PUBLIC HEALTH: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Public Health Regulations

Public Health (Prevention of Immunizable Childhood Diseases) Regulations

PUBLIC HEALTH REGULATIONS

(section 88)

(26th August, 1983)

ARRANGEMENT OF REGULATIONS

   REGULATION

PART I
General

   1.   Citation

   2.   Application

   3.   Interpretation

PART II
Family Housing

   4.   Overcrowding

   5.   Water supply

   6.   Sanitary conveniences

   7.   Removal of refuse

   8.   Duties on vacation of property

PART III
Pollution of Water

   9.   Pollution of water supply

   10.   Addition of infectious matter to water supply

   11.   Pollution by animals

   12.   Bathing in public water supply

   13.   Abstraction of water

PART IV
Keeping of Animals and Poultry

   14.   Restrictions on keeping animals, etc.

   15.   Powers of local authority

   16.   Accumulation of manure

PART V
Trading Premises

   17.   General requirements regarding trading premises

PART VI
Food Premises

   18.   General requirements regarding food premises

   19.   Heating units, etc.

   20.   Equipment to be of metal

   21.   Bulk stores

   22.   Loose equipment

   23.   Water supply

   24.   Facilities for convenience of staff

   25.   Washing facilities

   26.   Hygiene for food handlers

   27.   Prevention of illness

   28.   Protective clothing

   29.   Cleaning of equipment

   30.   Poisonous cleaning agents

   31.   Utensils and equipment

   32.   Storing of utensils and equipment

   33.   Raw materials and ingredients

   34.   Food

   35.   Refrigeration

   36.   Removal of waste

PART VII
Canning and Processing Factories

   37.   Canning and processing factories

PART VIII
Grain Mills

   38.   General

   39.   Storage

   40.   Milling

   41.   Sieves, mills, chutes and other equipment

   42.   General cleanliness

   43.   Insect control

PART IX
Bakeries

   44.   General

   45.   Storage of fuel and ash

   46.   Use of bread dough and yeast for leavening

   47.   Bread crumbs, etc.

   48.   Mixing machines

   49.   Storage of bread

   50.   Bread containers

   51.   Bread delivery vehicles

PART X
Ice-cream, Sweets and Babyfood Factories

   52.   General

   53.   Ingredients

   54.   Waste material

   55.   Floors, machinery and equipment

   56.   Cleaning

   57.   Ice-cream carts and motor vans

   58.   Processing

   59.   Baby food not to be touched by hand

   60.   Babyfood, etc. to be rendered germ-free

   61.   Melted ice-cream

   62.   Storage facilities

   63.   Ice-cream carts

PART XI
Wholesale and Retail Businesses

   64.   Application of Part

   65.   General requirements

   66.   Maintenance of counters, etc.

   67.   Refrigerators, ice-chests, etc.

   68.   Refrigeration of perishable food

   69.   Displaying and arranging of food

   70.   Preservation of perishable food

   71.   Protection of food

   72.   Wrapping of food

   73.   Personal clothing

PART XII
Refreshment Businesses

   74.   General requirements regarding refreshment businesses

   75.   Hygienic condition of food and drink

   76.   Storage, display and serving of food and drink

   77.   Tables

   78.   Crockery

   79.   Disposable articles

PART XIII
Butcheries

   80.   General requirements regarding butcheries

   81.   Butchery premises

   82.   Equipment

   83.   Water supply

   84.   Overflows

   85.   Washing of hands

   86.   Spitting prohibited

   87.   Displays and storage

   88.   Floors

   89.   Protection against contamination

   90.   Communicable diseases

   91.   Duties of butcher

   92.   Transport of carcasses and animal products

   93.   Vehicles used in butcheries

   94.   Transport of meat

   95.   Vehicles to be kept clean

   96.   Covering in vehicles

   97.   Use of vehicles

   98.   Passengers in vehicles

   99.   Carriage of meat and offal

   100.   Carcasses to be wrapped

   101.   Meat to be chilled

PART XIV
Rented Rooms

   102.   Requirements regarding rented rooms

   103.   Interior surfaces

   104.   Facilities to be provided

   105.   Additional facilities for hotels, etc.

PART XV
Vendors and Peddlers

   106.   General requirements regarding vendors and peddlers

PART XVI
Swimming Baths

   107.   General requirements regarding swimming baths

   108.   Facilities to be provided

   109.   Towels and bathing costumes

   110.   Premises to be kept clean

   111.   Water to be chlorinated

PART XVII
Laundries and Dry Cleaners

   112.   Written authority to be carried by employees

   113.   General requirements regarding laundries and dry cleaners

   114.   Special requirements for laundries

   115.   Special requirements for dry cleaners

   116.   Dry-cleaning depots

   117.   General duties

   118.   Various additional requirements

   119.   Requirements regarding premises

PART XVIII
Roadside Stalls

   120.   General provisions

   121.   License of stalls

   122.   Sanitary conveniences

   123.   Protection of food

   124.   Removal of litter

   125.   Hygienic food

PART XIX
Gatherings (including Auctions, Gymkhanas, Drive-in Cinemas, Stock-car
races, Air and Military Shows, Country Clubs)

   126.   Requirements regarding gatherings

PART XX
General

   127.   Nuisance

   128.   Offences

   129.   Other laws

S.I. 107, 1983,
S.I. 54, 2012.

PART I
General
(regs 1-3)

1.   Citation

   These Regulations may be cited as the Public Health Regulations.

2.   Application

   These Regulations shall apply to the whole of Botswana.

3.   Interpretation

   In these Regulations, unless the context otherwise requires-

   "animal" means any mule, ass, horse, donkey, pig, bovine, sheep, goat, wild animal, dog, rabbit, cat and pet;

   "approved" means approved by a local authority;

   "articles of food" or "food" or "foodstuff" means meat or any meat product, milk, or dairy products, fish, fruit, vegetables, condiments, confectionery, bread, beverages, and any article or thing (excluding medicine or water, but including ice) in any form, state or stage of preparation, which is intended to be or is ordinarily used for human consumption;

   "bakery" means any licensed premises where bread, bread rolls, meat rolls, sausage rolls, meat pies, biscuits, pies, tarts, pastry, sweets, sweetmeats, cake or confectionery is prepared to be sold or to be offered for sale;

   "barber" or "hairdresser" means any person who, for a consideration, carries out or assists in carrying out the operation of trimming, shaving, curling, combing or cutting the hair of people, as well as manicure, beauty or similar treatment, and related operations;

   "butcher" means any person in possession of or required to be in possession of a butcher's licence issued in terms of the Trade Act;

   "butchery" means any premises used by a butcher for the sale of meat and, meat products and for keeping, storing, preparing and displaying for sale, or used in any other way for the purposes of a butcher's business, and includes the sale-room and associated rooms;

   "camping" means the erection or use of any temporary structure intended for temporary use by persons for dwelling or sleeping purposes and includes the erection or use of tents intended for such purposes, but not the parking or use of caravans;

   "camping ground" means any premises on which any temporary or removable structure, including a tent but excluding a caravan, intended for temporary use by persons for dwelling or sleeping purposes is erected or used or intended to be erected or used;

   "caravan" means any vehicle or similar structure which is capable of being moved or removed or towed and which has no foundation other than wheels, jacks or struts and is designed or built in such manner that persons may use such vehicle or structure for dwelling or sleeping purposes and includes any mobile house or trailer or travelling trailer used for such purpose;

   "caravan park" means any premises offering accommodation for two or more caravans or intended for such accommodation, whether or not any charge is made for such accommodation;

   "caravan space" means any piece of land or any allotment within any caravan park, appointed or used or intended for the accommodation of one caravan;

   "carrier" means a person who, although not necessarily at the time showing clinical symptoms of an infectious disease, has been proved or is considered on good grounds after laboratory or other examination, to be infected and consequently able to spread such infectious disease;

   "change-room" means a room set aside for employees to change into working protective clothing, to store their clothes, to wash and to eat their meals, if the employer permits;

   "clothes" or "clothing" includes all clothing, articles, table linen, bed-linen and curtains or any other articles which can be subjected to washing or dry-cleaning;

   "consideration" means any payment in cash or in kind, direct or indirect;

   "drainage" and "sewerage" means any drain together with its appurtenances used for the drainage of one building only, or of premises within the same curtilage and made merely for the purposes of communication therefrom with a cesspool or other like receptacle for drainage or with a sewer into which drainage of two or more buildings or premises occupied by different persons is conveyed, and includes any pipe or channel, whether opened or closed, used or intended to be used for the drainage of land, and "an approved drainage or sewerage system" has a corresponding meaning;

   "dry cleaner" means any premises or part thereof where articles are dry-cleaned, dyed, bleached or ironed or undergo any other process of cleaning except the process known as "washing", and "dry cleaning depot" means any premises or part thereof where such articles as are named above, including articles intended for washing, are received, stored or handled for the purpose of subjecting them to the above process;

   "faecal E. coli" means that organism which produces gas at 44°C ± 0,25°C in two per cent (m/v) brilliant green bile broth and produces indole in tryptone water at the same temperature;

   "fish shop" means any premises where mainly fish and fish products are sold or kept, handled, prepared or served for consumption on or off the premises;

   "food handler" means any person who handles, prepares or serves in or in connection with any food premises any article of food, or foodstuff;

   "food premises" means any premises on which or in which food intended for human consumption is sold, or kept, handled, prepared or served for sale;

   "handling" means the production, bottling, packaging, preparation, sale, conveyance, delivery storage, serving, heat treatment or any other treatment or handling of milk or other food;

   "health officer" means any medical practitioner registered under the Botswana Health Professions Act, and includes any health inspector, and any public health nurse employed by or so designated by the Minister;

   "kitchen" means any place specially set aside in any undertaking where food is prepared for serving; where food is prepared for consumption away from the premises the kitchen shall be of an approved size;

   "laundering" includes the washing, subjection to cleaning processes, drying, bleaching, dyeing, dry-cleaning or ironing or pressing of any clothing or clothes for a consideration and the delivery thereof;

   "laundry" includes all premises where laundering takes place or forms part of the operation, for a consideration;

   "licensed" means licensed in terms of the Trade Act, or any other written law;

   "nuisance" means, inter alia-

   (a)   any premises or part thereof of such a construction or in such a state as to be offensive or injurious or dangerous to health;

   (b)   any street, stream, pool, lagoon, ditch, gutter, watercourse, sink, cistern, water-closet, earth closet, privy, urinal, cesspool, drain, sewer, waste-water receptacle, manure pit, ash bin, ash pit, or midden, so foul or in such a state or so situated or constructed as to be offensive or a nuisance, or injurious or dangerous to health;

   (c)   any well or other source of water supply which is injurious or dangerous to health;

   (d)   any tank or cistern used for the supply of water for domestic purposes so placed, constructed or kept as to render the water therein liable to contamination, causing or likely to cause danger to health or to be conducive to the breading of mosquitoes;

   (e)   any stable, cowshed, animal kraal, fowl house or premises in which any animal or animals or bird or birds is or are kept or are intended to be kept, in such a manner or in such numbers as to be offensive, or injurious or dangerous to health;

   (f)   any accumulation or deposit of refuse, offal, manure or other matter which is offensive or injurious or dangerous to health, or any offensive matter, refuse, offal or manure lying or being within 45 m, of any street, or contained in uncovered trucks or wagons, standing or being at any station or halt or elsewhere on a railway so as to be offensive or injurious or dangerous to health;

   (g)   any works, factory, trade or business causing or giving rise to smells or vapours which are offensive, or which are injurious or dangerous to the health of the neighbourhood or so managed as to be offensive or injurious or dangerous to health;

   (h)   any house or part of a house or any occupied dwelling-

      (i)   so overcrowded as to be injurious or dangerous to the health of the occupants or in which there is not at least 12 m3 of air space and 4 m2 of floor space for each person simultaneously occupying such house or part thereof, whether by day or by night;

      (ii)   for which a proper, adequate and hygienic source of water supply is not available within a reasonable distance;

   (i)   any school building or any factory, workshop or workplace, or part thereof-

      (i)   which is not kept clean and free of vapours originating in any drain, privy, water-closet, earth closet, urinal or other source of nuisance;

      (ii)   which is not ventilated in such manner as to render harmless, as far as practicable, any gas, vapour, dust or other impurity generated in the course of the work carried out therein and which is offensive, or injurious or dangerous to health;

      (iii)   in which the average proportion of carbonic acid in the air at or about breathing level exceeds 10 volumes in 10 000 or, where gas or oil is used for lighting purposes, exceeds 18 volumes in 10 000 while such gas or oil is in actual use; or

      (iv)   which is so overcrowded while work is being carried out therein as to be injurious or dangerous to the health of those employed therein;

   (j)   any chimney sending forth black smoke in such a manner as to be contrary to the provisions of the Atmospheric Pollution (Prevention) Act;

   (k)   any cemetery, burial place or other place of burial so situated or so overcrowded or otherwise so used as to be offensive or injurious or dangerous to health;

   (l)   any other condition whatever which is offensive or injurious or dangerous to health; the generality of this provision is not restricted by the foregoing particular matters;

   "offal" means-

   (a)   "clean edible offal"-blood, brain, diaphragm, kidneys, omentum, pancreas (if removed cleanly), pluck (this shall consist of the oesophagus, trachea, lungs, heart, pericardium, associated lymph nodes, pillars of the diaphragm and liver or part thereof), spleen (if removed cleanly), tail, testicles (if properly collected), thymus, tongue and tripe (this shall consist of the scaled, washed and scraped stomach of ruminants);

   (b)   "rough edible offal"-spleen (if not removed as above), cow-heels, heads, intestines (these shall consist of the intestinal tract or portions thereof and include the duodenum, jejunum, caecum, colon and rectum), stomachs (these shall consist of the rumen, recticulum, omasum and abomasum in the case of ruminants and the stomach in the case of equines and pigs), testicles (if not collected as above) and trotters;

   "overcrowded", in relation to any room or place where any person resides, means that there is not at least 4 m2 of floor space and 12 m3 of air space for each occupant of the age of 10 years and over and at least half of this space for each occupant under the age of 10 years, and "overcrowding" shall be construed accordingly;

   "poultry" means any duck, muscovy duck, fowl, goose, turkey or other bird;

   "premises" means any land or buildings or any vehicles, ship, boat or float on or in which any of the activities regulated by these Regulations are carried out;

   "preparation room" means any place specially set aside for the preparation, processing of meat and meat products;

   "receiving depot" means such premises, except a laundry, where clothes or clothing are placed, kept, retained or stored for the purposes of washing or dry-cleaning and includes the entire premises in which such depot is situated;

   "recreation ground" means any ground used for athletics, football, cricket, or any other game, or for any kind of recreation;

   "refuse bin" means any container used exclusively for the collection of refuse and other waste material with a view to its removal;

   "rented rooms" means any premises where, for a consideration, board or lodging is provided for more than five persons and includes associated buildings and recreational facilities on such premises;

   "roadside stall" means any premises where a bona fide farmer or gardener displays, keeps or offers for sale products produced or cultivated by himself:

   Provided that the products are cultivated on land of which the farmer or gardener is the owner, lawful occupant or tenant and provided such person does not trade through an agent who is not his employee, or on any premises other than those on which the product is cultivated;

   "sale room" means any room where food or other articles of trade are sold or offered for sale;

   "scullery" means any place specially set aside for the cleaning of equipment, utensils, cutlery or articles used in the handling, preparation or serving of food;

   "sell" means sell by wholesale or retail and includes attempt to sell, or offer, advertise, keep, display, transmit, convey or deliver for sale, or authorize, direct or allow a sale, or prepare or possess for the purposes of sale, barter, exchange, supply, or disposal for any consideration direct or indirect;

   "store-room" means any room specially set aside for the storage of food or articles of trade, the surface of which shall be not less than 16 m2; in the case of a butchery where a store-room is required, the minimum floor surface shall be 9 m2;

   "structure" means any shed, shelter, pigsty, pen, kraal, cover or building used for keeping, housing or fencing off animals and poultry;

   "swimming bath" means any approved premises where swimming facilities are provided to the public for a consideration and includes any associated buildings and also relates to any swimming bath forming part of the recreation facilities of any hotel, motel, rented room, camping site, caravan park or other recreational and pleasure resort;

   "toilet room" means any room or rooms in which sanitary conveniences are installed and set aside exclusively for this purpose, and "toilet" has a corresponding meaning;

   "unit" means any bovine or 15 sheep or goats or sheep and goats combined, or five pigs, or three calves;

   "vehicles" means any kind of carriage, van, trailer, truck, bus, push-cart, motorcar, cycle or other means whatever of transport by land (whether roadworthy or not), and includes any delivery container, motor vehicle body, chassis part or motor, machinery or part thereof, or other similar article;

   "vendor" and "peddler" mean any person who trades or does business by offering or displaying goods for sale or exchange other than at fixed premises and for such purpose moves his wares from place to place on foot, by vehicle, pack animal or carrier and includes a hawker;

   "veterinarian" means any veterinary surgeon registered in terms of the Veterinary Surgeons Act, and includes any stock inspector or veterinary assistant;

   "waste container" means any approved container kept on food premises for the collection of waste food and its removal to a refuse bin.

PART II
Family Housing
(regs 4-8)

4.   Overcrowding

   No person shall occupy or cause or allow to be occupied any dwelling in such a manner that it is overcrowded or unhygienic or creates any other condition that constitutes a danger to the health of any person.

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