Legalize / United Kingdom / Public General Act

Food Act 1984

Type Public General Act

Publication 1984-06-26

Last updated 2025-08-18

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

“licence held by a retailer for a specified area” means a licence authorising the use of a special designation held by a person carrying on a business which includes any sales which are sales for the purpose of which the use of a special designation is obligatory by virtue of this Part and are of milk in relation to which that licence authorises the use of a special designation;

“licensing authority” means, in relation to a grant of a licence authorising the use of a special designation, the authority having power to grant the licence by virtue of Milk (Special Designation) Regulations, and, in relation to such a licence which has been granted, the authority who would for the time being have power by virtue of such regulations as mentioned above to grant a licence by way of its renewal if it had expired;

“milk” means cows’ milk, excluding not only condensed milk and dried milk, but also cream and separated, skimmed and evaporated milk, and butter milk;

“selling” means selling in the course of a business and includes, in relation to milk, supplying it under arrangements for free supply, and, in relation to milk and things made from milk or of which milk is an ingredient, supplying it or them, in the course of any business otherwise than under such arrangements; and references to sales and contracts of sale and sellers shall be construed accordingly;

“selling milk by retail” means selling it—

(a) to any person other than a milk dealer (that is, a person who carries on a business which consists of or comprises the selling of milk) or a manufacturer of milk products (that is, a person who carries on a business which consists of or comprises the making of things made from milk or of which milk is an ingredient), or

(b) to such a dealer or manufacturer otherwise than for the purposes of his business as such;

“specified area” has the meaning given by section 40(2);

“supplying under arrangements for free supply” means, in relation to any milk, supplying it, free from any payments made or to be made by the person to whom it is supplied, under arrangements made in exercise of powers in that behalf conferred by section 78(2) of the Education Act 1944, or section 22 of the Education Act 1980, or any regulation under the Emergency Laws (Re-enactments and Repeals) Act 1964; and references to a person’s buying milk include references to his having it supplied to him under such arrangements.

Cream substitutes

Misuse of designation "cream"

48

(1) A person is guilty of an offence who sells, or offers or exposes 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,

under a description or designation which includes the word “cream” (whether or not as part of a composite word).

(2) Subsection (1) does not apply to the sale, or offer or exposure for sale—

(a) 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

(b) 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) 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,

and “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 which are neither prohibited by regulations made for the purposes of this section under section 4, nor added in quantities so prohibited.

(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.

Reconstituted cream

49

Such of the following provisions as apply in relation to cream—

(a) any provision of this Part,

(b) any provisions of Milk and Dairies Regulations, other than provisions relating to the registration of dairymen and dairies, and

also apply in relation to reconstituted cream as defined by section 48, save as otherwise expressly provided.

Part III — Markets

Establishment or acquisition

50

(1) A local authority may—

(a) establish a market within their area;

(b) acquire by agreement (but not otherwise), either by purchase or on lease, the whole or any part of an existing market undertaking within their area, and any rights enjoyed by any person within their area in respect of a market and of tolls,

and, in either case, may provide—

(i) a market place with convenient approaches to it;

(ii) a market house and other buildings convenient for the holding of a market.

(2) A market shall not be established in pursuance of this section so as to interfere with any rights, powers or privileges enjoyed within the authority’s area in respect of a market by any person, without that person’s consent.

(3) For the purposes of subsection (2), a local authority shall not be regarded as enjoying any rights, powers or privileges within another local authority’s area by reason only of the fact that they maintain within their own area a market which has been established under paragraph (a) of subsection (1) or under the corresponding provision of any earlier enactment

Power to sell to local authority

51

(1) The owner of a market undertaking, or of any rights in respect of a market and of tolls, whether established under, or enjoyed by virtue of, statutory powers or not, may sell or lease to a local authority the whole or any part of his market undertaking or rights, but subject to all attached liabilities.

(2) A sale by a . . . company under this section must be authorised—

(a) if the company is a company within the meaning of the Companies Act 1985, by special resolution;

(b) if the company is not such a company, by a resolution passed by three-fourths in number and value of the members present, either personally or by proxy, at a meeting specially convened for the purpose with notice of the business to be transacted.

Market days and hours

52

A market authority may appoint the days on which, and the hours during which, markets are to be held.

Charges

53

(1) A market authority may demand in respect of the market, . . . , such charges as they may from time to time determine.

(2) A market authority who provide—

(a) a weighing machine for weighing cattle, sheep or swine; or

(b) a cold air store or refrigerator for the storage and preservation of meat and other articles of food,

may demand in respect of the weighing of such animals or, as the case may be, the use of the store or refrigerator such charges as they may from time to time determine.

(3) The authority—

(a) shall keep exhibited in conspicuous places in the market place, and in any market house, tables stating in large and legibly printed characters the several charges payable under this Part; and

(b) shall keep so much of the tables as relates to charges payable . . . in respect of the weighing of animals, conspicuously exhibited at every weighing machine provided by them in connection with the market for the purpose.

(4) A person who demands or accepts a charge greater than that for the time being authorised shall be liable to a fine not exceeding level 2 on the standard scale.

(5) Nothing in this section applies in relation to rents charged by a market authority in respect of the letting of accommodation within their market for any period longer than one week.

Time for payment of charges

54

(1) Charges payable in respect of the market shall be paid from time to time on demand to an authorised market officer.

(2) Charges payable in respect of the weighing of cattle, sheep or swine shall be paid in advance to an authorised market officer by the person bringing the animals to be weighed.

(3) Charges payable in respect of animals brought to the market for sale shall be payable, and may be demanded by an authorised market officer—

(a) as soon as the animals in respect of which they are payable are brought into the market place, and

(b) before they are put into any pen, or tied up in the market place,

but further charges shall be payable and may be demanded in respect of any of the animals which are not removed within one hour after the close of the market.

Recovery of charges

55

If a person liable to pay any charge authorised under this Part does not pay it when lawfully demanded, the market authority may, by any authorised market officer, levy it by distress—

(a) of all or any of the animals, poultry or other articles in respect of which the charge is payable, or

(b) of any other animals, poultry or articles in the market belonging to, or in the charge of, the person liable,

and any such charge may also be recovered either summarily as a civil debt or in any court of competent jurisdiction.

Prohibited sales in market hours

56

(1) A person (other than a pedlar holding a certificate under the Pedlars Act 1871) who on a market day and during market hours sells or exposes for sale any articles—

(a) which are specified in a byelaw made by the market authority, and

(b) which are commonly sold in the market,

and such sale or exposure for sale—

(i) is in any place within the authority’s area, and

(ii) is within such distance from the market as the authority may by byelaw declare,

is liable to a fine not exceeding level 2 on the standard scale.

This subsection does not apply to a sale or exposure for sale in a person’s own dwelling place or shop, or in, or at the door of, any premises to a person resident in those premises.

(2) The market authority shall keep exhibited in conspicuous positions in the vicinity of the market notices stating the effect of any byelaw made under this section.

Weighing machines and scales

57

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A market authority in whose market cattle, sheep or swine are sold shall, unless there is in force an order of the Minister declaring that the circumstances are such as to render compliance with this subsection unnecessary—

(a) provide to that Minister’s satisfaction one or more weighing machines adapted for weighing such animals; and

(b) appoint officers to attend to the weighing of such animals.

A weighing machine provided under this subsection shall for the purposes of section 1 of the Markets and Fairs (Weighing of Cattle) Act 1926, be deemed to have been provided for the purpose of complying with the provisions of the principal Act referred to in that Act of 1926.

Weighing of articles

58

Information for market officer

59

The person in charge of any vehicle in which, and any other person by whom, animals, poultry or other articles are brought for sale in the market shall give to any authorised market officer such information—

(a) as to their number and kind, or

(b) in the case of articles on which charges are made by reference to weight, as to their weight,

as that officer may require.

Market byelaws

60

A local authority who maintain a market, whether or not they are a market authority within the meaning of this Act, may make byelaws—

(a) for regulating the use of the market place, and the buildings, stalls, pens and standings in that market place;

(b) for preventing nuisances or obstructions in the market place, or in the immediate approaches to it;

(c) for regulating porters and carriers resorting to the market, and fixing the charges to be made for carrying articles from the market within the district.

(d) after consulting the fire and rescue authority ..., for preventing the spread of fires in the market.

Interpretation of Part III, and exclusion of City of London

61

In this Part, unless the context otherwise requires—

“authorised market officer” means an officer of a market authority specially authorised by them to collect charges in their market,

“charges” includes stallage or tolls,

“fire and rescue authority” in relation to a market, means—where the Regulatory Reform (Fire Safety) Order 2005 applies to the market, the enforcing authority within the meaning given by article 25 of that Order; orin any other case, the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the market is situated.

“food” has the same meaning as in the Food Safety Act 1990;

“local authority” means a district council, a London borough council or a parish council but, in relation to Wales, means a county council, county borough council or community council;

“market authority” means a local authority who maintain a market which has been established or acquired under section 50(1) or under the corresponding provisions of any earlier enactment.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV

Application of Part IV

62

Public notice of application of Part IV

63

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration of food hawkers, and their premises

64

Contravention of s.64, and defence

65

Application for registration

66

Interpretation of Part IV, and exemptions

67

Part V — Sugar Beet and Cold Storage

Ministerial functions as to sugar beet

Research and education

68

(1) The appropriate Minister, after consultation with the processors of home-grown beet and with any body which in that Minister’s opinion is substantially representative of growers of home-grown beet—

(a) shall prepare for each year a programme for carrying out research and education in matters affecting the growing of home-grown beet; and

(b) may by order provide for carrying any such programme into effect.

(2) Any such programme for any year shall contain an estimate of the amount of the expenditure to be incurred in carrying it out; and any order made for carrying such a programme into effect shall, in particular, provide—

(a) for assessing the contributions towards defraying such expenditure to be made by the processors of home-grown beet and by every grower of home-grown beet who delivers beet to the processors of home-grown beet in that year; and

(b) for the collection of such contributions and the recovery of unpaid contributions by the appropriate Minister.

(3) All contributions paid in accordance with an order under subsection (1) shall be paid into a research and education fund.

(4) All expenditure certified by the appropriate Minister to have been properly incurred in carrying out any programme prepared under this section (including expenditure incurred by him or on his behalf) shall be defrayed out of the fund mentioned in subsection (3).

(5) That fund shall be under the Minister’s control; and an account showing the revenue and expenditure of the fund for any year shall, not later than 30th November in the year following that to which it relates, be transmitted by the Minister to the Comptroller and Auditor General, who shall examine and certify the account and lay copies of it, together with his report on it, before Parliament.

(5A) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) In this section—

“the appropriate Minister”—

(a) in relation to a programme or order extending to the whole of Great Britain, means the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly,

(b) in relation to a programme or order extending only to England and Wales, means the Minister and the Secretary of State, acting jointly,

“ year ” means a period of 12 months beginning with 1st April;

and in this section and sections 69 and 69A “ home-grown beet ” means sugar beet grown in Great Britain

Crop price

69

(1) If as regards the home-grown beet crop for any year it is made to appear to the Ministers—

(a) by the processors of home-grown beet, or

(b) by a body which is in their opinion substantially representative of the groers of home-grown beet,

that the processors and that body are unable to agree on the prices and other terms and conditions for the purchase of home-grown beet by the processors, the Ministers may determine or designate a person to determine those prices, terms and conditions.

(2) Any purchase by processors for which prices, terms and conditions have been so determined, or contract for such a purchase, shall take effect as a purchase or contract for purchase at those prices and on those terms and conditions.

(3) In this section and section 69A -“home-grown beet” means sugar beet grown in Great Britain; and “the Ministers” means the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly.

Cold storage

Provision of cold storage

70

(1) A local authority who have provided or are about to provide a market may—

(a) provide a cold air store or refrigerator for the storage and preservation of meat and other articles of food; and

(b) make charges in respect of the use of any such store or refrigerator.

(2) Any proposal by a local authority to provide under this section a cold air store or refrigerator within the district of another local authority requires the consent of that other authority.

(3) Such consent shall not be unreasonably withheld and any question whether or not the consent of an authority for the purposes of subsection (2) is unreasonably withheld shall be referred to and determined by the Minister.

(4) Subsections (1) to (5) of section 250 of the Local Government Act 1972 (which relate to local inquiries) shall apply for the purposes of this section as if any reference in those subsections to that Act included a reference to this section.

Part VI — Administration, Enforcement and Legal Proceedings

Administration

Food and drugs authorities

71

The food and drugs authority shall continue to be—

(a) in England, for each county and London borough, the council of that county or borough, and for the City of London and the Inner Temple and the Middle Temple, the Common Council of the City of London;

(b) in Wales, the county council.

Local authorities for purposes of this Act

72

In this Act, except in sections 44 and 45, “local authority” means—

(a) as respects the City of London, the Common Council;

(b) as respects the Inner Temple and the Middle Temple, the Sub-Treasurer and the Under Treasurer respectively; and

Meaning of "authorised officer"

73

(1) “Authorised officer”, where used in this Act in relation to a council—

(a) means an officer of the council authorised by them in writing, either generally or specially, to act in matters of any specified kind or in any specified matter; and

(b) for the purposes of any provision of this Act relating to the taking of samples, includes a police constable so authorised with the approval of the police authority concerned.

(2) No officer of a council shall be authorised under this Act to act in relation to the examination and seizure of meat unless he is a person having such qualifications as may be prescribed by regulations made by the Ministers.

Duty to enforce

74

(1) The Minister shall enforce and execute the provisions of the sections, orders and regulations specified in paragraph 1 of Schedule 6, and the food and drugs authorities shall enforce and execute the provisions of the sections and regulations specified in paragraph 2 of that Schedule.

(2) It is the duty of every local authority to enforce and execute in their district the provisions of any section of this Act with respect to which the duty is not expressly, or by necessary implication, imposed on some other authority.

(3) Regulations made under Part I, Milk and Dairies Regulations and Milk (Special Designation) Regulations shall specify the authorities by whom they are to be enforced and executed, being—

(a) in the case of regulations made under Part I, county councils, local authorities, food and drugs authorities, port health authorities, or the Commissioners of Customs and Excise,

(b) in the case of Milk and Dairies Regulations and Milk (Special Designation) Regulations, county councils, local authorities, food and drugs authorities, or port health authorities,

and any regulations to which this subsection applies may provide for the giving of assistance and information, by any authority concerned in the administration of the regulations, or of this Act, to any other authority so concerned, for the purposes of their respective duties under them.

This subsection does not apply to the enforcement and execution of so much of any regulations made under Part II as is, by virtue of subsection (1), enforceable by the Minister.

(4) Subsection (3) applies to Northern Ireland so far as it relates—

(a) to those regulations and orders made under Part I which apply to Northern Ireland; and

(b) to the enforcement and execution of those regulations and orders,

and accordingly that subsection is modified—

(i) by the substitution in paragraph (a) of the words “district councils” for “county councils, local authorities, food and drugs authorities, port health authorities”; and

(ii) by the construction of the reference to any authority concerned in the administration of this Act as a reference to any authority concerned in the administration of any corresponding Northern Ireland enactment.

Joint boards

75

An order made by the Secretary of State under section 6 of the Public Health Act 1936 may constitute a united district for the purposes of any functions under this Act which are functions of a local authority, whether as a food and drugs authority or otherwise.

Sampling and analysis

Public analysts

76

(1) Every food and drugs authority shall appoint in accordance with this section one or more persons (in this Act called “public analysts”) to be analysts of food and drugs within their area.

(2) No person shall be appointed a public analyst unless he possesses either—

(a) the qualifications prescribed by regulations made by the Ministers, or

(b) such other qualifications as the Ministers may approve,

and no person shall be appointed public analyst for any area who is engaged directly or indirectly in any trade or business connected with the sale of food or drugs in that area.

(3) A food and drugs authority shall pay to a public analyst such remuneration as may be agreed, which may be expressed to be payable either—

(a) in addition to any fees received by him under this Part; or

(b) on condition that any fees so received by him are paid over by him to the authority.

(4) A food and drugs authority 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—

(a) the provisions of this section with respect to the qualifications, appointment, removal and remuneration of a public analyst shall apply also in relation to a deputy public analyst; and

(b) any reference in the following provisions of this Act to a public analyst shall be construed as including a reference to a deputy public analyst appointed under this subsection.

Facilities for examination

77

A county council or local authority may provide facilities for bacteriological and other examinations of samples of food and drugs.

Powers of sampling

78

(1) An authorised officer of a 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 called a “sampling officer”.

(2) A sampling officer may purchase samples of any food or of any substance capable of being used in the preparation of food.

(3) 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, or to have been sold, for human consumption; or

(b) is found by him on or in any premises, stall, vehicle, ship, aircraft or place which he is authorised to enter for the purposes of the execution of this Act.

(4) Without prejudice to subsection (3), 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) A sampling officer who under this section takes a sample of the milk of any cows at a dairy may take such steps at the dairy as may be necessary to satisfy himself that the sample is a fair sample of the milk of the cows when properly and fully milked.

(6) Except as provided by subsection (4), or with the purchaser’s consent, a sampling officer shall not take a sample of any food or substance which appears to him to have been sold by retail, either—

(a) while the food or substance is in the course of delivery to the purchaser, or

(b) 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) or in any aircraft, other than food imported as part of the cargo of that ship or aircraft.

(7) The powers of taking samples of milk which are conferred on a sampling officer by subsections (3) to (6) shall be exercisable throughout any county by an authorised officer of the county council, whether or not the council is the food and drugs authority for the whole county.

(8) Any power of an authorised officer in respect of procuring samples of milk may be exercised at a place outside the area of the council whose officer he is, if the food and drugs authority of the area within which that place is situated have consented to samples of milk being procured within their areas by officers of the first-mentioned council, and, for the purposes of this Act, any samples so procured shall be deemed to have been procured within the area for which the officer in question acts.

A food and drugs authority shall not unreasonably withhold their consent for the purposes of this subsection; and any question whether or not such consent is unreasonably withheld shall be referred to and determined by the Secretary of State.

Right to have samples analysed

79

(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 area 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 area 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, in the case of a sample submitted by a person not being an officer of the food and drugs authority, demand in advance the payment of such fee as may be fixed by the authority.

(4) If—

(a) the office of public analyst for the area in question is vacant, or

(b) the public analyst determines that he is for any reason unable to perform an effective analysis,

the sample shall be submitted or, as the case may be, sent by the public analyst to whom it was originally submitted, to the public analyst for some other area, and he shall, upon payment to him of such sum as may be agreed, analyse the sample.

(5) A public analyst who has analysed a sample shall give to the person by whom it was originally submitted a certificate specifying the result of the analysis; and any such certificate shall be in a form prescribed by regulations made by the Ministers.

(6) Any certificate of the results of an analysis given by a public analyst in pursuance of this section shall be signed by the public analyst, but the analysis may be made by any person acting under the direction of the analyst.

Samples taken for analysis

80

(1) A sampling officer who purchases or takes a sample of any food or substance for the purpose of analysis by a public analyst shall deal with the sample in accordance with Part I of Schedule 7.

(2) Part I of that Schedule applies 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 it applies in relation to the purchase of samples by a sampling officer; and references in that Part to a sampling officer shall be construed accordingly.

(3) 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 Part I of Schedule 7) 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—

(a) that the sample has been procured by the officer; and

(b) where the sample was taken or, as the case may be, from whom it was purchased.

(4) Where a sample taken or purchased by a sampling officer has been analysed by a public analyst, any person to whom a part of the sample was given under Part I of Schedule 7 shall be entitled, on payment to the authority by whose officer the sample was procured of a fee of 5p to be supplied with a copy of the certificate given by the public analyst under section 79(5).

Sampling of milk

81

(1) The provisions of this Act relating—

(a) to the procuring of samples by a sampling officer, and

(b) to connected proceedings,

have in relation to milk effect subject to Part II of Schedule 7.

(2) Where milk sold or exposed for sale within the area of any council is obtained from a dairy outside that area—

(a) the proper officer or any other authorised officer of the council may by written notice to the proper officer or other authorised officer of a food and drugs authority within whose area the dairy is situated, or through whose area the milk is transported, request him to procure samples of the milk, and

(b) it is the duty of an officer who receives such a notice to procure, as soon as is practicable, samples of the milk in question and to forward those samples to the officer who gave the notice, or to such person as that officer may direct,

and for the purposes of this Act samples so procured shall be deemed to have been procured within the area for which the officer who gave the notice acts.

(3) So much of any contract as requires a purveyor of milk, on a sample of milk being procured under this Act—

(a) to send to the person from whom he obtained the milk any part of that sample, or

(b) to give to that person notice that a sample has been so procured,

shall be void.

(4) It is a defence for a person charged with an offence under this Act, or regulations made under this Act, in respect of a sample of milk taken after the milk has left his possession, to prove—

(a) that the churn or other vessel in which the milk was contained was effectively closed and sealed at the time when it left his possession; and

(b) that it had been opened before the person by whom the sample was taken had access to it.

Sampling powers of Minister's inspectors

82

The powers of sampling officers to take samples under section 78 may be exercised also, in relation to milk—

(a) in any case, by an inspector of the Minister, and

(b) for purposes connected with the enforcement of any provisions which, by virtue of section 74, are enforceable by the Minister, by an authorised officer of his,

and references to a sampling officer in section 78(6), in section 80, and in Part I of Schedule 7, shall be construed accordingly.

Minister's power of direction

83

(1) The Minister may, in relation to any matter appearing to him to affect the general interests of consumers or the general interests of agriculture in the United Kingdom, direct an officer of his department to procure samples of any specified food, and upon that direction the officer shall have all the powers of a sampling officer, and this Act shall apply as if he were a sampling officer, except that—

(a) if he intends to submit any sample procured by him to be analysed, he shall divide it into four parts, and shall deal with three of those parts in the manner directed by Part I of Schedule 7, and send the fourth part to the Minister; and

(b) any fee for analysis shall be payable to the analyst by the food and drugs authority of the area in which the sample is procured.

(2) The Minister shall communicate the result of the analysis of any such sample to the food and drugs authority, and upon that communication the authority shall have the like duty to cause proceedings to be taken as if one of their officers had procured the sample and sent it to be analysed.

Where division not practicable

84

Where a 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,

the provisions of Part I of Schedule 7, or of section 83, as the case may be, with respect to the division of samples into parts shall be deemed to be complied with if the person procuring the sample divides the containers into the requisite number of lots and deals with each lot as if it were a part in the manner provided by those provisions; and references in this Act to a part of a sample shall be construed accordingly.

Examination of food not for sale

85

A local authority may, at the request of a person who has in his possession any food which has not been sold and is not intended for sale, and on payment by that person of such fee, if any, as may be fixed by the authority, arrange to have the food examined.

Quarterly reports of analysts

86

Every public analyst shall, as soon as may be after the last day of March, of June, of September and of December in every year, report to the authority by whom he was appointed the number of articles which have been analysed by him under this Act in his capacity of public analyst for their area during the preceding quarter of a year and the result of each analysis.

Enforcement

Power to enter premises

87

(1) An authorised officer of a 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 under it, 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,

but admission to any premises used only as a private dwelling-house shall not be demanded as of right unless 24 hours’ notice of the intended entry has been given to the occupier.

(2) 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 is mentioned above, 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 the occupier temporarily absent,

the justice may by warrant sisgned by him authorise the council by any authorised officer to enter the premises, if need be by force.

(3) An authorised officer entering any premises by virtue of this section, or of a warrant issued under it, 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.

(4) Every warrant granted under this section shall continue in force for a period of one month.

(5) If any person who, in compliance with this section, or of a warrant issued under it, is admitted into a factory or workplace discloses to any person any information obtained by him in the factory of workplace with regard to any manufacturing process or trade secret, he shall, unless the disclosure was made in the performance of his duty, be liable to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding three months.

(6) Nothing in this section authorises any person, except with the permission of the local authority under the Animal Health Act 1981, to enter any cowshed or other place—

(a) in which an animal affected with any disease to which that Act applies is kept; and

(b) which is situated in a place declared under that Act to be infected with such a disease.

Additional power of entry

88

(1) An authorised officer of a council shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours—

(a) to enter any ship or aircraft for the purpose of ascertaining whether there is in the ship or aircraft any food imported as part of the cargo in contravention of the provisions of regulations made under Part I, being provisions which the council are required or empowered to enforce; and

(b) to enter any vehicle, stall or place other than premises, or any home-going ship, for any purpose for which he is empowered under section 87 to enter premises.

(2) Subsections (2), (3)

and (4) of section 87 apply in relation to any ship, aircraft, vehicle, stall or place which may be entered under the powers conferred by subsection (1) of this section as they apply in relation to premises, 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.

Powers of entry of Ministers' officers

89

(1) An inspector or authorised officer of the Minister and an authorised officer of the Secretary of State, for the purpose of ascertaining whether there is or has been any contravention of the provisions of this Act or of any regulations or order made under it, being provisions which the Minister in question is required or empowered to enforce—

(a) shall have the powers of entry specified in subsection (2); and

(b) an inspector or authorised officer of the Minister shall have those powers for the purpose of taking any sample of milk under section 82.

(2) The powers of entry referred to in subsection (1) are the like powers of entry as are exercisable under section 87 or section 88 by an authorised officer of a council; and in relation to an inspector of officer to whom the subsection applies; the reference in section 87(2) to the council shall be construed as a reference to the Minister or the Secretary of State, as the case may be.

(3) For the purposes of any regulations made under section 13, this section and section 91(1) and (3) have effect as if the Minister as well as the local authority were empowered to enforce those regulations so far as they apply to slaughterhouses and knackers’ yards.

Movement of imported food

90

(1) Without prejudice to any power of examining food which may be conferred by regulations made under Part I, an authorised officer of a port health authority into whose district any food has been imported with a view to sale for human consumption may give directions to the person in possession of the food prohibiting or restricting its removal or delivery—

(a) during any period not exceeding 48 hours; and

(b) if within that period the officer so requires, until that person has notified the officer of the name of the person to whom, and the address to or at which, he proposes to send or deliver the food.

(2) The power conferred by subsection (1) on an authorised officer of a port health authority is exercisable also, in relation to an area not forming part of a port health district, by an authorised officer of a local authority or county council.

(3) A person who fails to comply with any direction given under subsection (1), or who in a notification under it knowingly makes any misstatement, is guilty of an offence.

Obstruction

91

(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 under it, is liable to a fine not exceeding level 5 on the standard scale.

(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 bring the officer such quantity of it as mentioned above; or

(b) the seller or consignor of any article or substance of which an 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,

then, in any of the cases mentioned in those paragraphs, the person concerned shall be treated for the purposes of subsection (1) as having wilfully obstructed the officer; but where any food or substance is exposed for sale in an unopened container duly labelled, no person shall be required to sell it except in the unopened container in which it is contained.

(3) A person who—

(a) fails to give to any person acting in the execution of this Act, or of any regulation, byelaw, order or warrant made or issued under it, any assistance which that person may reasonably request him to give, or

(b) fails to give any information which that person is expressly authorised by this Act to call for or may reasonably require, or

is liable to a fine not exceeding level 5 on the standard scale, except that nothing in this subsection shall—

(i) apply to section 90(3);

(ii) be construed as requiring a person to answer any question or give any information if to do so might incriminate him.

(4) Subsection (3) is without prejudice to so much of section 118 as enables regulations made under this Act, or an order made under section 5, to contain provisions for imposing penalties on persons offending against the regulations or order.

Legal proceedings

Offences triable either way

92

(1) A person guilty of an offence to which this section applies is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum; and

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 2 years or to both.

(2) This section applies to any offence under this Act, except an offence—

(a) under section 65, or

(b) under any provision of this Act specified in section 93(3),

but in the case of an offence under section 5(3) the liability under paragraph (a) of subsection (1) of this section includes a term of imprisonment not exceeding 3 months, or both such a term and the fine mentioned in that paragraph.

Summary offences

93

(1) Any offence to which this section applies is triable summarily.

(2) The offences to which this section applies are—

(a) an offence under any provision of this Act specified in subsection (3);

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The provisions of this Act mentioned in paragraph (a) of subsection (2) are—

(a) . . .

(b) . . .

(d) . . .

(e) . . .

(f) section 53(4);

(g) section 56(1);

(h) . . .

(j) . . .

(k) . . .

(l) . . .

(4) This section applies to Northern Ireland so far as it relates to those regulations and orders made under Part I which apply to Northern Ireland, and to the enforcement and execution of those regulations and orders.

Offences by corporations

94

(1) Where an offence under this Act, or any regulations or order made under this Act, which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) any director, manager, secretary or other similar officer of the body corporate, or

(b) any person who was purporting to act in any such capacity,

he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prosecutions

95

(1) No prosecution for an offence under this Act or regulations made under this Act which is triable either summarily or on indictment shall be begun after the expiry of—

(a) three years from the commission of the offence, or

(b) one year from its discovery by the prosecutor,

whichever is the earlier.

(2) Where a sample has been procured under this Act, no prosecution in respect of the article or substance sampled shall be begun after the expiry of—

(a) 28 days, in the case of a sample of milk,

(b) two months, in any other case,

beginning with the date on which the sample was procured.

(3) Subsection (2) does not apply where the justice of the peace before whom the information is laid certifies that he is satisfied on oath that having regard to the circumstances of the particular case it was not practicable to lay the information at an earlier date; but a prosecution in respect of a sample of milk shall not in any case be begun after the expiry of 42 days beginning with the date on which the sample was procured.

(4) Where a sample has been procured under this Act, any proceedings in respect of the article or substance sampled shall be taken before a court having jurisdiction in the place where the sample was procured; but—

(a) where a sample procured within one area is for the purposes of this Act deemed to have been procured within another area, proceedings may, at the prosecutor’s option, be taken either before a court having jurisdiction in the area within which the sample was procured, or before a court having jurisdiction in the area within which it is deemed to have been procured; and

(b) where the article or substance sampled was sold and actually delivered to the purchaser, proceedings may, if the prosecutor so elects, be taken before a court having jurisdiction at the place of delivery.

(5) In any proceedings under this Act in respect of an article or substance sampled—

(a) the summons shall not be made returnable less than 14 days from the day on which it is served; and

(b) a copy of any certificate of analysis obtained on behalf of the prosecutor, and of any certificate given by a justice under subsection (3), shall be served with the summons.

(6) In any proceedings under this Act, 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.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Notwithstanding subsection (1), a person is not liable to be prosecuted for an offence under this Act or regulations made under this Act which was committed before 1st January 1983.

Proceedings by Government departments and councils

96

Evidence of analysis

97

(1) In any proceedings under this Act, the production by one of the parties—

(a) of a document purporting to be a certificate of a public analyst in the form prescribed under section 79(5), or

(b) of a document supplied to him by the other party as being a copy of such a certificate,

shall be sufficient evidence of the facts stated in it, unless, in the first-mentioned case, the other party requires that the analyst shall be called as a witness.

(2) In any such proceedings, if a sample of milk has been taken by an officer of one authority at the request of an officer of another authority, a document—

(a) which purports to be a certificate signed by the officer who took the sample, and

(b) which states that the provisions of this Act with respect to the manner in which samples are to be dealt with were complied with,

shall, if a copy of it has been served on the defendant with the summons, be sufficient evidence of compliance with those provisions, unless the defendant requires that the officer shall be called for as a witness.

(3) In any such proceedings, if a defendant intends—

(a) to produce a certificate of a public analyst, or

(b) under subsection (1), to require that a public analyst shall be called as a witness, or

notice of his intention, together, in the first-mentioned case, with a copy of the certificate, shall be given to the other party at least three clear days before the day on which the summons is returnable, and, if this requirement is not complied with, the court may, if it thinks fit, adjourn the hearing on such terms as it thinks proper.

(4) Regulations made under section 4 or section 7 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; and in any proceedings under this Act—

(a) for a contravention of any regulations made under either of those sections, or

(b) for an offence under section 2 or section 6,

in respect of any food alleged to contain, or not to contain, any substance specified as mentioned above, or any particular quantity of such a substance, evidence of an analysis carried out by the prescribed method shall be preferred to evidence of any other analysis or test.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Presumptions

98–109

Analysis by Government Chemist

99

(1) The court before which any proceedings are taken under this Act may, if it thinks fit, and upon the request of either party shall, cause the part of any sample produced before the court under section 95(6) to be sent to the Government Chemist, who shall—

(a) make an analysis, and

(b) transmit to the court a certificate of its result,

and the costs of the analysis shall be paid by the prosecutor or the defendant as the court may order.

(2) If, in a case where an appeal is brought, no action has been taken under subsection (1), its provisions 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—

(a) the analysis may be made by any person acting under the direction of the person by whom the certificate is signed; and

(b) any certificate so transmitted by the Government Chemist shall be evidence of the facts stated in it unless any party to the proceedings requires that the person by whom it is signed shall be called as a witness.

Contravention due to another's default

100

(1) A person against whom proceedings are brought under this Act shall—

(a) upon information duly laid by him, and

(b) on giving to the prosecution not less than three clear days' notice of his intention,

be entitled to have any person to whose act or default he alleges that the contravention of the provisions in question was due brought before the court in the proceedings ; and—

(i) if, after the contravention has been proved, the original defendant proves that the contravention was due to the act or default of that other person, that other person may be convicted of the offence; and

(ii) if the original defendant further proves that he has used all due diligence to secure that the provisions in question were complied with, he shall be acquitted of the offence.

(2) Where a defendant seeks to avail himself of the provisions of subsection (1)—

(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 to them.

(3) Where—

(a) it appears to the authority concerned that an offence has been committed in respect of which proceedings might be taken under this Act against some person, and

(b) the authority are reasonably satisfied that the offence of which complaint is made was due to an act or default of some other person and that the first-mentioned person could establish a defence under subsection (1),

they may cause proceedings to be taken against that other person without first causing proceedings to be taken against the first-mentioned person.

In any such proceedings the defendant may be charged with, and, on proof that the contravention was due to his act or default, be convicted of, the offence with which the first-mentioned person might have been charged.

Contravention in Scotland or Northern Ireland

101

(1) Where proceedings are brought against any person (" the defendant") in respect of a contravention of any provision of this Act, or of regulations made under this Act, and it is proved—

(a) that the contravention was due to the act or default of some other person, being an act or default which took place in Scotland or Northern Ireland, and

(b) that the defendant used all due diligence to secure compliance with those provisions,

the defendant shall, subject to subsection (2), be acquitted of the offence.

(2) The defendant shall not be entitled to be acquitted under this section unless within seven days from the date of the service of the summons on him he has given written notice to the prosecution of his intention to rely upon the provisions of this section, specifying the name and address of the person to whose act or default he alleges that the contravention was due, and has sent a like notice to that person.

(3) The person specified in a notice served under this section 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.

(4) Where it is proved that the contravention of the provisions in question was due to the act or default of some person other than the defendant, being an act or default which took place in Scotland or Northern Ireland, the court shall (whether or not the defendant is acquitted) cause notice of the proceedings to be sent to the Minister.

Warranty pleaded as defence

102

(1) In any proceedings for an offence under this Act, or any regulations made under this Act, 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 is 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 mentioned above, 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

(2) A warranty is only a defence in proceedings under this Act if—

(a) the defendant—

(i) has, not later than three clear days before the date of the hearing, 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) in the case of a warranty given by a person resident out side 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 in it and

(i) has within 60 hours after the sample was procured served such a notice as is mentioned in paragraph 12 of Schedule 7, 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 dairy 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 103, 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 under this Act

Offences as to warranties and analysis certificates

103

(1) A defendant who in any proceedings under this Act wilfully applies to any article or substance a warranty or certificate of analysis given in relation to any other article or substance is guilty of an offence.

(2) A person who—

(a) sells an article or substance in respect of which a warranty might be pleaded under section 102, and

(b) gives to the purchaser a false warranty in writing in respect of that article or substance,

is guilty of an offence, unless he proves that when he gave the warranty he had reason to believe that the statements or description contained in it were accurate.

(3) Where the defendant in a prosecution under this Act relies successfully on a warranty given to him or to his employer, any proceedings under subsection (2) in respect of the warranty may at the prosecutor's option be taken either—

(a) before a court having jurisdiction in the place where a sample of the article or substance to which the warranty relates was procured; or

(b) before a court having jurisdiction in the place where the warranty was given.

Appeals

Appeals to magistrates' courts

104

(1) Where this Act or any regulations made under this Act provide for an appeal to a magistrates' court against a refusal or other decision of an authority, the procedure shall be by way of complaint for an order, and the Magistrates' Courts Act 1980 applies to the proceedings.

(2) The time within which such an appeal may be brought shall be 21 days from the date on which notice of the authority's refusal or other decision was served upon the person desiring to appeal, and for the purposes of this subsection the making of the complaint shall be deemed to be the bringing of the appeal.

(3) In any case where such an appeal lies, the document notifying to the person concerned the authority's decision in the matter shall state—

(a) the right of appeal to a magistrates' court; and

(b) the time within which such an appeal may be brought.

Further appeal to Crown Court

105

Where a person aggrieved by an order, determination or other decision of a magistrates' court under this Act, or under any regulation made under this Act, is not by any other enactment authorised to appeal to the Crown Court, he may appeal to such a court

Effect of court's decision

106

Where on an appeal under this Act, or under any regulations made under this Act, a court varies or reverses any decision of an authority, it is the authority's duty—

(a) to give effect to the court's order; and

(b) in particular, to grant any necessary licence and to make any necessary entry in any register.

Carrying on business pending appeal

107

(1) Where a decision of an authority under this Act, or under any regulations made under this Act, refusing, cancelling, suspending or revoking, registration or a licence, or a decision of a magistrates' court on appeal against such a decision, makes it unlawful for a person—

(a) 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 authority was given, or

(b) to use any premises for any purpose for which he, or his immediate predecessor in the business, was lawfully using them at that date,

he may carry on that business and use those premises for that purpose until the time for appealing has expired and, if an appeal is lodged, until the appeal is finally disposed of or abandoned or has failed for want of prosecution.

(2) The provisions of subsection (1) with respect to the right to continue to carry on a business and to use premises shall apply also where the decision of a court in proceedings in respect of an offence under this Act, or under any regulations made under this Act, makes it unlawful for a person—

(a) to carry on a business which he was lawfully carrying on immediately before the decision was given; or

(b) to use any premises for any purpose for which he was then lawfully using them.

Compensation and arbitration

Disputes as to compensation under Part I

108

Where by Part I, except section 23, provision is made for the payment of compensation—

(a) if the compensation claimed does not exceed £50, all questions as to the fact of damage or loss, and liability for and the amount of compensation, may on the application of either party be determined by, and any compensation awarded may be recovered before, a magistrates' court;

(b) in any other case, a dispute arising as to the fact of damage or loss, or as to the amount of compensation, shall be determined by arbitration under this Act.

Arbitration

109

In arbitrations under this Act the reference shall, except where otherwise expressly provided, be to a single arbitrator to be appointed by agreement between the parties, or, in default of agreement—

(a) in relation to arbitrations under section 9(4) in respect of milk, or in respect of meat or meat products seized while in a slaughterhouse or in the course of importation, by the Minister;

(b) in relation to other arbitrations, by the Secretary of State.

Part VII — General and Supplemental

Acquisition of land, and order to permit works

Compulsory purchase of land

110

A local authority may be authorised by the responsible Minister to purchase land compulsorily for the purposes of this Act, except for the purposes of paragraph (b) of section 50(1), and in relation to the compulsory purchase of land under this section—

(a) the Aquisition of Land Act 1981 applies; and

(b) “land” includes any interest in land and any easement or right in, to or over land.

In this section “the responsible Minister”, in relation to the purposes of section 70, means the Minister, and in relation to the other purposes of this Act means the Secretary of State.

Order to occupier to permit works

111

If, on a complaint made by the owner of any premises, it appears to a magistrates’ court that the occupier or those premises prevents the owner from executing any work which he is by or under this Act required to execute, the court may order the occupier to permit the execution of the work.

Inquiries, and default

Local inquiries

112

The appropriate Minister may cause a local inquiry to be held in any case where he is authorised by this Act—

(a) to determine any difference,

(b) to make any order,

(d) to give any consent, confirmation, sanction or approval, or

(e) otherwise to act under this Act,

and in any other case where he deems it advisable that a local inquiry should be held in relation to any matter with which this Act is concerned in any place.

Default: local authorities etc.

113

(1) If—

(a) a complaint is made to the appropriate Minister that any council or joint board have failed to discharge their functions under this Act in any case where they ought to have done so, or

(b) the appropriate Minister is of opinion that an investigation should be made as to whether any council or joint board have failed as mentioned in paragraph (a),

the approprate Minister may cause a local inquiry to be held into the matter.

(2) If, after a local inquiry has been held in pursuance of this section, the appropriate Minister is satisfied that there has been such a failure on the part of the council or board in question, he may make an order declaring them to be in default and directing them for the purpose of removing the default to discharge such of their functions, and in such manner and within such time or times, as may be specified in the order.

(3) If a council or board with respect to whom an order has been made under subsection (2) fail to comply with any requirement of the order within the time limited by it for compliance with that requirement, the appropriate Minister, instead of enforcing the order by mandamus or otherwise may—

(a) if the body in default are the council or a joint board whose district lies wholly within one county, or a port health authority whose district (so far as it does not consist of water) lies wholly within one county, make an order transferring to the council of the county such of the functions of the body in default as may be specified in his order;

(b) in any other case, make an order transferring to himself such of the functions of the body in default as may be so specified.

(4) Where under this section the appropriate Minister has made an order transferring to a county council or to himself any functions of a council or joint board—

(a) the appropriate Minister may by a subsequent order vary or revoke that order, but without prejudice to the validity of anything previously done under it; and

(b) when any order is so revoked the appropriate Minister may, either by the revoking order or by a subsequent order, provide as seems to him to be desirable with respect to the transfer, vesting and discharge of any property or liabilities acquired or incurred by the county council or by him in discharging any of the functions to which the order so revoked related.

(5) This section does not apply to Part IV; and in this section “the appropriate Minister” means—

(a) the Secretary of State, in relation to functions of councils or joint boards under any of the following provisions—

(i) section 15, 16, 17, 18 and 19,

(ii) sections 27 and 28,

(iii) sections 30 and 31,

(iv) section 74, so far as it relates to the enforcement and execution of sections 8 and 9 (except in their application to milk, or to meat or to meat products while in a slaughterhouse or in the course of importation) and to the enforcement and execution of section 35;

(b) the Secretary of State, in relation to functions of councils of joint boards under Part III;

(d) the Minister, in relation to any other functions of councils or joint boards.

Default: food and drugs authorities

114

If the Minister, after communication with a food and drugs authority, is of opinion—

(a) that the authority have failed in relation to any kind of food to execute or enforce any of the provisions of this Act which it is their duty to execute or enforce, and

(b) that their failure affects the general interests of consumers, or the general interests of agriculture in the United Kingdom,

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