Food and Drugs Act 1938

Food and Drugs Act 1938[a]
Act of Parliament
Parliament of the United Kingdom
Long titleAn Act to consolidate with amendments certain enactments relating to food, drugs, markets, slaughter-houses and knackers' yards.
Citation1 & 2 Geo. 6. c. 56
Territorial extent England and Wales[b]
Dates
Royal assent29 July 1938
Commencement1 October 1939[c]
Repealed22 November 1955
Other legislation
AmendsSee § Repealed enactments
Repeals/revokesSee § Repealed enactments
Amended by
  • Food and Drugs Amendment Act 1954
Repealed byFood and Drugs Act 1955
Status: Repealed
Text of statute as originally enacted
Text of the Food and Drugs Act 1938 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Food and Drugs Act 1938 (1 & 2 Geo. 6. c. 56) was an act of the Parliament of the United Kingdom that consolidated enactments related to food, drugs, markets, slaughter-houses and knackers' yards in England and Wales.[1]

Provisions

Repealed enactments

Section 101(1) of the act repealed 36 enactments for England and Wales, listed in the first part of the fourth schedule to the act.[2]

Citation Description Description Extent of repeal
32 Hen. 8. c. 40 Physicians Act 1540 Concerning Physicians. Sections two and three.
1 Mary Sess. 2. c. 9 College of Physicians Act 1553 An Acte touching the incorporations of the Physicians in London. The whole act.
6 Ann. c. 68[d] City of London (Garbling of Spices and Admission of Brokers) Act 1707 An Act for repealing the Act of the First year of King James the First intituled an Act for the well garbling of Spices. The whole act.
5 Geo. 1. c. 11 Adulteration of Coffee Act 1718 The Adulteration of Coffee Act, 1718. The whole act.
11 Geo. 1. c. 30 Adulteration of Tea and Coffee Act 1724 The Adulteration of Tea and Coffee Act, 1724. Section nine.
7 Geo. 2. c. 19 Adulteration of Hops Act 1733 The Adulteration of Hops Act, 1733. The whole act.
26 Geo. 3. c. 71 Knackers Act 1786 The Knackers Act, 1786. The whole act.
55 Geo. 3. c. 194 Apothecaries Act 1815 The Apothecaries Act, 1815. Sections three and four, and in section eight the words from "save and except" (where those words first occur) to "medicines, and also".
3 Geo. 4. c. cvi London Bread Trade Act 1822 An Act to repeal the Acts in force relating to bread to be sold in the City of London and the Liberties thereof, and for other purposes in the said Act mentioned. The whole act.
6 & 7 Will. 4. c. 37 Bread Act 1836 The Bread Act, 1836. The whole act.
7 & 8 Vict. c. 87 Knackers Act 1844 The Knackers Act, 1844. The whole act.
38 & 39 Vict. c. 55 Public Health Act 1875 The Public Health Act, 1875. Sections one hundred and sixteen to one hundred and nineteen, and one hundred and sixty-six to one hundred and seventy; the Third Schedule and, in the Fourth Schedule, Forms L, M and O.
41 & 42 Vict. c. 49 Weights and Measures Act 1878 The Weights and Measures Act, 1878. Part II of the Sixth Schedule, so far as respects any local authority outside London who are a market authority for the purposes of this Act.
47 & 48 Vict. c. 12 Public Health (Confirmation of Byelaws) Act 1884 The Public Health (Confirmation of Byelaws) Act, 1884. Section three, so far as it relates to byelaws made under section one hundred and twenty-eight of the Towns Improvement Clauses Act, 1847, or section forty-two of the Markets and Fairs Clauses Act, 1847, by virtue of their incorporation with the Public Health Act, 1848, the Local Government Act, 1858, or the Public Health Act, 1875.
50 & 51 Vict. c. 27 Markets and Fairs (Weighing of Cattle) Act 1887 The Markets and Fairs (Weighing of Cattle) Act, 1887. Sections four to nine, so far as respects any local authority outside London who are a market authority for the purposes of this Act.
52 & 53 Vict. c. 11 Sale of Horseflesh, &c. Regulation Act 1889 The Sale of Horseflesh, &c., Regulation Act, 1889. The whole act.
53 & 54 Vict. c. 34 Infectious Disease (Prevention) Act 1890 The Infectious Disease (Prevention) Act, 1890. The whole act.
53 & 54 Vict. c. 59 Public Health Acts Amendment Act 1890 The Public Health Acts Amendment Act, 1890. Paragraph (2) of section three and sections twenty-eight to thirty-one, and fifty.
54 & 55 Vict. c. 70 Markets and Fairs (Weighing of Cattle) Act 1891 The Markets and Fairs (Weighing of Cattle) Act, 1891. Sections one and two, so far as respects any local authority outside London who are a market authority for the purposes of this Act.
56 & 57 Vict. c. 73 Local Government Act 1894 The Local Government Act, 1894. In section sixteen, subsection (1) so far as regards functions of a rural district council which are functions under this Act; in section twenty-five, subsections (1) and (7) so far as regards functions of a council which are functions under this Act; subsection (2) of section twenty-seven and section sixty-three so far as regards functions of a council which are functions under this Act.
7 Edw. 7. c. 32 Public Health (Regulations as to Food) Act 1907 The Public Health (Regulations as to Food) Act, 1907. The whole act.
7 Edw. 7. c. 53 Public Health Acts Amendment Act 1907 The Public Health Acts Amendment Act, 1907. In section one, the reference to Part IV—Infectious diseases; in section thirteen, the definitions of "dairy", "dairyman" and "infectious disease"; and sections fifty-three and fifty-four.
8 Edw. 7. c. 6 Public Health Act 1908 The Public Health Act, 1908. The whole act.
5 & 6 Geo. 5. c. 66 Milk and Dairies (Consolidation) Act 1915 The Milk and Dairies (Consolidation) Act, 1915. The whole act.
12 & 13 Geo. 5. c. 28 Bread Acts Amendment Act 1922 The Bread Acts Amendment Act, 1922. The whole act.
12 & 13 Geo. 5. c. 54 Milk and Dairies (Amendment) Act 1922 The Milk and Dairies (Amendment) Act, 1922. The whole act.
15 & 16 Geo. 5. c. 71 Public Health Act 1925 The Public Health Act, 1925. Sections seventy-one and seventy-two.
16 & 17 Geo. 5. c. 21 Markets and Fairs (Weighing of Cattle) Act 1926 The Markets and Fairs (Weighing of Cattle) Act, 1926. In section two the words from the beginning to "facilities for weighing cattle and" and the word "respectively"; section three, and the Schedule; so far as respects any local authority outside London who are a market authority for the purposes of this Act.
18 & 19 Geo. 5. c. 31 Food and Drugs (Adulteration) Act 1928 The Food and Drugs (Adulteration) Act, 1928. The whole act.
19 & 20 Geo. 5. c. 17 Local Government Act 1929 The Local Government Act, 1929. In section fifty-seven, subsections (2) and (3) so far as regards functions relating to public health which are functions under this Act.
19 & 20 Geo. 5. c. 32 Artificial Cream Act 1929 The Artificial Cream Act, 1929. The whole act.
22 & 23 Geo. 5. c. 28 Public Health (Cleansing of Shellfish) Act 1932 The Public Health (Cleansing of Shellfish) Act, 1932. The whole act.
23 & 24 Geo. 5. c. 51 Local Government Act 1933 The Local Government Act, 1933. In section one hundred and fifty-nine, subsection (2) so far as it relates to purposes which are purposes of this Act.
24 & 25 Geo. 5. c. 51 Milk Act 1934 The Milk Act, 1934. Section ten.
26 Geo. 5 & 1 Edw. 8. c. 50 Public Health (London) Act 1936 The Public Health (London) Act, 1936. Subsections (1) to (7) and (9) to (11) of section one hundred and eighty; sections one hundred and eighty-one to one hundred and eighty-three, one hundred and eighty-five to one hundred and ninety-one, two hundred and six and two hundred and seven; in section two hundred and seventy-four, the proviso to subsection (1); in section two hundred and seventy-six, proviso (b) to subsection (1) and subsection (2); and in section three hundred and one the words in subsection (2) from "relating to the registration" to "preserved food, or."
1 Edw. 8 & 1 Geo. 6. c. 67 Factories Act 1937 The Factories Act, 1937. Subsection (1) of section one hundred and fifty-seven and Part I of the Third Schedule.

Section 101(1) of the act also extended the repeal of 4 enactments to Scotland, listed in the second part of the fourth schedule to the act.

Citation Short title Extent of repeal
6 & 7 Will. 4. c. 37 Bread Act 1836 The Bread Act, 1836. The whole act.
7 Edw. 7. c. 32 Public Health (Regulations as to Food) Act 1907 The Public Health (Regulations as to Food) Act, 1907. The whole act, in so far as it empowers regulations to be made regarding food (excluding milk).
12 & 13 Geo. 5. c. 28 Bread Acts Amendment Act 1922 The Bread Acts Amendment Act, 1922. The whole act.
18 & 19 Geo. 5. c. 31 Food and Drugs (Adulteration) Act 1928 The Food and Drugs (Adulteration) Act, 1928. Section six (except subsections (2) and (7)); sections twelve, twenty and twenty-three; the proviso to subsection (3) of section twenty-seven and subsections (5) and (6) of section twenty-eight.

Section 101(1) of the act also extended the repeal of 1 enactment to Northern Ireland and the Isle of Man, listed in the third part of the fourth schedule to the act.

Citation Short title Extent of repeal
18 & 19 Geo. 5. c. 31 Food and Drugs (Adulteration) Act 1928 The Food and Drugs (Adulteration), Act 1928. Sections twelve and twenty; the proviso to subsection (3) of section twenty-seven; and subsections (5) and (6) of section twenty-eight and section thirty-six.

Subsequent developments

The whole act was repealed by section 136(1) of, and the eleventh schedule to, the Food and Drugs Act 1955 (4 & 5 Eliz. 2. c. 16), which came into force on 22 November 1955.

Notes

  1. ^ Section 103(1).
  2. ^ Section 103(3).
  3. ^ Section 103(1).
  4. ^ This is the chapter in The Statutes of the Realm.

References

  1. ^ "The Food and Drugs Act, 1938". Nature. 143 (3614): 197–197. 1 February 1939. doi:10.1038/143197c0. ISSN 1476-4687.
  2. ^ "Food and Drugs Act 1938", legislation.gov.uk, The National Archives, Geo6/1-2 c. 56
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