Food Safety Act 1990

• Citation: 1990 c. 16
• Sections: 135

Section 1 Meaning of “food” and other basic expressions.

(1) In this Act “food” has the same meaning as it has in Regulation ( EC ) No. 178/2002 .

(2) In this Act “Regulation ( EC ) No. 178/2002 ” means Regulation ( EC ) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.

(3) In this Act, unless the context otherwise requires—

“ business ” includes the undertaking of a canteen, club, school, hospital or institution, whether carried on for profit or not, and any undertaking or activity carried on by a public or local authority;

“ commercial operation ”, in relation to any food or contact material, means any of the following, namely—

(a) selling, possessing for sale and offering, exposing or advertising for sale;

(b) consigning, delivering or serving by way of sale;

(c) preparing for sale or presenting, labelling or wrapping for the purpose of sale;

(d) storing or transporting for the purpose of sale;

(e) importing and exporting;

and, in relation to any food source, means deriving food from it for the purpose of sale or for purposes connected with sale;

“ contact material ” means any article or substance which is intended to come into contact with food;

“ food business ” means any business in the course of which commercial operations with respect to food or food sources are carried out;

“ food premises ” means any premises used for the purposes of a food business;

“ food source ” means any growing crop or live animal, bird or fish from which food is intended to be derived (whether by harvesting, slaughtering, milking, collecting eggs or otherwise);

“ premises ” includes any place, any vehicle, stall or moveable structure and, for such purposes as may be specified in an order made by the Secretary of State , any ship or aircraft of a description so specified.

(4) The reference in subsection (3) above to preparing for sale shall be construed, in relation to any contact material, as a reference to manufacturing or producing for the purpose of sale.

Section 2 Extended meaning of “sale” etc.

(1) For the purposes of this Act—

(a) the supply of food, otherwise than on sale, in the course of a business; and

(b) any other thing which is done with respect to food and is specified in an order made by the Secretary of State ,

shall be deemed to be a sale of the food, and references to purchasers and purchasing shall be construed accordingly.

(2) This Act shall apply—

(a) in relation to any food which is offered as a prize or reward or given away 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, for the purpose of advertisement or in furtherance of any trade or business, is offered as a prize or reward or given away, 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 exposed or deposited in any premises for the purpose of being so offered or given away as mentioned in paragraph (a) or (b) above, as if the food were, or had been, exposed for sale by the occupier of the premises;

and in this subsection “ entertainment ” includes any social gathering, amusement, exhibition, performance, game, sport or trial of skill.

Section 3 Presumptions that food intended for human consumption.

(1) The following provisions shall apply for the purposes of this Act.

(2) Any food commonly used for human consumption shall, if sold or offered, exposed or kept for sale, be presumed, until the contrary is proved, to have been sold or, as the case may be, to have been or to be intended for sale for human consumption.

(3) The following, namely—

(a) any food commonly used for human consumption which is found on premises used for the preparation, storage, or sale of that food; and

(b) any article or substance commonly used in the manufacture of food for human consumption which is found on premises used for the preparation, storage or sale of that food,

shall be presumed, until the contrary is proved, to be intended for sale, or for manufacturing food for sale, for human consumption.

(4) Any article or substance capable of being used in the composition or preparation of any food commonly used for human consumption which is found on premises on which that food is prepared shall, until the contrary is proved, be presumed to be intended for such use.

Section 4 Ministers having functions under Act.

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Section 5 Food authorities and authorised officers.

(1) Subject to subsections (3) and (4) below, the food authorities in England . . . are—

(a) as respects each London borough, district or non-metropolitan county, the council of that borough, district or county;

(b) as respects the City of London (including the Temples), the Common Council;

(c) as respects the Inner Temple or the Middle Temple, the appropriate Treasurer.

(d) as respects the Isles of Scilly, the council of the Isles of Scilly.

(1A) Subject to subsection (3)(a) and (b) below, the food authorities in Wales are, as respects each county or county borough, the council of that county or county borough.

(2) Subject to subsection (3)(a) below, the food authorities in Scotland are the councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994 .

(3) Where any functions under this Act are assigned—

(a) by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984, to a port health authority or, by an order under section 172 of the Public Health (Scotland) Act 1897, to a port local authority ;

(b) by an order under section 6 of the Public Health Act 1936, to a joint board for a united district; or

(c) by an order under paragraph 15(6) of Schedule 8 to the Local Government Act 1985, to a single authority for a metropolitan county,

any reference in this Act to a food authority shall be construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.

(4) The Secretary of State may by order provide, either generally or in relation to cases of a particular description, that any functions under this Act which are exercisable concurrently—

(a) as respects a non-metropolitan district, by the council of that district and the council of the non-metropolitan county;

(b) as respects the Inner Temple or the Middle Temple, by the appropriate Treasurer and the Common Council,

shall be exercisable solely by such one of those authorities as may be specified in the order.

(5) In this section—

“ the appropriate Treasurer ” means the Sub-Treasurer in relation to the Inner Temple and the Under Treasurer in relation to the Middle Temple;

“ the Common Council ” means the Common Council of the City of London;

“ port local authority ” includes a joint port local authority.

(6) In this Act “ authorised officer ”, in relation to a food authority, means any person (whether or not an officer of the authority) who is authorised by them in writing, either generally or specially, to act in matters arising under this Act; but if regulations made by the Secretary of State so provide, no person shall be so authorised unless he has such qualifications as may be prescribed by the regulations.

Section 6 Enforcement of Act.

(1) In this Act “ the enforcement authority ”, in relation to any provisions of this Act or any regulations or orders made under it, means the authority by whom they are to be enforced and executed.

(2) Every food authority shall enforce and execute within their area the provisions of this Act with respect to which the duty is not imposed expressly or by necessary implication on some other authority.

(3) The Secretary of State may direct, in relation to cases of a particular description or a particular case, that any duty imposed on food authorities by subsection (2) above shall be discharged by the Secretary of State . . . or the Food Standards Agency and not by those authorities.

(4) Regulations or orders under this Act shall specify which of the following authorities are to enforce and execute them, either generally or in relation to cases of a particular description or a particular area, namely—

(a) . . . , . . . the Secretary of State , the Food Standards Agency, food authorities and such other authorities as are mentioned in section 5(3) above; and

(b) in the case of regulations, the Commissioners of Customs and Excise;

and any such regulations or orders may provide for the giving of assistance and information, by any authority concerned in the administration of the regulations or orders, or of any provisions of this Act, to any other authority so concerned, for the purposes of their respective duties under them.

(4A) In the application of subsections (3) and (4) to Scotland, the references to the Food Standards Agency are to be read as references to Food Standards Scotland.

(5) An enforcement authority in England and Wales may institute proceedings under any provisions of this Act or any regulations or orders made under it . . ..

(5A) The Secretary of State may take over the conduct of any such proceedings which have been instituted by some other person.

(5B) The Secretary of State may direct the Food Standards Agency to take over the conduct of any such proceedings which have been instituted by some person other than the Agency.

(5C) The Food Standards Agency may take over the conduct of any such proceedings which have been instituted by some other person, but (unless the Agency has been directed to do so under subsection (5B) above) only with the consent of the person who instituted them.

(6) In this Act “ authorised officer ”, in relation to an enforcement authority, means any person (whether or not an officer of the authority) who is authorised by the authority in writing, either generally or specially, to act in matters arising under this Act and regulations and orders made under it; but if regulations made by the Secretary of State so provide, no person shall be so authorised unless he has such qualifications as may be prescribed by the regulations.

Section 7 Rendering food injurious to health.

(1) Any person who renders any food injurious to health by means of any of the following operations, namely—

(a) adding any article or substance to the food;

(b) using any article or substance as an ingredient in the preparation of the food;

(c) abstracting any constituent from the food; and

(d) subjecting the food to any other process or treatment,

with intent that it shall be sold for human consumption, shall be guilty of an offence.

(2) In determining for the purposes of this section whether any food is injurious to health, regard shall be had to the matters specified in sub–paragraphs (a) to (c) of Article 14(4) of Regulation ( EC ) No. 178/2002 .

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Section 8 Selling food not complying with food safety requirements.

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(2) 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.

Section 9 Inspection and seizure of suspected food.

(1) An authorised officer of a food authority may at all reasonable times inspect any food intended for human consumption which—

(a) has been sold or is offered or exposed for sale; ...

(b) 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;

or

(c) is otherwise placed on the market within the meaning of Regulation ( EC ) No. 178/2002 .

and subsections (3) to (9) below shall apply where, on such an inspection, it appears to the authorised officer that any food fails to comply with food safety requirements.

(2) The following provisions shall also apply where, otherwise than on such an inspection, it appears to an authorised officer of a food authority that any food is likely to cause food poisoning or any disease communicable to human beings.

(3) The authorised officer may either—

(a) give notice to the person in charge of the food that, until the notice is withdrawn, the food or any specified portion of it—

(i) is not to be used for human consumption; and

(ii) either is not to be removed or is not to be removed except to some place specified in the notice; or

(b) seize the food and remove it in order to have it dealt with by a justice of the peace;

and any person who knowingly contravenes the requirements of a notice under paragraph (a) above shall be guilty of an offence.

(4) Where the authorised officer exercises the powers conferred by subsection (3)(a) above, he shall, as soon as is reasonably practicable and in any event within 21 days, determine whether or not he is satisfied that the food complies with food safety requirements and—

(a) if he is so satisfied, shall forthwith withdraw the notice;

(b) if he is not so satisfied, shall seize the food and remove it in order to have it dealt with by a justice of the peace.

(5) Where an authorised officer exercises the powers conferred by subsection (3)(b) or (4)(b) above, he shall inform the person in charge of the food of his intention to have it dealt with by a justice of the peace and—

(a) any person who under section 7 , regulation 19(1) of the Food Safety and Hygiene (England) Regulations 2013, so far as relating to the second entry in the list of specified EU provisions set out in column 1 of Schedule 2 to those Regulations or regulation 4(a) 4(b) of the General Food Regulations 2004 might be liable to a prosecution in respect of the food shall, if he attends before the justice of the peace by whom the food falls to be dealt with, be entitled to be heard and to call witnesses; and

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

(6) If it appears to a justice of the peace, on the basis of such evidence as he considers appropriate in the circumstances, that any food falling to be dealt with by him under this section fails to comply with food safety requirements, he shall condemn the food and order—

(a) the food to be destroyed or to be so disposed of as to prevent it from being used for human consumption; and

(b) any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the owner of the food.

(7) If a notice under subsection (3)(a) above is withdrawn, or the justice of the peace by whom any food falls to be dealt with under this section refuses to condemn it, the food authority shall compensate the owner of the food for any depreciation in its value resulting from the action taken by the authorised officer.

(8) Any disputed question as to the right to or the amount of any compensation payable under subsection (7) above shall be determined by arbitration.

(9) In the application of this section to Scotland—

(a) any reference to a justice of the peace includes a reference to the sheriff and to a magistrate;

(b) paragraph (b) of subsection (5) above shall not apply;

(c) any order made under subsection (6) above shall be sufficient evidence in any proceedings under this Act of the failure of the food in question to comply with food safety requirements; and

(d) the reference in subsection (8) above to determination by arbitration shall be construed as a reference to determination by a single arbiter appointed, failing agreement between the parties, by the sheriff.

Section 10 Improvement notices.

(1) If an authorised officer of an enforcement authority has reasonable grounds for believing that the proprietor of a food business is failing to comply with any regulations to which this section applies, he may, by a notice served on that proprietor (in this Act referred to as an “improvement notice”)—

(a) state the officer’s grounds for believing that the proprietor is failing to comply with the regulations;

(b) specify the matters which constitute the proprietor’s failure so to comply;

(c) specify the measures which, in the officer’s opinion, the proprietor must take in order to secure compliance; and

(d) require the proprietor to take those measures, or measures which are at least equivalent to them, within such period (not being less than 14 days) as may be specified in the notice.

(2) Any person who fails to comply with an improvement notice shall be guilty of an offence.

(3) This section and section 11 below apply to any regulations under this Part which make provision—

(a) for requiring, prohibiting or regulating the use of any process or treatment in the preparation of food; or

(b) for securing the observance of hygienic conditions and practices in connection with the carrying out of commercial operations with respect to food or food sources.

Section 11 Prohibition orders.

(1) If—

(a) the proprietor of a food business is convicted of an offence under any regulations to which this section applies; and

(b) the court by or before which he is so convicted is satisfied that the health risk condition is fulfilled with respect to that business,

the court shall by an order impose the appropriate prohibition.

(2) The health risk condition is fulfilled with respect to any food business if any of the following involves risk of injury to health, namely—

(a) the use for the purposes of the business of any process or treatment;

(b) the construction of any premises used for the purposes of the business, or the use for those purposes of any equipment; and

(c) the state or condition of any premises or equipment used for the purposes of the business.

(2A) In subsection (2) above and in sections 12(4) and 13(1) “injury” includes any impairment, whether permanent or temporary.

(3) The appropriate prohibition is—

(a) in a case falling within paragraph (a) of subsection (2) above, a prohibition on the use of the process or treatment for the purposes of the business;

(b) in a case falling within paragraph (b) of that subsection, a prohibition on the use of the premises or equipment for the purposes of the business or any other food business of the same class or description;

(c) in a case falling within paragraph (c) of that subsection, a prohibition on the use of the premises or equipment for the purposes of any food business.

(4) If—

(a) the proprietor of a food business is convicted of an offence under any regulations to which this section applies by virtue of section 10(3)(b) above; and

(b) the court by or before which he is so convicted thinks it proper to do so in all the circumstances of the case,

the court may, by an order, impose a prohibition on the proprietor participating in the management of any food business, or any food business of a class or description specified in the order.

(5) As soon as practicable after the making of an order under subsection (1) or (4) above (in this Act referred to as a “prohibition order”), the enforcement authority shall—

(a) serve a copy of the order on the proprietor of the business; and

(b) in the case of an order under subsection (1) above, affix a copy of the order in a conspicuous position on such premises used for the purposes of the business as they consider appropriate;

and any person who knowingly contravenes such an order shall be guilty of an offence.

(6) A prohibition order shall cease to have effect—

(a) in the case of an order under subsection (1) above, on the issue by the enforcement authority of a certificate to the effect that they are satisfied that the proprietor has taken sufficient measures to secure that the health risk condition is no longer fulfilled with respect to the business;

(b) in the case of an order under subsection (4) above, on the giving by the court of a direction to that effect.

(7) The enforcement authority shall issue a certificate under paragraph (a) of subsection (6) above within three days of their being satisfied as mentioned in that paragraph; and on an application by the proprietor for such a certificate, the authority shall—

(a) determine, as soon as is reasonably practicable and in any event within 14 days, whether or not they are so satisfied; and

(b) if they determine that they are not so satisfied, give notice to the proprietor of the reasons for that determination.

(8) The court shall give a direction under subsection (6)(b) above if, on an application by the proprietor, the court thinks it proper to do so having regard to all the circumstances of the case, including in particular the conduct of the proprietor since the making of the order; but no such application shall be entertained if it is made—

(a) within six months after the making of the prohibition order; or

(b) within three months after the making by the proprietor of a previous application for such a direction.

(9) Where a magistrates’ court or, in Scotland, the sheriff makes an order under section 12(2) below with respect to any food business, subsection (1) above shall apply as if the proprietor of the business had been convicted by the court or sheriff of an offence under regulations to which this section applies.

(10) Subsection (4) above shall apply in relation to a manager of a food business as it applies in relation to the proprietor of such a business; and any reference in subsection (5) or (8) above to the proprietor of the business, or to the proprietor, shall be construed accordingly.

(11) In subsection (10) above “ manager ”, in relation to a food business, means any person who is entrusted by the proprietor with the day to day running of the business, or any part of the business.

Section 12 Emergency prohibition notices and orders.

(1) If an authorised officer of an enforcement authority is satisfied that the health risk condition is fulfilled with respect to any food business, he may, by a notice served on the proprietor of the business (in this Act referred to as an “emergency prohibition notice”), impose the appropriate prohibition.

(2) If a magistrates’ court or, in Scotland, the sheriff is satisfied, on the application of such an officer, that the health risk condition is fulfilled with respect to any food business, the court or sheriff shall, by an order (in this Act referred to as an “emergency prohibition order”), impose the appropriate prohibition.

(3) Such an officer shall not apply for an emergency prohibition order unless, at least one day before the date of the application, he has served notice on the proprietor of the business of his intention to apply for the order.

(4) Subsections (2) and (3) of section 11 above shall apply for the purposes of this section as they apply for the purposes of that section, but as if the reference in subsection (2) to risk of injury to health were a reference to imminent risk of such injury.

(5) As soon as practicable after the service of an emergency prohibition notice, the enforcement authority shall affix a copy of the notice in a conspicuous position on such premises used for the purposes of the business as they consider appropriate; and any person who knowingly contravenes such a notice shall be guilty of an offence.

(6) As soon as practicable after the making of an emergency prohibition order, the enforcement authority shall—

(a) serve a copy of the order on the proprietor of the business; and

(b) affix a copy of the order in a conspicuous position on such premises used for the purposes of that business as they consider appropriate;

and any person who knowingly contravenes such an order shall be guilty of an offence.

(7) An emergency prohibition notice shall cease to have effect—

(a) if no application for an emergency prohibition order is made within the period of three days beginning with the service of the notice, at the end of that period;

(b) if such an application is so made, on the determination or abandonment of the application.

(8) An emergency prohibition notice or emergency prohibition order shall cease to have effect on the issue by the enforcement authority of a certificate to the effect that they are satisfied that the proprietor has taken sufficient measures to secure that the health risk condition is no longer fulfilled with respect to the business.

(9) The enforcement authority shall issue a certificate under subsection (8) above within three days of their being satisfied as mentioned in that subsection; and on an application by the proprietor for such a certificate, the authority shall—

(a) determine, as soon as is reasonably practicable and in any event within 14 days, whether or not they are so satisfied; and

(b) if they determine that they are not so satisfied, give notice to the proprietor of the reasons for that determination.

(10) Where an emergency prohibition notice is served on the proprietor of a business, the enforcement authority shall compensate him in respect of any loss suffered by reason of his complying with the notice unless—

(a) an application for an emergency prohibition order is made within the period of three days beginning with the service of the notice; and

(b) the court declares itself satisfied, on the hearing of the application, that the health risk condition was fulfilled with respect to the business at the time when the notice was served;

and any disputed question as to the right to or the amount of any compensation payable under this subsection shall be determined by arbitration or, in Scotland, by a single arbiter appointed, failing agreement between the parties, by the sheriff.

Section 13 Emergency control orders.

(1) If it appears to the 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.

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

(3) The Secretary of State or the Food Standards Agency may consent, either unconditionally or subject to any condition that the 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) The Secretary of State — or the Food Standards Agency

(a) may give such directions as appear to the 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 directions believes, 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 the Secretary of State or 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, that authority may recover from that person any expenses reasonably incurred by him under this section.

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

Section 14 Selling food not of the nature or substance or quality demanded.

(1) Any person who sells to the purchaser’s prejudice any food which is not of the nature or substance or quality demanded by the purchaser shall be guilty of an offence.

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

Section 15 Falsely describing or presenting food.

(1) Any person who gives with any food sold by him, or displays with any food offered or exposed by him for sale or in his possession for the purpose of sale, a label, whether or not attached to or printed on the wrapper or container, which—

(a) falsely describes the food; or

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

shall be guilty of an offence.

(2) Any person who publishes, or is a party to the publication of, an advertisement (not being such a label given or displayed by him as mentioned in subsection (1) above) which—

(a) falsely describes any food; or

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

shall be guilty of an offence.

(3) Any person who sells, or offers or exposes for sale, or has in his possession for the purpose of sale, any food the presentation of which is likely to mislead as to the nature or substance or quality of the food shall be guilty of an offence.

(4) In proceedings for an offence under subsection (1) or (2) above, 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.

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

Section 15A Meaning of “food information” etc.

In this Act—

(a) “ food information ” has the same meaning as it has in Regulation ( EU ) No. 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers;

(b) “ food information law ” means any enactment relating to food information as the Scottish Ministers may by regulations specify.

Section 15B Contravention of food information law: seizure of food etc.

(1) This section applies where it appears to an authorised officer of a food authority, on an inspection carried out under section 9 above or otherwise, that food information law is being, or has been, contravened in relation to any food intended for human consumption which is placed on the market within the meaning of Regulation ( EC ) No. 178/2002 .

(2) The authorised officer may—

(a) give notice that, until the notice is withdrawn—

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

(ii) the food, or any specified portion of it, and any related food information, or any specified part of it, is not to be removed (or is not to be removed except to some place specified in the notice); or

(b) seize the food and remove it in order to have it dealt with by the sheriff.

(3) Notice under subsection (2)(a) above is to be given to—

(a) the person in charge of the food; and

(b) the owner of the food (where not the person in charge of the food).

(4) But notice need not be given in pursuance of subsection (3)(b) above if the authorised officer, after making reasonable inquiries, does not know who owns the food.

(5) Any person who knowingly contravenes the requirements of a notice under subsection (2)(a) above commits an offence.

(6) An authorised officer who gives a notice under subsection (2)(a) above must, as soon as is reasonably practicable and in any event within 21 days, determine whether or not food information law has been contravened in relation to the food in respect of which the notice was given.

(7) After making a determination under subsection (6) above, the authorised officer must—

(a) if satisfied that food information law has not been contravened, forthwith withdraw the notice; or

(b) if not so satisfied, seize the food and remove it in order to have it dealt with by the sheriff.

(8) An authorised officer who seizes and removes food under subsection (2)(b) or (7)(b) above may also—

(a) copy, make extracts of or take away any food information relating to the food that has been seized;

(b) where any such food information is in electronic form, require the information to be produced in a legible form in which it may be copied or taken away.

(9) An authorised officer who seizes and removes food under subsection (2)(b) or (7)(b) above must inform the person in charge of the food and the owner of the food (where not the person in charge of the food) of the officer's intention to have it dealt with by the sheriff.

(10) But the owner of the food need not be informed in pursuance of subsection (9) above if the authorised officer, after making reasonable inquiries, does not know who owns the food.

(11) Any person who might be liable to a prosecution for contravening food information law in relation to any food seized and removed under subsection (2)(b) or (7)(b) above is, if the person attends before the sheriff by whom the food falls to be dealt with, entitled to be heard and to call witnesses.

(12) If it appears to the sheriff that food information law has been contravened in relation to any food seized and removed under subsection (2)(b) or (7)(b) above, the sheriff may make such order as the sheriff considers appropriate in respect of the food and any food information relating to it.

(13) An order made under subsection (12) above may, in particular, order—

(a) that the food be destroyed or otherwise disposed of so as to prevent it from being used for human consumption;

(b) that any food information relating to the food be modified, destroyed or otherwise disposed of;

(c) that any food which is fit for human consumption (and any related food information, modified as the sheriff considers appropriate) be—

(i) returned to the person who was in charge of the food; or

(ii) distributed to such other person as the sheriff may determine.

(14) An order made under subsection (12) above—

(a) must, where the owner of the food is known, require the owner to meet any expenses reasonably incurred in connection with any destruction, modification, disposal, return or distribution of any food or food information which is carried out in pursuance of the order; and

(b) may require the owner of the food to meet any expenses reasonably incurred by the food authority in connection with any action taken by the authorised officer, or otherwise by or on behalf of the authority, in respect of any food or food information to which the order relates.

(15) Subsection (16) below applies if—

(a) a notice under subsection (2)(a) above is withdrawn; or

(b) the sheriff refuses to make an order under subsection (12) above in respect of any food seized and removed under subsection (2)(b) or (7)(b) above (or any food information which relates to it).

(16) Where this subsection applies, the food authority must compensate the owner of the food for any depreciation in its value resulting from the action taken by the authorised officer.

(17) Any disputed question as to the right to or the amount of any compensation payable under subsection (16) above is to be submitted to arbitration for resolution.

(18) Until the Arbitration (Scotland) Act 2010 is in force in relation to any arbitration carried out in pursuance of subsection (17) above, that Act applies as if it were in force in relation to that arbitration.

Section 15C Duty to report non-compliance with food information law

(1) A food business operator must as soon as reasonably practicable inform Food Standards Scotland if the food business operator—

(a) is, or has been, in charge of any food which is intended for human consumption and has been placed on the market within the meaning of Regulation ( EC ) No. 178/2002 ; and

(b) considers or has reason to believe that food information law is being contravened in relation to the food.

(2) Any person who fails to comply with subsection (1) above shall be guilty of an offence.

(3) For the purposes of subsection (1)(a) above, a food business operator is to be treated as being, or having been, in charge of any food which it has—

(a) received;

(b) imported;

(c) produced;

(d) processed;

(e) manufactured;

(f) distributed; or

(g) otherwise placed on the market within the meaning of Regulation ( EC ) No. 178/2002 .

(4) For the purposes of this Act, “ food business operator ” is to be construed in accordance with Article 3 of Regulation ( EC ) No 178/2002 .

Section 15D Power to obtain information

(1) This section applies where a food business operator has informed Food Standards Scotland under section 15C(1) above.

(2) The food business operator must as soon as reasonably practicable provide any further information which is reasonably required by Food Standards Scotland which relates to—

(a) the food (and any food information relating to it);

(b) the circumstances which led the food business operator to inform Food Standards Scotland under section 15C(1) above.

(3) Any person who fails to comply with a requirement under subsection (2) above shall be guilty of an offence.

Section 16 Food safety and consumer protection.

(1) the Secretary of State may by regulations make—

(a) provision for requiring, prohibiting or regulating the presence in food or food sources of any specified substance, or any substance of any specified class, and generally for regulating the composition of food;

(b) provision for securing that food is fit for human consumption and meets such microbiological standards (whether going to the fitness of the food or otherwise) as may be specified by or under the regulations;

(c) provision for requiring, prohibiting or regulating the use of any process or treatment in the preparation of food;

(d) provision for securing the observance of hygienic conditions and practices in connection with the carrying out of commercial operations with respect to food or food sources;

(da) provision for a food hygiene information scheme;

(e) provision for imposing requirements or prohibitions as to, or otherwise regulating, the labelling, marking, presenting or advertising of food, and the descriptions which may be applied to food; and

(f) such other provision with respect to food or food sources, including in particular provision for prohibiting or regulating the carrying out of commercial operations with respect to food or food sources, as appears to them to be necessary or expedient—

(i) for the purpose of securing that food complies with food safety requirements or in the interests of the public health; or

(ii) for the purpose of protecting or promoting the interests of consumers.

(2) the Secretary of State may also by regulations make provision—

(a) for securing the observance of hygienic conditions and practices in connection with the carrying out of commercial operations with respect to contact materials which are intended to come into contact with food intended for human consumption;

(b) for imposing requirements or prohibitions as to, or otherwise regulating, the labelling, marking or advertising of such materials, and the descriptions which may be applied to them; and

(c) otherwise for prohibiting or regulating the carrying out of commercial operations with respect to such materials.

(3) Without prejudice to the generality of subsection (1) above, regulations under that subsection may make any such provision as is mentioned in Schedule 1 to this Act.

(3A) Regulations under subsection (1)(e) may amend Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers.

(3B) The inclusion in that Regulation of savings in respect of the power to make regulations under this Act of a particular kind is not to be taken as in any way limiting the generality of the provision that may be made by virtue of subsections (1)(e) and (3A).

(4) In making regulations under subsection (1) above, the Secretary of State 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.

(5) In subsection (1) above and Schedule 1 to this Act, unless the context otherwise requires—

(a) references to food shall be construed as references to food intended for sale for human consumption; and

(b) references to food sources shall be construed as references to food sources from which such food is intended to be derived.

Section 17 Enforcement of EU assimilated provisions.

(1) the Secretary of State may by regulations make such provision with respect to food, food sources or contact materials, including in particular provision for prohibiting or regulating the carrying out of commercial operations with respect to food, food sources or contact materials, as appears to him to be called for by any EU assimilated obligation.

(2) As respects any directly applicable EU provision provisions of assimilated direct legislation which relates to food, food sources or contact materials and for which, in his opinion, it is appropriate to provide under this Act, the Secretary of State may by regulations—

(a) make such provision as he considers necessary or expedient for the purpose of securing that the EU assimilated provision is administered, executed and enforced under this Act; and

(b) apply such of the provisions of this Act as may be specified in the regulations in relation to the EU assimilated provision with such modifications, if any, as may be so specified.

(3) In subsections (1) and (2) above references to food or food sources shall be construed in accordance with section 16(5) above.

Section 18 Special provisions for particular foods etc.

(1) the Secretary of State may by regulations make provision—

(a) for prohibiting the carrying out of commercial operations with respect to novel foods, or food sources from which such foods are intended to be derived, of any class specified in the regulations;

(b) for prohibiting the carrying out of such operations with respect to genetically modified food sources, or foods derived from such food sources, of any class so specified; or

(c) for prohibiting the importation of any food of a class so specified,

and (in each case) for excluding from the prohibition any food or food source which is of a description specified by or under the regulations and, in the case of a prohibition on importation, is imported at an authorised place of entry.

(2) The Secretary of State may also by regulations—

(a) prescribe, in relation to milk of any description, such a designation (in this subsection referred to as a “special designation”) as the Secretary of State considers appropriate;

(b) provide for the issue by enforcement authorities of licences to producers and sellers of milk authorising the use of a special designation; and

(c) prohibit, without the use of a special designation, all sales of milk for human consumption, other than sales made with the Secretary of State’s .

(3) In this section—

“ authorised place of entry ” means any port, aerodrome or other place of entry authorised by or under the regulations and, in relation to food in a particular consignment, includes any place of entry so authorised for the importation of that consignment;

“ description ”, in relation to food, includes any description of its origin or of the manner in which it is packed;

“ novel food ” means any food which has not previously been used for human consumption in Great Britain, or has been so used only to a very limited extent.

(4) For the purposes of this section a food source is genetically modified if any of the genes or other genetic material in the food source—

(a) has been modified by means of an artificial technique; or

(b) is inherited or otherwise derived, through any number of replications, from genetic material which was so modified;

and in this subsection “ artificial technique ” does not include any technique which involves no more than, or no more than the assistance of, naturally occurring processes of reproduction (including selective breeding techniques or in vitro fertilisation).

Section 19 Registration and licensing of food premises.

(1) the Secretary of State may by regulations make provision—

(a) for the registration by enforcement authorities of premises used or proposed to be used for the purposes of a food business, and for prohibiting the use for those purposes of any premises which are not registered in accordance with the regulations; or

(b) subject to subsection (2) below, for the issue by such authorities of licences in respect of the use of premises for the purposes of a food business, and for prohibiting the use for those purposes of any premises except in accordance with a licence issued under the regulations.

(2) the Secretary of State shall exercise the power conferred by subsection (1)(b) above only where it appears to him to be necessary or expedient to do so—

(a) for the purpose of securing that food complies with food safety requirements or in the interests of the public health; or

(b) for the purpose of protecting or promoting the interests of consumers.

Section 20 Offences due to fault of another person.

Where the commission by any person of an offence under any of the preceding provisions of this Part is due to an act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this section whether or not proceedings are taken against the first-mentioned person.

Section 21 Defence of due diligence.

(1) In any proceedings for an offence under any of the preceding provisions of this Part (in this section referred to as “ the relevant provision ”), it shall, subject to subsection (5) below, be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.

(2) Without prejudice to the generality of subsection (1) above, a person charged with an offence under section 14 or 15 above who neither—

(a) prepared the food in respect of which the offence is alleged to have been committed; nor

(b) imported it into Great Britain,

shall be taken to have established the defence provided by that subsection if he satisfies the requirements of subsection (3) or (4) below.

(3) A person satisfies the requirements of this subsection if he proves—

(a) that the commission of the offence was due to an act or default of another person who was not under his control, or to reliance on information supplied by such a person;

(b) that he carried out all such checks of the food in question as were reasonable in all the circumstances, or that it was reasonable in all the circumstances for him to rely on checks carried out by the person who supplied the food to him; and

(c) that he did not know and had no reason to suspect at the time of the commission of the alleged offence that his act or omission would amount to an offence under the relevant provision.

(4) A person satisfies the requirements of this subsection if he proves—

(a) that the commission of the offence was due to an act or default of another person who was not under his control, or to reliance on information supplied by such a person;

(b) that the sale or intended sale of which the alleged offence consisted was not a sale or intended sale under his name or mark; and

(c) that he did not know, and could not reasonably have been expected to know, at the time of the commission of the alleged offence that his act or omission would amount to an offence under the relevant provision.

(5) If in any case the defence provided by subsection (1) above involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless—

(a) at least seven clear days before the hearing; and

(b) where he has previously appeared before a court in connection with the alleged offence, within one month of his first such appearance,

he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.

(6) In subsection (5) above any reference to appearing before a court shall be construed as including a reference to being brought before a court.

Section 22 Defence of publication in the course of business.

In proceedings for an offence under any of the preceding provisions of this Part consisting of the advertisement for sale of any food, it shall be a defence for the person charged to prove—

(a) that he is a person whose business it is to publish or arrange for the publication of advertisements; and

(b) that he received the advertisement in the ordinary course of business and did not know and had no reason to suspect that its publication would amount to an offence under that provision.

Section 23 Provision of food hygiene training.

(1) A food authority may provide, whether within or outside their area, training courses in food hygiene for persons who are or intend to become involved in food businesses, whether as proprietors or employees or otherwise.

(2) A food authority may contribute towards the expenses incurred under this section by any other such authority, or towards expenses incurred by any other person in providing, such courses as are mentioned in subsection (1) above.

Section 24 Provision of facilities for cleansing shellfish.

(1) A food authority may provide, whether within or outside their area, tanks or other apparatus for cleansing shellfish.

(2) A food authority may contribute towards the expenses incurred under this section by any other such authority, or towards expenses incurred by any other person in providing, and making available to the public, tanks or other apparatus for cleansing shellfish.

(3) 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.

(4) In this section “ cleansing ”, in relation to shellfish, includes subjecting them to any germicidal treatment.

Section 26 Regulations and orders: supplementary provisions.

(1) Regulations under this Part may—

(a) make provision for prohibiting or regulating the carrying out of commercial operations with respect to any food, food source or contact material—

(i) which fails to comply with the regulations; or

(ii) 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 Great Britain; and

(b) without prejudice to the generality of section 9 above, provide that any food which, in accordance with the regulations, is certified as being such food as is mentioned in paragraph (a) above may be treated for the purposes of that section as failing to comply with food safety requirements.

(2) Regulations under this Part may also—

(a) require persons carrying on any activity to which the regulations apply to keep and produce records and provide returns;

(b) prescribe the particulars to be entered on any register required to be kept in accordance with the regulations;

(c) require any such register to be open to inspection by the public at all reasonable times and, subject to that, authorise it to be kept by means of a computer;

(d) prescribe the periods for which and the conditions subject to which licences may be issued, and provide for the subsequent alteration of conditions and for the cancellation, suspension or revocation of licences;

(e) provide for an appeal to a magistrates’ court or, in Scotland, to the sheriff, or to a tribunal constituted in accordance with the regulations, against any decision of an enforcement authority, or of an authorised officer of such an authority; and

(f) provide, as respects any appeal to such a tribunal, for the procedure on the appeal (including costs) and for any appeal against the tribunal’s decision.

(3) Regulations under this Part . . . may—

(a) provide that an offence under the regulations . . . shall be triable in such way as may be there specified; and

(b) include provisions under which a person guilty of such an offence shall be liable to such penalties (not exceeding those which may be imposed in respect of offences under this Act) as may be specified in the regulations . . ..

Section 27 Appointment of public analysts.

(1) Every authority to whom this section applies, that is to say, every food authority in England and Wales and every council constituted under section 2 of the Local Government etc. (Scotland) Act in 1994 in Scotland, shall appoint in accordance with this section one or more persons (in this Act referred to as “ public analysts ”) to act as analysts for the purposes of this Act within the authority’s area.

(2) No person shall be appointed as a public analyst unless he possesses—

(a) such qualifications as may be prescribed by regulations made by the Ministers; or

(b) such other qualifications as the Secretary of State may approve,

and no person shall act as a public analyst for any area who is engaged directly or indirectly in any food business which is carried on in that area.

(3) An authority to whom this section applies shall pay to a public analyst such remuneration as may be agreed, which may be expressed to be payable either—

(a) in addition to any fees received by him under this Part; or

(b) on condition that any fees so received by him are paid over by him to the authority.

(4) An authority to whom this section applies who appoint only one public analyst may appoint also a deputy to act during any vacancy in the office of public analyst, or during the absence or incapacity of the holder of the office, and—

(a) the provisions of this section with respect to the qualifications, appointment, removal and remuneration of a public analyst shall apply also in relation to a deputy public analyst; and

(b) any reference in the following provisions of this Act to a public analyst shall be construed as including a reference to a deputy public analyst appointed under this subsection.

(5) In subsection (1) above “ food authority ” does not include the council of a non-metropolitan district in England (except where the county functions have been transferred to that council ...) , the Sub-Treasurer of the Inner Temple or the Under Treasurer of the Middle Temple; and in subsection (2) above the reference to being engaged directly or indirectly in a food business includes a reference to having made such arrangements with a food business as may be prescribed by regulations made by the Secretary of State .

Section 28 Provision of facilities for examinations.

(1) A food authority, or a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in Scotland, may provide facilities for examinations for the purposes of this Act.

(2) In this Act “ examination ” means a microbiological examination and “ examine ” shall be construed accordingly.

Section 29 Procurement of samples.

An authorised officer of an enforcement authority may—

(a) purchase a sample of any food, or any substance capable of being used in the preparation of food;

(b) take a sample of any food, or any such substance, which—

(i) appears to him to be intended for sale, or to have been sold, for human consumption; or

(ii) is found by him on or in any premises which he is authorised to enter by or under section 32 below;

(c) take a sample from any food source, or a sample of any contact material, which is found by him on or in any such premises;

(d) take a sample of any article or substance which is found by him on or in any such premises and which he has reason to believe may be required as evidence in proceedings under any of the provisions of this Act or of regulations or orders made under it.

Section 30 Analysis etc. of samples.

(1) An authorised officer of an enforcement authority who has procured a sample under section 29 above shall—

(a) if he considers that the sample should be analysed, submit it to be analysed either—

(i) by the public analyst for the area in which the sample was procured; or

(ii) by the public analyst for the area which consists of or includes the area of the authority;

(b) if he considers that the sample should be examined, submit it to be examined by a food examiner.

(2) A person, other than such an officer, who has purchased any food, or any substance capable of being used in the preparation of food, may submit a sample of it—

(a) to be analysed by the public analyst for the area in which the purchase was made; or

(b) to be examined by a food examiner.

(3) If, in any case where a sample is proposed to be submitted for analysis under this section, the office of public analyst for the area in question is vacant, the sample shall be submitted to the public analyst for some other area.

(4) If, in any case where a sample is proposed to be or is submitted for analysis or examination under this section, the food analyst or examiner determines that he is for any reason unable to perform the analysis or examination, the sample shall be submitted or, as the case may be, sent by him to such other food analyst or examiner as he may determine.

(5) A food analyst or examiner shall analyse or examine as soon as practicable any sample submitted or sent to him under this section, but may, except where—

(a) he is the public analyst for the area in question; and

(b) the sample is submitted to him for analysis by an authorised officer of an enforcement authority,

demand in advance the payment of such reasonable fee as he may require.

(6) A food analyst or examiner who has analysed or examined a sample shall give to the person by whom it was submitted a certificate specifying the result of the analysis or examination.

(7) Any certificate given by a food analyst or examiner under subsection (6) above shall be signed by him, but the analysis or examination may be made by any person acting under his direction.

(8) In any proceedings under this Act, the production by one of the parties—

(a) of a document purporting to be a certificate given by a food analyst or examiner under subsection (6) above; or

(b) of a document supplied to him by the other party as being a copy of such a certificate,

shall be sufficient evidence of the facts stated in it unless, in a case falling within paragraph (a) above, the other party requires that the food analyst or examiner shall be called as a witness.

(9) In this section—

“ food analyst ” means a public analyst or any other person who possesses the requisite qualifications to carry out analyses for the purposes of this Act;

“ food examiner ” means any person who possesses the requisite qualifications to carry out examinations for the purposes of this Act;

“ the requisite qualifications ” means such qualifications as may be prescribed by regulations made by the Secretary of State , or such other qualifications as the Secretary of State may approve;

“ sample ”, in relation to an authorised officer of an enforcement authority, includes any part of a sample retained by him in pursuance of regulations under section 31 below;

and where two or more public analysts are appointed for any area, any reference in this section to the public analyst for that area shall be construed as a reference to either or any of them.

Section 31 Regulation of sampling and analysis etc.

(1) The Secretary of State may by regulations make provision for supplementing or modifying the provisions of sections 29 and 30 above.

(2) Without prejudice to the generality of subsection (1) above, regulations under that subsection may make provision with respect to—

(a) the matters to be taken into account in determining whether, and at what times, samples should be procured;

(b) the manner of procuring samples, including the steps to be taken in order to ensure that any samples procured are fair samples;

(c) the method of dealing with samples, including (where appropriate) their division into parts;

(d) the persons to whom parts of samples are to be given and the persons by whom such parts are to be retained;

(e) the notices which are to be given to, and the information which is to be furnished by, the persons in charge of any food, substance, contact material or food source of or from which samples are procured;

(f) the methods which are to be used in analysing or examining samples, or parts of samples, or in classifying the results of analyses or examinations;

(g) the circumstances in which a food analyst or examiner is to be precluded, by reason of a conflict of interest, from analysing or examining a particular sample or part of a sample; and

(h) the circumstances in which samples, or parts of samples, are to be or may be submitted for analysis or examination—

(i) to the Government Chemist, or to such other food analyst or examiner as he may direct; or

(ii) to a person determined by or under the regulations.

(3) In this section “ food analyst ” and “ food examiner ” have the same meanings as in section 30 above.

Section 32 Powers of entry.

(1) An authorised officer of an enforcement authority shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours—

(a) to enter any premises within the authority’s area for the purpose of ascertaining whether there is or has been on the premises any contravention of the provisions of this Act, or of regulations or orders made under it; and

(b) to enter any business premises, whether within or outside the authority’s area, for the purpose of ascertaining whether there is on the premises any evidence of any contravention within that area of any of such provisions; and

(c) in the case of an authorised officer of a food authority, to enter any premises for the purpose of the performance by the authority of their functions under this Act;

but admission to any premises used only as a private dwelling-house shall not be demanded as of right unless 24 hours’ notice of the intended entry has been given to the occupier.

(2) If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry into any premises for any such purpose as is mentioned in subsection (1) above and either—

(a) that admission to the premises has been refused, or a refusal is apprehended, and that notice of the intention to apply for a warrant has been given to the occupier; or

(b) that an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent,

the justice may by warrant signed by him authorise the authorised officer to enter the premises, if need be by reasonable force.

(3) Every warrant granted under this section shall continue in force for a period of one month.

(4) An authorised officer entering any premises by virtue of this section, or of a warrant issued under it, may take with him such other persons as he considers necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectively secured against unauthorised entry as he found them.

(5) An authorised officer entering premises by virtue of this section, or of a warrant issued under it, may inspect any records (in whatever form they are held) relating to a food business and, where any such records are stored in any electronic form —

(a) may have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and

(b) may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require.

(6) Any officer exercising any power conferred by subsection (5) above may—

(a) seize and detain any records which he has reason to believe may be required as evidence in proceedings under any of the provisions of this Act or of regulations or orders made under it; and

(b) where the records are stored in any electronic form , may require the records to be produced in a form in which they may be taken away.

(7) If any person who enters any premises by virtue of this section, or of a warrant issued under it, discloses to any person any information obtained by him in the premises with regard to any trade secret, he shall, unless the disclosure was made in the performance of his duty, be guilty of an offence.

(8) Nothing in this section authorises any person, except with the permission of the local authority under the Animal Health Act 1981, to enter any premises—

(a) in which an animal or bird affected with any disease to which that Act applies is kept; and

(b) which is situated in a place declared under that Act to be infected with such a disease.

(9) In the application of this section to Scotland, any reference to a justice of the peace includes a reference to the sheriff and to a magistrate.

Section 33 Obstruction etc. of officers.

(1) Any person who—

(a) intentionally obstructs any person acting in the execution of this Act; or

(b) without reasonable cause, fails to give to any person acting in the execution of this Act any assistance or information which that person may reasonably require of him for the performance of his functions under this Act,

shall be guilty of an offence.

(2) Any person who, in purported compliance with section 15C(1) above or any such requirement as is mentioned in subsection (1)(b) above—

(a) furnishes information which he knows to be false or misleading in a material particular; or

(b) recklessly furnishes information which is false or misleading in a material particular,

shall be guilty of an offence.

(3) Nothing in subsection (1)(b) , section 15C(1) or section 15D(2) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.

Section 34 Time limit for prosecutions.

No prosecution for an offence under this Act which is punishable under section 35(2) section 35(A1), (A2) or (2) below shall be begun after the expiry of—

(a) three years from the commission of the offence; or

(b) one year from its discovery by the prosecutor,

whichever is the earlier.

Section 35 Punishment of offences.

(A1) A person guilty of an offence under section 15B(5) above shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(A2) A person guilty of an offence under section 15C(2) or 15D(3) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(1) A person guilty of an offence under section 33(1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.

(1A) A person guilty of an offence under section 33(2), in so far as it relates to section 15C(1) or 15D(2), shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) A person guilty of any other offence under this Act shall be liable—

(a) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both;

(b) on summary conviction, to a fine not exceeding the relevant amount a fine or to imprisonment for a term not exceeding six months or to both.

(3) In subsection (2) above “ the relevant amount ” means—

(a) in the case of an offence under section 7 or 14 above, £20,000;

(b) in any other case, the statutory maximum.

(4) If a person who is—

(a) licensed under section 1 of the Slaughterhouses Act 1974 to keep a . . . knacker’s yard;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) licensed under section 6 of the Slaughter of Animals (Scotland) Act 1980 to use any premises as a knacker’s yard,

is convicted of an offence under Part II of this Act, the court may, in addition to any other punishment, cancel his licence or registration.

Section 36 Offences by bodies corporate.

(1) Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) any director, manager, secretary or other similar officer of the body corporate; or

(b) any person who was purporting to act in any such capacity,

he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2) In subsection (1) above “ director ”, in relation to any body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.

Section 36A Offences by Scottish partnerships.

Where an offence under this Act which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he, as well as the partnership shall be deemed to be guilty of that offence and liable to be proceeded against and punished accordingly.

Section 37 Appeals to magistrates’ court or sheriff.

(1) Any person who is aggrieved by—

(a) a decision of an authorised officer of an enforcement authority to serve an improvement notice;

(b) a decision of an enforcement authority to refuse to issue such a certificate as is mentioned in section 11(6) or 12(8) above; or

(c) subject to subsection (2) below, a decision of such an authority to refuse, cancel, suspend or revoke a licence required by regulations under Part II of this Act,

may appeal to a magistrates’ court or, in Scotland, to the sheriff.

(2) Subsection (1)(c) above shall not apply in relation to any decision as respects which regulations under Part II of this Act provide for an appeal to a tribunal constituted in accordance with the regulations.

(3) The procedure on an appeal to a magistrates’ court under subsection (1) above, or an appeal to such a court for which provision is made by regulations under Part II of this Act, shall be by way of complaint for an order, and the Magistrates’ Courts Act 1980 shall apply to the proceedings.

(4) An appeal to the sheriff under subsection (1) above, or an appeal to the sheriff for which provision is made by regulations under Part II of this Act, shall be by summary application.

(5) The period within which such an appeal as is mentioned in subsection (3) or (4) above may be brought shall be—

(a) one month from the date on which notice of the decision was served on the person desiring to appeal; or

(b) in the case of an appeal under subsection (1)(a) above, that period or the period specified in the improvement notice, whichever ends the earlier;

and, in the case of such an appeal as is mentioned in subsection (3) above, the making of the complaint shall be deemed for the purposes of this subsection to be the bringing of the appeal.

(6) In any case where such an appeal as is mentioned in subsection (3) or (4) above lies, the document notifying the decision to the person concerned shall state—

(a) the right of appeal to a magistrates’ court or to the sheriff; and

(b) the period within which such an appeal may be brought.

Section 38 Appeals to Crown Court.

A person who is aggrieved by—

(a) any dismissal by a magistrates’ court of such an appeal as is mentioned in section 37(3) above; or

(b) any decision of such a court to make a prohibition order or an emergency prohibition order, or to exercise the power conferred by section 35(4) above,

may appeal to the Crown Court.

Section 39 Appeals against improvement notices.

(1) On an appeal against an improvement notice, the court may either cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the court may in the circumstances think fit.

(2) Where, apart from this subsection, any period specified in an improvement notice would include any day on which an appeal against that notice is pending, that day shall be excluded from that period.

(3) An appeal shall be regarded as pending for the purposes of subsection (2) above until it is finally disposed of, is withdrawn or is struck out for want of prosecution.

Section 40 Power to issue codes of practice.

(1) For the guidance of food authorities, the Secretary of State may issue codes of recommended practice as regards the execution and enforcement of this Act and of regulations and orders made under it; and any such code shall be laid before Parliament or in the case of a code which applies only to Scotland, before the Scottish Parliament after being issued.

(1A) The Food Standards Agency may, after consulting the Secretary of State, give a food authority a direction requiring them to take any specified steps in order to comply with a code under this section.

(2) In the exercise of the functions conferred on them by or under this Act, every food authority—

(a) shall have regard to any relevant provision of any such code; and

(b) shall comply with any direction which is given under this section and requires them to take any specified steps in order to comply with such a code.

(3) Any direction under subsection (1A) above shall, on the application of the Food Standards Agency , be enforceable by mandamus or, in Scotland, by an order of the Court of Session under section 45 of the Court of Session Act 1988.

(3A) The Food Standards Agency shall consult the Secretary of State before making an application under subsection (3) above.

(4) Before issuing any code under this section, the Secretary of State shall

(a) subject to subsection (4B) below, consult with such organisations as appear to . . . him to be representative of interests likely to be substantially affected by the code ; and.

(b) have regard to any relevant advice given by the Food Standards Agency

(4A) If it appears to the Secretary of State that the Food Standards Agency has undertaken any consultation with an organisation that he is required to consult under subsection (4) above, the Secretary of State may treat that consultation as being as effective for the purposes of that subsection as if undertaken by him.

(4B) Subsection (4)(a) above shall not apply in any case in which consultation is required by Article 9 of Regulation ( EC ) No. 178/2002 .

(5) Any consultation undertaken before the commencement of subsection (4) above shall be as effective, for the purposes of that subsection, as if undertaken after that commencement.

(6) In the application of this section to Scotland, the references to the Food Standards Agency are to be read as references to Food Standards Scotland.

Section 41 Power to require returns.

(1) Every food authority shall send to the Secretary of State or to the Food Standards Agency such reports and returns, and give him or it such information, with respect to the exercise of the functions conferred on them by or under this Act as he or it may require.

(2) In the application of this section to Scotland, the references to the Food Standards Agency are to be read as references to Food Standards Scotland.

Section 42 Default powers.

(1) Where the Secretary of State is satisfied that—

(a) a food authority (in this section referred to as “ the authority in default ”) have failed to discharge any duty imposed by or under this Act; and

(b) the authority’s failure affects the general interests of consumers of food,

he may by order empower another food authority or the Food Standards Agency (in this section referred to as “ the substitute authority ”), or a person (whether or not an officer of his) who is authorised by him in writing to do so , to discharge that duty in place of the authority in default but if regulations made by the Ministers so provide, no person shall be so authorised unless he has such qualifications as may be prescribed by the regulations. .

(1A) In the application of subsection (1) to Scotland, the reference to the Food Standards Agency is to be read as a reference to Food Standards Scotland.

(2) For the purpose of determining whether the power conferred by subsection (1) above is exercisable, the Minister may cause a local inquiry to be held; and where he does so, the relevant provisions of the Local Government Act shall apply as if the inquiry were a local inquiry held under that Act.

(3) Nothing in subsection (1) above affects any other power exercisable by the Minister with respect to defaults of local authorities.

(4) The substitute authority or the Secretary of State may recover from the authority in default any expenses reasonably incurred by them or him under subsection (1) above; and for the purpose of paying any such amount the authority in default may—

(a) raise money as if the expenses had been incurred directly by them as a local authority; and

(b) if and to the extent that they are authorised to do so by the Minister, borrow money in accordance with the statutory provisions relating to borrowing by a local authority.

(5) In this section “ the relevant provisions of the Local Government Act ” means subsections (2) to (5) of section 250 of the Local Government Act 1972 in relation to England and Wales and subsections (3) to (8) of section 210 of the Local Government (Scotland) Act 1973 in relation to Scotland.

Section 43 Continuance of registration or licence on death.

(1) This section shall have effect on the death of any person who—

(a) is registered in respect of any premises in accordance with regulations made under Part II of this Act; or

(b) holds a licence issued in accordance with regulations so made.

(2) The registration or licence shall subsist for the benefit of the deceased’s personal representative, or widow or widower or surviving civil partner or any other member of the deceased’s family, until the end of—

(a) the period of three months beginning with the deceased’s death ; or

(b) such longer period as the enforcement authority may allow.

Section 44 Protection of officers acting in good faith.

(1) An officer of a food authority is not personally liable in respect of any act done by him—

(a) in the execution or purported execution of this Act; and

(b) within the scope of his employment,

if he did that act in the honest belief that his duty under this Act required or entitled him to do it.

(2) Nothing in subsection (1) above shall be construed as relieving any food authority from any liability in respect of the acts of their officers.

(3) Where an action has been brought against an officer of a food authority in respect of an act done by him—

(a) in the execution or purported execution of this Act; but

(b) outside the scope of his employment,

the authority may indemnify him against the whole or a part of any damages which he has been ordered to pay or any costs which he may have incurred if they are satisfied that he honestly believed that the act complained of was within the scope of his employment.

(4) A public analyst appointed by a food authority shall be treated for the purposes of this section as being an officer of the authority, whether or not his appointment is a whole-time appointment.

Section 45 Regulations as to charges.

(1) the Secretary of State may make regulations requiring or authorising charges to be imposed by enforcement authorities in respect of things done or to be done by them which they are required or authorised to do by or under this Act.

(2) Regulations under this section may include such provision as the Secretary of State see fit as regards charges for which the regulations provide and the recovery of such charges; and nothing in the following provisions shall prejudice this.

(3) Regulations under this section may provide that the amount of a charge (if imposed) is to be at the enforcement authority’s discretion or to be at its discretion subject to a maximum or a minimum.

(4) Regulations under this section providing that a charge may not exceed a maximum amount, or be less than a minimum amount, may—

(a) provide for one amount, or a scale of amounts to cover different prescribed cases; and

(b) prescribe, as regards any amount, a sum or a method of calculating the amount.

Section 46 Expenses of authorised officers and county councils.

(1) Any expenses which are incurred under this Act by an authorised officer of a food authority in procuring samples, and causing samples to be analysed or examined, shall be defrayed by that authority.

(2) Any expenses incurred by a county council in the enforcement and execution of any provision of this Act, or of any regulations or orders made under it, shall, if the Secretary of State so directs, be defrayed as expenses for special county purposes charged on such part of the county as may be specified in the direction.