Imported Food
(Jersey) Order 1998[1]
1 Interpretation
In this
Order, unless the context otherwise requires –
“detention notice”
means a notice served under Article 4;
“export notice”
means a notice served under Article 5;
“point of entry”
means any part of the ports of St. Helier or Gorey or the airport through which
a consignment of food is about to be, is being or has been imported;
“working day”
means any day which is not a Saturday, Sunday, Christmas Day, Good Friday or a
public or bank holiday under Article 2 of the Public Holidays and Bank
Holidays (Jersey) Law 1951.
2 Presumption as to food commonly used for human consumption
For the purposes of this Order, any food commonly used for human
consumption shall, if imported for sale or for use in the preparation of food
for sale, be presumed, until the contrary is proved, to have been imported for
sale, or, as the case may be, for use in the preparation of food for sale, for
human consumption.
3 Provision of facilities for the examination of imported food
The importer of a consignment of food shall provide such facilities
as the authorized officer may require to enable –
(a) the unloading and
re-loading of the consignment; and
(b) the examination of the
food so as to prevent, so far as reasonably practicable, the risk of
contamination.
4 Examination and detention of imported food
(1) An authorized officer
may, either at the point of entry or at any premises in Jersey to which it has
been consigned –
(a) examine
any food intended for sale for human consumption which is about to be, is being
or has been imported into Jersey, whether or not that food is enclosed in any
container; and
(b) require
the importer to produce such records and returns relating to that food as the
authorized officer may specify.
(2) Where the authorized
officer has reason to suspect that the consignment of food or any part of
it –
(a) is
unfit for human consumption;
(b) has
been rendered injurious to health; or
(c) is
unsound or unwholesome,
the authorized officer shall serve on the importer a detention
notice prohibiting the removal of the food from the place of examination or
other place specified in the notice without the authorized officer’s
consent for 10 working days beginning with the day on which the notice is
served.
(3) A detention notice
shall –
(a) describe
the type and quantity of food to which it relates;
(b) state
the grounds on which the notice has been served; and
(c) specify
the place where the food is to be kept.
(4) Where a detention
notice has been served under paragraph (2) and the authorized officer is
satisfied that consent should be given for removal of the food from the place
specified in the notice, the authorized officer shall give that consent as soon
as reasonably practicable.
(5) Any person who
contravenes or fails to comply with a detention notice shall be liable to a
fine.[2]
5 Exportation of food found to be unfit for human consumption
(1) Where it is satisfied
that any food is unfit for human consumption, has been rendered injurious to
health or is unsound or unwholesome, the Minister shall serve on the importer
an export notice requiring the food to be –
(a) exported
or disposed of in such manner as the Minister may direct within 7 working days
beginning with the day on which the notice was served; and
(b) held
in secure storage pending such export or disposal.
(2) An export notice
shall –
(a) describe
the type and quantity of food to which it relates;
(b) state
the grounds on which the notice has been served; and
(c) specify
whether the food is to be exported or disposed of and, if appropriate, the
manner of disposal.
(3) Where an export notice
has been served under paragraph (1), the costs of –
(a) storing
from the date of service of the notice until its export or disposal; and
(b) exporting
or disposing of,
the food described in the notice shall be borne by the importer.
(4) Any person who
contravenes or fails to comply with an export notice shall be liable to a fine
and, if the offence is a continuing one, to a further fine of level 2 on
the standard scale for each day or part of a day during which the offence is
proved to have continued, and the food described in the notice shall be forfeit
to the Minister and may be disposed of in such manner as the Minister thinks
fit.[3]
6 Appeals
(1) An importer served with
an export notice may, within 7 days of such service, appeal to the Royal Court
and the court may affirm or set aside the notice.
(2) In any case where the
court is minded to set aside an export notice but the food described in the
notice has, by the time of the hearing so deteriorated so as to be unfit for
human consumption, rendered injurious to health or unsound or unwholesome, the
court may, instead of setting aside the notice, issue a declaration that it
should not have been served.
(3) Where an appeal has
been made but not yet determined under paragraph (1), the court may, if it
considers it appropriate to do so, direct that the food described in the notice
shall not be exported or disposed of until the application is determined.
(4) Where the court sets
aside an export notice under paragraph (1) or issues a declaration under paragraph (2)
it may order the Minister to pay to the importer such compensation as it
considers reasonable in all the circumstances.
7 Citation
This Order may be cited as the Imported Food (Jersey)
Order 1998.