Food Safety Act 1990 (Version in vigour from 2022-10-01 to )

Consolidated Text

As Enacted

Cited authorities 165

Cited in

Currency	No known outstanding effects
Coming into Force	01 October 2022

Contenidos

Food Safety Act 1990
Part I: PRELIMINARY

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

2: Extended meaning of “sale” etc.

3: Presumptions that food intended for human consumption.

4: Ministers having functions under Act.
5: Food authorities and authorised officers.

6: Enforcement of Act.

Part II: MAIN PROVISIONS

Food safety

7: Rendering food injurious to health.
8: Selling food not complying with food safety requirements.
9: Inspection and seizure of suspected food.
10: Improvement notices.
11: Prohibition orders.
12: Emergency prohibition notices and orders.
13: Emergency control orders.

Consumer protection

14: Selling food not of the nature or substance or quality demanded.
15: Falsely describing or presenting food.

Food information

15A: Meaning of “food information” etc.: In this Act—
15B: Contravention of food information law: seizure of food etc.
15C: Duty to report non-compliance with food information law
15D: Power to obtain information

Regulations

16: Food safety and consumer protection.
17: Enforcement of EU provisions.
18: Special provisions for particular foods etc.
19: Registration and licensing of food premises.

Defences etc.

20: Offences due to fault of another person.
21: Defence of due diligence.
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—

Miscellaneous and supplemental

23: Provision of food hygiene training.
24: Provision of facilities for cleansing shellfish.
25: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26: Regulations and orders: supplementary provisions.

Part III: ADMINISTRATION AND ENFORCEMENT

Administration

27: Appointment of public analysts.
28: Provision of facilities for examinations.

Sampling and analysis etc.

29: Procurement of samples.: An authorised officer of an enforcement authority may—
30: Analysis etc. of samples.
31: Regulation of sampling and analysis etc.

Powers of entry and obstruction etc.

32: Powers of entry.
33: Obstruction etc. of officers.

Offences

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—
35: Punishment of offences.
36: Offences by bodies corporate.
36A: Offences by Scottish partnerships.

Appeals

37: Appeals to magistrates’ court or sheriff.
38: Appeals to Crown Court.: A person who is aggrieved by—
39: Appeals against improvement notices.

Part IV: MISCELLANEOUS AND SUPPLEMENTAL

Powers of Ministers

40: Power to issue codes of practice.
41: Power to require returns.
42: Default powers.

Protective provisions

43: Continuance of registration or licence on death.
44: Protection of officers acting in good faith.

Financial provisions

45: Regulations as to charges.
46: Expenses of authorised officers and county councils.
47: Remuneration of tribunal chairmen.

Instruments and documents

48: Regulations and orders.
49: Form and authentication of documents.
50: Service of documents.

Amendments of other Acts

51: Contamination of food: emergency orders.
52: Markets, sugar beet and cold storage.: In the Food Act 1984 (in this Act referred to as “the 1984 Act”)—

Supplemental

53: General interpretation.
54: Application to Crown.
55: Water supply: England and Wales.: Nothing in Part 2 of this Act or any regulations or order made under that Part shall apply in relation to the supply of water to any premises, whether—
56: Water supply: Scotland.
57: Scilly Isles and Channel Islands.
58: Territorial waters and the continental shelf.
59: Amendments, transitional provisions, savings and repeals.
60: Short title, commencement and extent.

SCHEDULES

SCHEDULE 1 Section 16(3).
Provisions of Regulations under Section 16(1)

Composition of food
Fitness etc. of food
Processing and treatment of food
Food hygiene
Production of food sources
Inspection etc. of food sources

SCHEDULE 2 Section 52.
Amendments of Parts III and V of 1984 Act

Amendments of Part III
Amendments of Part V

SCHEDULE 3 Section 59(1).
Minor and Consequential Amendments

The Public Health Act 1936 (c. 49)
The London Government Act 1963 (c. 33)
The Agriculture Act 1967 (c. 22)
The Farm and Garden Chemicals Act 1967 (c. 50)
The Trade Descriptions Act 1968 (c. 29)
The Medicines Act 1968 (c. 67)
The Transport Act 1968 (c. 73)
The Tribunals and Inquiries Act 1971 (c. 62)
The Agriculture (Miscellaneous Provisions) Act 1972 (c. 62)
The Poisons Act 1972 (c. 66)
The Local Government Act 1972 (c. 70)
The Slaughterhouses Act 1974 (c. 3)
The Licensing (Scotland) Act 1976 (c. 66)
The Weights and Measures &c. Act 1976 (c. 77)
The Hydrocarbon Oil Duties Act 1979 (c. 5)
The Slaughter of Animals (Scotland) Act 1980 (c. 13)
The Civic Government (Scotland) Act 1982 (c. 45)
The Public Health (Control of Disease) Act 1984 (c. 22)
The Food and Environment Protection Act 1985 (c. 48)
The Local Government Act 1985 (c. 51)
The Weights and Measures Act 1985 (c. 72)
The Agriculture Act 1986 (c. 49)
The National Health Service (Amendment) Act 1986 (c. 66)
The Consumer Protection Act 1987 (c. 43)
The Road Traffic Offenders Act 1988 (c. 53)

SCHEDULE 4 Section 59(3).
Transitional Provisions and Savings

Ships and aircraft
Regulations under the 1984 Act
Regulations under the 1956 Act
Other regulations
Orders with respect to milk in Scotland
Disqualification orders
Food hygiene byelaws
Closure orders

SCHEDULE 5 Section 59(4).
Repeals

Food Safety Act 1990

1990 c. 16

An Act to make new provision in place of the Food Act 1984 (except Parts III and V), the Food and Drugs (Scotland) Act 1956 and certain other enactments relating to food; to...

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Food Safety Act 1990 (Version in vigour from 2022-10-01 to )

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