The Food Safety (Northern Ireland) Order 1991

Food safety N.I.

Rendering food injurious to health N.I.

6.— [F1 (1)] Any person who renders any food injurious to health by means of any of the following operations, namely—

(a) adding any article or substance to the food;

(b) using any article or substance as an ingredient in the preparation of the food;

(c) abstracting any constituent from the food; and

(d) subjecting the food to any other process or treatment,

with intent that it shall be sold for human consumption, shall be guilty of an offence.

[F1 (2) In determining for the purposes of this Article whether any food is injurious to health regard shall be had to the matters specified in sub-paragraph (a) to (c) of Article 14(4) of Regulation (EC) No. 178/2002.]

F1 SR 2004/505

Art. 7 rep. by SR 2004/505

Inspection and seizure of suspected food N.I.

F2 F3 8.—(1) An authorised officer may at all reasonable times inspect any food intended for human consumption which—

(a) has been sold or is offered or exposed for sale;F4 . . .

(b) is in the possession of, or has been deposited with or consigned to, any person for the purpose of sale or of preparation for sale;[F4 or]

[F4 (c) is otherwise placed on the market for the purposes of Regulation (EC) No. 178/2002.]

and paragraphs (3) to (9) shall apply where, on such an inspection, it appears to the authorised officer that any food fails to comply with food safety requirements.

(2) The following provisions shall also apply where, otherwise than on such an inspection, it appears to an authorised officer that any food is likely to cause food poisoning or any disease communicable to human beings.

(3) The authorised officer may either—

(a) give notice to the person in charge of the food that, until the notice is withdrawn, the food or any specified portion of it—

(i) is not to be used for human consumption; and

(ii) either is not to be removed or is not to be removed except to some place specified in the notice; or

(b) seize the food and remove it in order to have it dealt with by a justice of the peace;

and any person who knowingly contravenes the requirements of a notice under sub‐paragraph (a) shall be guilty of an offence.

(4) Where the authorised officer gives notice under paragraph (3)(a), he shall, as soon as is reasonably practicable and in any event before the expiration of 21 days from the date of the notice, determine whether or not he is satisfied that the food complies with food safety requirements and—

(a) if he is so satisfied, shall forthwith withdraw the notice;

(b) if he is not so satisfied, shall seize the food and remove it in order to have it dealt with by a justice of the peace.

(5) Where an authorised officer seizes and removes food under paragraph (3)(b) or (4)(b), he shall inform the person in charge of the food of his intention to have it dealt with by a justice of the peace and—

(a) any person who under Article 6[F4 or regulation [F5 4(b)] of the General Food Regulations (Northern Ireland) 2004] might be liable to a prosecution in respect of the food shall, if he attends before the justice of the peace by whom the food falls to be dealt with, be entitled to be heard and to call witnesses;F6 . . .

Sub‐para. (b) rep. by 2003 NI 12

(6) If it appears to a justice of the peace, on the basis of such evidence as he considers appropriate in the circumstances, that any food falling to be dealt with by him under this Article fails to comply with food safety requirements, he shall condemn the food and order—

(a) the food to be destroyed or to be so disposed of as to prevent it from being used for human consumption; and

(b) any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the owner of the food.

(7) If a notice under paragraph (3)(a) is withdrawn, or the justice of the peace by whom any food falls to be dealt with under this Article refuses to condemn it, the district council or, as the case may be,[F7 the Food Standards Agency or] the Department of Agriculture shall compensate the owner of the food for any depreciation in its value resulting from the action taken by the authorised officer.

(8) Any disputed question as to the right to or the amount of any compensation payable under paragraph (7) shall be determined by a single arbitrator appointed, failing agreement between the parties, by the Head of[F7 the Department];F8 . . .

(9) In this Article—

(a) any reference to an authorised officer includes a reference to [F9 the Director of Public Health for Northern Ireland] ;

(b) in paragraph (7) the reference to the district council or, as the case may be,[F7 the Food Standards Agency or] the Department of Agriculture includes, in relation to [F9 the Director of Public Health for Northern Ireland], the Health and Social Services Board;

(c) “Health and Social Services Board” means a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972F10 .

F2 mod. by SR 1999/255; 261; 335; 336; 357; 360; 420; 422; 2000/72, 73; 2003/299

F3 mod. by SR 2004/385

F4 SR 2004/505

F5 Word in art. 8(5)(a) substituted (31.12.2013) by The Food Safety, Food Hygiene and Official Controls (Sprouting Seeds and Miscellaneous Amendments) Regulations (Northern Ireland) 2013 (S.R. 2013/291), regs. 1(1), 5

F6 2002 c. 26

F7 1999 c. 28

F8 1996 c. 23

F9 Words in art. 8(9) substituted by S.I. 1991/194 (N.I. 1), art. 32(1A) (as substituted (1.4.2009) by virtue of Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 13(11); S.R. 2009/114, art. 2)

F10 1972 NI 14

Modifications etc. (not altering text)

C1 Art. 8 applied (with modifications) (1.7.2006) by Contaminants in Food Regulations (Northern Ireland) 2006 (S.R. 2006/256), reg. 5(2) (with reg. 5(3))

C2 mod. by SR 2004/487

C3 Art. 8 applied (with modifications) (1.3.2007) by Contaminants in Food Regulations (Northern Ireland) 2007 (S.R. 2007/66), reg. 5(2) (with reg. 5(3))

C4 Art. 8 applied (with modifications) (1.7.2009) by Contaminants in Food Regulations (Northern Ireland) 2009 (S.R. 2009/220), reg. 5(2) (with reg. 5(3))

C5 Art. 8 applied (with modifications) (31.7.2009) by Food Irradiation Regulations (Northern Ireland) 2009 (S.R. 2009/258), reg. 11(2)

C6 Art. 8 applied (with modifications) (20.1.2010) by Food (Jelly Mini-Cups) (Emergency Control) Regulations (Northern Ireland) 2009 (S.R. 2009/417), reg. 5(2) (subject to reg. 5(3))

C7 Art. 8 applied (with modifications) (20.10.2010) by Contaminants in Food Regulations (Northern Ireland) 2010 (S.R. 2010/335), reg. 5(2) (with reg. 5(3))

C8 Art. 8 modified (20.1.2011) by Flavourings in Food Regulations (Northern Ireland) 2010 (S.R. 2010/414), reg. 6

C9 Art. 8 applied with modifications (31.10.2013) by The Contaminants in Food Regulations (Northern Ireland) 2013 (S.R. 2013/229), regs. 1, 8(2)

C10 Art. 8 applied (31.3.2016) by The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations (Northern Ireland) 2016 (S.R. 2016/54), regs. 1, 32(2)

C11 Art. 8 applied with modification(s) (31.3.2016) by The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations (Northern Ireland) 2016 (S.R. 2016/54), regs. 1, 32(3)

Improvement notices N.I.

9.—(1) If an authorised officer has reasonable grounds for believing that the proprietor of a food business is failing to comply with any regulations to which this Article applies, he may, by a notice served on that proprietor (an “improvement notice”)—

(a) state the officer's grounds for believing that the proprietor is failing to comply with the regulations;

(b) specify the matters which constitute the proprietor's failure so to comply;

(c) specify the measures which, in the officer's opinion, the proprietor must take in order to secure compliance; and

(d) require the proprietor to take those measures, or measures which are at least equivalent to them, within such period (not being less than 14 days) as may be specified in the notice.

(2) Any person who fails to comply with an improvement notice shall be guilty of an offence.

(3) This Article and Article 10 apply to any regulations under this Part which make provision—

(a) for requiring, prohibiting or regulating the use of any process or treatment in the preparation of food; or

(b) for securing the observance of hygienic conditions and practices in connection with the carrying out of commercial operations with respect to food or food sources.

Modifications etc. (not altering text)

C12 Art. 9 applied with modifications (7.10.2013) by The Fish Labelling Regulations (Northern Ireland) 2013 (S.R. 2013/219), regs. 1, 4

C13 Art. 9 applied with modifications (31.10.2013) by The Food Additives, Flavourings, Enzymes and Extraction Solvents Regulations (Northern Ireland) 2013 (S.R. 2013/220), regs. 1, 7

C14 Art. 9 applied with modifications (20.11.2013) by The Fruit Juices and Fruit Nectars Regulations (Northern Ireland) 2013 (S.R. 2013/253), regs. 1(1), 17 (with reg. 22)

C15 Art. 9(1) applied (with modifications) (13.12.2014) by The Products Containing Meat etc. Regulations (Northern Ireland) 2014 (S.R. 2014/285), regs. 1, 7(1)

C16 Art. 9(1)(2) applied (with modifications) (24.6.2015) by The Honey Regulations (Northern Ireland) 2015 (S.R. 2015/261), reg. 1, Sch. 2

C17 Art. 9(1) applied (with modifications) (11.9.2015) by The Country of Origin of Certain Meats Regulations (Northern Ireland) 2015 (S.R. 2015/321), regs. 1, 6(1), Sch. Pt. 1 para. 1

C18 Art. 9(1)(2) applied (28.11.2015) by The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015 (S.R. 2015/365), regs. 1, 33(1) (with reg. 33(2)(3))

C19 Art. 9(1) applied (with modifications) (28.11.2015) by The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015 (S.R. 2015/365), regs. 1, 33(1), Sch. 12 Pt. 1

C20 Art. 9(2) applied (with modifications) (13.12.2014) by The Products Containing Meat etc. Regulations (Northern Ireland) 2014 (S.R. 2014/285), regs. 1, 7(1)

C21 Art. 9(2) applied (with modifications) (11.9.2015) by The Country of Origin of Certain Meats Regulations (Northern Ireland) 2015 (S.R. 2015/321), regs. 1, 6(1), Sch. Pt. 1 para. 1

Prohibition orders N.I.

10.—(1) If—

(a) the proprietor of a food business is convicted of an offence under any regulations to which this Article applies; and

(b) the court by or before which he is so convicted is satisfied that the health risk condition is fulfilled with respect to that business,

the court shall by an order impose the appropriate prohibition.

(2) The health risk condition is fulfilled with respect to any food business if any of the following involves risk of injury to health, namely—

(a) the use for the purposes of the business of any process or treatment;

(b) the construction of any premises used for the purposes of the business, or the use for those purposes of any equipment; and

(c) the state or condition of any premises or equipment used for the purposes of the business.

[F11 (2A) In paragraph (2) and in Articles 11(4) and 12(1) “injury” includes any impairment, whether permanent or temporary.]

(3) The appropriate prohibition is—

(a) in a case falling within paragraph (2)(a), a prohibition on the use of the process or treatment for the purposes of the business;

(b) in a case falling within paragraph (2)(b), a prohibition on the use of the premises or equipment for the purposes of the business or any other food business of the same class or description;60

(c) in a case falling within paragraph (2)(c), a prohibition on the use of the premises or equipment for the purposes of any food business.

(4) If—

(a) the proprietor of a food business is convicted of an offence under any regulations to which this Article applies by virtue of Article 9(3)(b); and

(b) the court by or before which he is so convicted thinks it proper to do so in all the circumstances of the case,

the court may, by order, impose a prohibition on the proprietor participating in the management of any food business, or any food business of a class or description specified in the order.

(5) As soon as practicable after the making of an order under paragraph (1) or (4) (a “prohibition order”), the district council or, as the case may be,[F12 the Food Standards Agency or] the Department of Agriculture shall—

(a) serve a copy of the order on the proprietor of the business; and

(b) in the case of an order under paragraph (1), affix a copy of the order in a conspicuous position on such premises used for the purposes of the business as it considers appropriate;

and any person who knowingly contravenes such an order shall be guilty of an offence.

(6) A prohibition order shall cease to have effect—

(a) in the case of an order under paragraph (1), on the issue by the district council or, as the case may be,[F12 the Food Standards Agency or] the Department of Agriculture of a certificate to the effect that it is satisfied that the proprietor has taken sufficient measures to secure that the health risk condition is no longer fulfilled with respect to the business;

(b) in the case of an order under paragraph (4), on the giving by the court of a direction to that effect.

(7) The district council or, as the case may be,[F12 the Food Standards Agency or] the Department of Agriculture shall issue a certificate under paragraph (6)(a) before the expiration of 3 days from being satisfied as mentioned in that sub‐paragraph; and, on an application by the proprietor for such a certificate, shall—

(a) determine, as soon as is reasonably practicable and in any event before the expiration of 14 days from the making of the application, whether or not it is so satisfied; and

(b) if it determines that it is not so satisfied, give notice to the proprietor of the reasons for that determination.

(8) The court shall give a direction under paragraph (6)(b) if, on an application by the proprietor, the court thinks it proper to do so having regard to all the circumstances of the case, including in particular the conduct of the proprietor since the making of the order; but no such application shall be entertained if it is made—

(a) before the expiration of 6 months from the making of the prohibition order; or

(b) before the expiration of 3 months from the making by the proprietor of a previous application for such a direction.

(9) Where a magistrates' court makes an order under Article 11 with respect to any food business, paragraph (1) of this Article shall apply as if the proprietor of the business had been convicted by the court of an offence under regulations to which this Article applies.

(10) Paragraph (4) shall apply in relation to a manager of a food business as it applies in relation to the proprietor of such a business; and any reference in paragraph (5) or (8) to the proprietor of the business, or to the proprietor, shall be construed accordingly.

(11) In paragraph (10) “manager”, in relation to a food business, means any person who is entrusted by the proprietor with the day to day running of the business, or any part of the business.

F11 SR 2004/505

F12 1999 c. 28

Emergency prohibition notices and orders N.I.

11.—(1) If an authorised officer is satisfied that the health risk condition is fulfilled with respect to any food business, he may, by a notice served on the proprietor of the business (an “emergency prohibition notice”), impose the appropriate prohibition.

(2) If a magistrates' court is satisfied, on the application of such an officer, that the health risk condition is fulfilled with respect to any food business, the court shall, by order (an “emergency prohibition order”), impose the appropriate prohibition.

(3) An authorised officer shall not apply for an emergency prohibition order unless, at least one day before the date of the application, he has served notice on the proprietor of the business of his intention to apply for the order.

(4) Paragraphs (2) and (3) of Article 10 shall apply for the purposes of this Article as they apply for the purposes of that Article, but as if the reference in paragraph (2) to risk of injury to health were a reference to imminent risk of such injury.

(5) As soon as practicable after the service of an emergency prohibition notice, the district council or, as the case may be,[F13 the Food Standards Agency or] the Department of Agriculture shall affix a copy of the notice in a conspicuous position on such premises used for the purposes of the business as it considers appropriate; and any person who knowingly contravenes such a notice shall be guilty of an offence.

(6) As soon as practicable after the making of an emergency prohibition order, the district council or, as the case may be,[F13 the Food Standards Agency or] the Department of Agriculture shall—

(a) serve a copy of the order on the proprietor of the business; and

(b) affix a copy of the order in a conspicuous position on such premises used for the purposes of that business as it considers appropriate;

and any person who knowingly contravenes such an order shall be guilty of an offence.

(7) An emergency prohibition notice shall cease to have effect—

(a) if no application for an emergency prohibition order is made before the expiration of the period of 3 days from the service of the notice, at the end of that period;

(b) if such an application is so made, on the determination or abandonment of the application.

(8) An emergency prohibition notice or emergency prohibition order shall cease to have effect on the issue by the district council or, as the case may be,[F13 the Food Standards Agency or] the Department of Agriculture of a certificate to the effect that it is satisfied that the proprietor has taken sufficient measures to secure that the health risk condition is no longer fulfilled with respect to the business.

(9) The district council or, as the case may be,[F13 the Food Standards Agency or] the Department of Agriculture shall issue a certificate under paragraph (8) before the expiration of 3 days from being satisfied as mentioned in that paragraph; and, on an application by the proprietor for such a certificate, shall—

(a) determine, as soon as is reasonably practicable and in any event before the expiration of 14 days from the making of the application, whether or not it is so satisfied; and

(b) if it determines that it is not so satisfied, give notice to the proprietor of the reasons for that determination.

(10) Where an emergency prohibition notice is served on the proprietor of a business, the district council or, as the case may be,[F13 the Food Standards Agency or] the Department of Agriculture shall compensate him in respect of any loss suffered by reason of his complying with the notice unless—

(a) an application for an emergency prohibition order is made before the expiration of 3 days from the service of the notice; and

(b) the court declares itself satisfied, on the hearing of the application, that the health risk condition was fulfilled with respect to the business at the time when the notice was served;

and any disputed question as to the right to or the amount of any compensation payable under this paragraph shall be determined by a single arbitrator appointed, failing agreement between the parties, by the Head of[F13 the Department];F14 . . .

F13 1999 c. 28

F14 1996 c. 23

Emergency control orders N.I.

12.—(1) If it appears to [F15 the Department] that the carrying out of commercial operations with respect to food, food sources or contact materials of any class or description involves or may involve imminent risk of injury to health,[F15 the Department] may, by order (an “emergency control order”), prohibit the carrying out of such operations with respect to food, food sources or contact materials of that class or description.

(2) Any person who knowingly contravenes an emergency control order shall be guilty of an offence.

(3) [F15 The Department][F15 or the Food Standards Agency] may consent, either unconditionally or subject to any condition that[F15 the authority giving the consent] considers appropriate, to the doing in a particular case of anything prohibited by an emergency control order.

(4) It shall be a defence for a person charged with an offence under paragraph (2) to show—

(a) that consent had been given under paragraph (3) to the contravention of the emergency control order; and

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

(5) [F15 The Department][F15 or the Food Standards Agency]

(a) may give such directions as appear to[F15 the authority giving the directions] to be necessary or expedient for the purpose of preventing the carrying out of commercial operations with respect to any food, food sources or contact materials which[F15 the authority giving the directions] believes, on reasonable grounds, to be food, food sources or contact materials to which an emergency control order applies; and

(b) may do anything which appears to[F15 the authority giving the directions] to be necessary or expedient for that purpose.

(6) Any person who fails to comply with a direction under this Article shall be guilty of an offence.

(7) If[F15 the Department][F15 or the Food Standards Agency] does anything by virtue of this Article in consequence of any person failing to comply with an emergency control order or a direction under this Article,[F15 that authority] may recover from that person any expenses reasonably incurred by[F15 that authority] under this Article.

Para. (8) rep. by 1996 NI 12

F15 1999 c. 28