MILK (URBAN COUNCIL) BYLAWS

MILK (URBAN COUNCIL) BYLAWS

MILK (URBAN COUNCIL) BYLAWS

ARRANGEMENT OF BYLAWS

Bylaw Page

PART I

PRELIMINARY

1. Citation ............................AS 3
2. Application .........................AS 3
3. Interpretation ......................AS 3
4. Amendment of Schedule 1 .............AS 4

PART 11

SALE OF MILK AND MILK
BEVERAGES

5. Permits to sell milk or milk beverage AS 4
5A. Restriction on sale, etc. of imported milk or milk beverage AS 4
6. Prohibition of sale of milk or milk beverage in certain cases AS 5
7. Milk or milk beverage to be heat-treated before sale AS 5
8. Ingredient not to be added to cream .AS 6
9. Milk not to be sold except in approved containers AS 6
10. (Repealed) .........................m 6
11. As to beverages resembling, etc. milk AS 6
12. Precautions against contamination of milk, etc . AS 6
13. Milk or milk beverage to be kept below 10'C pending sale AS 7
13A. Transport of milk or milk beverage AS 7

PART III

PROCESSING AND RECONSTITUTING MILK AND MILK
BEVERAGES

14. Business of milk factory not to be carried out except by licence AS 7
15. Application for licence ............AS 8
16. Conditions of grant of licence .....AS 8
17. Restriction on alterations or additions to licensed premises AS 10
18. Prohibition of possession of contaminated or adulterated milk or milk
beverage by licensees under this Part ..AS 10
19. Requirements as to heat-treatment apparatus AS 11

20. Control of heat-treatment of m-ilk or milk beverage from outside Hong Kong AS 11

21. Certain ingredients not to be used in the reconstitution of milk or milk
beverage ...............................AS 11
21A. Prohibition of use by licensee of milk other than from licensed dairies AS 12

10 - - ~--





Bylaw Page

22......................................General cleanliness of premises and equipment AS 12
23......................................Construction and design of vessels or containers AS 12
24......................................Sterilization of vessels and utensils AS 12

25. Utensils used in the processing of milk or milk beverage not to be used for

drinking .............................AS 13
26......................................Restriction on smoking AS 13

27. Milk or milk beverage processing establishments not to be used for dwelling

purposes ..........................AS 13

28. Prevention of contamination of milk or milk beverage by contact with certain

clothing .............................AS 13
29......................................Spitting AS 13
30......................................Personal cleanliness AS 14
31......................................Prevention of vermin AS 14

32. Yards, alleys, etc. not to be used for processing or reconstituting milk or milk

beverage .............................AS 14
33......................................Cleansing of water tanks AS 14
34......................................General precautions against contamination of milk or milk beverage AS 15
35......................................Restriction on employment of persons likely to spread disease AS 15
36......................................Immunization of staff against certain diseases AS 16

PARTIV
MISCELLANEOUS
37. Prevention of supply of milk or milk beverage to the danger of public health AS 16

38......................................Keeping of report books AS 17
39......................................Fees AS 17
40......................................Offences and penalties AS 17
41......................................Name in which proceedings for offences may be brought AS 18

Schedule 1. Methods of heat-treatment ...AS 19

Schedule.................................2.Fees
............................................................................................................. AS 19





MILK (URBAN COUNCIL) BYLAWS
(Cap. 132, section 56)
[11 November 19601 G.N.A.132 of 1960

G.N.A. 106 of 1960 - 5 of 1961, G.N.A. 37 of 1962, L.N. 86 of 1964, L.N. 32 of 1967, L.N. 133 of
1970, L.N. 101 of 1971, L.N. 280 of 1975, L.N. 259 of 1977, L.N. 165 of 1978, L.N. 89 of
1979, L.N. 74 of 1980, L.N. 92 of 1981, L.N. 230 of 1982, L.N. 101 of 1983, 10 of 1986,
L.N. 144 of 1987, L.N. 232 of 1987, L.N. 298 of 1987, R. Ed. 1987, L.N. 347 of 1989, 1
0

PART 1

PRELIMINARY

1. Citation

These bylaws may be cited as the Milk (Urban Council) Bylaws.

(10 of 1986s. 32 (2)

2. Application

These bylaws apply to the Urban Council area only.

(10 of 1986 s. 32(2) )

3. Interpretation

In these bylaws, unless the context otherwise requires

'bottling' means, in relation to milk or any milk beverage, any method of inserting
milk or a milk beverage into bottles or other kinds of containers for sale or for
use in the making or preparation of food for sale; (L.N. 259 of 1977)

'business as a milk factory' means a business described under bylaw 14(2); (L.N.
101 of 1971)

'container' includes any cover attached to a container;

'Council' means the Urban Council;

'disease' means any disease of a communicable nature;

'heat-treatment' means the processing of milk or any milk beverage by any of the
methods described in Schedule 1; (L.N. 259 of 1977)

'licence' means a licence granted under bylaw 14; (L.N. 101 of 1971)

'milk' means cow's milk, buffalo's milk and goat's milk and also means cream and
frozen or reconstituted milk and cream, but does not include separated milk,
dried milk or condensed milk;





'milk beverage' means any beverage resulting from the combining with a liquid

of milk fat and other solids derived from milk whether exclusive of any
food additive or otherwise; (L.N. 259 of 1977)
'processing' means, in relation to milk or any milk beverage, heat-treatment,
bottling or storage for heat-treatment, and bottling for sale or for use in
the making or preparation of food for sale; (L.N. 259 of 1977)
'reconstituted milk' means products resulting from the recombining with water
of milk constituents, namely, milk fat and other solids derived from milk
exclusive of any other substance, and includes the products resulting from
the melting of frozen concentrated milk, and 'to reconstitute milk' shall be
construed accordingly; (L.N. 32 of 1967)
',sale' includes to sell, offer or expose for sale or possess for the purpose of sale.

4. Amendment of Schedule 1

The Council may from time to time, by notification published in the

Gazette, amend Schedule 1.

PART 11

SALE OF MILK AND MILK BEVERAGES
(L.N. 259 of 1977)

5. Permits to sell milk or milk beverage

(1) No person shall sell any milk or milk beverage for human

consumption save under and in accordance with the permission in writing of the
Council granted under by-law 31 of the Food Business (Urban Council) By-laws
(Cap. 132 sub. leg.).

(2) Notwithstanding anything contained in paragraph (1), no permit shall
be required for the sale in sealed containers of such brands of sterilized milk or
sterilized milk beverage as the Council may approve, if it is satisfied that there is
no danger to public health. (L.N. 86 of 1964)
(L.N. 259 of 1977; 10 of 1986 s. 32 (2)


(1) No person shall sell or advertise for sale, any milk or milk beverage

imported into Hong Kong from a source of manufacture other than a source of
manufacture which has been approved by the Council.

(2) For the purpose of this bylaw, the Council shall not approve any
source of manufacture of milk or milk beverage unless it is satisfied that heat-





treatment is included in the process of manufacture of such milk or milk beverage.

(3) In any proceedings for an ofrence under paragraph (1) alleging advertising
for sale, it shall be a defence for a defendant to prove that he was at the time the
ofrence is alleged to have occurred a person whose business it was to publish, or
arrange for the publication of, advertisements and that he received the
advertisement for publication in the ordinary course of that business.

(L.N. 144 of 1987)

6. Prohibition of sale of milk or milk

beverage in certain cases

(1) No person shall sell any milk or milk beverage for human consumption if

(a)except in the case of imported frozen pasteurized whole milk, it has
been heat-treated more than once; or

(b)it contains at any time before heat-treatment, more than 200 000
bacteria per millilitre or any coliform organisms in 1/1000th (0.00 1) of a
millilitre; or

(c)it contains at any time after heat-treatment by any of the methods of
pasteurization described in Schedule 1 more than 30 000 bacteria per
millilitre or any coliform organisms in 1 / 1 10th (0.1) of a millilitre; or
(L.N.144 of 1987)

(d)it contains at any time after heat-treatment by any of the methods of
sterilization described in Schedule 1 a colony count of 10 or more, (L.N.
101 of 1971; L.N. 144 of 1987)

(2) For the purposes of this bylaw, milk or a milk beverage shall be deemed to
be possessed for the purpose of sale notwithstanding that it is intended that such
milk or such milk beverage shall be subjected to heat-treatment before sale.

(G.N.A. 37 of 1962; L.N. 259 of 1977)

7. Milk or milk beverage to he beat-treated before sale

No person shall sell for human consumption any milk or any milk beverage
which has not been heat-treated: (L.N. 259 of 1977)

Provided that nothing in this bylaw shall be construed to prevent

(a) the sale-

(i) of milk by wholesale to a milk factory; or

(ii) of milk which is to be used as an ingredient in any other article of
food which requires cooking after the addition of the milk before
it can be consumed; or

(b) the possession for the purposes of sale of any such milk.





8. Ingredient not to he added to cream

No person shall sell for human consumption any cream to which an ingredient
other than one specified in item 12 of the First Schedule to the Food and Drugs
(Composition and Labelling) Regulations (Cap. 132 sub. leg.) has been added, and
no such ingredient shall be added in an amount in excess of that permitted by that
item.

(L.N. 347 of 1989)

9. Milk not to he sold except in approved containers

No person shall sell any milk for human consumption save in containers of a
type approved by the Council:

Provided that the provisions of this bylaw shall not apply to milk which is sold
by wholesale to a milk factory.

10. (Repealed L.N. 32 of 1967)

11. As to beverages resembling, etc. milk

(1) No person shall sell for human consumption

(a) any milk beverage; (L.N. 259 of 1977)

(b)any beverage which is described for the purpose of sale by any name,
trade mark or trade description which includes the word 'milk' or
'cream' or the Chinese characters V3 or or any word or character
implying that such beverage is or contains milk or cream; or

(c)any soya bean juice or coconut juice (except in whole coconuts) or
any other beverage which resembles milk either in colour, taste,
appearance or consistency,

unless it is contained in a container of a type approved by the Council. (L.N. 32 of
1967)

(2) The provisions of paragraph (1) shall not apply to any beverage specified in
that paragraph which is sold for human consumption on premises in respect of
which a licence has been granted by the Council under the Food Business (Urban
Council) By-laws (Cap. 132 sub. leg.) so long as such beverage is not sold under
any description which is false or misleading as to the true nature of its principal
ingredients. (10 of 1986 s. 32(2)

12. Precautions against contamination of milk, etc.

Every person in possession for the purpose of sale of any milk or any of the
beverages specified in bylaw 11 (1) shall take all reasonable and proper precautions
to prevent infection or contamination thereof.





13. Milk or milk beverage to be kept

below 10`C pending sale

(1) No person shall keep any milk or any milk beverage, except sterilized milk or
a sterilized milk beverage in sealed containers, for the purpose of sale in any place
the temperature of which exceeds 10'C.

(2) No person shall transport, or cause to be transported, for the purposes of
his trade or business any milk or any milk beverage, except sterilized milk or a
sterilized milk beverage in sealed containers, in such manner that the temperature of
the milk or the milk beverage at any time during transport exceeds 1 10'C

(G.N.A. 37 of 1962; L.N. 133 of 1970; L.N. 259 of 1977)

13A. Transport of milk or milk beverage

(1) No person shall transport or cause to be transported, for the purpose of his
trade or business, any milk or any milk beverage unless

(a)in the case of milk or milk beverage which has not been heat-treated,
such milk or milk beverage is contained in vessels, containers or
receptacles of a type which is hygienically suitable for the
transportation of such milk or milk beverage;

(b)in the course of transportation all reasonable and proper precautions
are taken to prevent infection or contamination thereof; and

(c)the interior of the vehicle or conveyance used for or in connection
with the transportation of such milk or milk beverage is kept in a clean
condition at all times.

(2) Without lawful authority or lawful excuse no person shall open the vessel,
container or receptacle containing any milk or milk beverage in the course of
transportation.

(L.N. 347 of 1989)

PART 111

PROCESSING AND RECONSTITUTING MILK AND MILK
BEVERAGES

(L.N. 259 of 1977)

14. Business of milk factory not to he
carried out except by licence

(1) Save under and in accordance with a milk factory licence granted by the
Council and in such premises as shall be specified in such licence, no person shall
carry on a business as a milk factory.





(2) For the purpose of this bylaw, a person carries on a business as a milk
factory if he processes or reconstitutes any milk or milk beverage or causes any milk
or milk beverage to be processed or reconstituted for the purpose of sale.

(3) This bylaw does not apply where any milk or any milk beverage is processed
or reconstituted on premises in relation to which a restaurant licence has been
granted by the Council under the Food Business (Urban Council) By-laws (Cap. 132
sub. leg.) and such milk or such milk beverage is for consumption on the licensed
premises. (10 of 1986 s. 32(2) )

(L.N. 101 of 1971; L.N. 259 of 1977)

15. Application for licence

(1) Every application for any such licence shall be made in writing, addressed to
the Secretary of the Council, and shall be accompanied by 3 copies of a plan, as
nearly as may be to scale, of the whole of that part of any premises in which the
applicant intends to carry on any operation involving the processing or
reconstituting of milk or any milk beverage, and such plan shall include particulars of
the following--- (L.N. 259 of 1977)

(a) sanitary fitments and ablution facilities;

(b)built in clothing lockers or cloakrooms, passage ways or open spaces
(if any);

(c)rooms or other spaces (if any) for the exclusive use of staff or
employees;

(d) all means of exit, entry and internal communication;

(e)all windows or ducts providing ventilation or, where any mechanical
means of ventilation is provided, such means;

the siting of all furniture and fittings of a substantial and permanent
nature, including heat-treatment plant, cleansing, refrigeration or
cooling equipment, sterilization machinery or storage and bottling
equipment, and any fixed sideboards, washbasins, sinks, water tanks
or other like articles;

(g) means of refuse storage or disposal; and

(h) the drainage system, including all inlets into the system.

(2) Every copy of such plan, or any modification thereof, which is approved by
the Council shall be endorsed to that effect by the Secretary of the Council, and one
copy shall be returned to the applicant and the remaining 2 copies shall be retained
by the Council.

16. Conditions of grant of licence

No such licence shall be granted unless the Council is satisfied in relation to
the premises in respect of which the application for such licence was made that





(a)the plan referred to in bylaw 15 has been approved by the Council and
that the premises conform thereto;

(b)the means of ventilation which is provided, whether natural or
mechanical or partly natural and partly mechanical, is sufficient in
every part of the premises, other than a part exclusively used for
storage, to safeguard the health in that respect of the maximum
number of persons likely to be engaged therein at any one time;

(c)sanitary fitments are provided to a standard not less than that required
by regulation 5 of the Building (Standards of Sanitary Fitments,
Plumbing, Drainage Works and Latrines) Regulations (Cap. 123 sub.
leg.);

(d)public mains water is laid on to the premises and a storage tank is
provided for such water which is of sufficient size having regard to the
daily quantity of water likely to be used upon the premises, and proof
against access of dust and mosquitoes:

Provided that, where the Council is satisfied that public mains
water cannot reasonably be laid on for all or any purposes, the
Council may in its discretion approve such other water supply as,
having regard to considerations of public health, it may consider
adequate;

(e)in every part of the premises in which any milk or any milk beverage is
processed or reconstituted

(i)the floors and internal surfaces of the walls to a height of not less
than 2 m are surfaced with smooth, light coloured, non-absorbent
material and the junctions between the walls and floors are
coved; (L.N. 89 of 1979)

(ii) the ceilings are impervious to dust; and

(iii) the ceilings and those parts of such walls as are not specified
in subparagraph (i) are limewashed or painted a light colour;
sufficient ablution facilities are provided for the use of persons
employed therein and that such ablution facilities are conveniently
situated having regard to the nature of the work of such persons;

(g)sufficient and suitable cloakroom or locker accommodation, situated
otherwise than in a part of the premises in which any milk or any milk
beverage is processed, reconstituted or stored, is provided for the
outer garments and other personal effects of persons employed
therein; and

(h)no fresh air intake to any ventilation pipe included in the soil drainage
system of the premises is situated in any part of the premises in which
milk or any milk beverage is processed or reconstituted, and every
inlet into such system which is situated in any such part of the
premises is trapped.

(L.N. 259 of 1977)





17.Restriction on alterations or additions
to licensed premises

After the grant of any such licence, no licensee shall, save with the permission
in writing of the Council, cause or permit to be made in respect of the premises to
which the licence relates

(a)any alteration or addition which would result in a material deviation
from the plan thereof approved under bylaw 15; or

(b)any material alteration in respect of any of the matters specified in
bylaw 15(1) as matters in respect of which particulars must be
included in the plan delivered pursuant to the provisions of that
paragraph.

18.Prohibition of possession of contaminated
or adulterated milk or milk beverage by
licensees under this Part

(1) No licensee under this Part shall distribute in the course of the business in
respect of which such licence was granted, or shall have in his possession for the
purpose of such distribution, any milk or any milk beverage which

(a)except in the case of imported frozen pasteurized whole milk, has been
heat-treated more than once;

(b)contains at any time before heat-treatment more than 200 000 bacteria
per millilitre or any coliform organisms in 1/1000th (0.001) of a millilitre;

(c)after having been subjected to heat-treatment by any of the methods
of pasteurization described in Schedule 1 whether by him or any other
person, contains at any time more than 30 000 bacteria per millilitre or
any coliform organisms in 1/10th (0. 1) of a millilitre; (L.N. 144 of 1987)

(d)after having been subjected to heat-treatment by any of the methods
of sterilization described in Schedule 1 whether by him or any other
person, has a colony count of 10 or more; or (L.N. 144 of 1987)

(e)fails to comply with the standards of composition relating to milk or
any milk beverage specified in the Food and Drugs (Composition and
Labelling) Regulations (Cap. 132 sub. leg.). (L.N. 101 of 1971)

(2) For the purpose of this bylaw any milk or any milk beverage found upon any
premises to which a licence under this Part relates shall be deemed to be in the
possession of the licensee for the purpose of distribution in the course of the
business in respect of which such licence was issued.

(G.N.A. 37 of 1962; L.N. 259 of 1977)





19. Requirements as to heat-treatment apparatus

(1) Every such licensee shall cause any plant or apparatus used by him for the
heat-treatment of milk or any milk beverage to be equipped with one or more self-
registering thermometer devices to indicate and record the temperature to which,
and the length of time during which, the milk or the milk beverage has been heated.

(2) No such licensee shall subject any milk or any milk beverage to heat-
treatment unless the apparatus used therefor--

(a) is of a type approved by the Council;

(b) is thermostatically controlled; and

(e)save as otherwise permitted in writing by the Council, is provided with
an automatic device to divert the flow of any milk or any milk beverage
which has not been retained at the requisite temperature for the
requisite period of time having regard to the method of heat-treatment
used, from the flow of such milk or such milk beverage as has been
retained at such temperature for such period of time.

(3) Every thermometer reading taken in pursuance of the provisions of
paragraph (1) shall be recorded and retained by the licensee for not less than 2
months, and shall be available for inspection at all reasonable times by any health
officer or health inspector.

(L.N. 259 of
1977)

20. Control of heat-treatment of milk or

beverage from outside Hong Kong

Save with the permission in writing of the Council, no person shall subject any
milk or milk beverage to heat-treatment other than milk or a milk beverage produced
or reconstituted in Hong Kong.

(L.N. 259 of 1977; 10 of
1986 s. 32(2)

21. Certain ingredients not to be used in the reconstitution

of milk or milk beverage

(1) No person shall use for the purpose of reconstituting milk or any milk
beverage- (L.N. 259 of 1977)

(a)any butter, milk powder, concentrated milk or other ingredient unless
the same has been obtained from a source approved by the Council;

(b)any water, except public mains water, unless the same has been
obtained from a source approved by the Council; or

(c)any colouring matter which is not a permitted colouring matter within
the meaning of the Colouring Matter in Food Regulations (Cap. 132
sub. leg.).





(2) The Council may by notification published in the Gazette signify its
approval of any source in respect of which approval is required by paragraph (1).

other than from licensed dairies

No licensee under this Part shall process or cause to be processed any milk
unless such milk is obtained from a dairy in relation to which a licence has been
granted under the Dairies Regulations (Cap. 139 sub. leg.).
(L.N. 101 of 1971)

22. General cleanliness of premises and equipment

Every such licensee shall, at all times, cause all parts of the premises
to which the licence relates, and all fittings and equipment therein, to be
maintained in proper repair and in a clean condition and free from noxious
matters, and shall cause the floor of every part of any premises which are used
for the processing or reconstituting of milk or any milk beverage to be
thoroughly cleansed with water not less than once in every 24 hours.
(L.N. 259 of 1977)

23. Construction and design of vessels or containers

No such licensee shall use, or cause to be used, in the course, or for the
purpose, of processing, reconstituting or storing milk or any milk beverage any
vessel or container unless such vessel or container is made of such material, and
to such design, as the Council may approve.
(L.N. 259 of 1977)

24. Sterilization of vessels and utensils

(1) No such licensee shall cause any vessel, container or utensil to be used
in the processing, reconstitution, storage or distribution of milk or any milk
beverage unless it has been thoroughly cleansed and subsequently sterilized with
steam or clean boiling water, or by such other method as the Council may
permit in writing either generally or in any particular case, since the last
occasion upon which it was used or before it is first used, as the case may be.
(2) All parts of any heat-treatment machinery shall, at all times, be kept
in a clean condition, and every part thereof which comes into contact with any
milk or milk beverage during its heat-treatment shall, as often as may be
necessary, be washed with clean water or a suitable detergent (in which case it
shall be rinsed with clean water after it has been washed with the detergent),
and then sterilized with steam or boiling water or by such other method as the
Council may permit in writing either generally or in any particular case.
(L.N. 259 of 1977)





25. Utensils used in the processing of milk or milk
beverage not to he used for drinking
No person shall drink, or suffer any other person to drink, out of any
vessel, container or utensil used in the course of processing or reconstituting
milk or any milk beverage.
(L.N. 259 of 1977)

26. Restriction on smoking
No person shall smoke, or suffer any other person to smoke, while engaged
in processing or reconstituting milk or any milk beverage.
(L.N. 259 of 1977)

27. Milk or milk beverage processing establishments
not to he used for dwelling purposes
No person shall use, or suffer any other person to use, for dwelling
purposes any part of any premises in which milk or any milk beverage is
processed or reconstituted.
(L.N. 259 of 1977)

28. Prevention of contamination of milk or milk
beverage by contact with certain clothing
No person shall hang up or otherwise keep, or suffer any other person to
hang up or otherwise keep, whether temporarily or permanently, any clothing,
bedding or personal effects in any part of any premises in which milk or any
milk beverage is processed or reconstituted,
(L.N. 259 of 1977)

29. Spitting
(1) In any premises in which milk or any milk beverage is processed or
reconstituted-
(a)no person shall spit in any part of the premises in which the milk
or the milk beverage is processed or reconstituted; and
(b)no person shall spit in any other part of the premises except into
a spittoon or other receptacle provided for the purpose.
(2) Where spittoons or receptacles are provided, the licensee shall cause
each such spittoon or receptacle to contain a disinfectant fluid and to be
cleansed, and the fluid renewed, not less than once in every 24 hours.
(3) Save with the permission in writing of the Council, every such licensee
shall cause one or more notices, prohibiting spitting and written in English and
Chinese, to be continuously displayed in a conspicuous manner in every part of
the premises in which milk or any milk beverage is processed or reconstituted.
(L.N. 259 of 1977)





30. Personal cleanliness

Every person who takes part in the processing, reconstituting or
transportation of milk or any milk beverage shall while so engaged- (L.N.
259 of 1977,- L.N. 347 of 1989)
(a)keep all parts of his person and of his outer garments as clean as
may be reasonably practicable; and
(b)keep any open cut or abrasion on any exposed part of his person
covered with a suitable waterproof dressing.

31. Prevention of vermin

(1) Save where exempted in writing by the Council, every such licensee
shall cause every hollow space, crevice or other place in any premises used by
him for processing or reconstituting milk or any milk beverage, which is likely
to harbour vermin or to constitute a means of access for vermin, to be
eliminated or sealed off.
(2) No person shall place, or suffer to be placed or to remain placed, any
furniture or equipment, other than such as may be moved without difficulty by
one man, so near to any wall of any premises in which milk or any milk
beverage is processed or reconstituted as to obstruct access to any part of such
wall, or such furniture or equipment, for the purpose of the cleaning of the
same.
(3) No person shall knowingly suffer the existence of any vermin in any
part of any premises in which milk or any milk beverage is processed or
reconstituted.
(L.N. 259 of 1977)

32. Yards, alleys, etc. not to he used for processing
or reconstituting milk or milk beverage

No person shall use, or suffer to be used, any yard, alley, open space or
roof top for processing, reconstituting or storing of milk or any milk beverage.
(L.N. 259 of 1977)

33. Cleansing of water tanks

(1) Every such licensee shall-
(a)cause the inside of every water tank or container provided for the
storage of water on any premises used by him for processing or
reconstituting milk or any milk beverage to be cleansed in the
months of March, June, September and December in each year
by scrubbing out the same with a solution of not less than fifty
parts of chlorine in one million parts of water; and (L.N. 259 of
1977)





(b)cause the date upon which such cleaning was last carried out to
be recorded in a conspicuous manner upon each such water tank
or container.
(2) Without prejudice to the provisions of paragraph (1), any health
officer or health inspector may serve upon such licensee a notice requiring him
to cause any such water tank or container to be cleansed in such manner and
within such time as shall be specified in the notice.

34. General precautions against contamination
of milk or milk beverage

Without prejudice to anything contained in these bylaws, every such
licensee shall take all reasonable and proper precautions in and in connection
with processing and reconstituting of milk or any milk beverage, including the
distribution or other handling thereof, to prevent contamination of the milk or
the milk beverage.
(L.N. 259 of 1977)

35. Restriction on employment of persons
likely to spread disease

(1) No person suffering from a discharging wound or sore or from a disc-
harge of the ear or from attacks of vomiting or diarrhoea or from a sore throat
shall take any part in processing or reconstituting milk or any milk beverage:
Provided that a health officer may issue a certificate to any such person
exempting him from the provisions of this paragraph in any case in which such
health officer is satisfied that no danger to the public health is involved.
(2) Any person who is employed or working in premises in which milk or
any milk beverage is processed or reconstituted, shall, if so required in writing
by a health officer, submit himself to medical examination at such time and
at such place as such health officer may direct and, if after such medical
examination, a health officer is satisfied that such person is suffering from any
communicable disease, or is likely to communicate to any other person any
communicable disease, such last mentioned health officer may notify such
person in writing to that effect, and such person shall forthwith cease to work in
such premises or in any other premises in which milk or any milk beverage is
processed or reconstituted.
(3) A notice given under paragraph (2) shall continue in force until it is
cancelled by a further notice in writing by a health officer declaring such first
mentioned notice to be cancelled. -
(4) No person shall cause, or suffer or permit, any person, other than a
person who has been duly exempted from paragraph (1), whom he knows or
has reason to believe to be suffering from any of the complaints specified in that





paragraph to be employed or take part in processing or reconstituting milk or any
milk beverage.

(5) No person shall cause, or suffer or permit, any person in respect of whom he
knows or has reason to believe that a notice given under paragraph (2) is in force to
be employed or take part in processing or reconstituting milk or any milk beverage.

(L.N. 259 of 1977)

36. Immunization of staff against certain diseases

(1) No person shall be employed or work in any part of any premises in which
milk or any milk beverage is processed or reconstituted unless he has been
immunized in accordance with such of the requirements of a notification under
paragraph (3) as apply to him.

(2) No such licensee shall employ in any premises used by him for processing
or reconstituting milk or any milk beverage any person whom he knows or has
reason to believe has not been immunized in accordance with the provisions of
paragraph (1) or of a notification under paragraph (3). (L.N. 165 of 1978)

(3) The Council may from time to time by notification published in the Gazette
require persons employed or working in premises in which milk or any milk beverage
is processed or reconstituted to be immunized against such diseases as may be
specified in such notification.

(L.N. 230 of 1982)

PART IV

MISCELLANEOUS

37.Prevention of supply of milk or milk beverage
to the danger of public health

(1) If any health officer or veterinary officer is of the opinion that infectious or
other disease is caused, or is likely to be caused, by the consumption of milk or any
milk beverage derived from any particular source, premises or processing or
reconstituting plant or that the public health is likely to be endangered by the act or
default of any purveyor of milk or any milk beverage or his servants or agents, such
health officer or such veterinary officer may, by notice in writing, direct that the
supply, distribution or sale of such milk or such milk beverage shall be terminated or
restricted for such period and subject to such conditions as may be specified in the
direction. (L.N. 259 of 1977)





(2) Any person who considers himself aggrieved by any direction given

under paragraph (1) may, within 14 days after the giving of the same, appeal
by way of petition to the Governor in Council and upon any such appeal the
Governor in Council shall confirm vary or if it has not already been withdrawn
cancel the direction.

(3) In any case in which the Gavernor in Council is satisfied that the

direction ought not to have been given, order the payment to the

of such sum, if any, as having regard to all

appellant by way 16

the circumstances may consider just.

(4) Every such payment shall be made out of general revenue. (10 of 1986 s. 32
(2)

38. Keeping of report books

(1) The Council may provide in any premises in which any business which
involves the processing, reconstitution, sale or distribution of milk or any milk
beverage is carried on a report book or form for the use of visiting health officers
and health inspectors. (L.N. 259 of 1977)

(2) Where any such book or form has been so provided, the licensee or
proprietor, as the case may be, of the business shall, at all times, cause such book or
form to be kept upon such premises and available for use by any such health officer
or health inspector.

(3) No person shall destroy any such book or form or alter or obliterate any
entry made therein.

39. Fees

(1) Every licence granted under the provisions of Part 111 shall be renewable on
1 January in each year.

(2) Every such licence shall be granted or renewed upon payment of the
appropriate fee prescribed in Schedule 2:

Provided that, where any such licence is granted after 30 June in any year, the
fee payable in respect of the grant of that licence shall be one-half of the fee so
prescribed.

(3) Where the Council is satisfied that any such licence has been lost or
destroyed, the Council may, upon payment of a fee of $80 issue a duplicate
thereof. (L.N. 101 of 1983; L.N. 232 of 1987)

40. 011ences and penalties

(1) A person commits an offence who

(a)contravenes any of the provisions of bylaw 5, 5A(I), 6, 7, 8, 9,
11(1), 12, 13, 13A, 14, 17, 18, 19, 20, 21(1), 21A, 22, 23, 24, 25,
26, 27, 28, 29, 30, 31, 32, 33(1), 34, 35(1), (4) or (5), 36(1) or (2) or
38(2) or (3); (L.N. 101 of 1971; L.N. 144 of 1987; L.N. 347 of
1989)





(b)fails to comply with any of the requirements of a notice served
upon him under the provisions of bylaw 33(2);
(e)being a person employed or working in premises in which milk or
any milk beverage is processed or reconstituted, fails-
(i)to submit himself to medical examination when required to
do so under the provisions of bylaw 35(2); or
(ii)to cease to work in any such premises when required to do
so by the provisions of that paragraph; (L.N. 259 of 1977)
(d)fails to comply with any of the requirements of notification
published in the Gazette under the provisions of bylaw 36(3);
(e)fails to comply with any direction given under the provisions of
bylaw 37(1), unless the same has been varied or cancelled by the
Governor in Council under the provisions of paragraph (2) of
that bylaw; or
where any direction given under the provisions of bylaw 37(1) has
been varied by the Governor in Council under the provisions of
paragraph (2) of that bylaw, fails to comply with such direction
as so varied.
(2) A person who is guilty of an offence under these bylaws shall be liable
on summary conviction to a fine and imprisonment as follows and, where the
offence is a continuing offence, to an additional fine as follows for each day
during which it is proved to the satisfaction of the court that the offence has
continued-
(a)in the case of an offence under bylaw 5 or 14 a fine of $25,000, im-
prisonment for 6 months and $500 for each day as aforesaid; and
(b)in the case of any other offence mentioned in paragraph (1) a fine
of $5,000, imprisonment for 3 months and $150 for each day as
aforesaid.
(L.N. 165 of 1978; L.N. 298 of 1987)

41. Name in which proceedings for
ofTences may he brought
Without prejudice to the provisions of any other enactment relating to the
prosecution of criminal offences and without prejudice to the powers of the
Attorney General in relation to such offences, prosecutions for an offence under
any of the provisions of these bylaws may be brought in the name of the Council.

SCHEDULE 1 [bylaws 3 & 41

METHODS OF HEAT-TRFATAIENT

1. Pasteurization-
(a)by the 'Holder Method', namely, by retaining milk or a milk beverage for not less
than 30 minutes at a temperature of not less than 63 nor more than WC and then
immediately cooling it to a temperature of not more than ITC; or





(b)by the 'High Temperature Short Time Method', namely, by retaining milk or a milk
beverage for a period of not less than 15 seconds at a temperature of not less than
72'C and then immediately cooling it to a temperature of not more than WC.

2. Sterilization-
(a)namely, by homogenizing the milk or the milk beverage by means of any process
whereby the globules of butter fat in the milk or the milk beverage are broken up so
as to remain suspended uniformly throughout the milk or the milk beverage which is
then heated to and retained at a temperature of not less than 100'C for a period of
not less than 25 minutes in the same containers as such milk or such milk beverage is
subsequently to be disposed of for human consumption; or
(b)the 'Ultra High Temperature Method', namely by heating the milk or the milk
beverage to a temperature of not less than 132'C and retaining it at not less than that
temperature for at least 1 second, and thereafter putting immediately into the
sterilized containers in which it is to be supplied to the consumer, which shall be filled
and sealed at the premises at which the treatment has been carried out with such
aseptic precautions as will ensure the protection of the milk or the milk beverage
from risk of contamination.
(L.N. 133 of 1970; L.N. 101 of 1971; L.N. 259 of 1977)

SCHEDU 2 [bylaws 39]
Size of premises by refer cc to floor area Fee

Exceeding Not exceeding
M2 M2
100 .............................................................. 1,325
100 150 .............................................................. 1,660
150 200 ................................................................. 1 2,320
200 250 .............................................................. 2,980
250 300 ........................................................................... 3,640
300 350 .................................................................... * ** 4,310
350 400 ~ ..................................................................................................................
4,970
400 450 ......................................................................................................................
5,630
450 500 ........................................................................................................................
. 6,300
500 600 ........................................................................................... .................. 7,300
600 700............................................................................................................
............................8,600


700 8 ...................................9,940
800 ..................................................... ... ...................................... 11,260
900 .............................................................................................. 12,600
1000................................................................................... 19,900






2000 3000 .................................33,100
3000......................................0(0 46,400
4000......................................5000 59,600
5000...............................................................................................................................
..........................................66,300
(L.N. 232 of 1987)

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