Food and Environment Protection Act 1985

2 Powers of Ministers when emergency order has been made. U.K.

(1) [F1 A designating authority][F2 or the Food Standards Agency] may consent, either unconditionally or subject to any condition that [F3 the authority giving the consent] considers appropriate, to the doing in a particular case of anything prohibited by an emergency order.

(2) It shall be a defence for a person charged with an offence under section 1(6) above to show—

(a) that consent had been given under subsection (1) above to the contravention of the emergency prohibition ; and

(b) that any condition subject to which that consent had been given was complied with.

(3) [F1 A designating authority][F4 or the Food Standards Agency]—

(a) may give any person such directions as appear to [F5 the authority giving the directions] to be necessary or expedient for the purpose of preventing human consumption of food which [F5 the authority giving the directions] believes, on reasonable grounds, is, or may be, or may become, unsuitable for human consumption in consequence of [F6 designated circumstances]; and

(b) may do anything which appears to [F1 the designating authority][F7 or the Agency (as the case may be)]to be necessary or expedient for that purpose ;

and such directions may be given and such action may be taken after the emergency order has ceased to be in force.

(4) Any person who—

(a) fails to comply with a direction under this section ; or

(b) causes or permits any other person to do so,

shall be guilty of an offence.

(5) If [F1 a designating authority][F8 or the Food Standards Agency]does anything by virtue of this section in consequence of a failure on the part of any person to comply with such a direction, [F9 the authority taking that action] may recover from that person any expenses reasonably incurred by [F10 that authority] under this section.

(6) If [F1 a designating authority][or the Food Standards Agency]does anything by virtue of this section in consequence of any person causing or permitting another person to fail to comply with such a direction, [F9 the authority taking that action] may recover from the person who caused or permitted the failure to comply any expenses reasonably incurred by [F10 that authority] under this section.

[F11 (7) In the application of this section to Scotland, the references to the Food Standards Agency are to be ignored.]

Textual Amendments

F1 Words in s. 2 substituted (30.6.1999) by S.I. 1999/1756, art. 2, Sch. para. 10(5) (with art. 8); S.I. 1998/3178

F2 Words in s. 2(1) inserted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 6(4)(a)(i) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F3 Words in s. 2(1) substituted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 6(4)(a)(ii) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F4 Words in s. 2(3) inserted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 6(4)(b)(i) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F5 Words in s. 2(3) substituted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 6(4)(b)(ii) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F6 Words substituted (retrosp.) by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 51(1)(2)(d), 54

F7 Words in s. 2 inserted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 6(4)(b)(iii) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F8 Words in s. 2(5)(6) inserted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 6(4)(c)(i) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F9 Words in s. 2(5)(6) substituted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 6(4)(c)(ii) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F10 Words in s. 2(5)(6) substituted (1.4.2000) by 1999 c. 28, ss. 40(1)(2), Sch. 5 para. 6(4)(c)(iii) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F11 S. 2(7) inserted (S.) (1.4.2015) by Food (Scotland) Act 2015 (asp 1), s. 63(2), Sch. para. 2(3) (with s. 62); S.S.I. 2015/99, art. 2

Modifications etc. (not altering text)

C1 S. 2 amended (1.4.2000) by 1999 c. 28, s. 18, Sch. 3 Pt. III para. 16(2) (with s. 38); S.I. 2000/1066, art. 2