Cap. 449 Art. 36Emergency prohibition orders.

(1) Where the Food Safety and Security Authority is satisfied that a health risk condition exists with respect to any food business, it may, by order served on the responsible person of the business, hereinafter in this Act referred to as an ''emergency prohibition order'', impose the appropriate prohibition in accordance with this article.

(2) Any person who fails to comply with an emergency prohibition order shall be guilty of an offence against this article.

(3) The provisions of article 34(2) and (3) shall, mutatis apply with regard to emergency prohibition orders under mutandis, this article as if reference to the court in such subarticles were a reference to the Food Safety and Security Authority, and as if the reference in article 34(2) to risk of injury were a reference to imminent risk of injury.

(4) The provisions of article 34(10) shall, mutatis mutandis, apply with respect to an emergency prohibition order.

(5) As soon as is practicable, after the making of an emergency prohibition order, the Food Safety and Security Authority shall -

(a) serve a copy of the order on the responsible person of the business; and

(b) affix a copy of the order in a conspicuous place on the premises used for the purposes of that business as it may consider appropriate, and any person who knowingly contravenes such an order or in any way defaces, erases, obscures, damages or removes the said copy of the order, shall be guilty of an offence against this article.

(6) An emergency prohibition order shall cease to have effect on the issue by the Food Safety and Security Authority of a certificate to the effect that it is satisfied that the responsible person has taken sufficient measures to secure that the health risk no longer exists with respect to the business.

(7) The Food Safety and Security Authority shall issue a certificate under subarticle (6) within three days of its being satisfied that the measures therein mentioned have been taken; and on an application by the responsible person for such a certificate, the Food Safety and Security Authority shall -

(a) determine, as soon as is reasonably practicable and in any event not later than ten days after such application, whether or not it is so satisfied; and

(b) if it determines that it is not so satisfied, give notice to the responsible person of the reasons for that determination.

(8) (a) Any person who feels himself aggrieved by any emergency prohibition order made on him may, within fifteen days from the making of the order, by application served on the Food Safety and Security Authority, appeal against it to the First Hall of the Civil Court and, if the court, after appointing the application for hearing and after examining such evidence as may be produced by the parties, is -

(i) satisfied that the imminent risk to health exists in accordance with the provisions of article 34(2), the court shall dismiss the appeal and confirm the order,

(ii) not satisfied that the imminent risk to health exists in accordance with the provisions of article 34(2), it may order the Food Safety and Security Authority to pay to the person making the application a reasonable amount as compensation for any loss suffered by reason of his complying with the order.

(b) The Food Safety and Security Authority shall file a reply to such application within such time, not being less than twenty-four hours, as the court may determine.