Food (Registration
of Premises) (Jersey) Order 2001[1]
1 Interpretation
(1) In
this Order, unless the context otherwise requires –
“domestic premises”
means a dwelling house or other building used principally, but not exclusively,
as a dwelling, and its adjoining land;
“occupier”, in
relation to food premises, means the person who has day to day overall
responsibility for the operation of the food business from those premises;
“register”
means the register of food premises maintained by the Minister under Article 2;
“registered”
means entered in the register;
“sale”
includes possession, offer or exposure for sale;
“supply”
means, in relation to any food, to give it away in the course of any trade or
business, and the possession, preparation, storage, offer or exposure of food
for such supply and serving by way of supply;
“voluntary
organisation” means a body the activities of which are carried on
otherwise than for profit, but does not include any body exercising the
functions of the States or any Minister or any parish.
(2) In
this Order a reference to the operation of a food business from any premises
shall include the operation of a food business from any mobile stall or vehicle
which is ordinarily stored or housed at such premises.
2 Registration of food premises
(1) The
Minister shall establish and maintain a register of food premises in Jersey in
accordance with this Order, by reference to the trading name of the food
business operating from such premises and the type or description of those
premises.
(2) All
food premises shall be registered unless they are exempted by Article 6.
(3) The
Minister shall, on request –
(a) allow
the occupier of food premises a reasonable opportunity to inspect the entry on
the register relating to the occupier’s food premises; and
(b) give
or send such occupier a copy of such entry.
3 Prohibition on use of unregistered food premises
A person shall not
operate or permit the operation of a food business from any food premises
required to be registered under this Order unless –
(a) those
premises have been registered in accordance with Article 2; or
(b) an
application for those premises to be so registered has been made in accordance
with Article 4 at least 28 days before the first day of such use.
4 Applications for registration
(1) The
occupier of food premises required to be registered in accordance with this Order
shall apply for such registration by means of the form set out in Schedule 1,
and that form shall be completed and signed by or on behalf of the person
making it.
(2) Within
28 days of receipt of an application under paragraph (1) the Minister
shall cause the premises concerned to be registered in accordance with Article 2.
5 Changes in particulars and alterations to the register
(1) Where
there has been or is proposed to be a change in –
(a) the
type or description of food business operating from food premises required to
be registered in accordance with this Order; or
(b) the
occupier of such premises,
the occupier, or the new
occupier as the case may be, shall, no later than 28 days after the date of
such change, supply the Minister with details of any changes in the particulars
set out in the application for the premises to be registered under Article 4.
(2) Where
an application has been made to register food premises in accordance with this Order,
the occupier of those premises shall supply the Minister with particulars of
any change in the trading name of the food business operating from the premises
no later than 28 days after the date of such change.
(3) The
Minister shall make such alterations to the register of food premises as are
necessary to reflect any particulars supplied in accordance with paragraph (1)
or (2).
(4) Where
no person is or is intending to operate a food business from premises
registered under this Order the Minister shall remove those premises from the
register.
6 Exemptions from requirement to register
The food premises set out
in Schedule 2 shall be exempt from the requirement to register.
7 Offences
(1) A
person who contravenes Article 3 shall be guilty of an offence and liable
to a fine of level 3 on the standard scale.[2]
(2) A
person who contravenes Article 5(1) or (2) shall be guilty of an offence
and liable to a fine not exceeding level 3 on the standard scale.
(3) A
person who for any purposes connected with this Order furnishes information
which the person knows to be false shall be guilty of an offence and liable to
a fine of level 3 on the standard scale.[3]
8 Citation
This Order may be cited
as the Food (Registration of Premises) (Jersey) Order 2001.
SCHEDULE
1[4]
(Article 4(1)
FORM OF APPLICATION FOR
REGISTRATION OF FOOD PREMISES
SCHEDULE 2[5]
(Article 6)
PREMISES EXEMPT FROM
REQUIREMENT TO REGISTER
1.
2. Premises
at which the only commercial operations carried out in relation to food or food
sources are one or more of the following:
(a)
(b)
(c) the
collection of honey from bees;
(d) the
sale by retail of food by means of an automatic vending machine on those
premises;
(e) the
sale or supply of beverages, or of biscuits, potato crisps, confectionery or
similar products, ancillary to a business whose principal activity is not the
sale of food; or
(f) the
supply of food in the course of a religious ceremony.
3. Premises
controlled by a voluntary organisation or the trustees of a charity and used
only for the purposes of such organisation or charity, where no food (other
than ingredients for the preparation of beverages, sugars, biscuits, potato
crisps or other similar products) is stored for sale.
4.
5. Domestic
premises –
(a) where
the person is a volunteer preparing food for a voluntary organisation;
(b) where
the sale of food is ancillary to the provision of accommodation for not more
than 5 persons;
(c) where
the supply of food is ancillary to caring for a privately fostered child within
the meaning of Part 8 of the Children (Jersey)
Law 2002; or
(d) where
such premises are used for the sale or preparation of honey (wherever
collected) or of horticultural or viticultural produce harvested on the
premises.
6.
7.