Cap. 449 Art. 39Undertakings.

(1) When it appears to the Food Safety and Security

Authority that any person engaged in any food business has engaged in any conduct that constitutes an offence against articles 11 to 14 and articles 16 to 19, the Food Safety and Security Authority may, at its discretion, instead of causing proceedings to be instituted against that person, caution that person in writing, and seek an undertaking in writing from that person that he shall refrain from the conduct specified in the undertaking for such period as may be agreed to by the parties concerned, and, without prejudice to subarticle (3), upon the making of such undertaking no further proceedings may be instituted with respect to such offence.

(2) The Food Safety and Security Authority shall maintain a register of undertakings made under subarticle (1), which register shall be kept at an office specified by the Food Safety and Security Authority, and shall be available for viewing by any person at such times as may be established by the Food Safety and Security Authority.

(3) Any person who acts in contravention of an undertaking made in accordance with subarticle (1) shall be guilty of an offence against this article.

Defences