Food Safety and Hygiene | Protecting Consumers Health
The safety of the food made available for consumption in the UK, including all matters of hygiene in preparation and delivery, are of the upmost importance. The authorities involved are extremely active in upholding the required high standards and enforcing them if any breaches or potential risks are identified.
This is evidenced by the prosecution of Tesco Stores Limited in 2021 when it was fined £7,560,000 by Birmingham Magistrates’ Court after pleading guilty to selling food past its ‘use by’ date in three of its Birmingham Stores.
It was recognised that Tesco, like all major retailers, takes its obligations relating to food safety very seriously and operates strenuous systems to ensure the safety of its products. Nonetheless, despite these endeavours, this major breach occurred and this emphasises the need to ensure that safety procedures are, not only clearly and evidently in place, but are exercised at all times. Ongoing reviews are essential to ensure compliance with the constantly changing Food Safety and Hygiene legislation.
Substantial operative legislation includes the Food Safety Act 1990, the Food Standards Act 1999, which established the Food Standards Agency, and the Food Safety and Hygiene (England) Regulations 2013.
Sukhdip Randhawa of KANGS comments upon food safety generally.
Food Safety Act 1990 (‘the Act’)
The Act, as amended, provides the framework for all food legislation. It covers, amongst other things, actions rendering food injurious to health, the selling of food and conduct of a business.
The Act states:
S.1. Meaning of basic expressions.
‘Business’: includes the undertaking of a canteen, club, school, hospital or institution, whether carried on for profit or not, and any undertaking or activity carried on by a public or local authority.
‘Commercial operation’: in relation to any food or contact material means any of:
- selling, possessing for sale and offering, exposing or advertising for sale,
- consigning, delivering or serving by way of sale,
- preparing for sale or presenting, labelling or wrapping for the purpose of sale,
- storing or transporting for the purpose of sale,
- importing and exporting.
S. 7 Rendering food injurious to health.
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.
S.14 Selling food not of the nature or substance or quality demanded.
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.
S.15 Falsely describing or presenting food.
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.
publishes, or is a party to the publication of an advertisement… which
- falsely describes any food or
- is likely to mislead as to the nature or substance or quality of any food
sells, or offers or exposes for sale, or has in his possession for the purpose of sale, any food the presentation of which is likely to mislead as to the nature or substance or quality of the food shall be guilty of an offence.
Consumer Protection
The Secretary of State
In pursuance of consumer protection, the Secretary of State enjoys extensive powers and, amongst others, may make regulations making provision for:
- requiring, prohibiting or regulating the presence in food or food sources of any specified substance, and for regulating the composition of food,
- securing that food is fit for human consumption and meets such microbiological standards specified by or under the regulations,
- requiring, prohibiting or regulating the use of any process or treatment in the preparation of food,
- securing the observance of hygienic conditions and practices in connection with the carrying out of commercial operations with respect to food or food sources,
- imposing requirements or prohibitions regulating the labelling, marking, presenting or advertising of food and the descriptions which may be applied to food,
- prohibiting or regulating the carrying out of commercial operations with respect to food or food sources as appears necessary or expedient.
Inspection and seizure of suspected food
An authorised officer of a food authority may at all reasonable times inspect any food intended for human inspection which:
- has been sold or is offered or exposed for sale,
- is in the possession of, deposited with or consigned to any person for the purpose of sale or preparation for sale,
- is otherwise placed on the market.
An officer who considers that any food fails to comply with food safety requirements may:
- give notice that, until such notice is withdrawn, the food is not to be:
- used for human consumption and
- removed other than to a place specified in the notice
- seize the food in order to have it dealt with by a Justice of the Peace.
Where such Justice of the Peace finds that any food fails to comply with food safety requirements, he can condemn the food and order that:
- it is destroyed and
- the owner of the food pays for such disposal.
Improvement Notices
If an authorised officer has reasonable grounds for believing that the proprietor of a food business is failing to comply with relevant regulations, he may serve on that proprietor an Improvement Notice setting out the:
- grounds for the belief that the regulations are not being observed,
- specific failures complained of,
- the measures required to be taken to rectify the breaches,
- time allowed, being at least fourteen days, to remedy the complaint.
Prohibition Orders
Where the proprietor of a food business is convicted of an offence under the regulations and the court is satisfied that there exists a health risk with regard to that business, the court may impose a Prohibition Order.
This health risk occurs with respect to any food business if any of the following involves risk of injury to health:
- the use for the purposes of the business of any process or treatment,
- the construction of any premises used for the purposes of the business, or the use for those purposes of any equipment and
- the state or condition of any premises or equipment used for the purposes of the business.
The Prohibition Order may apply to:
- the use of the process or treatment,
- the use of the premises or equipment of the business or any other food business of the same class or description,
- the use of the premises or equipment for any food business.
Where the court considers it appropriate, it may impose a Prohibition on the proprietor participating in the management of any food business.
Emergency Prohibition Notices and Orders
An authorised officer who is satisfied that there exists a health risk in respect of any food business may serve an ‘Emergency Prohibition Notice’ imposing the required prohibition.
Emergency Control Orders
Where the Secretary of State considers that the carrying out of commercial operations with respect to food, food sources or contact materials of any class or description involves, or may involve, imminent risk of in jury to health, he may issue an Emergency Control Order prohibiting the carrying out of such operations affecting food, food sources, or contact materials.
Penalties upon Conviction
There exists a considerable range of food safety offences that can be prosecuted either before a Magistrates’ Court or a Crown Court with penalties for conviction varying according to the nature of the offence.
Penalties may be a fine, imprisonment or both. The maximum period of imprisonment that can be imposed is that of two years following conviction before a Crown Court.
However, the range for the imposition of a fine is enormous, clearly depending upon the severity of the offending. As reported at the outset of this article, Tesco was fined a staggering amount of money which will clearly have been noted by the proprietors of those food retail businesses with enormous levels of trade turnover.
Provision of Food Hygiene Training
An interesting aspect of the Government’s concern to ensure food safety lies in section 23 of the Act which provides:
‘(1) A food authority may provide, whether within or outside their area, training courses in food hygiene for persons who are or intend to become involved in food businesses, whether as proprietors or employees or otherwise.
(2)A food authority may contribute towards the expenses incurred under this section by any other such authority, or towards expenses incurred by any other person in providing, such courses as are mentioned in subsection (1) above.’
How Can We Assist?
The Regulations governing Food Safety and Hygiene are extremely extensive, demanding and enforced with determined vigour.
However, there are defences which are potentially available such as claiming that the events arose as the result of the fault of another person, proper due diligence procedures were in place and there was no foreseeable breach. It can also be claimed that any misleading claims about a food product were made during the normal course of business and did not arise from the fault of the publisher.
The primary requirement when opposing an Improvement Notice, Enforcement Notice, or defending against prosecution is the expertise of skilled lawyers. The experienced team at KANGS are well-versed in advising clients based on the issues presented and negotiate with the prosecuting authority effectively.
Our solicitors have a wealth of experience gained from assisting and defending clients who have been prosecuted for breaches of food safety and hygiene regulations, achieving favourable outcomes which far exceeds their greatest expectations. They also remain alert to the ever-changing statutory requirements.
If we can be of assistance, our team would be delighted to hear from you, simply contact us using the details 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 live conferencing or telephone.
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