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FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - LONG TITLE An Act to amend the law relating to food and drugs, and for purposes connected with that matter.{1} [30th December 1958] PART I FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 1 1.(1) A person shall not add any substance to food, use any substance as an ingredient in the preparation of food, abstract any constituent from food, or subject food to any other process or treatment, so as (in any such case) to render the food injurious to health, with intent that the food shall be sold for human consumption in that state. Subs.(2) rep. by 1968 c.67 s.135(4) sch.8 (3) Subject to the provisions of this section, a person shall not (a)sell for human consumption, offer, expose or advertise for sale for human consumption, or have in his possession for the purpose of such sale, any food rendered injurious to health by means of any operation described in sub-section (1); or Para.(b) rep. by 1968 c.67 s.135(4) sch.8 (4) A person who contravenes any of the foregoing provisions of this section shall be guilty of an offence under this Act. (5) In determining for the purposes of this Act whether an article of food is injurious to health, regard shall be had not only to the probable effect of that article on the health of a person consuming it, but also to the probable cumulative effect of articles of substantially the same composition on the health of a person consuming such articles in ordinary quantities. (6) In any prosecution under this section for an offence consisting of the advertisement for sale of any food..., it shall be a defence for the person charged to prove that, being a person whose business it is to publish, or arrange for the publication of, advertisements, he received the advertisement for publication in the ordinary course of business, and did not himself make, or cause to be made, any material alteration in the substance of that advertisement. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 2 General protection for purchasers of food. 2.(1) A person who sells to the prejudice of the purchaser any food... which is not of the nature, or not of the substance, or not of the quality, of the food... demanded by the purchaser, shall, subject to the provisions of section three, be guilty of an offence under this Act. (2) In any prosecution under this section it shall not be a defence to allege that the purchaser bought for analysis or examination and therefore was not prejudiced. (3) In this section... the reference to sale shall be construed as a reference to sale for human consumption. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 3 Defences available in proceedings under s.2. 3.(1) In any prosecution under section two for an offence consisting of the sale of food to which any substance has been added, or in the preparation of which any substance has been used as an ingredient, or from which any constituent has been abstracted, or which has been subjected to any other process or treatment, other than food thereby rendered injurious to health, it shall be a defence for the person charged to prove (a)that the operation in question was not carried out fraudulently; and (b)that the article was sold having attached thereto a notice of adequate size, distinctly and legibly printed and conspicuously visible, stating explicitly the nature of the operation, or was sold in a wrapper or container displaying such a notice. Subs.(2) rep. by 1968 c.67 s.135(4) sch.8 (3) In any prosecution under section two for an offence alleged to have been committed by the sale of an article containing extraneous matter, it shall be a defence for the person charged to prove that the presence of that matter was an unavoidable consequence of the process of collection or preparation. (4) In any prosecution under section two for an offence alleged to have been committed by the sale of diluted spirit, being whisky, brandy, rum or gin, it shall be a defence for the person charged to prove that the spirit was diluted with water only and that its strength was not lower than thirty-five degrees under proof; but nothing in this sub-section shall affect the provisions of sub-section (4) of section one hundred and sixty-one of the Customs and Excise Act, 1952 (which relates to the dilution of spirits after computation of duty). FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 4 Regulations as to composition of food, etc. 4.(1) Subject to sub-section (4), the Ministry of Health and Local Government (in this Act referred to as "the Ministry") may, so far as appears to the Ministry to be necessary or expedient in the interests of the public health, or otherwise for the protection of the public [or to be called for by any Community obligation], make regulations for any of the following purposes: (a)for requiring, prohibiting or regulating the addition of any specified substance, or any substance of any specified class, to food intended for sale for human consumption or any class of such food, or the use of any such substance as an ingredient in the preparation of such food, and generally for regulating the composition of such food; (b)for requiring, prohibiting or regulating the use of any process or treatment in the preparation of any food intended for sale for human consumption, or any class of such food; (c)for prohibiting or regulating the sale, possession for sale, offer or exposure for sale, consignment or delivery of food which does not comply with any of the regulations, or in relation to which an offence under the regulations has been committed or would have been committed if any relevant act or omission had taken place in Northern Ireland; (d)for prohibiting or regulating the sale, possession for sale, or offer, exposure or advertisement for sale, of any specified substance, or of any substance of any specified class, with a view to its use in the preparation of food for human consumption, and the possession of any such substance for use in the preparation of food intended for sale for human consumption. (2) In the exercise of the functions conferred by this section the Ministry shall have regard to the desirability of restricting, so far as practicable, the use of substances of no nutritional value as foods or as ingredients of foods. (3) Regulations made under this section may apply to cream and separated milk, and to any food containing milk; but except as aforesaid such regulations shall not apply to milk. (4) Regulations under this section which apply to cream or ice-cream shall be made by the Ministry with the concurrence of the Ministry of Agriculture. (5) Regulations made under this section may provide that, where any food is certified by a public analyst as being food to which the regulations apply so far as they are made under paragraph (c) of sub-section (1), that food may be treated for the purposes of section nine as being unfit for human consumption. (6) Nothing in any regulations made under this section shall be taken as prejudicing the generality of the powers conferred by section nine. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 5 Power of Ministry to obtain particulars of certain food ingredients. 5.(1) For the purpose of enabling the Ministry to exercise the functions conferred by section four, the Ministry may by order require every person who, at the date of the order or at any subsequent time, carries on a business which includes the production or use of substances of any class specified in the order to furnish to the Ministry, within such time as may be so specified, such particulars as may be so specified of the composition and use of any such substance sold in the course of that business for use in the preparation of food for human consumption or used for that purpose in the course of that business. (2) Without prejudice to the generality of sub-section (1), an order made thereunder may require the following particulars to be furnished in respect of any substance, that is to say (a)particulars of the composition and chemical formula of the substance; (b)particulars of the manner in which the substance is used or proposed to be used in the preparation of food; (c)particulars of any investigations or inquiries carried out by or to the knowledge of the person carrying on the business in question, for the purpose of determining whether and to what extent the substance, or any product formed when the substance is used as aforesaid, is injurious to, or in any other way affects, health; (d)particulars of any investigations or inquiries carried out by or to the knowledge of the person carrying on the business in question for the purpose of determining the cumulative effect on the health of a person consuming such substance in ordinary quantities. (3) Particulars furnished in accordance with an order under this section, or information relating to any individual business obtained by means of such particulars, shall not, without the previous consent in writing of the person carrying on the business in question, be disclosed except (a)in accordance with directions of the Ministry, so far as may be necessary for the purposes of section four or of any corresponding enactment for the time being in force in England and Wales or Scotland; or (b)for the purposes of any prosecution for an offence under the order or of any report of such prosecution; (4) A person who discloses any particulars or information in contravention of sub-section (3) shall be guilty of an offence under this Act. (5) An order made under this section shall be subject to negative resolution. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 6 Labels and advertisements describing food incorrectly. 6.(1) A person who gives with any food... sold by him, or displays with any food... exposed by him for sale, a label, whether attached to or printed on the wrapper or container or not, which (a)falsely describes that food...; or (b)is calculated to mislead as to its nature, substance or quality; (2) Subject to sub-section (4), a person who publishes, or is a party to the publication of, an advertisement (not being such a label so given or displayed by him as aforesaid) which (a)falsely describes any food...; or (b)is calculated to mislead as to its nature, substance or quality; (3) It is hereby declared that for the purposes of this section a label or advertisement which is calculated to mislead as to the nutritional or dietary value of any food is calculated to mislead as to the quality of the food. (4) In any prosecution under sub-section (2) it shall be a defence for the accused to prove either (a)that he did not know, and could not with reasonable diligence have ascertained, that the advertisement was of such a character as is described in that sub-section; or (b)that, being a person whose business it is to publish, or arrange for the publication of, advertisements, he received the advertisement for publication in the ordinary course of business and did not himself make, or cause to be made, any material alteration in the substance of that advertisement. (5) In any prosecution for an offence under this section the fact that a label or advertisement in respect of which the offence is alleged to have been committed contained an accurate statement of the composition of the food... shall not preclude the court from finding that the offence was committed. (6) In this section... references to sale shall be construed as references to sale for human consumption. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 7 Regulations as to labelling and description of food. 7€.(1) Without prejudice to the provisions of section six the Ministry may, subject to sub-section (4), make regulations for imposing requirements as to, and otherwise regulating, the labelling, marking or advertising of food intended for sale for human consumption, and the descriptions which may be applied to such food. (2) Regulations made under this section (a)shall not make provision in relation to the labelling and marking of food in respect to weight, measure and number; (b)may make provision for any purpose authorised by paragraph (c) of sub-section (1) of section four in the case of regulations under that section. (3) Regulations made under this section may apply to cream and separated milk, and to any food containing milk; but except as aforesaid such regulations shall not apply to milk. (4) Regulations under this section which apply to cream or ice-cream shall be made by the Ministry with the concurrence of the Ministry of Agriculture. Prohibition on sale, etc., of food unfit for human consumption. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 8 8.(1) Subject to the provisions of this section, any person who (a)sells, or offers or exposes for sale, or has in his possession for the purpose of sale or of preparation for sale; or (b)deposits with, or consigns to, any person for the purpose of sale or of preparation for sale; (2) Subject as aforesaid, where food in respect of which an offence under paragraph (a) of sub-section (1) has been committed was sold to the offender by some other person, that person also shall be guilty of an offence under this Act. (3) Where a person is charged with an offence under paragraph (b) of sub-section (1) or under sub-section (2) it shall be a defence for him to prove (a)that he had no reason to suppose that the person, with whom he deposited, or to whom he consigned or sold, the food in question, intended the food for human consumption, and that he gave notice to that person that the food was unfit for such consumption; or (b)that, at the time when he delivered or dispatched it to that person, it was fit for human consumption; or (c)that, at such time as aforesaid he did not know, and could not with reasonable diligence have ascertained, that it was unfit for human consumption. 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. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 10 Food offered as prizes, etc. 10.(1) Sections eight and nine shall apply (a)in relation to any food which is intended for human consumption and is offered as a prize or reward or given away in connection with any entertainment to which the public are admitted, whether on payment of money or not, as if that food were, or had been, exposed for sale by each person concerned in the organisation of the entertainment; (b)in relation to any food which is intended for human consumption and is offered as a prize or reward or given away for the purpose of advertisement, or in furtherance of any trade or business, as if that food were, or had been, exposed for sale by the person offering or giving away the food; (c)in relation to any food which is intended for human consumption and is exposed or deposited in any premises for the purpose of being so offered or given away as aforesaid, as if that food were, or had been, exposed for sale by the occupier of the premises. (2) In this section the expression "entertainment" includes any social gathering, amusement, exhibition, performance, game, sport or trial of skill. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 11 Power to examine food in course of transit. 11.(1) If an authorised officer of a [district council] has reason to suspect that any vehicle or container contains any food which is intended for sale for human consumption, or is in the course of delivery after sale for human consumption, he may examine the contents of the vehicle or of the container, and for that purpose may, if necessary, detain the vehicle or the container, and, if he finds any food which appears to him to be intended for, but unfit for, human consumption, he may deal with it as food falling under sub-section (1) of section nine and sub-sections (2) to (5) of that section shall apply accordingly. (2) Where the duties of an officer of customs and excise with respect to any goods have not been wholly discharged, nothing in this section shall authorise the examination of those goods without his consent. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 12 Punishment for sale, etc., of products of knackeries. 12.(1) A person shall not sell, or offer or expose for sale, or have in his possession for the purpose of sale or of preparation for sale, for human consumption (a)any part of, or product derived wholly or partly from, an animal which has been slaughtered in a knackery or of which the carcase has been brought into a knackery; (b)any part brought into a knackery of the carcase of an animal, or any product derived wholly or partly from that part. (2) A person who contravenes the provisions of this section shall be guilty of an offence under this Act. (3) In this section "knackery" means any premises used in connection with the business of slaughtering animals the flesh of which is not intended for human consumption, or of flaying, cutting up or processing the carcases of such animals. Regulations as to food hygiene. 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. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 14 Power of court to disqualify person for carrying on a food business. 14.(1) Where a person is prosecuted by a [district council] for an offence under regulations made under section thirteen in respect of any premises used for the purposes of a food business, or of any food business carried on at those premises, the following provisions of this section shall have effect. (2) If the [district council] have, not less than twenty-one days before the date of the hearing, given the person against whom the prosecution is brought notice of their intention to apply for an order under this section to be made against him, and if the person is convicted of the offence, the court, having regard to (a)the gravity of the offence; or (b)the unsatisfactory nature of the premises, where the offence is committed in respect of premises; or (c)any offences against regulations made under section thirteen of which the person has previously been convicted; (i)disqualifying the person for using those premises for the purposes of a food business; or (ii)disqualifying the person for using those premises for the purposes of any food business specified in the order. (3) Subject to sub-section (5), an order made under this section shall remain in force (a)where it is made on the ground of the unsuitability of premises because the requirements of regulations made under section thirteen have not been complied with, until it is revoked by the court; (b)where it is made on any other ground, for such period not exceeding two years as may be specified in the order. (4) A person shall be guilty of an offence under this Act if (a)while he is subject to an order of the kind referred to in paragraph (i) of sub-section (2) he uses the premises specified in the order for the purposes of a food business, or participates in the management of a food business carried on at the premises so specified; (b)while he is subject to an order of the kind referred to in paragraph (ii) of sub-section (2) he uses the premises specified in the order for the purposes of any food business specified in the order, or participates in the management of any such business carried on at the premises so specified. (5) A person subject to an order made under this section may apply to the court to revoke the order, and on any such application the court may, if it thinks proper having regard to all the circumstances of the case, including in particular the person's conduct subsequent to the conviction and any improvement in the state of any premises specified in the order, grant the application. (6) If an application made under sub-section (5) is refused by the court to which it is made, a further application thereunder shall not be entertained if made within three months after the date of the refusal. (7) Where a conviction for an offence against any regulation made under section thirteen is quashed, the court quashing the conviction shall also revoke any order made under this section in consequence of that conviction. (8) Without prejudice to the provisions of sub-section (7), a person aggrieved by an order made under this section may appeal against that order to a court of quarter sessions. (9) Nothing in this section shall apply to any premises used for the purposes of a business in respect of which a licence is in force under the Milk Act (Northern Ireland), 1950, or to any premises in respect of which a licence is in force under the Slaughter-houses Act (Northern Ireland), 1953. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 15 Byelaws as to handling and sale of food. 15.(1) A [district council] may make byelaws for securing the observance of sanitary and cleanly conditions and practices in connection with the handling, wrapping and delivery of food sold or intended for sale for human consumption, and in connection with the sale or exposure for sale in the open air of food intended for human consumption. Subs.(2) rep. by SRO (NI) 1973/211 (3) In so far as any byelaws made under this Act conflict with regulations made under Part I, the regulations shall prevail. S.16 rep. by 1969 c.36 (NI) s.48 sch.3 Registration of manufacturers of, and traders in, ice-cream. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 17 17.(1) A person shall not use any premises for (a)the manufacture of ice-cream for the purpose of sale for human consumption; (b)the storage of ice-cream intended for sale for human consumption; (c)the sale of ice-cream for human consumption; (2) A person who uses any premises in contravention of sub-section (1) shall be guilty of an offence under this Act. (3) An application for registration under this section in respect of any premises shall (a)be made by the person who proposes to use the premises; (b)contain such information in relation to those premises as the [district council] may require; (c)where the application is in respect of premises not yet erected, or of premises to be reconstructed, be accompanied by plans showing the proposed works. (4) Subject to the provisions of this section, the [district council] shall, on an application for registration under this section being duly made by a person in respect of any premises (a)register those premises; and (b)issue to that person, upon payment of a fee of [10p] or such other amount as may be prescribed, a certificate of registration. (5) Where an application is made for registration under this section, or where premises are registered under this section, and it appears to the [district council] (a)that the requirements of regulations in force under section thirteen are not complied with in connection with the business carried on at the registered premises, or in connection with the registered premises, or, as the case may be, in connection with the premises specified in the application; or (b)that the premises or any part thereof are otherwise unsuitable (having regard to considerations of hygiene and in particular to the situation, construction or condition of the premises, or to any activities carried on therein) for use for the purpose or purposes specified in the application, or for which they are used, as the case may be; (6) A [district council] shall not refuse, cancel or vary any registration under this section unless (a)they have served on the applicant or the occupier of the premises a notice of their proposal so to do for reasons specified in the notice, stating the place and time, not being less than twenty-one days after the date of the service of the notice, at which they will take the matter into consideration, and informing him that he may appear (and be represented, if he so desires, by counsel or solicitor) before them, with any witnesses he desires to call, at that place and time to show cause why the [council] should not proceed with the proposal; and (b)the applicant or occupier fails to show cause to their satisfaction. (7) If (a)the [district council] refuse, cancel or vary a registration under this section; and (b)the applicant or the occupier requests the [council] for a statement of the reasons for their decision; (8) A person aggrieved by a decision of a [district council] under this section to refuse, cancel or vary any registration may appeal to a court of summary jurisdiction, and any person aggrieved by the decision of that court may appeal to the county court. (9) A register kept by a [district council] under this section shall be open to public inspection free of charge at all reasonable hours. (10) The occupier of premises registered under this section shall keep the certificate of registration fixed in a conspicuous place in those premises. (11) Upon any change in the occupation of premises registered under this section the incoming occupier shall, within fourteen days of that change, give notice thereof to the [district council]. (12) Any person who fails to comply with the provisions of sub-section (10) or sub-section (11) shall be guilty of an offence under this Act. (13) Nothing in section fourteen shall apply in relation to any premises registered under this section. (14) Premises which, at the coming into operation of this section, are registered in accordance with section four or section five of the Sale of Ice-Cream Act (Northern Ireland), 1937, shall be deemed to be registered under this section, and the provisions of this section shall have effect accordingly. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 18 Extension to other food businesses of provisions relating to registration, etc. 18.(1) The Ministry may (a)by regulations prescribe that persons intending to use any premises for the purposes of any food business specified in those regulations shall give notice to the [district council] of that intention; (b)by order apply, with or without modifications, the provisions of section seventeen to any food business specified in the order. (2) An order made under paragraph (b) of sub-section (1) shall be subject to affirmative resolution. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 19 Licensing of vehicles, etc. 19.(1) Subject to the provisions of this section, the Ministry may make regulations providing (a)for the issue by [district councils] of licences in respect of the use of vehicles, stalls or places other than premises, for the preparation, exposure or offer for sale, or sale, of food for human consumption; and (b)for prohibiting the use for any such purpose of any such vehicle, stall or place except in accordance with a licence issued under the regulations. (2) Regulations made under this section may provide for the refusal or cancellation of a licence under the regulations, either wholly or in respect of a part of the business for which the licence is applied for or is held (a)where the requirements of regulations in force under section thirteen are not complied with in relation to that business; or (b)where the applicant or holder is unable or has failed to comply, in relation to that business, with any byelaws in force under section fifteen; (i)affording to persons aggrieved by any such refusal or cancellation an opportunity to make representations to the [district council]; (ii)giving to such persons a right of appeal from the decision of the [district council] to a court of summary jurisdiction; <(iii)giving to any person aggrieved by the decision of a court of summary jurisdiction on any such appeal the right to appeal from that decision to the county court. Regulations as to milk. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 20 20.(1) The Ministry may, to prevent danger to health from the supply or sale of infected milk, make such regulations as appear to the Ministry to be expedient (a)for requiring the treatment before it is supplied or sold of milk which is infected or suspected of being infected; (b)for prohibiting the supply or sale of milk which is infected or suspected of being infected; (c)for prohibiting the use of milk which is infected or suspected of being infected in the manufacture of products for sale for human consumption; (d)for authorising the payment by [district councils] of compensation to any person for damage or loss sustained by him by reason of any prohibition or restriction imposed by regulations made under this section on the supply, sale or use of milk which is infected or suspected of being infected. (2) The Ministry may, where no express provision is made by this Act, make regulations for prohibiting or restricting (i)the addition of any substance to milk, or the abstraction from milk of fat or any other constituent; (ii)the supply or sale of milk to which any such addition, or from which any such abstraction, has been made, or which has been otherwise artificially treated. (3) Regulations made under sub-section (2) shall not apply in relation to cream in so far as they are made for any purpose for which regulations relating to cream may be made under section four. (4) The Ministry may, with the approval of the Ministry of Finance, repay out of moneys provided by Parliament such part, not exceeding three-quarters, as the Ministry may with such approval determine of any sums paid by a [district council] by way of compensation to any person for any damage or loss sustained by him by reason of any prohibition or restriction imposed by regulations made under sub-section (1) on the sale, supply or use of milk which is infected or suspected of being infected. (5) In this section "milk" means milk intended for supply or sale or supplied or sold for human consumption, or intended for manufacture into products for sale for human consumption. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 21 Prohibition of sale of milk from diseased cows. 21.(1) A person shall not (a)sell, or offer or expose for sale, or have in his possession for the purpose of sale, for human consumption; or (b)use in the manufacture of products for sale for human consumption; (2) In any prosecution under this section, the defendant shall be deemed to have known that a cow had given tuberculous milk, or was so suffering as aforesaid, if he could with ordinary care have ascertained the fact. (3) A person who contravenes any of the provisions of this section shall be guilty of an offence under this Act. (4) The diseases of cows to which this section applies are those listed in the First Schedule and any other disease to which the provisions of this section are extended by regulations made by the Ministry for that purpose. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 22 Certain additions not to be made to milk and certain liquids not to be sold as milk. 22.(1) [Subject to sub-section (2A)] a person shall not (a)add any water or colouring matter, or any dried or condensed milk or liquid reconstituted therefrom, to milk intended for sale for human consumption; or Para.(b) omitted by SRO (NI) 1972/363 (c)sell, or offer or expose for sale, or have in his possession for the purpose of sale, for human consumption, any milk to which any addition has been made in contravention of the provisions of this sub-section. (2) A person shall not sell, or offer or expose for sale, or have in his possession for the purpose of sale, as milk any liquid in the making of which... any dried or condensed milk has been used. [(2A) The prohibitions contained in sub-section (1)(a) and (c), in so far as they relate to the adding of any water to milk or the sale, offering or exposure for sale or possession of milk to which water has been added shall not apply in any case where water is added to milk in the course of any process of direct heat treatment by steam authorised under the Milk Acts (Northern Ireland) 1950 and 1963 or the Marketing of Milk Products Act (Northern Ireland) 1958 (whichever is applicable), where the process is conducted in accordance with regulations made in that behalf by the Ministry of Agriculture under those Acts or, as the case may require, that Act.] (3) A person who contravenes any of the provisions of this section shall be guilty of an offence under this Act. (4) For the purposes of paragraph (c) of sub-section (1), a person shall be deemed to retain the possession of milk which is deposited in any place for collection until it is actually collected; but nothing in this sub-section shall be taken as prejudicing the defence available under sub-section (10) of section thirty-six [or, as the case may be, under sub-section (8) of section thirty-six A,] to a person charged with an offence in respect of a sample of milk taken after the milk has left his possession. S.23 omitted by SRO (NI) 1972/363 FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 24 Cream substitutes. 24.(1) Subject to the provisions of this section, a person shall not sell, or offer or expose for sale, for human consumption (a)any substance which resembles cream in appearance, but is not cream; or (b)any article of food containing such a substance; (2) Sub-section (1) shall not apply to the sale, or offer or exposure for sale, of any substance being reconstituted or imitation cream as defined by this section, or of any article containing such a substance, under a description or designation which identifies the substance as such, or to the sale, or offer or exposure for sale, of any substance under a description or designation which indicates that the substance is not for use as, or as a substitute for, cream. (3) A person who contravenes sub-section (1) shall be guilty of an offence under this Act. (4) For the purposes of this section, the description or designation under which a substance or article is sold, or offered or exposed for sale, shall be deemed to include the word "cream" if it includes any other word (composite or otherwise) which is calculated to lead a purchaser to suppose that the substance is or, as the case may be, the article contains either cream or a substance for use as cream. (5) In this section "reconstituted cream" means a substance which, not being cream, resembles cream in appearance and contains no ingredient not derived from milk, except (a)water; or (b)ingredients (not added fraudulently to increase bulk, weight or measure, or conceal inferior quality) which may lawfully be contained in a substance sold for human consumption as cream or butter; "imitation cream" means a substance which, not being cream or reconstituted cream, resembles cream in appearance and is produced by emulsifying edible oils or fats with water, either by themselves, or with other substances not prohibited by regulations made for the purposes of this section under section four, nor added in quantities so prohibited. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 25 Sign to be displayed on premises, etc., where horse-flesh is sold for human consumption. 25.(1) A person shall not sell, or offer or expose for sale, or have in his possession for the purpose of sale, any horseflesh for human consumption elsewhere than in premises or in a stall, vehicle or place other than premises over or on which there is at all times displayed in a conspicuous position a notice in legible letters not less than four inches in height stating that horseflesh is sold there. (2) A person shall not supply horseflesh for human consumption to a purchaser who has not asked to be supplied with horseflesh, or who has asked to be supplied with some compound article of food not ordinarily made of horseflesh. (3) A person who contravenes any of the provisions of this section shall be guilty of an offence under this Act. (4) If any horseflesh is exposed for sale elsewhere than in premises or in a stall, vehicle or place other than premises distinguished as aforesaid without anything to show that it was not intended for sale for human consumption the onus of proving that it was not so intended shall rest upon the person exposing it for sale. (5) In this section "horseflesh" means the flesh of horses, asses and mules, and includes any such flesh whether cooked or uncooked and whether alone, or accompanied by, or mixed with, any other substance; and "flesh" includes any part of any such animal. Power to provide cold stores. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 26 26. [A district council] may, with the approval of the Ministry, provide a cold store for the storage and preservation of meat and other articles of food, and may make charges in respect of the use of any such store. S.27 rep. by 1967 c.36 (NI) s.33 sch.3 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. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 29 29.(1) It shall be the duty of every [district council] to enforce and execute in their [district] the provisions of any section of this Act, or of any regulations made thereunder, with respect to which the duty is not expressly, or by necessary implication, imposed on some other authority. (2) It shall be the duty of the Ministry to enforce and execute the provisions of any order made under section five. Subs.(3)(4) rep. by 1967 c.36 (NI) s.33 sch.3 FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 30 Meaning of ""authorised officer''. 30.(1) Subject to the provisions of this section, the expression "authorised officer" means an officer of a [district council] authorised by that [council] in writing, either generally or specially, to act in matters of any specified kind or in any specified matter. [(2) Any public health inspector of a district council shall be deemed to be an authorised officer of that council for all purposes of this Act.] (3) A member of the Royal College of Veterinary Surgeons employed by a [district council] for the purpose of inspection of food shall be deemed to be an authorised officer of the [council] for the purpose of the examination and seizure of meat under the provisions of Part I relating to food unfit for human consumption. (4) An officer of a [district council] shall not be authorised to act under this Act in relation to the examination and seizure of meat unless he is (a)a person deemed to be an authorised officer by virtue of sub-section (2) or sub-section (3); or (b)a person having such qualifications as may be prescribed. Public analysts. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 31 31.(1) Every [district council] shall appoint in accordance with the provisions of this section one or more than one person (in this Act referred to as "public analysts") to be analysts of food and drugs within the [district] of that [council]. (2) A person shall not be appointed a public analyst unless he possesses (a)such qualifications as may be prescribed; or (b)such other qualifications as the Ministry may approve. (3) A person who is engaged directly or indirectly in any trade or business connected with the sale of food or drugs in any area shall not be appointed public analyst for that [district]. (4) The appointment, the terms of appointment, and the removal of a public analyst shall be subject to the approval of the Ministry. (5) A [district council] shall pay to a public analyst such remuneration as may, subject to the approval of the Ministry, be agreed upon by the [council] and the analyst, and that remuneration may be expressed to be payable (a)in addition to any fees received by the analyst under this Act; or (b)on condition that any fees received by the analyst under this Act are paid over by him to the [council]. (6) A [district council] who appoint only one public analyst may appoint also a deputy to act during any vacancy in the office of public analyst, or during the absence or incapacity of the holder of the office, and the provisions of sub-sections (2) to (5) shall apply in relation to a deputy public analyst as they apply in relation to a public analyst. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 32 Facilities for examination of food and drugs. 32. A [district council] may, with the approval of the Ministry, provide facilities for bacteriological and other examinations of samples of food and drugs. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 33 Powers of sampling. 33.(1) An authorised officer of a [district council] may exercise such powers of procuring samples for analysis, or for bacteriological or other examination, as are conferred upon him by this section, and any such officer is in this Act referred to as a "sampling officer". (2) Subject to sub-section (3), a sampling officer may purchase samples of any food..., or of any substance capable of being used in the preparation of food. Subs.(3) rep. by 1968 c.67 s.135(4) sch.8 (4) Subject to the provisions of this section, a sampling officer may take a sample of any food, or of any substance capable of being used in the preparation of food which (a)appears to him to be intended for sale for human consumption; or (b)appears to him to have been sold for human consumption; or (c)is found by him on or in any premises, stall, vehicle or place other than premises which he is authorised to enter for the purposes of the execution of this Act. (5) A sampling officer shall not, without the consent of the purchaser, (a)take a sample of any food or substance (other than milk) which appears to him to have been sold by retail, either while the food or substance is in the course of delivery to the purchaser, or at any time after such delivery; (b)take a sample of milk which appears to him to have been sold by retail at any time after the milk has been delivered to the purchaser. (6) Any power of an authorised officer to procure samples of milk may be exercised at a place outside the [district of the district council] by whom that authorised officer was appointed, if the [district council of the district] within which the place is situated have consented to samples of milk being procured within their [district] by officers of the first-mentioned [council]. (7) For the purposes of this Act any sample procured in accordance with sub-section (6) shall be deemed to have been procured within the [district] for which the officer in question acts. (8) A [district council] shall not unreasonably withhold their consent for the purposes of sub-section (6), and any question as to the reasonableness of withholding such consent shall be referred to and determined by the Ministry. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 34 Right to have samples analysed. 34.(1) If a sampling officer who has procured a sample of any food... or substance considers that it should be analysed, he shall submit it to be analysed by the public analyst for the [district] in which the sample was, or is deemed to have been, procured. (2) A person, other than a sampling officer, who has purchased any food..., or any substance capable of being used in the preparation of food, may submit a sample of it to be analysed by the public analyst for the [district] in which the purchase was made. (3) The public analyst shall analyse as soon as practicable any sample submitted to him in pursuance of this section but may, where the sample is submitted by a person other than an officer of the [district council], demand in advance the payment of such fee as may be fixed by the [council]. (4) If (a)the office of public analyst for [a district] is vacant; or (b)the public analyst determines that he is for any reason unable to perform an effective analysis; (5) A public analyst, or a person approved by the Ministry for the purposes of sub-section (4), who has analysed a sample shall give to the person who submitted the sample a certificate, in such form as may be prescribed, specifying the result of the analysis. (6) A certificate given under sub-section (5) shall be signed by the public analyst or person approved by the Ministry for the purposes of sub-section (4), but the analysis may be made by any person acting under the direction of that analyst or approved person. (7) Where a sample procured by a sampling officer has been analysed by a public analyst or a person approved by the Ministry for the purposes of sub-section (4), any person to whom a part of the sample was given in accordance with provisions of this Act shall be entitled, on payment of a fee of [5p] to the [district council] by whose officer the sample was procured, to be supplied with a copy of the certificate given under sub-section (5). FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 35 Disposal of samples taken for analysis. 35.(1) A sampling officer who procures a sample of any food ... or substance for the purpose of analysis by a public analyst shall forthwith divide it into three parts, each part to be marked and sealed or fastened up in such manner as its nature will permit, and shall deal with the parts in accordance with the following provisions of this section. (2) Subject to the provisions of this section, the sampling officer shall dispose of one part of the sample as follows, that is to say (a)where the sample was purchased by the sampling officer, he shall give the part to the vendor; (b)where the sample was of goods consigned from outside Northern Ireland and was taken by the sampling officer before delivery to the consignee, he shall give the part to the consignee; (c)where the sample was taken by the sampling officer with the consent of a purchaser by retail, not being a sample taken as mentioned in the preceding paragraph, he shall give the part to the vendor; (d)where the sample was of milk taken by the sampling officer otherwise than as mentioned in the preceding paragraphs, he shall give the part to the person who caused the milk to be placed in the container from which the sample was taken; (e)where the sample was taken in transit by the sampling officer, otherwise than as mentioned in the preceding paragraphs, he shall give the part to the consignor; (f)where the preceding paragraphs do not apply, the sampling officer shall give the part to the person appearing to be the owner of the food, drug or substance; (3) Of the remaining parts of the sample, the sampling officer shall, unless he decides not to have an analysis made, submit one for analysis in accordance with section thirty-four, and retain the other for future comparison. (4) If it appears to a sampling officer that any food... or substance of which he has procured a sample for the purpose of analysis by a public analyst was manufactured or put into its wrapper or container by a person (not being a person to whom one part of the sample is required to be given under this section) having his name and an address in the United Kingdom displayed on the wrapper or container, the officer shall, unless he decides not to have an analysis made, within three days of procuring the sample send to that person a notice informing him that the sample has been procured by the officer and where the sample was taken or, as the case may be, from whom it was purchased. (5) In relation to a sample purchased from an automatic machine, paragraph (a) of sub-section (2) shall have effect as if for the reference to the vendor there were substituted a reference (a)if the name and address (being an address in Northern Ireland) of a person stated to be the proprietor of the machine appears on that machine, to that person; (b)in any other case, to the occupier of the premises on which the machine stands or to which it is affixed. (6) Any part of a sample which under this section is to be given to any person may be given either by delivering it to him or to his agent or by sending it to him by post in a registered packet. (7) The provisions of sub-sections (1), (2), (3), (5) and (6) shall apply to the purchase of samples by any person who is neither a sampling officer nor a person having the powers of a sampling officer as they apply in relation to the purchase of samples by a sampling officer; and references to a sampling officer shall be construed accordingly. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 36 Special provisions as to sampling of milk. 36.(1) Where a sample of milk is procured [, otherwise than by a sampling officer,] from a purveyor of milk, [that purveyor] shall, if required to do so by the person by whom the sample was procured, state the name and address of the seller or consignor from whom he received the milk. (2) Within sixty hours after the sample was procured from the purveyor he may, subject to sub-sections (3) and (4), serve on Para.(a) rep. by 1962 c.7 (NI) s.6(1)(b) (b)the [district council] within whose [district] the sample was procured...; (i)the name and address of the seller or consignor from whom he received the milk; and (ii)the time and place of delivery to himself of milk from a corresponding milking; (3) If a sample of milk from a corresponding milking (a)has been procured since the procuring of the sample from the purveyor; or (b)has been procured within twenty-four hours prior to the sample being procured from the purveyor; (4) The purveyor shall not have the right to require that a sample of milk from a corresponding milking shall be procured if the milk from which the sample was procured from the purveyor was taken from a mixture of milk produced on more than one farm. (5) If (a)the purveyor has served on the [district council] a notice under sub-section (2); and (b)the [council] have, in a case not falling within sub-section (3) or sub-section (4), omitted to procure in accordance with sub-section (2) a sample of milk from the seller or consignor in the course of transit or delivery; (6) Any sample procured in accordance with sub-section (2) in the course of transit or delivery shall be submitted for analysis to the person to whom the sample procured from the purveyor is or was submitted. (7) If a prosecution is brought against the purveyor, a copy of the certificate of the result of the analysis of every sample procured in accordance with sub-section (2) in the course of transit or delivery shall be furnished to him, and every such certificate or copy shall, subject to the provisions of section forty-eight, be admissible as evidence on any question whether the milk sold by the purveyor was sold by the purveyor in the same state as it was when he purchased it. (8) [The district council]... within whose [district], the sample was procured from the purveyor may, instead of, or in addition to, bringing a prosecution against the purveyor, bring a prosecution against the seller or consignor. (9) If a sample of milk of cows kept on any premises is procured in course of transit or delivery from those premises, the occupier of those premises may, within sixty hours after the sample was procured, serve on the [district council] by whose officer the sample was procured a notice requesting the [council] to take immediate steps to procure, as soon as practicable, a sample of milk from a corresponding milking of the cows and thereupon (a)sub-sections (3) to (7) shall, so far as applicable, apply with any necessary modifications; and (b)the person procuring the sample of milk from a corresponding milking of the cows shall be empowered to take any such steps at the premises on which the cows are kept as may be necessary to satisfy him that the sample is a fair sample of the milk of the cows when properly and fully milked. (10) It shall be a defence for a person charged with an offence under this Act, or under regulations made thereunder, in respect of a sample of milk taken [, otherwise than by a sampling officer,] after the milk had left [the possession of the person charged] to prove that the container from which the sample was taken was effectively closed and sealed at the time when it left his possession, but had been opened before the person by whom the sample was taken had access to it.[ FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 36A Special provisions as to sampling of milk by sampling officers. 36A.(1) Where a sample of milk is procured by a sampling officer from a purveyor of milk, that purveyor shall, if required to do so by the sampling officer, state (a)the name and address of the seller or consignor from whom he received the milk; (b)the time and place of delivery to him by the seller or consignor of milk from a corresponding milking. (2) Subject to sub-section (3), the [district council] by whose officer the sample was procured shall not bring a prosecution under this Act against the purveyor in respect of the sample procured from him unless the [council] have within (a)twenty-four hours prior to the sample being procured from the purveyor; or (b)one hundred and twenty hours after the sample was procured from the purveyor; (3) It shall not be necessary for the [district council] to procure a sample of milk from a corresponding milking if the milk from which the sample was procured from the purveyor was taken from a mixture of milk produced on more than one farm. (4) Any sample procured in accordance with sub-section (2) in the course of transit or delivery shall be submitted for analysis to the person to whom the sample procured from the purveyor is or was submitted. (5) If a prosecution is brought against the purveyor, a copy of the certificate of the result of the analysis of every sample procured in accordance with sub-section (2) in the course of transit or delivery shall be furnished to him, and every such certificate or copy shall, subject to the provisions of section forty-eight, be admissible as evidence on any question whether the milk sold by the purveyor was sold by the purveyor in the same state as it was when he purchased it. (6) The [district council] by whose officer the sample was procured from the purveyor may, instead of, or in addition to, bringing a prosecution against the purveyor, bring a prosecution against the seller or consignor. (7) If a sample of milk of cows kept on any premises is procured in course of transit or delivery from those premises, the occupier of those premises may, within sixty hours after the sample was procured, serve on the [district council] by whose officer the sample was procured a notice requesting the [council] to take immediate steps to procure, as soon as practicable, a sample of milk from a corresponding milking of the cows and thereupon (a)sub-sections (2) to (5) shall, so far as applicable, apply with any necessary modifications; and (b)the sampling officer procuring the sample of milk from a corresponding milking of the cows shall be empowered to take any such steps at the premises on which the cows are kept as may be necessary to satisfy him that the sample is a fair sample of the milk of the cows when properly and fully milked. (8) It shall be a defence for a person charged with an offence under this Act, or under regulations made thereunder, in respect of a sample of milk taken by a sampling officer after the milk had left the possession of the person charged to prove that the container from which the sample was taken was effectively closed and sealed at the time when it left his possession, but had been opened before the sampling officer had access to it.] FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 37 Power of Ministry to have foods analysed and examined. 37.(1) In relation to any matter appearing to the Ministry to affect the general interests of consumers, the Ministry may direct an officer of the Ministry authorised in writing to procure samples of any food specified in that authorisation, and thereupon the officer shall have all the powers of a sampling officer, and this Act shall apply as if he were a sampling officer. (2) In relation to any matter appearing to the Ministry of Agriculture to affect the general interests of consumers of cream or ice-cream, that Ministry may exercise the powers conferred upon the Ministry by sub-section (1), and the provisions of this Act shall have effect accordingly. (3) Any fee payable for the analysis of a sample procured in accordance with the provisions of this section shall be payable by the Ministry or, as the case may be, the Ministry of Agriculture, out of moneys provided by Parliament. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 38 Provision for cases in which division into parts is impracticable. 38. Where any person procures a sample consisting of a food... or substance contained in unopened containers, and the division into parts of the food... or substance contained in those containers (a)is not reasonably practicable; or (b)might affect the composition or impede the proper analysis of the contents; Examination by district councils of food not for sale. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 39 39.(1) A [district council] may, at the request of a person who has in his possession any food which has not been sold, and which is not intended for sale, arrange to have that food examined on payment by that person of such fee, if any, as may be fixed by that [council]. (2) Subject to the provisions of section twenty-eight, where any food examined in pursuance of sub-section (1) is found to be unfit for human consumption, the [district council] may, with the consent of the person referred to in that sub-section, arrange for the disposal of the food. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 40 Quarterly reports of analysts. 40.(1) Every public analyst shall, as soon as may be after the last day of March, the last day of June, the last day of September and the last day of December in every year, report to the [district council] by whom he was appointed the number of articles which have been analysed by him or on his behalf in his capacity as public analyst for the [district of that council] during the preceding quarter of a year, and the result of each analysis. (2) Every [district council] shall transmit to the Ministry, at such times as the Ministry may direct, a copy of each quarterly report received by them from a public analyst, together with details of any action taken in each case. Power to enter premises. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 41 41.(1) Subject to the provisions of this section, an authorised officer of a [district council] shall, on producing, if so required, some duly authenticated document showing his authority, have a right to enter any premises at all reasonable hours (a)for the purpose of ascertaining whether there is or has been on, or in connection with, the premises any contravention of the provisions of this Act or of any regulations or byelaws made thereunder, being provisions which the [council] are required or empowered to enforce; and (b)generally for the purpose of the performance by the [council] of their functions under this Act, or any such regulations or byelaws. (2) Admission to any premises used only as a private dwelling-house shall not be demanded under sub-section (1) as of right unless twenty-four hours' notice of the intended entry has been given to the occupier. (3) If a justice of the peace, on sworn information in writing, (a)is satisfied that there is reasonable ground for entry into any premises for any such purpose as aforesaid; and (b)is also satisfied either (i)that admission to the premises has been refused, or a refusal is apprehended and that notice of the intention to apply for a warrant has been given to the occupier; or (ii)that an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or that the occupier is temporarily absent; (4) An authorised officer entering any premises by virtue of this section, or of a warrant issued thereunder, may take with him such other persons as may be necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectively secured against trespassers as he found them. (5) Every warrant granted under this section shall continue in force for a period of one month. (6) If any person who, in compliance with the provisions of this section, or of any warrant issued thereunder, is admitted into a factory or workplace, discloses to any person any information obtained by him in the factory or workplace with regard to any manufacturing process or trade secret, he shall, unless the disclosure was made in the performance of his duty, be guilty of an offence under this Act. (7) Nothing in this section shall authorise any person, except with the permission of the Ministry of Agriculture under the Diseases of Animals Act (Northern Ireland), 1958, to enter any cowshed or other place in which an animal affected, or suspected of being affected, with any disease to which that Act applies is kept. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 42 Power to enter vehicles, etc. 42.(1) An authorised officer of a [district council] shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours to enter any vehicle, stall or place other than premises, for any purpose for which he is authorised under section forty-one to enter premises. (2) Sub-sections (3) to (5), and sub-section (7), of section forty-one shall apply in relation to any vehicle, stall or place other than premises which may be entered under the powers conferred by sub-section (1) as they apply in relation to premises, and as if any reference to the occupier of premises were a reference to the person in charge of the vehicle, stall or place. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 43 Powers of entry of Ministry's officers. 43. An officer of the Ministry or of the Ministry of Agriculture authorised in writing shall, for the purpose of ascertaining whether there is or has been any contravention of the provisions of this Act or of any regulation or order made thereunder, being provisions which that Ministry is required or empowered to enforce, have the like powers of entry as are exercisable under section forty-one or section forty-two by an authorised officer of a [district council]; and in relation to such an authorised officer of the Ministry or of the Ministry of Agriculture, the reference in sub-section (3) of section forty-one to the [council] shall be construed as a reference to the Ministry or, as the case may be, the Ministry of Agriculture. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 44 Persons obstructing execution of Act. 44.(1) A person who wilfully obstructs any person acting in the execution of this Act, or of any regulation, byelaw, order or warrant made or issued thereunder, shall be guilty of an offence under this Act. (2) If (a)a sampling officer applies to purchase any food.... or substance exposed for sale, or on sale by retail, and tenders the price for the quantity which he requires as a sample, and the person exposing the food.... or substance for sale, or having it for sale, refuses to sell to the officer such quantity thereof as aforesaid; or (b)the seller or consignor of any article or substance of which the officer has power to take a sample, or a person having the charge for the time being of such an article or substance, refuses to allow the officer to take the quantity which he requires as a sample; (3) Where any food.... or substance is exposed for sale in an unopened container duly labelled, a person shall not be required to sell that food.... or substance except in the unopened container in which it is contained. (4) A person who fails to give to any person acting in the execution of this Act, or of any regulation, byelaw, order or warrant made or issued thereunder, any assistance which that person may reasonably request him to give, or any information which that person is expressly authorised by this Act to call for or may reasonably require, or who, when required to give any such information, knowingly makes any misstatement in respect thereof, shall, subject to sub-section (5), be guilty of an offence under this Act. (5) Nothing in sub-section (4) shall be construed as requiring a person to answer any question or give any information, if so to do might incriminate him. Penalties. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 45 45. A person guilty of an offence under this Act shall be liable on summary conviction (a)to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment; and (b)in the case of a continuing offence, to a further fine not exceeding five pounds for each day during which the offence continues after conviction. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 46 Prosecutions. 46.(1) Notwithstanding any provision in any enactment prescribing the period within which summary proceedings may be commenced, where a sample has been procured under this Act, a prosecution in respect of the article or substance sampled shall not be begun (a)where the sample was of milk, after the expiration of the period of twenty-eight days beginning with the date on which the sample was procured; (b)where the sample was not of milk, after the expiration of the period of two months beginning with the date on which the sample was procured; (2) Where a certificate issued under sub-section (1) relates to a prosecution in respect of a sample of milk, that prosecution shall not in any case be begun after the expiration of forty-two days beginning with the date on which the sample was procured. (3) Notwithstanding any provision in any enactment prescribing the period within which summary proceedings may be commenced, a prosecution under section fifty-three in respect of giving a false warranty may be begun within twelve months from the date of the commission of the offence. (4) Where a sample has been procured under this Act, any prosecution in respect of the article or substance sampled shall, subject to sub-sections (5) and (6), be brought before a court having jurisdiction in the place where the sample was procured. (5) Where a sample procured within one [district] is for the purposes of this Act deemed to have been procured within another [district], a prosecution may be brought either before the court having jurisdiction in any part of the [district] within which the sample was procured, or before a court having jurisdiction in any part of the [district] within which the sample is deemed to have been procured. (6) Where an article or a substance sampled under this Act was sold and actually delivered to the purchaser, a prosecution may be brought before a court having jurisdiction at the place of delivery. (7) Any prosecution under this Act [or any regulations made thereunder] in respect of an article or substance which has been sampled shall not be heard or determined earlier than fourteen days after the date of service of the summons, and in any such proceedings a copy of (a)any certificate of analysis obtained on behalf of the prosecutor; and (b)any certificate given by a justice of the peace under sub-section (1); (8) In any prosecution under this Act [or any regulations made thereunder] where a sample has been procured in such circumstances that its division into parts is required by this Act, the part of the sample retained by the person who procured it shall be produced at the hearing. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 47 Institution of proceedings by the Ministry. 47.(1) Without prejudice to the provisions of this Act relating to the enforcement thereof, the Ministry may, where it is of opinion that the general interests of consumers are affected, prosecute for offences under sections one, two or six, and for offences under any regulations made under sections four and seven.... (2) Without prejudice to the provisions of this Act relating to the enforcement thereof, the Ministry of Agriculture may, where it is of opinion that the general interests of consumers of cream or ice-cream are affected, prosecute for offences under any regulations made under sections four and seven, so far as those regulations relate to cream or ice-cream. (3) [A district council] shall not prosecute (a)for an offence against section six....; (b)except so far as may be otherwise prescribed by regulations made by the Ministry under section seven, for an offence against any of those regulations; (4) A certificate of the Ministry that the requirements of sub-section (3) have been complied with in relation to any prosecution shall be conclusive evidence that they have been complied with in relation thereto. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 48 Evidence of analysis. 48.(1) In any prosecution under this Act [or any regulations made thereunder], the production by one of the parties of (a)a document purporting to be a certificate of a public analyst in the form prescribed under sub-section (5) of section thirty-four; or (b)a document supplied to him by the other party as being a copy of such a certificate; (2) In any prosecution under this Act [or any regulations made thereunder], if a defendant intends (a)to produce a certificate of a public analyst; or (b)under sub-section (1) to require that a public analyst shall be called as a witness; (3) In sub-sections (1) and (2), references to a public analyst include (a)references to a person approved by the Ministry under sub-section (4) of section thirty-four; and (b)references to a public analyst within the meaning of the Food and Drugs Act, 1955, and the Food and Drugs (Scotland) Act, 1956. (4) Regulations made under section four or section seven may prescribe a method of analysis for the purpose of ascertaining the presence in, or absence from, any food of any substance specified in the regulations, or the quantity of any such substance which is present in any food. (5) In any prosecution... (a)for a contravention of any regulations made under section four or section seven; or (b)for an offence under section two or section six; Presumptions. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 49 49. For the purposes of this Act and of any regulations or byelaws made thereunder (a)any article commonly used for human consumption shall, if sold or offered, exposed or kept for sale, be presumed, until the contrary is proved, to have been sold, or, as the case may be to have been intended for sale, for human consumption; (b)any article commonly used for human consumption which is found on premises or on any vehicle, stall or place other than premises used for the preparation, storage, or sale of that article shall be presumed, until the contrary is proved, to be intended for sale for human consumption; (c)any article commonly used for the manufacture of products for human consumption which is found on premises or on any vehicle, stall or place other than premises used for the preparation, storage, or sale of those products shall be presumed, until the contrary is proved, to be intended for manufacturing products for sale for human consumption; (d)any substance capable of being used in the composition or preparation of any article commonly used for human consumption which is found on premises or on any vehicle, stall or place other than premises on which that article is prepared shall, until the contrary is proved, be presumed to be intended for such use. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 50 Power of court to require analysis by Government Chemist. 50.(1) The court before which any prosecution is brought under this Act [or any regulations made thereunder] may, if it thinks fit, and upon the request of either party shall, cause the part of any sample produced before the court under sub-section (8) of section forty-six to be sent to the Government Chemist, who shall make an analysis and transmit to the court a certificate of the result thereof, and the costs of the analysis shall be paid by the complainant or the defendant as the court may order. (2) If, in a case where an appeal is brought, action has not been taken under sub-section (1), the provisions of that sub-section shall apply also in relation to the court by which the appeal is heard. (3) Any certificate of the results of an analysis transmitted by the Government Chemist under this section shall be signed by or on behalf of the Government Chemist, but the analysis may be made by any person acting under the direction of the person by whom the certificate is signed. (4) Any certificate of the results of an analysis transmitted by the Government Chemist under this section shall be evidence of the facts stated therein unless any party to the prosecution requires that the person by whom it is signed shall be called as a witness. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 51 Contravention due to default of some other person. 51.(1) Where a contravention of any provision of this Act, or of any regulation, order or byelaw made thereunder, for which any person is liable to a penalty was due to an act or default of any other person, then, whether or not a prosecution is brought against the first-mentioned person, that other person may be charged with and convicted of the contravention and shall be liable on conviction to the same punishment as might have been imposed on the first-mentioned person if he had been convicted of the contravention. (2) Where a person who is charged with a contravention of this Act, or of any regulation, order or byelaw made thereunder, proves to the satisfaction of the court that he has used all due diligence to secure that the provision in question was complied with and that the contravention was due to the act or default of some other person, the first-mentioned person shall be acquitted of the contravention. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 52 Conditions under which warranty may be pleaded as defence. 52.(1) Subject to the provisions of this section, in any prosecution for an offence under this Act or any regulations made thereunder, being an offence consisting of selling, or offering, exposing or advertising for sale, or having in possession for the purpose of sale, any article or substance, it shall be a defence for the defendant to prove (a)that he purchased it as being an article or substance which could lawfully be sold or otherwise dealt with as aforesaid, or, as the case may be, could lawfully be so sold or dealt with under the name or description or for the purpose under or for which he sold or dealt with it, and with a written warranty to that effect; and (b)that he had no reason to believe at the time of the commission of the alleged offence that it was otherwise; and (c)that it was then in the same state as when he purchased it. (2) A warranty shall only be a defence in a prosecution under this Act [or any regulations made thereunder] if (a)the defendant (i)has, within seven days, or such longer period as the court may allow, of the service of the summons, sent to the prosecutor a copy of the warranty with a notice stating that he intends to rely on it and specifying the name and address of the person from whom he received it; and (ii)has also sent a like notice of his intention to that person; and (b)where the warranty was given by a person resident outside the United Kingdom, the defendant proves that he had taken reasonable steps to ascertain, and did in fact believe in, the accuracy of the statement contained therein; and (c)where the prosecution is in respect of a sample of milk procured from him [otherwise than by a sampling officer], the defendant either (i)has within sixty hours after the sample was procured served such a notice as is mentioned in [sub-section (2)] of section thirty-six; or (ii)not having served such a notice, proves that he had reasonable cause to believe that such a notice would have been of no effect by reason of the fact that the milk in question was a mixture of milk produced on more than one farm. (3) Where the defendant is a servant of the person who purchased the article or substance under a warranty, he shall be entitled to rely on the provisions of this section in the same way as his employer would have been entitled to do if he had been the defendant. (4) The person by whom the warranty is alleged to have been given shall be entitled to appear at the hearing and to give evidence, and the court may, if it thinks fit, adjourn the hearing to enable him to do so. (5) For the purposes of this section and section fifty-three, a name or description entered in an invoice shall be deemed to be a written warranty that the article or substance to which the entry refers can be sold or otherwise dealt with under that name or description by any person without contravening any of the provisions of this Act or of regulations made thereunder. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 53 Offences in relation to warranties and certificates of analysis. 53.(1) A defendant who in any prosecution under this Act [or any regulations made thereunder] wilfully applies to any article or substance a warranty or certificate of analysis given in relation to any other article or substance shall be guilty of an offence under this Act. (2) A person who, in respect of any article or substance sold by him, being an article or substance in respect of which a warranty might be pleaded under section fifty-two, gives to the purchaser a false warranty in writing, shall be guilty of an offence under this Act, unless he proves that when he gave the warranty he had reason to believe that the statements or descriptions contained thereon were accurate. (3) Where the defendant in a prosecution under this Act [or any regulations made thereunder] relies successfully on a warranty given to him or to his employer, any prosecution under sub-section (2) in respect of the warranty may be brought either before a court having jurisdiction in the place where a sample of the article or substance to which the warranty relates was procured, or before a court having jurisdiction in the place where the warranty was given. Disputes as to compensation under Part I. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 54 54.(1) Where by Part I provision is made for the payment of compensation to any person any dispute arising as to the fact of damage or loss, or as to the amount of compensation, shall, subject to sub-section (2), be determined by a single arbitrator appointed by agreement between the parties, or, in default of agreement, by the Minister of Health and Local Government; and the provisions of the Arbitration Act (Northern Ireland), 1937, shall apply accordingly. (2) If the compensation claimed does not exceed (a)fifty pounds, all questions as to the fact of damage or loss, liability to pay compensation and the amount of compensation may on the application of either party be determined by, and any compensation may be recovered before, a court of summary jurisdiction; (b)three hundred pounds, all questions referred to in paragraph (a) may on the application of either party be determined by, and any compensation may be recovered before, a county court. Right to carry on business pending appeal. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 55 55.(1) Where (a)a decision of a [district council] under this Act, or under any regulations made thereunder, refusing, cancelling, suspending, or revoking, registration or a licence; or (b)a decision of a court of summary jurisdiction on appeal against any such decision; (i)to carry on any business which he, or his immediate predecessor in the business, was lawfully carrying on at the date when the decision of the [council] was given; or (ii)to use any premises for any purpose for which he, or his immediate predecessor in the business, was lawfully using those premises at the said date; (2) Sub-section (1) shall apply also where an order of a court made under section fourteen makes it unlawful for a person to use any premises for the purpose of a business carried on at those premises immediately before the making of that order. Temporary continuance of licence on death. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 56 56. Where a person who holds a licence under any regulations made under this Act dies, the licence shall, unless previously revoked or cancelled, enure for the benefit of his personal representative, or of his widow or any other member of his family, until the expiration of (a)two months from his death; or (b)such longer period as the licensing authority may allow. Application to Crown. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 57 57.(1) The Governor may by Order in Council provide for the application to the Crown of such of the provisions of this Act and of any regulations or order made thereunder as may be specified in the Order, with such exceptions, adaptations and modifications as may be so specified. (2) Without prejudice to the generality of sub-section (1), an Order made under this section may make special provision for the enforcement of any provisions applied by the Order, and where any such provision imposes a liability on a person by reason that he is (a)the owner or occupier of premises; or (b)the owner of a business; or (c)the principal on whose behalf any transaction is carried out; (3) An Order in Council made under this section shall be subject to negative resolution. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 58 Application of Act for purposes of importation orders and regulations. 58. The provisions of the Second Schedule shall apply for the purposes of the enforcement and execution of any order or regulation made under the Food and Drugs Act, 1955, and applying to Northern Ireland. S.59 rep. by SRO (NI) 1973/211 FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 60 Notices, etc., to be in writing; forms of notices, etc. 60.(1) All notices, consents and other documents authorised or required by or under this Act to be given by a [district council], and all notices and applications authorised or required by or under this Act to be made to, or to any officer of, a [district council], shall be in writing. (2) The form of any notice, certificate or other document to be used for any of the purposes of this Act shall be such as may be prescribed. S.61 rep. by SRO (NI) 1973/211 FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 62 Proof of resolutions, etc. 62. In any proceedings under this Act [or any regulations made thereunder] a document purporting to be certified by the [clerk of a district council] as a copy of (a)a resolution passed or order made by that [council] on a specified date; or (b)the appointment of, or any authorisation given to, an officer of that [council] on a specified date; Protection for officers acting in good faith. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 63 63.(1) An officer of a [district council] shall not be personally liable in respect of any act done by him in the execution or purported execution of this Act and within the scope of his employment, if he did that act in the honest belief that his duty under this Act required or entitled him to do it. (2) Nothing in sub-section (1) shall be construed as relieving a [district council] from any liability in respect of acts of their officers. (3) Where (a)an action has been brought against an officer of a [district council] in respect of an act done by him in execution or purported execution of this Act; and (b)the circumstances are such that he is not legally entitled to require the [council] to indemnify him; (i)the act complained of was within the scope of his employment; and (ii)his duty under the Act required or entitled him to do it. (4) For the purposes of this section (a)a public analyst appointed by a [district council], whether or not he is employed full-time; and (b)a person approved by the Ministry for the purposes of sub-section (4) of section thirty-four; Default of district councils. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 64 64.(1) If the Ministry, after communication with a [district council], is of opinion that the [council] have failed to exercise any of their functions under this Act, the Ministry may by order empower an officer of the Ministry to exercise, or procure the exercise of, that function. (2) Any expenses incurred by the Ministry or by an officer of the Ministry under any order made under sub-section (1) shall, in the first instance, be defrayed out of moneys provided by Parliament but (a)the amount of those expenses as certified by the Ministry shall, on demand, be paid to the Ministry by the [district council]; (b)any sum demanded under paragraph (a) shall be recoverable by the Ministry from the [district council] as a civil debt due to the Crown. Para.(c) rep. by SRO (NI) 1973/211 (3) Nothing in this section shall affect any other power exercisable by the Ministry with respect to defaults of [district councils]. Powers under Act to be cumulative. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 65 65. All functions conferred by this Act shall be deemed to be in addition to, and not in derogation of, any other functions conferred by any enactment, law or custom, and, subject to any repeal effected by, or other express provision of, this Act, all such other functions may or, as the case may be, shall, be exercised in the same manner as if this Act had not been passed. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 66 Judges and justices of the peace not to be disqualified by liability to rates. 66. A judge of any court or a justice of the peace shall not be disqualified from acting in cases arising under this Act by reason only of his being as one of several ratepayers, or as one of any other class of persons, liable in common with others to contribute to, or to be benefited by, any rate or fund out of which any expenses of a [district council] are to be defrayed. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 67 Power of Ministry to hold inquiries and investigations. 67. The Ministry may cause inquiries or investigations to be held in any case where it appears to the Ministry advisable to do so in connection with any matter arising under this Act. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 68 Orders and regulations. 68.(1) The Ministry may make regulations prescribing anything which is to be prescribed under this Act. (2) Before making any regulations under this Act, and before making an order under section five or section eighteen the Ministry shall, subject to sub-section (3), consult with such organisations as appear to the Ministry to be representative of interests substantially affected by the regulations or by the order. (3) Sub-section (2) shall not apply in relation to the making of regulations which reproduce, without substantive modification, any provisions in force immediately before the tenth day of December, nineteen hundred and fifty-six. (4) Regulations made under this Act may, without prejudice to the generality of the provisions under which they are made, (a)modify for the purposes of the regulations any provisions of this Act relating to the procuring, analysis and examination of samples; (b)apply, as respects matters to be dealt with by the regulations, any provision in any Act (including this Act) dealing with the like matters, with the necessary modifications and adaptations; (c)provide for an appeal to a court of summary jurisdiction against any refusal or other decision of an authority by whom the regulations are to be enforced and executed, and for a further appeal to the county court from any decision of a court of summary jurisdiction on any such appeal; (d)authorise the making of charges for the purposes of the regulations, or for any services performed thereunder, and provide for the recovery of charges so made; (e)contain provisions for imposing on persons offending against the regulations penalties not exceeding the maximum penalties specified in section forty-five; (f)require persons carrying on any activity to which the regulations apply to keep and produce records and furnish returns; (g)make such consequential, ancillary and incidental provisions as appear to the Ministry to be necessary or desirable. (5) Sub-section (4) shall apply to an order made under section five or section twenty-nine as it applies to regulations made under this Act. (6) Any regulations made under this Act shall be subject to negative resolution.[ FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 68A Regulations for application of Community provisions. 68A.(1) The Ministry may, as respects any directly applicable Community provision relating to food for which, in its opinion, it is appropriate to make provision under this Act, by regulations make such provision as it considers necessary or expedient for the purpose of securing that the Community provision is administered, executed and enforced under this Act, and may apply such of the provisions of this Act as may be specified in the regulations in relation to the Community provision with such modifications, if any, as may be so specified. (2) For the purpose of complying with any Community obligation, or for conformity with any provision made for that purpose, the Ministry may by regulations make provision as to (a)the manner of sampling any food specified in the regulations, and the manner in which samples are to be dealt with; and (b)the method to be used in analysing, testing or examining samples of any food so specified; Expenses. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 69 69.Subs.(1) rep. by SLR 1976; subs.(2) rep. by SRO (NI) 1973/211 (3) Any expense incurred under this Act by a sampling officer in procuring samples and causing samples to be analysed shall be defrayed by the authority whose officer he is. Interpretation. 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 FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 72 Repeal or amendment of local enactments. 72.(1) The Ministry may, on the application of [a district council], by order wholly or partially repeal or amend any local enactment which is in force in the [district of that council], or in any part thereof, and which relates to the subject matter of this Act or of any order or regulation made thereunder. (2) An order made under sub-section (1) shall be subject to affirmative resolution. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 73 Savings. 73.Subs.(1) rep. by SLR 1973 (2) In the application of section twenty-nine of the Interpretation Act (Northern Ireland), 1954, to any repeal made by or under this Act, sub-section (1) and paragraph (a) of sub-section (3) shall have effect with the omission of the word "statutory" wherever that word occurs. FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 74 1954 c.33 74.(1) This Act may be cited as the Food and Drugs Act (Northern Ireland), 1958. (2) Commencement. 1.(1) In this Schedule "the Act of 1955" means the Food and Drugs Act, 1955; "the Minister" means the Minister of Agriculture, Fisheries and Food; "order" and "regulations" mean, respectively, an order or regulations made under the Act of 1955 and applying to Northern Ireland; "ship" includes any boat or craft. (2) In any provision of this Act applied for the purpose of the enforcement and execution of any order or regulation the expression "sampling officer" shall include an officer authorised in that behalf by the Minister. 2. It shall be the duty of the Minister to enforce and execute the provisions of any order. 3. For the purpose of ascertaining whether there is or has been any contravention of the provisions of any order or regulations an inspector of the Minister shall have the like powers of entry as are exercisable under section forty-one and section forty-two by an authorised officer of a [district council]; and in relation to any such inspector the reference in sub-section (3) of section forty-one to the [council] shall be construed as a reference to the Minister. 4.(1) Without prejudice to the application of sub-sections (2) and (3) of section twenty of the Interpretation Act (Northern Ireland), 1954 (which relate to offences committed by bodies corporate), in relation to offences under this Act, or any regulations, order or byelaw made thereunder, sub-section (2) of the said section twenty shall, with the omission of the words "subject to sub-section (3)", apply in relation to offences committed by bodies corporate against any provision of any order or regulations. (2) In the application by sub-paragraph (1) of sub-section (2) of section twenty of the said Act of 1954 the expression "director", in relation to any body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by the members thereof, means a member of that body corporate. 5.(1) The Minister may, where he is of opinion that the general interests of consumers are affected, institute proceedings for an offence against any provision of regulations made under section four or section seven of the Act of 1955, other than any such provision which it is the duty of a [district council] to enforce and execute. (2) A [district council] shall not, except so far as may be otherwise prescribed by regulations made under section seven of the Act of 1955, institute proceedings for an offence against any provision of those regulations unless they have given to the Minister fourteen days' notice of their intention to institute the proceedings, together with a summary of the facts on which the charge is founded. (3) A certificate of the Minister that the requirements of sub-paragraph (2) have been complied with in relation to any proceedings shall be conclusive evidence that they have been complied with in relation thereto; and any document purporting to be such a certificate as aforesaid and to be signed by or on behalf of the Minister shall be deemed to be such a certificate until the contrary is shown. 6.(1) A person against whom proceedings are brought in respect of a contravention of any order or regulation shall upon complaint duly made by him, and on giving not less than three clear days' notice of his intention, be entitled to have brought before the court in the proceedings any person to whose act or default he alleges that the contravention of the provisions in question was due, and the following provisions of this paragraph shall have effect accordingly. (2) Where, in accordance with sub-paragraph (1), another person has been brought before the court and (a)the contravention of the provisions in question has been proved; and (b)the original defendant proves that the contravention was due to the act or default of that other person; (3) Where (a)another person brought before the court in accordance with sub-paragraph (1) has been convicted of the offence in accordance with sub-paragraph (2); and (b)the original defendant proves that he used all due diligence to secure that the provisions in question were complied with; (4) Where a defendant seeks to avail himself of the foregoing provisions of this paragraph (a)the prosecution, as well as the person whom the defendant charges with the offence, shall have the right to cross-examine him, if he gives evidence, and any witness called by him in support of his pleas, and to call rebutting evidence; (b)the court may make such order as it thinks fit for the payment of costs by any party to the proceedings to any other party thereto. (5) Where it appears to the Minister or, as the case may be, a [district council] that an offence against any provision of an order or regulation has been committed in respect of which proceedings might be taken against some person, and the Minister or the [council] are reasonably satisfied that (a)the offence was due to an act or default of some other person; and (b)the first-mentioned person could establish a defence in accordance with the foregoing provisions of this paragraph; 7. The provisions of this Act which are specified in the first column of the following Table shall, subject to the modifications specified in relation thereto in the second column of that Table, apply for the purposes of the enforcement and execution of any order or regulation. "(4A) Without prejudice to sub-section (4) a sampling officer (a)may take a sample of milk while at any dairy, or while deposited for collection, or at any time before it is delivered to a consumer in pursuance of a sale by retail; (b)may, at the request of a person to whom any food or substance is, or is to be, delivered in pursuance of a contract of sale, take a sample of that food or substance in the course of delivery, or at the place of delivery."; "(5) Except as provided by sub-section (4A), or with the consent of the purchaser, a sampling officer shall not take a sample of any food or substance which appears to him to have been sold by retail, either while the food or substance is in the course of delivery to the purchaser, or at any time after such delivery; and nothing in this section shall authorise a sampling officer to take a sample of any food or substance in a ship (not being a home-going ship within the meaning of the Food and Drugs Act, 1955) or in any aircraft, other than food imported as part of the cargo of that ship or aircraft.". (7): "(1A) An authorised officer of a [district council] shall, on producing if so required, some duly authenticated document showing his authority, have a right at all reasonable hours to enter any ship or aircraft for the purpose of ascertaining whether there is in the ship or aircraft any food imported as a part of the cargo in contravention of the provisions of regulations made under Part I of the Food and Drugs Act, 1955, and applying to Northern Ireland, being provisions which the [district council] are required or empowered to enforce.". "(2) Sub-sections (3) to (5) of section forty-one shall apply in relation to any ship, aircraft, vehicle, stall or place which may be entered under the powers conferred by sub-sections (1) and (1A) of this section, and as if any reference to the occupier of premises were a reference to the master, commander or other person in charge of the ship, aircraft, vehicle, stall or place.". Third and Fourth Schedules rep. by SLR 1973 1954 c.33

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Statutes of Northern Ireland