Food Safety Law Explained
The definition of food can be found in The Food Safety Act 1990 and Article 2 of Assimilated Regulation (EC) 178/2002, which say food is any substance or product, whether processed, partially processed or unprocessed, intended to be or reasonably expected to be ingested by humans.
Food safety law is a mixture of statutory legislation and regulations, including inspection laws and standards concerning food additives. It also governs the quality and safety of food supplies in order to protect consumers from adulterated, spoiled, and contaminated foods, at both national and international levels.
It is a criminal offence to produce, sell, or falsely identify food that is not fit for human consumption. Investigation and enforcement is carried out by the Food Standards Agency and Environmental Health Officers.
Sukhdip Randhawa of KANGS outlines the current legislation.
The Relevant Law
The Food Safety Act 1990 (‘the Act’) provides as follows.
S.7 Rendering food injurious to health.
Section 7 of the Food Safety Act 1990 dictates that:
Any person who renders any food injurious to health by:
- adding any article or substance to the food;
- using any article or substance as an ingredient in the preparation of the food;
- abstracting any constituent from the food; and
- subjecting the food to any other process or treatment
with intent that it shall be sold for human consumption, shall be guilty of an offence.
Assimilated Regulation (EC) 178/2002 (‘the Regulations’).
Article 14 provides for food safety requirements as follows.
Food shall not be placed on the market if it is unsafe.
Food shall be considered unsafe if considered to be:
- injurious to health,
- unfit for human consumption.
In determining whether any food is unsafe regard shall be had to:
- the normal conditions of use of the food by the consumer and at each stage of production, processing and distribution, and
- to the information generally available to the consumer concerning the avoidance of specific adverse health effects from a particular food or category of foods.
In determining whether any food is injurious to health, regard shall be had:
- not only to the probable immediate and/or short -term and/or long- term effects of that food on the health of a person consuming it, but also on subsequent generations,
- to the probable cumulative toxic effects,
- to the particular health sensitivities of a specific category of consumers where the food is intended for that category of consumers.
In determining whether any food is unfit for human consumption, regard shall be had to:
- whether the food is unacceptable for human consumption according to its intended use,
- reasons of contamination, whether by extraneous matter or otherwise, or
- putrefaction, deterioration or decay.
Consumer Protection
Selling food not of the nature or substance or quality required.
S. 14 of the Act states that any person who sells to the purchaser’s prejudice any food which is not of the nature or substance or quality demanded by the purchaser shall be guilty of an offence.
Falsely describing or presenting food
S.15 of the Act states that any person who gives with any food sold by him, or displays with any food offered or exposed by him for sale or in his possession for the purpose of sale, a label, whether or not attached to or printed on the wrapper or container which:
- falsely describes the food or
- is likely to mislead as to the nature or substance or quality of the food shall be guilty of an offence.
Items Which Do Not Constitute Food
Article 2 of the Regulations states that ‘Food’ shall not include:
- feed,
- live animals unless they are prepared for placing on the market for human consumption,
- plants prior to harvesting,
- certain defined medicinal products,
- specified cosmetics,
- specified tobacco and tobacco products,
- defined narcotic or psychotropic substances,
- residues and contaminants.
Potential Defences
Anyone charged with any offence relating to food safety may be able to rely upon the following defences.
Fault of another person
This defence may be acceptable where it can be shown that an offence is due to an act or default of some other person. Additionally, in these circumstances that other person may be charged with and convicted of the offence.
Due diligence
It may be a defence to prove that all reasonable precautions were taken and that all due diligence was exercised to avoid the commission of the offence.
Publication of advertisements in the course of business
In proceedings for an offence concerning the improper advertisement for sale of any food, it may be a defence for the person charged to prove that:
- he is a person whose business it is to publish or arrange for the publication of advertisements; and
- he received the advertisement in the ordinary course of business and did not know and had no reason to suspect that its publication would amount to an offence.
Sentencing Following Conviction
Offences, contrary to the Food Safety Act, are ‘either way’ offences meaning that they can be tried before either a Magistrates’ Court, or a Crown Court.
Upon summary conviction before a Magistrates’ Court, a defendant can receive a fine, the maximum term of imprisonment the Magistrates’ Court may impose, or both.
Severe breaches will be tried before a Crown Court and, upon conviction, a defendant could receive a fine, a sentence of up to two years’ imprisonment or both.
How Can We Assist?
The team at KANGS regularly defends individuals, company directors and companies charged with breaches of Food Safety Legislation.
If you or your business is being investigated or prosecuted for failing to comply with food safety or hygiene regulations, or if you have been served with an Emergency Hygiene Prohibition Notice, our experienced solicitors are here to support you. We understand how stressful and complex these situations can be, and we are committed to providing clear advice, practical solutions and expert legal representation throughout your matter.
The team at KANGS has extensive experience supporting food businesses of all types and sizes, including restaurants, takeaways, food vans, cafés, bakers, butchers and retailers amongst others.
We would be delighted to help you navigate the complex nature of Food Safety and Hygiene law. Do not hesitate to contact us using the details provided below:
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.
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