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The Food (Northern Ireland) Order 1989

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7.  The provisions of this Order which are specified in the first column of the following Table shall, subject to the modifications specified in the second column of that Table, apply for the purposes of the enforcement and execution of any order or regulation.

TABLE

Provision of this OrderModification
Article 38: Paragraph (3)

In sub-paragraph (c), after the word “vehicle” there shall be inserted the words “, ship, aircraft”, and for the words “this Order” there shall be substituted the words “the Food Act 1984”.

After paragraph (3) there shall be inserted the following paragraph—

(3A) Without prejudice to paragraph (3) a sampling officer—

(a)may take a sample of milk while at any dairy, or while deposited for collection, or at any time before it is delivered to a consumer in pursuance of a sale by retail;

(b)may, at the request of a person to whom any food or substance is, or is to be, delivered in pursuance of a contract of sale, take a sample of that food or substance in the course of delivery, or at the place of delivery..

Paragraph (4)

For paragraph (4) there shall be substituted the following paragraph—

(4) Except as provided by paragraph (3A), or with the consent of the purchaser, a sampling officer shall not take a sample of any food or substance which appears to him to have been sold by retail, either while the food or substance is in the course of delivery to the purchaser, or at any time after such delivery; and nothing in this Article shall authorise a sampling officer to take a sample of any food or substance in a ship (not being a home-going ship within the meaning of the Food Act 1984) or in any aircraft, other than food imported as part of the cargo of that ship or aircraft..

Article 40Paragraph (7) shall be omitted.
Article 44
Article 47: Paragraph (1)For the words “this Order”, wherever those words occur, there shall be substituted the words “the Food Act 1984”.
Paragraphs (2) to (7)
Article 48: Paragraph (1)

After paragraph (1) there shall be inserted the following paragraph—

(1A) An authorised officer of a district council shall, on producing if so required, some duly authenticated document showing his authority, have a right at all reasonable hours to enter any ship or aircraft for the purpose of ascertaining whether there is in the ship or aircraft any food imported as part of the cargo in contravention of the provisions of regulations made under Part I of the Food Act 1984, and applying to Northern Ireland, being provisions which the district council is required or empowered to enforce..

Paragraph (2)

For paragraph (2) there shall be substituted the following paragraph—

(2) Paragraphs (3) to (5) of Article 47 shall apply in relation to any ship, aircraft, vehicle, stall or place which may be entered under the powers conferred by paragraphs (1) and (1A) of this Article, and as if any reference to the occupier of premises were a reference to the master, commander or other person in charge of the ship, aircraft, vehicle, stall or place..

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