FEDERAL NEGARIT GAZETA OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 6th Year No. 28 Addis Ababa – 9th March, 2000
PROCLAMATION No. 200/2000 PUBLIC HEALTH PROCLAMATION
WHEREAS, the active participation of the society in the health sector has become necessary for the implementation of the country’s health policy;
WHEREAS, it is believed that the attitudinal change of the society through primary health care approach can solve most of the health problems of the country;
WHEREAS, the issuance of public health law is believed to be an important step for the promotion of the health of the society and for the creation of healthy environment for the future generation hereby enabling it assume its responsibility
NOW, THEREFORE, in accordance with Article 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:
PART ONE GENERAL
1. Short Title
This Proclamation may be cited as the “Public Health Proclamation No. 200/2000.”
Unless the context requires otherwise, in this Proclamation:
1. “Food quality” means a food that meets the biological, chemical and physical standards set nationally and internationally;
2. “Food” means any substance whether processed, semi-processed or raw which is intended for human consumption and includes drinks, chewing gum and any substance which has been used in the manufacture, preparation or treatment of food, but it does not include tobacco, cosmetics or substances used only as drugs;
3. “Public Health Authority” means the Ministry of Health, or the health Bureau of a Regional State or of a City accountable to the Federal Government;
4. “Food Additive” means any substance added to food to improve its taste, color, preservation or appearance and which is considered to become a component of food;
5. “Health” means not only the absence of diseases but also the complete physical, mental and social well being of an individual;
6. “Occupational Health Care” means a science devoted to the application of scientific, technological and managerial principles to protect and control workers’ health by preventing or reducing risks that may occur within working areas of relating to occupation due to chemical, physical or biological agents;
7. “Minister” or “Ministry” means the Minister or Ministry of Health, respectively;
8. “Suspected Person” means a person who is considered, by Health Authorities, as provided in this Proclamation, as having been exposed to infected by a disease and is capable of communicating it;
9. “Inspector” means any person qualified with relevant field of studies, and authorized, in writing by the Ministry or by Regional Health bureau to perform the activities specified in the proclamation;
10. “Building” means any kind of structure with wall and roof including any mobile structure made for shelter;
11. “Untreated liquid waste” means waste generated from industries, agricultural institutions, schools and commercial areas that undergo several changes due to biological and chemical reactions and which can affect the health of human beings, animals and plants when discharged, into water bodies, plans or soils, before treatment;
12. “Entrance or Exit port” means customs port or other places designated by the Minister for control of goods, transportations or person entering into or going out of the country;
13. “Person” means any physical or legal person.
PART TWO ADVISORY BOARD
3. Establishment of Advisory Board
There shall be established a Public Advisory Board (hereinafter called “the Board”) at the Federal and Regional level for the purpose of advising the appropriate health authority in the proper implementation of this Proclamation.
4. Powers and Duties of the Board
The Board shall have the following powers and duties:
1. To advise the Health Authority on health matters specified in this Proclamation;
2. To conduct studies and researches necessary for health activities and submit same to the public health authority.
3. To perform such other activities as may be assigned to it by the public health authority.
5. Meetings of the Board
1. The Board shall issue its own rules of procedure of meetings;
2. There shall be made by majority vote; in case of a tie, the chairperson shall have a casting vote.
3. Decisions shall be made by majority vote; in case of a tie, the chairperson shall have a casting vote.
4. The term of office of members of the Board shall be three years.
PART THREE INSPECTION
6. Appointment of Inspectors
The Public Health Authority shall appoint qualified and capable inspectors to implement the provisions of this Proclamation and other laws and directives related with public health.
7. Powers and Duties of the Inspector
The Inspector shall have the following powers and duties:
1. To enter and inspect any premise which he has sufficient reason to believe that there exists a situation endangering public health;
2. Any Inspector entering any premise shall;
a) Request a police support if he has reason to believe that there exists a situation obstructing the execution of his responsibility;
b) Present his identity card showing his authority;
3. To appropriate any article or material which is the result of any act committed contrary to law or used for the commission of the illegal act or has any connection with the commission of the illegal act;
4. To detain the articles or materials which he has appropriated in accordance with Sub-Article (3) of this Article and;
a) To conduct inspection on the articles or materials;
b) To make sure that the articles and materials will be used as evidence for the legal measures to be taken in accordance with this Proclamation or other appropriate provisions of other laws;
5. To order that any article, material or goods found its any premise he entered and which is under investigation shall be kept untouched, separately or together for a necessary period of time or that the premise or the building shall remain closed for a limited period of time;
6. To take measurements, photographs and made recordings necessary for investigation;
7. To take, where necessary, samples of articles, materials or goods from any premise or building, or any sample of air from within the premise or from the compound;
8. To cause the keeping separately of or the destruction of articles, materials or goods found in any premise or building where he or she has sufficient reason to believe that such goods are dangerous to health or that they cause or can cause another danger; the measure of separation, however, should not result in the damage of such goods;
9. To request any information from any person which he believes can give any information relevant for his investigation;
10. To cause the institution of prosecution by the authorized organ.
PART FOUR PUBLIC HEALTH
8. Food Quality Control
1. It is prohibited to prepare, import, distribute, or make available to consumers any food which is unhygienic, contaminated, unwholesome or mislabeled and does not meet the standards of food quality.
2. Any food intended for human consumption shall meet the standards of food quality and should be labeled and preserved in accordingly healthy manner.
3. Any person who products or distributes salt for human
4. Any person may not establish and use any laboratory for the follow-up and control of contamination of food, water, air and plants unless he is permitted and registered by the health authority and by the appropriate organ regarding the quality and standard of the instruments.
9. Food Standard Requirements
Any person reengaged in any activity of selling, producing for sale, storing, preparing or preserving of any food intended for human consumption shall meet the standards set by the Ministry.
10. Water Quality Control
1. It is prohibited to give water supply service from springs, wells or through pipes unless its quality is verified by the Health Authority.
2. It is prohibited to import, produce or distribute to the society bottled mineral water or plane water unless its quality is verified.
3. It is prohibited to discharge untreated liquid waste generated form septic tanks, seepage pits, and industries into water bodies, or water convergences.
11. Occupational Health Control and Use of Machinery
1. Any employer shall ensure the availability of occupational health services to his employees.
2. The use of any machinery or instrument which generates excessive noise is prohibited. Any person who uses such machinery or instrument shall install noise reducing apparatus or instrument.
12. Waste Handling and Disposal
1. Any person shall collect waste in a especially designated place and in a manner which does not affect the health of the society.
2. No person shall dispose solid, liquid or and other waste in a manner which contaminates the environment or affects the health of the society.
3. Any solid, liquid and other wastes generated from hospitals should be handled with special care and their disposal procedures should meet the standards set by the public health authorities.
13. Availability of Toilet Facilities
1. Any institution or organization providing public service has the obligation to organize clean, adequate and accessible toilet facilities for its customers.
2. Any city administration is responsible to provide public toilet and ensure its cleanliness.
14. Control of Bathing Places and Pools
1. No person shall provide a public bathing place or swimming pool service unless authorized by appropriate health authority.
2. Any person providing a public bathing or swimming pool may not allow his service to persons with physically visible skin disease or lessons.
3. No person shall provide a natural steam bathing hot spring service unless authorized by the appropriate health authority.
15. Disposal of Dead Bodies
1. It is prohibited to bury or burn a dead body or human remains in the places other than that are allowed for such burial or burning.
2. It is prohibited to exhume or expose in any want a dead body without authorization of the appropriate health authority.
16. Control at Entrance and Exit Ports
1. Any passenger coming to Ethiopia or leaving Ethiopian is obliged to take vaccination required for international passengers and to show his certificate whenever requested by the concerned health offices and, where suspected of any communicate disease, to cooperate for medical examination.
2. Any person coming from an epidemic area may not be allowed to enter Ethiopia unless he possesses a valid certificate.
3. Any port authority has the duty to report any suspected passenger of any communicable disease to the nearest health office.
4. It is prohibited to transport animals, without vaccination and valid certificate, together with passengers.
17. Communicable Diseases
1. Any person who happens to know the existence of communicable disease in his/her vicinity has the duty to report immediately to the nearest health service institution. The institution receiving the report has to take the necessary measures and report to the appropriate health authority.
2. Any suspected person of any communicate disease shall cooperate for medical examination or vaccination.
3. The Ministry shall have the power to restrict movements to certain countries, or to the areas where there is epidemic, or to close schools or recreational areas, or to remove workers places, and to take other similar measures whenever at epidemic occurs.
4. The prevention and control of communicable diseases shall be regulated by the regulations issued in accordance with this proclamation.
18. The Requirement of Health Permit and Registration Before Resumption and After Completion of Construction
1. Any person constructing buildings for public services has the obligation to get the necessary permit from and get registered by appropriate health authority beginning from planning to the completion of his construction in accordance with the regulations and directives issued pursuit to this Proclamation.
2. Any person constructing houses, production facilities, and public service enterprises, or institutions has the duty no include toilet facility.
PART FIVE MISCELLANEOUS PROVISIONS
19. Obligation to Corporate
Any person shall have the obligation to cooperate for the implementation of the provisions of this Proclamation.
Unless the Penal Code provides a more severe penalty:
1. Any person who violates Article 9 of this Proclamation shall be punishable with fine from Birr 2500 up to 5000.
2. Any person who disposes waste outside a garbage container in a manner that can cause the contamination of the environment or can create a health hazard, is punishable with simple imprisonment from three months to three years and with fine from Birr 1000 up to 9000.
3. Any person who violates Article 11Sub Articles (1) and (2) of this Proclamation shall be punishable with fine from Birr 1000 up to 9000 and with simple imprisonment from one month to one year.
4. Any person who violates Article 14 of this Proclamation shall be punishable with fine from Birr 1000 up to 5000 and with simple imprisonment from one month up to six months.
5. Any person who violates Article 16 of this proclamation shall be punishable with fine from Birr 500 up to 3000.
21. Repealed and Applicable Laws
1. The following laws are hereby repealed:
a) Public Health Proclamation No. 26/1942; and
b) Public Health Proclamation NO. 92/1947.
2. Regulations issued under proclamation NO. 26/1942 and Proclamation No. 91/1947 shall remain applicable as long as they are not inconsistent with this Proclamation.
22. Power to Issue Regulations
1. The Council of Ministers may issue regulations for the implementation of this Proclamation.
2. A Regional Administration or a City Administration which is accountable to the Federal State may issue laws for the implementation of this Proclamation.
23. Power to Issue Directives
The Public health Authority may issue directives for the implementation of the regulations issued under this Proclamation.
24. Effective Date
This Proclamation shall enter into force as of the 9th day of March, 2000.
Done at Addis Ababa this 9th day of March, 2000.
NEGASO GIDADA (DR.)
PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA