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The Food Safety(Northern Ireland) Order 1991

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Orders for facilitating the exercise of functions

24.—(1) For the purpose of facilitating the exercise of its functions, the Department concerned may by order require every person who at the date of the order, or at any subsequent time, carries on a business of a specified class or description (a “relevant business”)—

(a)to afford to persons specified in the order such facilities for the taking of samples of any food, substance or contact material to which paragraph (2) applies; or

(b)to furnish to persons so specified such information concerning any such food, substance or contact material,

as (in each case) is specified in the order and is reasonably required by such persons.

(2) This paragraph applies to—

(a)any food of a class specified in the order which is sold or intended to be sold in the course of a relevant business for human consumption;

(b)any substance of a class so specified which is sold in the course of such a business for use in the preparation of food for human consumption, or is used for that purpose in the course of such a business; and

(c)any contact material of a class so specified which is sold in the course of such a business and is intended to come into contact with food intended for human consumption.

(3) Information relating to any individual business which is obtained by means of an order under paragraph (1) shall not, without the previous consent in writing of the person carrying on the business, be disclosed except—

(a)in accordance with directions of the Department concerned, so far as may be necessary for the purposes of this Order or of any corresponding statutory provision in force in Great Britain, or for the purpose of complying with any Community obligation; or

(b)for the purposes of any proceedings for an offence against the order or any report of those proceedings;

and any person who discloses any such information in contravention of this paragraph shall be guilty of an offence.

(4) In paragraph (3) the reference to a disclosure being necessary for the purposes of this Order includes a reference to it being necessary—

(a)for the purpose of securing that food complies with food safety requirements or in the interests of the public health; or

(b)for the purpose of protecting or promoting the interests of consumers;

and the reference to a disclosure being necessary for the purposes of any corresponding statutory provision in force in Great Britain shall be construed accordingly.

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