- Latest available (Revised)
- Original (As enacted)
Food Safety Act 1990
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes over time for: Section 34
Alternative versions:
- 01/02/1991- Amendment
- 04/10/2004- Amendment
- 15/11/2004- Amendment
- 17/12/2004- Amendment
- 01/01/2005- Amendment
- 29/04/2005- Amendment
- 24/06/2005- Amendment
- 20/05/2006- Amendment
- 30/06/2006- Amendment
- 07/08/2007- Amendment
- 01/10/2007- Amendment
- 31/07/2009- Amendment
- 20/01/2010- Amendment
- 20/01/2011- Amendment
- 01/07/2011- Amendment
- 05/10/2013- Amendment
- 31/10/2013- Amendment
- 01/04/2015- Amendment
- 01/10/2022- Amendment
- 30/06/2023- Amendment
Changes to legislation:
Food Safety Act 1990, Section 34 is up to date with all changes known to be in force on or before 31 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 34:
- s. 34 applied by S.I. 2009/3378 reg. 16(4)
- s. 37(2)(a) repealed by 2007 c. 15 Sch. 23 Pt. 1
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 37(2)(a) repealed by 2007 c. 15 Sch. 23 Pt. 1
34 Time limit for prosecutions.E+W+S
No prosecution for an offence under this Act which is punishable under [F1section 35(2)] [F1 section 35(A1), (A2) or (2) ] below shall be begun after the expiry of—
(a)three years from the commission of the offence; or
(b)one year from its discovery by the prosecutor,
whichever is the earlier.
Textual Amendments
F1Words in s. 34 substituted (S.) (1.4.2015) by Food (Scotland) Act 2015 (asp 1), s. 63(2), sch. para. 3(5) (with s. 62); S.S.I. 2015/99, art. 2
Modifications etc. (not altering text)
C1S. 34 applied (with modifications) (1.1.1993 for certain purposes and 15.1.1993 otherwise) by S.I. 1992/3163, regs. 1, 18(1) (which S.I. was revoked (29.4.1998) by S.I. 1998/994, reg. 59(1), Sch. 5)
S. 34 applied (with modifications) (1.1.1993 for certain purposes and 15.1.1993 otherwise) by S.I. 1992/3164, regs. 1, 19(1) (which S.I. was revoked (29.4.1998) by S.I. 1998/994, reg. 59(1), Sch. 5)
S. 34 applied (14.7.1993) by S.I. 1993/1520, reg. 2(5)
S. 34 applied (with modifications) (15.9.1995) by S.I. 1995/1763, reg. 7(g)
S. 34 applied (with modifications) (15.9.1995) by S.I. 1995/2200, reg. 18
S. 34 applied (with modifications) (17.11.1997) by S.I. 1997/2537, reg. 9
S. 34 applied (with modifications) (29.4.1998) by S.I. 1998/994, reg. 55(1)(f)
C2S. 34 applied (E.) (4.10.2004) by Genetically Modified Food (England) Regulations 2004 (S.I. 2004/2335), regs. 1(b), 6(2)
C3S. 34 applied (with modifications) (15.11.2004) by Genetically Modified Food (Scotland) Regulations 2004 (S.S.I. 2004/432), regs. 1(1), 6(2)
C4S. 34 applied (17.12.2004) by Genetically Modified Food (Wales) Regulations 2004 (S.I. 2004/3220), regs. 1(b), 6(2)
C5S. 34 applied (with modifications) (1.1.2005) by General Food Regulations 2004 (S.I. 2004/3279), regs. 1, 7(4)
C6S. 34 extended (29.4.2005) by Materials and Articles in Contact with Food (England) Regulations 2005 (S.I. 2005/898), regs. 1, 14(4)
C7S. 34 applied (24.6.2005) by The Materials and Articles in Contact with Food (Wales) Regulations 2005 (S.I. 2005/1647), regs. 1, 14(4) (with reg. 3)
C8S. 34 applied (with modifications) (20.5.2006) by Ceramic Articles In Contact With Food (England) Regulations 2006 (S.I. 2006/1179), regs. 1(1), 7(d)
C9S. 34 applied (with modifications) (20.5.2006) by Ceramic Articles in Contact with Food (Scotland) Regulations 2006 (S.S.I. 2006/230), regs. 1(2), 7
C10S. 34 applied (with modifications) (30.6.2006) by Ceramic Articles in Contact with Food (Wales) Regulations 2006 (S.I. 2006/1704), regs. 1(1), 7(1)(d)
C11S. 34 applied (with modifications) (7.8.2007) by Addition of Vitamins, Minerals and Other Substances (England) Regulations 2007 (S.I. 2007/1631), regs. 1, 5(g)
C12S. 34 applied (with modifications) (7.8.2007) by Addition of Vitamins, Minerals and Other Substances (Wales) Regulations 2007 (S.I. 2007/1984), regs. 1, 5(g)
C13S. 34 applied (with modifications) (7.8.2007) by Addition of Vitamins, Minerals and Other Substances (Scotland) Regulations 2007 (S.S.I. 2007/325), regs. 1(1), 5(g)
C14S. 34 applied (with modifications) (1.10.2007) by Nutrition and Health Claims (Scotland) Regulations 2007 (S.S.I. 2007/383), regs. 1(1), 6(g)
C15S. 34 applied (with modifications) (1.10.2007) by Nutrition and Health Claims (Wales) Regulations 2007 (S.I. 2007/2611), regs. 1, 6(g)
C16S. 34 applied (with modifications) (1.10.2007) by Nutrition and Health Claims (England) Regulations 2007 (S.I. 2007/2080), regs. 1, 6(g)
C17S. 34 applied (31.7.2009) by The Food Irradiation (Wales) Regulations 2009 (S.I. 2009/1795), regs. 1(1), 11(3) (with reg. 2)
C18S. 34 applied (31.7.2009) by The Food Irradiation (England) Regulations 2009 (S.I. 2009/1584), regs. 1, 11(3) (with reg. 2)
C19S. 34 applied (20.1.2010) by Food Additives (Scotland) Regulations 2009 (S.S.I. 2009/436), regs. 1(1), 16(4)
C20S. 34 applied (20.1.2010) by Food Additives (England) Regulations 2009 (S.I. 2009/3238), regs. 1, 16(4)
C21S. 34 applied (20.1.2010) by Food Enzymes (Scotland) Regulations 2009 (S.S.I. 2009/435), regs. 1, 5(4)
C22S. 34 applied (20.1.2010) by Food Enzymes Regulations 2009 (S.I. 2009/3235), regs. 1(1), 5(4)
C23S. 34 applied (with modifications) (20.1.2011) by The Flavourings in Food (Wales) Regulations 2010 (S.I. 2010/2922), regs. 1, 5(4)
C24S. 34 applied (20.1.2011) by The Flavourings in Food (England) Regulations 2010 (S.I. 2010/2817), regs. 1(c), 5(4)
C25S. 34 applied (S.) (20.1.2011) by The Flavourings in Food (Scotland) Regulations 2010 (S.S.I. 2010/439), regs. 1, 5(4)
C26S. 34 applied (with modifications) (W.) (1.7.2011) by The Plastic Kitchenware (Conditions on Imports from China) (Wales) Regulations 2011 (S.I. 2011/1605), regs. 1(2), 11(4)
C27S. 34 applied (E.) (1.7.2011) by The Plastic Kitchenware (Conditions on Imports from China) (England) Regulations 2011 (S.I. 2011/1517), regs. 1, 11(4)
C28S. 34 applied (S.) (1.7.2011) by The Plastic Kitchenware (Conditions on Imports from China) (Scotland) Regulations 2011 (S.S.I. 2011/282), regs. 1, 11(4)
C29S. 34 applied (5.10.2013) by The Fish Labelling (Scotland) Regulations 2013 (S.S.I. 2013/256), regs. 1, 7(3)
C30S. 34 applied (with modifications) (31.10.2013) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013 (S.I. 2013/2210), regs. 1, 19(3)
C31S. 34 applied (31.10.2013) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (Wales) Regulations 2013 (S.I. 2013/2591), regs. 1, 19(3)
C32S. 34 applied (31.10.2013) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013 (S.S.I. 2013/266), regs. 1, 17(3)
C33S. 34 power to apply in part for certain purposes conferred (1.4.2015) by Food (Scotland) Act 2015 (asp 1), ss. 49(2)(c)(vi), 63(2) (with s. 62); S.S.I. 2015/99, art. 2
C34S. 34 applied (with modifications) (E.) (1.10.2022) by The Food (Promotion and Placement) (England) Regulations 2021 (S.I. 2021/1368), regs. 1(1), 16(1)(2)(h)
C35S. 34 applied (with modifications) (S.) (30.6.2023) by The Food (Scotland) Act 2015 (Compliance Notices) Regulations 2023 (S.S.I. 2023/161), regs. 1(2), 3(b)
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThe Whole Cross Heading
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.