Irish Medicines Board (Miscellaneous Provisions) Act 2006
|
PART 5 Amendment of Health Acts 1947 to 2005 | ||
|
Amendment of section 54 of Health Act 1947 (regulations for prevention of danger from food and drink). |
25.— Section 54 of the Health Act 1947 (as amended by the European Communities (Health Act 1947 Amendment of Sections 54 and 61) Regulations 1991 ( S.I. No. 333 of 1991 )) is repealed and the following substituted: | |
“Regulations for prevention of danger from food and drink. | ||
54.— (1) The Minister may, after consultation with the Minister for Enterprise, Trade and Employment and the Minister for Agriculture and Food, make regulations providing for— | ||
(a) the prevention of danger to the public health arising from the manufacture, preparation, importation, storage, distribution or exposure for sale of food intended for sale for human consumption, | ||
(b) the prevention of contamination of food intended for sale for human consumption, | ||
(c) the prohibition and prevention of the sale or offering or keeping for sale of— | ||
(i) articles of food intended for human consumption, | ||
(ii) living animals intended for such food, | ||
(iii) materials or articles used or intended for use in the preparation or manufacture of such food, | ||
which are diseased, contaminated or otherwise unfit for human consumption, | ||
(d) the protection of consumer interests (including regulations requiring persons operating in the retail, restaurant or catering sectors to provide information on the country of origin of meat sold or otherwise supplied to consumers where, in the opinion of the Minister, such information is not already adequately provided under national or EU legislation), | ||
(e) without prejudice to the generality of section 3(1) of the European Communities Act 1972 , giving effect to acts of the institutions of the European Communities relating to the official control of foodstuffs for the protection of health. | ||
(2) Regulations made under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purpose of the regulations (including, in the case of regulations made under subsection (1)(e), regulations repealing, amending or applying, with or without modifications, other law, exclusive of this Act). | ||
(3) A person who has gained access to information by virtue of inspections made in the enforcement of regulations made under this section shall not disclose such information unless it is necessary to do so for the purpose of the enforcement of the regulations. | ||
(4) A person who, on or after the commencement of this section, contravenes a regulation made under this section, or contravenes subsection (3), shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or both. | ||
(5) A person guilty of an offence under subsection (4) shall, on each day on which the contravention to which that offence relates is continued by the person after having been convicted of that offence, be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €500 or to imprisonment for a term not exceeding one month or both. | ||
(6) Regulations made under the repealed section and in force immediately before the commencement of this section shall be deemed to be made under this section and may be amended or revoked accordingly. | ||
(7) In this section— | ||
‘persons operating in the retail, restaurant or catering sectors’ includes food business operators within the meaning of Article 3 of the European Parliament and Council Regulation (EC) No. 178/2002 of 28 January 2002 13 ; | ||
‘ protection of consumer interests ’ includes all measures for the prohibition or prevention of the processing, storage, transport, distribution, trading or selling to the prejudice of the consumer of any food which is not of the nature, substance or quality demanded by the consumer; | ||
‘ repealed section ’ means section 54 of this Act as in force immediately before the commencement of this section.”. | ||