The Food (Northern Ireland) Order 1989

PART I INTRODUCTORY

Title and commencement

1.—(1) This Order may be cited as the Food (Northern Ireland) Order 1989.

(2) This Order shall come into operation on the expiration of three months from the day on which it is made.

Interpretation

2.—(1) The Interpretation Act (Northern Ireland) 1954(1) shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

“advertisement” includes any notice, circular, label, wrapper, invoice or other document, and any public announcement made orally or by any means of producing or transmitting light or sound;

“analysis” includes micro-biological assay but no other form of biological assay;

“animal” does not include bird or fish;

“article” does not include a live animal or bird;

“authorised officer” has the meaning assigned to that expression by Article 35;

“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 district council or other public authority;

“container” includes any basket, pail, tray, package or receptacle of any kind, whether open or closed;

“cream” means that part of milk rich in fat which has been separated by skimming or otherwise;

“the Department” means the Department of Health and Social Services;

“drug” includes medicine for internal or external use;

“food” includes drink, chewing gum, and other products of a like nature and use, and articles and substances used as ingredients in the preparation of food or drink or all such products, but does not include—

(a)

water, live animals or birds;

(b)

fodder or feeding stuffs for animals, birds or fish; or

(c)

articles or substances used only as drugs;

“food business” means any business for the purposes of which food intended for sale, or sold, for human consumption, is prepared, transported, stored, packaged, wrapped, exposed for sale, served or delivered;

“human consumption” includes use in the preparation of food for human consumption;

“ice-cream” includes any similar commodity;

“knackery” has the meaning assigned to that expression by Article 14(2);

“milk” includes cream and separated milk, but does not include dried milk or condensed milk;

“officer” includes servant;

“premises” means a building or part of a building, and any forecourt, yard or place of storage used in connection with a building or part of a building;

“preparation”, in relation to food, includes manufacture and any form of treatment, and “preparation for sale” includes packaging;

“prescribed” means prescribed by regulations made by the Department;

“public analyst” has the meaning assigned to that expression by Article 36;

“purveyor”, in relation to milk, includes any person who sells milk, whether wholesale or by retail;

“sampling officer” has the meaning assigned to that expression by Article 38;

“sanitary convenience” means a closet, privy or urinal;

“separated”, in relation to milk, includes skimmed;

“statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954(2);

“substance” includes a liquid.

(3) For the purposes of this Order, other than Articles 16, 18 and 19(1)(b),—

(a) the supply of food for human consumption, otherwise than by sale, at, in or from any place where food is supplied in the course of a business, shall be deemed to be a sale of that food, and references to purchasers shall be construed accordingly;

(b) where in connection with any business in the course of which food is supplied the place where the food is served is different from the place where the food is consumed, both those places shall be deemed to be places in which food is sold.

(4) For the purposes of section 42(2) of the Northern Ireland Constitution Act 1973(3) (validity of Acts of the Parliament of Northern Ireland), provisions of this Order which re-enact provisions of an Act of the Parliament of Northern Ireland shall be deemed to be provisions of such an Act.

(5) Provisions of this Order which re-enact provisions of orders made under any statutory provision shall have no greater effect by virtue of their re-enactment.

(1)

1954 c. 33 (N.I.)

(2)

1954 c. 33 (N.I.)

(3)

1973 c. 36