Section 10: Emergency closing order

10. Emergency closing order (1) Where the authorised officer is of the opinion that any food premises are in such condition that the manufacture, production, packaging, preparing, storing or selling of food therein, or product prepared therein, constitutes an imminent hazard to health, he may serve on the owner, occupier or licensee, as the case may be, a notice in the form specified in the Ninth Schedule. (2) A notice under subsection (1) shall— (a) give particulars of the condition of the premises which constitute the hazard to health; (b) explicitly specify the work to be executed or measures to be taken to remedy the situation; and (c) fix a reasonable time for compliance. F18 – 7 [Issue 1] Food Act (3) Where a person to whom notice is given under this section fails to comply with the notice, the Permanent Secretary may, after the expiration of the time fixed in the notice and where he has reasonable ground to believe that it constitutes an imminent hazard to health, issue an emergency closing order in the form specified in the Tenth Schedule. (4) (a) The owner, occupier or licensee of the premises, as the case may be, may apply by way of plaint with summons to the District Magistrate for the discharge of the order. (b) The plaint shall state the grounds on which the discharge of the order is being sought and the matter shall be heard and determined according to the procedure prescribed by the District and Intermediate Courts (Civil Jurisdiction) Act. (c) Pending the decision of the District Magistrate upon a plaint under this section, the emergency closing order shall remain in force, or may be amended or stayed in such manner as the District Magistrate considers necessary. (d) The Magistrate may dismiss the plaint or discharge the order or amend the order, alter its duration or impose such conditions as he considers expedient and proper for the purposes of the Act. (e) Any party aggrieved by the decision of the District Magistrate may appeal to the Supreme Court according to the procedure prescribed by sections 36 and 37 of the District and Intermediate Courts (Civil Jurisdiction) Act. (5) Notwithstanding this section, no person shall be relieved from any other liability arising from his failure to comply with this Act, or any regulations made under this Act. (6) (a) A copy of an order under this section, signed by the District Clerk, shall be a sufficient warrant for its enforcement by the Commissioner of Police. (b) A copy of an order under this section shall be affixed on the main door of the establishment where the offence was committed. (7) The Permanent Secretary may, in writing, withdraw the emergency closing order issued under subsection (3) where he is satisfied that the manufacture, production, packaging, preparing, storing or selling of food on the premises does not any more constitute a hazard to health.