Section 2: Interpretation

2. Interpretation In this Act— “advertisement” includes any representation by any means for the purpose of promoting in any form the sale or disposal of food; “analysis” includes microbiological assay; “animal” includes any quadruped or bird, either domesticated or not, and fish, which is normally used for human consumption; “appliance” includes any utensil, machinery, instrument, apparatus or article used or intended for use in, or for the making, preparing, keeping, selling or supplying, of any food; “authorised officer” means an officer designated under section 3; “business” includes the undertaking of a canteen, club, school, hospital or institution, whether carried on for profit or otherwise; F18 – 1 [Issue 1] Food Act “commercial operation”, in relation to food or contact material, means the— (a) the selling or advertising for sale; (b) the consigning, delivering, or serving by way of sale; (c) the preparing for sale or presenting, labelling, bottling, packing or wrapping for the purposes of sale; (d) the storing or transporting for the purpose of sale; and (e) the importing and exporting; “component” means any substance which forms part of an ingredient; “contact material” means any article or substance which is intended to come into contact with food; “container” means a package or receptacle of any kind, whether open or closed, and includes a wrapper; “entertainment” includes any social or other form of gathering, amusement, festival, exhibition, performance, game, competition, fancyfair, sport or trial of skill; “examination” means any physical, chemical or microbiological examination; “fish” means any edible aquatic animal organism and includes live shells, salted fish, dried fish, cooked fish, frozen fish, chilled fish, smoked fish and canned fish; “food”— (a) means any article or substance meant for human consumption and includes— (i) drinks and bottled water; (ii) chewing gum and other products of similar nature and use; and (iii) articles and substances used or intended for use as ingredients in the composition or preparation of food; (b) does not include— (i) live animals, birds or live fish which are not used for human consumption while they are alive; (ii) fodder or feeding stuffs for animals, birds or fish; (iii) drugs or medicine as defined in the Pharmacy Act; and (iv) hormonal products or veterinary products for use in livestock feed; “food business” means any business in the course of which any commercial operation with respect to food is carried out; [Issue 1] F18 – 2 Revised Laws of Mauritius “food microbiologist” means an officer of the Ministry, entrusted with the duty of performing microbiological examinations of food; “Government Analyst” means an officer of the Ministry, entrusted with the duty of performing analysis of food; “import” means bring or cause to be brought into Mauritius; “importer”, in relation to any food at the time of import, includes the owner of the food, his agent or any other person who is in possession of, or is in any way interested in the custody or control of the food; “injurious to health” means causing any impairment, whether permanent or temporary, to the health of a human being; “licensee” means the holder of a licence to sell or deal in food and includes any person in charge of any food premises; “medical examination” means— (a) physical, clinical, microbiological, chemical, serological or radiological examination; and (b) the taking of specimen of any body fluid, tissue or was session of, or is in any way interested in the custody or control of the food; “injurious to health” means causing any impairment, whether permanent or temporary, to the health of a human being; “licensee” means the holder of a licence to sell or deal in food and includes any person in charge of any food premises; “medical examination” means— (a) physical, clinical, microbiological, chemical, serological or radiological examination; and (b) the taking of specimen of any body fluid, tissue or waste product for examination and analysis; “Minister” means the Minister to whom responsibility for the subject of health is assigned; “package” includes— (a) anything in which or any means by which food is cased, covered, enclosed, contained, closed or otherwise packed in any way; and (b) any basket, tray or receptacle of any kind, whether opened or closed; “novel food” means any food which has not previously been used for human consumption in Mauritius; “Permanent Secretary” means the Permanent Secretary of the Ministry; “physical examination” includes organoleptic examination; “premises”— (a) means any building or any other structure permanent or otherwise, together with the land on which the building or other structure is situated and any adjoining land used in connection therewith; and (b) includes any vehicle, conveyance, ship, aircraft, floating craft, street, place, open space or place of public resort, bicycle, tricycle, any vehicle motorised or not, used for or in connection with the preparation, preservation, packaging, storage, conveyance, distribution or sale of any food; F18 – 3 [Issue 1] Food Act “preparation”, in relation to food, includes manufacturing, producing, processing and any form of treatment; “sale” includes the offering or giving away of food as a prize or reward in connection with any entertainment or advertisement, or for the promotion of any trade or business, whether on payment of money or not; “seal” includes the detention in bulk of any food, a sample of which has been taken for analysis or examination, pending results of the analysis or examination, as the case may be; “sell” includes hawk, offer, keep, expose for sale, convey, deliver or prepare for sale, dispose of for any consideration, convey or deliver or supply in pursuance of the sale or disposal; “treatment”, in relation to food, includes subjecting the food to heat or cold.