Food Safety Act 1990

adding any article or substance to the food;

using any article or substance as an ingredient in the preparation of the food;

abstracting any constituent from the food; and

subjecting the food to any other process or treatment,

which has been slaughtered in a knacker’s yard, or of which the carcase has been brought into a knacker’s yard; or

in Scotland, which has been slaughtered otherwise than in a slaughterhouse,

has been sold or is offered or exposed for sale; F107...

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;

F108or

is otherwise placed on the market within the meaning of Regulation (EC) No. 178/2002.

seize the food and remove it in order to have it dealt with by a justice of the peace;

if he is so satisfied, shall forthwith withdraw the notice;

if he is not so satisfied, shall seize the food and remove it in order to have it dealt with by a justice of the peace.

any person who under section 7 F109or regulation 4(a) of the General Food Regulations 2004 might be liable to a prosecution in respect of the food shall, if he attends before the justice of the peace by whom the food falls to be dealt with, be entitled to be heard and to call witnesses; and

that justice of the peace may, but need not, be a member of the court before which any person is charged with an offence under that section in relation to that food.

the food to be destroyed or to be so disposed of as to prevent it from being used for human consumption; and

any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the owner of the food.

any reference to a justice of the peace includes a reference to the sheriff and to a magistrate;

paragraph (b) of subsection (5) above shall not apply;

any order made under subsection (6) above shall be sufficient evidence in any proceedings under this Act of the failure of the food in question to comply with food safety requirements; and

the reference in subsection (8) above to determination by arbitration shall be construed as a reference to determination by a single arbiter appointed, failing agreement between the parties, by the sheriff.

state the officer’s grounds for believing that the proprietor is failing to comply with the regulations;

specify the matters which constitute the proprietor’s failure so to comply;

specify the measures which, in the officer’s opinion, the proprietor must take in order to secure compliance; and

require the proprietor to take those measures, or measures which are at least equivalent to them, within such period (not being less than 14 days) as may be specified in the notice.

for requiring, prohibiting or regulating the use of any process or treatment in the preparation of food; or

for securing the observance of hygienic conditions and practices in connection with the carrying out of commercial operations with respect to food or food sources.

the proprietor of a food business is convicted of an offence under any regulations to which this section applies; and

the court by or before which he is so convicted is satisfied that the health risk condition is fulfilled with respect to that business,

the use for the purposes of the business of any process or treatment;

the construction of any premises used for the purposes of the business, or the use for those purposes of any equipment; and

the state or condition of any premises or equipment used for the purposes of the business.

in a case falling within paragraph (a) of subsection (2) above, a prohibition on the use of the process or treatment for the purposes of the business;

in a case falling within paragraph (b) of that subsection, a prohibition on the use of the premises or equipment for the purposes of the business or any other food business of the same class or description;

in a case falling within paragraph (c) of that subsection, a prohibition on the use of the premises or equipment for the purposes of any food business.

the proprietor of a food business is convicted of an offence under any regulations to which this section applies by virtue of section 10(3)(b) above; and

the court by or before which he is so convicted thinks it proper to do so in all the circumstances of the case,

serve a copy of the order on the proprietor of the business; and

in the case of an order under subsection (1) above, affix a copy of the order in a conspicuous position on such premises used for the purposes of the business as they consider appropriate;

in the case of an order under subsection (1) above, on the issue by the enforcement authority of a certificate to the effect that they are satisfied that the proprietor has taken sufficient measures to secure that the health risk condition is no longer fulfilled with respect to the business;

in the case of an order under subsection (4) above, on the giving by the court of a direction to that effect.

determine, as soon as is reasonably practicable and in any event within 14 days, whether or not they are so satisfied; and

if they determine that they are not so satisfied, give notice to the proprietor of the reasons for that determination.

within six months after the making of the prohibition order; or

within three months after the making by the proprietor of a previous application for such a direction.

serve a copy of the order on the proprietor of the business; and

affix a copy of the order in a conspicuous position on such premises used for the purposes of that business as they consider appropriate;

if no application for an emergency prohibition order is made within the period of three days beginning with the service of the notice, at the end of that period;

if such an application is so made, on the determination or abandonment of the application.

determine, as soon as is reasonably practicable and in any event within 14 days, whether or not they are so satisfied; and

if they determine that they are not so satisfied, give notice to the proprietor of the reasons for that determination.

an application for an emergency prohibition order is made within the period of three days beginning with the service of the notice; and

the court declares itself satisfied, on the hearing of the application, that the health risk condition was fulfilled with respect to the business at the time when the notice was served;

that consent had been given under subsection (3) above to the contravention of the emergency control order; and

that any condition subject to which that consent was given was complied with.

may give such directions as appear to F27the authority giving the directions to be necessary or expedient for the purpose of preventing the carrying out of commercial operations with respect to any food, food sources or contact materials which F27the authority giving the directionsbelieves, on reasonable grounds, to be food, food sources or contact materials to which an emergency control order applies; and

may do anything which appears to F27the authority giving the directions to be necessary or expedient for that purpose.

falsely describes the food; or

is likely to mislead as to the nature or substance or quality of the food,

falsely describes any food; or

is likely to mislead as to the nature or substance or quality of any food,

provision for requiring, prohibiting or regulating the presence in food or food sources of any specified substance, or any substance of any specified class, and generally for regulating the composition of food;

provision for securing that food is fit for human consumption and meets such microbiological standards (whether going to the fitness of the food or otherwise) as may be specified by or under the regulations;

provision for requiring, prohibiting or regulating the use of any process or treatment in the preparation of food;

provision for securing the observance of hygienic conditions and practices in connection with the carrying out of commercial operations with respect to food or food sources;

provision for imposing requirements or prohibitions as to, or otherwise regulating, the labelling, marking, presenting or advertising of food, and the descriptions which may be applied to food; and

for securing the observance of hygienic conditions and practices in connection with the carrying out of commercial operations with respect to contact materials which are intended to come into contact with food intended for human consumption;

for imposing requirements or prohibitions as to, or otherwise regulating, the labelling, marking or advertising of such materials, and the descriptions which may be applied to them; and

otherwise for prohibiting or regulating the carrying out of commercial operations with respect to such materials.

references to food shall be construed as references to food intended for sale for human consumption; and

references to food sources shall be construed as references to food sources from which such food is intended to be derived.

make such provision as F33he considers necessary or expedient for the purpose of securing that the Community provision is administered, executed and enforced under this Act; and

apply such of the provisions of this Act as may be specified in the regulations in relation to the Community provision with such modifications, if any, as may be so specified.

for prohibiting the carrying out of commercial operations with respect to novel foods, or food sources from which such foods are intended to be derived, of any class specified in the regulations;

for prohibiting the carrying out of such operations with respect to genetically modified food sources, or foods derived from such food sources, of any class so specified; or

for prohibiting the importation of any food of a class so specified,

prescribe, in relation to milk of any description, such a designation (in this subsection referred to as a “special designation”) as the Secretary of State considers appropriate;

provide for the issue by enforcement authorities of licences to producers and sellers of milk authorising the use of a special designation; and

prohibit, without the use of a special designation, all sales of milk for human consumption, other than sales made with the Secretary of State’s.

has been modified by means of an artificial technique; or

is inherited or otherwise derived, through any number of replications, from genetic material which was so modified;

for the registration by enforcement authorities of premises used or proposed to be used for the purposes of a food business, and for prohibiting the use for those purposes of any premises which are not registered in accordance with the regulations; or

subject to subsection (2) below, for the issue by such authorities of licences in respect of the use of premises for the purposes of a food business, and for prohibiting the use for those purposes of any premises except in accordance with a licence issued under the regulations.

for the purpose of securing that food complies with food safety requirements or in the interests of the public health; or

for the purpose of protecting or promoting the interests of consumers.

prepared the food in respect of which the offence is alleged to have been committed; nor

imported it into Great Britain,

that the commission of the offence was due to an act or default of another person who was not under his control, or to reliance on information supplied by such a person;

that he carried out all such checks of the food in question as were reasonable in all the circumstances, or that it was reasonable in all the circumstances for him to rely on checks carried out by the person who supplied the food to him; and

that he did not know and had no reason to suspect at the time of the commission of the alleged offence that his act or omission would amount to an offence under the relevant provision.

that the commission of the offence was due to an act or default of another person who was not under his control, or to reliance on information supplied by such a person;

that the sale or intended sale of which the alleged offence consisted was not a sale or intended sale under his name or mark; and

that he did not know, and could not reasonably have been expected to know, at the time of the commission of the alleged offence that his act or omission would amount to an offence under the relevant provision.

at least seven clear days before the hearing; and

where he has previously appeared before a court in connection with the alleged offence, within one month of his first such appearance,

without prejudice to the generality of section 9 above, provide that any food which, in accordance with the regulations, is certified as being such food as is mentioned in paragraph (a) above may be treated for the purposes of that section as failing to comply with food safety requirements.

require persons carrying on any activity to which the regulations apply to keep and produce records and provide returns;

prescribe the particulars to be entered on any register required to be kept in accordance with the regulations;

require any such register to be open to inspection by the public at all reasonable times and, subject to that, authorise it to be kept by means of a computer;

prescribe the periods for which and the conditions subject to which licences may be issued, and provide for the subsequent alteration of conditions and for the cancellation, suspension or revocation of licences;

provide for an appeal to a magistrates’ court or, in Scotland, to the sheriff, or to a tribunal constituted in accordance with the regulations, against any decision of an enforcement authority, or of an authorised officer of such an authority; and

provide, as respects any appeal to such a tribunal, for the procedure on the appeal (including costs) and for any appeal against the tribunal’s decision.

provide that an offence under the regulations F40. . . shall be triable in such way as may be there specified; and

include provisions under which a person guilty of such an offence shall be liable to such penalties (not exceeding those which may be imposed in respect of offences under this Act) as may be specified in the regulations F40. . ..

such qualifications as may be prescribed by regulations made by the Ministers; or

such other qualifications as F42the Secretary of State may approve,

in addition to any fees received by him under this Part; or

on condition that any fees so received by him are paid over by him to the authority.

the provisions of this section with respect to the qualifications, appointment, removal and remuneration of a public analyst shall apply also in relation to a deputy public analyst; and

any reference in the following provisions of this Act to a public analyst shall be construed as including a reference to a deputy public analyst appointed under this subsection.

if he considers that the sample should be examined, submit it to be examined by a food examiner.

to be analysed by the public analyst for the area in which the purchase was made; or

to be examined by a food examiner.

he is the public analyst for the area in question; and

the sample is submitted to him for analysis by an authorised officer of an enforcement authority,

of a document purporting to be a certificate given by a food analyst or examiner under subsection (6) above; or

of a document supplied to him by the other party as being a copy of such a certificate,

the matters to be taken into account in determining whether, and at what times, samples should be procured;

the manner of procuring samples, including the steps to be taken in order to ensure that any samples procured are fair samples;

the method of dealing with samples, including (where appropriate) their division into parts;

the persons to whom parts of samples are to be given and the persons by whom such parts are to be retained;

the notices which are to be given to, and the information which is to be furnished by, the persons in charge of any food, substance, contact material or food source of or from which samples are procured;

the methods which are to be used in analysing or examining samples, or parts of samples, or in classifying the results of analyses or examinations;

the circumstances in which a food analyst or examiner is to be precluded, by reason of a conflict of interest, from analysing or examining a particular sample or part of a sample; and

to enter any premises within the authority’s area for the purpose of ascertaining whether there is or has been on the premises any contravention of the provisions of this Act, or of regulations or orders made under it; and

to enter any business premises, whether within or outside the authority’s area, for the purpose of ascertaining whether there is on the premises any evidence of any contravention within that area of any of such provisions; and

in the case of an authorised officer of a food authority, to enter any premises for the purpose of the performance by the authority of their functions under this Act;

that admission to the premises has been refused, or a refusal is apprehended, and that notice of the intention to apply for a warrant has been given to the occupier; or

that an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent,

may have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and

may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require.

seize and detain any records which he has reason to believe may be required as evidence in proceedings under any of the provisions of this Act or of regulations or orders made under it; and

where the records are F92 stored in any electronic form , may require the records to be produced in a form in which they may be taken away.

in which an animal or bird affected with any disease to which that Act applies is kept; and

which is situated in a place declared under that Act to be infected with such a disease.