By A. A. Painter
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Additional info for A Guide to the Food Safety Act 1990
7) An emergency prohibition notice shall cease to have effect— (a) if no application for an emergency prohibition order is made within the period of three days beginning with the service of the notice, at the end of that period; (b) if such an application is so made, on the determination or abandonment of the application. (8) An emergency prohibition notice or emergency prohibition order shall cease to have effect on the issue by the enforcement authority of a certificate to the effect that they are satisfied that the proprietor has taken sufficient measures to secure that the health risk condition is no longer fulfilled with respect to the business.
Is brought to the knowledge of the purchaser, and he chooses to purchase it notwithstanding, it can never have been intended that such a transaction should be interfered with'. It is not necessary to disclose what the alteration actually is: Williams v Friend  2 KB 471, per Pickford J, at 480. With regard to the interpretation of the many decisions on the question of notice, the remarks of Lord Hewart CJ in Rodburn v Hudson  1 KB 225 are of considerable assistance. In that case the court upheld the justices' finding that there was sufficient evidence that a sale had been to the prejudice of the purchaser when a purchaser of rum had read the following notice in a public 41 Food Safety Act 1990 s 14 house: 'All spirits sold at this establishment are of the same superior quality as heretofore, but to meet the requirements of the Food and Drugs Acts they are now sold as diluted spirits; no alcoholic strength guaranteed'.
For 'the Minister' see s 4. For ' commercial operations', 'food source', 'contact materials' see s 1(3). Consumer protection 14. Selling food not of the nature or substance or quality demanded. (1) Any person who sells to the purchaser's prejudice any food which is not of the nature or substance or quality demanded by the purchaser shall be guilty of an offence. (2) In subsection (1) above the reference to sale shall be construed as a reference to sale for h u m a n consumption; and in proceedings under that subsection it shall not be a defence that the purchaser was not prejudiced because he bought for analysis or examination.