[F18 Sale etc. of unfit food.E+W
(1)A person who—
(a)sells, or offers or exposes for sale, or has in his possession for the purpose of sale or of preparation for sale, or
(b)deposits with, or consigns to, any person for the purpose of sale or of preparation for sale,
any food intended for, but unfit for, human consumption is guilty of an offence, subject to subsection (3).
(2)Where food in respect of which an offence under paragraph (a) of subsection (1) has been committed was sold to the offender by some other person, that person is also guilty of an offence, subject to subsection (3).
(3)Where a person is charged with an offence under paragraph (b) of subsection (1), or under subsection (2), it is a defence for him to prove either—
(a)that he gave notice to the person with whom he deposited, or to whom he consigned or sold, the food in question that it was not intended for human consumption; or
(b)that, at the time when he delivered or despatched it to that person, either it was fit for human consumption or he did not know, and could not with reasonable diligence have ascertained, that it was unfit for human consumption.
(4)If a person licensed under section 1 of the M1Slaughterhouses Act 1974 to keep a slaughterhouse is convicted of an offence under this section, the court may cancel his licence, in addition to any other punishment.
(5)The justice of the peace before whom any food is brought under section 9 may, but need not, be a member of the court before which a person is charged with an offence under this section in relation to that food.]
Textual Amendments
F1Pts. I, II (ss. 1–49) repealed (E.W.) (with savings for ss. 15 and 21) by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 54, 59, Sch. 4 paras. 7, 8, Sch. 5 (but (3.4.1992) as regards ss.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)
Marginal Citations