Section 13 Emergency control orders.C1

England, Wales and Scotland

C2(1)

If it appears to F1the Secretary of State that the carrying out of commercial operations with respect to food, food sources or contact materials of any class or description involves or may involve imminent risk of injury to health, he may, by an order (in this Act referred to as an “emergency control order”), prohibit the carrying out of such operations with respect to food, food sources or contact materials of that class or description.

C3(2)

Any person who knowingly contravenes an emergency control order shall be guilty of an offence.

(3)

F2The Secretary of State F3or the Food Standards Agency may consent, either unconditionally or subject to any condition that F4the authority giving the consent considers appropriate, to the doing in a particular case of anything prohibited by an emergency control order.

(4)

It shall be a defence for a person charged with an offence under subsection (2) above to show—

(a)

that consent had been given under subsection (3) above to the contravention of the emergency control order; and

(b)

that any condition subject to which that consent was given was complied with.

(5)

F5The Secretary of State F6or the Food Standards Agency—

(a)

may give such directions as appear to F7the authority giving the directions to be necessary or expedient for the purpose of preventing the carrying out of commercial operations with respect to any food, food sources or contact materials which the authority giving the directionsbelieves, on reasonable grounds, to be food, food sources or contact materials to which an emergency control order applies; and

(b)

may do anything which appears to the authority giving the directions to be necessary or expedient for that purpose.

(6)

Any person who fails to comply with a direction under this section shall be guilty of an offence.

(7)

If F8the Secretary of State F9or the Food Standards Agency does anything by virtue of this section in consequence of any person failing to comply with an emergency control order or a direction under this section, F10that authority may recover from that person any expenses reasonably incurred by him under this section.

F11(8)

In the application of this section to Scotland, the references to the Food Standards Agency are to be ignored.

Annotations

Textual amendments

F1: Words in s. 13(1) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 8 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2
F2: Words in s. 13(3) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 11(2) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2
F3: Words in s. 13(3) inserted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 11(2) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2
F4: Words in s. 13(3) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 11(2) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2
F5: Words in s. 13(5) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 11(3) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2
F6: Words in s. 13(5) inserted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 11(3) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2
F7: Words in s. 13(5) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 11(3) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2
F8: Words in s. 13(7) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 11(4) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2
F9: Words in s. 13(7) inserted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 11(4) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2
F10: Words in s. 13(7) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 11(4) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2
F11: S. 13(8) inserted (S.) (1.4.2015) by Food (Scotland) Act 2015 (asp 1), s. 63(2), sch. para. 3(3) (with s. 62); S.S.I. 2015/99, art. 2

Modifications

C1: S. 13: transfer of functions (23.3.2005) by Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), art. 1, Sch. (with art. 6)
C2: S. 13(1) amended (1.4.2000) by 1999 c. 28, s. 17(1)(b) (with s. 38); S.I. 2000/1066, art. 2
C3: S. 13(3) amended (1.4.2000) by 1999 c. 28, s. 18, Sch. 3 Pt. I para. 1, 3 (with s. 38); S.I. 2000/1066, art. 2

Notes on Part II

Modifications

C1

Pts. I-III (ss. 1-39): functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2

Pts. I-III (ss. 1-39): certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch. 2

C2

Pts. I-III (ss. 1-39) applied (with modifications) (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2

C3

Pt. II modified (6.4.2010) by The Cornwall Port Health Authority Order 2010 (S.I. 2010/1215), arts. 1(1), 4, Sch. (with art. 2)

C4

Pt. II modified (6.4.2010) by The Southampton Port Health Authority Order 2010 (S.I. 2010/1218), arts. 1(1), 4, Sch.

C5

Pt. II applied (with modifications) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2

C6

Pt. II functions etc. assigned to the port health authority and modified (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))