Commentary on Sections Section 1: Product liability: repeal of exclusion for game and agricultural produce
Section 1repeals an existing exemption which has applied to primary agricultural products, defined in the earlier 1985 Directive as meaning products of the soil, of stock farming and of fisheries which have not undergone “initial processing”.  The effect will be that an action may be taken if it can be proved that such a product caused an injury or illness and that product can be traced back to its origin.  A summary of the various matters relating to the 1985 Directive which will now apply to such products is enclosed at Annex B.