Food Act 1984

39 Restrictions. E+W

(1) A person is guilty of an offence who for the purpose of the sale or advertisement of any milk uses a special designation in any manner calculated to suggest that it refers to that milk, unless he holds a licence authorising the use of that designation in connection with that milk.

For the purpose of a sale or advertisement of milk as, or as part of, a meal or refreshments, a special designation may be used by a person who does not hold a licence authorising the use of that designation in connection with the milk if—

(a) the milk is milk bought by him; and

(b) that designation was used for the purpose of the sale of milk to him.

(2) A person is quilty of an offence who, for the purpose of the sale or advertisement of any milk, refers to that milk by any such description, not being a special designation, as is calculated falsely to suggest—

(a) that there is in force a licence authorising the use of a special designation in connection with that milk; or

(b) that the milk is tested, approved or graded by any competent person; or

(c) that the cows from which the milk is derived are free from the infection of tuberculosis or of any other disease.

(3) In any proceedings taken under subsection (2) it rests on the person charged to prove the truth of any suggestion which, in the court’s opinion, his acts or conduct, as proved by the prosecution, are or is calculated to convey.

(4) Where there has been a breach of a condition subject to which a licence authorising the use of a special designation is granted, but the licence has not been revoked or suspended, the breach shall not be treated as rendering the use of the designation unauthorised for any of the purposes of this section or of any other provision of this Act.

(5) Section 47 applies for the interpretation of the references in this section to selling milk, but as if the definition of milk in that section were omitted.