Download A Guide to the Food Safety Act 1990 by A. A. Painter PDF

By A. A. Painter

ISBN-10: 0406327327

ISBN-13: 9780406327321

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This section provides for the first of a series of new powers conferred on enforcement authorities, the courts, and the Ministers to issue notices and orders to prevent and control risks to health arising from food, equipment used for the manufacture and sale of food and food premises. This section, which was controversial and much amended during its Parliamentary passage, empowers an authorised officer of an enforcement authority to issue an improvement notice where he has reasonable grounds for believing that the proprietor of a food business is failing to comply with certain regulations.

Condemn. Condemnation of food in accordance with sub-s (6) must precede an order that the food be destroyed or disposed of and for payment of expenses. The condemnation must be a positive act by the Justice of the Peace based on the weight put upon such evidence as he considers appropriate in the circumstances. Expenses reasonably incurred. The similar provisions of s 9 of the Food Act 1984 occasionally gave rise to difficulties in areas where there were no facilities for the destruction of food and it was necessary for the condemned food to be transported a considerable distance.

31 Food Safety Act 1990 s 10 Grounds for believing. This phrase approximates to the more usual Reasonable cause to believe' which has received some judicial interpretation. InRv Banks [1916] 2 KB 621; R v Harrison [1938] 3 All ER 134; and Nakkuda AH vjayaratine [1951] AC 66, PC it was held, inter aha, that the words 'reasonable cause to believe' require not only that the person in question had reasonable cause to believe but also that he did actually believe. In the Scottish case of Readers Digest Association Ltd v Pirie (1973) SLT 170, the High Court of Judiciary gave judgment in a case brought under the UnsoHcited Goods and Services Act 1971, s 2(1).

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