Part I PRELIMINARY
1 Meaning of “food” and other basic expressions.
F1(1)
In this Act “food” has the same meaning as it has in Regulation ( EC ) No. 178/2002 .
(2)
In this Act “Regulation ( EC ) No. 178/2002 ” means Regulation ( EC ) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.
(3)
In this Act, unless the context otherwise requires—
“business” includes the undertaking of a canteen, club, school, hospital or institution, whether carried on for profit or not, and any undertaking or activity carried on by a public or local authority;
“commercial operation”, in relation to any food or contact material, means any of the following, namely—
(a)
selling, possessing for sale and offering, exposing or advertising for sale;
(b)
consigning, delivering or serving by way of sale;
(c)
preparing for sale or presenting, labelling or wrapping for the purpose of sale;
(d)
storing or transporting for the purpose of sale;
(e)
importing and exporting;
and, in relation to any food source, means deriving food from it for the purpose of sale or for purposes connected with sale;
“contact material” means any article or substance which is intended to come into contact with food;
“food business” means any business in the course of which commercial operations with respect to food or food sources are carried out;
“food premises” means any premises used for the purposes of a food business;
“food source” means any growing crop or live animal, bird or fish from which food is intended to be derived (whether by harvesting, slaughtering, milking, collecting eggs or otherwise);
“premises” includes any place, any vehicle, stall or moveable structure and, for such purposes as may be specified in an order made by F2 the Secretary of State, any ship or aircraft of a description so specified.
(4)
The reference in subsection (3) above to preparing for sale shall be construed, in relation to any contact material, as a reference to manufacturing or producing for the purpose of sale.
2 Extended meaning of “sale” etc.
(1)
For the purposes of this Act—
(a)
the supply of food, otherwise than on sale, in the course of a business; and
(b)
any other thing which is done with respect to food and is specified in an order made by F3the Secretary of State,
shall be deemed to be a sale of the food, and references to purchasers and purchasing shall be construed accordingly.
(2)
This Act shall apply—
(a)
in relation to any food which is offered as a prize or reward or given away in connection with any entertainment to which the public are admitted, whether on payment of money or not, as if the food were, or had been, exposed for sale by each person concerned in the organisation of the entertainment;
(b)
in relation to any food which, for the purpose of advertisement or in furtherance of any trade or business, is offered as a prize or reward or given away, as if the food were, or had been, exposed for sale by the person offering or giving away the food; and
(c)
in relation to any food which is exposed or deposited in any premises for the purpose of being so offered or given away as mentioned in paragraph (a) or (b) above, as if the food were, or had been, exposed for sale by the occupier of the premises;
and in this subsection “entertainment” includes any social gathering, amusement, exhibition, performance, game, sport or trial of skill.
3 Presumptions that food intended for human consumption.
(1)
The following provisions shall apply for the purposes of this Act.
(2)
Any food commonly used for human consumption shall, if sold or offered, exposed or kept for sale, be presumed, until the contrary is proved, to have been sold or, as the case may be, to have been or to be intended for sale for human consumption.
(3)
The following, namely—
(a)
any food commonly used for human consumption which is found on premises used for the preparation, storage, or sale of that food; and
(b)
any article or substance commonly used in the manufacture of food for human consumption which is found on premises used for the preparation, storage or sale of that food,
shall be presumed, until the contrary is proved, to be intended for sale, or for manufacturing food for sale, for human consumption.
(4)
Any article or substance capable of being used in the composition or preparation of any food commonly used for human consumption which is found on premises on which that food is prepared shall, until the contrary is proved, be presumed to be intended for such use.
F44 Ministers having functions under Act.
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5 Food authorities and authorised officers.
(1)
Subject to subsections (3) and (4) below, the food authorities in England F5. . . are—
(a)
as respects each London borough, district or non-metropolitan county, the council of that borough, district or county;
(b)
as respects the City of London (including the Temples), the Common Council;
(c)
as respects the Inner Temple or the Middle Temple, the appropriate Treasurer.
F6(d)
as respects the Isles of Scilly, the council of the Isles of Scilly.
F7(1A)
Subject to subsection (3)(a) and (b) below, the food authorities in Wales are, as respects each county or county borough, the council of that county or county borough.
(2)
Subject to subsection (3)(a) below, the food authorities in Scotland are the F8councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
(3)
Where any functions under this Act are assigned—
(a)
by an order under section 2 or 7 of the M1Public Health (Control of Disease) Act 1984, to a port health authority F9or, by an order under section 172 of the M2Public Health (Scotland) Act 1897, to a port local authority;
(b)
by an order under section 6 of the M3Public Health Act 1936, to a joint board for a united district; or
(c)
by an order under paragraph 15(6) of Schedule 8 to the M4Local Government Act 1985, to a single authority for a metropolitan county,
any reference in this Act to a food authority shall be construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.
(4)
F10The Secretary of Statemay by order provide, either generally or in relation to cases of a particular description, that any functions under this Act which are exercisable concurrently—
(a)
as respects a non-metropolitan district, by the council of that district and the council of the non-metropolitan county;
(b)
as respects the Inner Temple or the Middle Temple, by the appropriate Treasurer and the Common Council,
shall be exercisable solely by such one of those authorities as may be specified in the order.
(5)
In this section—
“the appropriate Treasurer” means the Sub-Treasurer in relation to the Inner Temple and the Under Treasurer in relation to the Middle Temple;
“the Common Council” means the Common Council of the City of London;
“port local authority” includes a joint port local authority.
(6)
In this Act “authorised officer”, in relation to a food authority, means any person (whether or not an officer of the authority) who is authorised by them in writing, either generally or specially, to act in matters arising under this Act; but if regulations made by F10the Secretary of State so provide, no person shall be so authorised unless he has such qualifications as may be prescribed by the regulations.
6 Enforcement of Act.
(1)
In this Act “the enforcement authority”, in relation to any provisions of this Act or any regulations or orders made under it, means the authority by whom they are to be enforced and executed.
(2)
Every food authority shall enforce and execute within their area the provisions of this Act with respect to which the duty is not imposed expressly or by necessary implication on some other authority.
(3)
(4)
Regulations or orders under this Act shall specify which of the following authorities are to enforce and execute them, either generally or in relation to cases of a particular description or a particular area, namely—
(a)
(b)
in the case of regulations, the Commissioners of Customs and Excise;
and any such regulations or orders may provide for the giving of assistance and information, by any authority concerned in the administration of the regulations or orders, or of any provisions of this Act, to any other authority so concerned, for the purposes of their respective duties under them.
(5)
An enforcement authority in England and Wales may institute proceedings under any provisions of this Act or any regulations or orders made under it F19. . ..
F20(5A)
The Secretary of State may take over the conduct of any such proceedings which have been instituted by some other person.
(5B)
The Secretary of State may direct the Food Standards Agency to take over the conduct of any such proceedings which have been instituted by some person other than the Agency.
(5C)
The Food Standards Agency may take over the conduct of any such proceedings which have been instituted by some other person, but (unless the Agency has been directed to do so under subsection (5B) above) only with the consent of the person who instituted them.
F21(6)
In this Act “authorised officer”, in relation to an enforcement authority, means any person (whether or not an officer of the authority) who is authorised by the authority in writing, either generally or specially, to act in matters arising under this Act and regulations and orders made under it; but if regulations made by F22the Secretary of Stateso provide, no person shall be so authorised unless he has such qualifications as may be prescribed by the regulations.