Section 37 Prohibition of sale of verminous articles.

(1)

No dealer shall—

(a)

prepare for sale, or

(b)

sell or offer or expose for sale, or

(c)

deposit with any person for sale or preparation for sale,

any household article if it is to his knowledge verminous, or if by taking reasonable precautions he could have known it to be verminous.

(2)

If a household article which is verminous is on any premises—

(a)

being prepared by a dealer for sale, or

(b)

offered or exposed by a dealer for sale, or

(c)

deposited by a dealer with any person for sale or preparation for sale.

the medical officer of health or public health inspector may cause the article to be disinfested or destroyed as the case may require, and if necessary for that purpose to be removed from the premises; and the local authority may recover from the dealer the expenses reasonably incurred by the local authority in taking any action under this subsection.

(3)

If any person contravenes the provisions of subsection (1) of this section he shall be liable to a fine not exceeding F1level 1 on the standard scale.

(4)

In this section—

(a)

“dealer” means a person who trades or deals in any household articles;

(b)

“household article” means an article of furniture, bedding or clothing or any similar article;

(c)

references to preparation for sale do not include references to disinfestation.

Annotations

Textual amendments

F1: Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

Notes on Part II

Modifications

C1: Pt. II amended by Health and Safety at Work etc. Act 1974 (c. 37), s. 76(1)(2)
C2: Pt. II (ss. 4–37) amended by Housing and Building Control Act 1984 (c. 29, SIF 61), ss. 41(1), 52(1) and 60(2)(c)