(1)[F1A designating authority] may consent, either unconditionally or subject to any condition that [F1the designating authority] considers appropriate, to the doing in a particular case of anything prohibited by an emergency order.
(2)It shall be a defence for a person charged with an offence under section 1(6) above to show—
(a)that consent had been given under subsection (1) above to the contravention of the emergency prohibition ; and
(b)that any condition subject to which that consent had been given was complied with.
(3)[F1A designating authority]—
(a)may give any person such directions as appear to [F1the designating authority] to be necessary or expedient for the purpose of preventing human consumption of food which [F1the designating authority] believes, on reasonable grounds, is, or may be, or may become, unsuitable for human consumption in consequence of [F2designated circumstances]; and
(b)may do anything which appears to [F1 the designating authority] to be necessary or expedient for that purpose ;
and such directions may be given and such action may be taken after the emergency order has ceased to be in force.
(4)Any person who—
(a)fails to comply with a direction under this section ; or
(b)causes or permits any other person to do so,
shall be guilty of an offence.
(5)If [F1a designating authority]does anything by virtue of this section in consequence of a failure on the part of any person to comply with such a direction, [F1 thedesignating authority] may recover from that person any expenses reasonably incurred by [F1the designating authority] under this section.
(6)If [ a designating authority] does anything by virtue of this section in consequence of any person causing or permitting another person to fail to comply with such a direction, [F1the designating authority] may recover from the person who caused or permitted the failure to comply any expenses reasonably incurred by [F1the designating authority] under this section.
Textual Amendments
F1Words in s. 2(1)(3)(5)(6) substituted (30.6.1999) by S.I. 1999/1756, art. 2, Sch. para. 10(5) (with art. 8); S.I. 1998/3178
F2Words substituted (retrosp.) by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 51(1)(2)(d), 54