The Food (Cheese) (Emergency Control) (Amendment) Order 1998

Amendment of article 4(2) of the Food (Cheese) (Emergency Control) Order 1998

2.  In article 4(2) of the Food (Cheese) (Emergency Control) Order 1998 (modification of section 9 of the Food Safety Act 1990), for sub-paragraphs (b) and (c) there shall be substituted the following sub-paragraphs—

“(b) in subsection (4) there shall be substituted for the words from “whether or not” to the end the words ''whether the food is cheese which is prohibited by an Order made under section 13 of this Act and—

(a) if he determines that it is not, he shall forthwith withdraw the notice;

(b) if he determines that it is, he shall seize the cheese and remove it in order to have it dealt with by a justice of the peace.”;

(c) in subsection (5)(a) for the words “section 7 or 8 above” there shall be substituted the words “section 13(2) below”;

(d) in subsection (6) for the words “fails to comply with food safety requirements” there shall be substituted the words “is cheese in respect of which commercial operations are prohibited by an Order under section 13 of this Act”;

(e) in subsection (9)(c) for the words “of the failure of the food in question to comply with food safety requirements” there shall be substituted the words “that the food is cheese in respect of which commercial operations are prohibited by an Order under section 13 of this Act”.