Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations 1966

JurisdictionUK Non-devolved
CitationSI 1966/791

1966 No. 791

FOOD AND DRUGS

The Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations 1966

29thJune 1966

7thJuly 1966

1stJanuary 1967

The Minister of Agriculture, Fisheries and Food and the Minister of Health, acting jointly, in exercise of the powers conferred on them by sections 13 and 123 of the Food and Drugs Act 1955(a) and of all other powers enabling them in that behalf, after consultation with such organisations as appear to them to be representative of interests substantially affected by the regulations and after reference to the Food Hygiene Advisory Council under section 82 of that Act, hereby make the following regulations:—

PART I

PRELIMINARY

Title and commencement

1. These regulations may be cited as the Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations 1966, and shall come into operation on 1st January 1967.

Interpretation

2.—(1) In these regulations, unless the context otherwise requires—

"the Act" means the Food and Drugs Act 1955;

"business" includes the undertaking of a canteen, club, school, hospital or institution, whether carried on for profit or not, and any undertaking or activity carried on by a public or local authority;

"catering business" means a food business consisting wholly or partly of the supply of food intended by the supplier for immediate consumption;

"certificate of exemption", in relation to a food business, means a certificate for the time being in force in relation to the business for the purposes of regulation 24;

"container" includes any basket, pail, tray, box or other receptacle of any kind, whether open or closed;

"contamination" includes contamination by odour, and "contaminating" shall be construed accordingly;

(a) 4 & 5 Eliz. 2. c. 16.

"delivery vehicle" means a vehicle used for the delivery of food in the course of a trade or business, but does not include any vehicle which, being used for the sale of food, falls within the definition of "stall";

"Docks and Carriers Regulations" means the Food Hygiene (Docks, Carriers, etc.) Regulations 1960(a);

"equipment" includes apparatus, furnishings and utensils;

"fish" means uncooked fish (including cured or smoked fish) and includes uncooked whalemeat, and in regulation 12, but not elsewhere in these regulations, includes fish which has been cooked or otherwise prepared for sale by any similar process;

"food" means food intended for sale or sold for human consumption and includes drink, chewing-gum and other products of a like nature and use, and articles and substances used as ingredients in the preparation of food or drink or of such products, but does not include—

(a) milk, cream or separated milk, other than dried milk and condensed milk,

(b) water, live animals or birds, or

(c) articles or substances used only as drugs;

"food business" means any trade or business, carried on from a market or stall, for the purposes of which any person engages in the handling of food, but does not include—

(a) any agricultural activity as defined in regulation 3(3) of the General Regulations, or

(b) so much of any trade or business as consists of the handling of food at any premises or place to which the General Regulations apply or listed in regulation 4 of the Docks and Carriers Regulations or any slaughterhouse as defined in regulation 2(1) of the Slaughterhouses (Hygiene) Regulations 1958(b);

"food room" means any room, being part of any market premises, in which any person engages in the handling of food for the purposes of a food business;

"General Regulations" means the Food Hygiene (General) Regulations 1960(c);

"local authority" means—

(a) as respects the City of London, the Common Council;

(b) as respects the Inner Temple and the Middle Temple, the respective overseers thereof; and

(c) as respects any borough and any urban district or rural district, the council of the borough or district;

"market" shall be construed generally and not as limited to a market held by virtue of a grant from the Crown or of prescription or under statutory authority;

"meat" means the flesh (including edible offal and fat) of animals and birds which is sold or intended for sale for human consumption;

"open food" means food which is not in a container of such materials and so closed as to exclude the risk of contamination, but does not include any food mentioned in column (1) of schedule 1 which, before being taken to any market or stall for purposes of sale or to any delivery vehicle for purposes of delivery, has been wrapped in the manner described opposite thereto in column (2);

(a) S.I. 1960/1602 (1960 II, p. 1515).

(b) S.I. 1958/2168 (1958 I, p. 1182).

(c) S.I. 1960/1601 (1960 II, p. 1499).

"permitted temperature ranges" means the ranges of temperature of below 50°F. (10°C.) and of not less than 145°F. (62·7°C.);

"premises" means a building or part of a building and any forecourt, yard or place of storage used in connection with the building;

"preparation", in relation to food, includes manufacture and any form of treatment, and "prepared" shall be construed accordingly;

"sanitary convenience" means a water closet, urinal, chemical closet or similar convenience;

"stall" includes any stand, marquee, tent, mobile canteen, vehicle (whether movable or not), vending machine, site or pitch, from which food is sold, not being food premises or a food room to which the General Regulations apply;

"vending machine" means a coin-operated automatic vending machine.

(2) In these regulations, unless the context otherwise requires, the handling of food means the carrying out or assisting in the carrying out for the purposes of a food business of any process or operation in the sale of food or in the preparation, transport, storage, packaging, wrapping, exposure for sale, service or delivery of food, and includes the cleaning of articles or equipment with which food comes into contact.

(3) For the purposes of these regulations, the supply of food otherwise than by sale at, in or from any place where food is supplied in the course of a business shall be deemed to be a sale of that food, and references to purchasing and purchasers shall be construed accordingly; and where in connection with any business in the course of which food is supplied the place where the food is served to the customers is different from the place where the food is consumed, both these places shall be deemed to be places in which food is sold.

(4) In determining for the purposes of these regulations whether any matter involves a risk of contamination to any food, regard shall be had to the extent to which contamination in the respect in question is immaterial because of—

(a) the nature of the food;

(b) the manner in which the food is packed; or

(c) any process to which the food is to be subjected before sale to the consumer, being a process to which food of that nature is normally so subjected.

(5) The Interpretation Act 1889(a) shall apply to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament and as if these regulations and the regulations hereby revoked were Acts of Parliament.

(6) Unless the context otherwise requires, references in these regulations to any enactment or regulations shall be construed as references thereto as amended by any subsequent enactment or regulations, including these regulations.

(7) Any reference in these regulations to a numbered regulation or schedule shall, unless the reference is to a regulation or schedule of specified regulations, be construed as a reference to the regulation or schedule bearing that number in these regulations.

Enforcement

3. Each local authority shall enforce and execute the provisions of these regulations in their district.

(a) 52 & 53 Vict. c. 63.

PART II

GENERAL REQUIREMENTS

Food business not to be carried on from insanitary stalls or delivery vehicles

4. No food business shall be carried on at or from any stall which is insanitary or which is so situated or constructed, or is in such a condition, that the food is exposed to the risk of contamination; and in the course of a food business no delivery vehicle shall be used which is insanitary or which is so constructed, or is in such a condition, that the food is exposed to the risk of contamination.

Condition of land, vehicles, etc., used for sale or delivery of food

5.—(1) Every stall at or from which there is carried on any food business and every delivery vehicle which is used in the course of a food business shall be kept clean and in such good order, repair and condition as to enable it to be effectively cleaned.

(2) Where it is proposed to use any land or market premises or to erect or use any stall for the purpose of sale, storage, exposure for sale or deposit for sale of any food, any person or authority who provides the market or who permits the land to be used or the stall to be erected or used shall take account of the nature and packing of the food which is to be handled; and thereafter—

(a) he shall not permit the land, stall or premises to be used for any of those purposes if they are in such a condition as to expose the food to the risk of contamination or prevent the observance of cleanly practices in handling the food;

(b) he shall ensure that any land used for any of those purposes is kept clean; and

(c) he shall ensure that any stall or premises so used are kept clean and in proper repair.

Cleanliness of equipment, etc.

6.—(1) Articles or equipment with which food comes into contact, or is liable to come into contact, in the course of a food business shall be kept clean and shall be so constructed, be of such materials and be kept in such good order, repair and condition as to—

(a) enable them to be thoroughly cleaned, and

(b) prevent, so far as is reasonably practicable, any matter being absorbed by them and any risk of contamination of the food.

(2) Without prejudice to the provisions of the preceding paragraph, all containers intended for containing food in the...

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