Food Act 1984

[F1 9 Examination and seizure of suspected food. E+W

(1) An authorised officer of a council—

(a) may at all reasonable times examine any food intended for human consumption which has been sold, or is offered or exposed for sale, or 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; and

(b) if it appears to him to be unfit for human consumption, may seize it and remove it in order to have it dealt with by a justice of the peace.

(2) An officer who seizes any food under subsection (1) shall inform the person in whose possession the food was found of his intention to have it dealt with by a justice of the peace, and any person who under section 8 might be liable to a prosecution in respect of the food shall, if he attends before the justice of the peace upon the application for its condemnation, be entitled to be heard and to call witnesses.

(3) If it appears to a justice of the peace that any food brought before him, whether seized under the provisions of this section or not, is unfit for human consumption, he shall condemn it and order it to be destroyed or to be so disposed of as to prevent it from being used for human consumption.

(4) If a justice of the peace refuses to condemn any food seized under this Part by an authorised officer of a council, the council shall compensate the owner of the food for any depreciation in its value resulting from its seizure and removal.]

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 I, II (ss. 1–49) repealed (E.W.) (with savings for ss. 15 and 21) by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 54, 59, Sch. 4 paras. 7, 8, Sch. 5 (but (3.4.1992) as regards ss.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)