Food Safety
(Miscellaneous Provisions) (Jersey) Law 2000[1]
A LAW to provide for the imposing of
prohibition orders on premises used for food business; for procedures relating
to them; and for connected purposes
Commencement [see endnotes]
1 Interpretation
In this Law, unless the context otherwise
requires –
“commercial operation”, in relation to any food or
contact material, means any of the following, namely –
(a) selling,
possessing for sale and offering, exposing or advertising for sale;
(b) consigning,
delivering or serving by way of sale;
(c) preparing
for sale or presenting, labelling or wrapping for the purpose of sale;
(d) storing
or transporting for the purpose of sale;
(e) importing
and exporting,
and, in relation to any food source, means deriving food from it for
the purpose of sale or for purposes connected with sale;
“contact material” means any article or substance which
is intended to come into contact with food;
“Court” means the Royal Court;
“emergency prohibition notice” and “emergency
prohibition orders” have the meanings respectively assigned to them by Article 3;
“equipment” includes any apparatus;
“food” and “business” have the meanings
respectively assigned to them by the Food Safety (Jersey)
Law 1966;
“food business” means any business in the course of
which commercial operations with respect to food or food sources are carried
out;
“food source” means any growing crop or live animal,
bird or fish from which food is intended to be derived (whether by harvesting,
slaughtering, milking, collecting eggs or otherwise);
“injury to health” includes any impairment whether
permanent or temporary;
“Minister” means the Minister for Health and Social
Services;
“premises” includes any place, vehicle, stall or movable
structure.
2 Functions of the Minister
(1) The Minister shall
investigate a complaint that the health risk condition is fulfilled with respect
to any food business.
(2) The Minister may cause
inspections to be made, to detect whether the health risk condition is
fulfilled, in respect of a food business where no complaint has been made to
the Minister.
3 Emergency prohibition orders and notices
(1) If the Minister is
satisfied that the health risk condition is fulfilled with respect to any food
business, the Minister may, by a notice served on the proprietor of the
business (in this Law referred to as an ‘emergency prohibition
notice’), impose the appropriate prohibition.
(2) If the Court is
satisfied, on the application of the Minister, that the health risk condition
is fulfilled with respect to any food business, the Court shall by an order (in
this Law referred to as an ‘emergency prohibition order’), impose
the appropriate prohibition.
(3) The Minister shall not
apply for an emergency prohibition order unless, at least one day before the
date of the application, the Minister has notified the proprietor of the
business of the intention to apply for the order.
(4) The health risk
condition is fulfilled with respect to any food business if any of the
following involves imminent risk of injury to health, namely –
(a) the
use for the purposes of the business of any process or treatment;
(b) the
construction of any premises used for the purposes of the business, or the use
for those purposes of any equipment;
(c) the
state or condition of any premises or equipment used for the purposes of the
business.
(5) The appropriate
prohibition is –
(a) in a
case falling within paragraph (4)(a), a prohibition on the use of the
process or treatment for the purposes of the business;
(b) in a
case falling within paragraph (4)(b), a prohibition on the use of the
premises or equipment for the purposes of the business or any other food
business of the same class or description;
(c) in a
case falling within paragraph (4)(c), a prohibition on the use of the
premises or equipment for the purposes of any food business.
(6) As soon as practicable
after the service of an emergency prohibition notice, a copy of the notice
shall be affixed in a conspicuous position on the premises used for the
purposes of the business, and any person who knowingly contravenes such a
notice shall be guilty of an offence.
(7) As soon as practicable
after the making of an emergency prohibition order, a copy of the order shall
be –
(a) served
on the proprietor of the business; and
(b) affixed
in a conspicuous position on the premises used for the purposes of the
business,
and any person who knowingly contravenes such an order shall be
guilty of an offence.
(8) A person guilty of an
offence under paragraph (6) or (7) shall be liable to a fine or to
imprisonment for a term not exceeding 2 years or to both.
(9) An emergency
prohibition notice shall cease to have effect –
(a) if no
application for an emergency prohibition order is made within the period of 3
days beginning with the service of the notice, at the end of that period;
(b) if an
application is so made, on the determination or abandonment of the application.
(10) An emergency prohibition
notice or emergency prohibition order shall cease to have effect on the issue
by the Minister of a certificate to the effect that he or she is satisfied that
the proprietor has taken sufficient measures to secure that the health risk
condition is no longer fulfilled with respect to the business.
(11) The Minister shall issue a
certificate under paragraph (10) within 3 days of his or her being
satisfied as mentioned in that paragraph, and on application by the proprietor
for such a certificate, the Minister shall –
(a) determine,
as soon as is reasonably practicable and in any event within 14 days, whether
or not the Minister is so satisfied; and
(b) if
the Minister determines that he or she is not so satisfied, give notice to the
proprietor of the reasons for that determination.
(12) Where an emergency
prohibition notice is served on the proprietor of a business, the Minister
shall compensate the proprietor in respect of any loss suffered by reason of the
proprietor complying with the notice unless –
(a) an
application for an emergency prohibition order is made within the period of 3
days beginning with the service of the notice; and
(b) the
Court declares itself satisfied, on the hearing of the application, that the
health risk condition was fulfilled with respect to the business at the time
when the notice was served.
4 Appeals
A person given notice pursuant to Article 3(11)(b) of a
decision by the Minister to refuse to issue a certificate referred to in paragraph (10)
of that Article may appeal against the notice to the Court within 21 days of
receipt of the notice.
5 Powers of entry to premises etc.
(1) Subject to paragraph (2),
any authorized person may, on production, if so required, of the authorized person’s
authority, enter any premises at any reasonable time –
(a) if the
authorized person suspects, on reasonable grounds, that the health risk
condition is fulfilled with respect to any food business on those premises; or
(b) for
the purpose of taking any action authorized by this Law.
(2) Admission by virtue of paragraph (1)
to any premises used wholly or mainly for residential purposes shall not be
demanded as of right unless 24 hours notice of the intended entry has been
given to the occupier.
(3) If it is shown to the
satisfaction of the Bailiff or a Jurat by evidence on oath that –
(a) admission
to any premises has been refused, or that refusal is apprehended, or that the
premises are unoccupied or that the occupier is temporarily absent, or that the
case is one of urgency, or that an application for admission would defeat the
object of the entry; and
(b) there
is reasonable ground for entry into the premises for the purpose for which
entry is required,
the Bailiff or the Jurat may issue a warrant under this Article
authorizing the Minister by any authorized person to enter the premises, if
need be by force.
(4) A warrant issued in
pursuance of paragraph (3) shall continue in force for a period of one
month.
(5) An authorized person
entering any premises by virtue of paragraph (1) or of a warrant under paragraph (3)
may –
(a) take
with the authorized person such other person and such equipment as may be
necessary;
(b) carry
out such inspections, measurements and tests as the authorized person considers
necessary for the discharge of any of the Minister’s functions under this
Law; and
(c) take
away such samples or articles as the authorized person considers necessary for
that purpose.
(6) An authorized person
entering any premises by virtue of paragraph (1), or of a warrant issued
under paragraph (3), may inspect any records (in whatever form they are
held) relating to a food business and, where any such records are kept by means
of a computer –
(a) may
have access to, and inspect and check the operation of, any computer and any
associated apparatus or material which is or has been in use in connection with
the records; and
(b) may
require any person having charge of, or otherwise concerned with the operation
of, the computer, apparatus or material to afford the authorized person such
assistance as the authorized person may reasonably require.
(7) Any authorized person
exercising any power conferred by paragraph (6) may –
(a) seize
and detain any records which the authorized person has reason to believe may be
required as evidence in proceedings under this Law; and
(b) where
the records are kept by means of a computer, may require the records to be
produced in a form in which they may be taken away.
(8) On leaving any
unoccupied premises which the authorized person has entered by virtue of paragraph (1)
or of a warrant under paragraph (3) the authorized person shall leave them
as effectively secured against unauthorized entry as the authorized person
found them.
(9) In this Article “authorized
person” means a person authorized by the Minister for the purpose of
discharging any or all of the functions contained in this Law.
6 Offences relating to entry
(1) A person who wilfully
obstructs any person acting in the exercise of any powers conferred by Article 5
shall be guilty of an offence and liable, on conviction, to a fine not
exceeding level 3 on the standard scale.
(2) If a person discloses
any information relating to any trade secret obtained in the exercise of any
powers conferred by Article 5, the person shall, unless the disclosure was
made in the performance of his or her duty, or with the consent of the person
having the right to disclose the information, be guilty of an offence and
liable, on conviction, to a fine.[2]
7 Criminal liability of officers; aiders and abettors
(1) Where an offence under
this Law committed by a company is proved to have been committed with the
consent or connivance of, or to be attributable to any neglect on the part of,
any director, manager, secretary, or other similar officer of the company or
any person who was purporting to act in any such capacity, he or she, as well
as the company, shall be guilty of that offence and shall be liable to be
prosecuted and punished accordingly.
(2) Without prejudice to paragraph (1),
any person who aids, abets, counsels or procures the commission of an offence
under this Law shall be liable to be dealt with, tried and punished as a
principal offender.
8 Service of notices
(1) This Article shall have
effect in relation to any notice or other document required or authorized by or
under this Law to be given to or served on any person.
(2) Any such document may
be given to or served on the person in question –
(a) by
delivering it to the person;
(b) by
leaving it at the person’s proper address; or
(c) by
sending it by post to the person at that address.
(3) Any such document
may –
(a) in
the case of a company, be given to or served on the secretary, clerk or other
similar officer of the company or any person who purports to act in any such
capacity, by whatever name called;
(b) in
the case of a partnership, be given to or served on a partner or a person
having the control or management of the partnership business.
(4) For the purposes of
this Article and Article 7 of the Interpretation (Jersey)
Law 1954 in its application to this Article, the proper address of any person
to or on whom a document is to be given or served shall be the person’s
last known address, except that –
(a) in
the case of a company or its secretary, clerk or other officer or person
referred to in paragraph (3)(a), it shall be the address of the registered
or principal office of the company;
(b) in
the case of a partnership or a person having the control or management of the
partnership business, it shall be that of the principal office of the
partnership,
and for the purposes of this paragraph the principal office of a
company registered outside Jersey or of a partnership carrying on business
outside Jersey shall be their principal office within Jersey.
(5) If the person to be
given or served with any document mentioned in paragraph (1) has specified
an address within Jersey other than the person’s proper address within
the meaning of paragraph (4) as the one at which the person or someone on
his or her behalf will accept documents of the same description as that
document, that address shall also be treated for the purposes of this Article
and Article 7 of the Interpretation (Jersey)
Law 1954 as the person’s proper address.
9 Rules of Court
Rules may be made in the manner prescribed by the Royal Court (Jersey)
Law 1948 to make such provision as appears to the Superior Number of the
Royal Court to be necessary or expedient for the purposes of this Law.
10 Saving provisions
This Law shall be in addition to and not in derogation
of –
(a) the Loi (1934) sur la
Santé Publique; and
(b) any other law relating
to public health.
11 Citation
This Law may be cited as the Food Safety (Miscellaneous Provisions)
(Jersey) Law 2000.