- Assist in the implementation and enforcement of laws and regulations
- Ensure compliance with campaign laws and regulation
- Contribute to the review, drafting or updating of present laws and regulation
- Monitor, evaluate and provide feedback on the performance of laws and regulations
(2) There are 3 main public health laws
(a) Food Act 1983
- Section 4- Powers of Authorized Officers
ü 1(a) enter any food premises and examine any food found therein and take samples of such food, and examine anything that he believes is used or capable of being used for the preparation, preservation, packaging, storage, conveyance, distribution or sale of the food;
ü 1(b) stop, search or detain any aircraft, ship or vehicle in which he believes on reasonable grounds that any food to which this Act applies is being conveyed and examine any such food and take samples thereof for the purposes of this Act, except an aircraft, ship or vehicle making an international voyage in respect of which the International
Health Regulations apply;
ü 1(c) open and examine any package which he believes contains any food to which this Act applies;
ü 1(d) examine any books, documents or other records found in any food premises that he believes contain any information relevant to the enforcement of this Act with respect toany food to which this Act applies and make copies thereof or take extracts there from;
ü 1(e) demand the production of the National Registration Identity Card, the Business Registration Certificate or any other relevant document which the authorized officer may require;
ü 1(f) seize and detain for such time as may be necessary any food or appliance by means of or in relation to which he believes any provision of this Act has been contravened;
ü 1(g) mark, seal or otherwise secure, weigh, count or measure any food or appliance, the preparation, preservation, packaging, storage, conveyance, distribution or sale of which is or appears to be contrary to this Act
ü (2) An authorized officer acting under this section shall, if so required, produce his Certificate of Authorization.
ü (3) Any owner, occupier or person in charge of any food premises entered by any authorized officer or any person found therein, who does not give to the authorized officer all reasonable assistance in his power or furnish him with all the information as he may reasonably require, commits an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine or to both.
ü (4) Any person who obstructs or impedes any authorized officer in the course of his duty or prevents or attempts to prevent the execution by the authorized officer of his duty commits an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine or to both.
ü (5) An authorized officer may arrest without warrant any person whom he has reason to believe to have committed an offence under this Act or any regulation made thereunder if the person fails to furnish his name and address or there are reasonable grounds for believing that he has furnished a false name or address or that he is likely to abscond:
ü (6) Any person who knowingly makes any false or misleading statement either verbally or in writing to any authorized officer engaged in carrying out his duty commits an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine or to both.
ü (7) An authorized officer shall release any food seized by him when he is satisfied that all the provisions of the Act with respect to it have been complied.
ü (8) Where an authorized officer has seized any food and the owner or the person in whose possession the food was at the time of seizure consents in writing to its destruction, the food may be destroyed or otherwise disposed of as the authorized officer may direct and if the owner or the person does not consent to the destruction of the food, the authorized officer may apply to a court for the destruction or disposal of the food or any appliance and the court may make an order as it may deem fit, notwithstanding that the owner or the person has not been convicted of any offence in connection with the food
ü (9) Where an authorized officer has seized any food which is perishable in nature and the owner or the person in whose possession the food was at the time of seizure does not consent in writing to its destruction, the responsibility for proper storage of such food so as to prevent it from deterioration, spoilage, damage or theft, pending judgment by the court, lies with the owner or such person
ü (10) Where any food or appliance has been seized and detained under paragraph (1)(f) and the owner thereof has been convicted of an offence the food or appliance may be destroyed or otherwise disposed of as the court may direct.
ü (11) Notwithstanding any other provisions of this section an authorized officer may destroy any food wherever found which is decayed, putrefied or injurious to health or food the importation of which is prohibited or food which is surrendered by the owner for destruction on payment by him of reasonable charges
ü (12) Any person who removes, alters or interferes in any way with any food seized or sealed under this Act without the authority of an authorized officer commits an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine or to both
ü (13) Any food seized may at the option of an authorized officer be kept or stored in the premises where it was seized or may at the direction of an authorized officer be removed to any other proper place.
ü (14) An authorized officer may submit any food seized by him or any sample from it or any other sample taken by him to any approved laboratory for analysis or examination
- Section 5- Power to Take Sample
ü 5(1) On payment or tender to any person selling food or to his agent or servant, of the current market value of the food, any authorized officer may at any place demand and select and take or obtain samples of the food for the purpose of analysis
ü 5(2) An authorized officer may at any place demand and select and take or obtain samples for the purpose of analysis without payment from any manufacturer making food for sale or from any importer of any food or from his agent or servant
ü 5(3) Any such authorized officer may require the person or his agent or servant to show and permit the inspection of the package in which such food is at the time kept and to take there from the samples demanded
ü 5(4) Where any food is kept for retail sale in an unopened package, no person shall be required by any authorized officer to sell less than the whole of the contents of such package
ü 5(5) Any person who refuses or neglects to comply with any demand or requisition made by an authorized officer in pursuance of this section commits an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine or to both
- Section 8- Power to Call for Information
ü 8(1) If any authorized officer is of the opinion that there is reasonable ground for suspecting that any person is in possession of any food or other substance or any appliance for the purpose of or in connection with the preparation, preservation, packaging, storage, conveyance, distribution or sale of food in breach of any of the provisions of this Act or any regulations made there under he may require such person to produce for his inspection any books, documents or other records or any other information relating to the importation, preparation, reception, possession, purchase, sale or delivery of such food or other substance or any appliance
ü 8(2) Any authorized officer may make or cause to be made copies of or extracts from any such books, documents or records, or any other information and such copies or extracts certified as such by such authorized officer shall, unless the contrary is proved, be deemed to be true and correct copies or extracts
ü 8(3) Any person who refuses or neglects to comply with any requisition made in pursuance of this section commits an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine or to both.
ü 8(4) Any authorized officer who—
(a) does not maintain the secrecy of all matters which come to his knowledge in the performance of his official duties under this section; or
(b) communicates any such matter to any person except for the purpose of carrying into effect the provisions of this Act,
commits an offence and is liable on conviction to imprisonment for a term not exceeding three years or to fine or to both
- Determining an Arrest
ü Seizable items: arrest without a warrant
ü Non-seizable items: arrest only with a warrant
ü Arrests are made under Non-Penal Code Offences, scheduled arrest or other related laws
b) Destruction of Disease-Bearing Insects (DDBI) Act 1975
- Section 3- Powers of Director General and Medical Officer of Health
ü The Director General and a Medical Officer of Health may delegate in writing any or all the powers conferred or duties imposed upon him by this Act, except the power to authorize a public officer under section 25, to any person he deems fit
- Section 5- Power to Enter and Examine Premises
ü 5(1)The Director General, a Medical Officer of Health or an inspector may for the purpose of exercising the powers under this Act, between the hours of six o'clock in the morning and ten o'clock in the evening , with or without assistants, enter and examine any premises
ü 5(3) Where it is necessary and expedient for the exercising of powers conferred by this Act to be performed outside the hours by the Director General, a Medical Officer of Health or an inspector may enter the premises for the purpose thereof after giving at least twenty-four hours' previous notice to the owner or occupier thereof
ü 5(4) Where the requirements have been complied with the owner or the occupier of the premises shall permit the Director General, a Medical Officer of Health or an inspector, with or without assistants, to enter into such premises and into any part thereof for the purposes of exercising the powers under this Act and shall supply all such information as the Director General, a Medical Officer of Health or an inspector may require
ü 5(5) In exercising his powers of entry under subsection (3) the Director General, a Medical Officer of Health or an inspector and his assistants may, if necessary, use reasonable force or break any door, window or lock
- Section 6- Powers of Seizure
ü 6(1) The Director General, a Medical Officer of Health or an inspector may-
(a) if he suspects that an offence under this Act or any regulations made there under is being or has been committed, seize any article which was the subject matter of or was used in the commission of the offence; and
(b) seize any article including its contents for the purpose of examining it to determine if there are disease-bearing insects or whether the conditions are likely to harbor or propagate disease-bearing insects
ü 6(2) The Director General, a Medical Officer of Health or an inspector shall prepare a list of all articles seized under subsection (1) and forthwith deliver a copy of such list signed by him to the owner or occupier of the premises from where the articles were seized or his agent or employee or any other person from whom the articles were seized
ü 6(3) When no person is charged for any offence the article shall unless it is claimed by the owner or the person from whom it was seized within a period of two weeks of the seizure be disposed of at the discretion of the Director General or a Medical Officer of Health but if within the period a claim is made by the owner or any person from whom the article was seized it shall be returned to him
ü 6(4) Notwithstanding subsection (3), the Director General or a Medical Officer of Health may at anytime dispose of any disease-bearing insect or any perishable matter seized in any manner he deems fit
- Section 7- requirement to supply information
ü 7(1) The Director General, a Medical Officer of Health or an inspector may require the owner or occupier of any premises or the agent or the servant thereof or any person whom he has reason to believe is committing or has committed an offence under this Act-
(a)to give his name and residence; to produce-
(i) his identity card;
(ii) in the case of any business premises, any document pertaining to the registration or licensing of such business under any written law; and
(iii) any other document required by the Director General, a Medical Officer of Health or an inspector for the purpose of ascertaining the identity of the owner or occupier of the premises
(b) to supply information relating to the propagation of disease-bearing insects or the occurrence of any insect-borne disease or any other information as may be required by the Director General, a Medical Officer of Health or an inspector; and
(c) to give any statement in writing, and the owner or occupier or the agent or servant thereof or such person shall comply with such requirement
ü 7(2) Where a person under subsection (1) refuses to give his name or residence or gives a name or residence which the Director General, a Medical Officer of Health or an inspector has reason to believe to be false, the Director General, Medical Officer of Health or inspector may in order to ascertain his name or residence arrest him and within twenty-four hours take him before the nearest Magistrate unless before that time his true name and residence are ascertained in which case such person shall forthwith be released
ü 7(3) A person who fails to supply information or supplies information required under subsection (1)which to his knowledge is false shall be guilty of an offence under this Act
- Section 8- General Power to Direct or Take measure to destroy disease-bearing insects
ü 8(1) Where it appears to the Director General or a Medical Officer of Health or an inspector that any premises or anything therein is likely to propagate or harbour any disease-bearing insects, he may in writing order such owner or occupier to take specified measures or to do any work with regard to the premises or for the treatment, destruction or removal of anything therein as to make the premises or conditions therein unfavourable to the propagation or harbouring of the disease-bearing insects
ü 8(2) Without prejudice to the generality of the powers specified in subsection (1) the Director General or a Medical Officer of Health or an inspector may in writing order the owner or occupier of any premises to take or do any of the following measures or work:
(a)to destroy disease-bearing insects wherever found;
(b)to collect and remove empty tins, cans, bottles or other receptacles in which disease-bearing insects may breed;
(c)to cut down and remove any grass, bamboo stumps, fern or undergrowth in which disease-bearing insects are likely to breed or harbour;
(d)to cover and keep continuously covered any tank, cistern, receptacle or other container within the premises;
e)to construct drainage of the premises;
(f)to fill up inequalities in the surface of the premises;
(g)to apply insecticide to any pond, well, pool or other body of water, vessel, stable, pigsty, cattle shed, chicken coop or other place used for the shelter of animals; and
(h)generally to prevent the propagation or harbouring of disease-bearing insects
ü 8(3)The Director General or a Medical Officer of Health or an inspector may in the same order direct-
(a)the period within which the specified measures or work shall be taken or done or completed;
(aa) that the premises or any part thereof be closed until the specified measures or work are taken or done or completed and the premises are no longer likely to propagate or harbour disease-bearing insects;
(b)the intervals within which the specified measures or work are to be taken or done; and
(c)that the specified measures or work are to be taken or done until the premises or anything therein are no longer likely to propagate or harbour disease-bearing insects
- Section 9- Owner or occupier to render assistance
ü 9(1) Where the Director General, Medical Officer of Health or an inspector, in carrying out the purposes of this Act, requires the assistance of the owner or occupier of any premises, such owner or occupier shall render such assistance as required to enable the measure or work to be taken or done effectively
ü 9(3)Any person who refuses, fails or neglects to do any of the things under this section shall be guilty of an offence under this Act
- Section 10- Medical examination of persons suspected of being infected with insect-borne disease
ü 10(1) The Director General, a Medical Officer of Health or an inspector making an investigation and examination under this Part shall have the power to require information, whether orally or in writing, from any person acquainted with the facts and circumstances of the matter under investigation
ü 10(2) Any person who, on being required by the Director General, a medical Officer of Health or an inspector to give information under this section, refuses to comply with such requirement or furnishes as true any information which he knows or has reason to believe to be false, untrue or incorrect, in whole or in part, shall be guilty of an offence
ü 10(3) If any information furnished under subsection (2) is proved to be false, untrue or incorrect, in whole or in part, it shall be no defence to allege that such information or any part thereof was misinterpreted or furnished inadvertently or without criminal or fraudulent intent
ü 10(4) The Director General, a Medical Officer of Health or an inspector making an investigation under this Act may exercise any or all of the powers conferred by section 111 of the Criminal Procedure Code and sections 112 to 114 of the Code shall apply to statements made by the persons examined in the course of such investigation
c) Prevention and control of Infectious diseases Act 1988
- Section 3- Appointment of authorized officers
ü 3(3) An authorized officer shall maintain the confidentiality of all matters which come to his knowledge in the performance of his official duties under this Act and shall not communicate any such matter to any person except for the purpose of carrying into effect the provisions of this Act
- Section 7- Entry into and examination of vehicles
- Section 8- Time for examination
- Section 11- declaration of an infected local area
ü 11(3) During the continuance in force of an order made under subsection (1), it shall be lawful for any authorized officer to direct any person or class or category of persons living in an infected local area or in any part thereof to subject himself or themselves—
(a) to treatment or immunization;
(b) to isolation, observation or surveillance, the period of which being specified according to circumstances; or
(c) to any other measures as the authorized officer considers necessary to control the disease.
ü 11(4)It shall be lawful for an authorized officer to use such force, with or without assistance, as may be necessary and to employ such methods as may be sufficient to ensure compliance with any direction issued under subsection (3)
- Section 14- Isolation of infected persons or suspects
- Section 15- Observation or surveillance of contacts
ü 15(1) An authorized officer may order any contact to undergo observation in such place and for such period as he may think fit, or to undergo surveillance until he may be discharged without danger to the public
ü 15(2) For the purposes of subsection (1), an authorized officer may use such force as may be necessary to ensure compliance with his order
- Section 16- Order for examination of corpse
- Section 17- Disposal of the dead
- Section 18- Disinfection and closure of premises
- Section 20- Selling or letting contaminated buildings
- Section 21- Power to order disinfection of certain vehicles
- Section 23- Prosecution
ü Any authorized officer may appear in court and conduct any prosecution with respect to any offence against this Act or any regulations made under this Act
- Section 27- seizure and disposal of contaminated articles
prepared by,
Isaiah ooi
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