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1

An authorised officer of a food authority may at all reasonable times inspect any food intended for human consumption which has been placed on the market and subsections (2) to (7) below apply where, on such an inspection, it appears to the authorised officer that the placing on the market of any food fails to comply with any of the requirements specified in regulation F3... 5(2) of the Contaminants in Food (Wales) Regulations 2013, (“F4the retained EU law requirements”).

2

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give notice to the person in charge of the food that, until the notice is withdrawn, the food or any specified portion of it —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 to be removed to a place at which there are facilities to carry out sampling in the manner required by law; or

b

seize the food and remove it in order to have it dealt with by a justice of the peace.

3

Where the authorised officer exercises the power conferred by subsection (2)(a) above, that officer must, as soon as is reasonably practicable and in any event within 21 days, determine whether or not the food complies with F4the retained EU law requirements and —

a

if satisfied that it does comply, shall forthwith withdraw the notice;

b

if not so satisfied, shall seize the food and remove it in order to have it dealt with by a justice of the peace.

4

Where an authorised officer exercises the powers conferred by subsection (2)(b) or (3)(b) above, the officer must inform the person in charge of the food of the intention to have it dealt with by a justice of the peace and —

a

any person who in connection with any of F4the retained EU law requirements might be liable to a prosecution in respect of the food shall, if that person 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 proceeded against for an offence in connection with any of F4the retained EU law requirements in relation to that food.

5

If it appears to a justice of the peace, on the basis of such evidence as the justice considers appropriate in the circumstances, that any food falling to be dealt with under this section fails to comply with any of F4the retained EU law requirements the justice must 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.

6

If a notice under subsection (2)(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 must compensate the owner of the food for any depreciation in its value resulting from the action taken by the authorised officer.

7

Any disputed question as to the right to or the amount of any compensation payable under subsection (6) above must be determined by arbitration.

8

Any person who knowingly contravenes the requirements of a notice under subsection (2)(a) above is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.