§ 317 — Codes of practice

317.—(1) The Agency may, from time to time —(a)

issue one or more codes of practice applicable to holders of any FSSA authorisation generally or particular types of holders;

(b)

approve as a code of practice applicable to holders of any FSSA authorisation generally or particular types of holders any document prepared by a person other than the Agency if the Agency considers the document as suitable for this purpose; or

(c)

amend or revoke any code of practice issued under paragraph (a) or approved under paragraph (b),

with respect to all or any of the subject matters in subsection (2).

(2) The subject matters that a code of practice may deal with are —(a)

the management and operations of a type of food business or a type of food premises or generally;

(b)

the benchmarks of good practice in the operations of food businesses generally or of a particular type of food business or at particular food premises; and

(c)

the duties and obligations of any food business licensee in relation to the operation of the food business.

(3) If any provision in any code of practice is inconsistent with any provision of this Act, such provision, to the extent of the inconsistency —(a)

is to have effect subject to the provisions of this Act; or

(b)

having regard to the provisions of this Act, is not to have effect.

(4) Where a code of practice is issued, approved, amended or revoked by the Agency under subsection (1), the Agency must —(a)

publish a notice of the issue, approval, amendment or revocation (as the case may be) of the code of practice in any manner that will secure adequate publicity for such issue, approval, amendment or revocation;

(b)

specify in the notice referred to in paragraph (a) the date of issue, approval, amendment or revocation, as the case may be; and

(c)

ensure that, so long as the code of practice remains in force, copies of that code, and of all amendments to that code, are available for inspection by any food business licensee and member of the general public.

(5) No code of practice, no amendment to an approved code of practice, and no revocation of any such approved code of practice has any force or effect as an approved code of practice until the notice relating to that code of practice is published in accordance with subsection (4).

(6) A code of practice issued or approved under this section does not have legislative effect.

(7) Every food business licensee must comply with the relevant codes of practice applicable to the licensee.

—(1) The Agency may, from time to time —(a)

issue one or more codes of practice applicable to holders of any FSSA authorisation generally or particular types of holders;

(b)

approve as a code of practice applicable to holders of any FSSA authorisation generally or particular types of holders any document prepared by a person other than the Agency if the Agency considers the document as suitable for this purpose; or

(c)

amend or revoke any code of practice issued under paragraph (a) or approved under paragraph (b),

with respect to all or any of the subject matters in subsection (2).

(2) The subject matters that a code of practice may deal with are —(a)

the management and operations of a type of food business or a type of food premises or generally;

(b)

the benchmarks of good practice in the operations of food businesses generally or of a particular type of food business or at particular food premises; and

(c)

the duties and obligations of any food business licensee in relation to the operation of the food business.

(3) If any provision in any code of practice is inconsistent with any provision of this Act, such provision, to the extent of the inconsistency —(a)

is to have effect subject to the provisions of this Act; or

(b)

having regard to the provisions of this Act, is not to have effect.

(4) Where a code of practice is issued, approved, amended or revoked by the Agency under subsection (1), the Agency must —(a)

publish a notice of the issue, approval, amendment or revocation (as the case may be) of the code of practice in any manner that will secure adequate publicity for such issue, approval, amendment or revocation;

(b)

specify in the notice referred to in paragraph (a) the date of issue, approval, amendment or revocation, as the case may be; and

(c)

ensure that, so long as the code of practice remains in force, copies of that code, and of all amendments to that code, are available for inspection by any food business licensee and member of the general public.

(5) No code of practice, no amendment to an approved code of practice, and no revocation of any such approved code of practice has any force or effect as an approved code of practice until the notice relating to that code of practice is published in accordance with subsection (4).

(6) A code of practice issued or approved under this section does not have legislative effect.

(7) Every food business licensee must comply with the relevant codes of practice applicable to the licensee.