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Standards for food and drink.
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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.
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(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.
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(3) Regulations under this section may contain—
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(a) provisions in relation to the nature, quality or amount of any substance to be contained in the food to which the regulations relate,
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(b) provisions specifying any substance which is not to be contained in such food,
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(c) provisions limiting the amount of any substance to be contained in such food,
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(d) provisions in relation to the methods used or the time taken in the manufacture, preparation or distribution of such food,
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(e) provisions in relation to the labelling or description of such food.
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(4) Where—
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(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
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(b) the food does not conform to such standard,
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such person shall be guilty of an offence under this section.
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(5) Where—
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(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
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(b) the ingredient does not conform to such standard,
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such person shall be guilty of an offence under this section.
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(6) Where—
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(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
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(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,
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such person shall be guilty of an offence under this section.
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(7) Whenever—
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(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
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(b) the Minister has caused samples of the food sold under that brand or trade description to be tested, and
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(c) on such test any such sample has been found not to conform to the said standard,
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the Minister may by order prohibit the import or sale of all food of that brand or trade description.
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(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.
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(9) A person who is guilty of an offence under this section shall, on summary conviction thereof, be liable to a fine—
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(a) in the case of a first offence, not exceeding twenty pounds, and
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(b) in the case of a second or subsequent offence, not exceeding one hundred pounds,
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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.
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(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.
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