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Food Safety Act 1990

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Part IE+W+S+N.I. PRELIMINARY

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Modifications etc. (not altering text)

C1Pts. I-III (ss. 1-39) functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2

Pts. I-III (ss. 1-39): certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch. 2

C2Pts. I-III (ss. 1-39) applied (with modifications) (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2

1 Meaning of “food” and other basic expressions.E+W+S

(1)In this Act “food” includes—

(a)drink;

(b)articles and substances of no nutritional value which are used for human consumption;

(c)chewing gum and other products of a like nature and use; and

(d)articles and substances used as ingredients in the preparation of food or anything falling within this subsection.

(2)In this Act “food” does not include—

(a)live animals or birds, or live fish which are not used for human consumption while they are alive;

(b)fodder or feeding stuffs for animals, birds or fish;

(c)controlled drugs within the meaning of the M1Misuse of Drugs Act 1971; or

(d)subject to such exceptions as may be specified in an order made by [F1the Secretary of State]

(i)medicinal products within the meaning of the M2Medicines Act 1968 in respect of which product licences within the meaning of that Act are for the time being in force; or

(ii)other articles or substances in respect of which such licences are for the time being in force in pursuance of orders under section 104 or 105 of that Act (application of Act to other articles and substances).

(3)In this Act, unless the context otherwise requires—

  • business” includes the undertaking of a canteen, club, school, hospital or institution, whether carried on for profit or not, and any undertaking or activity carried on by a public or local authority;

  • commercial operation”, in relation to any food or contact material, means any of the following, namely—

(a)selling, possessing for sale and offering, exposing or advertising for sale;

(b)consigning, delivering or serving by way of sale;

(c)preparing for sale or presenting, labelling or wrapping for the purpose of sale;

(d)storing or transporting for the purpose of sale;

(e)importing and exporting;

and, in relation to any food source, means deriving food from it for the purpose of sale or for purposes connected with sale;

  • contact material” means any article or substance which is intended to come into contact with food;

  • food business” means any business in the course of which commercial operations with respect to food or food sources are carried out;

  • food premises” means any premises used for the purposes of a food business;

  • food source” means any growing crop or live animal, bird or fish from which food is intended to be derived (whether by harvesting, slaughtering, milking, collecting eggs or otherwise);

  • premises” includes any place, any vehicle, stall or moveable structure and, for such purposes as may be specified in an order made by [F1 the Secretary of State], any ship or aircraft of a description so specified.

(4)The reference in subsection (3) above to preparing for sale shall be construed, in relation to any contact material, as a reference to manufacturing or producing for the purpose of sale.

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Amendments (Textual)

F1Words in s. 1(2)(3) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 8 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

Modifications etc. (not altering text)

C3S. 1 applied (with modifications)(1.1.1995) by S.I. 1994/3144, reg. 9(14)

Marginal Citations

2 Extended meaning of “sale” etc.E+W+S

(1)For the purposes of this Act—

(a)the supply of food, otherwise than on sale, in the course of a business; and

(b)any other thing which is done with respect to food and is specified in an order made by [F2the Secretary of State],

shall be deemed to be a sale of the food, and references to purchasers and purchasing shall be construed accordingly.

(2)This Act shall apply—

(a)in relation to any food which is offered as a prize or reward or given away in connection with any entertainment to which the public are admitted, whether on payment of money or not, as if the food were, or had been, exposed for sale by each person concerned in the organisation of the entertainment;

(b)in relation to any food which, for the purpose of advertisement or in furtherance of any trade or business, is offered as a prize or reward or given away, as if the food were, or had been, exposed for sale by the person offering or giving away the food; and

(c)in relation to any food which is exposed or deposited in any premises for the purpose of being so offered or given away as mentioned in paragraph (a) or (b) above, as if the food were, or had been, exposed for sale by the occupier of the premises;

and in this subsection “entertainment” includes any social gathering, amusement, exhibition, performance, game, sport or trial of skill.

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Amendments (Textual)

F2Words in s. 2(1) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 8 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

Modifications etc. (not altering text)

C4S. 2 applied (9.4.1992) by S.I. 1992/496, reg. 7(1)(a)

S. 2 applied: (13.9.1992) by S.I. 1992/1971, reg. 9(a); (14.9.1992) by S.I. 1992/1978, reg. 7(a)

S. 2 applied: (14.7.1993) by S.I. 1993/1520, reg. 2(2)(a); (29.7.1993) by S.I. 1993/1658, reg. 7(a)

S. 2 applied (W.) (1.4.2001) by S.I. 2001/1360, reg. 7(1)(a)

S. 2 applied: (E.) (23.3.2002) by S.I. 2002/773, reg. 5(4) (which S.I. was revoked (13.9.2002) by S.I. 2002/2351, reg. 7); (E.) (23.3.2002) by S.I. 2002/774, reg. 5(4) (which S.I. was revoked (13.9.2002) by S.I. 2002/2350, reg. 7); (S.) (25.3.2002) by S.S.I. 2002/148, regs. 1(1), 5(4) (which S.S.I. was revoked (13.9.2002) by S.S.I. 2002/424, reg. 7); (S.) (25.3.2002) by S.S.I. 2002/149, regs. 1(1), 5(4) (which S.S.I. was revoked (13.9.2002) by S.S.I. 2002/425, reg. 7); (W.) (26.3.2002) by S.I. 2002/820, reg. 5(4) (which S.I. was revoked (9.9.2002) by S.I. 2002/2295, reg. 7); (W.) (26.3.2002) by S.I. 2002/821, reg. 5(4) (which S.I. was revoked (9.9.2002) by S.I. 2002/2296, reg. 7); (E.) (4.4.2002) by S.I. 2002/931, reg. 5(4); (W.) (16.4.2002) by S.I. 2002/1090, reg. 5(4); (E.) (20.6.2002) by S.I. 2002/1614, reg. 5(4); (S.) (24.6.2002) by S.S.I. 2002/300, reg. 5(4); (S.) (1.7.2002) by S.S.I. 2002/267, reg. 7(4); (W.) (12.7.2002) by S.I. 2002/1798, reg. 5(4); (W.) (2.8.2002) by S.I. 2002/1886, reg. 7(4)

C5S. 2 applied (with modifications) (5.11.1991) by S.I. 1991/2486, reg. 7(1)

S. 2 applied (with modifications): (1.7.1992) by S.I. 1992/1357, reg. 9; (31.12.1992) by S.I. 1992/3236, reg. 11(1)

S. 2 applied (with modifications): (1.4.1994) by S.I. 1994/743, reg. 8(1)(a); (2.9.1994) by S.I. 1994/2127, reg. 5

S. 2 applied (with modifications): (1.1.1995) by S.I. 1994/3082, reg. 21; (1.3.1995) by S.I. 1995/77, reg. 23; (1.4.1995) by S.I. 1995/539, reg. 22 and S.I. 1995/540, reg. 24; (9.5.1995) by S.I. 1995/1086, reg. 20(1)(a); (15.6.1995) by S.I. 1995/1372, reg. 20(1)(a); (10.7.1995) by S.I. 1995/1544, reg. 10; (15.9.1995) by S.I. 1995/1763, reg. 7(a); (15.9.1995) by S.I. 1995/2200, reg. 18; (20.9.1995) by S.I. 1995/2148, reg. 17 (1.1.1996) by S.I. 1995/3116, reg. 8; (1.1.1996) by S.I. 1995/3123, reg. 9(a); (1.1.1996) by S.I. 1995/3124, reg. 11(a); (1.1.1996) by S.I. 1995/3187, reg. 9; (1.1.1996) by S.I. 1995/3202, reg. 11; (1.1.1996) by S.I. 1995/3205, reg. 14; (1.1.1996) by S.I. 1995/3240, reg. 10(a) (which S.I. was revoked (1.7.1996) by S.I. 1996/1499, reg. 49, Sch. 9)

S. 2 applied (with modifications): (29.3.1996) by S.I. 1996/961, art. 4(a); (1.7.1996) by S.I. 1996/1499, reg. 48; (1.7.1996) by S.I. 1996/1502, reg. 6; (5.7.1996) by S.I. 1996/1743, reg. 5 (which S.I. was revoked (1.9.1996) by S.I. 1996/2097, reg. 8); (1.9.1996) by S.I. 1996/2097, reg. 6

S. 2 applied (with modifications): (16.6.1997) by S.I. 1997/1335, reg. 6; (30.6.1997) by S.I. 1995/1544, reg. 10(1) (as substituted (30.6.1997) by S.I. 1997/1414, reg. 3); (11.8.1997) by S.I. 1997/1729, reg. 34(1)(a); (17.11.1997) by S.I. 1997/2537, reg. 9; (31.3.1999) by: S.I. 1997/2042, reg. 9 and S.I. 1997/2182, reg. 9; (16.12.1997) by S.I. 1997/2959, reg. 11; (1.1.1998) by S.I. 1997/2965, reg. 30

S. 2 applied (with modifications): (19.2.1998) by S.I. 1998/141, reg. 10(a); (1.4.1998) by S.I. 1998/616, reg. 6(1)(a); (31.10.1998) by S.I. 1998/2424, reg. 8

S. 2 applied (with modifications): (S.) (1.10.1999) by S.S.I. 1999/34, reg. 8(1); (S.) (17.12.1999) by S.S.I. 1999/186, art. 9; (19.3.1999) by S.I. 1996/1499, reg. 48 (as substituted by S.I. 1999/747, reg. 11); (30.6.1999) by S.I. 1999/1540, reg. 19(1)(a); (1.10.1999) by S.I. 1999/2457, reg. 8(1)

S. 2 applied (with modifications): (E.) (10.4.2000) by S.I. 2000/768, reg. 10(1); (S.) (10.4.2000) by S.S.I. 2000/83, reg. 10(1); (E.) (1.11.2001) by S.I. 2000/845, reg. 7(a); (W.) (25.7.2000) by S.I. 2000/1925, art. 10(1); (W.) (1.11.2001) by S.I. 2000/1866, reg. 7(a); (S.) (1.11.2001) by S.S.I. 2000/130, reg. 7(a); (E.) (15.1.2001) by S.I. 2000/3323, reg. 10(a)

S. 2 applied (with modifications): (S.) (17.3.2001) by S.S.I. 2001/38, reg. 10; (W.) (1.5.2001) by S.I. 2001/1361, reg. 8(1); (W.) (1.5.2001) by S.I. 2001/1440, reg. 10(a)

S. 2 applied (with modifications): (S.) (8.3.2002) by S.S.I. 2002/50, reg. 6(a); (E.W.) (8.3.2002) by S.I. 2002/333, reg. 6(a); (E.) (4.4.2002) by S.I. 2002/931, reg. 5(1)(a); (S.) (4.4.2002) by S.S.I. 2002/179, reg. 6(1)(a); (W.) (16.4.2002) by S.I. 2002/1090, reg. 5(1)(a); (E.) (5.8.2002 for certain purposes and otherwise 1.4.2004) by S.I. 2002/1817, regs. 1(2)(3), 9(a); (S.) (23.9.2002 for certain purposes and otherwise 1.4.2004) by S.S.I. 2002/397, regs. 1(2)(3), 8(a); (W.) (31.12.2002 for certain purposes and otherwise 1.4.2004) by S.I. 2002/2939, regs. 1(2)(3), 9(a); (S.) (1.1.2003) by S.S.I. 2002/523, reg. 5(1)(a); (W.) (9.1.2003) by S.I. 2002/3157, reg. 5(1)(a); (E.) (13.1.2003) by S.I. 2002/3169, reg. 5(1)(a)

3 Presumptions that food intended for human consumption.E+W+S

(1)The following provisions shall apply for the purposes of this Act.

(2)Any food commonly used for human consumption shall, if sold or offered, exposed or kept for sale, be presumed, until the contrary is proved, to have been sold or, as the case may be, to have been or to be intended for sale for human consumption.

(3)The following, namely—

(a)any food commonly used for human consumption which is found on premises used for the preparation, storage, or sale of that food; and

(b)any article or substance commonly used in the manufacture of food for human consumption which is found on premises used for the preparation, storage or sale of that food,

shall be presumed, until the contrary is proved, to be intended for sale, or for manufacturing food for sale, for human consumption.

(4)Any article or substance capable of being used in the composition or preparation of any food commonly used for human consumption which is found on premises on which that food is prepared shall, until the contrary is proved, be presumed to be intended for such use.

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Modifications etc. (not altering text)

C6S. 3 extended (with modifications) (8.1.1992) by S.I. 1991/2843, reg. 22(1)(a)

C7S. 3 applied: (9.4.1992) by S.I. 1992/496, reg. 7(1)(b); (13.9.1992) by S.I. 1992/1971, reg. 9(b); (14.9.1992) by S.I. 1992/1978, reg. 7(b); (1.10.1992) by S.I. 1992/2037, reg. 23(a) (which S.I. was revoked (1.4.1995) by S.I. 1995/539, reg. 25, Sch. 22 (with regs. 3(2), 25, Sch. 22))

S. 3 applied: (14.7.1993) by S.I. 1993/1520, reg. 2(2)(b); (29.7.1993) by S.I. 1993/1658, reg. 7(b)

C8S. 3 applied (with modifications) (5.11.1991) by S.I. 1991/2486, reg. 7(1)

S. 3 applied (with modifications) (1.7.1992) by S.I. 1992/1357, reg. 9

S. 3 applied (with modifications): (1.1.1993 for certain purposes and 15.1.1993 otherwise) by S.I. 1992/3163, regs. 1, 18(1) (which S.I. was revoked (29.4.1998) by S.I. 1998/994, reg. 59(1), Sch. 5); (1.1.1993 for certain purposes and 15.1.1993 otherwise) by S.I. 1992/3164, regs. 1, 19(1) (which S.I. was revoked (29.4.1998) by S.I. 1998/994, reg. 59(1), Sch. 5); (31.12.1992) by S.I. 1992/3236, reg. 11(1)

S. 3 applied (with modifications) (1.4.1994) by S.I. 1994/743, reg. 8(1)(b); (1.5.1994) by S.I. 1994/1029, reg. 25(a) (which S.I. was revoked (1.4.1995) by S.I. 1995/540, reg. 26 (with reg. 3(5))); (2.9.1994) by S.I. 1994/2127, reg. 5

S. 3 applied (with modifications): (1.3.1995) by S.I. 1995/77, reg. 23; (1.4.1995): by S.I. 1995/539, reg. 22 and S.I. 1995/540, reg. 24; (1.4.1995) by S.I. 1995/614, reg. 11; (9.5.1995) by S.I. 1995/1086, reg. 20(1)(b); (15.6.1995) by S.I. 1995/1372, reg. 20(1)(b); (10.7.1995) by S.I. 1995/1544, reg. 10; (15.9.1995) by S.I. 1995/1763, reg. 7(b); (15.9.1995) by S.I. 1995/2200, reg. 18; (20.9.1995) by S.I. 1995/2148, reg. 17; (1.1.1996) by S.I. 1995/3116, reg. 8; (1.1.1996) by S.I. 1995/3123, reg. 9(b) and S.I. 1995/3124, reg. 11(b); (1.1.1996) by S.I. 1995/3187, reg. 9; (1.1.1996) by S.I. 1995/3202, reg. 11; (1.1.1996) by S.I. 1995/3205, reg. 14; (1.1.1996) by S.I. 1995/3240, reg. 10(b) (which S.I. was revoked (1.7.1996) by S.I. 1996/1499, reg. 49, Sch. 9)

S. 3 applied (with modifications): (29.3.1996) by S.I. 1996/961, art. 4(b); (1.7.1996): by S.I. 1996/1499, reg. 48 and S.I. 1996/1502, reg. 6; (5.7.1996) by S.I. 1996/1743, reg. 5 (which S.I. was revoked (1.9.1996) by S.I. 1996/2097, reg. 8); (1.9.1996) by S.I. 1996/2097, reg. 6

S. 3 applied (with modifications): (16.6.1997) by S.I. 1997/1335, reg. 6; (30.6.1997) by S.I. 1995/1544, reg. 10(1) (as substituted (30.6.1997) by S.I. 1997/1414, reg. 3); (18.7.1997) by S.I. 1997/1729, reg. 34(1); (17.11.1997) by S.I. 1997/2537, reg. 9; (31.3.1999): by S.I. 1997/2042, reg. 9 and S.I. 1997/2182, reg. 9; (16.12.1997) by S.I. 1997/2959, reg. 11; (1.1.1998) by S.I. 1997/2965, reg. 30

S. 3 applied (with modifications): (19.2.1998) by S.I. 1998/141, reg. 10(b); (29.4.1998) by S.I. 1998/994, reg. 55(1)(a); (31.10.1998) by S.I. 1998/2424, reg. 8(b)

S. 3 applied (with modifications): (1.10.1999) by S.S.I. 1999/34, reg. 8(1); (17.12.1999) by S.S.I. 1999/186 art. 9; (19.3.1999) by S.I. 1996/1499 reg. 48 (as substituted by 1999/747, reg. 11); (17.12.1999) by S.I. 1999/1540, reg. 19(1)(b); (1.10.1999) by S.I. 1999/2457, reg. 8(1)

S. 3 applied (with modifications): (E.) (10.4.2000) by S.I. 2000/768, reg. 10(1); (S.) (10.4.2000) by S.S.I. 2000/83, reg. 10(1); (W.) (25.7.2000) by S.I. 2000/1925, reg. 10(1); (E.) (15.1.2001) by S.I. 2000/3323, reg. 10(b); (W.) (1.11.2001) by S.I. 2000/1866, reg. 7(b); (S.) (1.11.2001) by S.S.I. 2000/130, reg. 7(b); (E.) (1.11.2001) by S.I. 2000/845, reg. 7(b)

S. 3 applied (with modifications): (S.) (17.3.2001) by S.S.I. 2001/38, reg. 10; (W.) (1.5.2001) by S.I. 2001/1361, reg. 8(1) and S.I. 2001/1440, reg. 10(b)

S. 3 applied (with modifications): (E.) (16.2.2002) by S.I. 2002/334, art. 5(1)(a); (S.) (16.2.2002) by S.S.I. 2002/64, art. 5(1)(a); (W.) (23.2.2002) by S.I. 2002/402, art. 5(1)(a); (E.W.) (8.3.2002) by S.I. 2002/333, reg. 6(b); (S.) (8.3.2002) by S.S.I. 2002/50, reg. 6(b); (E.) (18.6.2002) by S.I. 2002/890, reg. 7(1)(a); (S.) (1.7.2002) by S.S.I. 2002/267, reg. 7(1)(a); (W.) (2.8.2002) by S.I. 2002/1886, reg. 7(1)(a); (E.) (5.8.2002 for certain purposes and otherwise 1.4.2004) by S.I. 2002/1817, regs. 1(2)(3), 9(b); (S.) (23.9.2002 for certain purposes and otherwise 1.4.2004) by S.S.I. 2002/397, regs. 1(2)(3), 8(b); (W.) (31.12.2002 for certain purposes and otherwise 1.4.2004) by S.I. 2002/2939, regs. 1(2)(3), 9(b); (S.) (1.1.2003) by S.S.I. 2002/523, reg. 5(1)(b); (W.) (9.1.2003) by S.I. 2002/3157, reg. 5(1)(b); (E.) (13.1.2003) by S.I. 2002/3169, reg. 5(1)(b)

C9S. 3(4) applied (1.1.1993) by S.I. 1992/3145, reg. 11(2) (which S.I. was revoked (1.7.1998) by S.I. 1998/1376, reg. 14)

S. 3(4) applied (1.7.1998) by S.I. 1998/1376, reg. 12(2)

F34 Ministers having functions under Act.E+W+S

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Amendments (Textual)

F3S. 4 repealed (1.4.2000) by 1999 c. 28, s. 40(4), Sch. 6 (with s.38); S.I. 2000/1066, art. 2

5 Food authorities and authorised officers.E+W+S

(1)Subject to subsections (3) and (4) below, the food authorities in England F4. . . are—

(a)as respects each London borough, district or non-metropolitan county, the council of that borough, district or county;

(b)as respects the City of London (including the Temples), the Common Council;

(c)as respects the Inner Temple or the Middle Temple, the appropriate Treasurer.

[F5(d)as respects the Isles of Scilly, the council of the Isles of Scilly.]

[F6(1A)Subject to subsection (3)(a) and (b) below, the food authorities in Wales are, as respects each county or county borough, the council of that county or county borough.]

(2)Subject to subsection (3)(a) below, the food authorities in Scotland are the [F7councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

(3)Where any functions under this Act are assigned—

(a)by an order under section 2 or 7 of the M3Public Health (Control of Disease) Act 1984, to a port health authority or, by an order under section 172 of the M4Public Health (Scotland) Act 1897, to a port local authority;

(b)by an order under section 6 of the M5Public Health Act 1936, to a joint board for a united district; or

(c)by an order under paragraph 15(6) of Schedule 8 to the M6Local Government Act 1985, to a single authority for a metropolitan county,

any reference in this Act to a food authority shall be construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.

(4)[F8The Secretary of State]may by order provide, either generally or in relation to cases of a particular description, that any functions under this Act which are exercisable concurrently—

(a)as respects a non-metropolitan district, by the council of that district and the council of the non-metropolitan county;

(b)as respects the Inner Temple or the Middle Temple, by the appropriate Treasurer and the Common Council,

shall be exercisable solely by such one of those authorities as may be specified in the order.

(5)In this section—

  • the appropriate Treasurer” means the Sub-Treasurer in relation to the Inner Temple and the Under Treasurer in relation to the Middle Temple;

  • the Common Council” means the Common Council of the City of London;

  • port local authority” includes a joint port local authority.

(6)In this Act “authorised officer”, in relation to a food authority, means any person (whether or not an officer of the authority) who is authorised by them in writing, either generally or specially, to act in matters arising under this Act; but if regulations made by [F8the Secretary of State] so provide, no person shall be so authorised unless he has such qualifications as may be prescribed by the regulations.

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Amendments (Textual)

F5S. 5(1)(d) inserted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 9 (with ss. 38, 40(2); S.I. 2000/1066, art. 2

F8Words in s. 5(4)(6) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 8 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

Modifications etc. (not altering text)

C10S. 5(6) applied (9.5.1995) by S.I. 1995/1086, reg. 20(2)

C11S. 5(6) applied (15.6.1995) by S.I. 1995/1372, reg. 20(2)

Marginal Citations

6 Enforcement of Act.E+W+S

(1)In this Act “the enforcement authority”, in relation to any provisions of this Act or any regulations or orders made under it, means the authority by whom they are to be enforced and executed.

(2)Every food authority shall enforce and execute within their area the provisions of this Act with respect to which the duty is not imposed expressly or by necessary implication on some other authority.

(3) The [F9Secretary of State] may direct, in relation to cases of a particular description or a particular case, that any duty imposed on food authorities by subsection (2) above shall be discharged by [F10the Secretary of State F11...][F12or the Food Standards Agency] and not by those authorities.

(4)Regulations or orders under this Act shall specify which of the following authorities are to enforce and execute them, either generally or in relation to cases of a particular description or a particular area, namely—

(a)F13..., [F14F15... the Secretary of State], [F16the Food Standards Agency,] food authorities and such other authorities as are mentioned in section 5(3) above; and

(b)in the case of regulations, the Commissioners of Customs and Excise;

and any such regulations or orders may provide for the giving of assistance and information, by any authority concerned in the administration of the regulations or orders, or of any provisions of this Act, to any other authority so concerned, for the purposes of their respective duties under them.

(5)An enforcement authority in England and Wales may institute proceedings under any provisions of this Act or any regulations or orders made under it F17. . ..

[F18(5A)The Secretary of State may take over the conduct of any such proceedings which have been instituted by some other person.

(5B)The Secretary of State may direct the Food Standards Agency to take over the conduct of any such proceedings which have been instituted by some person other than the Agency.

(5C)The Food Standards Agency may take over the conduct of any such proceedings which have been instituted by some other person, but (unless the Agency has been directed to do so under subsection (5B) above) only with the consent of the person who instituted them.]

[F19(6)In this Act “authorised officer”, in relation to an enforcement authority, means any person (whether or not an officer of the authority) who is authorised by the authority in writing, either generally or specially, to act in matters arising under this Act and regulations and orders made under it; but if regulations made by [F20the Secretary of State]so provide, no person shall be so authorised unless he has such qualifications as may be prescribed by the regulations.]

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Amendments (Textual)

F14Words in s. 6(4)(a) substituted (3.1.1995) by 1994 c. 40, ss. 31, 82(2)(d), Sch. 9 para. 6

F20Words in s. 6(6) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 8 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

Modifications etc. (not altering text)

C13S. 6(3) applied (1.1.1993 for certain purposes and 15.1.1993 otherwise) by S.I. 1992/3164, regs. 1, 19(2) (which S.I. was revoked (29.4.1998) by S.I. 1998/994, reg. 59(1), Sch. 5)

S. 6(3) applied (1.1.1993 for certain purposes and 15.1.1993 otherwise) by S.I. 1992/3163, regs. 1, 18(2) (which S.I. was revoked (29.4.1998) by S.I. 1998/994, reg. 59(1), Sch. 5)

C14S. 6(3) applied (29.4.1998) by S.I. 1998/994, reg. 55(2)

Part IIE+W+S MAIN PROVISIONS

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Modifications etc. (not altering text)

C15Pts. I-III (ss. 1-39): functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2

Pts. I-III (ss. 1-39): certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch. 2

C16Pts. I-III (ss. 1-39) applied (with modifications) (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2

Food safetyE+W+S

7 Rendering food injurious to health.E+W+S

(1)Any person who renders any food injurious to health by means of any of the following operations, namely—

(a)adding any article or substance to the food;

(b)using any article or substance as an ingredient in the preparation of the food;

(c)abstracting any constituent from the food; and

(d)subjecting the food to any other process or treatment,

with intent that it shall be sold for human consumption, shall be guilty of an offence.

(2)In determining for the purposes of this section and section 8(2) below whether any food is injurious to health, regard shall be had—

(a)not only to the probable effect of that food on the health of a person consuming it; but

(b)also to the probable cumulative effect of food of substantially the same composition on the health of a person consuming it in ordinary quantities.

(3)In this Part “injury”, in relation to health, includes any impairment, whether permanent or temporary, and “injurious to health” shall be construed accordingly.

8 Selling food not complying with food safety requirements.E+W+S

(1)Any person who—

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

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

any food which fails to comply with food safety requirements shall be guilty of an offence.

(2)For the purposes of this Part food fails to comply with food safety requirements if—

(a)it has been rendered injurious to health by means of any of the operations mentioned in section 7(1) above;

(b)it is unfit for human consumption; or

(c)it is so contaminated (whether by extraneous matter or otherwise) that it would not be reasonable to expect it to be used for human consumption in that state;

and references to such requirements or to food complying with such requirements shall be construed accordingly.

(3)Where any food which fails to comply with food safety requirements is part of a batch, lot or consignment of food of the same class or description, it shall be presumed for the purposes of this section and section 9 below, until the contrary is proved, that all of the food in that batch, lot or consignment fails to comply with those requirements.

(4)For the purposes of this Part, any part of, or product derived wholly or partly from, an animal—

(a)which has been slaughtered in a knacker’s yard, or of which the carcase has been brought into a knacker’s yard; or

(b)in Scotland, which has been slaughtered otherwise than in a slaughterhouse,

shall be deemed to be unfit for human consumption.

(5)In subsection (4) above, in its application to Scotland, “animal” means any description of cattle, sheep, goat, swine, horse, ass or mule; and paragraph (b) of that subsection shall not apply where accident, illness or emergency affecting the animal in question required it to be slaughtered as mentioned in that paragraph.

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Modifications etc. (not altering text)

C17S. 8(2) applied (with modifications) (17.11.1997) by S.I. 1997/2537, reg. 9(2)

C18S. 8(3) applied: (9.4.1992) by S.I. 1992/496, reg. 7(2); (31.12.1992) by S.I. 1992/3236, reg. 11(2)

S. 8(3) applied (14.7.1993) by S.I. 1993/1520, reg. 2(3)

S. 8(3) applied (1.4.1994) by S.I. 1994/743, reg. 8(2)

S. 8(3) applied: (9.5.1995) by S.I. 1995/1086, reg. 20(3); (15.6.1995) by S.I. 1995/1372, reg. 20(3)

S. 8(3) applied: (S.) (1.1.2003) by S.S.I. 2002/523, reg. 5(2); (W.) (9.1.2003) by S.I. 2002/3157, reg. 5(2); (E.) (13.1.2003) by S.I. 2002/3169, reg. 5(2)

C19S. 8(3) applied (with modifications) (17.11.1997) by S.I. 1997/2537, reg. 9(3)

9 Inspection and seizure of suspected food.E+W+S

(1)An authorised officer of a food authority may at all reasonable times inspect any food intended for human consumption which—

(a)has been sold or is offered or exposed for sale; or

(b)is in the possession of, or has been deposited with or consigned to, any person for the purpose of sale or of preparation for sale;

and subsections (3) to (9) below shall apply where, on such an inspection, it appears to the authorised officer that any food fails to comply with food safety requirements.

(2)The following provisions shall also apply where, otherwise than on such an inspection, it appears to an authorised officer of a food authority that any food is likely to cause food poisoning or any disease communicable to human beings.

(3)The authorised officer may either—

(a)give notice to the person in charge of the food that, until the notice is withdrawn, the food or any specified portion of it—

(i)is not to be used for human consumption; and

(ii)either is not to be removed or is not to be removed except to some place specified in the notice; or

(b)seize the food and remove it in order to have it dealt with by a justice of the peace;

and any person who knowingly contravenes the requirements of a notice under paragraph (a) above shall be guilty of an offence.

(4)Where the authorised officer exercises the powers conferred by subsection (3)(a) above, he shall, as soon as is reasonably practicable and in any event within 21 days, determine whether or not he is satisfied that the food complies with food safety requirements and—

(a)if he is so satisfied, shall forthwith withdraw the notice;

(b)if he is not so satisfied, shall seize the food and remove it in order to have it dealt with by a justice of the peace.

(5)Where an authorised officer exercises the powers conferred by subsection (3)(b) or (4)(b) above, he shall inform the person in charge of the food of his intention to have it dealt with by a justice of the peace and—

(a)any person who under section 7 or 8 above might be liable to a prosecution in respect of the food shall, if he attends before the justice of the peace by whom the food falls to be dealt with, be entitled to be heard and to call witnesses; and

(b)that justice of the peace may, but need not, be a member of the court before which any person is charged with an offence under that section in relation to that food.

(6)If it appears to a justice of the peace, on the basis of such evidence as he considers appropriate in the circumstances, that any food falling to be dealt with by him under this section fails to comply with food safety requirements, he shall condemn the food and order—

(a)the food to be destroyed or to be so disposed of as to prevent it from being used for human consumption; and

(b)any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the owner of the food.

(7)If a notice under subsection (3)(a) above is withdrawn, or the justice of the peace by whom any food falls to be dealt with under this section refuses to condemn it, the food authority shall compensate the owner of the food for any depreciation in its value resulting from the action taken by the authorised officer.

(8)Any disputed question as to the right to or the amount of any compensation payable under subsection (7) above shall be determined by arbitration.

(9)In the application of this section to Scotland—

(a)any reference to a justice of the peace includes a reference to the sheriff and to a magistrate;

(b)paragraph (b) of subsection (5) above shall not apply;

(c)any order made under subsection (6) above shall be sufficient evidence in any proceedings under this Act of the failure of the food in question to comply with food safety requirements; and

(d)the reference in subsection (8) above to determination by arbitration shall be construed as a reference to determination by a single arbiter appointed, failing agreement between the parties, by the sheriff.

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Modifications etc. (not altering text)

C20S. 9 extended (with modifications) (8.1.1992) by S.I. 1991/2843, reg. 22(2)

C21S. 9 applied: (9.4.1992) by S.I. 1992/496, reg. 7(3); (31.12.1992) by S.I. 1992/3236, reg. 11(3)

S. 9 applied (14.7.1993) by S.I. 1993/1520, reg. 2(4)

S. 9 applied: (1.4.1994) by S.I. 1994/743, reg. 8(3); (3.10.1994) by S.I. 1994/2328, reg. 11(c)

S. 9 applied: (9.5.1995) by S.I. 1995/1086, reg. 20(4); (15.6.1995) by S.I. 1995/1372, reg. 20(4)

S. 9 applied: (S.) (1.1.2003) by S.S.I. 2002/523, reg. 5(3); (W.) (9.1.2003) by S.I. 2002/3157, reg. 5(3); (E.) (13.1.2003) by S.I. 2002/3169, reg. 5(3)

C22S. 9 applied (with modifications): (20.9.1995) by S.I. 1995/2148, reg. 17; (1.1.1996) by S.I. 1995/3205, reg. 14

S. 9 applied (with modifications): (5.7.1996) by S.I. 1996/1743, reg. 5 (which S.I. was revoked (1.9.1996) by S.I. 1996/2097, reg. 8); (1.9.1996) by S.I. 1996/2097, reg. 6

S. 9 applied (with modifications): (11.8.1997) by: S.I. 1997/1729, reg. 34(2); S.I. 1997/1729, reg. 34(3); (16.12.1997) by S.I. 1997/2959, reg. 11; (1.1.1998) by S.I. 1997/2965, reg. 30 (with reg. 32)

S. 9 applied (with modifications): (S.) (20.8.1999) by S.S.I. 1999/32, art. 5(1) and S.S.I. 1999/33, art. 5(1); (S.) (17.12.1999) by S.S.I. 1999/186, art. 9; (5.6.1999) by S.I. 1999/1542, art. 4(1) and S.I. 1999/1543, art. 4(1); (21.7.1999) by S.I. 1999/2025, art. 5(1) and S.I. 1999/2026, art. 5(1); (S.) (29.7.1999) by S.S.I. 1999/15, reg. 5; (18.8.1999) by S.I. 1999/2332, art. 5(1) and S.I. 1999/2333, art. 5(1); (12.10.1999) by S.I. 1999/2798, art. 5(1) and S.I. 1999/2799, art. 5(1); (23.12.1999) by S.I. 1999/3421, art. 5(1) and S.I. 1999/3422, art. 5(1)

S. 9 applied (with modifications): (S.) (17.2.2000) by S.S.I. 2000/15, art. 5(1) and S.S.I. 2000/16, art. 5(1); (E.W.) (8.3.2000) by S.I. 2000/587, art. 5(1) and S.I. 2000/588, art. 5(1)

S. 9 applied (with modifications): (E.) (2.2.2002) by S.I. 2002/183, reg. 6(2)(3) (which S.I. was revoked (20.6.2002) by S.I. 2002/1614, reg. 6); (W.) (2.2.2002) by S.I. 2002/203, reg. 6(2)(3) (which S.I. was revoked (12.7.2002) by S.I. 2002/1798, reg. 6); (S.) (2.2.2002) by S.S.I. 2002/36, reg. 6(2)(3) (which S.S.I. was revoked (24.6.2002) by S.S.I. 2002/300, reg. 6); (E.) (16.2.2002) by S.I. 2002/334, art. 5(2)(3); (S.) (16.2.2002) by S.S.I. 2002/64, art. 5(2)(3); (W.) (23.2.2002) by S.I. 2002/402, art. 5(2)(3); (E.) (23.3.2002) by S.I. 2002/773, reg. 5(2)(3) (which S.I. was revoked (13.9.2002) by S.I. 2002/2351, reg. 7); (E.) (23.3.2002) by S.I. 2002/774, reg. 5(2)(3) (which S.I. was revoked (13.9.2002) by S.I. 2002/2350, reg. 7); (S.) (25.3.2002 at 1700 hours) by S.S.I. 2002/148, regs. 1(1), 5(2)(3) (which S.S.I. was revoked by S.S.I. 2002/424, reg. 7); (S.) (25.3.2002 at 1700 hours) by S.S.I. 2002/149, regs. 1(1), 5(2)(3) (which S.S.I. was revoked by S.S.I. 2002/425, reg. 7); (W.) (26.3.2002) by S.I. 2002/820, reg. 5(2)(3) (which S.I. was revoked (9.9.2002) by S.I. 2002/2295, reg. 7); (W.) (26.3.2002) by S.I. 2002/821, reg. 5(2)(3) (which S.I. was revoked (9.9.2002) by S.I. 2002/2296, reg. 7); (E.) (4.4.2002) by S.I. 2002/931, reg. 5(2)(3); (W.) (16.4.2002) by S.I. 2002/1090, reg. 5(2)(3); (E.) (19.4.2002) by S.I. 2002/843, reg. 77(1)(a)(3); (W.) (27.5.2002) by S.I. 2002/1416, reg. 77(1)(a)(3); (E.) (18.6.2002) by S.I. 2002/890, reg. 7(2)-(4); (S.) (19.6.2002) by S.S.I. 2002/255, reg. 76(1)(a)(3); (E.) (20.6.2002) by S.I. 2002/1614, reg. 5(2)(3); (S.) (24.6.2002) by S.S.I. 2002/300, reg. 5(2)(3); (S.) (1.7.2002) by S.S.I. 2002/267, reg. 7(2)-(4); (W.) (12.7.2002) by S.I. 2002/1798, reg. 5(2)(3); (W.) (2.8.2002) by S.I. 2002/1886, reg. 7(2)-(4)

C23S. 9(2)-(9) applied (with modifications) (21.5.1998) by S.I. 1998/1277, art. 4(1)(a)(2)

10 Improvement notices.E+W+S

(1)If an authorised officer of an enforcement authority has reasonable grounds for believing that the proprietor of a food business is failing to comply with any regulations to which this section applies, he may, by a notice served on that proprietor (in this Act referred to as an “improvement notice”)—

(a)state the officer’s grounds for believing that the proprietor is failing to comply with the regulations;

(b)specify the matters which constitute the proprietor’s failure so to comply;

(c)specify the measures which, in the officer’s opinion, the proprietor must take in order to secure compliance; and

(d)require the proprietor to take those measures, or measures which are at least equivalent to them, within such period (not being less than 14 days) as may be specified in the notice.

(2)Any person who fails to comply with an improvement notice shall be guilty of an offence.

(3)This section and section 11 below apply to any regulations under this Part which make provision—

(a)for requiring, prohibiting or regulating the use of any process or treatment in the preparation of food; or

(b)for securing the observance of hygienic conditions and practices in connection with the carrying out of commercial operations with respect to food or food sources.

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Modifications etc. (not altering text)

C24S. 10 applied (3.10.1994) by S.I. 1994/2328, reg. 11(c)

11 Prohibition orders.E+W+S

(1)If—

(a)the proprietor of a food business is convicted of an offence under any regulations to which this section applies; and

(b)the court by or before which he is so convicted is satisfied that the health risk condition is fulfilled with respect to that business,

the court shall by an order impose the appropriate prohibition.

(2)The health risk condition is fulfilled with respect to any food business if any of the following involves risk of injury to health, namely—

(a)the use for the purposes of the business of any process or treatment;

(b)the construction of any premises used for the purposes of the business, or the use for those purposes of any equipment; and

(c)the state or condition of any premises or equipment used for the purposes of the business.

(3)The appropriate prohibition is—

(a)in a case falling within paragraph (a) of subsection (2) above, a prohibition on the use of the process or treatment for the purposes of the business;

(b)in a case falling within paragraph (b) of that subsection, a prohibition on the use of the premises or equipment for the purposes of the business or any other food business of the same class or description;

(c)in a case falling within paragraph (c) of that subsection, a prohibition on the use of the premises or equipment for the purposes of any food business.

(4)If—

(a)the proprietor of a food business is convicted of an offence under any regulations to which this section applies by virtue of section 10(3)(b) above; and

(b)the court by or before which he is so convicted thinks it proper to do so in all the circumstances of the case,

the court may, by an order, impose a prohibition on the proprietor participating in the management of any food business, or any food business of a class or description specified in the order.

(5)As soon as practicable after the making of an order under subsection (1) or (4) above (in this Act referred to as a “prohibition order”), the enforcement authority shall—

(a)serve a copy of the order on the proprietor of the business; and

(b)in the case of an order under subsection (1) above, affix a copy of the order in a conspicuous position on such premises used for the purposes of the business as they consider appropriate;

and any person who knowingly contravenes such an order shall be guilty of an offence.

(6)A prohibition order shall cease to have effect—

(a)in the case of an order under subsection (1) above, on the issue by the enforcement authority of a certificate to the effect that they are satisfied that the proprietor has taken sufficient measures to secure that the health risk condition is no longer fulfilled with respect to the business;

(b)in the case of an order under subsection (4) above, on the giving by the court of a direction to that effect.

(7)The enforcement authority shall issue a certificate under paragraph (a) of subsection (6) above within three days of their being satisfied as mentioned in that paragraph; and on an application by the proprietor for such a certificate, the authority shall—

(a)determine, as soon as is reasonably practicable and in any event within 14 days, whether or not they are so satisfied; and

(b)if they determine that they are not so satisfied, give notice to the proprietor of the reasons for that determination.

(8)The court shall give a direction under subsection (6)(b) above if, on an application by the proprietor, the court thinks it proper to do so having regard to all the circumstances of the case, including in particular the conduct of the proprietor since the making of the order; but no such application shall be entertained if it is made—

(a)within six months after the making of the prohibition order; or

(b)within three months after the making by the proprietor of a previous application for such a direction.

(9)Where a magistrates’ court or, in Scotland, the sheriff makes an order under section 12(2) below with respect to any food business, subsection (1) above shall apply as if the proprietor of the business had been convicted by the court or sheriff of an offence under regulations to which this section applies.

(10)Subsection (4) above shall apply in relation to a manager of a food business as it applies in relation to the proprietor of such a business; and any reference in subsection (5) or (8) above to the proprietor of the business, or to the proprietor, shall be construed accordingly.

(11)In subsection (10) above “manager”, in relation to a food business, means any person who is entrusted by the proprietor with the day to day running of the business, or any part of the business.

12 Emergency prohibition notices and orders.E+W+S

(1)If an authorised officer of an enforcement authority is satisfied that the health risk condition is fulfilled with respect to any food business, he may, by a notice served on the proprietor of the business (in this Act referred to as an “emergency prohibition notice”), impose the appropriate prohibition.

(2)If a magistrates’ court or, in Scotland, the sheriff is satisfied, on the application of such an officer, that the health risk condition is fulfilled with respect to any food business, the court or sheriff shall, by an order (in this Act referred to as an “emergency prohibition order”), impose the appropriate prohibition.

(3)Such an officer shall not apply for an emergency prohibition order unless, at least one day before the date of the application, he has served notice on the proprietor of the business of his intention to apply for the order.

(4)Subsections (2) and (3) of section 11 above shall apply for the purposes of this section as they apply for the purposes of that section, but as if the reference in subsection (2) to risk of injury to health were a reference to imminent risk of such injury.

(5)As soon as practicable after the service of an emergency prohibition notice, the enforcement authority shall affix a copy of the notice in a conspicuous position on such premises used for the purposes of the business as they consider appropriate; and any person who knowingly contravenes such a notice shall be guilty of an offence.

(6)As soon as practicable after the making of an emergency prohibition order, the enforcement authority shall—

(a)serve a copy of the order on the proprietor of the business; and

(b)affix a copy of the order in a conspicuous position on such premises used for the purposes of that business as they consider appropriate;

and any person who knowingly contravenes such an order shall be guilty of an offence.

(7)An emergency prohibition notice shall cease to have effect—

(a)if no application for an emergency prohibition order is made within the period of three days beginning with the service of the notice, at the end of that period;

(b)if such an application is so made, on the determination or abandonment of the application.

(8)An emergency prohibition notice or emergency prohibition order shall cease to have effect on the issue by the enforcement authority of a certificate to the effect that they are satisfied that the proprietor has taken sufficient measures to secure that the health risk condition is no longer fulfilled with respect to the business.

(9)The enforcement authority shall issue a certificate under subsection (8) above within three days of their being satisfied as mentioned in that subsection; and on an application by the proprietor for such a certificate, the authority shall—

(a)determine, as soon as is reasonably practicable and in any event within 14 days, whether or not they are so satisfied; and

(b)if they determine that they are not so satisfied, give notice to the proprietor of the reasons for that determination.

(10)Where an emergency prohibition notice is served on the proprietor of a business, the enforcement authority shall compensate him in respect of any loss suffered by reason of his complying with the notice unless—

(a)an application for an emergency prohibition order is made within the period of three days beginning with the service of the notice; and

(b)the court declares itself satisfied, on the hearing of the application, that the health risk condition was fulfilled with respect to the business at the time when the notice was served;

and any disputed question as to the right to or the amount of any compensation payable under this subsection shall be determined by arbitration or, in Scotland, by a single arbiter appointed, failing agreement between the parties, by the sheriff.

13 Emergency control orders.E+W+S

(1)If it appears to [F21the Secretary of State] that the carrying out of commercial operations with respect to food, food sources or contact materials of any class or description involves or may involve imminent risk of injury to health, he may, by an order (in this Act referred to as an “emergency control order”), prohibit the carrying out of such operations with respect to food, food sources or contact materials of that class or description.

(2)Any person who knowingly contravenes an emergency control order shall be guilty of an offence.

(3)[F22The Secretary of State][F23or the Food Standards Agency]may consent, either unconditionally or subject to any condition that [F24the authority giving the consent] considers appropriate, to the doing in a particular case of anything prohibited by an emergency control order.

(4)It shall be a defence for a person charged with an offence under subsection (2) above to show—

(a)that consent had been given under subsection (3) above to the contravention of the emergency control order; and

(b)that any condition subject to which that consent was given was complied with.

(5)[F25The Secretary of State][F26or the Food Standards Agency]

(a)may give such directions as appear to [F27the authority giving the directions] to be necessary or expedient for the purpose of preventing the carrying out of commercial operations with respect to any food, food sources or contact materials which [F27the authority giving the directions]believes, on reasonable grounds, to be food, food sources or contact materials to which an emergency control order applies; and

(b)may do anything which appears to [F27the authority giving the directions] to be necessary or expedient for that purpose.

(6)Any person who fails to comply with a direction under this section shall be guilty of an offence.

(7)If [F28the Secretary of State][F29or the Food Standards Agency]does anything by virtue of this section in consequence of any person failing to comply with an emergency control order or a direction under this section, [F30that authority] may recover from that person any expenses reasonably incurred by him under this section.

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Amendments (Textual)

F21Words in s. 13(1) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 8 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F22Words in s. 13(3) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 11(1)(2) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F24Words in s. 13(3) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 11(1)(2) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F25Words in s. 13(5) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 11(1)(3) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F27Words in s. 13(5) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 11(1)(3) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F28Words in s. 13(7) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 11(1)(4) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F30Words in s. 13(7) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 11(1)(4) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

Modifications etc. (not altering text)

C25S. 13(1) amended (1.4.2000) by 1999 c. 28, s. 17(1)(b) (with s. 38); S.I. 2000/1066, art. 2

Consumer protectionE+W+S

14 Selling food not of the nature or substance or quality demanded.E+W+S

(1)Any person who sells to the purchaser’s prejudice any food which is not of the nature or substance or quality demanded by the purchaser shall be guilty of an offence.

(2)In subsection (1) above the reference to sale shall be construed as a reference to sale for human consumption; and in proceedings under that subsection it shall not be a defence that the purchaser was not prejudiced because he bought for analysis or examination.

15 Falsely describing or presenting food.E+W+S

(1)Any person who gives with any food sold by him, or displays with any food offered or exposed by him for sale or in his possession for the purpose of sale, a label, whether or not attached to or printed on the wrapper or container, which—

(a)falsely describes the food; or

(b)is likely to mislead as to the nature or substance or quality of the food,

shall be guilty of an offence.

(2)Any person who publishes, or is a party to the publication of, an advertisement (not being such a label given or displayed by him as mentioned in subsection (1) above) which—

(a)falsely describes any food; or

(b)is likely to mislead as to the nature or substance or quality of any food,

shall be guilty of an offence.

(3)Any person who sells, or offers or exposes for sale, or has in his possession for the purpose of sale, any food the presentation of which is likely to mislead as to the nature or substance or quality of the food shall be guilty of an offence.

(4)In proceedings for an offence under subsection (1) or (2) above, the fact that a label or advertisement in respect of which the offence is alleged to have been committed contained an accurate statement of the composition of the food shall not preclude the court from finding that the offence was committed.

(5)In this section references to sale shall be construed as references to sale for human consumption.

RegulationsE+W+S

16 Food safety and consumer protection.E+W+S

(1)[F31the Secretary of State] may by regulations make—

(a)provision for requiring, prohibiting or regulating the presence in food or food sources of any specified substance, or any substance of any specified class, and generally for regulating the composition of food;

(b)provision for securing that food is fit for human consumption and meets such microbiological standards (whether going to the fitness of the food or otherwise) as may be specified by or under the regulations;

(c)provision for requiring, prohibiting or regulating the use of any process or treatment in the preparation of food;

(d)provision for securing the observance of hygienic conditions and practices in connection with the carrying out of commercial operations with respect to food or food sources;

(e)provision for imposing requirements or prohibitions as to, or otherwise regulating, the labelling, marking, presenting or advertising of food, and the descriptions which may be applied to food; and

(f)such other provision with respect to food or food sources, including in particular provision for prohibiting or regulating the carrying out of commercial operations with respect to food or food sources, as appears to them to be necessary or expedient—

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

(ii)for the purpose of protecting or promoting the interests of consumers.

(2)[F31the Secretary of State] may also by regulations make provision—

(a)for securing the observance of hygienic conditions and practices in connection with the carrying out of commercial operations with respect to contact materials which are intended to come into contact with food intended for human consumption;

(b)for imposing requirements or prohibitions as to, or otherwise regulating, the labelling, marking or advertising of such materials, and the descriptions which may be applied to them; and

(c)otherwise for prohibiting or regulating the carrying out of commercial operations with respect to such materials.

(3)Without prejudice to the generality of subsection (1) above, regulations under that subsection may make any such provision as is mentioned in Schedule 1 to this Act.

(4)In making regulations under subsection (1) above, [F31the Secretary of State] shall have regard to the desirability of restricting, so far as practicable, the use of substances of no nutritional value as foods or as ingredients of foods.

(5)In subsection (1) above and Schedule 1 to this Act, unless the context otherwise requires—

(a)references to food shall be construed as references to food intended for sale for human consumption; and

(b)references to food sources shall be construed as references to food sources from which such food is intended to be derived.

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Amendments (Textual)

F31Words in s. 16(1)(2)(4) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 8 (with s. 38, 40(2)); S.I. 2000/1066, art. 2

17 Enforcement of Community provisions.E+W+S

(1)[F32the Secretary of State] may by regulations make such provision with respect to food, food sources or contact materials, including in particular provision for prohibiting or regulating the carrying out of commercial operations with respect to food, food sources or contact materials, as appears to [F33him ]to be called for by any Community obligation.

(2)As respects any directly applicable Community provision which relates to food, food sources or contact materials and for which, in [F33his] opinion, it is appropriate to provide under this Act, [F32the Secretary of State] may by regulations—

(a)make such provision as [F33he considers] necessary or expedient for the purpose of securing that the Community provision is administered, executed and enforced under this Act; and

(b)apply such of the provisions of this Act as may be specified in the regulations in relation to the Community provision with such modifications, if any, as may be so specified.

(3)In subsections (1) and (2) above references to food or food sources shall be construed in accordance with section 16(5) above.

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Amendments (Textual)

F32Words in s. 17(1)(2) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 8 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F33Words in s. 17(1)(2) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 12 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

18 Special provisions for particular foods etc.E+W+S

(1)[F34the Secretary of State] may by regulations make provision—

(a)for prohibiting the carrying out of commercial operations with respect to novel foods, or food sources from which such foods are intended to be derived, of any class specified in the regulations;

(b)for prohibiting the carrying out of such operations with respect to genetically modified food sources, or foods derived from such food sources, of any class so specified; or

(c)for prohibiting the importation of any food of a class so specified,

and (in each case) for excluding from the prohibition any food or food source which is of a description specified by or under the regulations and, in the case of a prohibition on importation, is imported at an authorised place of entry.

(2)[F35The Secretary of State] may also by regulations—

(a)prescribe, in relation to milk of any description, such a designation (in this subsection referred to as a “special designation”) as [the Secretary of State considers] appropriate;

(b)provide for the issue by enforcement authorities of licences to producers and sellers of milk authorising the use of a special designation; and

(c)prohibit, without the use of a special designation, all sales of milk for human consumption, other than sales made with [the Secretary of State’s].

(3)In this section—

  • authorised place of entry” means any port, aerodrome or other place of entry authorised by or under the regulations and, in relation to food in a particular consignment, includes any place of entry so authorised for the importation of that consignment;

  • description”, in relation to food, includes any description of its origin or of the manner in which it is packed;

  • novel food” means any food which has not previously been used for human consumption in Great Britain, or has been so used only to a very limited extent.

(4)For the purposes of this section a food source is genetically modified if any of the genes or other genetic material in the food source—

(a)has been modified by means of an artificial technique; or

(b)is inherited or otherwise derived, through any number of replications, from genetic material which was so modified;

and in this subsection “artificial technique” does not include any technique which involves no more than, or no more than the assistance of, naturally occurring processes of reproduction (including selective breeding techniques or in vitro fertilisation).

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Amendments (Textual)

F34Words in s. 18(1) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 8 (with s. 38, 40(2)); S.I. 2000/1066, art. 2

F35Words in s. 18(2) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 12 (with s. 38, 40(2)); S.I. 2000/1066, art. 2

19 Registration and licensing of food premises.E+W+S

(1)[F36the Secretary of State] may by regulations make provision—

(a)for the registration by enforcement authorities of premises used or proposed to be used for the purposes of a food business, and for prohibiting the use for those purposes of any premises which are not registered in accordance with the regulations; or

(b)subject to subsection (2) below, for the issue by such authorities of licences in respect of the use of premises for the purposes of a food business, and for prohibiting the use for those purposes of any premises except in accordance with a licence issued under the regulations.

(2)[F36the Secretary of State] shall exercise the power conferred by subsection (1)(b) above only where it appears to [F37him] to be necessary or expedient to do so—

(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.

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Amendments (Textual)

F36Words s. 19(1)(2) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 8 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F37Words in s. 19(2) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 14 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

Modifications etc. (not altering text)

C27S. 19: functions of local authority not to be responsibilty of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Defences etc.E+W+S

20 Offences due to fault of another person.E+W+S

Where the commission by any person of an offence under any of the preceding provisions of this Part is due to an act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this section whether or not proceedings are taken against the first-mentioned person.

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Modifications etc. (not altering text)

C28S. 20 applied by S.I. 1991/370, reg. 3(2)

S. 20 applied: (9.4.1992) by S.I. 1992/496, reg. 7(1)(c); (29.5.1992) by S.I. 1992/1122, reg.4 (which S.I. was revoked (24.7.1992) by S.I. 1992/1601, reg. 6); (24.7.1992) by S.I. 1992/1601, reg. 4; (13.9.1992) by S.I. 1992/1971, reg. 9(c); (14.9.1992) by S.I. 1992/1978, reg. 7(c); (1.10.1992) by S.I. 1992/2037, reg. 23(b) (which S.I. was revoked (1.4.1995) by S.I. 1995/539, reg. 25, Sch. 22 (with regs. 3(2), 25, Sch. 22))

S. 20 applied: (14.7.1993) by S.I. 1993/1520, reg. 2(2)(c); (29.7.1993) by S.I. 1993/1658, reg. 7(c)

S. 20 applied (4.9.1996) by S.I. 1996/2265, reg. 7(3) (which S.I. was revoked (15.3.1997) by S.I. 1997/389, reg. 14)

S. 20 applied (15.3.1997) by S.I. 1997/389, reg. 10(3) (which S.I. was revoked (1.8.1997 at 6.00 p.m.) by S.I. 1997/1905, reg. 20); (11.8.1997) by S.I. 1997/1729, reg. 34(1)(c); (1.8.1997 at 6.00 p.m.) by S.I. 1997/1905, reg. 16(3)

S. 20 applied (30.6.1999) by S.I. 1999/ 1513, reg. 6(2)(a)

S. 20 applied (W.) (1.4.2001) by S.I. 2001/1360, reg. 7(1)(b)

C29S. 20 applied (with modifications) (5.11.1991) by S.I. 1991/2486, reg. 7(1)

S. 20 applied (with modifications): (1.1.1993 for certain purposes and 15.1.1993 otherwise) by S.I. 1992/3163, regs. 1, 18(1) (which S.I. was revoked (29.4.1998) by S.I. 1998/994, reg. 59(1), Sch. 5); (1.1.1993 for certain purposes and 15.1.1993 otherwise) by S.I. 1992/3164, regs. 1, 19(1) (which S.I. was revoked (29.4.1998) by S.I. 1998/994, reg. 59(1), Sch. 5); (18.12.1992 for certain purposes and 1.1.1993 otherwise) by S.I. 1992/3165, regs. 1, 7(2) (which S.I. was revoked (29.4.1998) by S.I. 1998/994, reg. 59(1), Sch. 5); (31.12.1992) by S.I. 1992/3236, reg. 11(1)

S. 20 applied (with modifications): (1.4.1994) by S.I. 1994/743, reg. 8(1)(c); (1.5.1994) by S.I. 1994/1029, reg. 25(b) (which S.I. was revoked (1.4.1995) by S.I. 1995/540, reg. 26 (with reg. 3(5))); (2.9.1994) by S.I. 1994/2127, reg. 5; (1.1.1995) by S.I. 1994/3082, reg. 21

S. 20 applied (with modifications): (1.3.1995) by S.I. 1995/77, reg. 23; (1.4.1995) by S.I. 1995/539, reg. 22; (1.4.1995) by S.I. 1995/540, reg. 24; (1.4.1995) by S.I. 1995/614, reg. 11; (9.5.1995) by S.I. 1995/1086, reg. 20(1)(c); (15.6.1995) by S.I. 1995/1372, reg. 20(1)(c); (10.7.1995) by S.I. 1995/1544, reg. 10; (15.9.1995) by S.I. 1995/1763, reg. 7(c); (15.9.1995) by S.I. 1995/2200, reg. 18; (20.9.1995) by S.I. 1995/2148, reg. 17; (1.1.1996) by: S.I. 1995/3116, reg. 8; S.I. 1995/3123, reg. 9(c); S.I. 1995/3124, reg. 11(c); S.I. 1995/3240, reg. 10(c) (which S.I. was revoked (1.7.1996) by S.I. 1996/1499, reg. 49, Sch. 9); (1.1.1996) by S.I. 1995/3187, reg. 9; (1.1.1996) by S.I. 1995/3202, reg. 11; (1.1.1996) by S.I. 1995/3205, reg. 14

S. 20 applied (with modifications): (29.3.1996) by S.I. 1996/961, art. 4(c); (1.7.1996) by S.I. 1996/1499, reg. 48; (1.7.1996) by S.I. 1996/1502, reg. 6

S. 20 applied (with modifications): (16.6.1997) by S.I. 1997/1335, reg. 6; (30.6.1997) by S.I. 1995/1544, reg. 10(1) (as substituted (30.6.1997) by S.I. 1997/1414, reg. 3); (4.7.1997) by S.I. 1997/1499, reg. 6(1) (which S.I. was revoked (18.6.2002 (E.), 1.7.2002 (S.), 2.8.2002 (W.)) by S.I. 2002/890, reg. 11, Sch.; S.S.I. 2002/267, reg. 11, Sch.; S.I. 2002/1886, reg. 11, Sch.); (17.11.1997) by S.I. 1997/2537, reg. 9; (16.12.1997) by S.I. 1997/2959, reg. 11; (1.1.1998) by S.I. 1997/2965, reg. 30 (with reg. 32); (31.3.1999) by S.I. 1997/2042, reg. 9; (31.3.1999) by S.I. 1997/2182, reg. 9

S. 20 applied (with modifications): (19.2.1998) by S.I. 1998/141, reg. 10(c); (1.4.1998) by S.I. 1998/616, reg. 6(1)(c); (29.4.1998) by S.I. 1998/994, reg. 55(1)(b); (31.10.1998) by S.I. 1998/2424, reg. 8(c)

S. 20 applied (with modifications): (S.) (1.10.1999) by S.S.I. 1999/34, reg. 8(1); (S.) (17.2.1999) by S.S.I. 1999/186, art. 9; (19.3.1999) by S.I. 1996/1499 reg. 48 (as substituted by S.I. 1999/747, reg. 11); (30.6.1999) by S.I. 1999/1540, reg. 19(1)(c); (1.10.1999) by S.I. 1999/2457, reg. 8(1)

S. 20 applied (with modifications): (E.) (10.4.2000) by S.I. 2000/768, reg. 10(1); (S.) (10.4.2000) by S.S.I. 2000/83, reg. 10(1); (W.) (25.7.2000) by S.I. 2000/1925, reg. 10(1); (E.) (15.1.2001) by S.I. 2000/3323, reg. 10(c)

S. 20 applied (with modifications): (W.) (1.11.2001) by S.I. 2000/1866, reg. 7(c); (S.) (1.11.2001) by S.S.I. 2000/130, reg. 7(c); (E.) (1.11.2001) by S.I. 2000/845, reg. 7(c)

S. 20 applied (with modifications): (S.) (17.3.2001) by S.S.I. 2001/38, reg. 10; (W.) (1.5.2001) by S.I. 2001/1361, reg. 8(1); (W.) (1.5.2001) by S.I. 2001/1440, reg. 10(c)

S. 20 applied (with modifications): (E.) (2.2.2002) by S.I. 2002/183, reg. 6(1) (which S.I. was revoked (20.6.2002) by S.I. 2002/1614, reg. 6); (W.) (2.2.2002) by S.I. 2002/203, reg. 6(1) (which S.I. was revoked (12.7.2002) by S.I. 2002/1798, reg. 6); (S.) (2.2.2002) by S.S.I. 2002/36, reg. 6(1) (which S.S.I. was revoked (24.6.2002) by S.S.I. 2002/300, reg. 6); (E.) (16.2.2002) by S.I. 2002/334, art. 5(1)(b); (S.) (16.2.2002) by S.S.I. 2002/64, art. 5(1)(b); (W.) (23.2.2002) by S.I. 2002/402, art. 5(1)(b); (E.W.) (8.3.2002) by S.I. 2002/333, reg. 6(c); (S.) (8.3.2002) by S.S.I. 2002/50, reg. 6(c); (E.) (23.3.2002) by S.I. 2002/773, reg. 5(1)(a) (which S.I. was revoked (13.9.2002) by S.I. 2002/2351, reg. 7); (E.) (23.3.2002) by S.I. 2002/774, reg. 5(1)(a) (which S.I. was revoked (13.9.2002) by S.I. 2002/2350, reg. 7); (S.) (25.3.2002 at 1700 hours) by S.S.I. 2002/148, regs. 1(1), 5(1)(a) (which S.S.I. was revoked (13.9.2002) by S.S.I. 2002/424, reg. 7); (S.) (25.3.2002 at 1700 hours) by S.S.I. 2002/149, regs. 1(1), 5(1)(a) (which S.S.I. was revoked (13.9.2002) by S.S.I. 2002/425, reg. 7); (W.) (26.3.2002) by S.I. 2002/820, reg. 5(1)(a) (which S.I. was revoked (9.9.2002) by S.I. 2002/2295, reg. 7); (W.) (26.3.2002) by S.I. 2002/821, reg. 5(1)(a) (which S.I. was revoked (9.9.2002) by S.I. 2002/2296, reg. 7); (E.) (4.4.2002) by S.I. 2002/931, reg. 5(1)(b); (S.) (4.4.2002) by S.S.I. 2002/179, reg. 6(1)(b); (W.) (16.4.2002) by S.I. 2002/1090, reg. 5(1)(b); (E.) (18.6.2002) by S.I. 2002/890, reg. 7(1)(b); (E.) (20.6.2002) by S.I. 2002/1614, reg. 5(1)(a); (S.) (24.6.2002) by S.S.I. 2002/300, reg. 5(1)(a); (S.) (1.7.2002) by S.S.I. 2002/267, reg. 7(1)(b); (W.) (12.7.2002) by S.I. 2002/1798, reg. 5(1)(a); (W.) (2.8.2002) by S.I. 2002/1886, reg. 7(1)(b); (E.) (5.8.2002 for certain purposes and otherwise 1.4.2004) by S.I. 2002/1817, regs. 1(2)(3), 9(c); (W.) (9.9.2002) by S.I. 2002/2295, reg. 5(1)(a) and S.I. 2002/2296, reg. 5(1)(a); (E.) (13.9.2002) by S.I. 2002/2350, reg. 5(1)(a) and S.I. 2002/2351, reg. 5(1)(a); (S.) (13.9.2002) by S.S.I. 2002/424, reg. 5(1)(a) and S.S.I. 2002/425, reg. 5(1)(a); (S.) (23.9.2002 for certain purposes and otherwise 1.4.2004) by S.S.I. 2002/397, regs. 1(2)(3), 8(c); (W.) (31.12.2002 for certain purposes and otherwise 1.4.2004) by S.I. 2002/2939, regs. 1(2)(3), 9(c); (S.) (1.1.2003) by S.S.I. 2002/523, reg. 5(1)(c); (W.) (9.1.2003) by S.I. 2002/3157, reg. 5(1)(c); (E.) (13.1.2003) by S.I. 2002/3169, reg. 5(1)(c)

C30S. 20 extended (with modifications) (8.1.1992) by S.I. 1991/2843, reg. 22(1)(b)

21 Defence of due diligence.E+W+S

(1)In any proceedings for an offence under any of the preceding provisions of this Part (in this section referred to as “the relevant provision”), it shall, subject to subsection (5) below, be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.

(2)Without prejudice to the generality of subsection (1) above, a person charged with an offence under section 8, 14 or 15 above who neither—

(a)prepared the food in respect of which the offence is alleged to have been committed; nor

(b)imported it into Great Britain,

shall be taken to have established the defence provided by that subsection if he satisfies the requirements of subsection (3) or (4) below.

(3)A person satisfies the requirements of this subsection if he proves—

(a)that the commission of the offence was due to an act or default of another person who was not under his control, or to reliance on information supplied by such a person;

(b)that he carried out all such checks of the food in question as were reasonable in all the circumstances, or that it was reasonable in all the circumstances for him to rely on checks carried out by the person who supplied the food to him; and

(c)that he did not know and had no reason to suspect at the time of the commission of the alleged offence that his act or omission would amount to an offence under the relevant provision.

(4)A person satisfies the requirements of this subsection if he proves—

(a)that the commission of the offence was due to an act or default of another person who was not under his control, or to reliance on information supplied by such a person;

(b)that the sale or intended sale of which the alleged offence consisted was not a sale or intended sale under his name or mark; and

(c)that he did not know, and could not reasonably have been expected to know, at the time of the commission of the alleged offence that his act or omission would amount to an offence under the relevant provision.

(5)If in any case the defence provided by subsection (1) above involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless—

(a)at least seven clear days before the hearing; and

(b)where he has previously appeared before a court in connection with the alleged offence, within one month of his first such appearance,

he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.

(6)In subsection (5) above any reference to appearing before a court shall be construed as including a reference to being brought before a court.

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Modifications etc. (not altering text)

C31S. 21 applied by 1991/370, reg. 3 (2)

S. 21 applied: (9.4.1992) by S.I. 1992/496, reg. 7(1)(d); (13.9.1992) by S.I. 1992/1971, reg. 9(d); (14.9.1992) by S.I. 1992/1978, reg. 7(d); (1.10.1992) by S.I. 1992/2037, reg. 23(c) (which S.I. was revoked (1.4.1995) by S.I. 1995/539, reg. 25, Sch. 22 (with regs. 3(2), 25, Sch. 22))

S. 21 applied: (14.7.1993) by S.I. 1993/1520, reg. 2(2)(d); (29.7.1993) by S.I. 1993/1658, reg.7(d)

S. 21 applied (30.6.1999) by S.I. 1999/1513, reg. 6(2)(b)

S. 21 applied (W.) (1.4.2001) by S.I. 2001/1360, reg. 7(1)(c)

C32S. 21 applied (with modifications) (5.11.1991) by S.I. 1991/2486, reg. 7(1)

S. 21 applied (with modifications): (1.1.1993 for certain purposes and 15.1.1993 otherwise) by S.I. 1992/3163, regs. 1, 18(1) (which S.I. was revoked (29.4.1998) by S.I. 1998/994, reg. 59(1), Sch. 5); (1.1.1993 for certain purposes and 15.1.1993 otherwise) by S.I. 1992/3164, regs. 1, 19(1) (which S.I. was revoked (29.4.1998) by S.I. 1998/994, reg. 59(1), Sch. 5); (18.12.1992 for certain purposes and 1.1.1993 otherwise) by S.I. 1992/3165, regs. 1, 7(2) (which S.I. was revoked (29.4.1998) by S.I. 1998/994, reg. 59(1), Sch. 5); (31.12.1992) by S.I. 1992/3236, reg. 11(1)

S. 21 applied (with modifications): (1.4.1994) by S.I. 1994/743, reg. 8(1)(d); (1.5.1994) by S.I. 1994/1029, reg. 25(c) (which S.I. was revoked (1.4.1995) by S.I. 1995/540, reg. 26 (with reg. 3(5))); (2.9.1994) by S.I. 1994/2127, reg. 5; (1.1.1995) by S.I. 1994/3082, reg. 21

S. 21 applied (with modifications): (1.3.1995) by S.I. 1995/77, reg. 23; (1.4.1995) by S.I. 1995/539, reg. 22 and S.I. 1995/540, reg. 24; (1.4.1995) by S.I. 1995/614, reg. 11; (9.5.1995) by S.I. 1995/1086, reg. 20(1)(d); (15.6.1995) by S.I. 1995/1372, reg. 20(1)(d); (10.7.1995) by S.I. 1995/1544, reg. 10; (15.9.1995) by S.I. 1995/1763, reg. 7(d); (15.9.1995) by S.I. 1995/2200, reg. 18; (20.9.1995) by S.I. 1995/2148, reg. 17; (1.1.1996) by S.I. 1995/3116, reg. 8; (1.1.1996) by S.I. 1995/3123, reg. 9(d) and S.I. 1995/3124, reg. 11(d); (1.1.1996) by S.I. 1995/3187, reg. 9; (1.1.1996) by S.I. 1995/3202, reg. 11; (1.1.1996) by S.I. 1995/3205, reg. 14; (1.1.1996) by S.I. 1995/3240, reg. 10(d) (which S.I. was revoked (1.7.1996) by S.I. 1996/1499, reg. 49, Sch. 9)

S. 21 applied (with modifications): (29.3.1996) by S.I. 1996/961, reg. 4(d); (1.7.1996) by: S.I. 1996/1499, reg. 48; S.I. 1996/1502, reg. 6

S. 21 applied (with modifications): (16.6.1997) by S.I. 1997/1335, reg. 6(d); (30.6.1997) by S.I. 1995/1544, reg. 10(1) (as substituted (30.6.1997) by S.I. 1997/1414, reg. 3); (4.7.1997) by S.I. 1997/1499, reg. 6(1) (which S.I. was revoked (18.6.2002 (E.), 1.7.2002 (S.), 2.8.2002 (W.)) by S.I. 2002/890, reg. 11, Sch.; S.S.I. 2002/267, reg. 11, Sch.; S.I. 2002/1886, reg. 11, Sch.); (17.11.1997) by S.I. 1997/2537, reg. 9; (16.12.1997) by S.I. 1997/2959, reg. 11; (1.1.1998) by S.I. 1997/2965, reg. 30; (31.3.1999) by S.I. 1997/2042, reg. 9 and S.I. 1997/2182, reg. 9

S. 21 applied (with modifications): (19.2.1998) by S.I. 1998/141, reg. 10(d); (1.4.1998) by S.I. 1998/616, reg. 6(1)(c); (29.4.1998) by S.I. 1998/994, reg. 55(1)(c); (31.10.1998) by S.I. 1998/2424, reg. 8(d);

S. 21 applied (with modifications): (30.6.1999) by S.I. 1999/1540, reg. 19(1)(d); (1.10.1999) by S.I. 1999/2457, reg. 8(1); (1.10.1999) by S.S.I. 1999/34, reg 8(1); (19.3.1999) by S.I. 1996/1499, reg. 48 (as substituted by S.I. 1999/747, reg. 11); (17.12.1999) by S.S.I 1999/186, reg. 9

S. 21 applied (with modifications): (E.) (10.4.2000) by S.I. 2000/768, reg. 10(1); (S.) (10.4.2000) by S.S.I. 2000/83, reg. 10(1); (W.) (25.7.2000) by S.I. 2000/1925, reg. 10(1)

S. 21 applied (with modifications): (E.) (15.1.2001) by S.I. 2000/3323, reg. 10(d); (W.) (1.11.2001) by S.I. 2000/1866, reg. 7(d); (S.) (1.11.2001) by S.S.I. 2000/130, reg. 7(d); (E.) (1.11.2001) by S.I. 2000/845, reg. 7(d)

S. 21 applied (with modifications): (S.) (17.3.2001) by S.S.I. 2001/38, reg. 10; (W.) (1.5.2001) by S.I. 2001/1361, reg. 8(1); (W.) (1.5.2001) by S.I. 2001/1440, reg. 10(d)

S. 21 applied (with modifications): (E.W.) (8.3.2002) by S.I. 2002/333, reg. 6(d); (S.) (8.3.2002) by S.S.I. 2002/50, reg. 6(d); (E.) (18.6.2002) by S.I. 2002/890, reg. 7(1)(c); (S.) (1.7.2002) by S.S.I. 2002/267, reg. 7(1)(c); (W.) (2.8.2002) by S.I. 2002/1886, reg. 7(1)(c); (E.) (5.8.2002 for certain purposes and otherwise 1.4.2004) by S.I. 2002/1817, regs. 1(2)(3), 9(d); (S.) (23.9.2002 for certain purposes and otherwise 1.4.2004) by S.S.I. 2002/397, regs. 1(2)(3), 8(d); (W.) (31.12.2002 for certain purposes and otherwise 1.4.2004) by S.I. 2002/2939, regs. 1(2)(3), 9(d); (S.) (1.1.2003) by S.S.I. 2002/523, reg. 5(1)(d); (W.) (9.1.2003) by S.I. 2002/3157, reg. 5(1)(d); (E.) (13.1.2003) by S.I. 2002/3169, reg. 5(1)(d)

C33S. 21(1)(5)(6) applied (29.5.1992) by S.I. 1992/1122, reg. 4 (which S.I. was revoked (24. 7. 1992) by S.I. 1992/1601, reg. 6)

S. 21(1)(5)(6) applied (24.7.1992) by S.I. 1992/1601, reg. 4

C34S. 21(1)(5)(6) applied (with modifications) (4.9.1996) by S.I. 1996/2265, reg. 7(3) (which S.I. was revoked (15.3.1997) by S.I. 1997/389, reg. 14)

S. 21(1)(5)(6) applied (with modifications): (15.3.1997) by S.I. 1997/389, reg. 10(3) (which S.I. was revoked (1.8.1997 at 6.00 p.m.) by S.I. 1997/1905, reg. 20); (11.8.1997) by S.I. 1997/1729, reg. 34(1)(d); (1.8.1997 at 6.00 p.m.) by S.I. 1997/1905, reg. 16(3)

22 Defence of publication in the course of business.E+W+S

In proceedings for an offence under any of the preceding provisions of this Part consisting of the advertisement for sale of any food, it shall be a defence for the person charged to prove—

(a)that he is a person whose business it is to publish or arrange for the publication of advertisements; and

(b)that he received the advertisement in the ordinary course of business and did not know and had no reason to suspect that its publication would amount to an offence under that provision.

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Modifications etc. (not altering text)

C35S. 22 applied: (13.9.1992) by S.I. 1992/1971, reg. 9(e); (14.9.1992) by S.I. 1992/1978, reg. 7(e)

S. 22 applied (14.7.1993) by S.I. 1993/1520, reg. 2(2)(e)

C36S. 22 applied (with modifications): (1.1.1996) by S.I. 1995/3116, reg. 8; (1.1.1996) by S.I. 1995/3123, reg. 9(e) and S.I. 1995/3124, reg. 11(e); (1.1.1996) by S.I. 1995/3187, reg. 9; (1.1.1996) by S.I. 1995/3202, reg. 11

S. 22 applied (with modifications) (1.7.1996) by S.I. 1996/1499, reg. 48

S. 22 applied (with modifications): (11.8.1997) by S.I. 1997/1729, reg. 34(1)(e); (31.3.1999) by S.I. 1997/2042, reg. 9 and S.I. 1997/2182, reg. 9

S. 22 applied (with modifications) (19.2.1998) by S.I. 1998/141, reg. 10(e)

S. 22 applied (with modifications): (19.3.1999) by S.I. 1996/1499, reg. 48 (as substituted by S.I. 1999/747, reg. 11); (30.6.1999) by S.I. 1999/1540, reg. 19(1)(e); (1.10.1999) by S.I. 1999/2457, reg. 8(1); (1.10.1999) by S.S.I. 1999/34, reg. 8(1)

S. 22 applied (with modifications): (E.) (1.11.2001) by S.I. 2000/845, reg. 7(e); (W.) (1.11.2001) by S.I. 2000/1866, reg. 7(e); (S.) (1.11.2001) by S.S.I. 2000/130, reg. 7(e); (E.) (15.1.2001) by S.I. 2000/3323, reg. 10(e)

S. 22 applied (with modifications): (S.) (17.3.2001) by S.S.I. 2001/38, reg. 10; (W.) (1.5.2001) by S.I. 2001/1361, reg. 8(1) and S.I. 2001/1440, reg. 10(e)

S. 22 applied (with modifications): (E.W.) (8.3.2002) by S.I. 2002/333, reg. 6(e); (S.) (8.3.2002) by S.S.I. 2002/50, reg. 6(e); (E.) (5.8.2002 for certain purposes and otherwise 1.4.2004) by S.I. 2002/1817, regs. 1(2)(3), 9(e); (S.) (23.9.2002 for certain purposes and otherwise 1.4.2004) by S.S.I. 2002/397, regs. 1(2)(3), 8(e); (W.) (31.12.2002 for certain purposes and otherwise 1.4.2004) by S.I. 2002/2939, regs. 1(2)(3), 9(e); (S.) (1.1.2003) by S.S.I. 2002/523, reg. 5(1)(e); (W.) (9.1.2003) by S.I. 2002/3157, reg. 5(1)(e); (E.) (13.1.2003) by S.I. 2002/3169, reg. 5(1)(e)

Miscellaneous and supplementalE+W+S

23 Provision of food hygiene training.E+W+S

(1)A food authority may provide, whether within or outside their area, training courses in food hygiene for persons who are or intend to become involved in food businesses, whether as proprietors or employees or otherwise.

(2)A food authority may contribute towards the expenses incurred under this section by any other such authority, or towards expenses incurred by any other person in providing, such courses as are mentioned in subsection (1) above.

24 Provision of facilities for cleansing shellfish.E+W+S

(1)A food authority may provide, whether within or outside their area, tanks or other apparatus for cleansing shellfish.

(2)A food authority may contribute towards the expenses incurred under this section by any other such authority, or towards expenses incurred by any other person in providing, and making available to the public, tanks or other apparatus for cleansing shellfish.

(3)Nothing in this section authorises the establishment of any tank or other apparatus, or the execution of any other work, on, over or under tidal lands below high-water mark of ordinary spring tides, except in accordance with such plans and sections, and subject to such restrictions and conditions as may before the work is commenced be approved by the Secretary of State.

(4)In this section “cleansing”, in relation to shellfish, includes subjecting them to any germicidal treatment.

F3825. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

26 Regulations and orders: supplementary provisions.E+W+S

(1)Regulations under this Part may—

(a)make provision for prohibiting or regulating the carrying out of commercial operations with respect to any food, food source or contact material—

(i)which fails to comply with the regulations; or

(ii)in relation to which an offence against the regulations has been committed, or would have been committed if any relevant act or omission had taken place in Great Britain; and

(b)without prejudice to the generality of section 9 above, provide that any food which, in accordance with the regulations, is certified as being such food as is mentioned in paragraph (a) above may be treated for the purposes of that section as failing to comply with food safety requirements.

(2)Regulations under this Part may also—

(a)require persons carrying on any activity to which the regulations apply to keep and produce records and provide returns;

(b)prescribe the particulars to be entered on any register required to be kept in accordance with the regulations;

(c)require any such register to be open to inspection by the public at all reasonable times and, subject to that, authorise it to be kept by means of a computer;

(d)prescribe the periods for which and the conditions subject to which licences may be issued, and provide for the subsequent alteration of conditions and for the cancellation, suspension or revocation of licences;

(e)provide for an appeal to a magistrates’ court or, in Scotland, to the sheriff, or to a tribunal constituted in accordance with the regulations, against any decision of an enforcement authority, or of an authorised officer of such an authority; and

(f)provide, as respects any appeal to such a tribunal, for the procedure on the appeal (including costs) and for any appeal against the tribunal’s decision.

(3)Regulations under this Part F39. . . may—

(a)provide that an offence under the regulations F40. . . shall be triable in such way as may be there specified; and

(b)include provisions under which a person guilty of such an offence shall be liable to such penalties (not exceeding those which may be imposed in respect of offences under this Act) as may be specified in the regulations F40. . ..

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Amendments (Textual)

F39Words in s. 26(3) repealed (1.4.2000) by 1999 c. 28, s. 40(4), Sch. 6 (with s. 38); S.I. 2000/1066, art. 2

F40Words in s. 26(3) repealed (1.4.2000) by 1999 c. 28, s. 40(4), Sch. 6 (with s. 38); S.I. 2000/1066, art. 2

Part IIIE+W+S ADMINISTRATION AND ENFORCEMENT

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Modifications etc. (not altering text)

C37Pts. I-III (ss. 1-39): functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2

Pts. I-III (ss. 1-39): certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch. 2

C38Pts. I-III (ss. 1-39) applied (with modifications) (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2

AdministrationE+W+S

27 Appointment of public analysts.E+W+S

(1)Every authority to whom this section applies, that is to say, every food authority in England and Wales and every [F41council constituted under section 2 of the Local Government etc. (Scotland) Act in 1994] in Scotland, shall appoint in accordance with this section one or more persons (in this Act referred to as “public analysts”) to act as analysts for the purposes of this Act within the authority’s area.

(2)No person shall be appointed as a public analyst unless he possesses—

(a)such qualifications as may be prescribed by regulations made by the Ministers; or

(b)such other qualifications as [F42the Secretary of State] may approve,

and no person shall act as a public analyst for any area who is engaged directly or indirectly in any food business which is carried on in that area.

(3)An authority to whom this section applies shall pay to a public analyst such remuneration as may be agreed, which may be expressed to be payable either—

(a)in addition to any fees received by him under this Part; or

(b)on condition that any fees so received by him are paid over by him to the authority.

(4)An authority to whom this section applies who appoint only one public analyst may appoint also a deputy to act during any vacancy in the office of public analyst, or during the absence or incapacity of the holder of the office, and—

(a)the provisions of this section with respect to the qualificatio