Food Act 1984

67 Interpretation of Part IV, and exemptions. E+W

(1) In this Part, “food” means food and ingredients of food for human consumption, including—

(a) drink (other than water);

(b) chewing gum and like products;

but does not include—

(i) milk and cream;

(ii) live animals or birds;

(iii) articles or substances used only as drugs.

(2) Parts VI and VII do not apply for the purposes of this Part, except for—

(a) the definition of “local authority” in section 72;

(b) the definition of “standard scale” in section 132(1); and

(c) section 134, and paragraph 1 of Schedule 9, Schedule 11, and section 136.

(3) This Part does not apply—

(a) to the sale or offer or exposure for sale of food—

(i) at a market or fair the right to hold which was acquired by virtue of a grant (including a presumed grant) or acquired or established by virtue of an enactment or order;

(ii) at a notified temporary market; or

(iii) at a notified pleasure fair; or

(b) to the sale or offer or exposure for sale of food in or from premises exempt from registration by paragraphs (c) and (d) of section 16(3) or of food prepared or manufactured on such premises; or

(c) to the sale or offer or exposure for sale of food by way of street trading at any place in the local authority’s area by a person whom the local authority have authorised under any enactment to engage in such trading in their area (whether or not they have authorised him to trade at the place where the food was sold or offered or exposed for sale) or by a person acting as an assistant to a person so authorised; or

(d) to premises used as storage accommodation for food prepared for sale as mentioned in paragraphs (a) to (c) above; or

(e) to the sale or offer or exposure for sale of food in containers of such materials and so closed as to exclude all risks of contamination.

In this subsection—

• “notified pleasure fair” means a pleasure fair, as defined in paragraph (a) of section 75(2) of the M1 Public Health Act 1961, notice of which has been given to the local authority in accordance with byelaws under that section;

• “notified temporary market” means a temporary market notice of which has been given to the local authority in accordance with section 37(2) of the M2 Local Government (Miscellaneous Provisions) Act 1982 or any other enactment regulating such markets.

Marginal Citations

M1 1961 c. 64.

M2 1982 c. 30.