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Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety
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There are currently no known outstanding effects by UK legislation for Regulation (EC) No 178/2002 of the European Parliament and of the Council, Article 14.
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1.Food shall not be placed on the market if it is unsafe.
2.Food shall be deemed to be unsafe if it is considered to be:
(a)injurious to health;
(b)unfit for human consumption.
3.In determining whether any food is unsafe, regard shall be had:
(a)to the normal conditions of use of the food by the consumer and at each stage of production, processing and distribution, and
(b)to the information provided to the consumer, including information on the label, or other information generally available to the consumer concerning the avoidance of specific adverse health effects from a particular food or category of foods.
4.In determining whether any food is injurious to health, regard shall be had:
(a)not only to the probable immediate and/or short-term and/or long-term effects of that food on the health of a person consuming it, but also on subsequent generations;
(b)to the probable cumulative toxic effects;
(c)to the particular health sensitivities of a specific category of consumers where the food is intended for that category of consumers.
5.In determining whether any food is unfit for human consumption, regard shall be had to whether the food is unacceptable for human consumption according to its intended use, for reasons of contamination, whether by extraneous matter or otherwise, or through putrefaction, deterioration or decay.
6.Where any food which is unsafe is part of a batch, lot or consignment of food of the same class or description, it shall be presumed that all the food in that batch, lot or consignment is also unsafe, unless following a detailed assessment there is no evidence that the rest of the batch, lot or consignment is unsafe.
7.Food that complies with specific [F1legislation in force in the relevant constituent territory of Great Britain] governing food safety shall be deemed to be safe insofar as the aspects covered by the specific F2... provisions are concerned.
8.Conformity of a food with specific provisions applicable to that food shall not bar the competent authorities from taking appropriate measures to impose restrictions on it being placed on the market or to require its withdrawal from the market where there are reasons to suspect that, despite such conformity, the food is unsafe.
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Textual Amendments
F1Words in Art. 14(7) substituted (31.12.2020) by The General Food Law (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/641), regs. 1, 16(a)(i) (as substituted by S.I. 2020/1504, regs. 1(2), 10(9)); 2020 c. 1, Sch. 5 para. 1(1)
F2Word in Art. 14(7) omitted (31.12.2020) by virtue of The General Food Law (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/641), regs. 1, 16(a)(ii) (as substituted by S.I. 2020/1504, regs. 1(2), 10(9)); 2020 c. 1, Sch. 5 para. 1(1)
F3Art. 14(9) omitted (31.12.2020) by virtue of The General Food Law (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/641), regs. 1, 16(b); 2020 c. 1, Sch. 5 para. 1(1)
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