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Condemnation of unfit food.  Is a court order required?

Condemnation of unfit food. Is a court order required?

We are currently acting for the Association of Independent Meat Suppliers (AIMS) and a red meat slaughterhouse in an appeal to the Court of Appeal in a case concerning the application of section 9 of the Food Safety Act 1990.

Section 9 sets out that where an authorised officer forms the opinion that food is unfit for human consumption he should obtain an order from the Magistrates’ Court for it to be condemned. Such a procedure allows the food business operator the right to give evidence as to the fitness of the food at a court hearing and in effect provides him with a right to challenge the authorised officer’s decision.

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