PART IFood Generally

Registration of premises and licensing of vehicles

16Registration: ice-cream, sausages etc.

(1)No premises shall be used for—

(a)the sale, or the manufacture for the purpose of sale, of ice-cream, or the storage of ice-cream intended for sale, or

(b)the preparation or manufacture of sausages or potted, pressed, pickled or preserved food intended for sale,

unless they are registered under this section for that purpose by the local authority.

For the purposes of this subsection—

(i)" sale " means sale for human consumption ;

(ii)the preparation of meat or fish by any process of cooking shall be deemed to be the preservation of that meat or fish.

(2)A person who uses any premises in contravention of subsection (1) is guilty of an offence.

(3)Nothing in this Part applies so as to require the registration under this section—

(a)of premises used wholly or mainly as catering premises, or

(b)of premises used wholly or mainly as a school or club, or

(c)of domestic premises, if the only food intended for sale which is prepared or manufactured on them is food intended for sale for the benefit of the person preparing or manufacturing it by a society registered under the [1965 c. 12.] Industrial and Provident Societies Act 1965, or

(d)of premises of any description, if the only food intended for sale which is prepared or manufactured on them is food prepared or manufactured otherwise than in the course of a trade carried on by the person preparing or manufacturing it, and paragraph (a) of subsection (1) does not apply in relation to the sale or storage of ice-cream at any premises used as a theatre, cinematographic theatre, music hall or concert hall.

(4)This section does not apply in relation to premises—

(a)which are used for the preparation, sale or storage of articles prepared from, or consisting of, materials other than those of animal or vegetable origin, but

(b)which are not otherwise used for any purpose in connection with the preparation, storage or sale of food,

except so far as may be expressly provided by regulations made under this Part.

(5)Where in any district—

(a)local Act provisions were in force at the commencement of this Act with respect to the registration of premises used for any of the purposes mentioned in subsection (1), and

(b)those provisions were in force at the commencement of the [1938 c. 56.] Food and Drugs Act 1938 (1st October 1939),

that subsection, so far as it relates to registration for purposes regulated by the local Act provisions, shall not apply to that district until the Secretary of State, on the local authority's application, declares it to be in force there.

(6)Where on an application made by a local authority under subsection (5) the Secretary of State declares subsection (1) to be in force in the authority's district, then, upon the declaration taking effect, such of the local Act provisions referred to in subsection (5) as may be specified in the declaration shall be repealed, or, as the case may be, shall be repealed as respects the authority's district.

(7)Any premises which immediately before the repeal of those provisions were registered under them for any purpose mentioned in subsection (1)-shall be deemed to have been registered under this section for the purpose in question.