods.

43.

Prohibition against selling food containing food colours not permitted for sale for use in food.

44.

Standard for food colours.

45.

Prohibition against selling food containing food colours exceeding prescribed limits.

46.

Limits for metallic contaminants in food colours.

47.

Limit for carotenal in food.

48.

Labelling of synthetic colours.

49.

Labelling of mixture or preparations of colours.

PART V – POISONOUS SUBSTANCES IN FOOD

50.

Limits for poisonous or harmful substances in food.

PART VI – FLAVOURING PREPARATIONS

51.

Standard for flavour, extract or essence.

52.

Standard for artificial or imitation extract or essence.

53.

Standard for flavour.

54.

Standard for artificial or imitation flavour.

55.

Standard for fruit extract or essence naturally fortified.

56.

Labelling of or advertisement for artificial flavouring preparations.

57.

Standard for almond essence, extract or flavour.

58.

Standard for anise essence, extract or flavour.

59.

Standard for celery seed essence, extract or flavour.

60.

Standard for cassia essence, extract or flavour or cassia cinnamon extract, essence or flavour.

61.

Standard for Ceylon cinnamon essence, extract or flavour.

62.

Standard for clove essence, extract or flavour.

63.

Standard for ginger essence, extract or flavour.

64.

Standard for lemon essence, extract or flavour.

65.

Standard for nutmeg essence, extract or flavour.

66.

Standard for orange essence, extract or flavour.

67.

Standard for peppermint essence, extract or flavour.

68.

Standard for rose essence, extract or flavour.

69.

Standard for savoury essence, extract or flavour.

70.

Standard for spearmint essence, extract or flavour.

71.

Standard for sweet basil essence, extract or flavour.

72.

Standard for sweet marjoram essence, extract or flavour.

73.

Standard for thyme essence, extract or flavour.

74.

Standard for vanilla essence, extract or flavour.

75.

Standard for wintergreen essence, extract or flavour.

PART VII – SWEETENING AGENTS

76.

Standard for sugar.

77.

Standard for liquid sugar.

78.

Standard for invert sugar.

79.

Standard for liquid invert sugar.

80.

Restriction of sale of liquid sugar or liquid invert sugar.

81.

Standard for icing sugar.

82.

Standard for brown sugar.

83.

Standard for refined sugar syrup.

84.

Standard for dextrose or dextrose monohydrate.

85.

Standard for liquid glucose.

86.

Standard for glucose solids.

87.

Standard for glucose syrup.

88.

Standard for honey.

PART VIII – MEAT, ITS PREPARATION AND PRODUCTS

89.

Interpretation of Part.

90.

Standard for meat.

91.

Meaning of “meat products”.

92.

Addition of certain preservatives and colours to meat and meat products prohibited.

93.

Standard for prepared meat or prepared meat product.

94.

Labelling of food consisting of meat products or prepared meat products.

95.

Composition of pumping pickle, etc., used for curing preserved meat or preserved meat products.

96.

Prohibition against the selling of dead animals, or meat products obtained from such dead animals as food.

97.

Conditions for sale of meat in hermetically sealed containers.

98.

Standard for minced or ground beef.

99.

Limits for filler, binder, etc., in prepared meat or meat products.

100.

Standard for preserved meat or preserved meat product.

101.

Standard for sausage or sausage meat.

102.

Standard for potted meat, meat paste or meat spread.

103.

Standard for potted meat product, meat product paste or meat product spread.

104.

Standard for meat loaf, meat roll, etc.

105.

Standard for meat product loaf or meat and meat product loaf.

106.

Standard for meat pies.

107.

Label declaration for prepared meat or prepared meat product to which a gelling agent has been added.

108.

Standard for edible bone meal.

109.

Standard for gelatin.

PART IX – POULTRY, POULTRY MEAT, THEIR PREPARATION AND PRODUCTS

110.

Interpretation of Part.

111.

Meaning of “Poultry”.

112.

Standard for poultry meat.

113.

Standard for “poultry meat product”.

114.

Standard for giblets.

115.

Standard for prepared poultry meat or prepared poultry meat product.

116.

Addition of certain substances to poultry meat, poultry meat products or preparations prohibited.

117.

Labelling of food consisting of poultry meat products.

118.

Sale of certain poultry and meat products prohibited.

119.

Limits for filler, etc., in poultry meat and prepared meat products.

120.

Standard for preserved poultry meat and preserved poultry meat product.

121.

Standard for canned poultry.

122.

Label declaration of canned poultry containing a gelling agent.

123.

Standard for boneless poultry.

124.

Standard for liquid, dried or frozen whole egg, etc.

125.

Egg products or liquid egg to be free from salmonella.

PART X – MARINE AND FRESH WATER ANIMAL PRODUCTS

126.

Interpretation of Part.

127.

Standard for fish.

128.

Standard for fish meat.

129.

Addition of certain substances to fish and fish meat products prohibited.

130.

Standard for prepared fish or prepared fish meat.

131.

Standard for fish binders.

132.

Conditions for sale of filler or fish binder.

133.

Limits for filler and moisture in prepared fish or fish meat.

134.

Standard for preserved fish or fish meat.

135.

Conditions for sale of smoked fish or fish product in sealed container.

136.

Standard for fish paste.

137.

Standard for oysters and other shellfish.

138.

Conditions for sale of shucked oyster.

PART XI – MILK PRODUCTS

139.

Milk product adulterated if containing other fats.

140.

Standard for milk.

141.

Standard for pasteurized milk or milk products.

142.

Standard for ultra high temperature heat treated milk.

143.

Standard for reduced fat milk.

144.

Standard for skimmed milk.

145.

Standard for evaporated milk.

146.

Standard for evaporated skimmed milk.

147.

Standard for sweetened condensed milk.

148.

Standard for skimmed sweetened condensed milk.

149.

Standard for milk powder.

150.

Standard for skimmed milk powder.

151.

Designation of milk or milk products.

152.

Labelling and standard for flavoured milk.

153.

Labelling and standard for flavoured skim milk.

154.

Standard for chocolate drink.

155.

Standard for cheese.

156.

Standard for cheddar cheese.

157.

Fat content for varieties of cheese.

158.

Standard for skim milk cheese.

159.

Standard for cream cheese.

160.

Standard for process cheese, etc.

161.

Standard for skim milk process cheese.

162.

Standard for cottage cheese.

163.

Standard for cream cottage cheese.

164.

Dairy products to be made from a pasteurized source.

165.

Restriction on sale of cottage cheese.

166.

Label declaration for cheese.

167.

Standard for butter.

168.

Standard for ghee.

169.

Standard for cream.

170.

Standard for ice-cream.

171.

Standard for dairy whip.

172.

Standard for milk ice.

173.

Standard for ice confection.

174.

Standard for yoghurt.

PART XII – NON-NUTRITIVE SWEETENERS

175.

Interpretation of Part.

176.

Sale of food containing non-nutritive sweeteners prohibited.

177.

Restriction on sale of non-nutritive sweeteners.

178.

Labelling of food containing non-nutritive sweeteners.

179.

Labelling of packages containing non-nutritive sweeteners.

PART XIII – FRUITS, VEGETABLES AND THEIR PRODUCTS

180.

Interpretation of Part.

181.

Standard for canned vegetables.

182.

Standard for frozen vegetables.

183.

Standard for canned tomatoes.

184.

Label declaration for canned tomatoes.

185.

Standard for tomato juice.

186.

Label declaration for tomato juice.

187.

Standard for tomato paste.

188.

Standard for concentrated tomato paste.

189.

Standard for tomato pulp, etc.

190.

Label declaration for tomato paste, etc.

191.

Standard for tomato catsup.

192.

Limit for mould in tomato products.

193.

Standard for pickles and relishes.

194.

Standard for olives.

195.

Standard for canned fruit.

196.

Standard for frozen fruit.

197.

Label declaration for canned fruit packed in syrup.

198.

Labelling of frozen fruit packed in sugar, etc.

199.

Labelling of frozen fruit containing added ascorbic acid.

200.

Labelling of canned or frozen fruit containing food additives.

201.

Standard for fruit juice.

202.

Fruit juice to conform to standard.

203.

Standard for apple juice.

204.

Standard for grape juice.

205.

Standard for grapefruit juice.

206.

Standard for lemon juice.

207.

Standard for lime juice.

208.

Standard for orange juice.

209.

Standard for pineapple juice.

210.

Standard for carbonated fruit juice.

211.

Standard for concentrated fruit juice.

212.

Standard for jam.

213.

Standard for fruit jelly.

214.

Standard for mincemeat.

PART XIV – ALCOHOLIC BEVERAGES

215.

Interpretation of Part.

216.

Restriction on sale of distilled alcoholic beverage, liqueur or cordial.

217.

Standard for whisky.

218.

Claim with respect to age of whisky.

219.

Standard for Scotch whisky.

220.

Standard for Irish whiskey.

221.

Standard for Canadian whisky, etc.

222.

Standard for rum.

223.

Standard for gin.

224.

Standard for dry gin.

225.

Standard for brandy.

226.

Standard for Cognac brandy or Cognac.

227.

Standard for Armagnac brandy or Armagnac.

228.

Standard for imported brandy.

229.

Standard for fruit brandy.

230.

Standard for liqueurs and alcoholic cordials.

231.

Standard for vodka.

232.

Standard for wine.

233.

Limit for volatile acid in wine.

234.

Standard for fruit wine.

235.

Standard for vermouth or flavoured wine.

236.

Standard for cider.

237.

Limit for volatile acid in cider.

238.

Standard for beer, ale, stout, porter, lager beer, etc.

239.

Standard for opaque beer.

PART XV – SOFT DRINKS

240.

Standard for, and labelling of, soft drinks.

PART XVI – TEA

241.

Standard for tea.

PART XVII – COFFEE

242.

Standard for green coffee.

243.

Standard for roasted coffee.

244.

Standard for instant or soluble coffee.

245.

Restriction on sale of decaffeinated coffee.

PART XVIII – BAKING POWDER

246.

Standard for baking powder.

PART XIX – GRAIN AND BAKERY PRODUCTS

247.

Standard for flour and wholemeal atta.

248.

Standard for sooji or semolina.

249.

Standard for enriched flour.

250.

Standard for crushed wheat or cracked wheat.

251.

Standard for corn starch.

252.

Standard for rice.

253.

Standard for maizemeal.

254.

Minimum amount of egg yolk solid specified in egg macaroni, etc.

255.

Standard for white bread.

256.

Standard for brown bread.

257.

Standard for speciality bread.

PART XX – FATS AND OILS

258.

General standard for vegetable fats and oils.

259.

Standard for animal fats and oils.

260.

Standard for olive oil.

261.

Standard for cotton seed oil.

262.

Standard for maize oil.

263.

Standard for groundnut oil.

264.

Standard for soya bean oil.

265.

Standard for sunflower seed oil.

266.

Standard for coconut oil.

267.

Standard for sesame seed oil.

268.

Standard for refined vegetable oil.

269.

Standard for shortening.

270.

Standard for lard.

271.

Standard for margarine.

272.

Standard for dripping.

PART XXI – SPICES, DRESSINGS AND SEASONINGS

273.

Standard for cloves.

274.

Standard for ginger.

275.

Standard for mustard.

276.

Standard for allspice or pimento.

277.

Standard for cinnamon.

278.

Standard for Ceylon cinnamon.

279.

Standard for mace.

280.

Standard for nutmeg.

281.

Standard for black pepper.

282.

Standard for white pepper.

283.

Standard for cayenne pepper.

284.

Standard for turmeric.

285.

Standard for sage.

286.

Standard for thyme.

287.

Standard for caraway seed.

288.

Standard for cardamom.

289.

Standard for celery seed.

290.

Standard for coriander seed.

291.

Standard for dill seed.

292.

Standard for mustard seed.

293.

Standard for marjoram.

294.

Standard for curry powder.

295.

Standard for mayonnaise.

296.

Standard for French dressing.

297.

Standard for salad dressing.

PART XXII – SALT

298.

Standard for salt.

299.

Standard for table salt or salt for general household use.

300.

Revoked.

PART XXIII – VINEGAR

301.

Standard for vinegar.

302.

Mode of reference to the strength of vinegar.

303.

Standard for wine vinegar.

304.

Standard for spirit vinegar, etc.

305.

Standard for malt vinegar.

306.

Standard for cider vinegar or apple vinegar.

307.

Standard for imitation vinegar or vinegar substitute.

308.

Labelling of imitation vinegar or vinegar substitute.

PART XXIV – COCOA PRODUCTS

309.

Standard for cacao beans.

310.

Standard for cacao nibs.

311.

Standard for chocolate.

312.

Ingredients for processing cocoa products.

313.

Restriction on the sale of cocoa products processed with hydroxides or carbonates of magnesium.

314.

Limits of ash for cocoa products processed with alkali.

315.

Standard for sweet chocolate.

316.

Standard for milk chocolate.

317.

Standard for cocoa.

318.

Standard for cocoa butter.

318A.

318B.

PART XXV – OFFENCES AND PENALTY

319.

Offences and penalties.

SCHEDULES

FIRST SCHEDULE

COMMON NAMES AND ACCEPTABLE COMMON NAMES OF CERTAIN FOODS FOR PURPOSE OF REGULATION 4(B)(IV)

SECOND SCHEDULE

THIRD SCHEDULE

STANDARDS FOR SPECIFIED FOOD COLOURS

FOURTH SCHEDULE

EXEMPTION LIMITS FOR POISONOUS OR HARMFUL SUBSTANCES IN FOOD

FIFTH SCHEDULE

FOOD, DRUGS AND CHEMICAL SUBSTANCES (FOOD LABELLING, ADDITIVES AND STANDARDS) REGULATIONS, 1978
[L.N. 107/1978, L.N. 228/1978, L.N. 55/1979, L.N. 296/1979, L.N. 121/1980, L.N. 206/1985, L.N. 63/1986, L.N. 189/1988, L.N. 516/1988.]
FOOD, DRUGS AND CHEMICAL SUBSTANCES (FOOD LABELLING, ADDITIVES AND STANDARDS) REGULATIONS, 1978
[L.N. 107/1978, L.N. 228/1978, L.N. 55/1979, L.N. 296/1979, L.N. 121/1980, L.N. 206/1985, L.N. 63/1986, L.N. 189/1988, L.N. 516/1988, L.N. 37/1999.]
FOOD, DRUGS AND CHEMICAL SUBSTANCES (FOOD LABELLING, ADDITIVES AND STANDARDS) REGULATIONS, 1978
[L.N. 107/1978, L.N. 228/1978, L.N. 55/1979, L.N. 296/1979, L.N. 121/1980, L.N. 206/1985, L.N. 63/1986, L.N. 189/1988, L.N. 516/1988, L.N. 37/1999, L.N. 154/2009.]
FOOD, DRUGS AND CHEMICAL SUBSTANCES (FOOD LABELLING, ADDITIVES AND STANDARDS) REGULATIONS, 1978
[L.N. 107/1978, L.N. 228/1978, L.N. 55/1979, L.N. 296/1979, L.N. 121/1980, L.N. 206/1985, L.N. 63/1986, L.N. 189/1988, L.N. 516/1988, L.N. 37/1999, L.N. 154/2009, L.N. 105/2010.]
FOOD, DRUGS AND CHEMICAL SUBSTANCES (FOOD LABELLING, ADDITIVES AND STANDARDS) REGULATIONS, 1978
[L.N. 107/1978, L.N. 228/1978, L.N. 55/1979, L.N. 296/1979, L.N. 121/1980, L.N. 206/1985, L.N. 63/1986, L.N. 189/1988, L.N. 516/1988, L.N. 37/1999, L.N. 154/2009, L.N. 105/2010, L.N. 62/2012.]
FOOD, DRUGS AND CHEMICAL SUBSTANCES (FOOD LABELLING, ADDITIVES AND STANDARDS) REGULATIONS, 1978
[L.N. 107/1978, L.N. 228/1978, L.N. 55/1979, L.N. 296/1979, L.N. 121/1980, L.N. 206/1985, L.N. 63/1986, L.N. 189/1988, L.N. 516/1988, L.N. 37/1999, L.N. 154/2009, L.N. 105/2010, L.N. 62/2012, Corr. No. 50/2013.]
FOOD, DRUGS AND CHEMICAL SUBSTANCES (FOOD LABELLING, ADDITIVES AND STANDARDS) REGULATIONS, 1978
[L.N. 107/1978, L.N. 228/1978, L.N. 55/1979, L.N. 296/1979, L.N. 121/1980, L.N. 206/1985, L.N. 63/1986, L.N. 189/1988, L.N. 516/1988, L.N. 37/1999, L.N. 154/2009, L.N. 105/2010, L.N. 62/2012, Corr. No. 50/2013, L.N. 157/2015.]
PART I – PRELIMINARY
1.
Citation

These Regulations may be cited as the Food, Drugs and Chemical Substances (Food Labelling, Additives and Standards) Regulations, 1978 and shall come into operation on 1st May, 1979.

PART II – LABELLING, SPECIAL DIETARY FOODS AND POLICY
3.
Sale of unlabelled food prohibited

No person shall sell a manufactured, processed or prepacked food, unless a label has been affixed or applied to that food.

4.
Declarations to be included on food labels

The label applied to a food shall carry—

(a)

on the main panel—

(i) the brand or trade name of that food (if any);
(ii) the common name of the food;
(iii) in close proximity to the common name, a correct declaration of the net contents in terms of weight, volume or number in accordance with the usual practice in describing the food;
(b)

grouped together on any panel—

(i) a declaration by name of any preservatives used in the food;
(ii) a declaration of permitted food colour added to the food;
(iii) a declaration of any artificial or imitation flavouring preparation added to the food;
(iv) in the case of a food consisting of more than one ingredient, a complete list of their acceptable common names in descending order of their proportions, unless the quantity of each ingredient is stated in terms of percentages or proportionate compositions; and
(v) any other statement required under the provisions of these Regulations to be declared on the label.
(c)

on any panel, the name and address of the manufacturer, packer or distributor of the food.

5.
Labelling information not to appear at bottom of container

Notwithstanding regulation 4 of these Regulations, the information required to appear on the label shall not be placed at the bottom of any food container.

6.
Manner of displaying common names and declaration of net contents. Supra

For the purposes of regulation 7 of the Food, Drugs and Chemical Substances (General) Regulations and regulation 4(a) of these Regulations—

(a)

a common name consisting of more than one word shall be deemed to be clearly and prominently displayed on the main panel of the label if each word, other than articles, conjunctions or prepositions, is in identical type and identically displayed; and

(b)

a declaration of net contents including each numeral in any indicated fraction on a package of food shall be deemed to be clearly and prominently displayed thereon if it is in bold face type.

7.
Position or size of declaration of net contents on labels of certain glass containers

Regulation 7 of the Food, Drugs and Chemical Substances (General) Regulations, 1978 and regulation 4(a)(iii) of these Regulations shall not apply to the position or size of the declaration of net contents on the label of a food packed in glass containers on which the declaration appears twice on the shoulder or upper part of the container in block lettering or to the containers of alcoholic beverages and soft drinks.

8.
Label declarations to appear clearly on both the inner and outer label

Where both the inner and the outer labels are used on a package of food, the label declarations required by these Regulations to appear thereon shall appear on both the inner and outer labels.

9.
Restriction on reference to the Act on the label or in advertisement

No direct or indirect references to the Act or to these Regulations shall be made upon any label of, or in any advertisement for, a food unless the reference is a specific requirement of the Act or these Regulations.

10.
Food sold in bulk exempted from requirements of label declarations

Regulations 3 and 4 shall not apply to food sold in bulk or packaged from bulk at the place where the food is retailed.

11.
Acceptable common names for certain foods

For the purposes of regulation 4(b)(iv), a name set out in column 2 of Part II of the First Schedule to these Regulations is the acceptable common name for the food set out in column 3 thereof in relation to the same item.

12.
Label declaration not required to indicate the presence of caramel as food colour in certain foods

Notwithstanding the provisions of regulation 4(b)(ii), it shall not be necessary to indicate the presence of caramel as a food colour on the label in—

(a)

non-excisable fermented beverages;

(b)

sauces;

(c)

spirituous liquors;

(d)

vinegar, except spirit vinegar or blends containing spirit vinegar;

(e)

wine; and

(f)

soft drinks.

13.
Exemptions of label declaration from indicating the presence of sulphurous acid in certain foods

Notwithstanding the provisions of regulation 4(b)(i), it shall not be necessary to indicate the presence of sulphurous acids including salts thereof in or upon the label of—

(a)

glucose;

(b)

glucose solids;

(c)

syrup;

(d)

confectionery;

(e)

malt liquor;

(f)

wine; and

(g)

soft drinks.

14.
Exemption of label declaration from indicating the presence of artificial flavourings in certain foods

Notwithstanding the provisions of regulation 4(b)(iii), it shall not be necessary to indicate the presence of added artificial or imitation flavouring preparations on the label of liqueurs and alcoholic beverages.

15.
Statement implying special dietary use

Where a statement or claim implying a special dietary use is made on the label of, or in any advertisement for, any food the label shall carry a statement of the type of diet for which the food is recommended.

16.
Label declaration of food containing an artificial sweetener

A food containing saccharin or its salts shall carry on the label a statement to the effect that it contains (naming the synthetic sweetener) a non-nutritive artificial sweetener.

17.
Standard for carbohydrate or sugar reduced foods

Special dietary foods recommended for carbohydrate or sugar reduced diets shall be food that contains not more than 50 per cent of the glycogenic carbohydrate normally present in foods of the same class.

18.
Condition for describing food as sugarless, etc.

For the purposes of these Regulations a food may be described as sugarless, sugar free, low in carbohydrates or by any other synonymous terms if it contains not more than 0.25 per cent glycogenic carbohydrates.

19.
Mode of declaration of carbohydrate content in food

Where a statement or claim relating to the carbohydrate, sugar or starch content is made on the label of, or in any advertisement for, a food the label shall carry a statement of the carbohydrate content in grams per 100 grams or on a percentage basis.

20.
Standard for calorie reduced special dietary foods

Special dietary foods recommended for calorie reduced diets shall be foods that contain not more than 50 per cent of the total calories normally present in foods of the same class.

21.
Conditions for describing food as low calorie

For the purposes of these Regulations a food may be described as low calorie or by any synonymous term if it contains not more than—

(a)

15 calories per average serving; and

(b)

30 calories in a reasonable daily intake.

22.
Mode of declaring calorie content in food

Where a statement or claim relating to the calorie content is made on the label of, or in any advertisement for, a food the label shall carry a statement of the calorie content in calories per 100 grams.

23.
Standard for sodium reduced special dietary food

The number of milligrams of sodium contributed by a reasonable daily intake of a special dietary food recommended for a sodium reduced diet shall not exceed one-sixth the number of milligrams of sodium contained in a reasonable daily intake of the same food.

24.
Conditions for describing food as low sodium and mode of declaration
(1)

For the purposes of these Regulations a food may be described as low sodium or by any synonymous term if it contains not more than—

(a)

10 mg. sodium in an average serving; and

(b)

20 mg. in a reasonable daily intake.

(2)

Where a statement or claim relating to the sodium content is made on the label of, or in any advertisement for, a food the label shall carry a declaration of the sodium content in milligrams per 100 grams.

25.
Restriction on the sale of food containing non-nutritive sweetening agents

No person shall sell a food containing a non-nutritive sweetening agent unless—

(a)

that food meets the requirements for special dietary foods as prescribed in regulation 17 or 20;

(b)

the label carries a statement indicating a special dietary use.

26.
Composition of standardized food
(1)

Where a standard for a food is prescribed in these Regulations—

(a)

that food shall contain only the ingredients included in the standard for that food;

(b)

each ingredient shall be incorporated in the food in the quantity within the limits prescribed for that ingredient; and

(c)

if the standard includes an ingredient to be used as a food additive for a specified purpose, that ingredient shall be a food additive set out in any of the tables contained in the Second Schedule for use as an additive to that food for that purpose.

(2)

Where a standard for a food is not prescribed in these Regulations—

(a)

the food shall not contain any food additive except the food additives set out in any of the tables contained in the Second Schedule for use as additives to that food for the purpose set out in those tables; and

(b)

that food additive shall be incorporated in the food in a quantity within the limits prescribed for that food and food additive in those tables.

27.
Limits of food additives stated to be “good manufacturing practice”

Where the limit prescribed for a food additive in any of the tables in the Second Schedule to these Regulations is stated to be “good manufacturing practice”, the amount of the food additive added to a food in manufacturing and processing shall not exceed the amount required to accomplish the purpose for which that additive is required to be added to that food.

28.
Food additives to meet specifications
(1)

A food additive shall, where specifications are set out in any part of these Regulations for that additive, meet those specifications.

(2)

Where no specifications are set out in any part of these Regulations for a food additive but specifications have been established for that additive under the Standards Act (Cap. 496) or by the Joint Expert Committee on Food Additives of the Food and Agricultural Organization of the United Nations and the World Health Organization, that additive shall meet those specifications.

(3)

Where no specifications for a food additive are set out in any part of these Regulations or established under the Standards Act (Cap. 496) or by the Joint Expert Committee on Food Additives of the Food and Agricultural Organization of the United Nations and the World Health Organization, but specifications are set out for that additive in publication number 1406 for “Food Chemical Codex”—second edition (published by the National Academy of the United States of America), that food additive shall meet those specifications.

29.
Restriction on sale of baby food containing food additives
(1)

No person shall sell a food that is represented for use for babies if the food contains food additives unless permission for such use has been granted by the Minister.

(2)

The provisions of paragraph (1) shall not apply to—

(a)

ascorbic acid used in dry cereals containing banana; or

(b)

soya bean lecithin in rice cereals represented as being for use as baby food.

30.
Components of food ingredients

Where an ingredient of a food has more than one component, the name of all the components shall be included in the list of ingredients, except where such an ingredient is a food for which a standard has been established and such standard does not require a complete list of the ingredients.

31.
Country of origin of food to be declared on the label
(1)

The country of origin of a food shall be declared on the label.

(2)

Where a food undergoes processing in a second country and such processing changes its nature, the country in which the processing was done shall, for the purpose of paragraph (1) of this Regulation, be considered to be the country of origin.

32.
Label declaration for irradiated food

Food which has been treated with ionising radiation shall be so designated on the label.

33.
Misleading grade designations prohibited

Grade designations used on the label shall be readily understood and not misleading or deceptive.

33A.
Expiry date to be on label and prohibition on sale of expired goods
(1)

For the purposes of these Regulations the last day, month and year required to be marked on food produces pursuant to regulation 14(e) of Food, Drugs and Chemical Substances (Food Hygiene) Regulations shall be marked on the label.

(2)

No person shall sell any food whose date marking has expired after that date.

[L.N. 63/1986, s. 2.]

PART III – FOOD ADDITIVES
34.
Limit for food additives prescribed for soft drinks

For the purpose of this Part, unless the context otherwise requires, where a limit for a food additive has been prescribed or exemptions from label declaration in regard to food additives have been permitted under these Regulations for soft drinks it shall include that for a beverage base, beverage mix and beverage concentrate, and the maximum level prescribed for the food additive shall be for the finished drink.

35.
Labelling of substances used as food additives

No person shall sell any substance for use as a food additive unless the label—

(a)

carries a statement of the amount of each additive present; or

(b)

carries a complete list of the food additives present in descending order of their proportion as well as directions for their use which, if followed, shall produce a food not containing such additives in excess of the maximum levels of use prescribed by these Regulations.

36.
Conditions for a request to add to or change food additives
(1)

Any person who wishes to request for a food additive to be added to or a change to be made in any of the tables set out in the Second Schedule to these Regulations shall submit his request to the Minister in a form, manner and content satisfactory to the Minister.

(2)

The request made in accordance with paragraph (1) shall include—

(a)

a description of the food additive, including its chemical name and the name under which it is to be sold, the method of its manufacture, chemical and physical properties, composition and specification, and where that information is not available a detailed explanation;

(b)

a statement of the amount of the food additive proposed for use and the purpose of which it is proposed to be used together with directions, recommendations and suggestions for use;

(c)

where necessary in the opinion of the Minister, an acceptable method of analysis suitable for regulatory purposes that shall determine the amount of the food additive and of any substance resulting from the use of the food additive in the finished food;

(d)

data establishing the fact that the food additive shall have the intended physical or other technical effect;

(e)

detailed reports of tests made to establish the safety of the food additive under the recommended conditions for use;

(f)

data to indicate the residue that may remain in or upon the finished food product when the food additive is used with good manufacturing practice;

(g)

a proposed maximum limit for residues of the food additive in or upon the finished food;

(h)

specimens of the labelling proposed for the food additive; and

(i)

a sample of the food additive in the form in which it is proposed to be used in food, a sample of the active ingredients and, on request by the Minister, a sample of the food containing the food additive.

(3)

The Minister’s decision on a request made under paragraph (1) shall be final and he shall inform in writing the person filing the request of his decision.

37.
Conditions for using more than one Class II preservative

The use of more than one Class II preservative shall be allowed provided the sum of the ratios of the quantities of each preservative present in the product to the quantities permitted under these Regulations shall not exceed one.

38.
Sale of only listed food additives

No person shall sell any substance as a food additive unless the substance is listed in one or more of the tables set out in the Second Schedule.

39.
Exempted foods

Notwithstanding the provisions of these Regulations, subparagraph (c) and (a) of paragraphs (1) and (2) of regulation 26 shall not apply to spices, seasonings, flavouring preparations, essential oils, oleoresins and natural extractives.

40.
Conditions for sale of food containing food additives

No person shall sell a food containing a food additive except as prescribed in regulations 26 and 27 of these Regulations.

PART IV – FOOD COLOURS
41.
Interpretation of Part

For the purposes of this Part—

“colour index numbers” means the numbers allocated to different colours in the colour index published by the Society for Dyers and Colourists of the United Kingdom and the Association of Textile Chemists and Colourists of the United States of America;

“diluent” means any substance suitable for human consumption other than a synthetic colour present in a colour mixture or preparation;

“dye” means the principal dye and associated subsidiary and isomeric dyes contained in synthetic colour;

“lake” means a straight colour extended on a substraction by adsorption, co-precipitation or chemical combination that does not include any combination of the ingredients made by a simple mixing process;

“mixture” means a mixture of two or more synthetic colours or a mixture of one or more synthetic colours with one or more diluents;

“preparation” means a preparation of one or more synthetic colours containing less than three per cent dye and sold for household use;

“synthetic colour” means any organic colour, other than caramel, that is produced by chemical synthesis and has no counterpart in nature.

43.
Prohibition against selling food containing food colours not permitted for sale for use in food

No person shall sell a food to which has been added any colour other than the colours specified in regulation 42 of these Regulations.

44.
Standard for food colours

The food colours listed in regulation 42(c) of these Regulations shall be of the standard set out in the table contained in the Third Schedule.

45.
Prohibition against selling food containing food colours exceeding prescribed limits

No person shall sell a food, other than a synthetic colour or flavouring mixture prepar-ation, that contains when prepared for consumption according to label direction, more than—

(a)

300 parts per million of carmoisine (colour index number 14720, 1971), indigotine (colour index number 73015, 1971), sunset yellow FCF (colour index number 15985, 1971), tartrazine (colour index number 15985, 1971) or any combination of these colours;

(b)

100 parts per million of brilliant blue FCF (colour index number 42090, 1971), erythrosine (colour index number 45430, 1971), ponceau 4R (colour index number 16255, 1971); or

(c)

300 parts per million of any combination of the synthetic colours specified in paragraphs (a) and (b) of this Regulation and within the limits set by those paragraphs.

46.
Limits for metallic contaminants in food colours

No person shall sell a food colour for use in or upon food that contains more than—

(a)

3 parts per million of arsenic calculated as arsenic, as determined by the official method;

(b)

10 parts per million of lead, calculated as lead as determined by the official method; or

(c)

except in case of iron oxide and lakes, a total of 100 parts per million of iron and copper, calculated as iron and copper, and if other heavy metals are present, the colour shall be deemed to be adulterated.

47.
Limit for carotenal in food

No person shall sell food to which has been added more than 35 parts per million of ß -apo-8’-carotenal or ethyl ß -apo-8’-carotenal or methyl ß -apo-8’-carotenoate.

48.
Labelling of synthetic colours

No person shall sell a synthetic colour for use in or upon food unless the label carries—

(a)

the common name of the synthetic colour;

(b)

the lot number of the manufacture of synthetic colour; and

(c)

the words “Food Grade Colour”.

49.
Labelling of mixture or preparations of colours

No person shall sell a mixture or preparation for use in or upon food, unless the label carries—

(a)

the lot number of the mixture or preparation;

(b)

the words “Food Grade Colour”; and

(c)

the common names of the individual colours in the mixture or preparation.

PART V – POISONOUS SUBSTANCES IN FOOD
50.
Limits for poisonous or harmful substances in food

Except as provided in these Regulations, a food specified in Part I or Part II of the table set out in the Fourth Schedule to these Regulations which contains—

(a)

any or all of the poisonous or harmful substances listed in Part I or Part II of the table in amounts not exceeding the quantities stated therein in parts per million (p.p.m.) for that food; and

(b)

no other poisonous or harmful substances,

shall be exempted from the provisions of paragraph (a) of section 3 of the Act.

PART VI – FLAVOURING PREPARATIONS
51.
Standard for flavour, extract or essence

(Naming the flavour) extract or (Naming the flavour) essence of a named flavour shall be a solution in ethyl alcohol, glycerol, propylene glycol or any combination of these, of sapid or odorous extract principles, or both, derived from the plant after which the flavouring extract or essence is named, and may contain water, a sweetening agent, food colour and a Class II or Class IV preservative as prescribed in the Second Schedule.

52.
Standard for artificial or imitation extract or essence

Artificial (Naming the flavour) extract, artificial (Naming the flavour) essence, imitation (Naming the flavour) extract and imitation (Naming the flavour) essence shall be a flavouring extract or essence except that the flavouring principles shall be derived in whole or in part from sources other than the aromatic plant after which it is named, and if such extract or essence is defined in these Regulations the flavouring strength of the artificial or imitation extract or essence shall be not less than that of the extract or essence.

53.
Standard for flavour

A named flavour—

(a)

shall be a preparation, other than a flavouring preparation prescribed in regulation 51 of these Regulations of sapid or odorous principles or both, derived from the aromatic plant after which the flavour is named;

(b)

may contain a sweetening agent, food colour, a Class II preservative, a Class IV preservative or an emulsifying agent as prescribed in the Second Schedule; and

(c)

may have added to it the following liquids only—

(i) water;
(ii) ethyl alcohol;
(iii) glycerol;
(iv) propylene glycol; and
(v) edible vegetable oil.
54.
Standard for artificial or imitation flavour

A named artificial or imitation flavour shall be a flavour except that the flavouring principles may be derived wholly or partly from sources other than the aromatic plant after which it is named, and if such flavour is defined in these Regulations the flavouring strength of the artificial or imitation flavour shall be not less than that of the flavour.

55.
Standard for fruit extract or essence naturally fortified

Notwithstanding regulations 51 and 53 (a named fruit) extract naturally fortified, (a named fruit) essence naturally fortified or (a named fruit) flavour naturally fortified shall be an extract, essence or flavour derived from the named fruit to which natural extractives have been added fifty-one per cent of the flavouring strength shall be derived from the named plant.

56.
Labelling of or advertisement for artificial flavouring preparations

The label of or any advertisement for an artificial or imitation flavouring preparation shall have the word “artificial” or “imitation” as an integral part of the name of such flavouring preparation and in identical type and identically displayed with such name.

57.
Standard for almond essence, extract or flavour

Almond essence, almond extract or almond flavour shall be the essence, extract or flavour derived from the kernels of the bitter almond, apricot or peach and shall contain not less than one per cent by volume of hydrocyanic acid-free volatile oil obtained therefrom.

58.
Standard for anise essence, extract or flavour

Anise essence, anise extract or anise flavour shall be the essence, extract or flavour derived from the natural or terpeneless oil of anise and shall correspond in flavouring strength to an alcoholic solution containing not less than 3 per cent by volume of oil of anise, the volatile oil obtained from the fruit of Pimpinella anisum L., or illicium verum Hook.

59.
Standard for celery seed essence, extract or flavour

Celery seed essence, celery seed extract or celery seed flavour shall be the essence, extract or flavour derived from celery seed or the terpeneless oil of celery seed and shall correspond in flavouring strength to an alcoholic solution containing not less than 0.3 per cent by volume of volatile oil of celery seed.

60.
Standard for cassia essence, extract or flavour or cassia cinnamon extract, essence or flavour

Cassia essence, cassia extract or cassia flavour or cassia cinnamon essence, cassia cinnamon extract, cassia cinnamon flavour shall be the essence, extract or flavour derived from the natural or terpeneless oil obtained from the leaves and twigs of cinnamomum cassia L. and containing not less than 80 per cent cinnamic aldehyde, and shall correspond in flavouring strength to an alcoholic solution containing not less than 2 per cent by volume of volatile oil of cassia cinnamon.

61.
Standard for Ceylon cinnamon essence, extract or flavour

Ceylon cinnamon essence, Ceylon cinnamon extract or Ceylon cinnamon flavour shall be the essence, extract or flavour derived from volatile oil obtained from the bark of cinnamomum Zeylanicum Nees, and shall contain—

(a)

not less than 2 per cent by volume of oil of Ceylon cinnamon;

(b)

not less than 65 per cent cinnamic aldehyde; and

(c)

not more than 10 per cent of eugenol.

62.
Standard for clove essence, extract or flavour

Clove essence, clove extract or clove flavour shall be the essence, extract or flavour derived from the volatile oil obtained from clove buds and shall contain not less than 2 per cent by volume of oil of clove.

63.
Standard for ginger essence, extract or flavour

Ginger essence, ginger extract or ginger flavour shall be the essence, extract or flavour derived from ginger and shall contain, in 100 millilitres, the alcohol soluble matter from not less than 20 grams of ginger.

64.
Standard for lemon essence, extract or flavour

Lemon essence, lemon extract or lemon flavour shall be the essence, extract or flavour prepared from the natural or terpeneless oil of lemon or from lemon peel and shall contain not less than 0.2 per cent citral derived from oil of lemon.

65.
Standard for nutmeg essence, extract or flavour

Nutmeg essence, nutmeg extract or nutmeg flavour shall be the essence, extract or flavour prepared from the natural or terpeneless oil of nutmeg and shall correspond in flavouring strength to an alcoholic solution containing not less than 2 per cent by volume of oil of nutmeg.

66.
Standard for orange essence, extract or flavour

Orange essence, orange extract or orange flavour shall be the essence, extract or flavour prepared from sweet orange peel, oil of sweet orange or terpeneless oil of sweet orange, and shall correspond in flavouring strength to an alcoholic solution containing 5 per cent by volume of oil of sweet orange, the volatile oil obtained from the fresh peel of Citrus aurantium L., that shall have an optical rotation, at a temperature of 25°C., of not less than +95°, using a tube 100 millimetres in length.

67.
Standard for peppermint essence, extract or flavour

Peppermint essence, peppermint extract or peppermint flavour shall be the essence, extract or flavour prepared from peppermint or oil of peppermint, obtained from the leaves and flowering tops of Mentha piperita L., or of Mentha arvensis De. C., var. piperascens Holmes, and shall correspond in flavouring strength to an alcoholic solution of not less than 3 per cent by volume of oil of peppermint, containing not less than 50 per cent free and combined menthol.

68.
Standard for rose essence, extract or flavour

Rose essence, rose extract or rose flavour shall be the essence, extract or flavour obtained from the petals of Rosa damascene., Mill, or R. moschata Herrm, and shall contain not less than 0.4 per cent by volume of attar of rose.

69.
Standard for savoury essence, extract or flavour

Savoury essence, savoury extract or savoury flavour shall be the essence, extract or flavour prepared from savoury or oil of savoury and shall contain not less than 0.35 per cent by volume of savoury.

70.
Standard for spearmint essence, extract or flavour

Spearmint essence, spearmint extract or spearmint flavour shall be the essence, extract or flavour prepared from oil of spearmint obtained from the leaves and flowering tops of Mentha spicata L., and Mentha cardiac, and shall contain not less than 3 per cent by volume of oil of spearmint.

71.
Standard for sweet basil essence, extract or flavour

Sweet basil essence, sweet basil extract or sweet basil flavour shall be the essence, extract or flavour prepared from sweet basil or oil of sweet basil obtained from the leaves and tops of Ocymum basilcum L., and shall contain not less than 0.1 per cent by volume of oil of sweet basil.

72.
Standard for sweet marjoram essence, extract or flavour

Sweet marjoram essence, sweet marjoram extract or sweet marjoram flavour or marjoram essence, marjoram extract or marjoram flavour shall be the essence, extract or flavour prepared from marjoram or from oil of marjoram and shall contain not less than 1 per cent by volume of oil of marjoram.

73.
Standard for thyme essence, extract or flavour

Thyme essence, thyme extract or thyme flavour shall be the essence, extract or flavour prepared from oil of thyme and shall contain not less than 0.2 per cent by volume of oil of thyme.

74.
Standard for vanilla essence, extract or flavour

Vanilla essence, vanilla extract or vanilla flavour—

(a)

shall be the essence, extract or flavour prepared from the vanilla bean, the dried, cured fruit of vanilla planifolia Andrews or vanilla tahitensis J. W. Moore; and

(b)

shall contain in 100 millilitres, regardless of the method of extraction, at least the quantity of soluble substances in the natural proportions that are extractable by the official method from—

(i) not less than 10 grams of vanilla beans, where such beans contain 25 per cent or less moisture; and
(ii) not less than 7.5 grams of vanilla beans on the moisture-free basis, where such beans contain not more than 25 per cent moisture; and
(c)

notwithstanding regulations 51 and 53 of these Regulations shall not contain added colour.

75.
Standard for wintergreen essence, extract or flavour

Wintergreen essence, wintergreen extract or wintergreen flavour shall be the essence, extract or flavour prepared from oil of wintergreen, the volatile oil distilled from the leaves of Gaultheria procumbens L., or from Betula lenta L., and shall contain not less than 3 per cent by volume of wintergreen.

PART VII – SWEETENING AGENTS
76.
Standard for sugar

Sugar shall be the food chemically known as sucrose and shall conform to the following composition—

(a)

polarization, not less than 99.7° S;

(b)

invert sugar, not more than 0.1 per cent;

(c)

ash, not more than 0.1 per cent;

(d)

moisture, not more than 0.1 per cent;

(e)

colour, not more than 500 ICUMSA units.

77.
Standard for liquid sugar

Liquid sugar shall be the food obtained by dissolving sugar in water.

78.
Standard for invert sugar

Invert sugar shall be the food obtained by the partial or complete hydrolysis of sucrose.

79.
Standard for liquid invert sugar

Liquid invert sugar shall be the food consisting of a solution of invert sugar in water.

80.
Restriction of sale of liquid sugar or liquid invert sugar

No person shall sell liquid sugar or liquid invert sugar unless the label carries a statement of the percentage of liquid sugar or liquid invert sugar contained therein.

81.
Standard for icing sugar

Icing or powdered sugar shall be powdered sugar which may contain either not more than 5 per cent starch or an anti-caking agent in quantities prescribed in the Second Schedule.

82.
Standard for brown sugar

Brown sugar, yellow sugar or golden sugar—

(a)

shall be the food obtained from the syrups originating from the sugar refining process; and

(b)

shall contain not less than 90 per cent sugar and invert sugar and not more than—

(i) 4.5 per cent moisture; and
(ii) 3.5 per cent sulphated ash.
83.
Standard for refined sugar syrup

Refined sugar syrup, refiner’s syrup or golden syrup—

(a)

shall be the food made from syrup or originating from sugar refining process which may be hydrolized; and

(b)

shall contain not more than—

(i) 35 per cent moisture; and
(ii) 2.5 per cent sulphated ash.
84.
Standard for dextrose or dextrose monohydrate

Dextrose or dextrose monohydrate—

(a)

shall be the food chemically known as dextrose;

(b)

shall contain total solids content of not less than 90 per cent; and

(c)

shall contain not more than—

(i) 10 per cent moisture; and
(ii) 0.25 per cent ash.
85.
Standard for liquid glucose

Liquid glucose or glucose syrup—

(a)

shall be the thick, syrupy nearly colourless food made by the incomplete hydrolysis of starch or of starch containing substance;

(b)

shall contain not less than 20 per cent reducing sugar calculated as dextrose on moisture-free basis;

(c)

may contain sulphurous acid or its salts as prescribed in the Second Schedule; and

(d)

shall contain not more than—

(i) 25 per cent moisture; and
(ii) 1 per cent ash. [L.N. 55/1979, Sch.]
86.
Standard for glucose solids

Glucose solids—

(a)

shall be the nearly colourless food made by the incomplete hydrolysis of starch or of starch containing substances, and if the glucose is derived from corn may be called “corn syrup solids”;

(b)

may contain sulphurous acid or its salts as prescribed in the Second Schedule;

(c)

shall contain not more than—

(i) 6 per cent moisture; and
(ii) 1.25 per cent ash; and
(d)

shall not contain less than 15 per cent reducing sugar calculated as dextrose on a moisture-free basis.

87.
Standard for glucose syrup

Glucose syrup of a named source—

(a)

shall be glucose;

(b)

may contain—

(i) a sweetening agent;
(ii) a flavouring preparation;
(iii) sorbic acid; and
(iv) sulphurous acid or its salts as prescribed in the Second Schedule; and
(c)

shall contain not more than—

(i) 35 per cent moisture; and
(ii) 3 per cent ash;
88.
Standard for honey

Honey—

(a)

shall be the food derived solely from the nectar of flowers and other sweet exudation of plants by bees;

(b)

shall contain not less than 60 per cent invest sugar; and

(c)

shall contain not more than—

(i) 20 per cent moisture;
(ii) 8 per cent sucrose; and
(iii) 1 per cent ash.
PART VIII – MEAT, ITS PREPARATION AND PRODUCTS