The Public Health (Infectious Diseases) Regulations 1988

Regulation 9(2)

SCHEDULE 4 FOOD POISONING AND FOOD BORNE INFECTIONS

Measures by local authority

1.—(1) If a proper officer, after considering the information available to him, forms the opinion—

(a) that a person in the district—

(i) is suffering from food poisoning which may be caused by an infection, or

(ii) is suffering from, or is shown to be a carrier of, any infection mentioned in paragraph 5 of this Schedule, and

(b) that it is desirable for the protection of the public health that measures should be taken to prevent the spread of infection,

he shall report to the local authority accordingly.

(2) On receipt of such a report, the local authority may by notice in writing—

(a) require the person concerned to discontinue or to refrain from engaging in any occupation connected with food until they notify him that the risk of causing infection is removed;

(b) require that such measures shall be taken for the protection of the public health as are specified in the notice, being measures which in the opinion of the proper officer are desirable to prevent the spread of infection by the person concerned; and

(c) require the assistance of any other person reasonably able to assist in securing compliance with any requirement under this paragraph;

and if the person concerned is already engaged in any occupation connected with food, the local authority shall send a copy of any notice served on him under this paragraph to his employer, if any, and to any other person reasonably able to assist in securing compliance with any requirement under this paragraph.

Suspected carriers in food trade

2.—(1) If a proper officer has reason to believe that a person engaged in any trade or business connected with food may be a carrier of any infection mentioned in paragraph 5 of this Schedule, he shall report to the local authority accordingly.

(2) The local authority may give notice in writing to the responsible manager of the trade or business concerned that for the purpose of preventing the spread of infection they consider it necessary for the proper officer or a registered medical practitioner acting on his behalf to make a medical examination of that person, and the responsible manager shall give to the proper officer all reasonable assistance in the matter.

Authorisation of proper officer

3.—(1) A local authority may authorise the proper officer generally to issue any notice on their behalf under this Schedule in relation to any particular case if in his opinion it is immediately and urgently necessary for him to do so for the purpose of preventing the spread of infection.

(2) The proper officer shall at the earliest opportunity report any case dealt with under such an authorisation, and the action taken by him, to the local authority.

Definition of terms

4.  In this Schedule—

(a) “connected with food”, in relation to an occupation, trade or business, means connected with the preparation or handling of food or drink for human consumption; and

(b) the reference to making a medical examination shall be construed as including a reference to making bacteriological tests and similar investigations.

Infections to which this Schedule applies

5.  The infections referred to in paragraphs 1 and 2 of this Schedule are typhoid, paratyphoid and other salmonella infections, amoebic and bacillary dysentery, and staphylococcal infections likely to cause food poisoning.