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The Food Safety Act 1990 (Consequential Modifications) (England and Wales) Order 1990

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Miscellaneous consequential modifications

18.—(1) In the Public Health (Shell-fish) Regulations 1934(1)—

(a)in regulation 2(2) for the definition of “local authority” there shall be substituted the following definition—

“food authority” means a port health authority, the Common Council of the City of London, the council of a metropolitan district, the council of a London borough and the council of a district;;

(b)for the words “port sanitary authority” in each place where they occur there shall be substituted the words “port health authority”; and

(c)for the words “local authority” in each place where they occur there shall be substituted the words “food authority”.

(2) In the Ice-Cream (Heat Treatment, etc.) Regulations 1959(2) in regulation 2(1) for the definition of “home-going ship” there shall be substituted the following definition—

“home-going ship” means a ship plying exclusively in inland waters, or engaged exclusively in coastal excursions; and for the purpose of this definition “inland waters” means any canal, river, lake, navigation or estuary, and “coastal excursion” means an excursion lasting not more than one day which starts and ends in Great Britain and does not involve calling at any place outside Great Britain;.

(3) In the Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations 1966(3) for regulation 24(1)(c)(ii) there shall be substituted the following provision—

(ii)provided for use by persons employed at premises occupied by the Crown, or.

(4) In the Food Hygiene (General) Regulations 1970(4) in regulation 8(2) for the words “under section 16 of the Act” there shall be substituted the words “with a food authority”.

(5) In the Poultry Meat (Hygiene) Regulations 1976(5) in regulation 2(1) in the definition of “inspector” for the words “section 86(4) of the Act and the Authorised Officers (Meat Inspection) Regulations 1974 as amended” there shall be substituted the words “section 5(6) of the Act and the Authorised Officers (Meat Inspection) Regulations 1987”.

(6) In the Condensed Milk and Dried Milk Regulations 1977(6) and in the Caseins and Caseinates Regulations 1985(7) for paragraphs (a) and (b) of regulations 9A and 6A respectively, there shall be substituted the following words—

“the powers of an authorised officer of an enforcement authority under section 29 of the Act and the duties of such an officer under any Regulations made under the Act.”.

(7) In the Slaughterhouses (Hygiene) Regulations 1977(8) in regulation 2(1) in the definition of “authorised officer” for the words “section 86 of the Food and Drugs Act 1955” there shall be substituted the words “section 5(6) of the Act”.

(8) In the Authorised Officers (Meat Inspection) Regulations 1987(9) in regulation 2 for the words “Pursuant to section 73(2) of the Food Act 1984 any officer of a council” there shall be substituted the words “Pursuant to section 5(6) of the Food Safety Act 1990 any officer of a food authority”.

(9) In the Fresh Meat Export (Hygiene and Inspection) Regulations 1987(10) in regulation 2(1) in the definition of “inspector” for the words “section 73 of the Act” there shall be substituted the words “section 5(6) of the Act”.

(10) In the Preservatives in Food Regulations 1989(11) in regulation 8(1) the words after “such substance present” to the end shall cease to have effect and there shall be substituted the following—

“the power of an authorised officer of an enforcement authority under section 29 of the Act to procure samples and the duties of such an officer under any Regulations made under the Act shall be exercised in accordance with Part I of Schedule 4.”.

(11) In the Spirit Drinks Regulations 1990(12) in regulation 4(1) for the word “council” in each place where it occurs there shall be substituted the words “food authority or port health authority”.

(12) In the Tryptophan in Food Regulations 1990(13) in regulation 5 for the words “food and drugs authority” there shall be substituted the words “drugs authority”.

(1)

S.R. & O. 1934/1342; relevant amending instrument is S.I. 1982/1727.

(2)

S.I. 1959/734; relevant amending instrument is S.I. 1962/1287.

(3)

S.I. 1966/791; relevant amending instrument is S.I. 1966/1487.

(4)

S.I. 1970/1172 (to which there are amendments not relevant to this Order).

(5)

S.I. 1976/1209; relevant amending instrument is S.I. 1982/1727.

(6)

S.I. 1977/928; relevant amending instrument is S.I. 1989/1959.

(7)

S.I. 1985/2026 as amended by S.I. 1989/2321.

(8)

S.I. 1977/1805 (to which there are amendments not relevant to this Order).

(11)

S.I. 1989/533 (to which there are amendments not relevant to this Order).

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