Food (Emergency Provisions) Act 1986
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AT 33 of 1986
FOOD (EMERGENCY PROVISIONS) ACT
1986
Food (Emergency Provisions) Act 1986 Index
c AT 33 of 1986 Page 3
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FOOD (EMERGENCY PROVISIONS) ACT 1986
Index Section Page
Emergency orders etc. 5
1 Power to make emergency orders ................................................................................ 5
2 Powers when emergency order has been made ......................................................... 6
Investigation and enforcement 7
3 Powers of officers ............................................................................................................ 7
Application to Crown 9
4 Application to Crown..................................................................................................... 9
Legal proceedings 9
5 Penalties ........................................................................................................................... 9
6 Defences ......................................................................................................................... 10
Supplemental 10
7 Financial provision ....................................................................................................... 10
8 Interpretation ................................................................................................................. 10
9 Short title ........................................................................................................................ 12
SCHEDULE 1 13
EMERGENCY PROHIBITIONS 13
SCHEDULE 2 14
POWERS OF OFFICERS 14
ENDNOTES 19
TABLE OF LEGISLATION HISTORY 19
TABLE OF RENUMBERED PROVISIONS 19
TABLE OF ENDNOTE REFERENCES 19
Food (Emergency Provisions) Act 1986 Section 1
c AT 33 of 1986 Page 5
c i e
FOOD (EMERGENCY PROVISIONS) ACT 1986
Received Royal Assent: 15 July 1986
Passed: 16 July 1986
Commenced: 16 July 1986
AN ACT
to authorise the making in an emergency of orders specifying
activities which are to be prohibited as a precaution against the consumption of
food rendered unsuitable for human consumption in consequence of an escape
of substances.
GENERAL NOTE:
The maximum fines in this Act are as increased by the Criminal
Justice (Penalties, Etc.) Act 1993 s 1.
Emergency orders etc.
1 Power to make emergency orders
[P1985/48/1(1), (5)-(8) and (10)]
(1) If in the opinion of the Department —
(a) there exist or may exist circumstances which are likely to create a
hazard to human health through human consumption of food;
and1
(b) in consequence food which is or may be in the future in an area —
(i) of land in the Island;
(ii) of sea within the British fishery limits;
(iii) both of such land and of such sea,
or which is or may be in the future derived from anything in such
an area, is or may be or become unsuitable for human
consumption,
the Department may make an order (an ‘emergency order’) designating
that area and containing emergency prohibitions.2
(2) An emergency order shall refer to the circumstances or suspected
circumstances in consequence of which in the opinion of the Department
Section 2 Food (Emergency Provisions) Act 1986
Page 6 AT 33 of 1986 c
food such as is mentioned in subsection (1)(b) is or may be or may
become unsuitable for human consumption.3
(3) Subject to subsection (4) and to section 2(2), any person who —
(a) contravenes an emergency prohibition, or
(b) causes or permits any other person to do so,
shall be guilty of an offence.
(4) It shall be a defence for a person charged —
(a) with contravening an emergency prohibition; or4
(b) with causing or permitting any other person to contravene such a
prohibition,
to show that the contravention took place outside the Island and Manx
waters.5
(5) An emergency order —
(a) shall be laid before Tynwald as soon as may be after it is made;
and
(b) subject to subsection (6), shall cease to have effect on the day after
the next sitting of Tynwald after it is made unless it has before
that day been approved by Tynwald.
(6) Subsection (5)(b) does not apply to an emergency order which —
(a) wholly or partly revokes an emergency order; and
(b) does nothing else, or nothing else except make provision
incidental or supplementary to the revocation.
(7) Where an emergency order designates any area of sea, the Department
shall send a copy of the order to the Secretary of State as soon as may be
after it is made.6
2 Powers when emergency order has been made
[P1985/48/2]
(1) The Department may consent, either unconditionally or subject to any
condition that it considers appropriate, to the doing in a particular case
of anything prohibited by an emergency order.
(2) It shall be a defence for a person charged with an offence under
section 1(3) to show —
(a) that consent had been given under subsection (1) to the
contravention of the emergency prohibition; and
(b) that any condition subject to which that consent was given was
complied with.
(3) The Department —
Food (Emergency Provisions) Act 1986 Section 3
c AT 33 of 1986 Page 7
(a) may give any person such directions as appear to it to be
necessary or expedient for the purpose of preventing human
consumption of food which it believes on reasonable grounds is
or may be or may become unsuitable for human consumption in
consequence of designated circumstances; and7
(b) may do anything which appears to the Department to be
necessary or expedient for that purpose;
and such directions may be given and such action may be taken after the
emergency order has ceased to be in force.
(4) Any person who —
(a) fails to comply with a direction under this section; or
(b) causes or permits any other person to do so,
shall be guilty of an offence.
(5) If the Department does anything by virtue of this section in consequence
of a failure on the part of any person to comply with such a direction, the
Department may recover from that person any expenses reasonably
incurred by it under this section.
(6) If the Department does anything by virtue of this section in consequence
of any person causing or permitting another person to fail to comply
with such a direction, it may recover from the person who caused or
permitted the failure to comply any expenses reasonably incurred by it
under this section.
Investigation and enforcement
3 Powers of officers
[P1985/48/4]
(1) An officer may enter any land, vehicle, vessel, aircraft, hovercraft or
marine structure if he has reasonable grounds to suspect —
(a) that food which is on or in it, or which is derived from anything
on or in it, is or may be or may become unsuitable for human
consumption in consequence of such circumstances as are
mentioned in section 1(1); or8
(b) that there is present on or in it any food —
(i) which has been in a designated area at any time before or
after the making of the emergency order which designated
the area; and
(ii) which is or may be or may become so affected by the
designated circumstances as to be unsuitable for human
consumption; or9
Section 3 Food (Emergency Provisions) Act 1986
Page 8 AT 33 of 1986 c
(c) that there is present on or in it anything from which food could be
derived —
(i) which has been in a designated area at any such time; and
(ii) which is or may be or may become so affected by the
designated circumstances as to cause any food derived
from it to be unsuitable for human consumption.10
(2) An officer may enter any land, vehicle, vessel, aircraft, hovercraft or
marine structure —
(a) if a direction under section 2 has been given in relation to it or in
relation to anything that he has reasonable ground to suspect to
be present on or in it; or
(b) if he has reasonable grounds to suspect that there is present on or
in it any document, book or other record that may assist him in
ascertaining the whereabouts of anything in relation to which
such a direction has been given; or
(c) if he has reasonable grounds to suspect that it is for any other
reason necessary for him to enter it for the purpose of performing
his functions under this Act.
(3) An officer may seize things for the purpose of performing his functions
under this Act.
(4) While an emergency order is in force, an officer may enter —
(a) any land, vehicle, vessel, aircraft, hovercraft or marine structure in
the designated area; and
(b) any land, vehicle, vessel, aircraft, hovercraft or marine structure
not in that area but on or in which he has reasonable grounds to
suspect that there is present —
(i) any food, or anything from which food could be derived,
which has been in that area at any time either before or
after the making of the emergency order; or
(ii) any document, book or other record that may assist him in
ascertaining the whereabouts of any such food or thing.
(5) An officer may exercise any powers conferred on him for the purposes of
this Act in relation to any vessel, aircraft, hovercraft or marine structure
only if it is in the Island or in Manx waters.11
(5A) An officer may exercise any powers conferred on him for the purposes of
this Act in relation to a foreign vessel, foreign aircraft, foreign hovercraft
or foreign marine structure only if he has reasonable grounds to suspect
that something to which an emergency prohibition relates has been, is
being or is about to be landed from it in the Island.12
(6) Schedule 2 shall have effect with respect to officers.
Food (Emergency Provisions) Act 1986 Section 4
c AT 33 of 1986 Page 9
Application to Crown
4 Application to Crown
[P1985/48/20]
(1) An emergency order operates in relation to land in the designated area in
which there is a Crown interest.
(2) An officer may perform functions under this Act in relation to land in
which there is a Crown interest, except land —
(a) in which there is no interest other than an interest belonging to a
government department of the United Kingdom or held in trust
for Her Majesty for the purposes of such a department; or
(b) which is exclusively in the occupation of such a department.
(3) In this section ‘Crown interest’ means any interest belonging to Her
Majesty in right of the Crown, or belonging to a government department
of the United Kingdom, or held in trust for Her Majesty for the public
service of the Island or for the purposes of such a department.
Legal proceedings
5 Penalties
[P1985/48/21]
(1) A person guilty of an offence under section 1(3) or 2(4) shall be liable —
(a) on summary conviction, to a fine not exceeding £5,000; or
(b) on conviction on information, to a fine or to imprisonment for a
term not exceeding 2 years, or to both.
(2) A person guilty of an offence under Schedule 2 shall be liable on
summary conviction to a fine not exceeding £5,000.
(3) Where an offence under this Act which has been committed by a body
corporate is proved to have been committed with the consent or
connivance of, or to be attributable to any neglect on the part of, a
director, manager, secretary or other similar officer of the body
corporate, or any person who was purporting to act in any such capacity,
he as well as the body corporate shall be guilty of that offence and liable
to be proceeded against and punished accordingly.
(4) Where the affairs of a body corporate are managed by its members,
subsection (3) shall apply in relation to the acts and defaults of a member
in connection with his functions of management as if he were a director
of the body corporate.
Section 6 Food (Emergency Provisions) Act 1986
Page 10 AT 33 of 1986 c
6 Defences
[P1985/48/22]
(1) In any proceedings for an offence under this Act it is a defence for the
person charged to prove that he took all reasonable precautions and
exercised all due diligence to avoid the commission of the offence.
(2) Without prejudice to the generality of subsection (1), a person is to be
taken to have established the defence provided by that subsection if he
proves —
(a) that he acted under instructions given to him by his employer; or
(b) that he acted in reliance on information supplied by another
person without any reason to suppose that the information was
false or misleading,
and in either case that he took all such steps as were reasonably open to
him to ensure that no offence would be committed.
(3) If in any case the defence provided by subsection (1) involves an
allegation that the commission of the offence was due to —
(a) an act or omission by another person, other than the giving of
instructions to the person charged with the offence by his
employer, or
(b) reliance on information supplied by another person, the person
charged shall not, without leave of the court, be entitled to rely on
that defence unless, within a period ending 7 clear days before the
hearing, he has served on the prosecutor a notice giving such
information identifying or assisting in the identification of that
other person as was then in his possession.
Supplemental
7 Financial provision
[P1985/48/23]
(1) Any expenses of the Department incurred in consequence of the
provisions of this Act shall be defrayed out of money provided by
Tynwald.
(2) Any receipts of the Department under this Act shall be paid into the
general revenue of the Island.
8 Interpretation
[P1985/48/1(2) and (3), 3(4) and 24(1)]
(1) In this Act —
“agricultural
” shall be construed in accordance with section 31(1) of the
Agricultural Holdings Act 1969;
Food (Emergency Provisions) Act 1986 Section 8
c AT 33 of 1986 Page 11
“the Agriculture Department
” [Repealed]13
“British fishery limits
” has the meaning given by the Fishery Limits Act 1976
(an Act of Parliament);
“British sea-fishery officer
” means any person who by virtue of section 7 of the
Sea Fisheries Act 1968 (an Act of Parliament), as it has effect in the Island,
is a British sea-fishery officer for the purposes of the Sea Fisheries Acts;
“creature
” means any living organism other than a human being or a plant;
“crops
” includes any form of vegetable produce;
“the Department
” means the Department of Environment, Food and
Agriculture;14
“designated area
” means an area designated by an emergency order;
“designated incident
” [Repealed]15
“designated circumstances
” means the circumstances or suspected
circumstances to which an emergency order refers in pursuance of
section 1(2);16
“emergency order
” means an order under section 1;
“emergency prohibitions
” means the prohibitions specified in Schedule 1;
“escape
” [Repealed]17
“fish
” includes shellfish, and part of a fish; and “fishing
” includes fishing for
shellfish;
“fishing boat
” means any vessel for the time being employed in fishing
operations or any operations ancillary thereto;
“food
” has the same meaning as in the Food Act 1996;18
“foreign
” means —
(a) in relation to an aircraft or hovercraft, an aircraft or hovercraft
which is not registered in the United Kingdom;
(b) in relation to a vessel or marine structure, a vessel or marine
structure which is not a Manx Vessel or a Manx marine structure;
“human consumption
” includes use in the preparation of food for human
consumption;
“Manx marine structure
” means a marine structure owned by or leased to an
individual residing in or a body corporate incorporated under the law of
the Island;
“Manx vessel
” means a vessel registered in the Island under the Merchant
Shipping Act 1894 (an Act of Parliament) or under any Act of Tynwald;
“Manx waters
” means the territorial waters adjacent to the coasts of the Island;
Section 9 Food (Emergency Provisions) Act 1986
Page 12 AT 33 of 1986 c
“marine structure
” means a platform or other man-made structure at sea, other
than a pipeline;
“officer
” means —
(a) an authorised officer (within the meaning of the Food Act 1996) of
the Department; or19
(b) a British sea-fishery officer;
“plants
” means any form of vegetable matter, while it is growing and after it
has been harvested, gathered, felled or picked, and in particular (but
without prejudice to the generality of this definition) includes —
(a) agricultural crops;
(b) trees and bushes grown for purposes other than those of
agriculture;
(c) wild plants; and
(d) fungi;
“sea
” includes any area submerged at mean high water springs and also
includes, so far as the tide flows at mean high water springs, an estuary
or arm of the sea and the waters of any channel, creek, bay or river;
“shellfish
” includes crustaceans and molluscs of any kind;
“vessel
” means any ship or boat, and any other vessel used in navigation.20
(2) Food derived from any creature is to be treated for the purposes of this
Act as also derived —
(a) from any feeding stuff which that creature has eaten; and
(b) from anything from which any such feeding stuff has been
derived,
and references in this Act to anything from which food could be derived
shall be construed accordingly.
(3) The Department may by order amend Schedule 1, but no such order
shall have effect unless it is approved by Tynwald.
(4) [Repealed]21
9 Short title
This Act may be cited as the Food (Emergency Provisions) Act 1986.
Food (Emergency Provisions) Act 1986 Schedule 1
c AT 33 of 1986 Page 13
SCHEDULE 1
EMERGENCY PROHIBITIONS
Section 1
Activities that may be prohibited in a designated area
1. An emergency order may prohibit any of the following in the designated
area —
(a) agricultural activities;
(b) the gathering or picking of wild plants;
(c) the slaughter of creatures;
(d) fishing for and taking fish; and
(e) the preparation and processing for supply to purchasers or others
of food and anything from which food could be derived.
Movements of food etc. that may be prohibited
2. An emergency order may prohibit the movement of food or anything from
which food could be derived —
(a) into or out of the designated area; or
(b) from one place to another within that area.
Activities that may be prohibited throughout the Island
3. An emergency order may prohibit any of the following anywhere in the Island
or in Manx waters —
(a) the use of anything taken from the designated area after a time
specified in the order in the preparation or processing for supply
to purchasers or others of food or anything from which food
could be derived;
(b) the landing of fish or other forms of aquatic produce which were
taken from waters in the designated area after a time so specified;
(c) the slaughter of creatures that were in the designated area after a
time so specified;
(d) the supply, or the possessing for supply, to purchasers or others
of any food, or anything from which food could be derived, which
was in the designated area after a time so specified;
(e) the feeding to creatures of any feeding stuff —
(i) that was prepared or processed in contravention of a
prohibition under paragraph 1(e);
Schedule 2
Food (Emergency Provisions) Act 1986
Page 14 AT 33 of 1986 c
(ii) that was taken from the designated area after a time
specified in the order; or
(iii) in the preparation or processing of which anything was
used in contravention of a prohibition under sub-
paragraph (a);
(f) the supply, or the possessing for supply, to purchasers or others
of any food or anything from which food could be derived —
(i) that was prepared or processed in contravention of a
prohibition under paragraph 1(e); or
(ii) in the preparation or processing of which anything was
used in contravention of a prohibition under sub-
paragraph (a).
SCHEDULE 2
POWERS OF OFFICERS
Section 3(6)
[P1985/48/Sch 2]
Assistance of officer
1. (1) An officer may take with him, to assist him in performing his functions,
any other person and any equipment or materials.
(2) A person whom an officer takes with him to assist him may perform any
of the officer’s functions, but only under the officers’ supervision.
Powers in relation to vessels, aircraft etc.
2. (1) In order to perform functions under this Act an officer may require any
person —
(a) to give details of any substances or articles on board a vessel,
aircraft, hovercraft or marine structure; and
(b) to give information concerning any substances or articles lost
from a vessel, aircraft, hovercraft or marine structure.
(2) In order to perform any such functions an officer —
(a) may require any vessel, aircraft, hovercraft or marine structure to
stop;
(b) may require the attendance —
(i) of the master, captain or commander of a vessel, aircraft or
hovercraft;
(ii) of the person in charge of a marine structure; and
Food (Emergency Provisions) Act 1986 Schedule 2
c AT 33 of 1986 Page 15
(iii) of any other person who is on board a vessel, aircraft,
hovercraft or marine structure;
and may require any person on board to assist him in the
performance of his functions.
(c) may require —
(i) the master, captain or commander of a vessel, aircraft or
hovercraft; and
(ii) the person in charge of a marine structure, to take it and its
crew to the port which appears to the officer to be the
nearest convenient port, or may take it there himself; and
(d) may detain a vessel, aircraft, hovercraft or marine structure.
(3) If an officer detains a vessel, aircraft, hovercraft or marine structure, he
shall serve on the master, captain, commander or person in charge a notice in writing
stating that it is to be detained until the notice is withdrawn by the service on him of a
further notice in writing signed by an officer.
(4) In this paragraph —
‘captain’, in relation to a hovercraft, means the person who is designated by the
operator to be in charge of it during any journey or, failing such
designation, the person who is for the time being lawfully in charge of it;
‘commander’, in relation to an aircraft, means the member of the flight crew
designated as commander of that aircraft by the operator or, failing such
designation, the person who is for the time being the pilot in command
of the aircraft.
Containers etc.
3. Without prejudice to his powers under any other provision of this Act, in order
to perform his functions an officer may —
(a) open any container;
(b) carry out searches, inspections, measurements and tests;
(c) take samples;
(d) require the production of documents, books and records; and
(e) photograph or copy any documents, books and records.
Evidence of officers’ authority
4. (1) An officer shall be furnished with a certificate of his auhorisation, and
when he proposes to perform any function under this Act he shall, if so requested,
produce that certificate.
(2) He shall also, if so requested, state —
(a) his name;.
Schedule 2
Food (Emergency Provisions) Act 1986
Page 16 AT 33 of 1986 c
(b) the function that he proposes to perform; and
(c) his grounds for proposing to perform it.
(3) The references to certificates of authorisation in sub-paragraph (1) are to
be construed, in relation to a British sea-fishery officer, as references to his warrant of
appointment as a British sea-fishery officer.
Time of performance of functions
5. An officer must perform his functions under this Act at a reasonable hour
unless it appears to the officer that there are grounds for suspecting that the purpose of
their performance may be frustrated if he seeks to perform them at a reasonable hour.
Entry into dwellings
6. (1) An officer may only enter a dwelling for the purpose of performing his
function under this Act if a justice of the peace has issued a warrant authorising him to
enter and search that dwelling.
(2) A justice of the peace may only issue such a warrant if on an application
made by the officer under oath he is satisfied —
(a) that the officer has reasonable grounds for believing that there is
present in the dwelling anything to which those functions relate,
and
(b) that —
(i) it is not practicable to communicate with any person
entitled to grant entry to the dwelling; or
(ii) a person entitled to grant entry to the dwelling has
unreasonably refused an officer entry; or
(iii) entry to the dwelling is unlikely to be granted unless a
warrant is produced; or
(iv) the purpose of entry may be frustrated or seriously
prejudiced unless an officer arriving at the dwelling can
secure immediate entry to it.
Use of reasonable force
7. An officer may use reasonable force, if necessary, in the performance of his
functions.
Protection of officers
8. An officer shall not be liable in any civil or criminal proceedings for anything
done in the performance or purported performance of his functions under this Act if
the court is satisfied that the act was done in good faith and that there were reasonable
grounds for doing it.
Food (Emergency Provisions) Act 1986 Schedule 2
c AT 33 of 1986 Page 17
Offences
9. Any person who —
(a) intentionally obstructs an officer in the performance of any of his
functions under this Act;
(b) fails without reasonable excuse to comply with a requirement
made or direction given by an officer in the performance of his
functions under this Act; or
(c) in purporting to give information required by an officer for the
performance of any of his functions under this Act —
(i) makes a statement which he knows to be false in a material
particular;
(ii) recklessly makes a statement which is false in a material
particular; or
(iii) intentionally fails to disclose any material particular,
shall be guilty of an offence.
Food (Emergency Provisions) Act 1986 Endnotes
c AT 33 of 1986 Page 19
ENDNOTES
Table of Legislation History
Legislation Year and No Commencement
Table of Renumbered Provisions
Original Current
Table of Endnote References
1
Para (a) substituted by Food (Emergency Provisions) (Amendment) Act 2001 s 1. 2
Subs (1) amended by SD155/10 Schs 3 and 11. 3
Subs (2) amended by Food (Emergency Provisions) (Amendment) Act 2001 s 1. 4
Para (a) amended by Food (Emergency Provisions) (Amendment) Act 2001 s 1. 5
Subs (4) amended by Food (Emergency Provisions) (Amendment) Act 2001 s 1. 6
Subs (7) added by Food (Emergency Provisions) (Amendment) Act 2001 s 1. 7
Para (a) amended by Food (Emergency Provisions) (Amendment) Act 2001 s 3. 8
Para (a) amended by Food (Emergency Provisions) (Amendment) Act 2001 s 2. 9
Subpara (ii) amended by Food (Emergency Provisions) (Amendment) Act 2001 s 2. 10
Subpara (ii) amended by Food (Emergency Provisions) (Amendment) Act 2001 s 2. 11
Subs (5) substituted by Food (Emergency Provisions) (Amendment) Act 2001 s 2. 12
Subs (5A) inserted by Food (Emergency Provisions) (Amendment) Act 2001 s 2. 13
Definition of ‘the Agriculture Department’ repealed by SD155/10 Schs 3 and 11. 14
Definition of ‘the Department’ amended by Food (Emergency Provisions)
(Amendment) Act 2001 s 3 and by SD155/10 Sch 3. 15
Definition of ‘designated incident’ repealed by Food (Emergency Provisions)
(Amendment) Act 2001 s 3. 16
Definition of ‘designated circumstances’ inserted by Food (Emergency Provisions)
(Amendment) Act 2001 s 3. 17
Definition of ‘escape’ repealed by Food (Emergency Provisions) (Amendment) Act
2001 s 3. 18
Definition of ‘food’ substituted by Food (Emergency Provisions) (Amendment) Act
2001 s 3.
Endnotes Food (Emergency Provisions) Act 1986
Page 20 AT 33 of 1986 c
19
Para (a) amended by Food (Emergency Provisions) (Amendment) Act 2001 s 3 and
by SD155/10 Schs 3 and 11. 20
Definition of ‘‘vessel’ substituted by Food (Emergency Provisions) (Amendment) Act
2001 s 3. 21
Subs (4) repealed by Food (Emergency Provisions) (Amendment) Act 2001 s 3.
