Food Act 1984

[F1 1 Offences as to preparation and sale of injurious foods. E+W

(1) A person is guilty of an offence who—

(a) adds any substance to food,

(b) uses any substance as an ingredient in the preparation of food,

(c) abstracts any constituent from food, or

(d) subjects food to any other process or treatment, so as (in any such case) to render the food injurious to health, with intent that the food shall be sold for human consumption in that state.

(2) A person is guilty of an offence who—

(a) sells for human consumption,

(b) offers, exposes or advertises for sale for human consumption, or has in his possession for the purpose of such sale,

any food rendered injurious to health by means of any operation described in subsection (1), subject to subsections (3) and (4).

(3) In proceedings under this section for an offence consisting of the advertisement for sale of any food, it is a defence for the person charged to prove that, being a person whose business it is to publish, or arrange for the publication of, advertisements, he received the advertisement for publication in the ordinary course of business.

(4) In determining for the purposes of this Act whether an article of food is injurious to health, regard shall be had not only to the probable effect of that article on the health of a person consuming it, but also to the probable cumulative effect of articles of substantially the same composition on the health of a person consuming such articles in ordinary quantities.]

Textual Amendments

F1 Pts. I, II (ss. 1–49) repealed (E.W.) (with savings for ss. 15 and 21) by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 54, 59, Sch. 4 paras. 7, 8, Sch. 5 (but (3.4.1992) as regards ss. 16–20; S.I. 1992/57, art. 2 and not coming into force as regards s.13 so far as it relates to the Food Hygiene (Amendment) Regulations 1990 until either 1.4.1991 or 1.4.1992 as mentioned in S.I. 1990/2372)