PART III - WARRANTY AND PRE-MARKET APPROVAL PERMIT
20. Food requiring written warranty
The food in respect of which a manufacturer or dealer or distributor, is required to give a written
warranty or other written statement under Section 12 of the Food Act 1998 when selling such food
to a vendor shall be those specified in the Second Schedule.
21. Selling food not of the nature demanded
No person shall sell to the prejudice of a purchaser any food which is not of the nature or
substance or quality demanded by the purchaser.
22. Provision as to false and misleading advertisement
No person shall publish or shall be party to the publication of any advertisement which falsely
describes any food or which is likely to mislead as to the nature or substance or quality of the food
unless he proves that he did not know and could not with reasonable diligence have ascertained
that the publication was of such a character.
23. Application for pre-market approval of food, food container or food
(a) No person shall import or manufacture any food, pre-packed food, appliance or container or
contact material intended to be used for the preparation of any food, listed in the Third Schedule,
unless he has obtained a pre-market approval permit issued by the Permanent Secretary.
(b) An application for a pre-market approval permit shall be in the form specified in the Fourth
(c) A person who applies for a pre-market approval permit, shall upon request, furnish to the
Permanent Secretary any information or sample, as may be necessary, for investigations or
(d) Any person who has imported or manufactured any food or pre-packed food, appliance,
container or contact material listed in the Third Schedule before the commencement of
these regulations shall, after the commencement of these regulations, obtain the required
pre-market approval permit.
24. Criteria for granting a pre-market approval permit.
(1) The Permanent Secretary may, in deciding whether to grant or refuse an application for a
pre-market approval permit, consider among other factors whether the food, pre-packed
food, appliance, container or contact material, subject matter of the application is -
(a) violating any regulation made under the Food Act;
(b) restricted for sale in Mauritius;
(d) improperly labelled; or
(e) likely to be hazardous to public health.
(2) The Permanent Secretary may stipulate such conditions as he deems fit in a
pre-market approval permit.
25. Revocation of pre-market approval permit
The Permanent Secretary may revoke any pre-market approval permit if he is satisfied that -
(a) the product which is being imported or manufactured by the permit holder is not of the
same standard as the product in relation to which the pre-market approval permit was
(b) the holder of the permit has failed to comply with any conditions stipulated in the permit;
(c) the food, pre-packed food, appliance, container or contact material does not comply with
standards prescribed in the regulations made under the Food Act.