Food Safety Act 1990 (Consequential Modifications) (Scotland) Order 1990
| Jurisdiction | UK Non-devolved |
1990 No. 2625 (S. 220)
FOOD
The Food Safety Act 1990 (Consequential Modifications) (Scotland) Order 1990
Made 21th December 1990
Laid before Parliament 21th December 1990
Coming into force 1st January 1991
The Secretary of State, in exercise of the powers conferred on him by sections 4(1) and 59(2) of the Food Safety Act 19901and of all other powers enabling him in that behalf, hereby makes the following Order:
PART I
CITATION, EXTENT, COMMENCEMENT AND INTERPRETATION
Citation, extent, commencement and interpretation
1.—(1) This Order, which may be cited as the Food Safety Act 1990 (Consequential Modifications) (Scotland) Order 1990, shall apply to Scotland only and shall come into force on 1st January 1991.
(2) Unless the context otherwise requires, any reference in this Order to a Schedule shall be construed as a reference to a Schedule to this Order.
(3) In this Order unless the context otherwise requires “the Act” means the Food Safety Act 1990.
PART II
MODIFICATIONS RELATING TO “THE ACT”, “FOOD” AND “FOOD AUTHORITY”
Definition of “the Act”
2.—(1) The Regulations specified in column 2 of Part I of Schedule 1 shall be amended by substituting for the definition of “the Act” where it appears in the provision of those Regulations specified in column 3 the following definition:–
““the Act” means the Food Safety Act 1990;”.
(2) The Regulations and Order specified in column 2 of Part II of Schedule 1 shall be amended by inserting at the appropriate place in the provisions of those Regulations and Order specified in column 3 the following definition:–
““the Act” means the Food Safety Act 1990;”.
(3) The Regulations and Order specified in column 2 of Part II of Schedule 1 shall be amended by substituting for the words “the Food and Drugs (Scotland) Act 1956” where they occur in the provision of those Regulations and Order specified in column 3 the words “the Act”.
Definition of “food”
3. —In regulation 2(1) of each of the Regulations specified in Schedule 2 the definition of “food” shall cease to have effect.
Definition of “food authority”
4.—(1) The Regulations specified in column 2 of Part I of Schedule 3 shall be amended by substituting for the definition of “local authority” where it appears in the provision of those Regulations specified in column 3 the following definition:–
““food authority” means an islands or district council;”.
(2) The Regulations specified in column 2 of Part I of Schedule 3 shall be amended by substituting for the words “local authority” in each place where they occur the words “food authority”.
(3) The Regulations specified in column 2 of Part II of Schedule 3 shall be amended by substituting for the words “islands council” or “district council” where they occur in the provision of those Regulations specified in column 3 the words “food authority”.
(4) The Regulations specified in column 2 of Part II of Schedule 3 shall be amended by inserting at the appropriate place in the provision of those Regulations specified in column 4 the following definition:–
““food authority” means an islands or district council;”.
PART III
APPLICATION OF PROVISIONS OF THE ACT
Application of sections of the Food Safety Act 1990
5.—(1) After regulation 2 of the Regulations specified in column 2 of Schedule 4 there shall be inserted the following regulation:–
“Application of sections 2, 3, 20, 21, 30(8) 33, 36 and 44 of the Act
2A. The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and unless the context otherwise requires any reference in them to the Act shall be construed as a reference to these Regulations:–
section 2 (extended meaning of “sale” etc.);
section 3 (presumptions that food intended for human consumption);
section 20 (offences due to fault of another person);
section 21 (defence of due diligence);
section 30(8) (which relates to documentary evidence);
section 33 (obstruction etc. of officers);
section 36 (offences by bodies corporate); and
section 44 (protection of officers acting in good faith).”.
(2) The provisions of the Regulations specified in column 3 of Schedule 4 are revoked.
(3) After regulation 2 of the Regulations specified in Schedule 5 there shall be inserted the following regulation:–
“Application of sections 2, 3, 20, 21, 22, 30(8), 33, 36 and 44 of the Act
2A. The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and unless the context otherwise requires any reference in them to the Act shall be construed as a reference to these Regulations:–
section 2 (extended meaning of “sale” etc.);
section 3 (presumptions that food intended for human consumption);
section 20 (offences due to fault of another person);
section 21 (defence of due diligence);
section 22 (defence of publication in the course of business);
section 30(8) (which relates to documentary evidence);
section 33 (obstruction etc. of officers);
section 36 (offences by bodies corporate); and
section 44 (protection of officers acting in good faith).”.
(4) The provisions of the Regulations specified in column 3 of Schedule 5 are revoked.
Application of other provisions
6.—(1) The Regulations specified in column 2 of Schedule 6 shall be amended by substituting for the provision specified in column 3 the following regulation bearing the same number:–
“Condemnation of foodWhere any food is certified by a food analyst as being food which it is an offence against these Regulations to sell or import that food may be treated for the purposes of section 9 of the Act as failing to comply with food safety requirements and section 8(3) shall apply for the purposes of these Regulations as it applies for the purposes of the Act.”.
(2) The Regulations specified in column 2 of Schedule 7 shall be amended by substituting for the provisions specified in column 3 the following provision:–
“The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and unless the context otherwise requires any reference in them to the Act shall be construed as a reference to these Regulations:–
section 20 (offences due to fault of another person);
section 21 (defence of due diligence).”.
Time limit for prosecutions
7. To the provisions of the Regulations specified in column 3 of Schedule 8 there shall be added at the end the following paragraph:–
“No prosecution for an offence under these Regulations 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.”.
PART IV
MODIFICATIONS RELATING TO IMPORTS
Consequential modifications to the Imported Food (Scotland) Regulations 1985
8.—(1) The Imported Food (Scotland) Regulations 19852shall have effect subject to the amendments specified in the following paragraphs of this article.
(2) In regulation 5(5) in the definition of “receiving authority”–
(a)
(a) paragraph (a) shall cease to have effect; and
(b)
(b) for paragraph (b) there shall be substituted the following paragraph:–
“(b)
“(b) where that place is in Scotland, England or Wales a food authority within the meaning of the Food Safety Act 1990;”.
(3) In regulation 6(1)(a) for the words “section 1(1)” there shall be substituted the words “section 7(1)”.
(4) For regulation 7(2) there shall be substituted the following paragraph:–
“2 If on such examination being made it appears to an authorised officer that the food is being or has been imported in contravention of regulation 6, that food may be treated for the purposes of section 9 of the Act as failing to comply with food safety requirements and section 8(3) shall apply for the purposes of these Regulations as it applies for the purposes of the Act.”.
(5) In regulation 8 for the words “section 28” there shall be substituted the words “section 29”, for the words “section 29” there shall be substituted the words “section 30” and the words “local authority” shall cease to have effect.
(6) For regulation 23 there shall be substituted the following regulation:–
“Compensation
23. Any disputed question as to the right to or amount of any compensation payable under these Regulations shall be determined by arbitration.”.
PART V
MODIFICATIONS RELATING TO MEAT
Consequential modifications to the Poultry Meat (Water Content) (Scotland) Regulations 1983
9.—(1) The Poultry Meat (Water Content) (Scotland) Regulations 19833shall have effect subject to the amendments specified in the following paragraphs of this article.
(2) In regulation 4(1)(e) for the words “section 29(1)” there shall be substituted the words “section 30(1)”.
(3) In regulation 6(3) after the word “analysis)” there shall be...
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