By A. A. Painter
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Additional info for A Guide to the Food Safety Act 1990
An emergency prohibition notice must be served and dealt with by the enforcement authority in accordance with sub-ss (3), (5) and (6), following which an application must be made to a magistrates' court (the sheriff in Scodand) for the issue of an emergency prohibition order within three days of the service of the notice. It is an offence to knowingly contravene an emergency prohibition notice or order. The notice ceases to have effect if no such application is made to a court within the three day period or if an application is so made, on the determination or abandonment of the application.
The similar provisions of s 9 of the Food Act 1984 occasionally gave rise to difficulties in areas where there were no facilities for the destruction of food and it was necessary for the condemned food to be transported a considerable distance. It is submitted that the expenses must be reasonable bearing in mind the most appropriate means of destruction having regard to environmental considerations and the provisions of the Environmental Protection Act 1990. Owner of the food. Expenses to be paid in accordance with an order made under sub-s (6) must be paid by the owner and not the possessor where these are not the same person.
9) The enforcement authority shall issue a certificate under subsection (8) above within three days of their being satisfied as mentioned in that subsection; and on an application by the proprietor for such a certificate, the authority shall— 36 Part II: Main Provisions (a) determine, as soon as is reasonably practicable and in any event within 14 days, whether or not they are so satisfied; and (ft) if they determine that they are not so satisfied, give notice to the proprietor of the reasons for that determination.
A Guide to the Food Safety Act 1990 by A. A. Painter