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Public Health Act - Public Health Regulations

LAWS OF TUVALU
2008 Revised Edition

PUBLIC HEALTH REGULATIONS

CAP. 28.36.1

Arrangement of Regulations

Regulation

1 Citation
2 Premises to be kept clean
3 Stagnant water
4 Tins, etc
5 Tanks, etc.
6 Water in boats
7 Guttering, etc.
8 Inspection
9 Inspection, etc., of unoccupied land
10 Rubbish in streets, etc.
11 Latrines
12 Cleaning of latrines
13 Destruction of latrine
14 Disposal of rubbish
15 Liability
16 Food-stuffs
17 Mineral waters and ice-cream
18 Powers of Minister
19 Power to prohibit sale of food
20 Closing of wells
21 Notification of infectious disease
22 Isolation
23 Contacts
24 Disinfection
25 Infectious disease on boat
26 Power of entry
27 Obstruction of officer
28 Poultry Farming

Supporting Documents
ENDNOTES

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PUBLIC HEALTH REGULATIONS

MADE UNDER SECTION 3 OF THE PUBLIC HEALTH ACT¹

Commencement [1st December 1926]

1 Citation

These Regulations may be cited as the Public Health Regulations.

2 Premises to be kept clean

All houses, buildings and premises, and the land in which they stand shall be kept clean.

3 Stagnant water

No stagnant water shall be allowed to lie in such lands for more than 24 hours unless treated to the satisfaction of a sanitary inspector by efficient drainage or with petroleum or other suitable oil.

4 Tins, etc.

No tins, bottles or other receptacles capable of holding water shall be allowed to remain upon any such premises or lands.

5 Tanks, etc.

All tanks, vats and vessels used for retaining water shall be efficiently covered with mosquito-proof gauze, or shall be treated with petroleum or other suitable oil to the satisfaction of a sanitary inspector.

6 Water in boats

No stagnant water shall be allowed to lie in any boat or vessel whether afloat or ashore.

7 Guttering, etc.

The guttering and down-pipes connected with the roofs of all houses, buildings and premises shall be kept clean and efficient.

8 Inspection

A sanitary inspector or any member of his staff thereto authorised by him in writing may, at all such times as he shall think fit, enter upon any premises for the purpose of inspection.

9 Inspection, etc., of unoccupied land

A sanitary inspector together with his assistants may enter upon any unoccupied or apparently unoccupied lands for the purpose of inspecting and cleaning the same; and the owner of such lands shall be liable for any expenses thereby incurred.

10 Rubbish in streets, etc.

No person shall deposit or cause to be deposited any empty tin, bottle or other receptacle in any street, road, or other public place.

11 Latrines

Every house or building in daily occupation shall be provided by the owner thereof with latrine accommodation as approved by a sanitary inspector.

12 Cleaning of latrines

(1). Latrines shall be kept thoroughly clean.

(2) Occupiers of houses and buildings shall immediately report to the sanitary inspector should the latrine pans at their houses or buildings not be removed daily.

13 Destruction of latrine

A sanitary inspector may order the destruction without payment of compensation of any latrine which is, in his opinion, unfit for use, and a latrine approved by him shall thereupon be provided by the owner.

14 Disposal of rubbish

All garbage and rubbish which can readily be destroyed by fire shall be so destroyed; and all other garbage and rubbish shall be placed in tins and covered with fly-proof covers, and such tins shall be placed daily in positions convenient for collection.

15 Liability

(1) For any offence in contravention of any of regulations 2, 3, 4, 5, 6, 7,12 and 14 the person primarily liable shall be the occupier of the house, building, premises or lands or the person in command of, or in charge of the boat or vessel upon which or in respect of which such offence was committed; and if there be no such occupier or person in charge, the owner of the said house, building, premises, land, boat or vessel as the case may be shall become liable in respect of such offence.

(2) The liability imposed as aforesaid upon any occupier, person in charge or owner as aforesaid shall be in addition to the liability of any other person who aids or abets any contravention of the provisions of the regulations mentioned in paragraph (1).

16 Food-stuffs

All persons who sell or deal in food-stuffs of a perishable nature shall keep such food-stuffs properly protected from flies; and if a sanitary inspector be satisfied that any such food-stuffs have not been so protected he may order the immediate destruction thereof without payment of compensation.

17 Mineral waters and ice-cream

Only boiled or efficiently filtered water shall be used in operations connected with the manufacture and bottling of aerated waters and the making of ice cream offered for sale; and any person failing to comply with the provisions of this regulation shall be deemed guilty of a contravention of these Regulations.

18 Powers of Minister

The Minister, on the recommendation of a sanitary inspector, may order the destruction, without payment of compensation, or drainage of banana, ponceana, or other trees or plants that retain water.

19 Power to prohibit sale of food

A sanitary inspector may prohibit the sale of any meat, fish, poultry, fruit, vegetables and other foods of any kind whatsoever that in his opinion are unfit for Regulations human consumption, and any person selling any commodities of which the sale has been so prohibited shall be deemed guilty of a contravention of the provisions of these Regulations.

20 Closing of wells

Any well or water supply which is injurious to health may be closed by order of a sanitary inspector.

21 Notification of infectious disease

Every case or suspected case of infectious disease shall be at once notified, in the case of a sick child, by the parent or guardian, and, in the case of a sick adult, by the householder in whose house the illness occurs, or by any other adult inmate of the house, to the nearest sanitary inspector:

Provided that where any person required to notify a case or suspected case of infectious disease is a labourer under contract of service, such labourer shall at once notify the case or suspected case to the nearest person who may be in authority over him whether as his employer or as an agent of his employer or otherwise, and such person shall in turn at once notify the case or suspected case to the nearest sanitary inspector:

And provided further that where any person under a duty of notification as aforesaid shall have failed in such duty the person in charge of the premises in which the case or suspected case of infectious disease has occurred shall as soon as he shall have become aware thereof notify the case or suspected case to the nearest sanitary inspector.

22 Isolation

A sanitary inspector shall have power to order the isolation or removal to hospital of persons suffering or suspected to be suffering from an infectious disease, and no person so isolated or removed to hospital shall leave or be taken from the place where he has been isolated or leave the hospital or be taken from it unless so ordered by a sanitary inspector.

23 Contacts

Any person who has been in contact with a person suffering or suspected to be suffering from any infectious disease, or who is known to have rendered himself liable in any other way to infection by an infectious disease, shall, if so ordered by a medical officer, remain in such place as such officer may direct for such period not exceeding 14 days as such officer may direct.

24 Disinfection

A medical officer may order without payment of compensation for any loss or damage suffered by the owner the removal, disinfection, or destruction of any boat, vessel or building or anything therein that has been exposed to infection.

25 Infectious disease on boat

If any person shall be suffering or suspected to be suffering from an infectious disease on any boat or vessel, notification shall be made at once to the nearest sanitary inspector by the person in charge of such boat or vessel.

26 Power of entry

A sanitary inspector may at any time enter and inspect any boat, vessel or building in which he has reason to believe that there is a case or suspected case of infectious disease.

27 Obstruction of officer

If any person obstructs any sanitary inspector acting under these Regulations in the execution of his duty or any assistant of any such sanitary inspector he shall be deemed guilty of a contravention of these Regulations.

28 Poultry Farming

The trade of poultry farming is declared to be an offensive trade. To regulate the carrying on of such trade:

(a) no poultry farm shall be situated within two hundred feet of any well, dwelling house or business premises;

• (b) any poultry farm shall be kept clean;

• (c) the Minister may by notice on the recommendation of a sanitary inspector, order the closure or removal, without payment of compensation, of a poultry farm which contravenes part (a) or part (b) of this regulation.
  

ENDNOTES
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1 Acts 8 of 1926, 8 of 1971, 9 of 1971, 14 of 1974, LN 10/1987, LN 6 of 1990