Act 14 of 1987
- Commenced on 1 May 1990
- [This is the version of this document at 30 June 2012 and includes any amendments published up to 30 June 2014.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Food Act.
2. InterpretationIn this Act—"advertisement" means any notice, circular, label, wrapper, public announcement, display and representation, by whatever means, for the purpose of promoting directly or indirectly the sale of food;"animal" does not include poultry or fish;"article" includes—(a)any food or any labeling or advertising material in respect thereof; or(b)anything used for the preservation, preparation, packing or storing of any food;(c) "authorized officer" means an officer authorized under section 13;"drink" does not include water but includes aerated water;"food" includes drink, chewing gum and any product prepared, sold, represented or intended for use as food or drink for human consumption and nay ingredients used in the preparation of food, but does not include—(a)water, live animals, live birds or live fish (excluding shellfish); and(b)materials used only for drugs;"label" includes any tag, brand, mark, pictorial or other descriptive matter written, printed stenciled, marked, embossed or impressed on or attached to or included in, belonging to or accompanying any food;"meat" means the flesh of animals and includes fat, offal and uncooked meat products;"official laboratory" means a laboratory designated by the Minister under section 17 to be an official laboratory for the purpose of this Act;"premises" includes any building, tent or other structure permanent or otherwise together with the land on which the same is situated and any vehicle or conveyance, vessel or aircraft;"public health analyst" means a person appointed by the Minister under section 17 to act as an analyst;"sell" includes transmit, convey or deliver in pursuance of a sale, exchange, raffler or other disposal;"slaughterhouse" means a place for slaughtering animals or poultry, the flesh of which is intended for sale for human consumption and includes a place used in connection therewith for the confinement of animals or poultry while awaiting slaughter or for keeping, or subjecting to any treatment or process, products of the slaughtering of animals or poultry.
3. Binding RepublicThis Act binds the Republic.
Part II – General provisions
4. Food which is injurious to healthAny person who adds any substance to food, uses any substance as an ingredient in the preparation of food, abstracts any constituent from food or subjects food to any process or treatment, so as to render the food injurious to health with intent that the food shall be sold in that state is guilty of an offence.
5. Sale of poisonous or unwholesome foodAny person who sells food which—
6. DeceptionAny person who labels, packages or advertises or is a party to the publication of an advertisement of any food in contravention of this Act, or in a manner that is false, misleading or deceptive as regards its character, nature, substance, quality, composition, merit or safety, is guilty of an offence.
7. General protection for food purchase
8. Preparation of food under insanitary conditionsAny person who sells, prepares, packages, stores or displays for sale any food under insanity conditions, whereby the food may be contaminated with filth or may be rendered unfit for human consumption, is guilty of an offence.
9. Designation of slaughterhouse
Part III – Importation
11. Relabelling or reconditioning
Part IV – Administration and enforcement
13. Authorized officer
14. Powers of authorized officer
15. Powers to seize and dispose of unfit carcassNotwithstanding Section 14, where an authorized officer is of the opinion that an animal or poultry received into a slaughterhouse for the purpose of slaughter for food, or the carcass of an animal, poultry or fish is diseased or unfit for human consumption, he may seize it and cause it to be destroyed or disposed of in such manner as he may direct without seeking any consent or permission and no compensation shall be payable to any person in respect to the destruction or disposal.
16. Power to call for information regarding composition of substances in food
17. Official laboratory and public health analyst
18. Samples and analysis
Part V – Legal proceedings
21. Power of court to dispose of articlesWhere a person is convicted of an offence under this Act, the court may in addition to any other penalty, order that any article, by means of which or in relation to which the offence was committed, be forfeited and upon such order being made the article maybe disposed of as the court may direct.
22. Report of analysis and presumption
23. Defence of warrant
24. Saving of other written lawsThe provisions of this Act shall be in addition to and not in derogation of the provisions of any other written law.
History of this document
01 May 1990