FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 9 Examination and seizure of suspected food.

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FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 9

Examination and seizure of suspected food.

9.(1) An authorised officer of a [district council] may at all reasonable
times examine any food intended for human consumption which has been sold, or
is offered or exposed for sale, or is in the possession of, or has been
deposited with or consigned to, any person for the purpose of sale or of
preparation for sale, and, if it appears to him to be unfit for
human consumption, may seize it and remove it in order to have it dealt with
by a justice of the peace.

(2) An officer who seizes any food under sub-section (1) shall inform the
person in whose possession the food was found of his intention to have it
dealt with by a justice of the peace, and any person who under section eight
might be liable to a prosecution in respect of the food shall, if he attends
before the justice upon the application for its condemnation, be entitled to
be heard and call witnesses.

(3) If it appears to a justice of the peace that any food brought before him,
whether seized under the provisions of this section or liable to be so seized,
is unfit for human consumption, he shall condemn it and order it to be
destroyed or to be so disposed of as to prevent it from being used for
human consumption.

(4) Any order made under sub-section (3) shall be sufficient evidence of the
unfitness for human consumption of the food in question in any prosecution
under this Act.

(5) If a justice of the peace refuses to condemn any food seized under this
section by an authorised officer of a [district council, the council] shall
compensate the owner of the food for any depreciation in its value resulting
from its seizure and removal.

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Northern Irish Legislation

FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 9