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The Food (Northern Ireland) Order 1989

1989/846 · Made 16 May 1989

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NORTHERN IRELAND

Made 16th May 1989

Coming into Operation 17th August 1989

At the Court at Buckingham Palace, the 16th day of May 1989

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order has been approved by a resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act 1974f1 andof all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Annotations to the whole text

Footnotes

f1

1974 c. 28

Contents

  1. Part I: INTRODUCTORY
  2. 1Title and commencement
  3. 2Interpretation
  4. Part II: GENERAL PROVISIONS AS TO FOOD
  5. Composition and labelling of food
  6. 3Offences as to preparation and sale of injurious foods
  7. 4General protection for purchasers of food
  8. 5Defences available in proceedings under Article 4
  9. 6Regulations as to composition of food, etc.
  10. 7Power of Department to obtain particulars of ingredients
  11. 8Labels and advertisements describing food incorrectly
  12. 9Regulations as to labelling and description of food
  13. Food unfit for human consumption
  14. 10Prohibition on sale, etc., of food unfit for human consumption
  15. 11Examination and seizure of suspected food
  16. 12Food offered as prizes, etc.
  17. 13Power to examine food in course of transit
  18. 14Products of knackeries
  19. Hygiene
  20. 15Regulations as to food hygiene
  21. 16Power of court to disqualify person for carrying on a food business
  22. 17Byelaws as to handling and sale of food
  23. Registration and licensing
  24. 18Registration of manufacturers of, and traders in, ice-cream
  25. 19Extension to other food businesses of provisions relating to registration, etc.
  26. 20Licensing of vehicles, etc.
  27. Control of food premises
  28. 21Interpretation (Articles 22 to 26)
  29. 22Closure of premises
  30. 23Emergency order for closure of premises
  31. 24Compensation
  32. 25Appeals
  33. 26Saving for certain licensed uses of premises
  34. Special provisions as to certain foods
  35. 27Regulations as to milk
  36. 28Prohibition of sale of milk from diseased cows
  37. 29Certain additions not to be made to milk and certain liquids not to be sold as milk
  38. 30Cream substitutes
  39. 31Sign to be displayed on premises, etc., where horseflesh is sold for human consumption
  40. Cold stores
  41. 32Power to provide cold stores
  42. Food poisoning
  43. 33Provisions as to suspected food
  44. Part III: ADMINISTRATION AND ENFORCEMENT
  45. Administration
  46. 34Authorities responsible for enforcement
  47. 35Meaning of “authorised officer”
  48. Sampling and analysis
  49. 36Public analysts
  50. 37Facilities for examination of food and drugs
  51. 38Powers of sampling
  52. 39Right to have samples analysed
  53. 40Disposal of samples taken for analysis
  54. 41Special provisions as to sampling of milk otherwise than by sampling officers
  55. 42Special provisions as to sampling of milk by sampling officers
  56. 43Power of Department to have foods analysed and examined
  57. 44Provision for cases in which division into parts is impracticable
  58. 45Examination by district councils of food not for sale
  59. 46Quarterly reports of analysts
  60. Entry, obstruction, etc.
  61. 47Power to enter premises
  62. 48Power to enter vehicles, etc.
  63. 49Powers of entry of Departments' officers
  64. 50Persons obstructing execution of Order
  65. Part IV: PROCEDURE AND EVIDENCE
  66. Legal proceedings and evidence
  67. 51Offences
  68. 52Prosecutions
  69. 53Institution of proceedings by the Department
  70. 54Evidence of analysis
  71. 55Presumptions
  72. 56Power of court to require analysis by Government Chemist
  73. 57Contravention due to default of some other person
  74. 58Conditions under which warranty may be pleaded as defence
  75. 59Offences in relation to warranties and certificates of analysis
  76. Compensation
  77. 60Disputes as to compensation under Part II
  78. Appeals against decisions of district councils
  79. 61Right to carry on business pending appeal
  80. Continuation of licences
  81. 62Temporary continuance of licence on death
  82. Part V: MISCELLANEOUS AND GENERAL
  83. Application of this Order
  84. 63Application to Crown
  85. 64Application of Order for purposes of importation orders and regulations
  86. Provisions relating to district councils
  87. 65Notices, etc., to be in writing; forms of notices, etc.
  88. 66Proof of resolutions, etc.
  89. 67Protection for officers acting in good faith
  90. 68Default of district councils
  91. Miscellaneous
  92. 69Powers under Order to be cumulative
  93. 70Judges and justices of the peace not to be disqualified by liability to rates
  94. 71Power of Department to hold inquiries and investigations
  95. 72Orders and regulations (general)
  96. 73Regulations for purposes of Community provisions
  97. 74Expenses of sampling officers
  98. 75Repeal or amendment of local enactments
  99. 76Amendments, repeals, revocations and savings
  100. Signature
  101. Schedule 1DISEASES OF COWS TO WHICH ARTICLE 28 APPLIES
  102. Schedule 2: ENFORCEMENT AND EXECUTION OF ORDERS AND REGULATIONS MADE UNDER THE FOOD ACT 1984
  103. 1Paragraph 1
  104. 2Paragraph 2
  105. 3Paragraph 3
  106. 4Paragraph 4
  107. 5Paragraph 5
  108. 6Paragraph 6
  109. 7Paragraph 7
  110. Schedule 3: CONSEQUENTIAL AMENDMENTS
  111. The Towns Improvement Clauses Act 1847 (c. 34)
  112. 1Paragraph 1
  113. The Interpretation Act (Northern Ireland) 1954 (c. 33)
  114. 2Paragraph 2
  115. The Marketing of Milk Products Act (Northern Ireland) 1958 (c. 31)
  116. 3Paragraph 3
  117. 4Paragraph 4
  118. The Agricultural Produce (Meat Regulation and Pig Industry) Act (Northern Ireland) 1962 (c. 13)
  119. 5Paragraph 5
  120. 6Paragraph 6
  121. The Horticulture Act (Northern Ireland) 1966 (c. 15)
  122. 7Paragraph 7
  123. 8Paragraph 8
  124. The Trade Descriptions Act 1968 (c. 29)
  125. 9Paragraph 9
  126. 10Paragraph 10
  127. The Medicines Act 1968 (c. 67)
  128. 11Paragraph 11
  129. The Weights and Measures &c. Act 1976 (c. 77)
  130. 12Paragraph 12
  131. 13Paragraph 13
  132. The Poisons (Northern Ireland) Order 1976 (NI 23)
  133. 14Paragraph 14
  134. The Hydrocarbon Oil Duties Act 1979 (c. 5)
  135. 15Paragraph 15
  136. The Weights and Measures (Northern Ireland) Order 1981 (NI 10)
  137. 16Paragraph 16
  138. The Milk (Northern Ireland) Order 1983 (NI 2)
  139. 17Paragraph 17
  140. 18Paragraph 18
  141. 19Paragraph 19
  142. The Food and Environment Protection Act 1985 (c. 48)
  143. 20Paragraph 20
  144. The Criminal Justice (Northern Ireland) Order 1986 (NI 15)
  145. 21Paragraph 21
  146. The Health and Personal Social Services (Amendment)(Northern Ireland) Order 1986 (NI 20)
  147. 22Paragraph 22
  148. The Consumer Protection Act 1987 (c. 43)
  149. 23Paragraph 23
  150. Schedule 4REPEALS AND REVOCATIONS
  151. This Table has no official statusDRAFT FOOD (NORTHERN IRELAND) ORDER 1989
  152. Explanatory note