[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 28

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(4) If a notice given under sub-section (1) is withdrawn by the [chief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

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/fadai1958297/s28.html