Food Safety Act 1990
In this Act “food” has the same meaning as it has in Regulation ( EC ) No. 178/2002 .
drink;
articles and substances of no nutritional value which are used for human consumption;
chewing gum and other products of a like nature and use; and
articles and substances used as ingredients in the preparation of food or anything falling within this subsection.
In this Act “Regulation ( EC ) No. 178/2002 ” means Regulation ( EC ) No. 178/2002 of the European Parliament and of the Council 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.
live animals or birds, or live fish which are not used for human consumption while they are alive;
fodder or feeding stuffs for animals, birds or fish;
controlled drugs within the meaning of the Misuse of Drugs Act 1971; or
subject to such exceptions as may be specified in an order made by the Ministers—
medicinal products within the meaning of the Medicines Act 1968 in respect of which product licences within the meaning of that Act are for the time being in force; or
other articles or substances in respect of which such licences are for the time being in force in pursuance of orders under section 104 or 105 of that Act (application of Act to other articles and substances).
“business” includes the undertaking of a canteen, club, school, hospital or institution, whether carried on for profit or not, and any undertaking or activity carried on by a public or local authority;
“proper officer”, in relation to any purpose and to any food authority or any area, means the officer appointed for that purpose by that authority or, as the case may be, for that area;
“the appropriate Treasurer” means the Sub-Treasurer in relation to the Inner Temple and the Under Treasurer in relation to the Middle Temple;
Section 16(3).
Provision for prohibiting or regulating—
the sale, possession for sale, or offer, exposure or advertisement for sale, of any specified substance, or of any substance of any specified class, with a view to its use in the preparation of food; or
the possession of any such substance for use in the preparation of food.
Provision for prohibiting— of food derived from a food source which is suffering or has suffered from, or which is liable to be suffering or to have suffered from, any disease specified in the regulations. Provision for prohibiting or regulating, or for enabling enforcement authorities to prohibit or regulate— of shellfish taken from beds or other layings for the time being designated by or under the regulations.
Provision for regulating generally the treatment and disposal of any food— Provision for the following, namely—
Provision for the following, namely—
for the giving by persons possessing such qualifications as may be prescribed by the regulations of written opinions with respect to the use of any process or treatment in the preparation of food, and for prohibiting the use for any such purpose of any process or treatment except in accordance with an opinion given under the regulations; or
for the issue by enforcement authorities of licences in respect of the use of any process or treatment in the preparation of food, and for prohibiting the use for any such purpose of any process or treatment except in accordance with a licence issued under the regulations.
Provision for imposing requirements as to— Provision for imposing requirements as to— Provision for requiring persons who are or intend to become involved in food businesses, whether as proprietors or employees or otherwise, to undergo such food hygiene training as may be specified in the regulations.
Provision for imposing responsibility for compliance with any requirements imposed by virtue of paragraph 5(1) above in respect of any premises— Provision for conferring in relation to particular premises, subject to such limitations and safeguards as may be specified, exemptions from the operation of specified provisions which— while there is in force a certificate of the enforcement authority to the effect that compliance with those provisions cannot reasonably be required with respect to the premises or any activities carried on in them.
Provision for imposing requirements as to—
the construction, maintenance, cleanliness and use of food premises, including any parts of such premises in which equipment and utensils are cleaned, or in which refuse is disposed of or stored;
the provision, maintenance and cleanliness of sanitary and washing facilities in connection with such premises; and
the disposal of refuse from such premises.
Provision for imposing requirements as to—
the maintenance and cleanliness of equipment or utensils used for the purposes of a food business; and
the use, for the cleaning of equipment used for milking, of cleaning agents approved by or under the regulations.
Provision for requiring persons who are or intend to become involved in food businesses, whether as proprietors or employees or otherwise, to undergo such food hygiene training as may be specified in the regulations.
Provision for imposing responsibility for compliance with any requirements imposed by virtue of paragraph 5(1) above in respect of any premises—
on the occupier of the premises; and
in the case of requirements of a structural character, on any owner of the premises who either—
lets them for use for a purpose to which the regulations apply; or
permits them to be so used after notice from the authority charged with the enforcement of the regulations.
Provision for conferring in relation to particular premises, subject to such limitations and safeguards as may be specified, exemptions from the operation of specified provisions which— while there is in force a certificate of the enforcement authority to the effect that compliance with those provisions cannot reasonably be required with respect to the premises or any activities carried on in them.
are contained in the regulations; and
are made by virtue of paragraph 5(1) above,
Provision for securing the inspection of food sources by authorised officers of enforcement authorities for the purpose of ascertaining whether they— Provision for enabling such an officer, if it appears to him on such an inspection that any food source falls (or is likely to fall) within sub-paragraph (1)(a) or (b) above, to give notice to the person in charge of the food source that, until a time specified in the notice or until the notice is withdrawn— Provision for enabling such an officer, if on further investigation it appears to him, in the case of any such food source which is a live animal or bird, that there is present in the animal or bird any substance whose presence is prohibited by the regulations, to cause the animal or bird to be slaughtered.
Provision for the following in connection with a food hygiene information scheme, namely— Provision for a food hygiene rating to be based on an assessment of hygienic conditions and practices carried out before the regulations come into force.
Provision for prohibiting or regulating—
the possession, sale or offer, exposure or advertisement for sale of any specified substance, or any substance of any specified class, with a view to its use in connection with the production of any food source;
the use of any specified substance, or any substance of any specified class, in connection with the production of any food source;
the carrying out of any other activity in connection with, or in a manner likely to affect, the production of any food source.
Section 52.
Part III of the 1984 Act (markets) shall be amended in accordance with paragraphs 2 to 11 below.
In subsection (1) of section 50 (establishment or acquisition of markets), for the words “The council of a district” there shall be substituted the words “ A local authority ” and for the words “their district”, in each place where they occur, there shall be substituted the words “ their area ”. In subsection (2) of that section, for the words “the district” there shall be substituted the words “ the authority’s area ”. For subsection (3) of that section there shall be substituted the following subsection—.
In section 51(2) (power to sell to local authority), the word “market” shall cease to have effect.
In subsection (1) of section 53 (charges by market authority), the words “and in respect of the weighing and measuring of articles and vehicles” shall cease to have effect. For subsection (2) of that section there shall be substituted the following subsection— In subsection (3)(b) of that section, the words “in respect of the weighing of vehicles, or, as the case may be,” shall cease to have effect.
For subsection (2) of section 54 (time for payment of charges) there shall be substituted the following subsection—
In section 56(1) (prohibited sales in market hours), for the word “district” there shall be substituted the word “ area ”.
In section 57 (weighing machines and scales), subsection (1) shall cease to have effect.
After that section there shall be inserted the following section—
Section 58 (weighing of articles) shall cease to have effect.
In section 60 (market byelaws), after paragraph (c) there shall be inserted the following paragraph—
“fire authority” means an authority exercising the functions of a fire authority under the Fire Services Act 1947; “food” has the same meaning as in the Food Safety Act 1990; “local authority” means a district council, a London borough council or a parish or community council; “market authority” means a local authority who maintain a market which has been established or acquired under section 50(1) or under the corresponding provisions of any earlier enactment.
Part V of the 1984 Act (sugar beet and cold storage) shall be amended in accordance with paragraphs 13 to 16 below.
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In subsection (3) of section 69 (crop price), for the words “ “home-grown beet” means sugar beet grown in Great Britain; and” there shall be substituted the words “ and section 69A ”.
After that section there shall be inserted the following section—
Section 70 (provision of cold storage) shall cease to have effect.
Section 59(1).
An order made by the Secretary of State under section 6 of the Public Health Act 1936 may constitute a united district for the purposes of any functions under this Act which are functions of a food authority in England and Wales.
Section 54(1) of the London Government Act 1963 (food, drugs, markets and animals) shall cease to have effect.
In section 7(3) of the Agriculture Act 1967 (labelling of meat in relation to systems of classifying meat), the words from “and, without prejudice” to the end shall cease to have effect.
“slaughterhouse” has, in England and Wales, the meaning given by section 34 of the Slaughterhouses Act 1974 and, in Scotland, the meaning given by section 22 of the Slaughter of Animals (Scotland) Act 1980; In subsection (3) of that section, for the words from “Part II” to “1955” there shall be substituted the words “ section 15 of the Slaughterhouses Act 1974 or section 1 of the Slaughter of Animals (Scotland) Act 1980 ”.
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in subsection (3), for the words “section 76 of the Food Act 1984” there shall be substituted the words “section 27 of the Food Safety Act 1990”; and
in subsection (7)(c), the words from “for the reference” to “1956” shall cease to have effect.
In section 2(5)(a) of the Trade Descriptions Act 1968 (certain descriptions to be deemed not to be trade descriptions), for the words “the Food Act 1984, the Food and Drugs (Scotland) Act 1956” there shall be substituted the words “ the Food Safety Act 1990 ”.
In section 22 of that Act (admissibility of evidence in proceedings for offences under Act), in subsection (2), the paragraph beginning with the words “In this subsection” shall cease to have effect, and after that subsection there shall be inserted the following subsection—
In section 108 of the Medicines Act 1968 (enforcement in England and Wales)—
for the words “food and drugs authority”, in each place where they occur, there shall be substituted the words “ drugs authority ”; and
after subsection (11) there shall be inserted the following subsection—
In section 109 of that Act (enforcement in Scotland)—
paragraph (c) of subsection (2) shall cease to have effect; and
after that subsection there shall be inserted the following subsection—
After section 115 of that Act there shall be inserted the following section—
“drugs authority” has the meaning assigned to it by section 108(12) of this Act;
In paragraph 1(2) of Schedule 3 to that Act (sampling) for the words from “in relation to England and Wales” to “Food and Drugs (Scotland) Act 1956” there shall be substituted the words “ except in relation to Northern Ireland, has the meaning assigned to it by section 27 of the Food Safety Act 1990 ”.
In Schedule 16 to the Transport Act 1968 (supplementary and consequential provisions), in paragraph 7(2), paragraphs (d) and (e) shall cease to have effect.
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In section 8(4)(a) of the Poisons Act 1972 (evidence of analysis in proceedings under Act) for the words “section 76 of the Food Act 1984, or section 27 of the Food and Drugs (Scotland) Act 1956” there shall be substituted the words “ section 27 of the Food Safety Act 1990 ”.
In section 259(3) of the Local Government Act 1972 (compensation for loss of office)—
in paragraph (b), for the words “food and drugs authority, within the meaning of the Food Act 1984” there shall be substituted the words “ food authority within the meaning of the Food Safety Act 1990 ”;
in paragraph (c), for sub-paragraphs (i) and (ii) there shall be substituted the words “ which are incorporated or reproduced in the Slaughterhouses Act 1974 or the Food Safety Act 1990 ”; and
the words “section 129(1) of the Food and Drugs Act 1955” shall cease to have effect.
In the following provisions of the Slaughterhouses Act 1974, namely— for the words “section 13 of the Food Act 1984” there shall be substituted the words “ section 16 of the Food Safety Act 1990 ”.
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section 4(2)(a) (requirements to be complied with in relation to knacker’s yard licences);
section 12(2) (regulations with respect to slaughterhouses and knackers’ yards to prevail over byelaws); and
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In section 23(4) of the Licensing (Scotland) Act 1976 (application for new licence), for the words “section 13 of the Food and Drugs (Scotland) Act 1956” there shall be substituted “ section 16 of the Food Safety Act 1990 ”.
In subsection (1) of section 12 of the Weights and Measures &c. Act 1976 (shortages of food and other goods), for paragraphs (a) and (b) there shall be substituted the following paragraph—. In subsection (9) of that section—
In Schedule 6 to that Act (temporary requirements imposed by emergency orders), for paragraphs 2 and 3 there shall be substituted the following paragraph—
In Schedule 5 to the Hydrocarbon Oil Duties Act 1979 (sampling) in paragraph 5(d) for the words “section 76 of the Food Act 1984, section 27 of the Food and Drugs (Scotland) Act 1956” there shall be substituted the words “ section 27 of the Food Safety Act 1990 ”.
In section 19(2) of the Slaughter of Animals (Scotland) Act 1980 (enforcement) for the words “section 13 of the Food and Drugs (Scotland) Act 1956” there shall be substituted the words “ section 16 of the Food Safety Act 1990 ” and for the words “section 36 of the said Act of 1956” there shall be substituted the words “ section 32 of the said Act of 1990 ”.
In section 22 of that Act (interpretation)—
“knacker’s yard” means any premises used in connection with the business of slaughtering, flaying or cutting up animals the flesh of which is not intended for human consumption; and “knacker” means a person whose business it is to carry out such slaughtering, flaying or cutting up
“slaughterhouse” means a place for slaughtering animals, the flesh of which is intended for human consumption, and includes any place available in connection with such a place for the confinement of animals while awaiting slaughter there or keeping, or subjecting to any treatment or process, products of the slaughtering of animals there; and “slaughterman” means a person whose business it is to carry out such slaughtering
In section 39 of the Civic Government (Scotland) Act 1982 (street traders’ licences)—
in subsection (3)(b), for the words “section 7 of the Milk and Dairies (Scotland) Act 1914” there shall be substituted the words “ regulations made under section 19 of the Food Safety Act 1990 ”; and
in subsection (4)—
for the words “regulations made under sections 13 and 56 of the Food and Drugs (Scotland) Act 1956”, there shall be substituted the words “ section 1(3) of the Food Safety Act 1990 ”;
for the words “islands or district council” there shall be substituted the words “ food authority (for the purposes of section 5 of the Food Safety Act 1990) ”; and
for the words “sections 13 and 56 of the Food and Drugs (Scotland) Act 1956”, there shall be substituted the words “ section 16 of the Food Safety Act 1990 ”.
In section 3(2) of the Public Health (Control of Disease) Act 1984 (jurisdiction and powers of port health authority), for paragraph (a) there shall be substituted the following paragraph—.
In section 7(3) of that Act (London port health authority), for paragraph (d) there shall be substituted the following paragraph—
In subsection (1) of section 20 of that Act (stopping of work to prevent spread of disease), in paragraph (b) for the words “subsection (1) of section 28 of the Food Act 1984” there shall be substituted “ subsection (1A) below ”. After that subsection there shall be inserted the following subsection—
In section 24(1) of the Food and Environment Protection Act 1985 (interpretation)—
in the definition of “designated incident”, for the words “designated incident” there shall be substituted the words “ designated circumstances ”;
the definition of “escape” shall cease to have effect; and
“food” has the same meaning as in the Food Safety Act 1990.
In section 25 of that Act (Northern Ireland) after subsection (4) there shall be inserted the following subsection—
In paragraph 15 of Schedule 8 to the Local Government Act 1985 (trading standards and related functions)—
sub-paragraph (2) shall cease to have effect; and
at the end of sub-paragraph (6) there shall be added the words “ or section 5(1) of the Food Safety Act 1990 ”.
In section 38 of the Weights and Measures Act 1985 (special powers of inspectors), subsection (4) (exclusion for milk) shall cease to have effect.
In section 93 of that Act (powers under other Acts with respect to marking of food) for the words “ Food Act 1984” there shall be substituted the words “ Food Safety Act 1990 ”.
In section 94(1) of that Act (interpretation), in the definition of “drugs” and “food” for the words “Food Act 1984, or, in Scotland, the Food and Drugs (Scotland) Act 1956” there shall be substituted the words “ Food Safety Act 1990 ”.
In section 1(6) of the Agriculture Act 1986 (provision of agricultural goods and services), in the definition of “food”, for the words “Food Act 1984” there shall be substituted “ Food Safety Act 1990 ”.
In subsection (2) of section 1 of the National Health Service (Amendment) Act 1986 (application of food legislation to health authorities and health service premises)— For subsection (7) of that section there shall be substituted—
In section 19(1) of the Consumer Protection Act 1987 (interpretation of Part II), in the definition of “food” for the words “Food Act 1984” there shall be substituted “ Food Safety Act 1990 ”.
In section 16(7) of the Road Traffic Offenders Act 1988 (meaning of “authorised analyst” in relation to proceedings under Act), for the words “section 76 of the Food Act 1984, or section 27 of the Food and Drugs (Scotland) Act 1956” there shall be substituted the words “ section 27 of the Food Safety Act 1990 ”.
Section 59(3).
In relation to any time before the commencement of the first order under section 1(3) of this Act— and in this Act as it applies by virtue of this paragraph “occupier”, in relation to any ship or aircraft, means the master, commander or other person in charge of the ship or aircraft.
any ship which is a home-going ship within the meaning of section 132 of the 1984 Act or section 58 of the 1956 Act (interpretation) shall be regarded as premises for the purposes of this Act; and
the powers of entry conferred by section 32 of this Act shall include the right 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 II of this Act;
In so far as any existing regulations made, or having effect as if made, under any provision of the 1984 Act specified in the first column of Table A below have effect in relation to England and Wales, they shall have effect, after the commencement of the relevant repeal, as if made under the provisions of this Act specified in relation to that provision in the second column of that Table, or such of those provisions as are applicable. In this paragraph and paragraphs 3 and 4 below “existing regulations” means— which are in force immediately before the coming into force of that repeal; and references to the commencement of the relevant repeal shall be construed accordingly. Provision of the 1984 Act Provision of this Act section 4 (composition etc. of food) sections 16(1)(a), (c) and (f) and (3) and 17(1) section 7 (describing food) section 16(1)(e) section 13 (food hygiene) section 16(1)(b), (c), (d) and (f), (2) and (3) section 33 (milk and dairies) section 16(1)(b), (c), (d) and (f), (2) and (3) section 34 (registration), so far as relating to dairies or dairy farms section 19 section 38 (milk: special designations) section 18(2) section 73(2) (qualification of officers) section 5(6) section 76(2) (public analysts) section 27(2) section 79(5) (form of certificate) section 49(2) section 119 ( EU provisions) section 17(2)
Any existing regulations made, or having effect as if made, under any provision of the 1956 Act specified in the first column of Table B below shall have effect, after the commencement of the relevant repeal, as if made under the provisions of this Act specified in relation to that provision in the second column of that Table, or such of those provisions as are applicable. Provision of the 1956 Act Provision of this Act section 4 (composition etc. of food) sections 16(1)(a), (c) and (f) and (3) and 17(1) section 7 (describing food) section 16(1)(e) section 13 (food hygiene) sections 5(6) and 16(1)(b), (c), (d) and (f), (2) and (3) section 16(2) (regulations as to milk) section 18(2) section 27(2) (public analysts) section 27(2) section 29(3) (form of certificate) section 49(2) section 56A ( EU provisions) section 17(2)
In so far as any existing regulations made under section 1 of the Importation of Milk Act 1983 have effect in relation to Great Britain, they shall have effect, after the commencement of the relevant repeal, as if made under section 18(1)(c) of this Act.
the Milk and Dairies (Scotland) Act 1914 (orders with respect to milk) shall have effect, after the commencement of the relevant repeal, as if it were regulations made under section 16(1)(b), (d) and (f) and (2) of this Act. Any existing order made under section 3 of the Milk and Dairies (Amendment) Act 1922 (sale of milk under special designations) shall have effect, after the commencement of the relevant repeal, as if it were regulations made under section 18(2) of this Act. In this paragraph “existing order” means any order made under a provision repealed by this Act which is in force immediately before the coming into force of that repeal; and references to the commencement of the relevant repeal shall be construed accordingly.
The repeal by this Act of section 14 of the 1984 Act (court’s power to disqualify caterers) shall not have effect as respects any order made, or having effect as if made, under that section which is in force immediately before the commencement of that repeal.
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The repeal by this Act of section 21 of the 1984 Act or section 1 of the Control of Food Premises (Scotland) Act 1977 (closure orders) shall not have effect as respects any order made, or having effect as if made, under that section which is in force immediately before the commencement of that repeal.
Section 59(4). Chapter Short title Extent of repeal 1914 c. 46. The Milk and Dairies (Scotland) Act 1914. The whole Act. 1922 c. 54. The Milk and Dairies (Amendment) Act 1922. The whole Act. 1934 c. 51. The Milk Act 1934. The whole Act. 1949 c. 34. The Milk (Special Designations) Act 1949. The whole Act. 1956 c. 30. The Food and Drugs (Scotland) Act 1956. The whole Act. 1963 c. 33. The London Government Act 1963. Section 54(1). 1967 c. 22. The Agriculture Act 1967. In section 7(3), the words from “and, without prejudice” to the end. 1967 c. 50. The Farm and Garden Chemicals Act 1967. In section 4(7)(c), the words from “for the reference” to “1956”. 1968 c. 29. The Trade Descriptions Act 1968. In section 22(2), the paragraph beginning with the words “In this subsection”. 1968 c. 67. The Medicines Act 1968. In section 132(1), the definition of “food and drugs authority”. In Schedule 5, paragraph 17. 1968 c. 73. The Transport Act 1968. In Schedule 16, in paragraph 7(2), paragraphs (d) and (e). 1971 c. 62. The Tribunals and Inquiries Act 1971. In Schedule 1, paragraphs 15 and 40. 1972 c. 62. The Agriculture (Miscellaneous Provisions) Act 1972. Section 4(3). 1972 c. 68. The European Communities Act 1972. In Schedule 4, paragraph 3(2)(c). 1976 c. 77. The Weights and Measures & c. Act 1976. In section 12(9)(c), the words “the 1956 Act or”. 1977 c. 28. The Control of Food Premises (Scotland) Act 1977. The whole Act. 1983 c. 37. The Importation of Milk Act 1983. The whole Act. 1984 c. 30. The Food Act 1984. Parts I and II. In section 51(2), the word “market”. In section 53, in subsection (1) the words “and in respect of the weighing and measuring of articles and vehicles”, and in subsection (3)(b) the words “in respect of the weighing of vehicles, or as the case may be,” Section 57(1). Section 58. In section 61, the words from “and this Part” to the end. Part IV. Sections 70 to 92. In section 93, in subsection (2), paragraphs (b) to (d) and, in subsection (3), paragraphs (a) to (e) and (h) to (l). In section 94, subsection (1) except as regards offences under Part III of the Act, and subsection (2). In section 95, subsections (2) to (8). Sections 96 to 109. Sections 111 to 120. In section 121, subsections (2) and (3). Sections 122 to 131. In section 132, subsection (1) except the words “In this Act, unless the context otherwise requires” and the definitions of “animal” and “the Minister”. Sections 133 and 134. In section 136, in subsection (2), paragraphs (b) and (c). Schedules 1 to 11. 1985 c. 48. The Food and Environment Protection Act 1985. In section 1(2), the definition of “escape”. In section 24(1), the definition of “escape”. 1985 c. 51. The Local Government Act 1985. In Schedule 8, paragraph 15(2). 1985 c. 72. The Weights and Measures Act 1985. Section 38(4).
“preparation”, in relation to food, includes manufacture and any form of processing or treatment, and “preparation for sale” includes packaging, and “prepare for sale” shall be construed accordingly;
“specified” means specified in the Order in Council.
“the Ministers” means—
in relation to England and Wales, the following Ministers acting jointly, namely, the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales;
“food examiner” means any person who possesses the requisite qualifications to carry out examinations for the purposes of this Act;
“food source” means any growing crop or live animal, bird or fish from which food is intended to be derived (whether by harvesting, slaughtering, milking, collecting eggs or otherwise);
“safety zone” means an area which is a safety zone by virtue of Part III of the Petroleum Act 1987; and
“business” includes the undertaking of a canteen, club, school, hospital or institution, whether carried on for profit or not, and any undertaking or activity carried on by a public or local authority;
“contact material” means any article or substance which is intended to come into contact with food;
selling, possessing for sale and offering, exposing or advertising for sale;
consigning, delivering or serving by way of sale;
preparing for sale or presenting, labelling or wrapping for the purpose of sale;
storing or transporting for the purpose of sale;
importing and exporting;
The reference in subsection (3) above to preparing for sale shall be construed, in relation to any contact material, as a reference to manufacturing or producing for the purpose of sale.
For the purposes of this Act— shall be deemed to be a sale of the food, and references to purchasers and purchasing shall be construed accordingly.
the supply of food, otherwise than on sale, in the course of a business; and
any other thing which is done with respect to food and is specified in an order made by the Secretary of State,
This Act shall apply— and in this subsection “entertainment” includes any social gathering, amusement, exhibition, performance, game, sport or trial of skill.
in relation to any food which is offered as a prize or reward or given away in connection with any entertainment to which the public are admitted, whether on payment of money or not, as if the food were, or had been, exposed for sale by each person concerned in the organisation of the entertainment;
in relation to any food which, for the purpose of advertisement or in furtherance of any trade or business, is offered as a prize or reward or given away, as if the food were, or had been, exposed for sale by the person offering or giving away the food; and
in relation to any food which is exposed or deposited in any premises for the purpose of being so offered or given away as mentioned in paragraph (a) or (b) above, as if the food were, or had been, exposed for sale by the occupier of the premises;
The following provisions shall apply for the purposes of this Act.
Any food commonly used for human consumption shall, if sold or offered, exposed or kept for sale, be presumed, until the contrary is proved, to have been sold or, as the case may be, to have been or to be intended for sale for human consumption.
The following, namely— shall be presumed, until the contrary is proved, to be intended for sale, or for manufacturing food for sale, for human consumption.
any food commonly used for human consumption which is found on premises used for the preparation, storage, or sale of that food; and
any article or substance commonly used in the manufacture of food for human consumption which is found on premises used for the preparation, storage or sale of that food,
Any article or substance capable of being used in the composition or preparation of any food commonly used for human consumption which is found on premises on which that food is prepared shall, until the contrary is proved, be presumed to be intended for such use.
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In this Act—
“signature” includes a facsimile of a signature by whatever process reproduced.
“port local authority” includes a joint port local authority.
In this Act, in its application to emergency control orders, “the Minister” means the Minister of Agriculture, Fisheries and Food or the Secretary of State.
Subject to subsections (3) and (4) below, the food authorities in England . . . are—
as respects each London borough, district or non-metropolitan county, the council of that borough, district or county;
as respects the City of London (including the Temples), the Common Council;
as respects the Inner Temple or the Middle Temple, the appropriate Treasurer.
as respects the Isles of Scilly, the council of the Isles of Scilly.
Subject to subsection (3)(a) below, the food authorities in Scotland are the councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
Subject to subsection (3)(a) and (b) below, the food authorities in Wales are, as respects each county or county borough, the council of that county or county borough.
Where any functions under this Act are assigned— any reference in this Act to a food authority shall be construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.
by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984, to a port health authority or, by an order under section 172 of the Public Health (Scotland) Act 1897, to a port local authority;
by an order under section 6 of the Public Health Act 1936, to a joint board for a united district; or
by an order under paragraph 15(6) of Schedule 8 to the Local Government Act 1985, to a single authority for a metropolitan county,
The Secretary of Statemay by order provide, either generally or in relation to cases of a particular description, that any functions under this Act which are exercisable concurrently— shall be exercisable solely by such one of those authorities as may be specified in the order.
as respects a non-metropolitan district, by the council of that district and the council of the non-metropolitan county;
as respects the Inner Temple or the Middle Temple, by the appropriate Treasurer and the Common Council,
In this section—
“the Common Council” means the Common Council of the City of London;
In this Act “authorised officer”, in relation to a food authority, means any person (whether or not an officer of the authority) who is authorised by them in writing, either generally or specially, to act in matters arising under this Act; but if regulations made by the Secretary of State so provide, no person shall be so authorised unless he has such qualifications as may be prescribed by the regulations.
In this Act “the enforcement authority”, in relation to any provisions of this Act or any regulations or orders made under it, means the authority by whom they are to be enforced and executed.
Every food authority shall enforce and execute within their area the provisions of this Act with respect to which the duty is not imposed expressly or by necessary implication on some other authority.
The Secretary of State may direct, in relation to cases of a particular description or a particular case, that any duty imposed on food authorities by subsection (2) above shall be discharged by the Secretary of State . . . or the Food Standards Agency and not by those authorities.
Regulations or orders under this Act shall specify which of the following authorities are to enforce and execute them, either generally or in relation to cases of a particular description or a particular area, namely— and any such regulations or orders may provide for the giving of assistance and information, by any authority concerned in the administration of the regulations or orders, or of any provisions of this Act, to any other authority so concerned, for the purposes of their respective duties under them.
. . . , . . . the Secretary of State, the Food Standards Agency, food authorities and such other authorities as are mentioned in section 5(3) above; and
in the case of regulations, the Commissioners of Customs and Excise;
An enforcement authority in England and Wales may institute proceedings under any provisions of this Act or any regulations or orders made under it . . ..
In the application of subsections (3) and (4) to Scotland, the references to the Food Standards Agency are to be read as references to Food Standards Scotland.
The Secretary of State may take over the conduct of any such proceedings which have been instituted by some other person.
The Secretary of State may direct the Food Standards Agency to take over the conduct of any such proceedings which have been instituted by some person other than the Agency.
The Food Standards Agency may take over the conduct of any such proceedings which have been instituted by some other person, but (unless the Agency has been directed to do so under subsection (5B) above) only with the consent of the person who instituted them.
In this Act “authorised officer”, in relation to an enforcement authority, means any person (whether or not an officer of the authority) who is authorised by the authority in writing, either generally or specially, to act in matters arising under this Act and regulations and orders made under it; but if regulations made by the Secretary of Stateso provide, no person shall be so authorised unless he has such qualifications as may be prescribed by the regulations.
Any person who renders any food injurious to health by means of any of the following operations, namely— with intent that it shall be sold for human consumption, shall be guilty of an offence.
adding any article or substance to the food;
using any article or substance as an ingredient in the preparation of the food;
abstracting any constituent from the food; and
subjecting the food to any other process or treatment,
In determining for the purposes of this section whether any food is injurious to health, regard shall be had to the matters specified in sub–paragraphs (a) to (c) of Article 14(4) of Regulation (EC) No. 178/2002.
not only to the probable effect of that food on the health of a person consuming it; but
also to the probable cumulative effect of food of substantially the same composition on the health of a person consuming it in ordinary quantities.
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sells for human consumption, or offers, exposes or advertises for sale for such consumption, or has in his possession for the purpose of such sale or of preparation for such sale; or
deposits with, or consigns to, any other person for the purpose of such sale or of preparation for such sale,
For the purposes of this Part food fails to comply with food safety requirements if it is unsafe within the meaning of Article 14 of Regulation (EC) No. 178/2002 and references to food safety requirements or to food complying with such requirements shall be construed accordingly.
it has been rendered injurious to health by means of any of the operations mentioned in section 7(1) above;
it is unfit for human consumption; or
it is so contaminated (whether by extraneous matter or otherwise) that it would not be reasonable to expect it to be used for human consumption in that state;
Where any food which fails to comply with food safety requirements is part of a batch, lot or consignment of food of the same class or description, it shall be presumed for the purposes of this section and section 9 below, until the contrary is proved, that all of the food in that batch, lot or consignment fails to comply with those requirements.
For the purposes of this Part, any part of, or product derived wholly or partly from, an animal— shall be deemed to be unfit for human consumption.
which has been slaughtered in a knacker’s yard, or of which the carcase has been brought into a knacker’s yard; or
in Scotland, which has been slaughtered otherwise than in a slaughterhouse,
In subsection (4) above, in its application to Scotland, “animal” means any description of cattle, sheep, goat, swine, horse, ass or mule; and paragraph (b) of that subsection shall not apply where accident, illness or emergency affecting the animal in question required it to be slaughtered as mentioned in that paragraph.
An authorised officer of a food authority may at all reasonable times inspect any food intended for human consumption which— and subsections (3) to (9) below shall apply where, on such an inspection, it appears to the authorised officer that any food fails to comply with food safety requirements.
has been sold or is offered or exposed for sale; ...
is in the possession of, or has been deposited with or consigned to, any person for the purpose of sale or of preparation for sale; or
is otherwise placed on the market within the meaning of Regulation (EC) No. 178/2002.
The following provisions shall also apply where, otherwise than on such an inspection, it appears to an authorised officer of a food authority that any food is likely to cause food poisoning or any disease communicable to human beings.
The authorised officer may either— and any person who knowingly contravenes the requirements of a notice under paragraph (a) above shall be guilty of an offence.
give notice to the person in charge of the food that, until the notice is withdrawn, the food or any specified portion of it—
is not to be used for human consumption; and
either is not to be removed or is not to be removed except to some place specified in the notice; or
seize the food and remove it in order to have it dealt with by a justice of the peace;
Where the authorised officer exercises the powers conferred by subsection (3)(a) above, he shall, as soon as is reasonably practicable and in any event within 21 days, determine whether or not he is satisfied that the food complies with food safety requirements and—
if he is so satisfied, shall forthwith withdraw the notice;
if he is not so satisfied, shall seize the food and remove it in order to have it dealt with by a justice of the peace.
Where an authorised officer exercises the powers conferred by subsection (3)(b) or (4)(b) above, he shall inform the person in charge of the food of his intention to have it dealt with by a justice of the peace and—
any person who under section 7 , regulation 19(1) of the Food Safety and Hygiene (England) Regulations 2013, so far as relating to the second entry in the list of specified EU provisions set out in column 1 of Schedule 2 to those Regulations or regulation 4(a) 4(b) of the General Food Regulations 2004 might be liable to a prosecution in respect of the food shall, if he attends before the justice of the peace by whom the food falls to be dealt with, be entitled to be heard and to call witnesses; and
that justice of the peace may, but need not, be a member of the court before which any person is charged with an offence under that section in relation to that food.
If it appears to a justice of the peace, on the basis of such evidence as he considers appropriate in the circumstances, that any food falling to be dealt with by him under this section fails to comply with food safety requirements, he shall condemn the food and order—
the food to be destroyed or to be so disposed of as to prevent it from being used for human consumption; and
any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the owner of the food.
If a notice under subsection (3)(a) above is withdrawn, or the justice of the peace by whom any food falls to be dealt with under this section refuses to condemn it, the food authority shall compensate the owner of the food for any depreciation in its value resulting from the action taken by the authorised officer.
Any disputed question as to the right to or the amount of any compensation payable under subsection (7) above shall be determined by arbitration.
In the application of this section to Scotland—
any reference to a justice of the peace includes a reference to the sheriff and to a magistrate;
paragraph (b) of subsection (5) above shall not apply;
any order made under subsection (6) above shall be sufficient evidence in any proceedings under this Act of the failure of the food in question to comply with food safety requirements; and
the reference in subsection (8) above to determination by arbitration shall be construed as a reference to determination by a single arbiter appointed, failing agreement between the parties, by the sheriff.
If an authorised officer of an enforcement authority has reasonable grounds for believing that the proprietor of a food business is failing to comply with any regulations to which this section applies, he may, by a notice served on that proprietor (in this Act referred to as an “improvement notice”)—
state the officer’s grounds for believing that the proprietor is failing to comply with the regulations;
specify the matters which constitute the proprietor’s failure so to comply;
specify the measures which, in the officer’s opinion, the proprietor must take in order to secure compliance; and
require the proprietor to take those measures, or measures which are at least equivalent to them, within such period (not being less than 14 days) as may be specified in the notice.
Any person who fails to comply with an improvement notice shall be guilty of an offence.
This section and section 11 below apply to any regulations under this Part which make provision—
for requiring, prohibiting or regulating the use of any process or treatment in the preparation of food; or
for securing the observance of hygienic conditions and practices in connection with the carrying out of commercial operations with respect to food or food sources.
If— the court shall by an order impose the appropriate prohibition.
the proprietor of a food business is convicted of an offence under any regulations to which this section applies; and
the court by or before which he is so convicted is satisfied that the health risk condition is fulfilled with respect to that business,
The health risk condition is fulfilled with respect to any food business if any of the following involves risk of injury to health, namely—
the use for the purposes of the business of any process or treatment;
the construction of any premises used for the purposes of the business, or the use for those purposes of any equipment; and
the state or condition of any premises or equipment used for the purposes of the business.
The appropriate prohibition is—
in a case falling within paragraph (a) of subsection (2) above, a prohibition on the use of the process or treatment for the purposes of the business;
in a case falling within paragraph (b) of that subsection, a prohibition on the use of the premises or equipment for the purposes of the business or any other food business of the same class or description;
in a case falling within paragraph (c) of that subsection, a prohibition on the use of the premises or equipment for the purposes of any food business.
In subsection (2) above and in sections 12(4) and 13(1) “injury” includes any impairment, whether permanent or temporary.
If— the court may, by an order, impose a prohibition on the proprietor participating in the management of any food business, or any food business of a class or description specified in the order.
the proprietor of a food business is convicted of an offence under any regulations to which this section applies by virtue of section 10(3)(b) above; and
the court by or before which he is so convicted thinks it proper to do so in all the circumstances of the case,
As soon as practicable after the making of an order under subsection (1) or (4) above (in this Act referred to as a “prohibition order”), the enforcement authority shall— and any person who knowingly contravenes such an order shall be guilty of an offence.
serve a copy of the order on the proprietor of the business; and
in the case of an order under subsection (1) above, affix a copy of the order in a conspicuous position on such premises used for the purposes of the business as they consider appropriate;
A prohibition order shall cease to have effect—
in the case of an order under subsection (1) above, on the issue by the enforcement authority of a certificate to the effect that they are satisfied that the proprietor has taken sufficient measures to secure that the health risk condition is no longer fulfilled with respect to the business;
in the case of an order under subsection (4) above, on the giving by the court of a direction to that effect.
The enforcement authority shall issue a certificate under paragraph (a) of subsection (6) above within three days of their being satisfied as mentioned in that paragraph; and on an application by the proprietor for such a certificate, the authority shall—
determine, as soon as is reasonably practicable and in any event within 14 days, whether or not they are so satisfied; and
if they determine that they are not so satisfied, give notice to the proprietor of the reasons for that determination.
The court shall give a direction under subsection (6)(b) above if, on an application by the proprietor, the court thinks it proper to do so having regard to all the circumstances of the case, including in particular the conduct of the proprietor since the making of the order; but no such application shall be entertained if it is made—
within six months after the making of the prohibition order; or
within three months after the making by the proprietor of a previous application for such a direction.
Where a magistrates’ court or, in Scotland, the sheriff makes an order under section 12(2) below with respect to any food business, subsection (1) above shall apply as if the proprietor of the business had been convicted by the court or sheriff of an offence under regulations to which this section applies.
Subsection (4) above shall apply in relation to a manager of a food business as it applies in relation to the proprietor of such a business; and any reference in subsection (5) or (8) above to the proprietor of the business, or to the proprietor, shall be construed accordingly.
In subsection (10) above “manager”, in relation to a food business, means any person who is entrusted by the proprietor with the day to day running of the business, or any part of the business.
If an authorised officer of an enforcement authority is satisfied that the health risk condition is fulfilled with respect to any food business, he may, by a notice served on the proprietor of the business (in this Act referred to as an “emergency prohibition notice”), impose the appropriate prohibition.
If a magistrates’ court or, in Scotland, the sheriff is satisfied, on the application of such an officer, that the health risk condition is fulfilled with respect to any food business, the court or sheriff shall, by an order (in this Act referred to as an “emergency prohibition order”), impose the appropriate prohibition.
Such an officer shall not apply for an emergency prohibition order unless, at least one day before the date of the application, he has served notice on the proprietor of the business of his intention to apply for the order.
Subsections (2) and (3) of section 11 above shall apply for the purposes of this section as they apply for the purposes of that section, but as if the reference in subsection (2) to risk of injury to health were a reference to imminent risk of such injury.
As soon as practicable after the service of an emergency prohibition notice, the enforcement authority shall affix a copy of the notice in a conspicuous position on such premises used for the purposes of the business as they consider appropriate; and any person who knowingly contravenes such a notice shall be guilty of an offence.
As soon as practicable after the making of an emergency prohibition order, the enforcement authority shall— and any person who knowingly contravenes such an order shall be guilty of an offence.
serve a copy of the order on the proprietor of the business; and
affix a copy of the order in a conspicuous position on such premises used for the purposes of that business as they consider appropriate;
An emergency prohibition notice shall cease to have effect—
if no application for an emergency prohibition order is made within the period of three days beginning with the service of the notice, at the end of that period;
if such an application is so made, on the determination or abandonment of the application.
An emergency prohibition notice or emergency prohibition order shall cease to have effect on the issue by the enforcement authority of a certificate to the effect that they are satisfied that the proprietor has taken sufficient measures to secure that the health risk condition is no longer fulfilled with respect to the business.
The enforcement authority shall issue a certificate under subsection (8) above within three days of their being satisfied as mentioned in that subsection; and on an application by the proprietor for such a certificate, the authority shall—
determine, as soon as is reasonably practicable and in any event within 14 days, whether or not they are so satisfied; and
if they determine that they are not so satisfied, give notice to the proprietor of the reasons for that determination.
Where an emergency prohibition notice is served on the proprietor of a business, the enforcement authority shall compensate him in respect of any loss suffered by reason of his complying with the notice unless— and any disputed question as to the right to or the amount of any compensation payable under this subsection shall be determined by arbitration or, in Scotland, by a single arbiter appointed, failing agreement between the parties, by the sheriff.
an application for an emergency prohibition order is made within the period of three days beginning with the service of the notice; and
the court declares itself satisfied, on the hearing of the application, that the health risk condition was fulfilled with respect to the business at the time when the notice was served;
If it appears to the Secretary of State that the carrying out of commercial operations with respect to food, food sources or contact materials of any class or description involves or may involve imminent risk of injury to health, he may, by an order (in this Act referred to as an “emergency control order”), prohibit the carrying out of such operations with respect to food, food sources or contact materials of that class or description.
Any person who knowingly contravenes an emergency control order shall be guilty of an offence.
The Secretary of State or the Food Standards Agency may consent, either unconditionally or subject to any condition that the authority giving the consent considers appropriate, to the doing in a particular case of anything prohibited by an emergency control order.
It shall be a defence for a person charged with an offence under subsection (2) above to show—
that consent had been given under subsection (3) above to the contravention of the emergency control order; and
that any condition subject to which that consent was given was complied with.
The Secretary of State or the Food Standards Agency—
may give such directions as appear to the authority giving the directions to be necessary or expedient for the purpose of preventing the carrying out of commercial operations with respect to any food, food sources or contact materials which the authority giving the directionsbelieves, on reasonable grounds, to be food, food sources or contact materials to which an emergency control order applies; and
may do anything which appears to the authority giving the directions to be necessary or expedient for that purpose.
Any person who fails to comply with a direction under this section shall be guilty of an offence.
If the Secretary of State or the Food Standards Agency does anything by virtue of this section in consequence of any person failing to comply with an emergency control order or a direction under this section, that authority may recover from that person any expenses reasonably incurred by him under this section.
In the application of this section to Scotland, the references to the Food Standards Agency are to be ignored.
Any person who sells to the purchaser’s prejudice any food which is not of the nature or substance or quality demanded by the purchaser shall be guilty of an offence.
In subsection (1) above the reference to sale shall be construed as a reference to sale for human consumption; and in proceedings under that subsection it shall not be a defence that the purchaser was not prejudiced because he bought for analysis or examination.
Any person who gives with any food sold by him, or displays with any food offered or exposed by him for sale or in his possession for the purpose of sale, a label, whether or not attached to or printed on the wrapper or container, which— shall be guilty of an offence.
falsely describes the food; or
is likely to mislead as to the nature or substance or quality of the food,
Any person who publishes, or is a party to the publication of, an advertisement (not being such a label given or displayed by him as mentioned in subsection (1) above) which— shall be guilty of an offence.
falsely describes any food; or
is likely to mislead as to the nature or substance or quality of any food,
Any person who sells, or offers or exposes for sale, or has in his possession for the purpose of sale, any food the presentation of which is likely to mislead as to the nature or substance or quality of the food shall be guilty of an offence.
In proceedings for an offence under subsection (1) or (2) above, the fact that a label or advertisement in respect of which the offence is alleged to have been committed contained an accurate statement of the composition of the food shall not preclude the court from finding that the offence was committed.
In this section references to sale shall be construed as references to sale for human consumption.
The Secretary of State may by regulations make—
provision for requiring, prohibiting or regulating the presence in food or food sources of any specified substance, or any substance of any specified class, and generally for regulating the composition of food;
provision for securing that food is fit for human consumption and meets such microbiological standards (whether going to the fitness of the food or otherwise) as may be specified by or under the regulations;
provision for requiring, prohibiting or regulating the use of any process or treatment in the preparation of food;
provision for securing the observance of hygienic conditions and practices in connection with the carrying out of commercial operations with respect to food or food sources;
provision for imposing requirements or prohibitions as to, or otherwise regulating, the labelling, marking, presenting or advertising of food, and the descriptions which may be applied to food; and
provision for a food hygiene information scheme;
such other provision with respect to food or food sources, including in particular provision for prohibiting or regulating the carrying out of commercial operations with respect to food or food sources, as appears to them to be necessary or expedient—
for the purpose of securing that food complies with food safety requirements or in the interests of the public health; or
for the purpose of protecting or promoting the interests of consumers.
The Secretary of State may also by regulations make provision—
for securing the observance of hygienic conditions and practices in connection with the carrying out of commercial operations with respect to contact materials which are intended to come into contact with food intended for human consumption;
for imposing requirements or prohibitions as to, or otherwise regulating, the labelling, marking or advertising of such materials, and the descriptions which may be applied to them; and
otherwise for prohibiting or regulating the carrying out of commercial operations with respect to such materials.
Without prejudice to the generality of subsection (1) above, regulations under that subsection may make any such provision as is mentioned in Schedule 1 to this Act.
In making regulations under subsection (1) above, the Secretary of State shall have regard to the desirability of restricting, so far as practicable, the use of substances of no nutritional value as foods or as ingredients of foods.
Regulations under subsection (1)(e) may amend Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers.
In subsection (1) above and Schedule 1 to this Act, unless the context otherwise requires—
references to food shall be construed as references to food intended for sale for human consumption; and
references to food sources shall be construed as references to food sources from which such food is intended to be derived.
The inclusion in that Regulation of savings in respect of the power to make regulations under this Act of a particular kind is not to be taken as in any way limiting the generality of the provision that may be made by virtue of subsections (1)(e) and (3A).
The Secretary of State may by regulations make such provision with respect to food, food sources or contact materials, including in particular provision for prohibiting or regulating the carrying out of commercial operations with respect to food, food sources or contact materials, as appears to him to be called for by any EU obligation.
As respects any directly applicable EU provision which relates to food, food sources or contact materials and for which, in his opinion, it is appropriate to provide under this Act, the Secretary of State may by regulations—
make such provision as he considers necessary or expedient for the purpose of securing that the EU provision is administered, executed and enforced under this Act; and
apply such of the provisions of this Act as may be specified in the regulations in relation to the EU provision with such modifications, if any, as may be so specified.
In subsections (1) and (2) above references to food or food sources shall be construed in accordance with section 16(5) above.
The Secretary of State may by regulations make provision— and (in each case) for excluding from the prohibition any food or food source which is of a description specified by or under the regulations and, in the case of a prohibition on importation, is imported at an authorised place of entry.
for prohibiting the carrying out of commercial operations with respect to novel foods, or food sources from which such foods are intended to be derived, of any class specified in the regulations;
for prohibiting the carrying out of such operations with respect to genetically modified food sources, or foods derived from such food sources, of any class so specified; or
for prohibiting the importation of any food of a class so specified,
The Secretary of State may also by regulations—
prescribe, in relation to milk of any description, such a designation (in this subsection referred to as a “special designation”) as the Secretary of State considers appropriate;
provide for the issue by enforcement authorities of licences to producers and sellers of milk authorising the use of a special designation; and
prohibit, without the use of a special designation, all sales of milk for human consumption, other than sales made with the Secretary of State’s.
In this section—
“authorised place of entry” means any port, aerodrome or other place of entry authorised by or under the regulations and, in relation to food in a particular consignment, includes any place of entry so authorised for the importation of that consignment;
For the purposes of this section a food source is genetically modified if any of the genes or other genetic material in the food source— and in this subsection “artificial technique” does not include any technique which involves no more than, or no more than the assistance of, naturally occurring processes of reproduction (including selective breeding techniques or in vitro fertilisation).
has been modified by means of an artificial technique; or
is inherited or otherwise derived, through any number of replications, from genetic material which was so modified;
The Secretary of State may by regulations make such provision with respect to food, food sources or contact materials, including in particular provision for prohibiting or regulating the carrying out of commercial operations with respect to food, food sources or contact materials, as appears to him to be called for by any assimilated obligation.
As respects any provisions of assimilated direct legislation which relates to food, food sources or contact materials and for which, in his opinion, it is appropriate to provide under this Act, the Secretary of State may by regulations—
make such provision as he considers necessary or expedient for the purpose of securing that the assimilated provision is administered, executed and enforced under this Act; and
apply such of the provisions of this Act as may be specified in the regulations in relation to the assimilated provision with such modifications, if any, as may be so specified.
In subsections (1) and (2) above references to food or food sources shall be construed in accordance with section 16(5) above.
The Secretary of State may by regulations make provision—
for the registration by enforcement authorities of premises used or proposed to be used for the purposes of a food business, and for prohibiting the use for those purposes of any premises which are not registered in accordance with the regulations; or
subject to subsection (2) below, for the issue by such authorities of licences in respect of the use of premises for the purposes of a food business, and for prohibiting the use for those purposes of any premises except in accordance with a licence issued under the regulations.
The Secretary of State shall exercise the power conferred by subsection (1)(b) above only where it appears to him to be necessary or expedient to do so—
for the purpose of securing that food complies with food safety requirements or in the interests of the public health; or
for the purpose of protecting or promoting the interests of consumers.
In this Act—
“food information” has the same meaning as it has in Regulation (EU) No. 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers;
“food information law” means any enactment relating to food information as the Scottish Ministers may by regulations specify.
This section applies where it appears to an authorised officer of a food authority, on an inspection carried out under section 9 above or otherwise, that food information law is being, or has been, contravened in relation to any food intended for human consumption which is placed on the market within the meaning of Regulation (EC) No. 178/2002.
The authorised officer may—
give notice that, until the notice is withdrawn—
the food, or any specified portion of it, is not to be used for human consumption; and
the food, or any specified portion of it, and any related food information, or any specified part of it, is not to be removed (or is not to be removed except to some place specified in the notice); or
seize the food and remove it in order to have it dealt with by the sheriff.
Notice under subsection (2)(a) above is to be given to—
the person in charge of the food; and
the owner of the food (where not the person in charge of the food).
But notice need not be given in pursuance of subsection (3)(b) above if the authorised officer, after making reasonable inquiries, does not know who owns the food.
Any person who knowingly contravenes the requirements of a notice under subsection (2)(a) above commits an offence.
An authorised officer who gives a notice under subsection (2)(a) above must, as soon as is reasonably practicable and in any event within 21 days, determine whether or not food information law has been contravened in relation to the food in respect of which the notice was given.
After making a determination under subsection (6) above, the authorised officer must—
if satisfied that food information law has not been contravened, forthwith withdraw the notice; or
if not so satisfied, seize the food and remove it in order to have it dealt with by the sheriff.
An authorised officer who seizes and removes food under subsection (2)(b) or (7)(b) above may also—
copy, make extracts of or take away any food information relating to the food that has been seized;
where any such food information is in electronic form, require the information to be produced in a legible form in which it may be copied or taken away.
An authorised officer who seizes and removes food under subsection (2)(b) or (7)(b) above must inform the person in charge of the food and the owner of the food (where not the person in charge of the food) of the officer's intention to have it dealt with by the sheriff.
But the owner of the food need not be informed in pursuance of subsection (9) above if the authorised officer, after making reasonable inquiries, does not know who owns the food.
Any person who might be liable to a prosecution for contravening food information law in relation to any food seized and removed under subsection (2)(b) or (7)(b) above is, if the person attends before the sheriff by whom the food falls to be dealt with, entitled to be heard and to call witnesses.
If it appears to the sheriff that food information law has been contravened in relation to any food seized and removed under subsection (2)(b) or (7)(b) above, the sheriff may make such order as the sheriff considers appropriate in respect of the food and any food information relating to it.
An order made under subsection (12) above may, in particular, order—
that the food be destroyed or otherwise disposed of so as to prevent it from being used for human consumption;
that any food information relating to the food be modified, destroyed or otherwise disposed of;
that any food which is fit for human consumption (and any related food information, modified as the sheriff considers appropriate) be—
returned to the person who was in charge of the food; or
distributed to such other person as the sheriff may determine.
An order made under subsection (12) above—
must, where the owner of the food is known, require the owner to meet any expenses reasonably incurred in connection with any destruction, modification, disposal, return or distribution of any food or food information which is carried out in pursuance of the order; and
may require the owner of the food to meet any expenses reasonably incurred by the food authority in connection with any action taken by the authorised officer, or otherwise by or on behalf of the authority, in respect of any food or food information to which the order relates.
Subsection (16) below applies if—
a notice under subsection (2)(a) above is withdrawn; or
the sheriff refuses to make an order under subsection (12) above in respect of any food seized and removed under subsection (2)(b) or (7)(b) above (or any food information which relates to it).
Where this subsection applies, the food authority must compensate the owner of the food for any depreciation in its value resulting from the action taken by the authorised officer.
Any disputed question as to the right to or the amount of any compensation payable under subsection (16) above is to be submitted to arbitration for resolution.
Until the Arbitration (Scotland) Act 2010 is in force in relation to any arbitration carried out in pursuance of subsection (17) above, that Act applies as if it were in force in relation to that arbitration.
A food business operator must as soon as reasonably practicable inform Food Standards Scotland if the food business operator—
is, or has been, in charge of any food which is intended for human consumption and has been placed on the market within the meaning of Regulation (EC) No. 178/2002; and
considers or has reason to believe that food information law is being contravened in relation to the food.
Any person who fails to comply with subsection (1) above shall be guilty of an offence.
For the purposes of subsection (1)(a) above, a food business operator is to be treated as being, or having been, in charge of any food which it has—
received;
imported;
produced;
processed;
manufactured;
distributed; or
otherwise placed on the market within the meaning of Regulation (EC) No. 178/2002.
For the purposes of this Act, “food business operator” is to be construed in accordance with Article 3 of Regulation (EC) No 178/2002.
This section applies where a food business operator has informed Food Standards Scotland under section 15C(1) above.
The food business operator must as soon as reasonably practicable provide any further information which is reasonably required by Food Standards Scotland which relates to—
the food (and any food information relating to it);
the circumstances which led the food business operator to inform Food Standards Scotland under section 15C(1) above.
Any person who fails to comply with a requirement under subsection (2) above shall be guilty of an offence.
Where the commission by any person of an offence under any of the preceding provisions of this Part is due to an act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this section whether or not proceedings are taken against the first-mentioned person.
In any proceedings for an offence under any of the preceding provisions of this Part (in this section referred to as “the relevant provision”), it shall, subject to subsection (5) below, be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.
Without prejudice to the generality of subsection (1) above, a person charged with an offence under section 14 or 15 above who neither— shall be taken to have established the defence provided by that subsection if he satisfies the requirements of subsection (3) or (4) below.
prepared the food in respect of which the offence is alleged to have been committed; nor
imported it into Great Britain,
A person satisfies the requirements of this subsection if he proves—
that the commission of the offence was due to an act or default of another person who was not under his control, or to reliance on information supplied by such a person;
that he carried out all such checks of the food in question as were reasonable in all the circumstances, or that it was reasonable in all the circumstances for him to rely on checks carried out by the person who supplied the food to him; and
that he did not know and had no reason to suspect at the time of the commission of the alleged offence that his act or omission would amount to an offence under the relevant provision.
A person satisfies the requirements of this subsection if he proves—
that the commission of the offence was due to an act or default of another person who was not under his control, or to reliance on information supplied by such a person;
that the sale or intended sale of which the alleged offence consisted was not a sale or intended sale under his name or mark; and
that he did not know, and could not reasonably have been expected to know, at the time of the commission of the alleged offence that his act or omission would amount to an offence under the relevant provision.
If in any case the defence provided by subsection (1) above involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless— he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
at least seven clear days before the hearing; and
where he has previously appeared before a court in connection with the alleged offence, within one month of his first such appearance,
In subsection (5) above any reference to appearing before a court shall be construed as including a reference to being brought before a court.
In proceedings for an offence under any of the preceding provisions of this Part consisting of the advertisement for sale of any food, it shall be a defence for the person charged to prove—
that he is a person whose business it is to publish or arrange for the publication of advertisements; and
that he received the advertisement in the ordinary course of business and did not know and had no reason to suspect that its publication would amount to an offence under that provision.
A food authority may provide, whether within or outside their area, training courses in food hygiene for persons who are or intend to become involved in food businesses, whether as proprietors or employees or otherwise.
A food authority may contribute towards the expenses incurred under this section by any other such authority, or towards expenses incurred by any other person in providing, such courses as are mentioned in subsection (1) above.
A food authority may provide, whether within or outside their area, tanks or other apparatus for cleansing shellfish.
A food authority may contribute towards the expenses incurred under this section by any other such authority, or towards expenses incurred by any other person in providing, and making available to the public, tanks or other apparatus for cleansing shellfish.
Nothing in this section authorises the establishment of any tank or other apparatus, or the execution of any other work, on, over or under tidal lands below high-water mark of ordinary spring tides, except in accordance with such plans and sections, and subject to such restrictions and conditions as may before the work is commenced be approved by the Secretary of State.
In this section “cleansing”, in relation to shellfish, includes subjecting them to any germicidal treatment.
For the purpose of facilitating the exercise of their functions under this Part, the Ministers may by order require every person who at the date of the order, or at any subsequent time, carries on a business of a specified class or description (in this section referred to as a “relevant business”)— as (in each case) is specified in the order and is reasonably required by such persons.
to afford to persons specified in the order such facilities for the taking of samples of any food, substance or contact material to which subsection (2) below applies; or
to furnish to persons so specified such information concerning any such food, substance or contact material,
This subsection applies to—
any food of a class specified in the order which is sold or intended to be sold in the course of a relevant business for human consumption;
any substance of a class so specified which is sold in the course of such a business for use in the preparation of food for human consumption, or is used for that purpose in the course of such a business; and
any contact material of a class so specified which is sold in the course of such a business and is intended to come into contact with food intended for human consumption.
No information relating to any individual business which is obtained by means of an order under subsection (1) above shall, without the previous consent in writing of the person carrying on the business, be disclosed except— and any person who discloses any such information in contravention of this subsection shall be guilty of an offence.
in accordance with directions of the Minister, so far as may be necessary for the purposes of this Act or of any corresponding enactment in force in Northern Ireland, or for the purpose of complying with any Community obligation; or
for the purposes of any proceedings for an offence against the order or any report of those proceedings;
In subsection (3) above the reference to a disclosure being necessary for the purposes of this Act includes a reference to it being necessary— and the reference to a disclosure being necessary for the purposes of any corresponding enactment in force in Northern Ireland shall be construed accordingly.
for the purpose of securing that food complies with food safety requirements or in the interests of the public health; or
for the purpose of protecting or promoting the interests of consumers;
Regulations under this Part may—
make provision for prohibiting or regulating the carrying out of commercial operations with respect to any food, food source or contact material—
which fails to comply with the regulations; or
in relation to which an offence against the regulations has been committed, or would have been committed if any relevant act or omission had taken place in Great Britain; and
without prejudice to the generality of section 9 above, provide that any food which, in accordance with the regulations, is certified as being such food as is mentioned in paragraph (a) above may be treated for the purposes of that section as failing to comply with food safety requirements.
Regulations under this Part may also—
require persons carrying on any activity to which the regulations apply to keep and produce records and provide returns;
prescribe the particulars to be entered on any register required to be kept in accordance with the regulations;
require any such register to be open to inspection by the public at all reasonable times and, subject to that, authorise it to be kept by means of a computer;
prescribe the periods for which and the conditions subject to which licences may be issued, and provide for the subsequent alteration of conditions and for the cancellation, suspension or revocation of licences;
provide for an appeal to a magistrates’ court or, in Scotland, to the sheriff, or to a tribunal constituted in accordance with the regulations, against any decision of an enforcement authority, or of an authorised officer of such an authority; and
provide, as respects any appeal to such a tribunal, for the procedure on the appeal (including costs) and for any appeal against the tribunal’s decision.
Regulations under this Part . . . may—
provide that an offence under the regulations . . . shall be triable in such way as may be there specified; and
include provisions under which a person guilty of such an offence shall be liable to such penalties (not exceeding those which may be imposed in respect of offences under this Act) as may be specified in the regulations . . ..
Every authority to whom this section applies, that is to say, every food authority in England and Wales and every council constituted under section 2 of the Local Government etc. (Scotland) Act in 1994 in Scotland, shall appoint in accordance with this section one or more persons (in this Act referred to as “public analysts”) to act as analysts for the purposes of this Act within the authority’s area.
No person shall be appointed as a public analyst unless he possesses— and no person shall act as a public analyst for any area who is engaged directly or indirectly in any food business which is carried on in that area.
such qualifications as may be prescribed by regulations made by the Ministers; or
such other qualifications as the Secretary of State may approve,
An authority to whom this section applies shall pay to a public analyst such remuneration as may be agreed, which may be expressed to be payable either—
in addition to any fees received by him under this Part; or
on condition that any fees so received by him are paid over by him to the authority.
An authority to whom this section applies who appoint only one public analyst may appoint also a deputy to act during any vacancy in the office of public analyst, or during the absence or incapacity of the holder of the office, and—
the provisions of this section with respect to the qualifications, appointment, removal and remuneration of a public analyst shall apply also in relation to a deputy public analyst; and
any reference in the following provisions of this Act to a public analyst shall be construed as including a reference to a deputy public analyst appointed under this subsection.
In subsection (1) above “food authority” does not include the council of a non-metropolitan district in England(except where the county functions have been transferred to that council ...), the Sub-Treasurer of the Inner Temple or the Under Treasurer of the Middle Temple; and in subsection (2) above the reference to being engaged directly or indirectly in a food business includes a reference to having made such arrangements with a food business as may be prescribed by regulations made by the Secretary of State.
A food authority, or a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in Scotland, may provide facilities for examinations for the purposes of this Act.
In this Act “examination” means a microbiological examination and “examine” shall be construed accordingly.
An authorised officer of an enforcement authority may—
purchase a sample of any food, or any substance capable of being used in the preparation of food;
take a sample of any food, or any such substance, which—
appears to him to be intended for sale, or to have been sold, for human consumption; or
is found by him on or in any premises which he is authorised to enter by or under section 32 below;
take a sample from any food source, or a sample of any contact material, which is found by him on or in any such premises;
take a sample of any article or substance which is found by him on or in any such premises and which he has reason to believe may be required as evidence in proceedings under any of the provisions of this Act or of regulations or orders made under it.
An authorised officer of an enforcement authority who has procured a sample under section 29 above shall—
if he considers that the sample should be analysed, submit it to be analysed either—
by the public analyst for the area in which the sample was procured; or
by the public analyst for the area which consists of or includes the area of the authority;
if he considers that the sample should be examined, submit it to be examined by a food examiner.
A person, other than such an officer, who has purchased any food, or any substance capable of being used in the preparation of food, may submit a sample of it—
to be analysed by the public analyst for the area in which the purchase was made; or
to be examined by a food examiner.
If, in any case where a sample is proposed to be submitted for analysis under this section, the office of public analyst for the area in question is vacant, the sample shall be submitted to the public analyst for some other area.
If, in any case where a sample is proposed to be or is submitted for analysis or examination under this section, the food analyst or examiner determines that he is for any reason unable to perform the analysis or examination, the sample shall be submitted or, as the case may be, sent by him to such other food analyst or examiner as he may determine.
A food analyst or examiner shall analyse or examine as soon as practicable any sample submitted or sent to him under this section, but may, except where— demand in advance the payment of such reasonable fee as he may require.
he is the public analyst for the area in question; and
the sample is submitted to him for analysis by an authorised officer of an enforcement authority,
A food analyst or examiner who has analysed or examined a sample shall give to the person by whom it was submitted a certificate specifying the result of the analysis or examination.
Any certificate given by a food analyst or examiner under subsection (6) above shall be signed by him, but the analysis or examination may be made by any person acting under his direction.
In any proceedings under this Act, the production by one of the parties— shall be sufficient evidence of the facts stated in it unless, in a case falling within paragraph (a) above, the other party requires that the food analyst or examiner shall be called as a witness.
of a document purporting to be a certificate given by a food analyst or examiner under subsection (6) above; or
of a document supplied to him by the other party as being a copy of such a certificate,
In this section— and where two or more public analysts are appointed for any area, any reference in this section to the public analyst for that area shall be construed as a reference to either or any of them.
“food premises” means any premises used for the purposes of a food business;
“substance” includes any natural or artificial substance or other matter, whether it is in solid or liquid form or in the form of a gas or vapour;
The Secretary of State may by regulations make provision for supplementing or modifying the provisions of sections 29 and 30 above.
Without prejudice to the generality of subsection (1) above, regulations under that subsection may make provision with respect to—
the matters to be taken into account in determining whether, and at what times, samples should be procured;
the manner of procuring samples, including the steps to be taken in order to ensure that any samples procured are fair samples;
the method of dealing with samples, including (where appropriate) their division into parts;
the persons to whom parts of samples are to be given and the persons by whom such parts are to be retained;
the notices which are to be given to, and the information which is to be furnished by, the persons in charge of any food, substance, contact material or food source of or from which samples are procured;
the methods which are to be used in analysing or examining samples, or parts of samples, or in classifying the results of analyses or examinations;
the circumstances in which a food analyst or examiner is to be precluded, by reason of a conflict of interest, from analysing or examining a particular sample or part of a sample; and
the circumstances in which samples, or parts of samples, are to be or may be submitted for analysis or examination—
to the Government Chemist, or to such other food analyst or examiner as he may direct; or
to a person determined by or under the regulations.
In this section “food analyst” and “food examiner” have the same meanings as in section 30 above.
An authorised officer of an enforcement authority shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours— but admission to any premises used only as a private dwelling-house shall not be demanded as of right unless 24 hours’ notice of the intended entry has been given to the occupier.
to enter any premises within the authority’s area for the purpose of ascertaining whether there is or has been on the premises any contravention of the provisions of this Act, or of regulations or orders made under it; and
to enter any business premises, whether within or outside the authority’s area, for the purpose of ascertaining whether there is on the premises any evidence of any contravention within that area of any of such provisions; and
in the case of an authorised officer of a food authority, to enter any premises for the purpose of the performance by the authority of their functions under this Act;
If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry into any premises for any such purpose as is mentioned in subsection (1) above and either— the justice may by warrant signed by him authorise the authorised officer to enter the premises, if need be by reasonable force.
that admission to the premises has been refused, or a refusal is apprehended, and that notice of the intention to apply for a warrant has been given to the occupier; or
that an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent,
Every warrant granted under this section shall continue in force for a period of one month.
An authorised officer entering any premises by virtue of this section, or of a warrant issued under it, may take with him such other persons as he considers necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectively secured against unauthorised entry as he found them.
An authorised officer entering premises by virtue of this section, or of a warrant issued under it, may inspect any records (in whatever form they are held) relating to a food business and, where any such records are stored in any electronic form—
may have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and
may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require.
Any officer exercising any power conferred by subsection (5) above may—
seize and detain any records which he has reason to believe may be required as evidence in proceedings under any of the provisions of this Act or of regulations or orders made under it; and
where the records are stored in any electronic form, may require the records to be produced in a form in which they may be taken away.
If any person who enters any premises by virtue of this section, or of a warrant issued under it, discloses to any person any information obtained by him in the premises with regard to any trade secret, he shall, unless the disclosure was made in the performance of his duty, be guilty of an offence.
Nothing in this section authorises any person, except with the permission of the local authority under the Animal Health Act 1981, to enter any premises—
in which an animal or bird affected with any disease to which that Act applies is kept; and
which is situated in a place declared under that Act to be infected with such a disease.
In the application of this section to Scotland, any reference to a justice of the peace includes a reference to the sheriff and to a magistrate.
Any person who— shall be guilty of an offence.
intentionally obstructs any person acting in the execution of this Act; or
without reasonable cause, fails to give to any person acting in the execution of this Act any assistance or information which that person may reasonably require of him for the performance of his functions under this Act,
Any person who, in purported compliance with section 15C(1) above or any such requirement as is mentioned in subsection (1)(b) above— shall be guilty of an offence.
furnishes information which he knows to be false or misleading in a material particular; or
recklessly furnishes information which is false or misleading in a material particular,
Nothing in subsection (1)(b) , section 15C(1) or section 15D(2) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
No prosecution for an offence under this Act which is punishable under section 35(2) section 35(A1), (A2) or (2) below shall be begun after the expiry of— whichever is the earlier.
three years from the commission of the offence; or
one year from its discovery by the prosecutor,
A person guilty of an offence under section 33(1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
A person guilty of an offence under section 15B(5) above shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
A person guilty of any other offence under this Act shall be liable—
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both;
on summary conviction, to a fine not exceeding the relevant amount a fine or to imprisonment for a term not exceeding six months or to both.
A person guilty of an offence under section 15C(2) or 15D(3) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
In subsection (2) above “the relevant amount” means—
in the case of an offence under section 7 or 14 above, £20,000;
in any other case, the statutory maximum.
If a person who is— is convicted of an offence under Part II of this Act, the court may, in addition to any other punishment, cancel his licence or registration.
licensed under section 1 of the Slaughterhouses Act 1974 to keep a . . . knacker’s yard;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
licensed under section 6 of the Slaughter of Animals (Scotland) Act 1980 to use any premises as a knacker’s yard,
A person guilty of an offence under section 33(2), in so far as it relates to section 15C(1) or 15D(2), shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
any director, manager, secretary or other similar officer of the body corporate; or
any person who was purporting to act in any such capacity,
In subsection (1) above “director”, in relation to any body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.
Where an offence under this Act which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he, as well as the partnership shall be deemed to be guilty of that offence and liable to be proceeded against and punished accordingly.
Any person who is aggrieved by— may appeal to a magistrates’ court or, in Scotland, to the sheriff.
a decision of an authorised officer of an enforcement authority to serve an improvement notice;
a decision of an enforcement authority to refuse to issue such a certificate as is mentioned in section 11(6) or 12(8) above; or
subject to subsection (2) below, a decision of such an authority to refuse, cancel, suspend or revoke a licence required by regulations under Part II of this Act,
Subsection (1)(c) above shall not apply in relation to any decision as respects which regulations under Part II of this Act provide for an appeal to a tribunal constituted in accordance with the regulations.
The procedure on an appeal to a magistrates’ court under subsection (1) above, or an appeal to such a court for which provision is made by regulations under Part II of this Act, shall be by way of complaint for an order, and the Magistrates’ Courts Act 1980 shall apply to the proceedings.
An appeal to the sheriff under subsection (1) above, or an appeal to the sheriff for which provision is made by regulations under Part II of this Act, shall be by summary application.
The period within which such an appeal as is mentioned in subsection (3) or (4) above may be brought shall be— and, in the case of such an appeal as is mentioned in subsection (3) above, the making of the complaint shall be deemed for the purposes of this subsection to be the bringing of the appeal.
one month from the date on which notice of the decision was served on the person desiring to appeal; or
in the case of an appeal under subsection (1)(a) above, that period or the period specified in the improvement notice, whichever ends the earlier;
In any case where such an appeal as is mentioned in subsection (3) or (4) above lies, the document notifying the decision to the person concerned shall state—
the right of appeal to a magistrates’ court or to the sheriff; and
the period within which such an appeal may be brought.
A person who is aggrieved by— may appeal to the Crown Court.
any dismissal by a magistrates’ court of such an appeal as is mentioned in section 37(3) above; or
any decision of such a court to make a prohibition order or an emergency prohibition order, or to exercise the power conferred by section 35(4) above,
On an appeal against an improvement notice, the court may either cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the court may in the circumstances think fit.
Where, apart from this subsection, any period specified in an improvement notice would include any day on which an appeal against that notice is pending, that day shall be excluded from that period.
An appeal shall be regarded as pending for the purposes of subsection (2) above until it is finally disposed of, is withdrawn or is struck out for want of prosecution.
For the guidance of food authorities, the Secretary of State may issue codes of recommended practice as regards the execution and enforcement of this Act and of regulations and orders made under it; and any such code shall be laid before Parliament or in the case of a code which applies only to Scotland, before the Scottish Parliament after being issued.
In the exercise of the functions conferred on them by or under this Act, every food authority—
shall have regard to any relevant provision of any such code; and
shall comply with any direction which is given under this section and requires them to take any specified steps in order to comply with such a code.
The Food Standards Agency may, after consulting the Secretary of State, give a food authority a direction requiring them to take any specified steps in order to comply with a code under this section.
Any direction under subsection (1A) above shall, on the application of the Food Standards Agency, be enforceable by mandamus or, in Scotland, by an order of the Court of Session under section 45 of the Court of Session Act 1988.
Before issuing any code under this section, the Secretary of State shall
subject to subsection (4B) below, consult with such organisations as appear to . . . him to be representative of interests likely to be substantially affected by the code ; and.
have regard to any relevant advice given by the Food Standards Agency
Any consultation undertaken before the commencement of subsection (4) above shall be as effective, for the purposes of that subsection, as if undertaken after that commencement.
The Food Standards Agency shall consult the Secretary of State before making an application under subsection (3) above.
If it appears to the Secretary of State that the Food Standards Agency has undertaken any consultation with an organisation that he is required to consult under subsection (4) above, the Secretary of State may treat that consultation as being as effective for the purposes of that subsection as if undertaken by him.
Subsection (4)(a) above shall not apply in any case in which consultation is required by Article 9 of Regulation (EC) No. 178/2002.
In the application of this section to Scotland, the references to the Food Standards Agency are to be read as references to Food Standards Scotland.
Every food authority shall send to the Secretary of Stateor to the Food Standards Agencysuch reports and returns, and give him or it such information, with respect to the exercise of the functions conferred on them by or under this Act as he or it may require.
In the application of this section to Scotland, the references to the Food Standards Agency are to be read as references to Food Standards Scotland.
Where the Secretary of State is satisfied that— he may by order empower another food authority or the Food Standards Agency (in this section referred to as “the substitute authority”), or a person (whether or not an officer of his) who is authorised by him in writing to do so, to discharge that duty in place of the authority in default but if regulations made by the Ministers so provide, no person shall be so authorised unless he has such qualifications as may be prescribed by the regulations..
a food authority (in this section referred to as “the authority in default”) have failed to discharge any duty imposed by or under this Act; and
the authority’s failure affects the general interests of consumers of food,
For the purpose of determining whether the power conferred by subsection (1) above is exercisable, the Minister may cause a local inquiry to be held; and where he does so, the relevant provisions of the Local Government Act shall apply as if the inquiry were a local inquiry held under that Act.
In the application of subsection (1) to Scotland, the reference to the Food Standards Agency is to be read as a reference to Food Standards Scotland.
Nothing in subsection (1) above affects any other power exercisable by the Minister with respect to defaults of local authorities.
The substitute authority or the Secretary of State may recover from the authority in default any expenses reasonably incurred by them or him under subsection (1) above; and for the purpose of paying any such amount the authority in default may—
raise money as if the expenses had been incurred directly by them as a local authority; and
if and to the extent that they are authorised to do so by the Minister, borrow money in accordance with the statutory provisions relating to borrowing by a local authority.
In this section “the relevant provisions of the Local Government Act” means subsections (2) to (5) of section 250 of the Local Government Act 1972 in relation to England and Wales and subsections (3) to (8) of section 210 of the Local Government (Scotland) Act 1973 in relation to Scotland.
This section shall have effect on the death of any person who—
is registered in respect of any premises in accordance with regulations made under Part II of this Act; or
holds a licence issued in accordance with regulations so made.
The registration or licence shall subsist for the benefit of the deceased’s personal representative, or widow or widower or surviving civil partner or any other member of the deceased’s family, until the end of—
the period of three months beginning with the deceased’s death; or
such longer period as the enforcement authority may allow.
An officer of a food authority is not personally liable in respect of any act done by him— if he did that act in the honest belief that his duty under this Act required or entitled him to do it.
in the execution or purported execution of this Act; and
within the scope of his employment,
Nothing in subsection (1) above shall be construed as relieving any food authority from any liability in respect of the acts of their officers.
Where an action has been brought against an officer of a food authority in respect of an act done by him— the authority may indemnify him against the whole or a part of any damages which he has been ordered to pay or any costs which he may have incurred if they are satisfied that he honestly believed that the act complained of was within the scope of his employment.
in the execution or purported execution of this Act; but
outside the scope of his employment,
A public analyst appointed by a food authority shall be treated for the purposes of this section as being an officer of the authority, whether or not his appointment is a whole-time appointment.
The Secretary of State may make regulations requiring or authorising charges to be imposed by enforcement authorities in respect of things done or to be done by them which they are required or authorised to do by or under this Act.
Regulations under this section may include such provision as the Secretary of State see fit as regards charges for which the regulations provide and the recovery of such charges; and nothing in the following provisions shall prejudice this.
Regulations under this section may provide that the amount of a charge (if imposed) is to be at the enforcement authority’s discretion or to be at its discretion subject to a maximum or a minimum.
Regulations under this section providing that a charge may not exceed a maximum amount, or be less than a minimum amount, may—
provide for one amount, or a scale of amounts to cover different prescribed cases; and
prescribe, as regards any amount, a sum or a method of calculating the amount.
Any expenses which are incurred under this Act by an authorised officer of a food authority in procuring samples, and causing samples to be analysed or examined, shall be defrayed by that authority.
Any expenses incurred by a county council in the enforcement and execution of any provision of this Act, or of any regulations or orders made under it, shall, if the Secretary of State so directs, be defrayed as expenses for special county purposes charged on such part of the county as may be specified in the direction.
There shall be paid out of money provided by Parliament to the chairman of any tribunal constituted in accordance with regulations under this Act such remuneration (by way of salary or fees) and such allowances as the Secretary of State may with the approval of the Treasury determine.
Any power of the Secretary of State to make regulations or an order under this Act includes power—
to apply, with modifications and adaptations, any other enactment (including one contained in this Act) which deals with matters similar to those being dealt with by the regulations or order;
to make different provision in relation to different cases or classes of case (including different provision for different areas or different classes of business); and
to provide for such exceptions, limitations and conditions, and to make such supplementary, incidental, consequential or transitional provisions, as the Secretary of State considers necessary or expedient.
Any power of the Secretary of State to make regulations or orders under this Act shall be exercisable by statutory instrument.
Any statutory instrument containing— shall , unless the instrument contains regulations which include provision made by virtue of section 16(3A), be subject to annulment in pursuance of a resolution of either House of Parliament.
regulations under this Act; or
an order under this Act other than an order under section 60(3) below,
Subject to subsection (4C) below, Before making— the Secretary of State shall consult with such organisations as appear to them to be representative of interests likely to be substantially affected by the regulations or order.
any regulations under this Act, other than regulations under section 17(2) or 18(1)(c) above; or
any order under Part I of this Act,
A statutory instrument containing regulations which include provision made by virtue of section 16(3A) may not be made by the Secretary of State unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Any consultation undertaken before the commencement of subsection (4) above shall be as effective, for the purposes of that subsection, as if undertaken after that commencement.
A statutory instrument containing regulations which include provision made by virtue of section 16(3A) may not be made by the Welsh Ministers unless a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru.
Regulations made by the Scottish Ministers which include provision made by virtue of section 16(3A) are subject to the affirmative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).
Before making any regulations or order under this Act, the Secretary of State shall have regard to any relevant advice given by the Food Standards Agency.
If it appears to the Secretary of State that the Food Standards Agency has undertaken any consultation with an organisation that he is required to consult under subsection (4) above, the Secretary of State may treat that consultation as being as effective for the purposes of that subsection as if undertaken by him.
Subsection (4) above shall not apply in any case in which consultation is required by Article 9 of Regulation (EC) No. 178/2002.
In the application of this section to Scotland, the references to the Food Standards Agency are to be read as references to Food Standards Scotland.
The following shall be in writing, namely—
all documents authorised or required by or under this Act to be given, made or issued by a food authority; and
all notices and applications authorised or required by or under this Act to be given or made to, or to any officer of, such an authority.
The Secretary of State may by regulations prescribe the form of any document to be used for any of the purposes of this Act and, if forms are so prescribed, those forms or forms to the like effect may be used in all cases to which those forms are applicable.
Any document which a food authority are authorised or required by or under this Act to give, make or issue may be signed on behalf of the authority—
by the proper officer of the authority as respects documents relating to matters within his province; or
by any officer of the authority authorised by them in writing to sign documents of the particular kind or, as the case may be, the particular document.
Any document purporting to bear the signature of an officer who is expressed— shall for the purposes of this Act, and of any regulations and orders made under it, be deemed, until the contrary is proved, to have been duly given, made or issued by authority of the food authority.
to hold an office by virtue of which he is under this section empowered to sign such a document; or
to be duly authorised by the food authority to sign such a document or the particular document,
In this section—
“food business” means any business in the course of which commercial operations with respect to food or food sources are carried out;
“slaughterhouse” means a place for slaughtering animals, the flesh of which is intended for sale for human consumption, and includes any place available in connection with such a place for the confinement of animals while awaiting slaughter there or for keeping, or subjecting to any treatment or process, products of the slaughtering of animals there;
Any document which is required or authorised by or under this Act to be given to or served on any person may, in any case for which no other provision is made by this Act, be given or served either—
by delivering it to that person;
in the case of an authorised officer of an enforcement authority, by leaving it, or sending it in a prepaid letter addressed to him, at his office;
in the case of an incorporated company or body, by delivering it to their secretary or clerk at their registered or principal office, or by sending it in a prepaid letter addressed to him at that office; or
in the case of any other person, by leaving it, or sending it in a prepaid letter addressed to him, at his usual or last known residence.
Where a document is to be given to or served on the owner or the occupier of any premises and it is not practicable after reasonable inquiry to ascertain the name and address of the person to or on whom it should be given or served, or the premises are unoccupied, the document may be given or served by addressing it to the person concerned by the description of “owner” or “occupier” of the premises (naming them) and—
by delivering it to some person on the premises; or
if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.
Part I of the Food and Environment Protection Act 1985 (contamination of food) shall have effect, and shall be deemed always to have had effect, subject to the amendments specified in subsection (2) below.
The amendments referred to in subsection (1) above are—
in subsection (1) of section 1 (power to make emergency orders), the substitution for paragraph (a) of the following paragraph—;
in subsection (2) of that section, the omission of the definition of “escape”;
the substitution for subsection (5) of that section of the following subsection—;
in section 2(3) (powers when emergency order has been made), the substitution for the words “a designated incident” of the words “ designated circumstances ”;
in paragraph (a) of subsection (1) of section 4 (powers of officers), the substitution for the words “an escape of substances” of the words “ such circumstances as are mentioned in section 1(1) above ”; and
in paragraphs (b) and (c) of that subsection, the substitution for the words “the designated incident” of the words “ the designated circumstances ”.
In the Food Act 1984 (in this Act referred to as “the 1984 Act”)— shall have effect subject to the amendments specified in Schedule 2 to this Act.
Part III (markets); and
Part V (sugar beet and cold storage),
In this Act, unless the context otherwise requires—
“proprietor”, in relation to a food business, means the person by whom that business is carried on;
“ship” includes any vessel, boat or craft, and a hovercraft within the meaning of the Hovercraft Act 1968, and “master” shall be construed accordingly;
“occupier”, in relation to any ship or aircraft of a description specified in an order made under section 1(3) above or any vehicle, stall or place, means the master, commander or other person in charge of the ship, aircraft, vehicle, stall or place;
The following Table shows provisions defining or otherwise explaining expressions used in this Act (other than provisions defining or explaining an expression used only in the same section)— authorised officer of a food authority section 5(6) Authorised officer of an enforcement authority section 6(6) business section 1(3) commercial operation section 1(3) and (4) contact material section 1(3) emergency control order section 13(1) emergency prohibition notice section 12(1) emergency prohibition order section 12(2) enforcement authority section 6(1) examination and examine section 28(2) food section 1(1) food authority section 5 food business section 1(3) food information section 15A food information law section 15A food premises section 1(3) food safety requirements section 8 food source section 1(3) improvement notice section 10(1) . . . . . . . . . . . . . . . . . . premises section 1(3) prohibition order section 11(5) public analyst section 27(1) Regulation ( EC ) No. 178/2002 section 1(2) sale and related expressions section 2 unfit for human consumption section 8(4)
Any reference in this Act to regulations or orders made under it shall be construed as a reference to regulations or orders made under this Act by the Secretary of State.
For the purposes of this Act, any class or description may be framed by reference to any matters or circumstances whatever, including in particular, in the case of a description of food, the brand name under which it is commonly sold.
Where, apart from this subsection, any period of less than seven days which is specified in this Act would include any day which is— that day shall be excluded from that period.
a Saturday, a Sunday, Christmas Day or Good Friday; or
a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of Great Britain concerned,
Subject to the provisions of this section, the provisions of this Act and of regulations and orders made under it shall bind the Crown.
No contravention by the Crown of any provision of this Act or of any regulations or order made under it shall make the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may, on the application of an enforcement authority, declare unlawful any act or omission of the Crown which constitutes such a contravention.
Notwithstanding anything in subsection (2) above, the provisions of this Act and of regulations and orders made under it shall apply to persons in the public service of the Crown as they apply to other persons.
If the Secretary of State certifies that it appears to him requisite or expedient in the interests of national security that the powers of entry conferred by section 32 above should not be exercisable in relation to any Crown premises specified in the certificate, those powers shall not be exercisable in relation to those premises; and in this subsection “Crown premises” means premises held or used by or on behalf of the Crown.
Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity; and this subsection shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.
Nothing in Part 2 of this Act or any regulations or order made under that Part shall apply in relation to the supply of water to any premises, whether—
Nothing in Part II of this Act or any regulations or order made under that Part shall apply in relation to the supply of water to any premises, whether by a water undertaker or by means of a private supply (within the meaning of Chapter II of Part II of the Water Act 1989).
by a water undertaker;
In the following provisions of that Act, namely— section 52 (duties of water undertakers with respect to water quality); section 53 (regulations for preserving water quality); and section 64 (additional powers of entry for the purposes of Chapter II), for the words “domestic purposes”, wherever they occur, there shall be substituted the words “domestic or food production purposes”.
by a water supply licensee (within the meaning of the Water Industry Act 1991); or
In subsection (2) of section 56 of that Act (general functions of local authorities in relation to water quality), for the words “domestic purposes” there shall be substituted the words “domestic or food production purposes” and for the words “those purposes” there shall be substituted the words “domestic purposes”.
by means of a private supply (within the meaning of Part 3 of that Act).
In subsection (1) of section 57 of that Act (remedial powers of local authorities in relation to private supplies), for the words “domestic purposes”, in the first place where they occur, there shall be substituted the words “domestic or food production purposes”.
In subsection (1) of section 66 of that Act (interpretation etc. of Chapter II), after the definition of “consumer” there shall be inserted the following definition—.
After that subsection there shall be inserted the following subsection—
Nothing in Part II of this Act or any regulations or order made under that Part shall apply in relation to the supply of water to any premises, whether by Scottish Water or by means of a private supply (within the meaning of Part VIA of the Water (Scotland) Act 1980).
In the following provisions of that Act, namely— section 76A (duties of water authorities with respect to water quality); and section 76B (regulations for preserving water quality), for the words “domestic purposes”, wherever they occur, there shall be substituted the words “ domestic or food production purposes ”.
In subsection (2) of section 76F of that Act (general functions of local authorities in relation to water quality), for the words “domestic purposes” there shall be substituted the words “ domestic or food production purposes ” and for the words “those purposes” there shall be substituted the words “ domestic purposes ”.
In subsection (1) of section 76G of that Act (remedial powers of local authorities in relation to private supplies), for the words “domestic purposes”, in the first place where they occur, there shall be substituted the words “ domestic or food production purposes ”.
“food production purposes” shall be construed in accordance with subsection (1A) below;
After that subsection there shall be inserted the following subsection—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Her Majesty may by Order in Council direct that any of the provisions of this Act shall extend to any of the Channel Islands with such exceptions and modifications (if any) as may be specified in the Order.
For the purposes of this Act the territorial waters of the United Kingdom adjacent to any part of Great Britain shall be treated as situated in that part.
An Order in Council under section 11 of the Petroleum Act 1998(application of civil law) may make provision for treating for the purposes of food safety legislation— as if they were situated in a specified part of the United Kingdom and for modifying such legislation in its application to such installations and safety zones.
any installation which is in waters to which that section applies; and
any safety zone around any such installation,
Such an Order in Council may also confer on persons of a specified description the right to require, for the purpose of facilitating the exercise of specified powers under food safety legislation—
conveyance to and from any installation, including conveyance of any equipment required by them; and
the provision of reasonable accommodation and means of subsistence while they are on any installation.
In this section—
The enactments mentioned in Schedule 3 to this Act shall have effect subject to the amendments there specified (being minor amendments and amendments consequential on the preceding provisions of this Act).
The Secretary of State may by order make such modifications of local Acts, and of subordinate legislation (within the meaning of the Interpretation Act 1978), as appear to them to be necessary or expedient in consequence of the provisions of this Act.
The transitional provisions and savings contained in Schedule 4 to this Act shall have effect; but nothing in this subsection shall be taken as prejudicing the operation of sections 16 and 17 of the said Act of 1978 (which relate to the effect of repeals).
The enactments mentioned in Schedule 5 to this Act (which include some that are spent or no longer of practical utility) are hereby repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Food Safety Act 1990.
The following provisions shall come into force on the day on which this Act is passed, namely— section 13; section 51; and paragraphs 12 to 15 of Schedule 2 and, so far as relating to those paragraphs, section 52.
Subject to subsection (2) above, this Act shall come into force on such day as the Ministers may by order appoint, and different days may be appointed for different provisions or for different purposes.
An order under subsection (3) above may make such transitional adaptations of any of the following, namely— as appear to the Ministers to be necessary or expedient in consequence of the partial operation of this Act.
the provisions of this Act then in force or brought into force by the order; and
the provisions repealed by this Act whose repeal is not then in force or so brought into force,
This Act, except— this section; section 51, section 58(2) to (4); and paragraphs 7, 29 and 30 of Schedule 3 and, so far as relating to those paragraphs, section 59(1), does not extend to Northern Ireland.