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The Food (Northern Ireland) Order 1989

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Power of Department to obtain particulars of ingredients

7.—(1) For the purpose of enabling the Department to exercise the functions conferred by Article 6, the Department may by order require every person who, at the date of the order or at any subsequent time, carries on a business which includes the production or use of substances of any class specified in the order to furnish to the Department, within such time as may be so specified, such particulars as may be so specified of the composition and use of any such substance sold in the course of that business for use in the preparation of food for human consumption or used for that purpose in the course of that business.

(2) Without prejudice to the generality of paragraph (1), an order made under that paragraph may require the following particulars to be furnished in respect of any substance—

(a)particulars of the composition and chemical formula of the substance;

(b)particulars of the manner in which the substance is used or proposed to be used in the preparation of food;

(c)particulars of any investigations or inquiries carried out by or to the knowledge of the person carrying on the business in question, for the purpose of determining whether and to what extent the substance, or any product formed when the substance is used as mentioned above, is injurious to, or in any other way affects, health;

(d)particulars of any investigations or inquiries carried out by or to the knowledge of the person carrying on the business in question for the purpose of determining the cumulative effect on the health of a person consuming such substance in ordinary quantities.

(3) Particulars furnished in accordance with an order under this Article, or information relating to any individual business obtained by means of such particulars, shall not, without the previous consent in writing of the person carrying on the business in question, be disclosed except—

(a)in accordance with directions of the Department, so far as may be necessary for the purposes of Article 6 or of any corresponding enactment for the time being in force in England and Wales or Scotland; or

(b)for the purposes of any prosecution for an offence under the order or of any report of such prosecution;

and no such disclosure shall be regarded as publication of the information.

(4) A person who discloses any particulars or information in contravention of paragraph (3) shall be guilty of an offence.

(5) An order made under this Article shall be subject to negative resolution.

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