On 16th March 2020, the Food Standards Agency launched its ‘Don’t Risk It Campaign’ providing advice to businesses regarding compliance with food allergen rules.

Helen Holder of Kangs Solicitors comments generally.

The Position | Kangs Food Allergen Advisory Team

  • Given that the number of people suffering food allergies has increased substantially throughout the last decade, it is extremely important that those involved in businesses handling food in any fashion are aware of and fully comply with the extensive and complicated Food Regulations. 
  • The current legislation came into force in December 2014 and requires businesses to provide information to customers on fourteen allergens arising from, for example, more commonly known sources such as peanuts to lesser known ones such as mustard.

The Law | Kangs Food Safety Advisory Solicitors

  • The current law was introduced by the EU Food Information for Consumers Regulation No. 1169/2011 (‘EU FIC’). 
  • EU FIC is enforced in England, Scotland, Wales and Northern Ireland by the Food Information Regulations 2014 which provide:
  1. Section 10 – a person is guilty of a criminal offence if they fail to comply with provisions of the EU FIC.
  2. Section 11 – the offence is a summary only offence dealt with by a Magistrates’ Court and, upon conviction, is punishable by way of a fine.   

Investigation and Prosecution | Environmental Health Offences DefenceSolicitors

  • Food Safety law is enforced by the relevant Local Authority which can issue advice to businesses on how to operate within the law. 
  • If the advice received from the Local Authority is not followed, an Improvement Notice can be issued. 
  • Failure to comply with an Improvement Notice may result in the Local Authority commencing a Prosecution.
  • Not only would a Prosecution normally lead to the imposition of a fine but it would, more often than not, result in adverse publicity creating reputational damage to the business, potentially leading to financial loss with may seriously affect the integrity of a business.    

How Can We Help? | Kangs Food Regulation Offences Defence Solicitors

In the light of the foregoing, it is clearly imperative for those operating businesses involving food should be aware of all aspects of food handling legislation.

Kangs Solicitors fields a team containing solicitors possessing years of experience and accumulated in-depth knowledge of Environmental Health and Food Hygiene Law. If you require advice on any area of Environmental Health or Food Hygiene Law, then please do not hesitate to contact our team through any of the following:  

Suki Randhawa
srandhawa@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 07989 521210

John Veale
jveale@kangssolicitors.co.uk
0121 449 9888 | 07989 521210

Helen Holder
hholder@kangssolicitors.co.uk
0121 449 9888 | 07989 521210