Consumer Protection Act 1987

19 Interpretation of Part II. U.K.

(1) In this Part—

• “controlled drug” means a controlled drug within the meaning of the M1 Misuse of Drugs Act 1971;

• “feeding stuff” and “fertiliser” have the same meanings as in Part IV of the M2 Agriculture Act 1970;

• “food” does not include anything containing tobacco but, subject to that, has the same meaning as in the [F1 Food Safety Act 1990] or, in relation to Northern Ireland, the same meaning as in the [F2 Food Safety (Northern Ireland) Order 1991];

• “licensed medicinal product” means—

(a) any medicinal product within the meaning of the M3 Medicines Act 1968 in respect of which a product licence within the meaning of that Act is for the time being in force; F3 . . .

(b) any other article or substance in respect of which any such licence is for the time being in force in pursuance of an order under section 104 or 105 of that Act (application of Act to other articles and substances); [F4 or

(c) a veterinary medicinal product that has a marketing authorisation under the Veterinary Medicines Regulations 2006.]

• [F5 “medical device” has the same meaning as in Part 4 of the Medicines and Medical Devices Act 2021;]

• “safe”, in relation to any goods, means such that there is no risk, or no risk apart from one reduced to a minimum, that any of the following will (whether immediately or after a definite or indefinite period) cause the death of, or any personal injury to, any person whatsoever, that is to say—

(a) the goods;

(b) the keeping, use or consumption of the goods;

(c) the assembly of any of the goods which are, or are to be, supplied unassembled;

(d) any emission or leakage from the goods or, as a result of the keeping, use or consumption of the goods, from anything else; or

(e) reliance on the accuracy of any measurement, calculation or other reading made by or by means of the goods,

• and F6 . . . “unsafe” shall be construed accordingly;

• “tobacco” includes any tobacco product within the meaning of the M4 Tobacco Products Duty Act 1979 and any article or substance containing tobacco and intended for oral or nasal use.

(2) In the definition of “safe” in subsection (1) above, references to the keeping, use or consumption of any goods are references to—

(a) the keeping, use or consumption of the goods by the persons by whom, and in all or any of the ways or circumstances in which, they might reasonably be expected to be kept, used or consumed; and

(b) the keeping, use or consumption of the goods either alone or in conjunction with other goods in conjunction with which they might reasonably be expected to be kept, used or consumed.

Textual Amendments

F1 In s. 19(1) "Food Safety Act 1990" substituted (E.W.S.) for "Food Act 1984" by Food Safety Act 1990 (c. 16, SIF 53:1, 2), s. 59(1), Sch. 3 para. 37.

F2 Words in definition of "food" in s. 19(1) substituted (N.I.) (21. 5.1991) by S.I. 1991/762, art. 51(1), Sch. 2 para. 17; S.R. 1991/175, art. 2(1).

F3 Word in s. 19(1)(a) omitted (1.10.2006) by virtue of The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 44(3), Sch. 9 Pt. 1 para. 7(a)

F4 S. 19(1)(c) and word inserted (1.10.2006) by virtue of The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 44(3), Sch. 9 Pt. 1 para. 7(b)

F5 Words in s. 19(1) inserted (26.5.2021) by Medicines and Medical Devices Act 2021 (c. 3), ss. 41(1)(b), 50(3) (with s. 41(8)); S.I. 2021/610, reg. 2(c) (with reg. 3)

F6 Words in definition of "safe" in s. 19(1) omitted (1.10.2005) by virtue of The General Product Safety Regulations 2005 (S.I. 2005/1803), reg. 46(5) (with regs. 42, 43)

Modifications etc. (not altering text)

C1 Pt. II applied in part (with modifications) (20.5.2016) by The Tobacco and Related Products Regulations 2016 (S.I. 2016/507), regs. 1(2), 53(3)

C2 S. 19 modified (30.10.2005) by The Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005 (2005/2750), {reg. 10(7)} (with Sch. 6)

C3 S. 19 applied (with modifications) (1.1.1995) by 1994/3144, reg. 9(13) (as amended by S.I. 2005/2759, reg. 2(12))

C4 S. 19 applied (with modifications) (8.12.2016) by The Electromagnetic Compatibility Regulations 2016 (S.I. 2016/1091), reg. 1, Sch. 7 paras. 1, 2 (with regs. 74, 75(5))

C5 S. 19 applied (with modifications) (8.12.2016) by The Simple Pressure Vessels (Safety) Regulations 2016 (S.I. 2016/1092), reg. 1, Sch. 5 paras. 1(f), 2 (with reg. 3)

C6 S. 19 applied (with modifications) (8.12.2016) by The Electrical Equipment (Safety) Regulations 2016 (S.I. 2016/1101), reg. 1, Sch. 3 paras. 1, 2 (with reg. 3)

C7 S. 19 applied (with modifications) (8.12.2016) by The Pressure Equipment (Safety) Regulations 2016 (S.I. 2016/1105), reg. 1, Sch. 7 paras. 1(f), 2 (with reg. 88)

C8 S. 19 applied (with modifications) (3.8.2017) by The Recreational Craft Regulations 2017 (S.I. 2017/737), reg. 1, Sch. 13 paras. 1(f), 2 (with reg. 89)

C9 S. 19 applied (with modifications) (21.4.2018) by The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 (S.I. 2018/389), reg. 1(1), Sch. 1 (with reg. 2)

C10 S. 19 applied (with modifications) (21.4.2018) by The Personal Protective Equipment (Enforcement) Regulations 2018 (S.I. 2018/390), reg. 1(1), Sch. 1 (with reg. 2(1)-(3))

C11 S. 19 applied (16.7.2021) by The Market Surveillance (Northern Ireland) Regulations 2021 (S.I. 2021/858), reg. 1(1), Sch. 2 para. 1 (with reg. 3)

C12 S. 19(1) modified (14.8.2012) by The Human Medicines Regulations 2012 (S.I. 2012/1916), reg. 1(2), Sch. 34 para. 40 (with Sch. 32)

C13 S. 19: definition of "safe" applied (E.W.)(1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 74(8), 223(2)(savings in ss. 82(3), 186(1), 222(1), Sch. 13 paras. 1, 2 and Sch. 14 para. 6)

Marginal Citations

M1 1971 c. 38.

M2 1970 c. 40.

M3 1968 c. 67.

M4 1979 c. 7.