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THE MUNICIPAL COUNCIL OF MAVOKO
(SALE OF ICE CREAM)
BY-LAWS 2009
Legal Notice No.
LOCAL GOVERNMENT ACT
CAP 265
THE MUNICIPAL COUNCIL OF MAVOKO
(SALE OF ICE-CREAM) BY-LAWS, 2009
IN EXERCISE of the powers conferred upon it by Section 201 of the Local Government Act, Cap 265, the Municipal Council of Mavoko hereby makes the following By-Laws:-
Citation. 1. These By-Laws may be cited as the Municipal Council of Mavoko (Sale of Ice -Cream ) By-Laws, 2009, and shall be read in conjunction with the Municipal of Mavoko (General Nuisance) By-Laws, 2009.
Interpretation 2. In these By-Laws, unless the context otherwise requires:-
“complete cold mix” means a product which is capable of manufacture into ice- cream with the addition of water only, is sent out by the manufacturer in air-tight containers, and has been made by evaporating a liquid mixture which has already been submitted to heat treatment comparable with that prescribed in these By-laws;
“council” means Municipal Council of Mavoko;
“ice-cream” includes water ices and any article, under whatever description it is sold, Which is co-similar to ice-cream as to constitute a substitute thereof,
“ingredients” includes sugar and dried eggs, but does not include harmless
colouring or flavouring materials or fruit, nuts, chocolate and other similar
harmless substances;
“Medical Officer of Health” means the Medical Officer of health of Municipal council of Mavoko for the time being and shall include his Deputy or the public officer of health.
“town clerk” means the person for the time being holding the office of Town clerk of the Municipal Council of Mavoko and includes his Deputy.
Ice cream 3. No person shall within the city sell or offer for the sale or cause to be sold or offered for sale ice-cream which does not comply with the following conditions;-
a) the ice-cream shall have been manufactured in accordance with the provision of these By-Laws of the Council in force from time to time relating to the manufacture of ice-cream;
b) the ice-cream shall be protected from dirt, dust or other contamination at all times during its storage, distribution and sale;
c) the ice-cream shall either;-
i) have been kept at a temperature not exceeding 28o F since it was frozen; or
ii) in the event of the temperature of the ice-cream rising above 28o F at any time since it was frozen then the ice-cream has to again be subjected to the treatment prescribed in paragraph (d), (e) and (f) below of this By-law and after having again been frozen shall be kept at a temperature not exceeding 28o F.
d) the ice-cream shall be of such quality that it shall fail to decolorize Methylene Blue at two hours when subjected to the following test, namely:-
2 ml. of the ice-cream shall be of such quality that it shall fail to decolorize Methylene Blue solution and 7 ml. of quarter strength Ringer Solution in a standard reductase tube. The tube shall then be incubated at 20o Centigrade (± ½o ) for seventeen hours followed immediately by incubation at 37o Centigrade (± ½o ). The tube shall then be inverted once every half hour until decolourisation is complete;
e) every such test shall be commenced within two hours after the collection of the sample;
f) every test shall be carried out by either the government Bacteriologist, the Medical Officer of Health or such other duly qualified person as may be authorized in writing so to do by the council.
Sale without 4. No person shall use any premises for the distribution and/or for the sale of ice-
permit cream unless he shall be in lawful possession of a permit issued by the council entitling him to use the premises for such purpose.
Fees 5. A fee as per gazetted council fees and charges shall be paid to the council for every permit issued under these By-laws.
Form of 6. Any person desiring to obtain a permit shall submit to the Town Clerk a
application written application in the form set out in the schedule hereto.
Duration of 7. Every permit shall expire on the 31st day of December following its issue.
permit
Transfer of 8. A permit shall not be transferable from the holder thereof to any other person
permit without the permission of the Town Clerk. No permit in any case can be transferable from the premises in respect of which it is granted to any other premises.
Inspection 9. (a) The Medical Officer of Health or a Public Health Officer may at any reasonable time enter upon and inspect any permitted premises and for the purpose of such inspection, the Medical Officer of Health or the Public Health officer may examine the water supply and any vessels or utensils which may be found on the premises and may on making reasonable payment therefore if demanded take samples of any ice-cream found upon the premises and may make such further inquiry that seems necessary to him.
b) Any person who willfully hinders, obstructs, resists or refuses to give information or gives false or misleading information to the Medical Officer of Health or Public Health Officer in the course of such inspection shall be guilty of an offence under these By-laws.
Cleanliness 10. Every permit holder shall:-
1) at all times maintain the permitted premises in a state of thorough cleanliness;
2) cause all vessels and utensils brought in contact with ice-cream during the storage, distribution or sale to be thoroughly cleaned and sterilized immediately after use and keep such vessels and utensils thoroughly clean at all times.
Restriction on 11. No permit holder shall cause or permit any person (whether himself or any
employment other) suffering from any infectious or contagious or venereal disease to be employed in or about the permitted premises or in distributing or selling ice-cream. Every permit holder shall inform the Medical Officer of Health without delay of the occurrence of any infectious or venereal disease in such premises and shall comply with any direction which the Medical Officer of Health may give for the purpose of such diseases.
Medical 12. The Medical Officer of Health may medically examine or cause to be
examination medically examined at any convenient place any person resident on or employed or engaged in or about any permitted premises for the purpose of ascertaining whether such person is suffering from any infectious or contagious or venereal disease. Any person who refuses to be examined by such Medical Officer shall be guilty of an offence under these By-laws.
Breach 13. The breach of these By-laws by any person employed upon the permitted premises shall be a breach by the permit holder of such premises.
Penalty 14. Any person who is guilty of an offence under any of these By-laws shall be liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding one month and in addition to a penalty of Kshs. 500 shillings a day for every day during which such breach shall continue after service of a notice by the Town Clerk calling upon him to comply with a provision of these By-laws.
Production 15. Every permit holder shall at all reasonable time produce his permit when so
of permit required to the Medical Officer of Health or Public Health Officer.
Made by Order of the Municipal Council of Mavoko this day of 2009
WISDOM K. MWAMBURI
TOWN CLERK
Approved this day of 2009.
HON. MUSALIA MUDAVADI
DEPUTY PRIME MINISTER & MINISTER FOR LOCAL GOVERNMENT