Food Act 1984

• Citation: 1984 c. 30
• Sections: 148

Section 1 Offences as to preparation and sale of injurious foods.

(1) A person is guilty of an offence who—

(a) adds any substance to food,

(b) uses any substance as an ingredient in the preparation of food,

(c) abstracts any constituent from food, or

(d) subjects food to any other process or treatment, so as (in any such case) to render the food injurious to health, with intent that the food shall be sold for human consumption in that state.

(2) A person is guilty of an offence who—

(a) sells for human consumption,

(b) offers, exposes or advertises for sale for human consumption, or has in his possession for the purpose of such sale,

any food rendered injurious to health by means of any operation described in subsection (1), subject to subsections (3) and (4).

(3) In proceedings under this section for an offence consisting of the advertisement for sale of any food, it is a defence for the person charged to prove that, being a person whose business it is to publish, or arrange for the publication of, advertisements, he received the advertisement for publication in the ordinary course of business.

(4) In determining for the purposes of this Act whether an article of food is injurious to health, regard shall be had not only to the probable effect of that article on the health of a person consuming it, but also to the probable cumulative effect of articles of substantially the same composition on the health of a person consuming such articles in ordinary quantities.

Section 2 General protection for purchasers of food.

(1) If a person sells to the purchaser’s prejudice any food which is not—

(a) of the nature, or

(b) of the substance, or

(c) of the quality,

of the food demanded by the purchaser, he is guilty of an offence, subject to section 3.

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

Section 3 Defences in proceedings under s. 2.

(1) In proceedings under section 2 for an offence consisting of the sale of food—

(a) to which any substance has been added, or

(b) in the preparation of which any substance has been used as an ingredient, or

(c) from which any constituent has been abstracted, or

(d) which has been subjected to any other process or treatment,

other than food thereby rendered injurious to health, it is a defence to prove that—

(i) the operation in question was not carried out fraudulently, and

(ii) the article was sold with a notice attached to it of adequate size, distinctly and legibly printed and conspicuously visible, stating explicitly the nature of the operation, or was sold in a wrapper or container displaying such a notice.

(2) In proceedings under section 2 in respect of any food containing some extraneous matter, it is a defence to prove that the presence of that matter was an unavoidable consequence of the process of collection or preparation.

(3) In proceedings under section 2 in respect of diluted whisky, brandy, rum or gin, it is a defence to prove that—

(a) the spirit in question had been diluted with water only; and

(b) its alcoholic strength by volume was still not lower than 37·2 per cent.

Section 4 Regulations as to composition of food etc.

(1) The Ministers may, so far as appears to them to be necessary or expedient in the interests of the public health, or otherwise for the protection of the public, or to be called for by any EU obligation, make regulations for any of the following purposes—

(a) for requiring, prohibiting or regulating the addition of any specified substance or any substance of any specified class, to food intended for sale for human consumption or any class of such food, or the use of any such substance as an ingredient in the preparation of such food, and generally for regulating the composition of such food;

(b) for requiring, prohibiting or regulating the use of any process or treatment in the preparation of any food intended for sale for human consumption, or any class of such food;

(c) for prohibiting or regulating the sale, possession for sale, offer or exposure for sale, consignment, or delivery, of food which does not comply with any of the regulations, or in relation to which an offence against the regulations has been committed or would have been committed if any relevant act or omission had taken place in England and Wales, or in Northern Ireland, subject to subsection (5), or for prohibiting or regulating the importation of any such food as is mentioned above;

(d) for prohibiting or regulating the sale, possession for sale, or offer, exposure or advertisement for sale, of any specified substance, or of any substance of any specified class, with a view to its use in the preparation of food for human consumption, and the possession of any such substance for use in the preparation of food intended for sale for human consumption.

(2) In the exercise of their functions under this section the Ministers shall have regard to the desirability of restricting, so far as practicable, the use of substances of no nutritional value as foods or as ingredients of foods.

(3) Regulations made under this section may apply to cream, and to any food containing milk, but otherwise shall not apply to milk.

(4) Regulations so made may provide that, where any food is certified by a public analyst as being food to which the regulations apply so far as they are made under paragraph (c) of subsection (1), that food may be treated for the purposes of section 9, or in any corresponding Northern Ireland enactment, as being unfit for human consumption.

Those regulations may be—

(a) in relation to such cases as may be specified, and

(b) subject to such exceptions as may be allowed,

by or under the regulations, but nothing in any such regulations shall be taken as prejudicing the generality of the powers conferred by section 9, or in any corresponding Northern Ireland enactment.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 5 Ministers’ power to obtain particulars of ingredients.

(1) To enable the Ministers to exercise their functions under section 4—

(a) they may by order require every person who at the date of the order or at any subsequent time carries on a business which includes the production, importation or use of substances of any class specified in the order to provide the Minister (within such time as may be so specified) with the particulars mentioned in paragraph (b);

(b) those particulars shall be such as may be so specified of the composition and use of any such substance sold in the course of that business for use in the preparation of food for human consumption, or used for that purpose in the course of that business.

(2) Without prejudice to the generality of subsection (1), an order made under that subsection may require the following particulars to be provided in respect of any substance—

(a) particulars of the composition and chemical formula of the substance;

(b) particulars of the manner in which the substance is used or proposed to be used in the preparation of food;

(c) particulars of any investigations carried out by or to the knowledge of the person carrying on the business in question, for the purpose of determining whether and to what extent the substance, or any product formed when the substance is used as mentioned above, is injurious to, or in any other way affects, health;

(d) particulars of any investigations or inquiries carried out by or to the knowledge of the person carrying on the business in question for the purpose of determining the cumulative effect on the health of a person consuming the substance in ordinary quantities.

(3) No particulars provided in accordance with an order under this section, and no information relating to any individual business obtained by means of such particulars, shall, without the previous consent in writing of the person carrying on the business in question, be disclosed except—

(a) in accordance with directions of the Minister, so far as may be necessary for the purposes of section 4 or of any corresponding enactment for the time being in force in Scotland or Northern Ireland,

(b) for the purposes of any proceedings for an offence against the order or any report of those proceedings,

and a person who discloses any such information or particulars in contravention of this subsection is guilty of an offence.

(4) Section 51 of the Patents Act 1949 (which secures inventions against anticipation in certain cases) applies in relation—

(a) to the disclosure of any invention made in pursuance of an order under this section, and

(b) to anything done in consequence of any such disclosure,

as it applies in relation to such communications of inventions as are therein mentioned, and to anything done in consequence of such communications.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 6 Food falsely described.

(1) A person who gives with any food sold by him, or displays with any food exposed by him for sale, a label, whether or not attached to or printed on the wrapper or container, which—

(a) falsely describes the food, or

(b) is calculated to mislead as to its nature, or its substance or its quality,

is guilty of an offence, unless he proves that he did not know, and could not with reasonable diligence have ascertained that the label was of such character as mentioned above.

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

(a) falsely describes any food, or

(b) is calculated to mislead as to the nature, or the substance or the quality of any food,

is guilty of an offence, subject to subsection (3); and in any proceedings under this subsection against the manufacturer, producer or importer of the food, it rests on the defendent to prove that he did not publish, and was not a party to the publication of, the advertisement.

(3) In proceedings under subsection (2) it is a defence for the person charged to prove either—

(a) that he did not know, and could not with reasonable diligence have ascertained, that the advertisement was of such a character as is described in that subsection, or

(b) that, being a person whose business it is to publish, or arrange for the publication of, advertisements, he received the advertisement for publication in the ordinary course of business.

(4) For the purposes of this section, a label or advertisement which is calculated to mislead as to the nutritional or dietary value of any food is calculated to mislead as to the quality of the food.

(5) In proceedings for an offence under this section 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.

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

Section 7 Regulations as to describing food.

(1) The Ministers may make regulations for imposing requirements as to, and otherwise regulating—

(a) the labelling, marking or advertising of food intended for sale for human consumption; and

(b) the descriptions which may be applied to such food.

This provision is without prejudice to section 6.

(2) Regulations made under this section—

(a) may apply to cream, and to any food containing milk (but shall not otherwise apply to milk);

(b) may provide for any purpose authorised by paragraph (c) of section 4(1) in the case of regulations under that section.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 8 Sale etc. of unfit food.

(1) A person who—

(a) sells, or offers or exposes for sale, or has in his possession for the purpose of sale or of preparation for sale, or

(b) deposits with, or consigns to, any person for the purpose of sale or of preparation for sale,

any food intended for, but unfit for, human consumption is guilty of an offence, subject to subsection (3).

(2) Where food in respect of which an offence under paragraph (a) of subsection (1) has been committed was sold to the offender by some other person, that person is also guilty of an offence, subject to subsection (3).

(3) Where a person is charged with an offence under paragraph (b) of subsection (1), or under subsection (2), it is a defence for him to prove either—

(a) that he gave notice to the person with whom he deposited, or to whom he consigned or sold, the food in question that it was not intended for human consumption; or

(b) that, at the time when he delivered or despatched it to that person, either it was fit for human consumption or he did not know, and could not with reasonable diligence have ascertained, that it was unfit for human consumption.

(4) If a person licensed under section 1 of the Slaughterhouses Act 1974 to keep a slaughterhouse is convicted of an offence under this section, the court may cancel his licence, in addition to any other punishment.

(5) The justice of the peace before whom any food is brought under section 9 may, but need not, be a member of the court before which a person is charged with an offence under this section in relation to that food.

Section 9 Examination and seizure of suspected food.

(1) An authorised officer of a council—

(a) may at all reasonable times examine any food intended for human consumption which has been sold, or is offered or exposed for sale, or is in the possession of, or has been deposited with or consigned to, any person for the purpose of sale or of preparation for sale; and

(b) if it appears to him to be unfit for human consumption, may seize it and remove it in order to have it dealt with by a justice of the peace.

(2) An officer who seizes any food under subsection (1) shall inform the person in whose possession the food was found of his intention to have it dealt with by a justice of the peace, and any person who under section 8 might be liable to a prosecution in respect of the food shall, if he attends before the justice of the peace upon the application for its condemnation, be entitled to be heard and to call witnesses.

(3) If it appears to a justice of the peace that any food brought before him, whether seized under the provisions of this section or not, is unfit for human consumption, he shall condemn it and order it to be destroyed or to be so disposed of as to prevent it from being used for human consumption.

(4) If a justice of the peace refuses to condemn any food seized under this Part by an authorised officer of a council, the council shall compensate the owner of the food for any depreciation in its value resulting from its seizure and removal.

Section 10 Food as prizes etc.

Sections 8 and 9 apply—

(a) in relation to any food which is intended for human consumption and is offered as a prize or reward in connection with any entertainment to which the public are admitted, whether on payment of money or not, as if the food were, or had been, exposed for sale by each person concerned in the organisation of the entertainment;

(b) in relation to any food which is intended for human consumption and is offered as a prize or reward or given away for the purpose of advertisement, or in furtherance of any trade or business, as if the food were, or had been, exposed for sale by the person offering or giving away the food; and

(c) in relation to any food which is intended for human consumption and is exposed or deposited in any premises for the purpose of being so offered or given away as mentioned above, as if the food were, or had been, exposed for sale by the occupier of the premises.

In this section “ entertainment ” includes any social gathering, amusement, exhibition, performance, game, sport or trial of skill.

Section 11 Food in transit.

(1) If an authorised officer of a council has reason to suspect that any vehicle or container contains any food—

(a) which is intended for sale for human consumption, or

(b) which is in the course of delivery after sale for human consumption,

he may examine the contents of the vehicle or container, subject to subsections (4) and (5).

(2) For that purpose the officer may, if necessary, detain the vehicle or container.

(3) If the officer finds any food which appears to him to be intended for, but unfit for, human consumption, he may deal with it as food falling within section 9(1), and subsections (2) to (4) of that section shall apply accordingly.

(4) Nothing in this section authorises the detention of—

(a) any vehicle belonging to any of the Boards established by the Transport Act 1962, the London Transport Executive, and their wholly owned subsidiaries, and used by them for the purposes of any railway operated by them;

(b) any vehicle belonging to a railway company and used by them for the purposes of their undertaking;

(c) any authorised vehicle used for the purpose of his business as a carrier of goods by a person holding a licence under Part V of the Transport Act 1968.

(5) Where the duties of an officer of customs and excise with respect to any goods have not been wholly discharged, nothing in this section authorises the examination of those goods without his consent.

Section 12 Products of knackers’ yards.

(1) No person shall, for human consumption—

(a) sell, or

(b) offer or expose for sale, or

(c) have in his possession for the purpose of sale or of preparation for sale,

any part of, or product derived wholly or partly from, an animal which has been slaughtered in a knacker’s yard or of which the carcase has been brought into a knacker’s yard.

(2) A person who contravenes subsection (1) is guilty of an offence, and, if he is licensed under section 1 of the Slaughter-houses Act 1974 to keep either a slaughterhouse of a knacker’s yard, the court may, in addition to any other punishment, cancel his licence.

Section 13 Regulations as to food hygiene.

(1) the Ministers may make such regulations as appear to them to be expedient for securing the observance of sanitary and cleanly conditions and practices in connection with—

(a) the sale of food for human consumption, or

(b) the importation, preparation, transport, storage, packaging, wrapping, exposure for sale, service or delivery of food intended for sale or sold for human consumption,

or otherwise for the protection of the public health in connection with those matters.

(2) Without prejudice to the generality of subsection (1), regulations made under this section may provide—

(a) for imposing requirements as to the construction, layout, drainage, equipment, maintenance, cleanliness, ventillation, lighting, water-supply and use of premises in, at or from which food is sold for human consumption, or offered, exposed, stored or prepared for sale, for human consumption (including any parts of such premises in which apparatus and utensils are cleansed, or in which refuse is disposed of or stored);

(b) for imposing requirements as to the provision, maintenance and cleanliness of sanitary and washing facilities in connection with such premises, the disposal of refuse and the maintenance and cleanliness of apparatus, equipment, furnishings and utensils used in such premises, and in particular for imposing requirements that every sanitary convenience situated in such premises shall be supplied with water through a suitable flushing appliance;

(c) for prohibiting or regulating the use of any specified materials, or of materials of any specified class, in the manufacture of apparatus or utensils designed for use in the preparation of food for human consumption, and the sale or importation for sale of apparatus or utensils designed for such use and containing any specified materials, or materials of any specified class;

(d) for prohibiting spitting on premises where food is sold for human consumption, or offered, exposed, stored or prepared for sale for human consumption (including any parts of such premises where apparatus and utensils are cleansed);

(e) for imposing requirements as to the clothing worn by persons in such premises;

(f) for securing the inspection of animals intended for slaughter, and of carcases of animals, for the purpose of ascertaining whether meat intended for sale for human consumption is fit for such consumption;

(g) for requiring the staining or sterilisation in accordance with the regulations of meat which is unfit for human consumption, or which is derived from animals slaughtered in knackers’ yards or from carcases brought into knackers’ yards, or which, though not unfit for human consumption, is not intended for such consumption;

(h) for regulating generally the treatment and disposal of any food unfit for human consumption;

(j) for prohibiting or regulating, or enabling local authorities to prohibit or regulate, the sale for human consumption, or the offer, exposure or distribution for sale for human consumption, of shellfish taken from beds or other layings for the time being designated by or under the regulations.

In this subsection “ animals ” includes poultry.

(3) Regulations under this section may make different provisions in relation to different classes of business; and without prejudice to the foregoing provisions of this section or section 118, any such regulations imposing requirements in respect of premises may—

(a) impose on the occupier of the premises and, in the case of requirements of a structural character, on any owner of the premises who either lets them for use for a purpose to which the regulations apply or permits them to be so used after notice from the authority charged with the enforcement of the regualtions, responsibility for compliance with those requirements;

(b) provide, subject to such limitations and safeguards as may be specified, for conferring, in relation to particular premises, exemptions from the operation of specified provisions contained in regulations made for the purposes of paragraph (a) or paragraph (b) of subsection (2) while there is in force a certificate of the local authority to the effect that compliance with those provisions cannot reasonably be required with respect to the premises or any activities carried on in them.

(4) If any person who has incurred, or is about to incur, expenditure in securing that the requirements of regulations made under this section, being requrements of a structural character, are complied with in respect of any premises owned or occupied by him claims that the whole or any part of the expenditure ought to be borne by any other person having an interest in the premises, he may apply to the county court.

(5) The court may make such order concerning the expenditure or its apportionment as appears to the court, having regard to all the circumstances of the case, including the terms of any contract between the parties, to be just and equitable; and any order made under this subsection may direct that any such contract as mentioned above shall cease to have effect in so far as it is inconsistent with the terms of the order.

(6) Regulations made under this section may impose in respect of accommodation in home-going ships, and in respect of vehicles, stalls and places other than premises, any such requirements as may be imposed under the regulations in respect of premises.

(7) references in this section to food shall be construed as references to food other than milk, except that—

(a) regulations under this section relating to importation may apply to milk; and

(b) any regulations under this section may apply to any food containing milk.

(8) The Ministers shall from time to time take such steps as they think expedient for publishing codes of practice in connection with matters which may be made the sudject of regulations under this section, for the purpose of giving advice and guidance to persons responsible for compliance with such regulations.

(9) If a person convicted of an offence against any regulations made under this section with respect to slaughterhouses or knackers’ yards is the holder of a licence under section 1 of the Slaughterhouses Act 1974 in respect of the premises where the offence was committed, the court may, in addition to any other punishment, cancel the licence.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 14 Court’s power to disqualify caterer.

(1) The provisions of this section have effect where a person is proceeded against by a local authority for an offence against regulations made under section 13 in respect—

(a) of any premises used as catering premises; or

(b) of any business carried on at such premises.

(2) If the person is convicted of the offence and the court thinks it expedient to do so—

(a) having regard to the gravity of the offence or (in the case of an offence committed in respect of premises) to the unsatisfactory nature of the premises, or

(b) having regard to any offences against regulations made under section 13 of which the person has been previously convicted,

the court may, on the application of the local authority, make an order disqualifying that person from using those premises as catering premises for such period not exceeding two years as may be specified in the order.

(3) An order under this section shall not be made against any person unless the local authority have, not less than 14 days before the date of the hearing, given that person written notice of their intention to apply for an order to be made against him.

(4) A person subject to an order under this section is guilty of an offence if, while the order is in force—

(a) he uses the premises to which the order relates as catering premises; or

(b) he participates in the management of any business in the course of which the premises are so used by another person.

(5) A person so subject may, from time to time after the expiry of 6 months from the date on which the order came into force, apply to the court before which he was convicted, or by which the order was made, to revoke the order; but where such an application is refused by the court a further application under this subsection shall not be entertained if made within 3 months of the refusal.

(6) On any such application the court may, if it thinks proper having regard to all the circumstances of the case, including in particular—

(a) the person’s conduct subsequent to the conviction, and

(b) any improvement in the state of the premises to which the order relates,

grant the application.

(7) The court to which an application under subsection (5) is made has power to order the applicant to pay the whole or any part of the costs of the application.

Section 15 Byelaws as to food.

A local authority may make byelaws for securing the observance of sanitary and cleanly conditions and practices—

(a) in connection with the handling, wrapping and delivery of food sold or intended for sale for human consumption; and

(b) in connection with the sale or exposure for sale in the open air of food intended for human consumption.

Section 21 Closure order.

(1) Where on an information laid by a local authority a person is convicted of an offence under regulations made under section 13 and the offence includes—

(a) the carrying on of a food business at any insanitary premises or at any premises the condition, situation or construction of which is such that food is exposed to the risk of contamination, or

(b) the carrying on of a food business on, at or from a stall which is insanitary, or which is so situated or constructed, or is in such a condition, that the food is exposed to the risk of contamination,

then, subject to subsection (2), if the court is satisfied that—

(i) food continues or is likely to continue to be prepared, stored, sold or offered or exposed for sale at those premises or on, at or from that stall, and

(ii) by reason of the situation, construction or insanitary or defective condition of the premises or stall or the insanitary or defective condition of the fittings or fixtures or equipment or the infestation of vermin or the accumulation of refuse, the carrying on of a food business at those premises or on, at or from that stall would be dangerous to health,

the court may on the local authority’s application, whether or not it makes any other order, by order (called “a closure order”) prohibit the preparation, storage, sale or offer or exposure for sale at those premises or on, at or from that stall of food until the local authority certifies under subsection (4) that such specified measures as the court considers necessary to remove the danger to health have been carried out.

(2) A closure order shall not be made unless the local authority have, not less than 14 days before the trial of the information, given—

(a) the person against whom the information was laid, and

(b) if he is not that person, the owner of the premises or stall (unless the local authority are unable after reasonable inquiry to ascertain his identity),

written notice of their intention to apply for the order.

(3) The local authority shall in any notice under subsection (2) specify the measures which, in their opinion, should be taken to remove any danger to health.

(4) Any person who wishes to carry on a food business at any premises or on, at or from any stall with respect to which a closure order is in force may apply to the local authority who, if satisfied that the measures specified by the closure order have been carried out, shall as soon as practicable and in not more than 14 days give to the applicant a certificate to that effect, and such certificate shall be conclusive evidence of the matters stated in it.

Section 22 Emergency order.

(1) Where an information is, or has been, laid by a local authority in relation to an offence described in section 21(1) and application is made by the local authority for an order under this section, the court may, subject to subsection (2), if satisfied—

(a) by evidence tendered by the local authority, and

(b) after affording, if he appears, the person against whom the information is or was laid and, if he is not that person, the owner of the premises or stall, an opportunity to be heard and tender evidence,

that the use of the premises or stall for the preparation, storage, sale or offer or exposure for sale of food involves imminent risk of danger to health, make an order (called “an emergency order”) prohibiting, either absolutely or subject to conditions, the use of those premises or that stall for those purposes until—

(i) the determination of the proceedings to which the information gave rise, or

(ii) the issue of a certificate by the local authority under subsection (6),

whichever is the earlier.

(2) The court shall not consider an application under this section unless it is satisfied that at least three clear days’ notice in writing of intention to make that application and of the time at which it would be made has been given to the person against whom the information is or was laid and, if he is not that person, to the owner of the premises or stall.

(3) The local authority shall in any notice under subsection (2) specify the measures which, in their opinion, should be taken to remove any danger to health.

(4) Notice for the purpose of subsection (2) may be served in any way, except by post, authorised by rules made under section 144 of the Magistrate’s Courts Act 1980 for the service of a summons issued by a justice of the peace or by leaving it for him with some person who appears to be employed at the premises or stall to which the information relates.

(5) The local authority shall serve a copy of an emergency order made under this section as soon as may be after the order has been made on the person against whom the information was laid and, if he is not that person, on the owner of the premises or stall, and shall affix a copy of it in a conspicuous position on the premises or, if practicable, on the stall.

(6) Any person who wishes to carry on a food business at any premises or on, at or from any stall, with respect to which an emergency order is in force, may apply to the local authority who, if satisfied there is no longer any risk of danger to health, shall as soon as practicable and in not more than 14 days issue a certificate to that effect.

Section 23 Compensation.

(1) If on the trial of an information relating to an offence described in section 21(1) the court, on the application of an interested person—

(a) determines that at the date of any emergency order the use of the premises or stall did not involve imminent risk of danger to health, and

(b) is satisfied that loss has been occasioned by the emergency order,

the court may order the local authority to pay to that person compensation of such amount as the court thinks proper.

(2) The following are interested persons for the purposes of subsection (1) and section 24(2)—

(a) the person against whom the information was laid;

(b) the owner of the premises or stall;

(c) any person not within paragraph (a) or (b) who at the time when the emergency order was made was carrying on a food business at those premises or on, at or from that stall.

Section 24 Appeals.

(1) Where an application for a closure order is refused or granted—

(a) if the application is refused, the local authority who made the application may appeal to the Crown Court;

(b) if the application is granted, any person to whom notice of the application was given under section 21(2) may appeal as mentioned in paragraph (a).

(2) Where an application for an order under section 23 for the payment of compensation is granted or refused, the following persons may appeal to the Crown Court—

(a) the local authority who made the application for the emergency order in question; or

(b) any interested person who applied for the payment of compensation under that section in respect of that order.

(3) Where a person applies for a certificate under section 21(4)

or 22(6), and the local authority refuses or fails to give it, the applicant may appeal to a magistrates’ court who may, if satisfied that it is proper to do so, direct the authority to give such certificate.

Section 25 Offences against food premises control.

(1) A person who contravenes a closure order or an emergency order is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) In the application of the provisions of sections 21, 22, 23 and 24, and of subsection (1) of this section, in connection with an offence under any such regulations as are mentioned in section 21(1)—

(a) any expression to which a meaning is given by the regulations in question shall, unless the context otherwise requires, have the same meaning in those provisions as in those regulations; and

(b) those provisions shall have effect as if the references to premises included places which are not premises within the meaning of those regulations.

Section 26 Ships.

In relation to any offence under regulations made under section 13 which includes the carrying on of a food business—

(a) in any insanitary ship, or

(b) in any ship the condition, situation or construction of which is such that food is exposed to the risk of contamination,

the Secretary of State may make regulations containing provisions corresponding to those of sections 21, 22, 23, 24 and 25, with such additions, omissions or other modifications as he thinks fit.

As to regulations under this section—

(i) the penalty provided by any provision of such regulations which corresponds to section 25(1) shall be the same as in that subsection;

(ii) the only provision of Parts VI and VII which applies to the exercise of the power to make such regulations is section 120.

Section 27 Sale of ice-cream from stalls etc.

(1) Every dealer in ice-cream who in a street or other place of public resort sells, or offers or exposes for sales, ice-cream—

(a) from a stall or vehicle, or

(b) from a container used without a stall or vehicle,

shall have his name and address legibly and conspicuously displayed on the stall, vehicle or container, as the case may be, and, if he fails to comply with the requirements of this section, shall be liable to a fine not exceeding level 1 on the standard scale.

(2) A local authority may at any time resolve that, as from such date, not being less than 4 weeks from the date of the passing of the resolution, as may be there specified and until the resolution is revoked, this section shall apply within their district in relation—

(a) to all kinds of food, or

(b) to any kinds of food specified in the resolution,

as it applies in relation to ice-cream, and while any such resolution is in force this section shall apply accordingly.

Nothing in this subsection has effect in relation to milk.

(3) A local authority shall forthwith give notice to the Secretary of State of the passing or revocation of a resolution under this section and shall take such steps as he may direct for publishing notice of the coming into operation, or revocation, of any such resolution.

Section 28 Prevention of spread of disease by ice-cream.

(1) Every manufacturer of, or dealer in, ice-cream shall, upon the occurrence of any disease to which this subsection applies among the persons living or working in or about the premises on which the ice-cream is manufactured, stored or sold, forthwith give notice of the occurrence to the local authority for the district and, if he fails to do so, shall be liable to a fine not exceeding level 1 on the standard scale.

(2) Subsection (1) applies to the diseases specified in Schedule 1 and any other disease which the Secretary of State may by order declare to be a disease to which that subsection applies.

(3) If the proper officer of a local authority has reasonable ground for suspecting that any ice-cream, or substance intended for use in the manufacture of ice-cream, is likely to cause any disease communicable to human beings, he may give notice to the person in charge of it that, until further notice, the ice-cream or substance in question, or any specified portion of it, is not to be used for human consumption and either—

(a) is not to be removed; or

(b) is not to be removed except to some place specified in the notice.

A person who uses or removes any ice-cream or substance in contravention of the requirements of a notice given under this subsection shall be liable to a fine not exceeding level 5 on the standard scale.

(4) If on further investigation the proper officer of the local authority is satisfied that the ice-cream or substance in question may safely be used for human consumption, he shall forthwith withdraw his notice; but, if he is not so satisfied—

(a) he shall cause it to be destroyed, and

(b) he shall also cause to be destroyed any other ice-cream or such substance as mentioned above then on the premises as to which he is not so satisfied.

(5) Where a notice given under subsection (3) is withdrawn by the proper officer of the local authority, or the proper officer acting under subsection (4) causes any ice-cream or other substance to be destroyed, the local authority shall compensate the owner of the ice-cream or other substance in question for any depreciation in its value resulting from the action taken by the proper officer or, as the case may be, for the loss of its value.

(6) As to compensation under this section—

(a) no compensation shall be payable in respect of the destruction of any ice-cream or substance if the local authority prove that it was likely to cause any disease communicable to human beings;

(b) no compensation shall in any case be payable—

(i) in respect of any ice-cream or substance manufactured on, or brought within, any premises while a notice given under subsection (3) with respect to anything on those premises was operative, or

(ii) in any case where the owner of the ice-cream or substance in question has failed to give a notice which he was required by subsection (1) to give.

For the purposes of this subsection, the value of any ice-cream or other substance shall not be assessed at a sum exceeding the cost incurred by the owner in making or purchasing it.

Section 29 Sale of horseflesh.

(1) A person is guilty of an offence who—

(a) sells, or

(b) offers or exposes for sale, or

(c) has in his possession for the purpose of sale,

any horseflesh for human consumption elsewhere than—

(i) in premises, or

(ii) in a stall, vehicle or place,

over or on which a notice in legible letters stating that horseflesh is sold there is displayed in a conspicuous position so as to be visible whenever horeflesh is being sold, or offered or exposed for sale.

(2) A person is guilty of an offence who supplies horseflesh for human consumption to a purchaser—

(a) who has not asked to be supplied with horseflesh; or

(b) who has asked to be supplied with some compound article of food not ordinarily made of horseflesh.

(3) If any horseflesh is exposed for sale elsewhere than in premises, or in a stall, vehicle or place, distinguished as mentioned above without anything to show that it was not intended for sale for human consumption, the onus of proving that it was not so intended shall rest upon the person exposing it for sale.

(4) In this section “ horseflesh ” means the flesh of horses, asses and mules, and includes any such flesh—

(a) whether cooked or uncooked, and

(b) whether alone, or accompanied by, or mixed with any other substance,

and “ flesh ” includes any part of any such animal.

Section 30 Cleansing of shellfish.

(1) A county council or a local authority—

(a) may provide, whether within or without their county or district, tanks or other apparatus for cleansing shell-fish; and

(b) may make charges in respect of the use of any tank or other apparatus so provided.

(2) A county council or a local authority may contribute towards the expenses incurred under this section by any other council or any joint committee, or towards expenses incurred by any other person in providing, and making available to the public, means for cleansing shellfish.

(3) Any expenses incurred by a county council under this section shall, if the Secretary of State by order so directs, be defrayed as expenses for special county purposes chargeable upon such part of the county as may be provided by the order.

(4) In this section “ cleansing shellfish ” includes the subjection of shellfish to any germicidal treatment.

(5) 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.

Section 31 Inspection and control of infected food.

(1) If the proper officer of a local authority has reasonable ground for suspecting that any food of which he, or any other officer of the local authority of the district, has procured a sample under the provisions of this Act is likely to cause food poisoning, he may give notice to the person in charge of the food that, until his investigations are completed—

(a) the food, or any specified portion of it, is not to be used for human consumption, and

(b) either is not to be removed, or is not to be removed except to some place specified in the notice.

A person who uses or removes any food in contravention of the requirements of a notice given under this subsection is liable to a fine not exceeding level 5 on the standard scale.

(2) If, as a result of his investigations, the proper officer is satisfied that the food in question, or any portion of it, is likely to cause food poisoning, he may deal with it as food falling within section 9(1) and subsections (2) and (3) of that section shall apply accordingly; but, if he is satisfied that it may be safely used for human consumption, he shall forthwith withdraw his notice.

(3) If a notice given under subsection (1) is withdrawn by the proper officer, or if the justice of the peace before whom any food is brought under this section refuses to condemn it, the local authority shall compensate the owner of the food to which the notice related for any depreciation in its value resulting from the action taken by the proper officer.

Section 32 Meaning of “dairy”, “dairy farm” etc.

(1) In the following provisions of this Act—

(a) “ dairy ”—

(i) includes any farm, cowshed, milking house, milk store, milk shop or other premises from which milk is supplied on or for sale, or in which milk is kept or used for purposes of sale or for the purposes of manufacture into butter, cheese, dried milk or condensed milk for sale, or in which vessels used for the sale of milk are kept, but

(ii) does not include a shop from which milk is supplied only in the properly closed and unopened vessels in which it is delivered to the shop, or a shop or other place in which milk is sold for consumption on the premises only;

(b) “ dairy farm ”—

(i) means any premises (being a dairy) on which milk is produced from cows, but

(ii) does not include any part of any such premises on which milk is manufactured into other products unless the milk produced on the premises forms a substantial part of the milk so manufactured;

(c) “ dairy farmer ” means a dairyman who produces milk from cows; and

(d) “ dairyman ” includes an occupier of a dairy, a cowkeeper, and a purveyor of milk.

(2) If any question arises under paragraph (b)(ii) of subsection (1) whether the milk produced on a farm or other premises forms a substantial part of the milk that is manufactured into other products on that farm or on those premises, that question shall be determined by the Minister.

Section 33 Milk and Dairies Regulations.

(1) The Ministers may make regulations, called “Milk and Dairies Regulations”, providing—

(a) for the inspection of cattle on dairy farms;

(b) for the inspection of dairies, and of persons in or about dairies who have access to the milk, or to the churns or other milk vessels;

(c) with respect to the lighting. ventilation, cleansing, drainage and water-supply of dairies;

(d) for securing the cleanliness of churns and other milk vessels and appliances and for prohibiting, subject to prescribed exceptions, the use of churns, (whether by the persons to whom they belong or other persons) otherwise than as containers for milk, where the churns are in use for the purposes of the business of a dairyman;

(e) for prescribing the precautions to be taken for protecting milk against infection or contamination;

(f) for preventing danger to health from the sale of infected, contaminated or dirty milk, and in particular for prohibiting the supply or sale of milk suspected of being infected;

(g) for imposing obligations on dairymen and their employees in regard to cases of infectious illness;

(h) for regulating the cooling, storage, conveyance and distribution of milk;

(j) with respect to the labelling, marking or identification, and the sealing or closing, of churns and other vessels used for the conveyance of milk, the labelling of vessels in which milk is sold or offered or exposed for sale or delivered, and the display of the vendor’s name and address on any stall, or any cart, barrow or other vehicle, from which milk is sold or delivered;

(k) in cases were no express provision is made by this Act, for prohibiting or restricting—

(i) the addition of any substance to milk, or the abstraction from milk of fat or any other constituent,

(ii) the sale of milk to which any such addition, or from which any such abstraction, has been made, or which has been otherwise artificially treated;

(l) for prohibiting or restricting, subject to prescribed exceptions, the sale for human consumption, as milk of any specified description, of milk containing less than a specified quantity of any specified normal constituent;

(m) for requiring, subject to prescribed exceptions, cream or separated milk to be subjected to a specified treatment before being sold for human consumption;

(n) for prohibiting, subject to prescribed exceptions, the sale for human consumption of milk obtained from cows milked—

(i) at any stage of a journey to or from a dairy farm,

(ii) at a slaughterhouse or knacker’s yard, or

(iii) in any market or other place where cattle are collected for the purposes of sale or showing, whether or not the market or place is registered in pursuance of Milk and Dairies Regulations as a dairy farm;

(o) for requiring, subject to prescribed exceptions, any milk to which regulations in force under paragraph (n) apply to be stained or otherwise treated for the purposes of identification.

(2) In subsection (1)—

(a) “ prescribed exceptions ” means such exceptions as may be allowed by or under Milk and Dairies Regulations; and

(b) except in paragraph (o). “ milk ” means milk intended for sale or sold for human consumption, or intended for manufacture into products for sale for human consumption.

(3) Paragraph (m) of subsection (1), so far as it relates to cream, shall be without prejudice to the power of the Ministers under section 4 to make regulations applying to cream, but regulations made under paragraph (j), paragraph (k) or paragraph (l) of that subsection shall not apply in relation to cream in so far as they are made for any purpose for which regulations relating to cream may be made under section 4.

(4) Milk and Dairies Regulations may be general regulations or regulations limited to a particular area.

Section 34 Registration.

(1) Milk and Dairies Regulations—

(a) may provide for the registration of persons carrying on, or proposing to carry on, the trade of a dairyman and for the registration of dairies, and for prohibiting any person from carrying on that trade unless he and any premises used by him as a dairy are duly registered; and

(b) shall provide for the registration by the Minister of dairy farms and of persons carrying on, or proposing to carry on, the trade of a dairy farmer.

(2) Regulations made for the purposes of this section may make special provision—

(a) for the registration of premises used temporarily as dairies or dairy farms, and of the occupiers of such premises;

(b) for the removal from the register of such premises and occupiers at the expiry of the period for which the registration is effected.

(3) Part I of Schedule 2 has effect, subject to subsection (5), with respect to refusing or cancelling the registration of dairymen.

(4) Subject to subsection (5), regulations made for the purposes of paragraph (b) of subsection (1) shall provide in accordance with Part II of Schedule 2 for dealing with the refusal and cancellation of any such registration as is mentioned in that paragraph.

(5) Schedule 2 does not apply to registration in pursuance of regulations made by virtue of subsection (2), or to persons registered or applying to be registered under them.

Section 35 Sale of milk from diseased cows.

(1) A person is guilty of an offence who—

(a) sells, or offers or exposes for sale, for human consumption, or

(b) uses in the manufacture of products for sale for human consumption,

the milk of any cow which to his knowledge has given tuberculous milk, or is suffering from emaciation due to tuberculosis, or from tuberculosis of the udder or any other disease of cows to which this section applies.

(2) In proceedings under this section, the defendant shall be deemed to have known that a cow had given tuberculous milk, or was suffering as mentioned above, if he could with ordinary care have ascertained the fact.

(3) The diseases of cows to which this section applies are those listed in Schedule 3 and any other disease to which the provisions of this section are extended by Milk and Dairies Regulations.

Section 36 Adulteration.

(1) A person is guilty of an offence—

(a) who adds any water or colouring matter, or any dried or condensed milk or liquid reconstituted from it, to milk intended for sale for human consumption;

(b) who sells, or offers or exposes for sale, or has in his possession for the purpose of sale, for human consumption, any milk to which any addition has been made in contravention of paragraph (a);

(c) who sells, or offers or exposes for sale, under the designation of milk, any liquid in the making of which any dried or condensed milk has been used.

(2) For the purposes of paragraph (b) of subsection (1), a person shall be deemed to retain the possession of milk which is deposited in any place for collection until it is actually collected.

(3) Nothing in subsection (2) shall be taken as prejudicing the defence available under section 81(4) to a person charged with an offence in respect of a sample of milk taken after the milk has left his possession.

(4) The treatment of milk by the application of steam shall not be treated for the purposes of this section as the making of an addition of water to that milk in contravention of the foregoing provisions of this section if—

(a) Milk (Special Designation) Regulations under section 38 are in force prescribing a special designation in relation to milk subjected to that treatment; and

(b) that treatment is carried out in accordance with the conditions prescribed by those regulations as the conditions subject to which licences authorising the use of that special designation are granted; and

(c) those conditions include a condition that both the percentage of the milk consisting of milk fat and the percentage of the milk consisting of milk solids other than milk fat are the same after that treatment as before it.

Section 37 Appointment of veterinary inspectors.

The functions of veterinary inspectors under any enactments relating to milk or to dairies shall, in accordance with directions given by the Minister, be discharged by veterinary inspectors appointed for the purpose by him under section 5 of the Board of Agriculture Act 1889.

Section 38 Milk (Special Designation) Regulations.

(1) Provision may be made regulations, to be made by the Ministers and called “ Milk (Special Designation) Regulations ”—

(a) for prescribing, in relation to milk of any description, such designation (a “special designation”) as the Ministers consider appropriate; and

(b) for the granting of licences to producers and sellers of milk authorising the use of a special designation, and for prescribing the periods for which and the conditions subject to which licences, or licences of any particular class, are to be granted under the regulations.

(2) Provision made by such regulations for the granting of licences authorisisng the use of a special designation shall be for the granting of them by the following—

(a) as respects licences authorising the use of a special designation of raw milk by the producer of the milk, the Minister;

(b) as respects other licences, either the Minister or county councils, food and drugs authorities or local authorities, as may be provided by the regulations.

(3) Part I of Schedule 4 has effect with respect to the provision by such regulations of—

(a) the revocation or suspension of licences authorising the use of a special designation on the ground of a breach of condition of the licence;

(b) procedure in connection with decisions to revoke or suspend such licences or to refuse grants of such licences.

(4) The conditions prescribed by such regulations subject to which licences may be granted may include conditions as to the payment of fees.

Section 39 Restrictions.

(1) A person is guilty of an offence who for the purpose of the sale or advertisement of any milk uses a special designation in any manner calculated to suggest that it refers to that milk, unless he holds a licence authorising the use of that designation in connection with that milk.

For the purpose of a sale or advertisement of milk as, or as part of, a meal or refreshments, a special designation may be used by a person who does not hold a licence authorising the use of that designation in connection with the milk if—

(a) the milk is milk bought by him; and

(b) that designation was used for the purpose of the sale of milk to him.

(2) A person is quilty of an offence who, for the purpose of the sale or advertisement of any milk, refers to that milk by any such description, not being a special designation, as is calculated falsely to suggest—

(a) that there is in force a licence authorising the use of a special designation in connection with that milk; or

(b) that the milk is tested, approved or graded by any competent person; or

(c) that the cows from which the milk is derived are free from the infection of tuberculosis or of any other disease.

(3) In any proceedings taken under subsection (2) it rests on the person charged to prove the truth of any suggestion which, in the court’s opinion, his acts or conduct, as proved by the prosecution, are or is calculated to convey.

(4) Where there has been a breach of a condition subject to which a licence authorising the use of a special designation is granted, but the licence has not been revoked or suspended, the breach shall not be treated as rendering the use of the designation unauthorised for any of the purposes of this section or of any other provision of this Act.

(5) Section 47 applies for the interpretation of the references in this section to selling milk, but as if the definition of milk in that section were omitted.

Section 40 Special designations: retail sales.

(1) The use of a special designation is obligatory for the purpose of all sales of milk by retail for human consumption (other than catering sales) where the place of sale is in an area in which this subsection is in operation under the following provisions of this Part in that behalf, and subject to this Part.

(2) An area in which subsection (1) is in operation as there mentioned is in this Part, and in Schedule 4, referred to as “ a specified area ”.

(3) Notwithstanding that the place of sale is not in a specified area, the use of a special designation is obligatory also for the purpose of a sale of milk by retail for human consumption (other than a catering sale) if—

(a) the milk is delivered from an establishment, whether in or outside a specified area; and

(b) there is carried on at that establishment a business of selling milk which includes any sales for the purpose of which the use of a special designation is obligatory under subsection (1).

(4) Subsections (1) and (3) do not apply to the selling of milk as mentioned in those subsections by a producer of milk from cows to persons—

(a) employed by him in or in connection with such production, or

(b) employed by him otherwise in agriculture,

if he does not engage in any other selling of milk as mentioned in those subsections.

(5) A person who sells milk without the use of a special designation under a sale for the purpose of which the use of a special designation is obligatory by virtue of this section is guilty of an offence.

(6) Section 47 applies for the interpretation of this section.

Section 41 Special designations: catering.

(1) This section applies—

(a) to catering sales; and

(b) to sales of milk to a person who carries on a business which consists of or comprises making catering sales (in this section called “a caterer”).

(2) Subject to this Part, a catering sale made in a specified area—

(a) is lawful (unless it is for any reason unlawful apart from this subsection) if the caterer bought the milk under a sale for the purpose of which a special designation was used, or if he holds a licence authorising him to use a special designation in connection with the milk, whether the designation is used for the purpose of the catering sale or not, but

(b) otherwise shall be unlawful.

(3) Subject to this Part, on a sale of milk to a caterer, being a sale for the purpose of which the use of a special designation would be obligatory by section 40 if it were a sale by retail, the use of such a designation is obligatory, except where—

(a) the caterer buys the milk with a view to subjecting it to a process to which milk is required to be subjected as a condition of the use of a special designation in connection with it, and he is the holder of a licence authorising him to use that designation; or

(b) the caterer buys the milk for the purposes of a business of his as a milk dealer or a manufacturer of milk products other than his business as a caterer.

(4) A person is guilty of an offence—

(a) who makes a catering sale which is unlawful under subsection (2); or

(b) who sells milk without the use of a special designation under a sale for the purpose of which the use of a special designation is obligatory under subsection (3).

(5) A person is not guilty of an offence under subsection (3) if at the time of the sale in question he had reasonable cause to believe that the conditions specified in paragraph (a) or paragraph (b) of that subsection were satisfied as to that sale or that the buyer was not a caterer.

(6) Section 47 applies for the interpretation of this section.

Section 42 Special designations: exemption.

(1) Notwithstanding anything in subsection (1) or subsection (3) of section 40, or in section 41(3), selling milk as mentioined in those subsections without the use of a special designation is permissible if done with the Minister’s consent.

(2) The Minister may give consents for the purposes of this section—

(a) either generally as respects selling milk as mentioned in those subsections or restricted to a particular retailer or establishment or otherwise, and

(b) either unconditionally or subject to conditions,

as may appear to him to be requisite to meet any circumstances in which use of a special designation which would be oblligatory under those subsections apart from the consent appears to him to be for the time being not reasonably practicable.

(3) A catering sale made in a specified area is not unlawful under section 41(2) if the milk was sold to the caterer with consent given by the Minister for the purposes of this section.

(4) Section 47 applies for the interpretation of this section.

Section 43 Specified areas.

(1) The Ministers may at any time order that section 40(1) shall come into operation in any area in which it is not then in operation, or shall cease to be in operation in any area in which it is then in operation.

(2) Before making an order under this section the Ministers shall consult with such representative organisations as appear to them substantially to represent the interests concerned with the purposes of the order.

(3) For the purposes of this Part—

(a) if a contract of sale of milk is made in one place and the milk is delivered under the contract in another place, the place of sale shall, except in a case falling within paragraph (b), be taken to be the place where the milk is so delivered;

(b) if a contract of sale of milk is made in one place and the milk is delivered under the contract to a carrier for transport to another place, the place of the sale shall be taken to be that other place.

(4) Part II of Schedule 4 has effect as respects the application of Part I of that Schedule to a licence held by a retailer for a specified area.

(5) Section 47 applies for the interpretation of this section.

Section 44 Milk processing facilities.

(1) The Minister may—

(a) install, maintain and operate apparatus for the subjection of milk to any process to which it is required to be subjected as a condition of the use of a special designation in connection with it, and

(b) provide any other facilities for that purpose,

in any case in which it appears to him as respects—

(i) any area which is a specified area, or

(ii) an area as to which the Ministers propose to make an order bringing section 40(1) into operation.

that facilities for the application of such treatment sufficient to provide for supplies of milk of that designation in that area in requisite quantities are not available and are not likely otherwise to become available.

(2) Where the Minister provides facilities under this section—

(a) he may either buy the milk to be treated and re-sell it, otherwise than by retail or to a caterer for the purposes of his business as such, after treatment; or

(b) apply the treatment to milk of others.

(3) The Minister may arrange with local authorities or other persons for the doing, on his behalf and at his expense, of things which he is authorised by this section to do, and it shall be within the powers of local authorities to carry out arrangements so made.

(4) Section 47 applies for the interpretation of this section; and in this section “ local authority ” means a local authority within the meaning of the Local Government Act 1972.

Section 45 Breach of retailer’s licence.

(1) In the event of a breach of any condition to which this section applies of a licence held by a retailer for a specified area, the holder of the licence shall be guilty of an offence under this section, subject to section 46.

(2) The conditions to which this section applies are conditions as to any such matters as are specified in Schedule 5.

(3) Milk (Special Designation) Regulations shall specify the authorities, whether local authorities or food and drugs authorities, by whom the provisions of this section are to be enforced as respects licences other than licences which authorise the use—

(a) of a special designation in relation to raw milk by its producer; or

(b) of a special designation by a local authority.

(4) Section 47 applies for the interpretation of this section; and in this section “ local authoirity ” means a local authority within the meaning of the Local Government Act 1972.

Section 46 Restriction on liability under s. 45.

(1) Such a breach of condition as is mentioned in section 45, constituted by an act or omission for which the holder of the licence is liable to any punishment imposed by or under any enactment other than that section, does not render the holder of the licence guilty of an offence under that section.

(2) Such a breach of condition as is mentioned in section 45 does not render the holder of the licence guilty of an offence under that section unless it was the later, or a later, of two or more such breaches, occurring within a period of 12 months, of conditions either of that licence or of that licence and a former licence by way of renewal of which that licence was granted, and was committed either—

(a) after the licensing authority had given him notice in writing as to an earlier of those two or more breaches informing him of his being alleged to have committed it, and warning him of the liability to prosecution imposed by section 45; or

(b) after he had been convicted of an offence under that section because of an earlier of those two or more breaches.

(3) In the case of any prosecution in respect of such a breach of condition as is mentioned in section 45 which would otherwise render the holder of the licence guilty of an offence under that section, it is a defence for him to prove the following matters (either as to that breach, or as to the earlier breach relied on for the purpose of subsection (2) of this section, unless it is one under which he has been convicted of such an offence)—

(a) that neither he nor any servant or agent of his

(i) did or knew of the doing of, any act that constituted the breach or can reasonably be regarded as having been the cause or among the causes of it, or

(ii) omitted to do, or knew of an omission to do, any act the omission of which constituted the breach, or the doing of which can reasonably be regarded as a precaution that would have prevented it; and

(b) if the breach was in connection with milk that had been sold to him, or had been delivered to him after being subjected to a process to which it was required to be subjected as a condition of the use of the special designation to which his licence related, that that designation—

(i) was used for the purpose of the sale to him or in connection with the delivery to him, as the case may be, and

(ii) was so used without any breach, discoverable by the exercise of reasonable diligence on the part of himself or any servant or agent of his, of any condition, relating to receptacles, to closing, to fastening or to marking, of a licence to use that designation held by the person who sold the milk to him or subjected it to the process, as the case may be.

(4) Section 47 applies for the interpretation of this section.

Section 47 Interpretation of ss. 39 to 46.

In sections 39, 40, 41, 42, 43, 44, 45 and 46, in this section, and in Schedules 4 and 5, except where the context otherwise requires—

“ business ” includes the business of a hospital, school or other institution the selling of milk by which is incidental only to the rendering of the health, education or other services rendered by the institution;

“ catering sale ” means a sale of milk, or of things made from milk or of which milk is an ingredient, as, or as part of, a meal or refreshments;

“ licence held by a retailer for a specified area ” means a licence authorising the use of a special designation held by a person carrying on a business which includes any sales which are sales for the purpose of which the use of a special designation is obligatory by virtue of this Part and are of milk in relation to which that licence authorises the use of a special designation;

“ licensing authority ” means, in relation to a grant of a licence authorising the use of a special designation, the authority having power to grant the licence by virtue of Milk (Special Designation) Regulations, and, in relation to such a licence which has been granted, the authority who would for the time being have power by virtue of such regulations as mentioned above to grant a licence by way of its renewal if it had expired;

“ milk ” means cows’ milk, excluding not only condensed milk and dried milk, but also cream and separated, skimmed and evaporated milk, and butter milk;

“ selling ” means selling in the course of a business and includes, in relation to milk, supplying it under arrangements for free supply, and, in relation to milk and things made from milk or of which milk is an ingredient, supplying it or them, in the course of any business otherwise than under such arrangements; and references to sales and contracts of sale and sellers shall be construed accordingly;

“ selling milk by retail ” means selling it—

(a) to any person other than a milk dealer (that is, a person who carries on a business which consists of or comprises the selling of milk) or a manufacturer of milk products (that is, a person who carries on a business which consists of or comprises the making of things made from milk or of which milk is an ingredient), or

(b) to such a dealer or manufacturer otherwise than for the purposes of his business as such;

“ specified area ” has the meaning given by section 40(2);

“ supplying under arrangements for free supply ” means, in relation to any milk, supplying it, free from any payments made or to be made by the person to whom it is supplied, under arrangements made in exercise of powers in that behalf conferred by section 78(2) of the Education Act 1944, or section 22 of the Education Act 1980, or any regulation under the Emergency Laws (Re-enactments and Repeals) Act 1964; and references to a person’s buying milk include references to his having it supplied to him under such arrangements.

Section 48 Misuse of designation “cream”.

(1) A person is guilty of an offence who sells, or offers or exposes for sale, for human consumption—

(a) any substance which resembles cream in appearance, but is not cream, or

(b) any article of food containing such a substance,

under a description or designation which includes the word “cream” (whether or not as part of a composite word).

(2) Subsection (1) does not apply to the sale, or offer or exposure for sale—

(a) of any substance being reconstituted or imitation cream as defined by this section, or of any article containing such a substance, under a description or designation which identifies the substance as such; or

(b) of any substance under a description or designation which indicates that the substance is not for use as or as a substitute for, cream.

(3) In this section “ reconstituted cream ” means a substance which, not being cream, resembles cream in appearance and contains no ingredient not derived from milk, except—

(a) water, or

(b) ingredients (not added fraudulently to increase bulk, weight or measure, or conceal inferior quality) which may lawfully be contained in a substance sold for human consumption as cream,

and “ imitation cream ” means a substance which, not being cream or reconstituted cream, resembles cream in appearance and is produced by emulsifying edible oils or fats with water, either by themselves or with other substances which are neither prohibited by regulations made for the purposes of this section under section 4, nor added in quantities so prohibited.

(4) For the purposes of this section, the description or designation under which a substance or article is sold, or offered or exposed for sale, shall be deemed to include the word “ cream ” if it includes any other word (composite or otherwise) which is calculated to lead a purchaser to suppose that the substance is or, as the case may be, the article contains either cream or a substance for use as cream.

Section 49 Reconstituted cream.

Such of the following provisions as apply in relation to cream—

(a) any provision of this Part,

(b) any provisions of Milk and Dairies Regulations, other than provisions relating to the registration of dairymen and dairies, and

(c) any provision of Milk (Special Designation) Regulations,

also apply in relation to reconstituted cream as defined by section 48, save as otherwise expressly provided.

Section 50 Establishment or acquisition.

(1) A local authority may—

(a) establish a market within their area ;

(b) acquire by agreement (but not otherwise), either by purchase or on lease, the whole or any part of an existing market undertaking within their area , and any rights enjoyed by any person within their area in respect of a market and of tolls,

and, in either case, may provide—

(i) a market place with convenient approaches to it;

(ii) a market house and other buildings convenient for the holding of a market.

(2) A market shall not be established in pursuance of this section so as to interfere with any rights, powers or privileges enjoyed within the authority’s area in respect of a market by any person, without that person’s consent.

(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

Section 51 Power to sell to local authority.

(1) The owner of a market undertaking, or of any rights in respect of a market and of tolls, whether established under, or enjoyed by virtue of, statutory powers or not, may sell or lease to a local authority the whole or any part of his market undertaking or rights, but subject to all attached liabilities.

(2) A sale by a . . . company under this section must be authorised—

(a) if the company is a company within the meaning of the Companies Act 1985 , by special resolution ;

(b) if the company is not such a company, by a resolution passed by three-fourths in number and value of the members present, either personally or by proxy, at a meeting specially convened for the purpose with notice of the business to be transacted.

Section 52 Market days and hours.

A market authority may appoint the days on which, and the hours during which, markets are to be held.

Section 53 Charges.

(1) A market authority may demand in respect of the market, . . . , such charges as they may from time to time determine.

(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.

(3) The authority—

(a) shall keep exhibited in conspicuous places in the market place, and in any market house, tables stating in large and legibly printed characters the several charges payable under this Part; and

(b) shall keep so much of the tables as relates to charges payable . . . in respect of the weighing of animals, conspicuously exhibited at every weighing machine provided by them in connection with the market for the purpose.

(4) A person who demands or accepts a charge greater than that for the time being authorised shall be liable to a fine not exceeding level 2 on the standard scale.

(5) Nothing in this section applies in relation to rents charged by a market authority in respect of the letting of accommodation within their market for any period longer than one week.

Section 54 Time for payment of charges.

(1) Charges payable in respect of the market shall be paid from time to time on demand to an authorised market officer.

(2) Charges payable in respect of the weighing of cattle, sheep or swine shall be paid in advance to an authorised market officer by the person bringing the animals to be weighed.

(3) Charges payable in respect of animals brought to the market for sale shall be payable, and may be demanded by an authorised market officer—

(a) as soon as the animals in respect of which they are payable are brought into the market place, and

(b) before they are put into any pen, or tied up in the market place,

but further charges shall be payable and may be demanded in respect of any of the animals which are not removed within one hour after the close of the market.

Section 55 Recovery of charges.

If a person liable to pay any charge authorised under this Part does not pay it when lawfully demanded, the market authority may, by any authorised market officer, levy it by distress—

(a) of all or any of the animals, poultry or other articles in respect of which the charge is payable, or

(b) of any other animals, poultry or articles in the market belonging to, or in the charge of, the person liable,

and any such charge may also be recovered either summarily as a civil debt or in any court of competent jurisdiction.