Jersey Law 2/2000
FOOD SAFETY (MISCELLANEOUS PROVISIONS) (JERSEY) LAW 2000
____________
ARRANGEMENT OF
ARTICLES
____________
|
1.
|
Interpretation
|
|
2.
|
Functions of the Committee
|
|
3.
|
Emergency prohibition orders and notices
|
|
4.
|
Appeals
|
|
5.
|
Powers of entry to premises etc.
|
|
6.
|
Offences relating to entry
|
|
7.
|
Criminal liability of officers; aiders and abettors
|
|
8.
|
Service of notices
|
|
9.
|
Rules of Court
|
|
10.
|
Saving provisions
|
|
11.
|
Short title and commencement
|
FOOD SAFETY (MISCELLANEOUS PROVISIONS) (JERSEY) LAW 2000
____________
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;
sanctioned by Order of Her Majesty in Council of the
14th day of DECEMBER 1999
____________
(Registered on the 14th day of January 2000)
____________
STATES OF JERSEY
____________
The 14th day of
September 1999
____________
THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law –
ARTICLE
1
Interpretation
(1) 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;
“the Committee” means the Health and Social Services
Committee;
“contact material” means any article or substance which
is intended to come into contact with food;
“the 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 and Drugs (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;
“premises” includes any place, vehicle, stall or
moveable structure.
(2) Unless
the context otherwise requires, references in this Law to any other enactment
shall be construed as references to that enactment as amended, extended or
applied by or under any other enactment and to any enactment which repeals and
re-enacts the first-mentioned enactment with or without further amendment.
(3) A
reference in this Law to a numbered Article without further identification is a
reference to the Article so numbered in this Law.
(4) A
reference in any Article of this Law to a paragraph, sub-paragraph or clause by
number or letter only, and without further identification, is a reference to
the paragraph, sub-paragraph or clause of that number or letter contained in
the Article of this Law in which such reference occurs.
ARTICLE
2
Functions of the Committee
(1) The
Committee shall investigate a complaint that the health risk condition is
fulfilled with respect to any food business.
(2) The
Committee 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
it.
ARTICLE
3
Emergency prohibition orders and notices
(1) If
the Committee is satisfied that the health risk condition is fulfilled with
respect to any food business, it 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 Committee, 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
Committee shall not apply for an emergency prohibition order unless, at least
one day before the date of the application, it 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 sub-paragraph (a) of paragraph (4), a prohibition on the
use of the process or treatment for the purposes of the business;
(b) in
a case falling within sub-paragraph (b) of that paragraph, 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 sub-paragraph (c) of that paragraph, 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 two 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
three 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 Committee of a certificate to the effect that it 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
Committee shall issue a certificate under paragraph (10) within three days of
its being satisfied as mentioned in that paragraph, and on application by the
proprietor for such a certificate, the Committee shall –
(a) determine,
as soon as is reasonably practicable and in any event within fourteen days,
whether or not it is so satisfied; and
(b) if
it determines that it 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
Committee shall compensate him in respect of any loss suffered by reason of his
complying with the notice unless –
(a) an
application for an emergency prohibition order is made within the period of
three 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.
ARTICLE
4
Appeals
A person given notice pursuant to sub-paragraph (b) of paragraph
(11) of Article 3 of a decision by the Committee to refuse to issue a
certificate referred to in paragraph (10) of that Article may appeal against
the notice to the Court within twenty-one days of receipt of the notice.
ARTICLE
5
Powers of entry to premises etc.
(1) Subject
to paragraph (2), any authorized person may, on production, if so required, of
his authority, enter any premises at any reasonable time –
(a) if
he 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 twenty-four 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 Committee 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 him such other person and such equipment as may be necessary;
(b) carry
out such inspections, measurements and tests as he considers necessary for the
discharge of any of the Committee’s functions under this Law; and
(c) take
away such samples or articles as he 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 him such assistance as he may
reasonably require.
(7) Any
authorized person exercising any power conferred by paragraph (6) may –
(a) seize
and detain any records which he 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 he 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 he found them.
(9) In
this Article “authorized person” means a person authorized by the
Committee for the purpose of discharging any or all of the functions contained
in this Law.
ARTICLE
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, he shall, unless the disclosure
was made in the performance of his 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 not exceeding level 4 on the standard scale.2
ARTICLE
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, 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.
ARTICLE
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 him;
(b) by
leaving it at his proper address; or
(c) by
sending it by post to him 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 12 of the Interpretation (Jersey) Law
1954 (meaning of service by post) 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 his last known address, except that –
(a) in
the case of a company or its secretary, clerk or other officer or person
referred to in sub-paragraph (a) of paragraph (3), 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 the Island or of a partnership carrying on business
outside the Island shall be their principal office within the Island.
(5) If
the person to be given or served with any document mentioned in paragraph (1)
has specified an address within the Island other than his proper address within
the meaning of paragraph (4) as the one at which he or someone on his 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 12 of the
Interpretation (Jersey) Law 1954 as his
proper address.
ARTICLE
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.
ARTICLE
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.
ARTICLE
11
Short title and commencement
This Law may be cited as the Food Safety (Miscellaneous Provisions)
(Jersey) Law 2000 and shall come into force on such day as the States may by
Act appoint.
G.H.C. COPPOCK
Greffier of the States.