Food Standards Bill

Food Standards Bill - continued	House of Commons
Monitoring of enforcement action - continued

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Power of entry for monitoring enforcement action.	14. - (1) The Agency may authorise any individual (whether a member of its staff or otherwise) to exercise the powers specified in subsection (3) for the purpose of carrying out its function under section 12 in relation to any enforcement authority.
	(2) An authorisation under this section shall be in writing and may be given subject to any limitations or conditions specified in the authorisation.
	(3) An authorised person may-
	(a) enter any premises mentioned in subsection (4) at any reasonable hour in order to inspect the premises or anything which may be found on them;
	(b) take samples of any articles or substances found on such premises;
	(c) inspect and copy any records found on such premises (and, if they are kept in computerised form, require them to be made available in a legible form);
	(d) require any person present on such premises to provide him with such facilities, such records or information and such other assistance as he may reasonably request.
	(4) The premises which may be entered by an authorised person are-
	(a) any premises occupied by the enforcement authority;
	(b) any laboratory or similar premises at which work related to the enforcement of any relevant legislation has been carried out for the enforcement authority; and
	(c) any other premises (not being a private dwelling-house) which the authorised person has reasonable cause to believe are premises in respect of which the enforcement powers of the enforcement authority are (or have been) exercisable.
	(5) The power to enter premises conferred on an authorised person includes power to take with him any other person he may consider appropriate.
	(6) An authorised person shall, if so required, produce his authority before exercising any of the powers mentioned in subsection (3).
	(7) An authorised person or any person accompanying an authorised person under subsection (5) who, having entered any premises by virtue of this section, discloses to any person any information obtained on the premises with regard to any trade secret otherwise than in the performance of his duty, is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
	(8) Where-
	(a) the enforcement authority in relation to any provisions of the Food Safety Act 1990 (in this Act referred to as "the 1990 Act") or orders or regulations made under it is (by virtue of section 6(3) or (4) of that Act) a Minister of the Crown, the National Assembly for Wales, the Scottish Ministers or the Agency, or
	(b) the enforcement authority in relation to any provisions of the Food Safety (Northern Ireland) Order 1991 or regulations or orders made under it is a Northern Ireland Department or the Agency,
	this section applies to that authority (in relation its performance in enforcing those provisions) with the omission of subsection (4)(a).
	(9) In this section "authorised person" means a person authorised under this section.
Meaning of "enforcement authority" and related expressions.	15. - (1) In sections 12 to 14 "relevant legislation" means-
	(a) the provisions of the 1990 Act and regulations or orders made under it;
	(b) the provisions of the Food Safety (Northern Ireland) Order 1991 and regulations or orders made under it; and
	(c) the provisions of Part IV of the Agriculture Act 1970 and regulations made under that Part of that Act, so far as relating to matters connected with animal feeding stuffs.
	(2) In those sections "enforcement authority" means-
	(a) in the case of provisions of the 1990 Act or regulations or orders made under it, the authority by whom they are to be enforced (including a Minister of the Crown, the National Assembly for Wales, the Scottish Ministers or the Agency itself if, by virtue of section 6(3) or (4) of the 1990 Act, that authority is the enforcement authority in relation to those provisions);
	(b) in the case of provisions of the Food Safety (Northern Ireland) Order 1991 and regulations or orders made under it, the authority by whom they are to be enforced (including a Northern Ireland Department or the Agency itself if, by virtue of the Order, it is the enforcement authority in relation to those provisions); and
	(c) in the case of provisions of Part IV of the Agriculture Act 1970 (or regulations made under it), an authority mentioned in section 67 of that Act;
	and "enforcement", in relation to relevant legislation, includes the execution of any provisions of that legislation.
	(3) Any reference in those sections (however expressed) to the performance of an enforcement authority in enforcing any relevant legislation includes a reference to the capacity of that authority to enforce it.
Offences relating to sections 13 and 14.	16. - (1) A person who-
	(a) intentionally obstructs a person exercising powers under section 14(3)(a), (b) or (c);
	(b) fails without reasonable excuse to comply with any requirement imposed under section 13(1) or section 14(3)(d); or
	(c) in purported compliance with such a requirement furnishes information which he knows to be false or misleading in any material particular or recklessly furnishes information which is false or misleading in any material particular;
	is guilty of an offence.
	(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
	Other functions of the Agency
Delegation of powers to make emergency orders.	17. - (1) Arrangements may be made between the Secretary of State and the Agency authorising the Agency to exercise on behalf of the Secretary of State the power to make orders under-
	(a) section 1(1) of the Food and Environment Protection Act 1985 (emergency orders); and
	(b) section 13(1) of the 1990 Act (emergency control orders).
	(2) The authority given by any such arrangements is subject to any limitations and conditions provided for in the arrangements.
	(3) Where by virtue of any such arrangements the Agency is authorised to exercise a power, anything done or omitted to be done by the Agency in the exercise or purported exercise of the power shall be treated as done or omitted by the Secretary of State.
	(4) Nothing in any such arrangements prevents the Secretary of State exercising any power.
	(5) This section applies with the necessary modifications to any power mentioned in subsection (1) so far as it is exercisable by the National Assembly for Wales, the Scottish Ministers or a Northern Ireland Department as it applies to a power exercisable by the Secretary of State.
Functions under other Acts.	18. - (1) Schedule 3 (which contains provisions conferring functions under certain enactments on the Agency) has effect.
	(2) Any amendment made by Schedule 3 which extends to Scotland is to be taken as a pre-commencement enactment for the purposes of the Scotland Act 1998.
Publication etc. by the Agency of advice and information.	19. - (1) The Agency may, subject to the following provisions of this section, publish in such manner as it thinks fit-
	(a) any advice given under section 6, 7 or 9 (including advice given in pursuance of a request under section 6(2));
	(b) any information obtained through observations under section 10 or monitoring under section 12; and
	(c) any other information in its possession (whatever its source).
	(2) That power may not be exercised if the publication by the Agency of the advice or information in question-
	(a) is prohibited by an enactment;
	(b) is incompatible with any Community obligation; or
	(c) would constitute or be punishable as a contempt of court.
	(3) Before deciding to exercise that power, the Agency must consider whether the public interest in the publication of the advice or information in question is outweighed by any considerations of confidentiality attaching to it.
	(4) Where the advice or information relates to the performance of enforcement authorities, or particular enforcement authorities, in enforcing relevant legislation, subsection (3) applies only so far as the advice or information relates to a person other than-
	(a) an enforcement authority, or
	(b) a member, officer or employee of an enforcement authority acting in his capacity as such.
	(5) Expressions used in subsection (4) and defined in section 15 have the same meaning as in that section.
	(6) Except as mentioned in subsections (2) and (3), the power under subsection (1) is exercisable free from any prohibition on publication that would apply apart from this section.
	(7) In this section "enactment" means an enactment contained in-
	(a) an Act;
	(b) an Act of the Scottish Parliament;
	(c) Northern Ireland legislation; or
	(d) subordinate legislation,
	whenever passed or made.
	(8) For the purposes of subsection (7) the definition of "subordinate legislation" in section 21(1) of the Interpretation Act 1978 has effect as if the reference to "any Act" included any Northern Ireland legislation and any Act of the Scottish Parliament.
	(9) The Agency may also disclose to another public authority any advice or information mentioned in subsection (1); and the other provisions of this section apply in relation to disclosure under this subsection as they apply in relation to publication under that subsection.
Power to issue guidance on control of food-borne diseases.	20. - (1) The Agency may issue general guidance to local authorities or other public authorities on matters connected with the management of outbreaks or suspected outbreaks of food-borne disease.
	(2) Guidance issued under this section must identify the authority or authorities to which it is addressed.
	(3) The Agency shall publish any guidance issued under this section in such manner as it thinks fit.
	(4) Any authority to whom guidance under this section is issued shall have regard to the guidance in carrying out any functions to which the guidance relates.
	(5) In this section "food-borne disease" means a disease of humans which is capable of being caused by the consumption of infected or otherwise contaminated food.
	(6) This section has effect without prejudice to any other powers of the Agency.
Supplementary powers.	21. - (1) The Agency has power to do anything which is calculated to facilitate, or is conducive or incidental to, the exercise of its functions.
	(2) Without prejudice to the generality of subsection (1), that power includes power-
	(a) to carry on educational or training activities;
	(b) to give financial or other support to activities carried on by others;
	(c) to acquire or dispose of any property or rights;
	(d) to institute criminal proceedings in England and Wales and in Northern Ireland.
	(3) The Agency may make charges for facilities or services provided by it at the request of any person.
	General provisions relating to the functions of the Agency
Statement of general objectives and practices.	22. - (1) The Agency shall prepare and publish a statement of general objectives it intends to pursue, and general practices it intends to adopt, in carrying out its functions.
	(2) The statement shall include the following among the Agency's general objectives, namely-
	(a) securing that its activities are the subject of consultation with, or with representatives of, those affected and, where appropriate, with members of the public;
	(b) promoting links with any of the following authorities with responsibilities affecting food safety or other interests of consumers in relation to food, namely-
	(i) government departments, local authorities and other public authorities;
	(ii) the National Assembly for Wales (and its staff) and Assembly Secretaries, the Scottish Administration and Northern Ireland Departments;
	with a view to securing that the Agency is consulted informally from time to time about the general manner in which any such responsibilities are discharged;
	(c) securing that records of its decisions, and the information on which they are based, are kept and made available with a view to enabling members of the public to make informed judgments about the way in which it is carrying out its functions,
	and any other objectives (which may include more specific objectives relating to anything mentioned in paragraphs (a) to (c)) which are notified to the Agency by the appropriate authorities acting jointly.
	(3) Nothing in subsection (2) prevents the inclusion in the statement of more specific objectives relating to anything mentioned in that subsection.
	(4) The statement shall be submitted in draft to the appropriate authorities for their approval before it is published.
	(5) The appropriate authorities acting jointly may approve the draft statement submitted to them with or without modifications (but they must consult the Agency before making any modifications).
	(6) The Agency shall publish the approved statement (including any modifications made under subsection (5)) in such manner as the appropriate authorities acting jointly may approve.
	(7) The first statement under this section shall be submitted to the appropriate authorities within the period of three months beginning with the date of the first meeting of the Agency.
	(8) The Agency may revise its current statement under this section; and subsections (2) to (6) apply to a revised statement as they apply to the first statement.
Consideration of objectives, risks, costs and benefits, etc.	23. - (1) In carrying out its functions the Agency shall pay due regard to the statement of objectives and practices under section 22.
	(2) The Agency, in considering whether or not to exercise any power, or the manner in which to exercise any power, shall take into account (among other things)-
	(a) the nature and magnitude of any risks to public health, or other risks, which are relevant to the decision (including any uncertainty as to the adequacy or reliability of the available information);
	(b) the likely costs and benefits of the exercise or non-exercise of the power or its exercise in any manner which the Agency is considering; and
	(c) any relevant advice or information given to it by an advisory committee (whether or not given at the Agency's request).
	(3) The duty under subsection (2)-
	(a) does not apply to the extent that it is unreasonable or impracticable for it to do so in view of the nature or purpose of the power or in the circumstances of the particular case; and
	(b) does not affect the obligation of the Agency to discharge any other duties imposed on it.
Directions relating to breach of duty or to international obligations.	24. - (1) If it appears to the Secretary of State that there has been a serious failure by the Agency-
	(a) to comply with section 23(1) or (2), or
	(b) to perform any other duty which he considers should have been performed by it,
	he may give the Agency such directions as he may consider appropriate for remedying that failure.
	(2) The power under subsection (1) may also be exercised-
	(a) so far as it is exercisable in relation to Wales, by the National Assembly for Wales;
	(b) so far as it is exercisable within devolved competence, by the Scottish Ministers; and
	(c) so far as it is exercisable in relation to Northern Ireland, by the Department of Health and Social Services for Northern Ireland.
	(3) The Secretary of State may give the Agency such directions as he considers appropriate for the implementation of-
	(a) any obligations of the United Kingdom under the Community Treaties, or
	(b) any international agreement to which the United Kingdom is a party.
	(4) The power under subsection (3) may also be exercised-
	(a) by the National Assembly for Wales (in relation to implementation for which it is responsible);
	(b) by the Scottish Ministers (in relation to implementation within devolved competence or for which they have responsibility by virtue of an Order in Council under section 63 of the Scotland Act 1998); and
	(c) by the Department of Health and Social Services for Northern Ireland (in relation to implementation for which a Northern Ireland Department is responsible).
	(5) An authority proposing to give directions under this section shall consult the Agency and the other appropriate authorities before doing so.
	(6) If the Agency fails to comply with any directions under this section, the authority giving the directions may give effect to them (and for that purpose may exercise any power of the Agency).
	(7) If the Agency fails to comply with directions under subsection (1), the Secretary of State may, with the agreement of the other appropriate authorities, remove all the members of the Agency from office (and, until new appointments are made, may carry out the Agency's functions himself or appoint any other person or persons to do so).
	(8) Any directions given under this section shall be published in such manner as the authority giving them considers appropriate for the purpose of bringing the matters to which they relate to the attention of persons likely to be affected by them.
	(9) In this section "devolved competence" has the same meaning as in the Scotland Act 1998.
Power to modify enactments about disclosure of information.	25. - (1) If it appears to the Secretary of State that an enactment prohibits the disclosure of any information and is capable of having either of the effects mentioned in subsection (5) he may by order make provision for the purpose of removing or relaxing the prohibition so far as it is capable of having that effect.
	(2) If it appears to the Scottish Ministers that an enactment prohibits the disclosure of any information and is capable of having either of the effects mentioned in subsection (5) the Scottish Ministers may by order make provision for the purpose of removing or relaxing the prohibition so far as it is capable of having that effect.
	(3) The power under subsection (2) may not be exercised to make provision which would not be within the legislative competence of the Scottish Parliament.
	(4) If it appears to the First Minister and deputy First Minister acting jointly that any enactment dealing with transferred matters (within the meaning of section 4(1) of the Northern Ireland Act 1998) prohibits the disclosure of any information and is capable of having either of the effects mentioned in subsection (5) they may by order make provision for the purpose of removing or relaxing the prohibition so far as it is capable of having that effect.
	(5) The effects mentioned in subsections (1), (2) and (4) are that the enactment in question-
	(a) prevents the disclosure to the Agency of information that would facilitate the carrying out of the Agency's functions; or
	(b) prevents the publication by the Agency of information in circumstances where the power under section 19 would otherwise be exercisable.
	(6) An order under this section may-
	(a) make provision as to circumstances in which information which is subject to the prohibition in question may, or may not, be disclosed to the Agency or, as the case may be, published by the Agency; and
	(b) if it makes provision enabling the disclosure of information to the Agency, make provision restricting the purposes for which such information may be used (including restrictions on the subsequent disclosure of the information by the Agency).
	(7) This section applies in relation to a rule of law as it applies in relation to an enactment, but with the omission of-
	(a) subsection (5)(b) and any reference to the effect mentioned in subsection (5)(b); and
	(b) in subsection (6)(a), the words from "or, as" to the end.
	(8) In this section "enactment" means an enactment contained in any Act (other than this Act) or Northern Ireland legislation passed or made before or in the same Session as this Act.
	Miscellaneous provisions
Statutory functions ceasing to be exercisable by the Minister of Agriculture, Fisheries and Food.	26. - (1) The functions of the Minister of Agriculture, Fisheries and Food under-
	(a) Part I of the Food and Environment Protection Act 1985;
	(b) the 1990 Act; and
	(c) the Radioactive Substances Act 1993,
	shall cease to be exercisable by that Minister.
	(2) Subsection (1) does not affect enforcement functions under directions or subordinate legislation under those Acts (or any power under those Acts to confer such functions in directions or subordinate legislation).
Notification of tests for food-borne disease.	27. - (1) Regulations may make provision for requiring the notification of information about tests on samples taken from individuals (whether living or dead) for the presence of-
	(a) organisms of a description specified in the regulations; or
	(b) any substances produced by or in response to the presence of organisms of a description so specified.
	(2) A description of organisms may be specified in the regulations only if it appears to the authority making the regulations that those organisms or any substances produced by them-
	(a) are capable of causing disease in humans; and
	(b) are commonly transmitted to humans through the consumption of food.
	(3) The power to make the regulations is exercisable for the purpose of facilitating the carrying out of functions of the Agency or any other public authority which relate to the protection of public health.
	(4) The regulations shall, as respects each specified description of organisms-
	(a) specify the information to be notified about them and the form and manner in which it is to be notified;
	(b) make provision for identifying the person by whom that information is to be notified; and
	(c) specify the person to whom that information is to be notified;
	but the regulations may not require a person to notify information which is not in his possession, or otherwise available to him, by virtue of his position.
	(5) The regulations may-
	(a) make provision as to the tests about which information is to be notified;
	(b) require or permit the person specified under subsection (4)(c) to disclose any information to any other person or to publish it;
	(c) restrict the purposes for which any information may be used (whether by the person so specified or by any other person);
	(d) make provision with a view to ensuring that patient confidentiality is preserved;
	(e) create exceptions from any provision of the regulations;
	(f) create summary offences, subject to the limitation that no such offence shall be punishable with imprisonment or a fine exceeding level 5 on the standard scale.
	(6) Before making regulations under this section the authority making them shall consult the Agency and such organisations as appear to the authority to be representative of interests likely to be substantially affected by the regulations.
	(7) Any consultation undertaken before the commencement of subsection (6) shall be as effective, for the purposes of that subsection, as if undertaken after that commencement.
	(8) The power to make regulations under this section is exercisable-
	(a) as respects tests carried out in England, by the Secretary of State;
	(b) as respects tests carried out in Wales, by the National Assembly for Wales;
	(c) as respects tests carried out in Scotland, by the Scottish Ministers; and
	(d) as respects tests carried out in Northern Ireland, by the Department of Health and Social Services for Northern Ireland.

Prepared 16 July 1999