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You are here: BAILII >> Databases >> Northern Irish Legislation >> FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 |
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Provisions as to suspected food. 28.(1) If [a chief administrative medical officer of a Health and Social Services Board] has reasonable ground for suspecting that any food is likely to cause food poisoning, he may give notice to the person in charge of the food that, until his investigations are completed, the food, or any specified portion thereof, is not to be used for human consumption and either is not to be removed, or is not to be removed except to some place specified in the notice. (2) A person who uses or removes any food in contravention of the requirements of a notice given under sub-section (1) shall be guilty of an offence under this Act. (3) If, as a result of his investigations, the [chief administrative medical officer] is satisfied that the food in question, or any portion thereof, is likely to cause food poisoning, he may deal with it as food falling within sub-section (1) of section nine and sub-sections (2) and (3) of that section shall apply accordingly; but, if he is satisfied that it may safely be used for human consumption he shall forthwith withdraw his notice. (4) If a notice given under sub-section (1) is withdrawn by the [chief administrative medical officer], or if the justice of the peace before whom any food is brought under this section refuses to condemn it, the [Health and Social Services Board] 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 [chief administrative medical officer]. (5) For the purposes of sub-section (4) the value of any food shall not be assessed at a sum exceeding the cost incurred by the owner in making or purchasing it. [(5A) Any function of the chief administrative medical officer of a Health and Social Services Board under this section may be exercised by such other medical officer of the Health and Social Services Board as the chief administrative medical officer may authorise in writing in that behalf.] (6) In this section "food poisoning" includes any disease transmissible by food; ["Health and Social Services Board", means a Health and Social Service Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972.] District councils responsible for enforcement.
© 1958 Crown Copyright
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URL: http://www.bailii.org/nie/legis/num_act/fadai1958297/s28.html