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FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 70



70.(1) In this Act

"advertisement" includes any notice, circular, label, wrapper, invoice or
other document, and any public announcement made orally or by any means of
producing or transmitting light or sound;

"analysis" includes micro-biological assay but no other form of biological
assay;

"animal" does not include bird or fish;

"article" does not include a live animal or bird;

"authorised officer" has the meaning assigned to that expression by section
thirty;

"business" includes the undertaking of a canteen, club, school, hospital or
institution, whether carried on for profit or not, and any undertaking or
activity carried on by a [district council or other public authority];

"container" includes any basket, pail, tray, package or receptacle of any
kind, whether open or closed;

"cream" means that part of milk rich in fat which has been separated by
skimming or otherwise;

"drug" includes medicine for internal or external use;

"food" includes drink, chewing gum, and other products of a like nature and
use, and articles and substances used as ingredients in the preparation of
food or drink or all such products, but does not include

(a)water, live animals or birds;

(b)fodder or feeding stuffs for animals, birds or fish; or

(c)articles or substances used only as drugs;

"food business" means any business for the purposes of which food intended for
sale, or sold, for human consumption, is prepared, transported, stored,
packaged, wrapped, exposed for sale, served or delivered;

Definition rep. by SRO (NI) 1973/211

"human consumption" includes use in the preparation of food for
human consumption;

"ice-cream" includes any similar commodity;

"knackery" has the meaning assigned to that expression by sub-section (3) of
section twelve;

"milk" includes cream and separated milk, but does not include dried milk or
condensed milk;

"the Ministry" has the meaning assigned to that expression by sub-section (1)
of section four;

"officer" includes servant;

"premises" means a building or part of a building, and any forecourt, yard or
place of storage used in connection with a building or part of a building;

"preparation", in relation to food, includes manufacture and any form of
treatment, and "preparation for sale" includes packaging;

"prescribed" means prescribed by regulations made by the Ministry;

"public analyst" has the meaning assigned to that expression by section
thirty-one;

"purveyor", in relation to milk includes any person who sells milk, whether
wholesale or by retail;

"sampling officer" has the meaning assigned to that expression by section
thirty-three;

"sanitary convenience" means a closet, privy or urinal;

"separated", in relation to milk, includes skimmed;

"substance" includes a liquid.

(2) For the purposes of this Act, other than sections fourteen and seventeen,
and paragraph (b) of sub-section (1) of section eighteen,

(a)the supply of food for human consumption, otherwise than by sale, at, in or
from any place where food is supplied in the course of a business, shall be
deemed to be a sale of that food, and references to purchasers shall be
construed accordingly;

(b)where in connection with any business in the course of which food is
supplied the place where the food is served is different from the place where
the food is consumed, both those places shall be deemed to be places in which
food is sold.

S.71(1) amends s.128 of 1847 c.34; subs.(2) rep. by SLR 1973


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