Explanatory Notes

Food Standards Act 1999

1999 CHAPTER 28

11 November 1999

Commentary on Sections

Section 38: Application of Act to Crown

143.This section applies the requirements and powers contained in the Act (including powers of entry) to activities and premises carried out or used by or on behalf of the Crown (but does not apply to the Queen in her private capacity). This reflects the provisions of the Food Safety Act 1990, which is applied to the Crown by section 54 of that Act.

144.Subsection (3) permits the Secretary of State to certify that powers of entry should not be exercised in relation to specified premises of national security importance, such as defence establishments.