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Environmental Health, Food Hygiene & Food Safety Solicitors

Food safety is essential not only to consumers but also businesses involved in the production and supply of food.

Consumers must have confidence that the food they buy and eat will not cause them harm.

Food businesses have a clear legal duty to ensure that food served or sold to customers is safe and fit for human consumption and the owners and proprietors of all businesses, whether incorporated companies or otherwise, are responsible for ensuring that the law is strictly observed at all times.

Kangs Solicitors have considerable experience in representing businesses and their owners facing prosecution for environmental health and food law offences.

We frequently advise on:

  • all aspects of Environmental Health and Food Safety Law
  • the content and legal implications of an Improvement or Prohibition Notice and the action required to satisfy the requirements thereby imposed
  • how to deal with any forthcoming interviews under Caution to be conducted by the Local Authority, and we attend to provide the necessary advice and support
  • proceedings that have been issued and prepare such defence as may be available for presentation to a Court

The Law

Food Safety Act 1990 (‘the Act’)

The Act contains the framework for all food legislation and creates three offences:

1. Rendering food injurious to health (section 7)

This covers circumstances where a person is alleged to have added or extracted an ingredient from the food which then makes the food injurious to the health of the recipient.

An example may arise where an additive is added to the food item that has not been approved for consumption and which has caused harm to the consumer.

2. Selling food which is not of the nature or quality demanded (section 14)

This covers situations where a food product is misrepresented as to content such as a fish and chip shop selling cod as haddock or farm factory eggs being sold as free range.

3. Falsely or misleadingly describing or presenting food (section 15)

This covers misleading labels or advertisements that falsely describe or present the food item in a way which misleads as to its nature, substance or quality such as asparagus purporting to be grown in the Vale of Evesham when it has been imported from Peru.

Supporting Regulations (‘the Regulations’)

In addition to the Act, there are also numerous Regulations, from both the EU and the UK, the most important being:

  • Food Information Regulations 2014
  • The Food Safety and Hygiene (England) Regulations 2013
  • The General Food Regulations 2004
  • Regulation 852/2004 (relates to the hygiene of foodstuffs)
  • Regulation 853/2004 (sets out hygiene rules for foods of animal origin)
  • Regulation 854/2004 (covers the specific controls of foods of animal origin)

The Regulations set out the basic requirements for all aspects of business and cover a wide range of issues including

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Premises

Premises must be kept clean and maintained in good repair and condition in order to:

  • Allow adequate maintenance, cleaning and disinfection
  • Avoid or minimise contamination
  • Provide sufficient space to carry out tasks hygienically
  • Protect against the build-up of dirt
  • Provide suitable conditions for storing and handling food
  • Ensure there are a sufficient number of flush lavatories not open into rooms where food is prepared
  • Ensure there are a sufficient number of wash basins with hot and cold running water
  • Allow good food hygiene practices

Equipment

All fittings and equipment that food touches must be:

  • Cleaned effectively in order to avoid contamination
  • Made of the appropriate materials and kept in good condition to avoid contamination
  • Installed in a way that allows adequate cleaning

Food

Contaminated food can have serious consequences to public health.

To avoid food contamination:

  • Raw materials or ingredients must not be accepted if it is known, or it ought reasonably to be known, that they are contaminated in a way that would make the final product unfit for human consumption
  • Storage of all raw materials and ingredients must be in appropriate conditions to prevent harmful deterioration
  • At all stages, food must be protected against any contamination likely to make the final product unfit for human consumption
  • Adequate procedures must be in place to control pests and prevent domestic animals from getting inside and coming into contact with areas where food is prepared

Food Waste

Food waste can often be the primary source of contamination and pests. The Regulations seek to prevent this by setting out that any business:

  • Must remove food waste and other rubbish from rooms where food is present, as quickly as possible
  • Utilises containers that house food waste and rubbish which are closed
  • Provides adequate facilities for storing and disposing of food waste and other rubbish
  • Ensures that food waste and other rubbish is disposed of in a hygienic and environmentally friendly way

Personal Hygiene

Every person working in a food area must maintain a high level of personal cleanliness by:

  • Wearing suitable clean clothing
  • Ensuring hair is tied back and that appropriate head covering is worn
  • Not wearing jewellery when preparing food
  • Not smoking, sneezing or touching their hair and face when preparing food

Effective handwashing is very important when coming into contact with food to help prevent harmful bacteria from spreading from a person’s hands to food, work surfaces and equipment

Transport

Vehicles and/or containers used to transport food must be kept clean and maintained in good repair and condition to protect the food from contamination.

Hazard Analysis and Critical Control Point

All businesses MUST have in place food safety management procedures.

In practice, this means that all businesses must have procedures in place to manage food safety hazards and this involves:

  • Looking closely at business procedures and identifying what could go wrong
  • Identifying the critical control points in order to prevent or reduce hazards (i.e. the stages at which a hazard can be prevented or eliminated)
  • Establishing critical limits for each critical control point (i.e. the maximum and minimum level to which a hazard must be controlled)
  • Deciding on what action needs to be taken if something goes wrong
  • Making sure that procedures are working at all times
  • Establishing corrective actions
  • Keeping records to ensure procedures are working

Enforcement

Enforcement for breaches of environmental health and food hygiene is primarily the responsibility of Environmental Health and Trading Standards officers of the local authority.

Trading Standards officers are primarily concerned with food labelling whereas Environmental Health officers, are, ultimately, concerned with the hygiene of food premises and contamination of food.

The work of the local authority in this area is overseen by the Food Standards Agency which is responsible for implementing national uniformed guidance such as the Food Law Codes of Practice.

The Act empowers authorised officers to:

  • Enter food premises unannounced to investigate possible offences (It is a criminal offence to refuse an authorised officer entry)
  • Inspect premises, processes and records
  • Inspect food to see whether it is safe
  • Take samples of and seize food and food ingredients

There are a number of enforcement powers open to authorised officers and these include:

Hygiene Improvement Notice | Prohibition Orders

Improvement Notices: require business owners to undertake specific measures in respect of their business. The Notice will provide for the work required to be remedied within no less than 14 days. Failure to make the improvements within this time, may lead to prosecution.

Prohibition Orders: prohibit the use of a particular premises or equipment.

Emergency Hygiene Prohibition Orders (Closure Order/Notice)

  • These may be issued where the authorised officer believes there is an imminent risk of injury to health.
  • These types of Orders, imposed by the Magistrates’ Courts, can have serious consequences for a business and if the Court decides that a business should be closed, it will remain closed until the conditions that pose the imminent risk to public health have been put right.

Emergency Control Orders

These may apply in order to remove substantial threats to public health i.e. the prevention of distribution and sale of contaminated food

Prosecution

The local authority can ultimately commence legal proceedings in a criminal court for any breach of the Act or the Regulations

Possible defences to prosecution provided by the Act.

There may be a defence if it can be shown that:

  • Due diligence was exercised i.e. that the person responsible took all reasonable precautions to avoid the commission of the offence
  • The offence was due to the fault of someone other than the person charged

Sentencing following conviction for breach of the law.

Breaches of the Act and the Regulations can result in:

  • a substantial fine, in respect of which no limit is imposed upon the sentencing court,
  • a period of imprisonment for up to two years
  • a ban from running a food business again

Appeals

If a business has been closed down under an Emergency Prohibition Order, there exists a right of appeal to the Magistrates’ Court to seek to overturn the Order and, if this not successful, a further appeal to the Crown Court may be made.

There are often strict time limits for appealing so immediate action should be taken to challenge a local authority’s decision.

Recent Developments | ‘Scores On The Door’

Many food businesses are now participating in the National Food Hygiene Rating Scheme operated by the Food Standards Agency, although participation is not compulsory.

The scheme scores the hygiene rating of businesses and the ratings are published on a public register which can be checked by members of the public in a matter of minutes.

A bad rating can, therefore, have a negative impact on a business if the assessment produces a low rating.

Any business which is not happy with the rating which has been made, may be able to challenge the local authority’s decision by:

  • ensuring that any concerns raised by the local authority are rectified and then
  • asking the local authority to re-rate the business and, possibly,
  • challenging the rating through the Courts.

How can we help your business?

Kangs Solicitors have a dedicated Regulatory Law Department containing specialist lawyers with in-depth knowledge of environmental health and food hygiene law matters and who will be happy to advise on all aspects.

If you require advice on any area of Environmental Health or Food Hygiene Law, then please do not hesitate to contact members of our team below.

Contact

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

Steven Micklewright
smicklewright@kangssolicitors.co.uk
0121 449 9888 | 07989 521210

Birmingham

2 Wake Green Road, Moseley
Birmingham, B13 9EZ

0121 449 9888

London

9 Carmelite Street, City of London
London, EC4Y 0DR

020 7936 6396

Manchester

Pall Mall Court 61-67 King Street
Manchester, M2 4PD

0121 449 9888