Last month, an Indian food restaurant was ordered to close down by the Health Inspectorate and an Emergency Prohibition Order was served in view of unhygienic conditions noted during an inspection.

During March, the Department for Environmental Health has issued 352 improvement notices in line with the Food Safety Act.  This is a slight increase over February but still not as much as in January of this year.

This notice is sent to all food business operators after an unannounced inspection is performed in their establishment by Environmental Health Officers.  The intention of this notice is to inform food operators about deficiencies found in their establishments and these are given a specific date in order to remedy these deficiencies.  While deficiencies may vary, however when major deficiencies are noted legal action is taken as listed hereunder.

Twenty Three undertakings were entered into with operators during March, 2010; an increase when compared to both January and February.  

Undertakings are legal agreements between the food business operators and the Health Authority specifying deadlines by which deficiencies in their premises should be remedied or to re-label products in compliance with existing legislation.  Failure to abide with the agreed deadlines results in Court proceedings being initiated.  The majority of undertakings during this month were with respect to labelling irregularities and also structural deficiencies in food premises.

In March, 5280 bottles x 330ml of sparkling water were destroyed due to evidence of tampering with the durability date. 645kg of flour mix and 23.5kg of noodles were destroyed due to the possible presence of unauthorised Genetically Modified Organisms as reported to Malta via the Rapid Alert System for Food and Feed (RASFF). 20kg of foodstuffs packed in an unlicenced premises, 20kg of chicken breasts which were insufficiently labelled, 19.2kg of fish following a court order, 3kg honey due to authenticity issues and 1.5kg of peppered cheeselets due to improper labelling were also destroyed during March.

Seven contraventions were issued to food business operators for several reasons such as for keeping of premises in unhygienic conditions, for tampering with labels of foodstuffs, failing to abide with an undertaking, and for having in possession improperly labelled foodstuffs. 

Three contraventions were issued during March for making use of gift schemes intended for the promotion and advertising of cigarettes, which are considered illegal as per Ban on Advertising and Promotion of Tobacco Products Regulations (L.N. 406 of 2005).

During March, four emergency control orders were issued.  One was issued onto one of the premises closed in the past month.  This means that the business was reopened under certain conditions.  The remaining three control orders were served onto operators who were illegally packing or producing foodstuffs. These permanent or temporary orders are given to food business operators to stop part of their activities.  

Last month, Shalimar Indian Restaurant of 202, Triq is-Salini, Marsascala was ordered to close down on the 18th March, 2010 by the Health Inspectorate and an Emergency Prohibition Order was served in view of unhygienic conditions noted during an inspection.  

As from this month, a summary of court sentences will also be given. During the last three months, ninety three cases were decided by the Magistrate’s Court.  From these cases, those found guilty were sentenced with conditional discharges ranging from 3 months to 2 years whilst, a total of just over €5,000 fines were imposed against the responsible persons of;

van bearing registration number EBI 945 and shop Golden Harvest, Triq San Tumas, Floriana, Porto Azzurro, Triq ir-Ridott, Xemxija, San Pawl il-Baħar and Slipway Store, it-Telgħa tax-Xemxija, Xemxija, San Pawl il-Baħar for keeping dairy products in the temperature danger zone and Champ Pastizzeria, Triq San Ġorġ, San Ġiljan for not complying with an undertaking. Dimples Bar, Pjazza 16 ta’ Settembru, Mosta for removing foodstuffs which were sealed by the Health Authority; Bezzina Garage, No. 11/12, Triq Ganni Bonnici, Zebbug for removing food which was sealed by the Health Authority, for keeping a premises without the necessary approvals and for employing food handlers without the necessary registration cards. 

An operator was fined for manufacturing honey which did not meet criteria laid down in Legal Notice 213 of 2004 on Honey and hence was misleading to the consumer. Another was fined for keeping dairy products unrefrigerated.  Another operator received a fine for having no traceability records of meat products which were also irregularly labelled. All these cases have been appealed by the defence.

In addition the following were given conditional discharges exceeding one year;

The operator of Kingfisher Restaurant, Wied iż-Żurrieq for not abiding by the conditions laid down in an undertaking – 1 year conditional discharge;
The operator of Farm 59, Triq Isouard, Marsa for keeping an unapproved farm and keeping a food business under unhygienic conditions – 18 months conditional discharge;
Distributor of food products by van with registration no. CAT 331 for keeping foodstuffs within incorrect temperatures – 1 year conditional discharge;
Operator of Freddie’s Discount Store/Freddie’s Store Telgħat Spencer, Marsa for keeping several amounts of foodstuffs which lapsed their durability date, exposing food to risk of contamination, improper labelling and pest infestation – 2 years conditional discharge. 

During March, 443 complaints were lodged with the Health Inspectorate.  These were categorized as follows:

83 of these complaints were food related.  The most common type of food complaints were improper labelling of food (16 complaints), unhygienic premises (14 complaints), alleged unfit food (14 complaints), unhygienic conditions (8 complaints) and 6 complaints on personal malpractices.

336 complaints were environmental health related. The most common type being pest related (89 complaints), infiltrations (84 complaints), drainage overflow (35 complaints), defective drains (21 complaints) and keeping of animals in unhygienic conditions (20 complaints).

For this reason, the Department for Environmental Health once again reminds the public that it can contact the Health Inspectorate Services between 07:30am and 03:30pm on telephone number 21337333, by calling personally at its offices at 37-39, Rue D’Argens, Msida or by email complaints.ph@gov.mt.

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