Food Safety Act 1990
Food Safety Act 1990
1990 CHAPTER 16
An Act to make new provision in place of the Food Act 1984 (except Parts III and V), the Food and Drugs (Scotland) Act 1956 and certain other enactments relating to food; to amend Parts III and V of the said Act of 1984 and Part I of the Food and Environment Protection Act 1985; and for connected purposes.
[29th June 1990]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
PART I
PRELIMINARY
1 Meaning of ‘food’ and other basic expressions.
(1) In this Act ‘food’ includes—
(a) drink;
(b) articles and substances of no nutritional value which are used for human consumption;
(c) chewing gum and other products of a like nature and use; and
(d) articles and substances used as ingredients in the preparation of food or anything falling within this subsection.
(2) In this Act ‘food’ does not include—
(a) live animals or birds, or live fish which are not used for human consumption while they are alive;
(b) fodder or feeding stuffs for animals, birds or fish;
(c) controlled drugs within the meaning of the Misuse of Drugs Act 1971 ; or
(d) subject to such exceptions as may be specified in an order made by the Ministers—
(ii) other articles or substances in respect of which such licences are for the time being in force in pursuance of orders under section 104 or 105 of that Act (application of Act to other articles and substances).
(3) In this Act, unless the context otherwise requires—
‘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 public or local authority;
‘commercial operation’, in relation to any food or contact material, means any of the following, namely—
(a) selling, possessing for sale and offering, exposing or advertising for sale;
(b) consigning, delivering or serving by way of sale;
(c) preparing for sale or presenting, labelling or wrapping for the purpose of sale;
(d) storing or transporting for the purpose of sale;
(e) importing and exporting;
and, in relation to any food source, means deriving food from it for the purpose of sale or for purposes connected with sale;
‘contact material’ means any article or substance which is intended to come into contact with food;
‘food business’ means any business in the course of which commercial operations with respect to food or food sources are carried out;
‘food premises’ means any premises used for the purposes of a food business;
‘food source’ means any growing crop or live animal, bird or fish from which food is intended to be derived (whether by harvesting, slaughtering, milking, collecting eggs or otherwise);
‘premises’ includes any place, any vehicle, stall or moveable structure and, for such purposes as may be specified in an order made by the Ministers, any ship or aircraft of a description so specified.
(4) The reference in subsection (3) above to preparing for sale shall be construed, in relation to any contact material, as a reference to manufacturing or producing for the purpose of sale.
2 Extended meaning of ‘sale’ etc.
(1) For the purposes of this Act—
(a) the supply of food, otherwise than on sale, in the course of a business; and
(b) any other thing which is done with respect to food and is specified in an order made by the Ministers,
shall be deemed to be a sale of the food, and references to purchasers and purchasing shall be construed accordingly.
(2) This Act shall apply—
(a) in relation to any food which 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 the 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, for the purpose of advertisement or in furtherance of any trade or business, is offered as a prize or reward or given away, as if the food were, or had been, exposed for sale by the person offering or giving away the food; and
(c) in relation to any food which is exposed or deposited in any premises for the purpose of being so offered or given away as mentioned in paragraph (a) or (b) above, as if the food were, or had been, exposed for sale by the occupier of the premises;
and in this subsection ‘entertainment’ includes any social gathering, amusement, exhibition, performance, game, sport or trial of skill.
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