Lead in Food Regulations 1979

JurisdictionUK Non-devolved
CitationSI 1979/1254

1979 No. 1254

FOOD AND DRUGS

COMPOSITION

The Lead in Food Regulations 1979

4thOctober 1979

12thOctober 1979

12thApril 1980

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Social Services and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred on them by sections 4 and 123 of the Food and Drugs Act 1955(a) and of all other powers enabling them in that behalf, hereby make the following regulations after consultation with such organisations as appear to them to be representative of interests substantially affected by the regulations:—

Citation and commencement

1. These regulations may be cited as the Lead in Food Regulations 1979, and shall come into operation on 12th April 1980.

Interpretation

2.—(1) In these regulations, unless the context otherwise requires—

"the Act" means the Food and Drugs Act 1955;

"carbohydrate" means any substance containing carbon, hydrogen and oxygen in which the hydrogen and oxygen occur in the same proportion as in water;

"food" has the same meaning as in the Act, except that it is limited to food intended for sale for human consumption;

"food and drugs authority" has the meaning assigned to it by section 198 of the Local Government Act 1972(b);

"sell" includes offer or expose for sale or have in possession for sale, and "sale" and "sold" shall be construed accordingly;

"soft drink" has the meaning assigned to it by the Soft Drinks Regulations 1964(c);

(a) 4 & 5 Eliz. 2. c. 16; sections 4 and 123 are to be read with the Secretary of State for Social Services Order 1968 (S.I. 1968/1699) and the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272).

(b) 1972 c. 70.

(c) S.I. 1964/760; the relevant amending instrument is S.I. 1977/927.

"specified food" means any food of a description specified in the first column of Schedule 1;

"sugars" means any soluble carbohydrate sweetening matter.

(2) Any reference in these regulations to a numbered regulation or schedule shall, unless the context otherwise requires, be construed as a reference to the regulation or schedule bearing that number in these regulations.

(3) For the purposes of these regulations, the supply of food, 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.

Exemptions

3. The provisions of these regulations shall not apply to any food—

(a) in respect of which the maximum permitted lead content is prescribed by any regulations, other than these regulations, made under the Act or by any order having effect as if contained in regulations so made;

(b) which is intended at the time of sale, consignment, delivery or importation, as the case may be, for exportation to any place outside the United Kingdom.

Sale, etc. of food containing lead

4.—(1) No specified food shall contain any lead in any proportion exceeding that specified or referred to in relation thereto in the second column of Schedule 1, so however that on or after 13th April 1982 no specified food of a description included in the first column of Part II of that Schedule shall contain any lead in any proportion exceeding that specified in relation thereto in the third column of that Schedule.

(2) No other food shall contain any lead in any proportion exceeding 1·0 milligram per kilogram of such food.

(3) No person shall sell, consign or deliver, or import into England and Wales any food which does not...

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