Food Act 1984

[F1 Food poisoning E+W

Textual Amendments

F1 Pts. I, II (ss. 1–49) repealed (E.W.) (with savings for ss. 15 and 21) by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 54, 59, Sch. 4 paras. 7, 8, Sch. 5 (but (3.4.1992) as regards ss. 16–20; S.I. 1992/57, art. 2 and not coming into force as regards s.13 so far as it relates to the Food Hygiene (Amendment) Regulations 1990 until either 1.4.1991 or 1.4.1992 as mentioned in S.I. 1990/2372)

31 Inspection and control of infected food. E+W

(1) If the proper officer of a local authority has reasonable ground for suspecting that any food of which he, or any other officer of the local authority of the district, has procured a sample under the provisions of this Act is likely to cause food poisoning, he may give notice to the person in charge of the food that, until his investigations are completed—

(a) the food, or any specified portion of it, is not to be used for human consumption, and

(b) either is not to be removed, or is not to be removed except to some place specified in the notice.

A person who uses or removes any food in contravention of the requirements of a notice given under this subsection is liable to a fine not exceeding level 5 on the standard scale.

(2) If, as a result of his investigations, the proper officer is satisfied that the food in question, or any portion of it, is likely to cause food poisoning, he may deal with it as food falling within section 9(1) and subsections (2) and (3) of that section shall apply accordingly; but, if he is satisfied that it may be safely used for human consumption, he shall forthwith withdraw his notice.

(3) If a notice given under subsection (1) is withdrawn by the proper officer, or if the justice of the peace before whom any food is brought under this section refuses to condemn it, the local authority shall compensate the owner of the food to which the notice related for any depreciation in its value resulting from the action taken by the proper officer.]