Search Legislation

Food Standards Act 1999

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Food Standards Act 1999. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Observations with a view to acquiring informationE+W+S+N.I.

10 Power to carry out observations.E+W+S+N.I.

(1)The Agency may, for the purpose of carrying out its function under section 8 or its corresponding function under section 9, carry out observations (or arrange with other persons for observations to be carried out on its behalf) with a view to obtaining information about—

(a)any aspect of the production or supply of food or food sources; or

(b)any aspect of the production, supply or use of animal feedingstuffs.

(2)Without prejudice to the generality of subsection (1), the information that may be sought through such observations includes information about—

(a)food premises, food businesses or commercial operations being carried out with respect to food, food sources or contact materials;

(b)agricultural premises, agricultural businesses or agricultural activities;

(c)premises, businesses or operations involved in fish farming; or

(d)premises, businesses or operations involved in the production, supply or use of animal feedingstuffs.

(3)In this section—

  • agricultural activity” has the same meaning as in the M1Agriculture Act 1947 or, in Northern Ireland, the M2Agriculture Act (Northern Ireland) 1949;

  • agricultural business” has the same meaning as in section 1 of the M3Farm Land and Rural Development Act 1988 or, in Northern Ireland, Article 3 of the M4Farm Business (Northern Ireland) Order 1988;

  • agricultural premises” means any premises used for the purposes of an agricultural business; and

  • fish farming” means the breeding, rearing or keeping of fish or shellfish (which includes any kind of crustacean or mollusc).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

M21949 c.2(N.I.)

11 Power of entry for persons carrying out observations.E+W+S+N.I.

(1)The Agency may authorise any individual (whether a member of its staff or otherwise) to exercise the powers specified in subsection (4) for the purpose of carrying out any observations under section 10 specified in the authorisation.

(2)No authorisation under this section shall be issued except in pursuance of a decision taken by the Agency itself or by a committee, sub-committee or member of the Agency acting on behalf of the Agency.

(3)An authorisation under this section shall be in writing and may be given subject to any limitations or conditions specified in the authorisation (including conditions relating to hygiene precautions to be taken while exercising powers in pursuance of the authorisation).

(4)An authorised person may, if it appears to him necessary to do so for the purpose of carrying out the observations specified in his authorisation—

(a)enter any premises at any reasonable hour;

(b)take samples of any articles or substances found on any premises;

(c)take samples from any food source found on any premises;

(d)inspect and copy any records found on any premises which relate to a business which is the subject of the observations (and, if they are kept in computerised form, require them to be made available in a legible form);

(e)require any person carrying on such a business to provide him with such facilities, such records or information and such other assistance as he may reasonably request;

but in this subsection “premises” does not include a private dwelling-house.

(5)An authorised person shall on request—

(a)produce his authorisation before exercising any powers under subsection (4); and

(b)provide a document identifying any sample taken, or documents copied, under those powers.

(6)The references in subsection (4)(d) and (e) to records include any records which—

(a)relate to the health of any person who is or has been employed in the business concerned; and

(b)were created for the purpose of assessing, or are kept for the purpose of recording, matters affecting his suitability for working in the production or supply of food or food sources (including any risks to public health which may arise if he comes into contact with any food or food source).

(7)If an authorised person who enters any premises by virtue of this section discloses to any person any information obtained on the premises with regard to any trade secret he is, unless the disclosure is made in the performance of his duty, guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(8)A person who—

(a)intentionally obstructs a person exercising powers under subsection (4)(a), (b), (c) or (d);

(b)fails without reasonable excuse to comply with any requirement imposed under subsection (4)(e); or

(c)in purported compliance with such a requirement furnishes information which he knows to be false or misleading in any material particular or recklessly furnishes information which is false or misleading in any material particular;

is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(9)In this section “authorised person” means a person authorised under this section.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources