The Food (Northern Ireland) Order 1989

Prohibition on sale, etc., of food unfit for human consumption

10.—(1) Subject to the provisions of this Article, any person who—

(a) sells, or offers or exposes for sale, or has in his possession for the purpose of sale or of preparation for sale; or

(b) deposits with, or consigns to, any person for the purpose of sale or of preparation for sale;

any food intended for, but unfit for, human consumption shall be guilty of an offence.

(2) Subject to paragraph (3), where food in respect of which an offence under paragraph (1)(a) has been committed was sold to the offender by some other person, that person also shall be guilty of an offence.

(3) Where a person is charged with an offence under paragraph (1)(b) or under paragraph (2) it shall be a defence for him to prove—

(a) that he had no reason to suppose that the person, with whom he deposited, or to whom he consigned or sold, the food in question, intended the food for human consumption, and that he gave notice to that person that the food was unfit for such consumption; or

(b) that, at the time when he delivered or dispatched it to that person, it was fit for human consumption; or

(c) that, at that time he did not know, and could not with reasonable diligence have ascertained, that it was unfit for human consumption.