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Part IIE+W+S MAIN PROVISIONS

Modifications etc. (not altering text)

C1Pts. I-III (ss. 1-39): functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2

Pts. I-III (ss. 1-39): certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch. 2

C2Pts. I-III (ss. 1-39) applied (with modifications) (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2

C5Pt. II applied (with modifications) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2

Food safetyE+W+S

7 Rendering food injurious to health.E+W+S

(1)Any person who renders any food injurious to health by means of any of the following operations, namely—

(a)adding any article or substance to the food;

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

(c)abstracting any constituent from the food; and

(d)subjecting the food to any other process or treatment,

with intent that it shall be sold for human consumption, shall be guilty of an offence.

[F1(2)In determining for the purposes of this section whether any food is injurious to health, regard shall be had to the matters specified in sub–paragraphs (a) to (c) of Article 14(4) of Regulation (EC) No. 178/2002.]

F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2S. 7(3) omitted (1.1.2005) by virtue of General Food Regulations 2004 (S.I. 2004/3279), regs. 1, 9(b)

8 Selling food not complying with food safety requirements.E+W+S

F3(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(2)For the purposes of this Part food fails to comply with food safety requirements if it is unsafe within the meaning of Article 14 of Regulation (EC) No. 178/2002 and references to food safety requirements or to food complying with such requirements shall be construed accordingly.]

(4)For the purposes of this Part, any part of, or product derived wholly or partly from, an animal—

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

(b)in Scotland, which has been slaughtered otherwise than in a slaughterhouse,

shall be deemed to be unfit for human consumption.

(5)In subsection (4) above, in its application to Scotland, “animal” means any description of cattle, sheep, goat, swine, horse, ass or mule; and paragraph (b) of that subsection shall not apply where accident, illness or emergency affecting the animal in question required it to be slaughtered as mentioned in that paragraph.

Textual Amendments

F3S. 8(1) omitted (1.1.2005) by virtue of General Food Regulations 2004 (S.I. 2004/3279), regs. 1, 10(a)

F4S. 8(2) substituted for s. 8(2)(3) (1.1.2005) by General Food Regulations 2004 (S.I. 2004/3279), regs. 1, 10(b)

Modifications etc. (not altering text)

C6S. 8(2) applied (with modifications) (17.11.1997) by S.I. 1997/2537, reg. 9(2)

9 Inspection and seizure of suspected food.E+W+S

(1)An authorised officer of a food authority may at all reasonable times inspect any food intended for human consumption which—

(a)has been sold or is offered or exposed for sale; F5...

(b)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;

[F6or

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

and subsections (3) to (9) below shall apply where, on such an inspection, it appears to the authorised officer that any food fails to comply with food safety requirements.

(2)The following provisions shall also apply where, otherwise than on such an inspection, it appears to an authorised officer of a food authority that any food is likely to cause food poisoning or any disease communicable to human beings.

(3)The authorised officer may either—

(a)give notice to the person in charge of the food that, until the notice is withdrawn, the food or any specified portion of it—

(i)is not to be used for human consumption; and

(ii)either is not to be removed or is not to be removed except to some place specified in the notice; or

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

and any person who knowingly contravenes the requirements of a notice under paragraph (a) above shall be guilty of an offence.

(4)Where the authorised officer exercises the powers conferred by subsection (3)(a) above, he shall, as soon as is reasonably practicable and in any event within 21 days, determine whether or not he is satisfied that the food complies with food safety requirements and—

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

(b)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.

(5)Where an authorised officer exercises the powers conferred by subsection (3)(b) or (4)(b) above, he shall inform the person in charge of the food of his intention to have it dealt with by a justice of the peace and—

(a)any person who under section 7 [F7, 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 Regulations] [F8or regulation [F94(a)] [F94(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

(b)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.

(6)If it appears to a justice of the peace, on the basis of such evidence as he considers appropriate in the circumstances, that any food falling to be dealt with by him under this section fails to comply with food safety requirements, he shall condemn the food and order—

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

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

(7)If a notice under subsection (3)(a) above is withdrawn, or the justice of the peace by whom any food falls to be dealt with under this section refuses to condemn it, the food authority shall compensate the owner of the food for any depreciation in its value resulting from the action taken by the authorised officer.

(8)Any disputed question as to the right to or the amount of any compensation payable under subsection (7) above shall be determined by arbitration.

(9)In the application of this section to Scotland—

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

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

(c)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

(d)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.

Textual Amendments

F5Word in s. 9(1) omitted (1.1.2005) by virtue of General Food Regulations 2004 (S.I. 2004/3279), regs. 1, 11(a)(i)

F6S. 9(1)(c) and word inserted (1.1.2005) by General Food Regulations 2004 (S.I. 2004/3279), regs. 1, 11(a)(ii)

F8Words in s. 9(5) substituted (1.1.2005) by General Food Regulations 2004 (S.I. 2004/3279), regs. 1, 11(b)

Modifications etc. (not altering text)

C7S. 9 extended (with modifications) (8.1.1992) by S.I. 1991/2843, reg. 22(2)

C8S. 9 applied: (9.4.1992) by S.I. 1992/496, reg. 7(3); (31.12.1992) by S.I. 1992/3236, reg. 11(3)

S. 9 applied (14.7.1993) by S.I. 1993/1520, reg. 2(4)

S. 9 applied: (1.4.1994) by S.I. 1994/743, reg. 8(3); (3.10.1994) by S.I. 1994/2328, reg. 11(c)

S. 9 applied: (9.5.1995) by S.I. 1995/1086, reg. 20(4); (15.6.1995) by S.I. 1995/1372, reg. 20(4)

S. 9 applied: (S.) (1.1.2003) by S.S.I. 2002/523, reg. 5(3); (W.) (9.1.2003) by S.I. 2002/3157, reg. 5(3); (E.) (13.1.2003) by S.I. 2002/3169, reg. 5(3)

C9S. 9 applied (with modifications): (20.9.1995) by S.I. 1995/2148, reg. 17; (1.1.1996) by S.I. 1995/3205, reg. 14

S. 9 applied (with modifications): (5.7.1996) by S.I. 1996/1743, reg. 5 (which S.I. was revoked (1.9.1996) by S.I. 1996/2097, reg. 8); (1.9.1996) by S.I. 1996/2097, reg. 6

S. 9 applied (with modifications): (11.8.1997) by: S.I. 1997/1729, reg. 34(2); S.I. 1997/1729, reg. 34(3); (16.12.1997) by S.I. 1997/2959, reg. 11; (1.1.1998) by S.I. 1997/2965, reg. 30 (with reg. 32)

S. 9 applied (with modifications): (S.) (20.8.1999) by S.S.I. 1999/32, art. 5(1) and S.S.I. 1999/33, art. 5(1); (S.) (17.12.1999) by S.S.I. 1999/186, art. 9; (5.6.1999) by S.I. 1999/1542, art. 4(1) and S.I. 1999/1543, art. 4(1); (21.7.1999) by S.I. 1999/2025, art. 5(1) and S.I. 1999/2026, art. 5(1); (S.) (29.7.1999) by S.S.I. 1999/15, reg. 5; (18.8.1999) by S.I. 1999/2332, art. 5(1) and S.I. 1999/2333, art. 5(1); (12.10.1999) by S.I. 1999/2798, art. 5(1) and S.I. 1999/2799, art. 5(1); (23.12.1999) by S.I. 1999/3421, art. 5(1) and S.I. 1999/3422, art. 5(1)

S. 9 applied (with modifications): (S.) (17.2.2000) by S.S.I. 2000/15, art. 5(1) and S.S.I. 2000/16, art. 5(1); (E.W.) (8.3.2000) by S.I. 2000/587, art. 5(1) and S.I. 2000/588, art. 5(1)

S. 9 applied (with modifications): (E.) (2.2.2002) by S.I. 2002/183, reg. 6(2)(3) (which S.I. was revoked (20.6.2002) by S.I. 2002/1614, reg. 6); (W.) (2.2.2002) by S.I. 2002/203, reg. 6(2)(3) (which S.I. was revoked (12.7.2002) by S.I. 2002/1798, reg. 6); (S.) (2.2.2002) by S.S.I. 2002/36, reg. 6(2)(3) (which S.S.I. was revoked (24.6.2002) by S.S.I. 2002/300, reg. 6); (E.) (16.2.2002) by S.I. 2002/334, art. 5(2)(3); (S.) (16.2.2002) by S.S.I. 2002/64, art. 5(2)(3); (W.) (23.2.2002) by S.I. 2002/402, art. 5(2)(3); (E.) (23.3.2002) by S.I. 2002/773, reg. 5(2)(3) (which S.I. was revoked (13.9.2002) by S.I. 2002/2351, reg. 7); (E.) (23.3.2002) by S.I. 2002/774, reg. 5(2)(3) (which S.I. was revoked (13.9.2002) by S.I. 2002/2350, reg. 7); (S.) (25.3.2002 at 1700 hours) by S.S.I. 2002/148, regs. 1(1), 5(2)(3) (which S.S.I. was revoked by S.S.I. 2002/424, reg. 7); (S.) (25.3.2002 at 1700 hours) by S.S.I. 2002/149, regs. 1(1), 5(2)(3) (which S.S.I. was revoked by S.S.I. 2002/425, reg. 7); (W.) (26.3.2002) by S.I. 2002/820, reg. 5(2)(3) (which S.I. was revoked (9.9.2002) by S.I. 2002/2295, reg. 7); (W.) (26.3.2002) by S.I. 2002/821, reg. 5(2)(3) (which S.I. was revoked (9.9.2002) by S.I. 2002/2296, reg. 7); (E.) (4.4.2002) by S.I. 2002/931, reg. 5(2)(3); (W.) (16.4.2002) by S.I. 2002/1090, reg. 5(2)(3); (E.) (19.4.2002) by S.I. 2002/843, reg. 77(1)(a)(3); (W.) (27.5.2002) by S.I. 2002/1416, reg. 77(1)(a)(3); (E.) (18.6.2002) by S.I. 2002/890, reg. 7(2)-(4); (S.) (19.6.2002) by S.S.I. 2002/255, reg. 76(1)(a)(3); (E.) (20.6.2002) by S.I. 2002/1614, reg. 5(2)(3); (S.) (24.6.2002) by S.S.I. 2002/300, reg. 5(2)(3); (S.) (1.7.2002) by S.S.I. 2002/267, reg. 7(2)-(4); (W.) (12.7.2002) by S.I. 2002/1798, reg. 5(2)(3); (W.) (2.8.2002) by S.I. 2002/1886, reg. 7(2)-(4)

C10S. 9 applied (with modifications) (E.) (30.6.2003) by Contaminants in Food (England) Regulations 2003 (S.I. 2003/1478), regs. 1, 7(2), 7(3)

C11S. 9 applied (with modifications) (1.7.2003) by Contaminants in Food (Scotland) Regulations 2003 (S.S.I. 2003/289), regs. 1(1), 7(2) (with reg. 7(3))

C12S. 9 amendment to earlier affecting provision SI 2002/931 reg. 5(2) (17.4.2004) by Food (Jelly Confectionery) (Emergency Control) (England) (Amendment) Regulations 2004 (S.I. 2004/1151), regs. 1, 2(5)

C13S. 9 applied (with modifications) (4.10.2004) by Genetically Modified Food (England) Regulations 2004 (S.I. 2004/2335), regs. 1(b), 7(2)

C14S. 9 applied (with modifications) (15.11.2004) by Genetically Modified Food (Scotland) Regulations 2004 (S.S.I. 2004/432), regs. 1(1), 6(4)

C15S. 9 applied (with modifications) (17.12.2004) by Genetically Modified Food (Wales) Regulations 2004 (S.I. 2004/3220), regs. 1(b), 7(2)

C16S. 9 applied (with modifications) (20.12.2004) by Contaminants in Food (England) Regulations 2004 (S.I. 2004/3062), regs. 1, 7(2), 7(3)

C17S. 9 applied (with modifications) (25.12.2004) by Contaminants in Food (Scotland) Regulations 2004 (S.S.I. 2004/525), regs. 1(1), 7(2), 7(3)

C18S. 9 applied (with modifications) (1.3.2005) by The Contaminants in Food (Wales) Regulations 2005 (S.I. 2005/364), regs. 1, 7(2)

C19S. 9 applied (with modifications) (1.1.2006) by Contaminants in Food (Scotland) Regulations 2005 (S.S.I. 2005/606), regs. 1(1), 6(2), 6(3)

C20S. 9 applied (with modifications) (1.1.2006) by The Food Hygiene (Wales) Regulations 2005 (S.I. 2005/3292), regs. 1, 23

C21S. 9 applied (with modifications) (1.1.2006) by Food Hygiene (Scotland) 2005 (S.S.I. 2005/505), regs. 1(b), 23

C22S. 9 applied (with modifications) (1.1.2006) by Contaminants in Food (England) Regulations 2005 (S.I. 2005/3251), regs. 1, 6(2), 6(3)

C23S. 9 applied (with modifications) (1.1.2006) by The Food Hygiene (England) Regulations 2005 (S.I. 2005/2059), regs. 1(b), 23

C24S. 9 applied (with modifications) (11.1.2006) by The Food Hygiene (England) Regulations 2006 (S.I. 2006/14), regs. 1(b), 23

C27S. 9 applied (with modifications) (1.3.2006) by The Contaminants in Food (Wales) Regulations 2006 (S.I. 2006/485), regs. 1, 6(2), 6(3)

C28S. 9 applied (with modifications) (1.7.2006) by Contaminants in Food (Scotland) Regulations 2006 (S.S.I. 2006/306), regs. 1(1), 5(2), 5(3)

C29S. 9 applied (with modifications) (1.7.2006) by Contaminants in Food (England) Regulations 2006 (S.I. 2006/1464), regs. 1, 5(2), 5(3)

C30S. 9 applied (with modifications) (13.7.2006) by Contaminants in Food (Wales) (No.2) Regulations 2006 (S.I. 2006/1850), regs. 1, 5(2), 5(3)

C31S. 9 applied (with modifications) (14.7.2006) by Kava-kava in Food (Wales) Regulations 2006 (S.I. 2006/1851), regs. 1(b), 5(2)

C32S. 9 applied (with modifications) (1.3.2007) by Contaminants in Food (England) Regulations 2007 (S.I. 2007/210), regs. 1, 5(2), 5(3)

C33S. 9 applied (with modifications) (1.3.2007) by Contaminants in Food (Scotland) Regulations 2007 (S.S.I. 2007/29), regs. 1(1), 5(2), 5(3)

C35S. 9 applied (with modifications) (1.7.2009) by Contaminants in Food (Scotland) Regulations 2009 (S.S.I. 2009/215), regs. 1(1), 5(2), 5(3)

C36S. 9 applied (with modifications) (1.7.2009) by Contaminants in Food (England) Regulations 2009 (S.I. 2009/1223), regs. 1, 5(2)

C37S. 9 applied (with modifications) (1.7.2009) by The Contaminants in Food (Wales) Regulations 2009 (S.I. 2009/1386), regs. 1, 5(2), 5(3)

C39S. 9 applied (with modifications) (31.7.2009) by The Food Irradiation (Scotland) Regulations 2009 (S.S.I. 2009/261), regs. 1(b), 11(2) (with reg. 2)

C40S. 9 applied (with modifications) (31.7.2009) by The Food Irradiation (England) Regulations 2009 (S.I. 2009/1584), regs. 1, 11(2) (with reg. 2)

C44S. 9 applied (with modifications) (20.10.2010) by The Contaminants in Food (England) Regulations 2010 (S.I. 2010/2228), regs. 1, 5(2)

C45S. 9 applied (with modifications) (20.10.2010) by The Contaminants in Food (Scotland) Regulations 2010 (S.S.I. 2010/329), regs. 1, 5(2)

C48S. 9 applied (with modifications) (S.) (1.10.2013) by The Contaminants in Food (Scotland) Regulations 2013 (S.S.I. 2013/217), regs. 1, 8(2), (3)

C50S. 9 applied (with modifications) (31.10.2013) by The Contaminants in Food (England) Regulations 2013 (S.I. 2013/2196), regs. 1, 8(2) (with reg. 8(3))

C53S. 9 applied (with modifications) (31.12.2013) by The Food Safety and Hygiene (England) Regulations 2013 (S.I. 2013/2996), regs. 1(1)(c), 25 (with reg. 1(2))

C54S. 9(2)-(9) applied (with modifications) (21.5.1998) by S.I. 1998/1277, art. 4(1)(a)(2)

C55S. 9(3) applied (with modifications) (W.) (31.7.2003) by The Contaminants in Food (Wales) Regulations 2003 (S.I. 2003/1721), regs. 1, 7(2)

10 Improvement notices.E+W+S

(1)If an authorised officer of an enforcement authority has reasonable grounds for believing that the proprietor of a food business is failing to comply with any regulations to which this section applies, he may, by a notice served on that proprietor (in this Act referred to as an “improvement notice”)—

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

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

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

(d)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.

(2)Any person who fails to comply with an improvement notice shall be guilty of an offence.

(3)This section and section 11 below apply to any regulations under this Part which make provision—

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

(b)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.

Modifications etc. (not altering text)

C57S. 10 applied (3.10.1994) by S.I. 1994/2328, reg. 11(c)

C58S. 10 applied (with modifications) (2.9.2013) by The Fish Labelling Regulations 2013 (S.I. 2013/1768), regs. 1(1)(b), 7

C59S. 10 applied (with modifications) (26.9.2013) by The Fish Labelling (Wales) Regulations 2013 (S.I. 2013/2139), regs. 1(2), 5

C61S. 10(1)(2) applied (with modifications) (20.11.2013) by The Fruit Juices and Fruit Nectars (England) Regulations 2013 (S.I. 2013/2775), regs. 1(2), 17

C62S. 10(1)(2) applied (with modifications) (20.11.2013) by The Fruit Juices and Fruit Nectars (Wales) Regulations 2013 (S.I. 2013/2750), regs. 1(2), 17 (with reg. 22(1)(2))

C63S. 10(1)(2) applied (with modifications) (19.9.2014 for specified purposes, 13.12.2014 for specified purposes, 13.12.2016 in so far as not already in force) by The Food Information (Wales) Regulations 2014 (S.I. 2014/2303), regs. 1(3)(4)(b)(5)(b), 12(1), Sch. 4 Pt. 1 (with reg. 12(6)) (as amended (1.10.2021) by S.I. 2020/295, regs. 1(2), 2(9))

C64S. 10(1)(2) applied (with modifications) (13.12.2014) by The Products Containing Meat etc. (Wales) Regulations 2014 (S.I. 2014/3087), regs. 1(2), 7, Sch. 2 (with reg. 3)

C65S. 10(1)(2) applied (with modifications) (13.12.2014) by The Products Containing Meat etc. (England) Regulations 2014 (S.I. 2014/3001), reg. 7(1)(2) (with reg. 3)

11 Prohibition orders.E+W+S

(1)If—

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

(b)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 court shall by an order impose the appropriate prohibition.

(2)The health risk condition is fulfilled with respect to any food business if any of the following involves risk of injury to health, namely—

(a)the use for the purposes of the business of any process or treatment;

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

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

[F10(2A)In subsection (2) above and in sections 12(4) and 13(1) “injury” includes any impairment, whether permanent or temporary.]

(3)The appropriate prohibition is—

(a)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;

(b)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;

(c)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.

(4)If—

(a)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

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

the court may, by an order, impose a prohibition on the proprietor participating in the management of any food business, or any food business of a class or description specified in the order.

(5)As soon as practicable after the making of an order under subsection (1) or (4) above (in this Act referred to as a “prohibition order”), the enforcement authority shall—

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

(b)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;

and any person who knowingly contravenes such an order shall be guilty of an offence.

(6)A prohibition order shall cease to have effect—

(a)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;

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

(7)The enforcement authority shall issue a certificate under paragraph (a) of subsection (6) above within three days of their being satisfied as mentioned in that paragraph; and on an application by the proprietor for such a certificate, the authority shall—

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

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

(8)The court shall give a direction under subsection (6)(b) above if, on an application by the proprietor, the court thinks it proper to do so having regard to all the circumstances of the case, including in particular the conduct of the proprietor since the making of the order; but no such application shall be entertained if it is made—

(a)within six months after the making of the prohibition order; or

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

(9)Where a magistrates’ court or, in Scotland, the sheriff makes an order under section 12(2) below with respect to any food business, subsection (1) above shall apply as if the proprietor of the business had been convicted by the court or sheriff of an offence under regulations to which this section applies.

(10)Subsection (4) above shall apply in relation to a manager of a food business as it applies in relation to the proprietor of such a business; and any reference in subsection (5) or (8) above to the proprietor of the business, or to the proprietor, shall be construed accordingly.

(11)In subsection (10) above “manager”, in relation to a food business, means any person who is entrusted by the proprietor with the day to day running of the business, or any part of the business.

Textual Amendments

12 Emergency prohibition notices and orders.E+W+S

(1)If an authorised officer of an enforcement authority is satisfied that the health risk condition is fulfilled with respect to any food business, he may, by a notice served on the proprietor of the business (in this Act referred to as an “emergency prohibition notice”), impose the appropriate prohibition.

(2)If a magistrates’ court or, in Scotland, the sheriff is satisfied, on the application of such an officer, that the health risk condition is fulfilled with respect to any food business, the court or sheriff shall, by an order (in this Act referred to as an “emergency prohibition order”), impose the appropriate prohibition.

(3)Such an officer shall not apply for an emergency prohibition order unless, at least one day before the date of the application, he has served notice on the proprietor of the business of his intention to apply for the order.

(4)Subsections (2) and (3) of section 11 above shall apply for the purposes of this section as they apply for the purposes of that section, but as if the reference in subsection (2) to risk of injury to health were a reference to imminent risk of such injury.

(5)As soon as practicable after the service of an emergency prohibition notice, the enforcement authority shall affix a copy of the notice in a conspicuous position on such premises used for the purposes of the business as they consider appropriate; and any person who knowingly contravenes such a notice shall be guilty of an offence.

(6)As soon as practicable after the making of an emergency prohibition order, the enforcement authority shall—

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

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

and any person who knowingly contravenes such an order shall be guilty of an offence.

(7)An emergency prohibition notice shall cease to have effect—

(a)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;

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

(8)An emergency prohibition notice or emergency prohibition order shall cease to have effect 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.

(9)The enforcement authority shall issue a certificate under subsection (8) above within three days of their being satisfied as mentioned in that subsection; and on an application by the proprietor for such a certificate, the authority shall—

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

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

(10)Where an emergency prohibition notice is served on the proprietor of a business, the enforcement authority shall compensate him in respect of any loss suffered by reason of his complying with the notice unless—

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

(b)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;

and any disputed question as to the right to or the amount of any compensation payable under this subsection shall be determined by arbitration or, in Scotland, by a single arbiter appointed, failing agreement between the parties, by the sheriff.

13 Emergency control orders.E+W+S

(1)If it appears to [F11the Secretary of State] that the carrying out of commercial operations with respect to food, food sources or contact materials of any class or description involves or may involve imminent risk of injury to health, he may, by an order (in this Act referred to as an “emergency control order”), prohibit the carrying out of such operations with respect to food, food sources or contact materials of that class or description.

(2)Any person who knowingly contravenes an emergency control order shall be guilty of an offence.

(3)[F12The Secretary of State][F13or the Food Standards Agency]may consent, either unconditionally or subject to any condition that [F14the authority giving the consent] considers appropriate, to the doing in a particular case of anything prohibited by an emergency control order.

(4)It shall be a defence for a person charged with an offence under subsection (2) above to show—

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

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

(5)[F15The Secretary of State]— [F16or the Food Standards Agency]

(a)may give such directions as appear to [F17the 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 [F17the authority giving the directions]believes, on reasonable grounds, to be food, food sources or contact materials to which an emergency control order applies; and

(b)may do anything which appears to [F17the authority giving the directions] to be necessary or expedient for that purpose.

(6)Any person who fails to comply with a direction under this section shall be guilty of an offence.

(7)If [F18the Secretary of State][F19or the Food Standards Agency]does anything by virtue of this section in consequence of any person failing to comply with an emergency control order or a direction under this section, [F20that authority] may recover from that person any expenses reasonably incurred by him under this section.

[F21(8)In the application of this section to Scotland, the references to the Food Standards Agency are to be ignored.]

Textual Amendments

F11Words in s. 13(1) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 8 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F12Words in s. 13(3) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 11(1)(2) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F13Words in s. 13(3) inserted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 11(1)(2) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F14Words in s. 13(3) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 11(1)(2) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F15Words in s. 13(5) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 11(1)(3) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F16Words in s. 13(5) inserted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 11(1)(3) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F17Words in s. 13(5) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 11(1)(3) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F18Words in s. 13(7) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 11(1)(4) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F19Words in s. 13(7) inserted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 11(1)(4) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F20Words in s. 13(7) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 11(1)(4) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

Modifications etc. (not altering text)

C69S. 13(1) amended (1.4.2000) by 1999 c. 28, s. 17(1)(b) (with s. 38); S.I. 2000/1066, art. 2

C70S. 13(3) amended (1.4.2000) by 1999 c. 28, s. 18, Sch. 3 Pt. I para. 1, 3 (with s. 38); S.I. 2000/1066, art. 2