KWENENG DISTRICT COUNCIL (FOOD-VENDING) BYE-LAWS

(under sections 44 and 45)

(24th November, 2017)

ARRANGEMENT OF BYE-LAWS

BYE-LAW

    1.    Citation

    2.    Interpretation

    3.    Prohibition from carrying on business of food-vendor without licence

    4.    Application for licence

    5.    Renewal of licence

    6.    Inspection of premises

    7.    Licence to be produced for inspection

    8.    Licence not transferable

    9.    Health status of food-vendors

    10.    Personal hygiene of food-vendors

    11.    Location

    12.    Structure

    13.    Sanitary conditions

    14.    Appliances

    15.    Pest control

    16.    Powers of entry

    17.    Closure of stalls or business premises

    18.    Cooking and serving of food

    19.    Transportation of food

    20.    Food advisory services

    21.    Offences and penalties

        Schedule 1 - Application for a food-vendor's licence

        Schedule 2 - Food-vending licence

        Schedule 3 - Renewal of application

S.I. 141, 2017.

1.    Citation

    These Bye-laws may be cited as the Kweneng District Council (Food-Vending) Bye-laws.

2.    Interpretation

    In these Bye-laws, unless the context otherwise requires—

    "appliance" means any utensil, machinery, instrument, apparatus, crockery, article or part thereof, used or intended for use in processing, preparation, handling and serving of food;

    "authorised official" means any person authorised by the Council Secretary in writing for purposes of giving effect to these Bye-laws;

    "council" means the Kweneng District Council;

    "council area" means the area within the jurisdiction of the Council;

    "crockery" means glasses, plate, dishes, cup, saucer, spoon, fork, ladle, chopstick, and shall include any disposable article used or intended for use in or for the making, preparing, keeping, selling, supplying or the serving of food;

    "disposable article" means any appliances, containers, gargets, implements, crockery, utensils or wrappers intended for a single use in the storage, preparation, display, sale or serving of food;

    "food-vendor" means a person who prepares, packs, stores, displays and sells ready-to-eat-food or beverages either from a stall, business premise or from place to place;

    "food-handler" means a person who assists in the preparation, cooking, handling and the serving of food;

    "medical practitioner" means a person registered as a medical practitioner in terms of section 9 of the Botswana Health Professions Act (Cap. 61.02), entitling him or her to practise as such in Botswana;

    "micro-organism" shall include any macroscopic living organisms that can cause food borne or water borne disease that can be transmitted through food or water;

    "mobile food-vendor" means a food-vendor who moves from place to place for the purpose of processing, preparing, delivering, displaying and serving of ready-to-eat-food;

    "perishable food" means food that consists wholly or partly of milk, milk products, eggs, meat, poultry, fish or other ingredients capable of supporting progressive growth of micro-organisms that cause food spoilage, food-poisoning and food borne diseases;

    "pest" means any animal or insect, domestic or otherwise, capable of directly or indirectly contaminating food, and shall include rodents, roaches, flies or other insects or vermin infestation;

    "ready-to-eat-food" means any food including beverages other than alcoholic beverages which is normally consumed in its raw state, or any food handled, processed, mixed, cooked or otherwise prepared into a form in which it is normally consumed without further processing;

    "stall" includes a cart, caravan or motor-vehicle with or without wheels, or any fixed place equipped with chairs, tables, benches, baskets, or any other structure approved by the Council for food-vending business;

    "utensil" includes appliances, containers, gargets and equipment, including traditional ones, used in the processing, preparation, handling and serving of food; and

    "waste water" means sullage water arising as a result of the activities of food-vending business.

3.    Prohibition from carrying on business of food-vendor without licence

    No person shall carry on the business of a food-vendor within the council area, unless such a person—

    (a)    has attained the age of 15 years;

    (b)    is the holder of a food-vending licence; and

    (c)    is free from any communicable or infectious disease that are food or water borne.

4.    Application for licence

    (1) Any person who wishes to carry on the business of a food-vendor shall make an application to the Council in the form set out in Schedule 1, supplying such information in relation thereto as the Council may require, in particular, specifying the following—