The Food (Northern Ireland) Order 1989 No. 846 (NI. 6) xmlns:atom="http://www.w3.org/2005/Atom"
Introductory Text
PART I INTRODUCTORY
1.Title and commencement
2.Interpretation
PART II GENERAL PROVISIONS AS TO FOOD
Composition and labelling of food
3.Offences as to preparation and sale of injurious foods
4.General protection for purchasers of food
5.Defences available in proceedings under Article 4
6.Regulations as to composition of food, etc.
7.Power of Department to obtain particulars of ingredients
8.Labels and advertisements describing food incorrectly
9.Regulations as to labelling and description of food
Food unfit for human consumption
10.Prohibition on sale, etc., of food unfit for human consumption
11.Examination and seizure of suspected food
12.Food offered as prizes, etc.
13.Power to examine food in course of transit
14.Products of knackeries
Hygiene
15.Regulations as to food hygiene
16.Power of court to disqualify person for carrying on a food business
17.Byelaws as to handling and sale of food
Registration and licensing
18.Registration of manufacturers of, and traders in, ice-cream
19.Extension to other food businesses of provisions relating to registration, etc.
20.Licensing of vehicles, etc.
Control of food premises
21.Interpretation (Articles 22 to 26)
22.Closure of premises
23.Emergency order for closure of premises
24.Compensation
25.Appeals
26.Saving for certain licensed uses of premises
Special provisions as to certain foods
27.Regulations as to milk
28.Prohibition of sale of milk from diseased cows
29.Certain additions not to be made to milk and certain liquids not to be sold as milk
30.Cream substitutes
31.Sign to be displayed on premises, etc., where horseflesh is sold for human consumption
Cold stores
32.Power to provide cold stores
Food poisoning
33.Provisions as to suspected food
PART III ADMINISTRATION AND ENFORCEMENT
Administration
34.Authorities responsible for enforcement
35.Meaning of “authorised officer”
Sampling and analysis
36.Public analysts
37.Facilities for examination of food and drugs
38.Powers of sampling
39.Right to have samples analysed
40.Disposal of samples taken for analysis
41.Special provisions as to sampling of milk otherwise than by sampling officers
42.Special provisions as to sampling of milk by sampling officers
43.Power of Department to have foods analysed and examined
44.Provision for cases in which division into parts is impracticable
45.Examination by district councils of food not for sale
46.Quarterly reports of analysts
Entry, obstruction, etc.
47.Power to enter premises
48.Power to enter vehicles, etc.
49.Powers of entry of Departments' officers
50.Persons obstructing execution of Order
PART IV PROCEDURE AND EVIDENCE
Legal proceedings and evidence
51.Offences
52.Prosecutions
53.Institution of proceedings by the Department
54.Evidence of analysis
55.Presumptions
56.Power of court to require analysis by Government Chemist
57.Contravention due to default of some other person
58.Conditions under which warranty may be pleaded as defence
59.Offences in relation to warranties and certificates of analysis
Compensation
60.Disputes as to compensation under Part II
Appeals against decisions of district councils
61.Right to carry on business pending appeal
Continuation of licences
62.Temporary continuance of licence on death
PART V MISCELLANEOUS AND GENERAL
Application of this Order
63.Application to Crown
64.Application of Order for purposes of importation orders and regulations
Provisions relating to district councils
65.Notices, etc., to be in writing; forms of notices, etc.
66.Proof of resolutions, etc.
67.Protection for officers acting in good faith
68.Default of district councils
Miscellaneous
69.Powers under Order to be cumulative
70.Judges and justices of the peace not to be disqualified by liability to rates
71.Power of Department to hold inquiries and investigations
72.Orders and regulations (general)
73.Regulations for purposes of Community provisions
74.Expenses of sampling officers
75.Repeal or amendment of local enactments
76.Amendments, repeals, revocations and savings
Signature
SCHEDULES
SCHEDULE 1
DISEASES OF COWS TO WHICH ARTICLE 28 APPLIES
SCHEDULE 2
ENFORCEMENT AND EXECUTION OF ORDERS AND REGULATIONS MADE UNDER THE FOOD ACT 1984
1.(1) In this Schedule— “the Act of 1984” means the...
2.It shall be the duty of the Minister to enforce...
3.For the purpose of ascertaining whether there is or has...
4.(1) Without prejudice to the application of subsections (2) and...
5.(1) The Minister may, where he is of opinion that...
6.(1) A person against whom proceedings are brought in respect...
7.The provisions of this Order which are specified in the...
SCHEDULE 3
CONSEQUENTIAL AMENDMENTS
The Towns Improvement Clauses Act 1847 (c. 34)
1.In section 128, in the paragraph added by Part I...
The Interpretation Act (Northern Ireland) 1954 (c. 33)
2.In section 43(2), in the definition of “public analyst”, for...
The Marketing of Milk Products Act (Northern Ireland) 1958 (c. 31)
3.In section 7— (a) in subsection (3) for “and Drugs...
4.In section 15(1A), for “section 22(2A) of the Food and...
The Agricultural Produce (Meat Regulation and Pig Industry) Act (Northern Ireland) 1962 (c. 13)
5.In section 19, for “and Drugs Act (Northern Ireland) 1958”...
6.In section 20(2), for “and Drugs Act (Northern Ireland) 1958”...
The Horticulture Act (Northern Ireland) 1966 (c. 15)
7.In section 33(3), for “and Drugs Act (Northern Ireland) 1958”...
8.In section 36(b), for “and Drugs Act (Northern Ireland) 1958”...
The Trade Descriptions Act 1968 (c. 29)
9.In section 2(5), for “and Drugs Act (Northern Ireland) 1958”...
10.In section 22(2)— (a) for “and Drugs Act (Northern Ireland)...
The Medicines Act 1968 (c. 67)
11.In Schedule 3, in paragraph 1(2), for “section 31 of...
The Weights and Measures &c. Act 1976 (c. 77)
12.In section 12— (a) in subsection (1), for paragraph (c)...
13.In Schedule 6, for paragraph 4 substitute the following paragraph—...
The Poisons (Northern Ireland) Order 1976 (NI 23)
14.In Article 2(2), in the definition of “public analyst”, for...
The Hydrocarbon Oil Duties Act 1979 (c. 5)
15.In Schedule 5, in paragraph 5(d), for “section 31 of...
The Weights and Measures (Northern Ireland) Order 1981 (NI 10)
16.In Article 2(2), in the definition of “drugs” and “food”,...
The Milk (Northern Ireland) Order 1983 (NI 2)
17.In Article 5(3)(b), for “and Drugs Act (Northern Ireland) 1958”...
18.In Article 9(2), for “section 22(2A) of the Food and...
19.In Article 10, for paragraph (3) substitute the following paragraph—...
The Food and Environment Protection Act 1985 (c. 48)
20.In section 24(1), in the definition of “food”, for “section...
The Criminal Justice (Northern Ireland) Order 1986 (NI 15)
21.In Article 11(2), for “that Act of 1958” substitute “the...
The Health and Personal Social Services (Amendment)(Northern Ireland) Order 1986 (NI 20)
22.In Article 2(2), in the definition of “the food legislation”,...
The Consumer Protection Act 1987 (c. 43)
23.In section 19(1), in the definition of “food”, for “and...
SCHEDULE 4
REPEALS AND REVOCATIONS
This Table has no official status
DRAFT FOOD (NORTHERN IRELAND) ORDER 1989
TABLE OF DERIVATIONS
Explanatory Note