Health Act 1953

Regulations under Part V of Principal Act.

38

38.—(1) Regulations under Part V of the Principal Act may provide for all or any of the following matters:

(a) the licensing or registration of—

(i) persons engaged in the manufacture, preparation, importation, storage, distribution or sale of food for human consumption,

(ii) premises, vehicles or stalls in or at which food is manufactured, prepared, stored, distributed or exposed for sale for human consumption,

(b) the description of premises, vehicles or stalls so licensed or registered,

(c) the prohibition of the manufacture, preparation, importation, storage, distribution, exposure for sale or sale of food otherwise than by licensed or registered persons or in or at licensed or registered premises, vehicles or stalls (as the case may be),

(d) the cancellation or suspension of licences or registrations,

(e) matters ancillary to the foregoing matters.

(2) Where regulations under Part V of the Principal Act include, by virtue of subsection (1) of this section, provision for the keeping of registers by health authorities—

(a) any register kept pursuant to the regulations by a health authority shall be deemed to be in proper custody when in the custody of an officer of the health authority authorised in that behalf by the health authority and shall be admissible in evidence without further proof, on production from the proper custody,

(b) prima facie evidence of any entry in any register kept pursuant to the regulations by a health authority may be given in any Court or any legal proceedings by the production of a copy of such entry purporting to be certified to be a true copy by an officer of the health authority authorised in that behalf, and it shall not be necessary to prove the signature of such officer, or that he was in fact such officer or was so authorised,

(c) a certificate purporting to be under the hand of an officer of a health authority authorised in that behalf that a specified person, premises, vehicle or stall was not, during a specified period, registered in a specified register kept pursuant to the regulations by the health authority shall be accepted in any Court or any legal proceedings as prima facie evidence of the facts so certified, and it shall not be necessary to prove the signature of such officer, or that he was in fact such officer or was so authorised.

(3) Regulations under Part V of the Principal Act may provide for functions to be performed for the purposes of the regulations by Justices of the District Court or Peace Commissioners, being functions relating to any of the following matters:

(a) the making of orders in relation to the destruction or other disposal of food which is diseased, contaminated or otherwise unfit for human consumption,

(b) the reviewing of orders prohibiting the importation or the removal from the place of importation of articles of food or animals or materials intended for use in the manufacture of food,

(c) the annulment or confirmation of orders relating to the cancellation or suspension of licences or registrations or the prohibition of the user of premises, stalls or vehicles for any specified purpose,

(d) the direction of health authorities to license or register persons, premises, vehicles or stalls in specified circumstances.

(4) Where any repairs, structural alterations or additions to premises are required by any authority enforcing regulations under Part V of the Principal Act to comply with those regulations—

(a) the repairs, structural alterations or additions may be carried out notwithstanding any covenant, agreement or condition in any lease or other contract of tenancy under which the premises are held,

(b) before the repairs, structural alterations or additions are carried out, the person required to carry them out shall—

(i) if he is not the rated occupier of the premises, inform the rated occupier, and

(ii) if he holds the premises under a lease or other contract of tenancy, inform the immediate landlord or his agent.

(5) In sections 56 and 57 of the Principal Act, the word “food” shall be construed, in addition to referring to any individual food, as referring to any class whatsoever of food.

(6) This section and the repeal by section 5 of this Act of section 55 of the Principal Act shall be deemed to have come into operation on the day on which Part V of the Principal Act came into operation.

Annotations

Editorial Notes:

E46

Power pursuant to subs. (3) exercised (31.12.1993) by Health (Tin in Food) Regulations 1993 (S.I. No. 389 of 1993), in operation as per reg. 2.

E47

Power pursuant to subs. (3) exercised (22.04.1992) by Health (Arsenic and Lead in Food) (Amendment) Regulations 1992 (S.I. No. 72 of 1992), in operation as per reg. 1(ii).

E48

Power pursuant to subs. (3) exercised (22.04.1992) by Health (Mineral Hydrocarbons in Food) (Amendment) Regulations 1992 (S.I. No. 71 of 1992), in effect as per reg. 1(ii).

E49

Power pursuant to subs. (3) exercised (22.04.1992) by Health (Vinyl Chloride in Food) (Amendment) Regulations 1992 (S.I. No. 65 of 1992), in operation as per reg. 1(ii).

E50

Power pursuant to section exercised (1.05.1989) by Food Hygiene (Amendment) Regulations 1989 (S.I. No. 62 of 1989), in operation as per reg. 1(2).

E51

Power pursuant to subs. (3) exercised (1.05.1984) by Health (Vinyl Chloride in Food) Regulations 1984 (S.I. No. 95 of 1984), in operation as per reg. 2.

E52

Power pursuant to subs. (3) exercised (8.12.1972) by Health (Solvents in Food) Regulations 1972 (S.I. No. 304 of 1972).

E53

Power pursuant to subs. (3) exercised (1.09.1972) by Health (Mineral Hydrocarbons in Food) Regulations 1972 (S.I. No. 45 of 1972), in operation as per reg. 2.

E54

Power pursuant to subs. (3) exercised (1.09.1972) by Health (Arsenic and Lead in Food) Regulations 1972 (S.I. No. 44 of 1972), in operation as per reg. 2.

E55

Power pursuant to section exercised (6.12.1971) by Food Hygiene (Amendment) Regulations 1971 (S.I. No. 322 of 1971).

E56

Previous affecting provision: power pursuant to subs. (3) exercised (1.09.1996) by Health (Official Control of Food) Approved Laboratories Order 1996 (S.I. No. 242 of 1996), in operation as per reg. 2; revoked (6.04.1998) by European Communities (Official Control of Foodstuffs) (Approved Laboratories) Order 1998 (S.I. No. 95 of 1998), reg. 4(1), in operation as per reg. 2.

E57

Previous affecting provision: power pursuant to subs. (3) exercised (1.09.1996 and 1.11.1998) by Health (Official Control of Food) Regulations 1996 (S.I. No. 241 of 1996), in operation as per reg. 2; revoked (1.04.1998) by European Communities (Official Control of Foodstuffs) Regulations 1998 (S.I. No. 85 of 1998), reg. 30, in operation as per reg. 2

E58

Previous affecting provision: power pursuant to subs. (3) exercised (11.04.1994) by Health (Emulsifiers, Stabilisers, Thickeners and Gelling Agents in Food) Regulations 1994 (S.I. No. 78 of 1994), in operation as per reg. 2; revoked (25.03.1997) by European Communities (Detailed Provisions on the Control of Additives, other than Colours and Sweeteners, for use in Foodstuffs) Regulations 1997 (S.I. No. 128 of 1997), reg. 13(1), in operation as per reg. 2.

E59

Previous affecting provision: power pursuant to subs. (3) exercised (7.12.1995) by Health (Extraction Solvents in Foodstuffs) Regulations 1995 (S.I. No. 283 of 1995), in operation as per reg. 2; revoked (25.05.2000) by European Communities (Extraction Solvents in Foodstuffs and Food Ingredients) Regulations 2000 (S.I. No. 141 of 2000), reg. 23(1).

E60

Previous affecting provision: power pursuant to subs. (3) exercised (31.12.1993) by Health (Nutrition Labelling for Foodstuffs) Regulations 1993 (S.I. No. 388 of 1993), in operation as per reg. 2; revoked (11.02.2005) by European Communities (Nutrition Labelling For Foodstuffs) Regulations 2005 (S.I. No. 65 of 2005), reg. 24(1).

E61

Previous affecting provision: power pursuant to subs. (3) exercised (31.12.1993) by Health (Extraction Solvents in Foodstuffs) Regulations 1993 (S.I. No. 387 of 1993), in operation as per reg. 2; revoked (7.12.1995) by Health (Extraction Solvents in Foodstuffs) Regulations 1995 (S.I. No. 283 of 1995), reg. 14, in operation as per reg. 2.

E62

Previous affecting provision: power pursuant to subs. (3) exercised (22.04.1992) by Health (Cylamate in Food) (Amendment) Regulations 1992 (S.I. No. 73 of 1992), in operation as per reg. 1(ii); revoked (31.12.1995) by European Communities (General Provisions on the Control of Additives, and in particular Colours and Sweeteners for use in Foodstuffs) Regulations 1995 (S.I. No. 344 of 1995), reg. 23, in operation as per reg. 2.

E63

Previous affecting provision: power pursuant to subs. (3) exercised (22.04.1992) by Health (Solvents in Food) (Amendment) Regulations 1992 (S.I. No. 70 of 1992), in operation as per reg. 1(ii); revoked (25.03.1997) by European Communities (Detailed Provisions on the Control of Additives, other than Colours and Sweeteners, for use in Foodstuffs) Regulations 1997 (S.I. No. 128 of 1997), reg. 13(1), in operation as per reg. 2.

E64

Previous affecting provision: power pursuant to subs. (3) exercised (22.04.1992) by Health (Antioxidant in Food) (Amendment) Regulations 1992 (S.I. No. 69 of 1992), in operation as per reg. 1(ii); revoked (25.03.1997) by European Communities (Detailed Provisions on the Control of Additives, other than Colours and Sweeteners, for use in Foodstuffs) Regulations 1997 (S.I. No. 128 of 1997), reg. 13(1), in operation as per reg. 2.

E65

Previous affecting provision: power pursuant to subs. (3) exercised (22.04.1992) by Health (Colouring Agents in Food) (Amendment) Regulations 1992 (S.I. No. 68 of 1992), in operation as per reg. 1(ii); revoked (31.12.1995) by European Communities (General Provisions on the Control of Additives, and in particular Colours and Sweeteners for use in Foodstuffs) Regulations 1995 (S.I. No. 344 of 1995), reg. 23, in operation as per reg. 2.

E66

Previous affecting provision: power pursuant to subs. (3) exercised (22.04.1992) by Health (Erucic Acid in Food) (Amendment) Regulations 1992 (S.I. No. 67 of 1992), in operation as per reg. 1(ii); revoked by European Communities (Certain Contaminants in Foodstuffs) Regulations 2010 (S.I. No. 218 of 2010), reg. 33(d), as inserted (23.06.2016) by European Communities (Certain Contaminants in Foodstuffs) (Amendment) Regulations 2016 (S.I. No. 329 of 2016), reg. 3(p).

E67

Previous affecting provision: power pursuant to subs. (3) exercised (22.04.1992) by Health (Preservatives in Food) (Amendment) Regulations 1992 (S.I. No. 66 of 1992), in operation as per reg. 1(ii); revoked (25.03.1997) by European Communities (Detailed Provisions on the Control of Additives, other than Colours and Sweeteners, for use in Foodstuffs) Regulations 1997 (S.I. No. 128 of 1997), reg. 13(1), in operation as per reg. 2.

E68

Previous affecting provision: power pursuant to subs. (3) exercised (31.01.1992) by Health (Emulsifiers, Stabilisers Thickening and Gelling Agents in Food) (Amendment) Regulations 1992 (S.I. No. 24 of 1992), in operation as per reg. 1(2); revoked (11.04.1994) by Health (Emulsifiers, Stabilisers, Thickeners and Gelling Agents in Food) Regulations 1994 (S.I. No. 78 of 1994), reg. 10, in operation as per reg. 2.

E69

Previous affecting provision: power pursuant to subs. (3) exercised (31.12.1991) by Health (Official Control of Food) Regulations 1991 (S.I. No. 332 of 1991), in operation as per reg. 2; revoked (1.09.1996) by Health (Official Control of Food) Regulations 1996 (S.I. No. 241 of 1996), reg. 26, in operation as per reg. 2.

E70

Previous affecting provision: power pursuant to subs. (3) exercised (25.04.1990) by Health (Emulsifiers, Stabilisers, Thicking and Gelling Agents in Food) (Amendment) Regulations 1990 (S.I. No. 102 of 1990); revoked (11.04.1994) by Health (Emulsifiers, Stabilisers, Thickeners and Gelling Agents in Food) Regulations 1994 (S.I. No. 78 of 1994), reg. 10, in operaton as per reg. 2.

E71

Previous affecting provision: power pursuant to subs. (3) exercised (13.10.1989) by Health (Preservatives in Food) (Amendment) Regulations 1989 (S.I. No. 263 of 1989); revoked (25.03.1997) by European Communities (Detailed Provisions on the Control of Additives, other than Colours and Sweeteners, for use in Foodstuffs) Regulations 1997 (S.I. No. 128 of 1997), reg. 13(1), in operation as per reg. 2.

E72

Previous affecting provision: power pursuant to subs. (3) exercised (27.07.1985) by Health (Emulsifiers, Stabilisers, Thickening and Gelling Agents in Food) (Amendment) Regulations 1985 (S.I. No. 186 of 1985); revoked (11.04.1994) by Health (Emulsifiers, Stabilisers, Thickeners and Gelling Agents in Food) Regulations 1994 (S.I. No. 78 of 1994), reg. 10, in operation as per reg. 2.

E73

Previous affecting provision: power pursuant to subs. (3) exercised (1.09.1982) by Health (Foods For Particular Nutritional Uses) Regulations 1982 (S.I. No. 272 of 1982), in operation as per reg. 2; revoked (31.12.1991) by Health (Foods for Particular Nutritional Uses) Regulations 1991 (S.I. No. 331 of 1991), reg. 2(1), in operation as per reg. 2(2).

E74

Previous affecting provision: power pursuant to subs. (3) exercised (1.10.1981) by Health (Preservatives in Food) Regulations 1981 (S.I. No. 337 of 1981), in operation as per reg. 2; revoked (25.03.1997) by European Communities (Detailed Provisions on the Control of Additives, other than Colours and Sweeteners, for use in Foodstuffs) Regulations 1997 (S.I. No. 128 of 1997), reg. 13(1), in operaton as per reg. 2.

E75

Previous affecting provision: power pursuant to subs. (3) exercised (1.10.1981) by Health (Colouring Agents in Food) (Amendment) Regulations 1981 (S.I. No. 336 of 1981), in operation as per reg. 3; revoked (31.12.1995) by European Communities (General Provisions on the Control of Additives, and in particular Colours and Sweeteners for use in Foodstuffs) Regulations 1995 (S.I. No. 344 of 1995), reg. 2, in operation as per reg. 23.

E76

Previous affecting provision: power pursuant to subs. (3) exercised (1.03.1980) by Health (Emulsifiers, Stabilisers, Thickening and Gelling Agents in Food) Regulations 1980 (S.I. No. 35 of 1980), in operation as per reg. 2; revoked (11.04.1994) by Health (Emulsifiers, Stabilisers, Thickeners and Gelling Agents in Food) Regulations 1994 (S.I. No. 78 of 1994), reg. 10, in operation as per reg. 2.

E77

Previous affecting provision: power pursuant to subs. (3) exercised (1.06.1978) by Health (Colouring Agents in Food) (Amendment) Regulations 1978 (S.I. No. 140 of 1978), in operation as per reg. 2; revoked (31.12.1995) by European Communities (General Provisions on the Control of Additives, and in particular Colours and Sweeteners for use in Foodstuffs) Regulations 1995 (S.I. No. 344 of 1995), reg. 23, in operation as per reg. 2.

E78

Previous affecting provision: power pursuant to subs. (3) exercised (1.05.1978) by Health (Erucic Acid in Food) Regulations 1978 (S.I. No. 123 of 1978), in operation as per reg. 2; revoked by European Communities (Certain Contaminants in Foodstuffs) Regulations 2010 (S.I. No. 218 of 2010), reg. 33(c), as inserted (23.06.2016) by European Communities (Certain Contaminants in Foodstuffs) (Amendment) Regulations 2016 (S.I. No. 329 of 2016), reg. 3(p).

E79

Previous affecting provision: power pursuant to subs. (3) exercised (1.07.1974) by Health (Colouring Agents in Food) Regulations 1973 (S.I. No. 149 of 1973), in operation as per reg. 2; revoked (31.12.1995) by European Communities (General Provisions on the Control of Additives, and in particular Colours and Sweeteners for use in Foodstuffs) Regulations 1995 (S.I. No. 344 of 1995), reg. 23, in operation as per reg. 2.

E80

Previous affecting provision: power pursuant to subs. (3) exercised (1.07.1974) by Health (Antioxidant in Food) Regulations 1973 (S.I. No. 148 of 1973), in operation as per reg. 2; revoked (25.03.1997) by European Communities (Detailed Provisions on the Control of Additives, other than Colours and Sweeteners, for use in Foodstuffs) Regulations 1997 (S.I. No. 128 of 1997), reg. 13(1), in operation as per reg. 2.

E81

Previous affecting provision: power pursuant to subs. (3) exercised (1.07.1974) by Health (Preservatives in Food) Regulations 1973 (S.I. No. 147 of 1973), in operation as per reg. 2; revoked (1.10.1981) by Health (Preservatives in Food) Regulations 1981 (S.I. No. 337 of 1981), reg. 3(1), in operation as per reg. 2.

E82

Previous affecting provision: power pursuant to section exercised (8.12.1972) by Health (Antioxidant in Food) (Amendment) Regulations 1972 (S.I. No. 303 of 1972); rendered obsolete by revocation of Health (Antioxidant in Food) Regulations 1972 (S.I. No. 42 of 1972) (1.07.1974) by Health (Antioxidant in Food) Regulations 1973 (S.I. No. 148 of 1973), reg. 3, in operation as per reg. 2.

E83

Previous affecting provision: power pursuant to subs. (3) exercised (8.12.1972, 1.04.1974) by Health (Preservatives in Food) (Amendment) Regulations 1972 (S.I. No. 302 of 1972), in operation as per reg. 5(6); revoked (1.07.1974) by Health (Preservatives in Food) Regulations 1973 (S.I. No. 147 of 1973), reg. 3(1), in operation as per reg. 2.

E84

Previous affecting provision: power pursuant to subs. (3) exercised (8.12.1972) by Health (Colouring Matter in Food) (Amendment) Regulations 1972 (S.I. No. 301 of 1972); revoked (1.07.1974) by Health (Colouring Agents in Food) Regulations 1973 (S.I. No. 149 of 1973), reg. 3(1), in operation as per reg. 2.

E85

Previous affecting provision: power pursuant to subs. (3) exercised (1.09.1972) by Health (Preservatives in Food) Regulations 1972 (S.I. No. 43 of 1972), in operation as per reg. 2; revoked (1.07.1974) by Health (Preservatives in Food) Regulations 1973 (S.I. No. 147 of 1973) reg. 3(1), in operation as per reg. 2.

E86

Previous affecting provision: power pursuant to subs. (3) exercised (1.09.1972) by Health (Antioxidant in Food) Regulations 1972 (S.I. No. 42 of 1972), in operation as per reg. 2; revoked (1.07.1974) by Health (Antioxidant in Food) Regulations 1973 (S.I. No. 148 of 1973), reg. 3(1), in operation as per reg. 2.

E87

Previous affecting provision: power pursuant to subs. (3) exercised (1.09.1972) by Health (Colouring Matter in Food) Regulations 1972 (S.I. No. 41 of 1972), in operation as per reg. 2; revoked (1.07.1974) by Health (Colouring Agents in Food) Regulations 1973 (S.I. No. 149 of 1973), reg. 3(1), in operation as per reg. 2.