Section 8 Selling food not complying with food safety requirements.

England, Wales and Scotland

F1(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

For the purposes of this Part food fails to comply with food safety requirements if it is unsafe within the meaning of Article 14 of Regulation (EC) No. 178/2002 and references to food safety requirements or to food complying with such requirements shall be construed accordingly.

(4)

For the purposes of this Part, any part of, or product derived wholly or partly from, an animal—

(a)

which has been slaughtered in a knacker’s yard, or of which the carcase has been brought into a knacker’s yard; or

(b)

in Scotland, which has been slaughtered otherwise than in a slaughterhouse,

shall be deemed to be unfit for human consumption.

(5)

In subsection (4) above, in its application to Scotland, “animal” means any description of cattle, sheep, goat, swine, horse, ass or mule; and paragraph (b) of that subsection shall not apply where accident, illness or emergency affecting the animal in question required it to be slaughtered as mentioned in that paragraph.

Annotations

Textual amendments

F1: S. 8(1) omitted (1.1.2005) by virtue of General Food Regulations 2004 (S.I. 2004/3279), regs. 1, 10(a)
F2: S. 8(2) substituted for s. 8(2)(3) (1.1.2005) by General Food Regulations 2004 (S.I. 2004/3279), regs. 1, 10(b)

Modifications

C1: S. 8(2) applied (with modifications) (17.11.1997) by S.I. 1997/2537, reg. 9(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))