Food Safety Act 1990
Part I PRELIMINARY
1 Meaning of “food” and other basic expressions.
2 Extended meaning of “sale” etc.
3 Presumptions that food intended for human consumption.
4 Ministers having functions under Act.
5 Food authorities and authorised officers.
6 Enforcement of Act.
Part II MAIN PROVISIONS
Food safety
7 Rendering food injurious to health.
8 Selling food not complying with food safety requirements.
9 Inspection and seizure of suspected food.
10 Improvement notices.
11 Prohibition orders.
12 Emergency prohibition notices and orders.
13 Emergency control orders.
Consumer protection
14 Selling food not of the nature or substance or quality demanded.
15 Falsely describing or presenting food.
Regulations
16 Food safety and consumer protection.
17 Enforcement of Community provisions.
18 Special provisions for particular foods etc.
19 Registration and licensing of food premises.
Defences etc.
20 Offences due to fault of another person.
21 Defence of due diligence.
22 Defence of publication in the course of business.
Miscellaneous and supplemental
23 Provision of food hygiene training.
24 Provision of facilities for cleansing shellfish.
25 Orders for facilitating the exercise of functions.
26 Regulations and orders: supplementary provisions.
Part III ADMINISTRATION AND ENFORCEMENT
Administration
27 Appointment of public analysts.
28 Provision of facilities for examinations.
Sampling and analysis etc.
29 Procurement of samples.
30 Analysis etc. of samples.
31 Regulation of sampling and analysis etc.
Powers of entry and obstruction etc.
32 Powers of entry.
33 Obstruction etc. of officers.
Offences
34 Time limit for prosecutions.
35 Punishment of offences.
36 Offences by bodies corporate.
36AOffences by Scottish partnerships.
Appeals
37 Appeals to magistrates’ court or sheriff.
38 Appeals to Crown Court.
39 Appeals against improvement notices.
Part IV MISCELLANEOUS AND SUPPLEMENTAL
Powers of Ministers
40 Power to issue codes of practice.
41 Power to require returns.
42 Default powers.
Protective provisions
43 Continuance of registration or licence on death.
44 Protection of officers acting in good faith.
Financial provisions
45 Regulations as to charges.
46 Expenses of authorised officers and county councils.
47 Remuneration of tribunal chairmen.
Instruments and documents
48 Regulations and orders.
49 Form and authentication of documents.
50 Service of documents.
Amendments of other Acts
51 Contamination of food: emergency orders.
52 Markets, sugar beet and cold storage.
Supplemental
53 General interpretation.
54 Application to Crown.
55 Water supply: England and Wales.
56 Water supply: Scotland.
57 Scilly Isles and Channel Islands.
58 Territorial waters and the continental shelf.
59 Amendments, transitional provisions, savings and repeals.
60 Short title, commencement and extent.
SCHEDULES
SCHEDULE 1 Provisions of Regulations under Section 16(1)
Composition of food
1Provision for prohibiting or regulating— (a) the sale, possession for...
Fitness etc. of food
2(1) Provision for prohibiting— (a) the sale for human consumption;...
3(1) Provision for regulating generally the treatment and disposal of...
Processing and treatment of food
4Provision for the following, namely— (a) for the giving by...
Food hygiene
5(1) Provision for imposing requirements as to—
6(1) Provision for imposing responsibility for compliance with any requirements...
Production of food sources
6AProvision for prohibiting or regulating— (a) the possession, sale or...
Inspection etc. of food sources
7(1) Provision for securing the inspection of food sources by...
SCHEDULE 2 Amendments of Parts III and V of 1984 Act
Amendments of Part III
1Part III of the 1984 Act (markets) shall be amended...
2(1) In subsection (1) of section 50 (establishment or acquisition...
3In section 51(2) (power to sell to local authority), the...
4(1) In subsection (1) of section 53 (charges by market...
5For subsection (2) of section 54 (time for payment of...
6In section 56(1) (prohibited sales in market hours), for the...
7In section 57 (weighing machines and scales), subsection (1) shall...
8After that section there shall be inserted the following section—...
9Section 58 (weighing of articles) shall cease to have effect....
10In section 60 (market byelaws), after paragraph (c) there shall...
11In section 61 (interpretation of Part III), the words from...
Amendments of Part V
12Part V of the 1984 Act (sugar beet and cold...
13(1) In subsections (1) and (2) of section 68 (research...
14In subsection (3) of section 69 (crop price), for the...
15After that section there shall be inserted the following section—...
16Section 70 (provision of cold storage) shall cease to have...
SCHEDULE 3 Minor and Consequential Amendments
The Public Health Act 1936 (c. 49)
1An order made by the Secretary of State under section...
The London Government Act 1963 (c. 33)
2Section 54(1) of the London Government Act 1963 (food, drugs,...
The Agriculture Act 1967 (c. 22)
3In section 7(3) of the Agriculture Act 1967 (labelling of...
4(1) In subsection (2) of section 25 of that Act...
The Farm and Garden Chemicals Act 1967 (c. 50)
5In section 4 of the Farm and Garden Chemicals Act...
The Trade Descriptions Act 1968 (c. 29)
6In section 2(5)(a) of the Trade Descriptions Act 1968 (certain...
7In section 22 of that Act (admissibility of evidence in...
The Medicines Act 1968 (c. 67)
8In section 108 of the Medicines Act 1968 (enforcement in...
9In section 109 of that Act (enforcement in Scotland)—
10After section 115 of that Act there shall be inserted...
11In section 132(1) of that Act (interpretation), the definition of...
12In paragraph 1(2) of Schedule 3 to that Act (sampling)...
The Transport Act 1968 (c. 73)
13In Schedule 16 to the Transport Act 1968 (supplementary and...
The Tribunals and Inquiries Act 1971 (c. 62)
14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Agriculture (Miscellaneous Provisions) Act 1972 (c. 62)
15(1) In subsection (1) of section 4 of the Agriculture...
The Poisons Act 1972 (c. 66)
16In section 8(4)(a) of the Poisons Act 1972 (evidence of...
The Local Government Act 1972 (c. 70)
17In section 259(3) of the Local Government Act 1972 (compensation...
The Slaughterhouses Act 1974 (c. 3)
18In the following provisions of the Slaughterhouses Act 1974, namely—...
The Licensing (Scotland) Act 1976 (c. 66)
19In section 23(4) of the Licensing (Scotland) Act 1976 (application...
The Weights and Measures &c. Act 1976 (c. 77)
20(1) In subsection (1) of section 12 of the Weights...
21In Schedule 6 to that Act (temporary requirements imposed by...
The Hydrocarbon Oil Duties Act 1979 (c. 5)
22In Schedule 5 to the Hydrocarbon Oil Duties Act 1979...
The Slaughter of Animals (Scotland) Act 1980 (c. 13)
23In section 19(2) of the Slaughter of Animals (Scotland) Act...
24In section 22 of that Act (interpretation)—
The Civic Government (Scotland) Act 1982 (c. 45)
25In section 39 of the Civic Government (Scotland) Act 1982...
The Public Health (Control of Disease) Act 1984 (c. 22)
26In section 3(2) of the Public Health (Control of Disease)...
27In section 7(3) of that Act (London port health authority),...
28(1) In subsection (1) of section 20 of that Act...
The Food and Environment Protection Act 1985 (c. 48)
29In section 24(1) of the Food and Environment Protection Act...
30In section 25 of that Act (Northern Ireland) after subsection...
The Local Government Act 1985 (c. 51)
31In paragraph 15 of Schedule 8 to the Local Government...
The Weights and Measures Act 1985 (c. 72)
32In section 38 of the Weights and Measures Act 1985...
33In section 93 of that Act (powers under other Acts...
34In section 94(1) of that Act (interpretation), in the definition...
The Agriculture Act 1986 (c. 49)
35In section 1(6) of the Agriculture Act 1986 (provision of...
The National Health Service (Amendment) Act 1986 (c. 66)
36(1) In subsection (2) of section 1 of the National...
The Consumer Protection Act 1987 (c. 43)
37In section 19(1) of the Consumer Protection Act 1987 (interpretation...
The Road Traffic Offenders Act 1988 (c. 53)
38In section 16(7) of the Road Traffic Offenders Act 1988...
SCHEDULE 4 Transitional Provisions and Savings
Ships and aircraft
1In relation to any time before the commencement of the...
Regulations under the 1984 Act
2(1) In so far as any existing regulations made, or...
Regulations under the 1956 Act
3Any existing regulations made, or having effect as if made,...
Other regulations
4In so far as any existing regulations made under section...
Orders with respect to milk in Scotland
5the Milk and Dairies (Scotland) Act 1914 (orders with respect...
Disqualification orders
6The repeal by this Act of section 14 of the...
Food hygiene byelaws
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Closure orders
8The repeal by this Act of section 21 of the...
SCHEDULE 5 Repeals

Royal arms

Food Safety Act 1990

1990 CHAPTER 16

An Act to make new provision in place of the Food Act 1984 (except Parts III and V), the Food and Drugs (Scotland) Act 1956 and certain other enactments relating to food; to amend Parts III and V of the said Act of 1984 and Part I of the Food and Environment Protection Act 1985; and for connected purposes.

BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—