It is essential that all businesses involved with food should be conducted in accordance with the very extensive legislation that governs the sale of produce in the UK in order to avoid prosecution.

Businesses dealing with food must comply with not only EU legislation but also domestic legislation governed by the Food Safety & Hygiene (England) Regulations 2013.  

EU Legislation | Kangs Food Safety & Hygiene Solicitors

Regulation 178/2002 sets down the general principles of food safety and food law which business operators must comply with.  

The main provisions are as follows:

  • SafetyArticle 14 states that food shall not be placed on the market if it is unsafe. 

Food is deemed to be unsafe if it is:

  • Injurious to health;
  • Unfit for human consumption.
  • Presentation Article 14 states that labelling, advertising and presentation shall not mislead consumers.
  • TraceabilityArticle 18 requires food business operators to keep records of the following:
    • Food;
    • Food substances;
    • Food producing animals supplied to their business;
    • Business to which their products have been supplied.

This information must be made available to competent authorities on demand.

  • Imports – Article 11 states that food which is imported into the EU for sale shall comply with the requirement of food law recognised by the EU or follows specific agreed requirements.
  • Exports – Article 12 states that food which is exported or re-exported from the EU must comply with the requirements of food law. 
  • Withdrawal, recall and notification – Article 19 requires food business operators to withdraw food which is not compliant with food safety requirements.

National Legislation

The Food Safety & Hygiene (England) Regulations 2013 provides for the enforcement of certain provisions of Regulation 178/2002.

The General Food Regulations 2004 provides the enforcement of certain provisions of Regulation 178/2002 and amended Food Safety Act 1990 to bring it in line with the above Regulation.

Offences under the Food Safety Act 1990.

Section 7 – Rendering food injurious to health by:

  • Adding an article or substance to the food;
  • Using an article or substance as an ingredient in the preparation of the food;
  • Abstracting any constituent from the food;
  • Subjecting the food to any process or treatment;
  • With the intention that it shall be sold for human consumption.

Section 14 – Selling to the purchaser’s prejudice any food which is not of the nature or substance or quality demanded by the purchaser. 

Section 15 – Falsely describing or presenting food.

Potential Defences | Environmental Health Defence Solicitors

  1. Under Section 20, if the commission of an offence is due to the act or default of another person, the other person is guilty of the offence.
  2. Under Section 21, in proceedings for an offence under the provisions of Part 2 of the Act, which includes the offences listed above – it is a defence for a food business operator to prove that he took all reasonable precautions and exercised due diligence to avoid the commission of the offence.

How We Can Help | Kangs Food Safety Regulation Solicitors

Our Team at Kangs Solicitors has a wealth of knowledge and experience dealing with all matters relating to food hygiene and safety legislation.

Our Team is able to provide advice and assistance in relation to all matters concerning food safety including defending proceedings through the Courts.

Who Can I Contact For Help? | Kangs Regulatory Defence Solicitors

Please feel free to contact our Team through any of the solicitors named below who will be able to provide you with some initial advice and assistance.

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@kanngssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 0161 817 5020

Amandeep Murria
amurria@kangssolicitors.co.uk
020 7936 6396 | 0121 449 9888