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; F103...

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;

F104or

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 F116, regulation 19(1) of the Food Safety and Hygiene (England) Regulations 2013, so far as relating to the second entry in the list of specified EU provisions set out in column 1 of Schedule 2 to those RegulationsF105or regulation F1174(a)F1174(b) 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,

seize the food and remove it in order to have it dealt with by the sheriff.

the person in charge of the food; and

the owner of the food (where not the person in charge of the food).

if satisfied that food information law has not been contravened, forthwith withdraw the notice; or

if not so satisfied, seize the food and remove it in order to have it dealt with by the sheriff.

copy, make extracts of or take away any food information relating to the food that has been seized;

where any such food information is in electronic form, require the information to be produced in a legible form in which it may be copied or taken away.

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

that any food information relating to the food be modified, destroyed or otherwise disposed of;

must, where the owner of the food is known, require the owner to meet any expenses reasonably incurred in connection with any destruction, modification, disposal, return or distribution of any food or food information which is carried out in pursuance of the order; and

may require the owner of the food to meet any expenses reasonably incurred by the food authority in connection with any action taken by the authorised officer, or otherwise by or on behalf of the authority, in respect of any food or food information to which the order relates.

a notice under subsection (2)(a) above is withdrawn; or

the sheriff refuses to make an order under subsection (12) above in respect of any food seized and removed under subsection (2)(b) or (7)(b) above (or any food information which relates to it).

is, or has been, in charge of any food which is intended for human consumption and has been placed on the market within the meaning of Regulation (EC) No. 178/2002; and

considers or has reason to believe that food information law is being contravened in relation to the food.

received;

imported;

produced;

processed;

manufactured;

distributed; or

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

the food (and any food information relating to it);

the circumstances which led the food business operator to inform Food Standards Scotland under section 15C(1) above.

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 a food hygiene information scheme;

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 F115EU 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 F115EU 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.