Food Safety Act 1990
1990 c. 16 · Enacted 29 June 1990 · Extends to United Kingdom
An Act to make new provision in place of the Food Act 1984 (except Parts III and V), the Food and Drugs (Scotland) Act 1956 and certain other enactments relating to food; to amend Parts III and V of the said Act of 1984 and Part I of the Food and Environment Protection Act 1985; and for connected purposes.
[29th June 1990]
C1E1BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C2C3C4C5C6C7
Annotations to the whole text
Modifications
- C1
Act restricted (E.W.S.) by Weights and Measures Act 1985 (c. 72, SIF 131), s. 93 (as amended by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 54, 59(1), Sch. 3 para. 33)
Act amended (1.4.2000) by 1999 c. 28, s. 14(9) (with ss. 15, 38); S.I. 2000/1066, art. 2
Act applied (with modifications) (1.4.2000) by 1999 c. 28, s. 36(4) (with s. 38); S.I. 2000/1066, art. 2
Act: amended (temp from 11.11.1999 to 2.12.1999) by 1999 c. 28, s. 43(4) (with s. 38); S.I. 1999/3208, art. 2
Act: (except s. 54(4) and subject to entry in Sch. 1) transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
Act: transfer of functions (27.12.1999 subject to art. 3 of the S.I.) by S.I. 1999/3141, art. 2(6)
- C2
Act modified (E.) (6.4.2010) by The Portsmouth Port Health Authority Order 2010 (S.I. 2010/1217), arts. 1(1), 4, Sch.
- C3
Act modified (E.) (6.4.2010) by The Bristol Port Health Authority Order 2010 (S.I. 2010/1214), arts. 1, 4, Sch.
- C4
Act modified (E.) (6.4.2010) by The Cowes Port Health Authority Order 2010 (S.I. 2010/1216), arts. 1(1), 4, Sch.
- C5
Act power to apply for certain purposes conferred (S.) (1.4.2015) by Food (Scotland) Act 2015 (asp 1), ss. 35, 63(2) (with s. 62); S.S.I. 2015/99, art. 2
- C6
Act functions transferred and modified (E.) (14.6.2016) by The River Tees Port Health Authority Order 2016 (S.I. 2016/644), arts. 1(1), 9, Sch. 2
- C7
Act: functions etc. assigned to the Port Health Authority (7.11.2024) by The London Port Health Authority Order 2024 (S.I. 2024/1161), arts. 1(1), 4(2), Sch. (with arts. 4(3), 5(2))
Extent
- E1
Act except specified provisions does not extend to Northern Ireland see s. 60(5)
Contents
- Part I: PRELIMINARY
- 1Meaning of “food” and other basic expressions.
- 2Extended meaning of “sale” etc.
- 3Presumptions that food intended for human consumption.
- 4Ministers having functions under Act. Repealed
- 5Food authorities and authorised officers.
- 6Enforcement of Act.
- Part II: MAIN PROVISIONS
- Food safety
- 7Rendering food injurious to health.
- 8Selling food not complying with food safety requirements.
- 9Inspection and seizure of suspected food.
- 10Improvement notices.
- 11Prohibition orders.
- 12Emergency prohibition notices and orders.
- 13Emergency control orders.
- Consumer protection
- 14Selling food not of the nature or substance or quality demanded.
- 15Falsely describing or presenting food.
- Food information
- 15AMeaning of “food information” etc.
- 15BContravention of food information law: seizure of food etc.
- 15CDuty to report non-compliance with food information law
- 15DPower to obtain information
- Regulations
- 16Food safety and consumer protection.
- 17Enforcement of EU provisions.
- 18Special provisions for particular foods etc.
- 19Registration and licensing of food premises.
- Defences etc.
- 20Offences due to fault of another person.
- 21Defence of due diligence.
- 22Defence of publication in the course of business.
- Miscellaneous and supplemental
- 23Provision of food hygiene training.
- 24Provision of facilities for cleansing shellfish.
- 25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 26Regulations and orders: supplementary provisions.
- Part III: ADMINISTRATION AND ENFORCEMENT
- Administration
- 27Appointment of public analysts.
- 28Provision of facilities for examinations.
- Sampling and analysis etc.
- 29Procurement of samples.
- 30Analysis etc. of samples.
- 31Regulation of sampling and analysis etc.
- Powers of entry and obstruction etc.
- 32Powers of entry.
- 33Obstruction etc. of officers.
- Offences
- 34Time limit for prosecutions.
- 35Punishment of offences.
- 36Offences by bodies corporate.
- 36AOffences by Scottish partnerships.
- Appeals
- 37Appeals to magistrates’ court or sheriff.
- 38Appeals to Crown Court.
- 39Appeals against improvement notices.
- Part IV: MISCELLANEOUS AND SUPPLEMENTAL
- Powers of Ministers
- 40Power to issue codes of practice.
- 41Power to require returns.
- 42Default powers.
- Protective provisions
- 43Continuance of registration or licence on death.
- 44Protection of officers acting in good faith.
- Financial provisions
- 45Regulations as to charges.
- 46Expenses of authorised officers and county councils.
- 47Remuneration of tribunal chairmen.
- Instruments and documents
- 48Regulations and orders.
- 49Form and authentication of documents.
- 50Service of documents.
- Amendments of other Acts
- 51Contamination of food: emergency orders.
- 52Markets, sugar beet and cold storage.
- Supplemental
- 53General interpretation.
- 54Application to Crown.
- 55Water supply: England and Wales.
- 56Water supply: Scotland.
- 57Scilly Isles and Channel Islands.
- 58Territorial waters and the continental shelf.
- 59Amendments, transitional provisions, savings and repeals.
- 60Short title, commencement and extent.
- Schedule 1: Provisions of Regulations under Section 16(1)
- Composition of food
- 1Paragraph 1
- Fitness etc. of food
- 2Paragraph 2
- 3Paragraph 3
- Processing and treatment of food
- 4Paragraph 4
- Food hygiene
- 5Paragraph 5
- 6Paragraph 6
- Production of food sources
- 6AParagraph 6A
- Inspection etc. of food sources
- 7Paragraph 7
- 8Paragraph 8
- Schedule 2: Amendments of Parts III and V of 1984 Act
- Amendments of Part III
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Amendments of Part V
- 12Paragraph 12
- 13Paragraph 13 Repealed
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Schedule 3: Minor and Consequential Amendments
- The Public Health Act 1936 (c. 49)
- 1Paragraph 1
- The London Government Act 1963 (c. 33)
- 2Paragraph 2
- The Agriculture Act 1967 (c. 22)
- 3Paragraph 3
- 4Paragraph 4
- The Farm and Garden Chemicals Act 1967 (c. 50)
- 5Paragraph 5 Repealed
- The Trade Descriptions Act 1968 (c. 29)
- 6Paragraph 6
- 7Paragraph 7
- The Medicines Act 1968 (c. 67)
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- The Transport Act 1968 (c. 73)
- 13Paragraph 13
- The Tribunals and Inquiries Act 1971 (c. 62)
- 14Paragraph 14 Repealed
- The Agriculture (Miscellaneous Provisions) Act 1972 (c. 62)
- 15Paragraph 15 Repealed
- The Poisons Act 1972 (c. 66)
- 16Paragraph 16
- The Local Government Act 1972 (c. 70)
- 17Paragraph 17
- The Slaughterhouses Act 1974 (c. 3)
- 18Paragraph 18
- The Licensing (Scotland) Act 1976 (c. 66)
- 19Paragraph 19
- The Weights and Measures &c. Act 1976 (c. 77)
- 20Paragraph 20
- 21Paragraph 21
- The Hydrocarbon Oil Duties Act 1979 (c. 5)
- 22Paragraph 22
- The Slaughter of Animals (Scotland) Act 1980 (c. 13)
- 23Paragraph 23
- 24Paragraph 24
- The Civic Government (Scotland) Act 1982 (c. 45)
- 25Paragraph 25
- The Public Health (Control of Disease) Act 1984 (c. 22)
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- The Food and Environment Protection Act 1985 (c. 48)
- 29Paragraph 29
- 30Paragraph 30
- The Local Government Act 1985 (c. 51)
- 31Paragraph 31
- The Weights and Measures Act 1985 (c. 72)
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- The Agriculture Act 1986 (c. 49)
- 35Paragraph 35
- The National Health Service (Amendment) Act 1986 (c. 66)
- 36Paragraph 36
- The Consumer Protection Act 1987 (c. 43)
- 37Paragraph 37
- The Road Traffic Offenders Act 1988 (c. 53)
- 38Paragraph 38
- Schedule 4: Transitional Provisions and Savings
- Ships and aircraft
- 1Paragraph 1
- Regulations under the 1984 Act
- 2Paragraph 2
- Regulations under the 1956 Act
- 3Paragraph 3
- Other regulations
- 4Paragraph 4
- Orders with respect to milk in Scotland
- 5Paragraph 5
- Disqualification orders
- 6Paragraph 6
- Food hygiene byelaws
- 7Paragraph 7 Repealed
- Closure orders
- 8Paragraph 8
- Schedule 5Repeals