Food Safety Act 1990 in Northern Ireland

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.

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.

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.

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.

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.

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

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

An emergency prohibition notice shall cease to have effect—

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.

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—

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—

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.

Any person who sells to the purchaser’s prejudice any food which is not of the nature or substance or quality demanded by the purchaser shall be guilty of an offence.

In subsection (1) above the reference to sale shall be construed as a reference to sale for human consumption; and in proceedings under that subsection it shall not be a defence that the purchaser was not prejudiced because he bought for analysis or examination.

Any person who gives with any food sold by him, or displays with any food offered or exposed by him for sale or in his possession for the purpose of sale, a label, whether or not attached to or printed on the wrapper or container, which—

shall be guilty of an offence.

Any person who publishes, or is a party to the publication of, an advertisement (not being such a label given or displayed by him as mentioned in subsection (1) above) which—

shall be guilty of an offence.

Any person who sells, or offers or exposes for sale, or has in his possession for the purpose of sale, any food the presentation of which is likely to mislead as to the nature or substance or quality of the food shall be guilty of an offence.

In proceedings for an offence under subsection (1) or (2) above, the fact that a label or advertisement in respect of which the offence is alleged to have been committed contained an accurate statement of the composition of the food shall not preclude the court from finding that the offence was committed.

In this section references to sale shall be construed as references to sale for human consumption.

“food information” has the same meaning as it has in Regulation (EU) No. 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers;

“food information law” means any enactment relating to food information as the Scottish Ministers may by regulations specify.

This section applies where it appears to an authorised officer of a food authority, on an inspection carried out under section 9 above or otherwise, that food information law is being, or has been, contravened in relation to any food intended for human consumption which is placed on the market within the meaning of Regulation (EC) No. 178/2002.

The authorised officer may—

Notice under subsection (2)(a) above is to be given to—

But notice need not be given in pursuance of subsection (3)(b) above if the authorised officer, after making reasonable inquiries, does not know who owns the food.

Any person who knowingly contravenes the requirements of a notice under subsection (2)(a) above commits an offence.

An authorised officer who gives a notice under subsection (2)(a) above must, as soon as is reasonably practicable and in any event within 21 days, determine whether or not food information law has been contravened in relation to the food in respect of which the notice was given.

After making a determination under subsection (6) above, the authorised officer must—

An authorised officer who seizes and removes food under subsection (2)(b) or (7)(b) above may also—

An authorised officer who seizes and removes food under subsection (2)(b) or (7)(b) above must inform the person in charge of the food and the owner of the food (where not the person in charge of the food) of the officer's intention to have it dealt with by the sheriff.

But the owner of the food need not be informed in pursuance of subsection (9) above if the authorised officer, after making reasonable inquiries, does not know who owns the food.

Any person who might be liable to a prosecution for contravening food information law in relation to any food seized and removed under subsection (2)(b) or (7)(b) above is, if the person attends before the sheriff by whom the food falls to be dealt with, entitled to be heard and to call witnesses.

If it appears to the sheriff that food information law has been contravened in relation to any food seized and removed under subsection (2)(b) or (7)(b) above, the sheriff may make such order as the sheriff considers appropriate in respect of the food and any food information relating to it.

An order made under subsection (12) above may, in particular, order—

An order made under subsection (12) above—

Subsection (16) below applies if—

Where this subsection applies, 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.

Any disputed question as to the right to or the amount of any compensation payable under subsection (16) above is to be submitted to arbitration for resolution.

Until the Arbitration (Scotland) Act 2010 is in force in relation to any arbitration carried out in pursuance of subsection (17) above, that Act applies as if it were in force in relation to that arbitration.

A food business operator must as soon as reasonably practicable inform Food Standards Scotland if the food business operator—

Any person who fails to comply with subsection (1) above shall be guilty of an offence.

For the purposes of subsection (1)(a) above, a food business operator is to be treated as being, or having been, in charge of any food which it has—

For the purposes of this Act, “food business operator” is to be construed in accordance with Article 3 of Regulation (EC) No 178/2002.

This section applies where a food business operator has informed Food Standards Scotland under section 15C(1) above.

The food business operator must as soon as reasonably practicable provide any further information which is reasonably required by Food Standards Scotland which relates to—

Any person who fails to comply with a requirement under subsection (2) above shall be guilty of an offence.

A food authority may provide, whether within or outside their area, training courses in food hygiene for persons who are or intend to become involved in food businesses, whether as proprietors or employees or otherwise.

A food authority may contribute towards the expenses incurred under this section by any other such authority, or towards expenses incurred by any other person in providing, such courses as are mentioned in subsection (1) above.

A food authority may provide, whether within or outside their area, tanks or other apparatus for cleansing shellfish.

A food authority may contribute towards the expenses incurred under this section by any other such authority, or towards expenses incurred by any other person in providing, and making available to the public, tanks or other apparatus for cleansing shellfish.

Nothing in this section authorises the establishment of any tank or other apparatus, or the execution of any other work, on, over or under tidal lands below high-water mark of ordinary spring tides, except in accordance with such plans and sections, and subject to such restrictions and conditions as may before the work is commenced be approved by the Secretary of State.

In this section “cleansing”, in relation to shellfish, includes subjecting them to any germicidal treatment.

any dismissal by a magistrates’ court of such an appeal as is mentioned in section 37(3) above; or

any decision of such a court to make a prohibition order or an emergency prohibition order, or to exercise the power conferred by section 35(4) above,

Any expenses which are incurred under this Act by an authorised officer of a food authority in procuring samples, and causing samples to be analysed or examined, shall be defrayed by that authority.

Any expenses incurred by a county council in the enforcement and execution of any provision of this Act, or of any regulations or orders made under it, shall, if the Secretary of State so directs, be defrayed as expenses for special county purposes charged on such part of the county as may be specified in the direction.

Part I of the M1Food and Environment Protection Act 1985 (contamination of food) shall have effect, and shall be deemed always to have had effect, subject to the amendments specified in subsection (2) below.

The amendments referred to in subsection (1) above are—

For the purposes of this Act the territorial waters of the United Kingdom adjacent to any part of Great Britain shall be treated as situated in that part.

An Order in Council under F1section 11 of the Petroleum Act 1998(application of civil law) may make provision for treating for the purposes of food safety legislation—

as if they were situated in a specified part of the United Kingdom and for modifying such legislation in its application to such installations and safety zones.

Such an Order in Council may also confer on persons of a specified description the right to require, for the purpose of facilitating the exercise of specified powers under food safety legislation—

In this section—

• “food safety legislation” means this Act and any regulations and orders made under it and any corresponding provisions in Northern Ireland;

• “installation” means an installation to which subsection (3) of the said F2section 11 applies;

• “safety zone” means an area which is a safety zone by virtue of Part III of the M1Petroleum Act 1987; and

• “specified” means specified in the Order in Council.

The enactments mentioned in Schedule 3 to this Act shall have effect subject to the amendments there specified (being minor amendments and amendments consequential on the preceding provisions of this Act).

F1The Secretary of State may by order make such modifications of local Acts, and of subordinate legislation (within the meaning of the M1Interpretation Act 1978), as appear to them to be necessary or expedient in consequence of the provisions of this Act.

The transitional provisions and savings contained in Schedule 4 to this Act shall have effect; but nothing in this subsection shall be taken as prejudicing the operation of sections 16 and 17 of the said Act of 1978 (which relate to the effect of repeals).

The enactments mentioned in Schedule 5 to this Act (which include some that are spent or no longer of practical utility) are hereby repealed to the extent specified in the third column of that Schedule.

This Act may be cited as the Food Safety Act 1990.

The following provisions shall come into force on the day on which this Act is passed, namely—

• section 13;

• section 51; and

• paragraphs 12 to 15 of Schedule 2 and, so far as relating to those paragraphs, section 52.

Subject to subsection (2) above, this Act shall come into force on such day as the Ministers may by order appoint, and different days may be appointed for different provisions or for different purposes.

An order under subsection (3) above may make such transitional adaptations of any of the following, namely—

as appear to the Ministers to be necessary or expedient in consequence of the partial operation of this Act.

This Act, except—

• this section;

• section 51,

• section 58(2) to (4); and

• paragraphs 7, 29 and 30 of Schedule 3 and, so far as relating to those paragraphs, section 59(1),

does not extend to Northern Ireland.

Provision for prohibiting—

of food derived from a food source which is suffering or has suffered from, or which is liable to be suffering or to have suffered from, any disease specified in the regulations.

Provision for prohibiting or regulating, or for enabling enforcement authorities to prohibit or regulate—

of shellfish taken from beds or other layings for the time being designated by or under the regulations.

for the giving by persons possessing such qualifications as may be prescribed by the regulations of written opinions with respect to the use of any process or treatment in the preparation of food, and for prohibiting the use for any such purpose of any process or treatment except in accordance with an opinion given under the regulations; or

for the issue by enforcement authorities of licences in respect of the use of any process or treatment in the preparation of food, and for prohibiting the use for any such purpose of any process or treatment except in accordance with a licence issued under the regulations.

the possession, sale or offer, exposure or advertisement for sale of any specified substance, or any substance of any specified class, with a view to its use in connection with the production of any food source;

the use of any specified substance, or any substance of any specified class, in connection with the production of any food source;

the carrying out of any other activity in connection with, or in a manner likely to affect, the production of any food source.

In subsection (1) of section 50 (establishment or acquisition of markets), for the words “The council of a district” there shall be substituted the words “ A local authority ” and for the words “their district”, in each place where they occur, there shall be substituted the words “ their area ”.

In subsection (2) of that section, for the words “the district” there shall be substituted the words “ the authority’s area ”.

For subsection (3) of that section there shall be substituted the following subsection—

“(3)

For the purposes of subsection (2), a local authority shall not be regarded as enjoying any rights, powers or privileges within another local authority’s area by reason only of the fact that they maintain within their own area a market which has been established under paragraph (a) of subsection (1) or under the corresponding provision of any earlier enactment”.

In subsection (1) of section 53 (charges by market authority), the words “and in respect of the weighing and measuring of articles and vehicles” shall cease to have effect.

For subsection (2) of that section there shall be substituted the following subsection—

“(2)

A market authority who provide—

(a)

a weighing machine for weighing cattle, sheep or swine; or

(b)

a cold air store or refrigerator for the storage and preservation of meat and other articles of food,

may demand in respect of the weighing of such animals or, as the case may be, the use of the store or refrigerator such charges as they may from time to time determine.”

In subsection (3)(b) of that section, the words “in respect of the weighing of vehicles, or, as the case may be,” shall cease to have effect.

In subsection (2) of section 25 of that Act (interpretation of Part I), for the definition of “slaughterhouse” there shall be substituted the following definition—

““slaughterhouse” has, in England and Wales, the meaning given by section 34 of the Slaughterhouses Act 1974 and, in Scotland, the meaning given by section 22 of the Slaughter of Animals (Scotland) Act 1980;”.

In subsection (3) of that section, for the words from “Part II” to “1955” there shall be substituted the words “ section 15 of the Slaughterhouses Act 1974 or section 1 of the Slaughter of Animals (Scotland) Act 1980 ”.

for the words “food and drugs authority”, in each place where they occur, there shall be substituted the words “ drugs authority ”; and

after subsection (11) there shall be inserted the following subsection—

“(12)

In this section “drugs authority” means—

(a)

as respects each London borough, metropolitan district or non-metropolitan county, the council of that borough, district or county; and

(b)

as respects the City of London (including the Temples), the Common Council of that City.”

paragraph (c) of subsection (2) shall cease to have effect; and

after that subsection there shall be inserted the following subsection—

“(2A)

Subsection (12) of section 108 of this Act shall have effect in relation to Scotland as if for paragraphs (a) and (b) there were substituted the words “ an islands or district council ”.”

in paragraph (b), for the words “food and drugs authority, within the meaning of the Food Act 1984” there shall be substituted the words “ food authority within the meaning of the Food Safety Act 1990 ”;

in paragraph (c), for sub-paragraphs (i) and (ii) there shall be substituted the words “ which are incorporated or reproduced in the Slaughterhouses Act 1974 or the Food Safety Act 1990 ”; and

the words “section 129(1) of the M1Food and Drugs Act 1955” shall cease to have effect.

In subsection (1) of section 12 of the Weights and Measures &c. Act 1976 (shortages of food and other goods), for paragraphs (a) and (b) there shall be substituted the following paragraph—

“(a)

section 16 of the Food Safety Act 1990 (“the 1990 Act”);”.

In subsection (9) of that section—

for the definition of “knacker’s yard” there shall be substituted the following definition—

““knacker’s yard” means any premises used in connection with the business of slaughtering, flaying or cutting up animals the flesh of which is not intended for human consumption; and “knacker” means a person whose business it is to carry out such slaughtering, flaying or cutting up”; and

for the definition of “slaughterhouse” there shall be substituted the following definition—

““slaughterhouse” means a place for slaughtering animals, the flesh of which is intended for human consumption, and includes any place available in connection with such a place for the confinement of animals while awaiting slaughter there or keeping, or subjecting to any treatment or process, products of the slaughtering of animals there; and “slaughterman” means a person whose business it is to carry out such slaughtering”.

in subsection (3)(b), for the words “section 7 of the M1Milk and Dairies (Scotland) Act 1914” there shall be substituted the words “ regulations made under section 19 of the Food Safety Act 1990 ”; and

in subsection (4)—

In subsection (1) of section 20 of that Act (stopping of work to prevent spread of disease), in paragraph (b) for the words “subsection (1) of section 28 of the M1Food Act 1984” there shall be substituted “ subsection (1A) below ”.

After that subsection there shall be inserted the following subsection—

“(1A)

The diseases to which this subsection applies are—

(a)

enteric fever (including typhoid and paratyphoid fevers);

(b)

dysentery;

(c)

diphtheria;

(d)

scarlet fever;

(e)

acute inflammation of the throat;

(f)

gastro-enteritis; and

(g)

undulant fever.”

in the definition of “designated incident”, for the words “designated incident” there shall be substituted the words “ designated circumstances ”;

the definition of “escape” shall cease to have effect; and

for the definition of “food” there shall be substituted—

““food” has the same meaning as in the Food Safety Act 1990.”

sub-paragraph (2) shall cease to have effect; and

at the end of sub-paragraph (6) there shall be added the words “ or section 5(1) of the Food Safety Act 1990 ”.

In subsection (2) of section 1 of the National Health Service (Amendment) Act 1986 (application of food legislation to health authorities and health service premises)—

For subsection (7) of that section there shall be substituted—

“(7)

In this section—

• “the Ministers” has the same meaning as in the Food Safety Act 1990;

• “the food legislation” means the Food Safety Act 1990 and any regulations or orders made (or having effect as if made) under it;

• “health authority”—

(a)

as respects England and Wales, has the meaning assigned to it by section 128 of the 1977 Act; and

(b)

as respects Scotland, means a Health Board constituted under section 2 of the 1978 Act, the Common Services Agency constituted under section 10 of that Act or a State Hospital Management Committee constituted under section 91 of the Mental Health (Scotland) Act 1984.”

any ship which is a home-going ship within the meaning of section 132 of the 1984 Act or section 58 of the 1956 Act (interpretation) shall be regarded as premises for the purposes of this Act; and

the powers of entry conferred by section 32 of this Act shall include the right to enter any ship or aircraft for the purpose of ascertaining whether there is in the ship or aircraft any food imported as part of the cargo in contravention of the provisions of regulations made under Part II of this Act;

In so far as any existing regulations made, or having effect as if made, under any provision of the 1984 Act specified in the first column of Table A below have effect in relation to England and Wales, they shall have effect, after the commencement of the relevant repeal, as if made under the provisions of this Act specified in relation to that provision in the second column of that Table, or such of those provisions as are applicable.

In this paragraph and paragraphs 3 and 4 below “existing regulations” means—

which are in force immediately before the coming into force of that repeal; and references to the commencement of the relevant repeal shall be construed accordingly.

Any existing order made under section 3 of the M1Milk and Dairies (Amendment) Act 1922 (sale of milk under special designations) shall have effect, after the commencement of the relevant repeal, as if it were regulations made under section 18(2) of this Act.

In this paragraph “existing order” means any order made under a provision repealed by this Act which is in force immediately before the coming into force of that repeal; and references to the commencement of the relevant repeal shall be construed accordingly.