[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 13

13.(1) The Ministry may make such regulations as appear to the Ministry to be
expedient for securing the observance of sanitary and cleanly conditions and
practices in connection with

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

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

(2) Without prejudice to the generality of sub-section (1), regulations made
by the Ministry under this section may make provision

(a)for imposing requirements to secure the prevention of the occurrence of
disease through the contamination of food by persons engaged in a
food business;

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

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

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

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

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

(g)for securing the inspection of animals intended for slaughter and of
carcases for the purpose of ascertaining whether meat intended for sale for
human consumption is fit for human consumption, for securing the marking of
such carcases, and for prohibiting the sale of such meat where the animals or,
as the case may be, the carcases have not been so inspected;

(h)for requiring the staining or sterilisation in accordance with the
regulations of meat which is unfit for human consumption, or which is derived
from animals slaughtered in knackeries or from carcases brought into
knackeries or which, though not unfit for human consumption, is not intended
therefor;

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

(j)for prohibiting or regulating, or enabling [district councils] to prohibit
or regulate, the sale for human consumption or the offer, exposure or
distribution for sale for human consumption, of shell-fish taken from beds or
other layings for the time being designated under the regulations.

(3) In sub-section (2) "animals" includes poultry.

(4) Without prejudice to the foregoing provisions of this section or section
sixty-eight, any such regulations imposing requirements in respect of premises
may

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

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

(5) If any person who has incurred, or is about to incur, expenditure in
securing that the requirements of regulations made under this section, being
requirements of a structural character, are complied with in respect of any
premises owned or occupied by him claims that the whole or any part of the
expenditure ought to be borne by any other person having an interest in the
premises, he may apply to the county court, and the court may make such order
concerning the expenditure or its apportionment as appears to the court,
having regard to all the circumstances of the case, including the terms of any
contract between the parties, to be just and equitable; and any order made
under this sub-section may direct that any such contract as aforesaid shall
cease to have effect in so far as it is inconsistent with the terms of the
order.

(6) The Ministry may make regulations imposing, to such extent as the Ministry
may think fit, in respect of vehicles, stalls, and places other than premises
any requirement which could be imposed under the foregoing provisions of this
section in respect of premises.

(7) The Ministry may take such steps as appear to the Ministry to be expedient
for publishing codes of practice in connection with matters which may be made
the subject of regulations under this section, for the purpose of giving
advice and guidance to persons responsible for compliance with such
regulations.

© 1958 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/fadai1958297/s13.html