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Food Safety Act 1990

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This is the original version (as it was originally enacted).

40Power to issue codes of practice

(1)For the guidance of food authorities, the Ministers or the Minister may issue codes of recommended practice as regards the execution and enforcement of this Act and of regulations and orders made under it; and any such code shall be laid before Parliament after being issued.

(2)In the exercise of the functions conferred on them by or under this Act, every food authority—

(a)shall have regard to any relevant provision of any such code; and

(b)shall comply with any direction which is given by the Ministers or the Minister and requires them to take any specified steps in order to comply with such a code.

(3)Any direction under subsection (2)(b) above shall, on the application of the Ministers or the Minister, be enforceable by mandamus or, in Scotland, by an order of the Court of Session under section 45 of the [1988 c. 36.] Court of Session Act 1988.

(4)Before issuing any code under this section, the Ministers or the Minister shall consult with such organisations as appear to them or him to be representative of interests likely to be substantially affected by the code.

(5)Any consultation undertaken before the commencement of subsection (4) above shall be as effective, for the purposes of that subsection, as if undertaken after that commencement.

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