Searches under the Food Safety Act 1990
Searches under the Food Safety Act 1990

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • Searches under the Food Safety Act 1990
  • Enforcement under the Food Safety Act
  • Searches under a warrant
  • Additional powers of seizure
  • Application for return of property seized under a warrant

Enforcement under the Food Safety Act

An authorised officer of an enforcement authority has a right, at a reasonable hour, to enter any premises within the authority's area to ascertain whether there is or has been on the premises any contravention of the Food Safety Act 1990 (FSA 1990). The officer must be able to produce some duly authenticated document showing their authority if they are requested to by the occupant.

An authorised officer also has the power to enter any business premises either within or outside the authority's area, to ascertain whether there is any evidence of any contravention within that area of any of such provisions on the premises.

An authorised officer of a Food Authority may also to enter any premises for the purpose of the performance by the authority of their functions under the FSA 1990.

If the premises is only used as a private dwelling-house, access to the premises should not be demanded as of right unless 24 hours' notice of the intended entry has been given to the occupier.

An 'authorised officer', in relation to a food authority, means any person (whether or not an officer of the authority) who is authorised by them in writing, either generally or specially, to take steps in respect of the food safety legislation. The Secretary of State may provide by