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28 1947

HEALTH ACT, 1947

PART V.

Food and Drink.

Definition for Part V.

53. —In this Part of this Act, the word “food” includes every article used for food or drink by man, other than drugs or water, and

(a) any article which ordinarily enters into or is used in the composition or preparation of human food,

(b) flavouring matters, preservatives and condiments,

(c) colouring matters intended for use in food, and

(d) compounds or mixtures of two or more foods.

Regulations for prevention of danger from food and drink.

54. —(1) The Minister may, after consultation with the Minister for Industry and Commerce and the Minister for Agriculture, make regulations providing for—

(a) the prevention of danger to the public health arising from the manufacture, preparation, importation, storage, distribution or exposure for sale of food intended for sale for human consumption,

(b) the prevention of contamination of food intended for sale for human consumption,

(c) the prohibition and prevention of the sale or offering or keeping for sale of

(i) articles of food intended for human consumption,

(ii) living animals intended for such food,

(iii) materials or articles used or intended for use in the preparation or manufacture of such food,

which are diseased, contaminated or otherwise unfit for human consumption.

(2) A person who contravenes a regulation under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds and, in the case of a continuing offence, to a further fine not exceeding ten pounds for each day on which the offence is continued, or, at the discretion of the Court, to imprisonment for any term not exceeding six months or to both such fine or fines and such imprisonment.

Licensing and registration of persons and premises.

55. —Regulations under this Part of this Act may provide for the licensing or registration of persons engaged in the manufacture, preparation, importation, storage, distribution or sale of food for human consumption or of premises in which food is manufactured, prepared, stored, distributed or exposed for sale for human consumption and for the description of premises so licensed or registered and the prohibition of the manufacture, preparation, importation, storage, exposure for sale or sale of food otherwise than by licensed or registered persons or on licensed or registered premises (as the case may be).

Standards for food and drink.

56. —(1) Where the Minister is of opinion that the composition of any food (whether consumed by itself or as an ingredient of other food) is of special importance to the public health, he may, after consultation with the Minister for Industry and Commerce and the Minister for Agriculture and after giving the notice mentioned in subsection (2) of this section, make regulations prescribing a standard for the composition of such food.

(2) Not less than one month before the Minister makes regulations under this section he shall cause notice to be published in a daily newspaper or in two or more daily newspapers of his intention to make regulations specifying the food for the composition of which a standard will thereby be prescribed.

(3) Regulations under this section may contain—

(a) provisions in relation to the nature, quality or amount of any substance to be contained in the food to which the regulations relate,

(b) provisions specifying any substance which is not to be contained in such food,

(c) provisions limiting the amount of any substance to be contained in such food,

(d) provisions in relation to the methods used or the time taken in the manufacture, preparation or distribution of such food,

(e) provisions in relation to the labelling or description of such food.

(4) Where—

(a) a person sells for human consumption, or prepares, manufactures, offers or keeps for sale for human consumption, any food for the composition of which a standard is prescribed by regulations under this section, and

(b) the food does not conform to such standard,

such person shall be guilty of an offence under this section.

(5) Where—

(a) a person sells for human consumption, or prepares, manufactures, offers or keeps for sale for human consumption, any food containing an ingredient for the composition of which a standard is prescribed by regulations under this section, and

(b) the ingredient does not conform to such standard,

such person shall be guilty of an offence under this section.

(6) Where—

(a) a person sells for human consumption, or offers or keeps for sale for human consumption, any food for the composition of which a standard is prescribed by regulations under this section and such regulations contain provisions in relation to the labelling or description of such food, and

(b) such food, or the packet or container in which such food is sold or offered or kept for sale is not labelled or described in accordance with the regulations,

such person shall be guilty of an offence under this section.

(7) Whenever—

(a) food, for the composition of which a standard has been prescribed by regulations under this section, has been advertised under a particular brand or trade description, and

(b) the Minister has caused samples of the food sold under that brand or trade description to be tested, and

(c) on such test any such sample has been found not to conform to the said standard,

the Minister may by order prohibit the import or sale of all food of that brand or trade description.

(8) A person who imports or sells for human consumption food of a brand or trade description to which a prohibition under subsection (7) of this section relates shall be guilty of an offence under this section.

(9) A person who is guilty of an offence under this section shall, on summary conviction thereof, be liable to a fine—

(a) in the case of a first offence, not exceeding twenty pounds, and

(b) in the case of a second or subsequent offence, not exceeding one hundred pounds,

or, at the discretion of the Court and provided that the Court is satisfied that the offence was committed by the personal act or culpable negligence of such person, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(10) Notwithstanding anything contained in this section, regulations thereunder shall not, save with the consent of the Minister for Agriculture, be so framed as to apply in relation to any food in respect of which that Minister is empowered by any statutory or other enactment to prescribe standards for the composition thereof.

Examination of samples of food and drink.

57. —(1) In this section, the word “proprietor” means, in relation to any food, a person by whom such food is manufactured, prepared or imported.

(2) The Minister may, after consultation with the Minister for Industry and Commerce and the Minister for Agriculture, make, in relation to any food, regulations containing all or any of the following provisions:

(a) provisions requiring the submission to the Minister by every proprietor of the food of samples of the food for examination of their nature, substance, quality or condition,

(b) provisions authorising the issue by the Minister, to any proprietor by whom any such samples are so submitted for examination, of a certificate stating the result of the examination,

(c) provisions requiring the printing on the outside of every packet or container in which the food is to be sold for human consumption or on a label affixed in the prescribed manner to such packet or container of the name of the proprietor and a copy of the relevant certificate issued to him under a regulation made pursuant to paragraph (b) of this subsection,

(d) provisions prohibiting the sale for human consumption, or the offering or keeping for sale for human consumption, of the food in a packet or container which has not printed on the outside thereof or on a label affixed thereto as the regulations may provide the name of the proprietor and a copy of the relevant certificate issued to him under a regulation made pursuant to paragraph (b) of this subsection,

(e) provisions prohibiting the sale for human consumption, or the offering or keeping for sale for human consumption, of any article of the food which is of a nature, substance or quality, or in a condition, inferior to the nature, substance, quality or condition (as the case may be) of the samples of the food submitted for examination by the proprietor of such article as stated in the relevant certificate issued to him under a regulation made pursuant to paragraph (b) of this subsection.

(3) A person who contravenes a regulation under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds and, in the case of a continuing offence, to a further fine not exceeding ten pounds for each day on which the offence is continued or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine or fines and such imprisonment.

(4) Notwithstanding anything contained in this section, regulations thereunder shall not, save with the consent of the Minister for Agriculture, be so framed as to apply in relation to any food in respect of which that Minister is empowered by any statutory or other enactment to prescribe standards for the composition thereof.

Giving and taking of samples, etc.

58. —(1) Regulations under this Part of this Act may—

(a) provide for the giving and the taking (without payment) of samples of food or materials or articles used or intended for use in the preparation or manufacture of food or of articles which are bye-products of the manufacture of food,

(b) provide for the carrying out of tests, examinations and analyses of such samples,

(c) prescribe the classes of persons to be responsible for the carrying out of such tests, examinations and analyses of such samples,

(d) prescribe the means by and the manner in which the test, examination or analysis is to be made,

(e) prescribe the certificate or other evidence to be given of the result of any test, examination or analysis and the classes of persons by and to whom such certificate or evidence is to be given,

(f) provide that any certificate or other evidence prescribed under paragraph (e) of this subsection and given in respect of the test, examination or analysis of a sample shall as respects that sample be evidence for all purposes of the result of such test.

(2) Whenever regulations made under subsection (1) of this section provide that any particular certificate or other evidence shall be evidence for all purposes of the result of a test, examination or analysis of a sample, such certificate or other evidence shall, as respects those samples, be accepted by all Courts of Justice as evidence of the result of such test and shall also be accepted by all Courts of Justice as evidence that such test was carried out under and in accordance with the regulations.

Enforcement of regulations under Part V, etc.

59. —Regulations under this Part of this Act may provide for all or any of the following matters—

(a) the enforcement and execution of the regulations by

(i) officers of the Minister,

(ii) health authorities,

(iii) officers of local authorities with the consent, where the Minister is not the appropriate Minister for the purposes of Part II of the Local Government Act, 1941 (No. 23 of 1941), in relation to a particular office, of the appropriate Minister for the said purposes in relation to a particular office,

(iv) officers of Customs and Excise with the consent of the Minister for Finance,

(v) officers of the Minister for Agriculture with the consent of that Minister,

(b) the empowering of specified persons or persons of a specified class (being authorised officers for the purposes of Part IX of this Act or members of the Garda Síochána exercising the powers conferred by Part IX of this Act) to seize and remove and to detain, to destroy or to have otherwise suitably disposed of—

(i) articles of food intended for human consumption,

(ii) living animals intended for such food, or

(iii) materials or articles used or intended for use in the preparation or manufacture of such food,

which are diseased, contaminated or otherwise unfit for human consumption or which do not comply with the regulations,

(c) the keeping of records by persons engaged in the manufacture, preparation, importation, storage, distribution or sale of food and the production of such records for inspection by officers concerned in the enforcement or execution of the regulations.

Charges under regulations under Part V.

60. —Regulations under this Part of this Act may authorise the imposition of charges for the purposes of the regulations, or for examinations, certifications or other services performed thereunder.

Obstruction of execution of regulations under Part V.

61. —A person who wilfully obstructs the execution of a regulation under this Part of this Act shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds and, in the case of a continuing offence, to a further fine not exceeding ten pounds for each day on which the offence is continued or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine or fines and such imprisonment.

Restrictions on sale, etc., of food by dealers in rags, etc.

62. —(1) It shall not be lawful for any person, who carries on the business of dealing in rags, bones, waste paper, secondhand clothes or other similar articles, to sell, barter or offer or keep for sale or barter any food in or from any premises, place or vehicle used by him in connection with his said business.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding five pounds or, in the case of a second or subsequent offence, to a fine not exceeding twenty pounds.

Prosecutions for offences under Part V.

63. —(1) The following provisions shall have effect in relation to a prosecution for an offence under this Part of this Act:—

(a) any food shall be deemed, unless the contrary is proved, to have been sold or bartered or to be intended for sale or barter (as may be appropriate) for human consumption,

(b) any material or article which is found on premises used for or in the preparation or manufacture of food to be sold for human consumption and which is capable of being intended for use in such preparation or manufacture shall be deemed, unless the contrary is proved, to be so intended,

(c) where—

(i) a person has caused an analysis of any food to be made under the Sale of Food and Drugs Act, 1875, and

(ii) the analyst, having analysed such food, has given his certificate of the result of the analysis, and

(iii) it appears from the certificate that a regulation under this Part of this Act has been contravened,

such person may prosecute for the contravention and, the provisions of the Sale of Food and Drugs Acts, 1875 to 1936, relating to prosecutions shall apply as if such prosecution were a prosecution under the said Acts,

(d) if the defendant in any prosecution for an offence relating to the nature, substance, quality or condition of any food proves—

(i) that he purchased such food as of a nature, substance or quality or in a condition which would not have contravened such regulation and with a written warranty to that effect, and

(ii) that he had no reason to believe at the time when he sold such food that it was of a different nature or quality or in a different condition, and

(iii) that he sold such food in the same state as when he purchased it,

such defendant shall be discharged from the prosecution, but shall be liable to pay the costs incurred by the prosecutor unless he gave due notice to the prosecutor that he proposed to rely on the said defence.

(2) A statement by the manufacturer, importer, or seller of food as to its nature, substance, quality or condition in an invoice, or on a label attached to the food, or on the packet or container in which the food is sold shall be deemed for the purposes of subparagraph (i) of paragraph (d) of subsection (1) of this section to be a warranty.

(3) Where it appears to the authority or officer enforcing any provision of this Part of this Act or the regulations made thereunder that an offence has been committed in respect of which proceedings might be taken against some person but that such person could establish a defence under paragraph (d) of subsection (1) of this section by proving that the offence complained of was due to an act or default of some other person, such authority or officer may take proceedings against that other person without taking proceedings against the first-mentioned person.

Food kept in certain establishments.

64. —(1) The Minister may by regulations specify the class or classes of establishments to which this section applies.

(2) For the purpose of this Part of this Act and of any regulations made thereunder—

(a) food kept for human consumption in an establishment of a class to which this section applies shall be deemed, unless the contrary is proved, to be kept therein for sale for human consumption,

(b) where any such food is consumed in any such establishment by any person, it shall be deemed unless the contrary is proved to have been sold for human consumption,

(c) any material or article which is found in any such establishment used for or in the preparation or manufacture of food for human consumption and which is capable of being intended for use in such preparation or manufacture shall be deemed, unless the contrary is proved, to be so intended,

(d) in any prosecution for an offence under this Part of this Act in relation to any such food, the food shall be deemed, unless the contrary is proved, to have been kept for human consumption in such establishment.

(3) In this section the word “establishment” means

(a) any school or college,

(b) any hospital, sanatorium, preventorium, nursing home, convalescent home or similar establishment,

(c) any hotel, restaurant, club, guest house, boarding house, holiday camp, hostel or similar establishment.