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View Food Safety Act 1990 THE FOOD SAFETY ACT 1990 – A GUIDE FOR FOOD BUSINESSES THE FOOD SAFETY ACT 1990 – A GUIDE FOR FOOD BUSINESSES 2009 Edition If you require this information in an alternative format – such as audio, large print, Braille – please contact us. CONTACT TELEPHONE: Chandra Ambigaipagan 020 7276 8166 THE FOOD SAFETY ACT 1990 – A GUIDE FOR FOOD BUSINESSES Summary Intended audience: The Guidance Notes are intended for food businesses. Regional coverage: The Guidance Notes are applicable to England, Scotland and Wales. Legal status: The Guidance Notes are intended to provide regulatory guidance on the Food Safety Act 1990. Purpose: The Guidance Notes provide guidance on the requirements of the Food Safety Act 1990 in the light of amendments to the Act and other relevant legislation. REVISION HISTORY Revision Revision date Purpose of revision Revised by No. 1 14 April 2008 Draft for consultation Bill Drennan 2 23 April 2009 Final version Bill Drennan 2 THE FOOD SAFETY ACT 1990 – A GUIDE FOR FOOD BUSINESSES CONTENTS INTRODUCTION ....................................................................................................... 5 Intended Audience ........................................................................................... 5 Purpose and Legal Status of Guidance Notes ............................................... 5 Foreword ........................................................................................................... 5 Summary of Responsibilities .......................................................................... 7 THE FOOD SAFETY ACT 1990 ............................................................................... 8 MAIN AIMS, SCOPE AND DUTIES .......................................................................... 8 What is the Food Safety Act 1990? ................................................................. 8 What does the Act aim to achieve? ................................................................ 8 What is the scope of the Act? ......................................................................... 8 Does the Food Safety Act stand alone? ......................................................... 8 What does the Act mean by ‘food’? ................................................................ 9 What activities are covered by the Act? ......................................................... 9 Does the Act affect farmers and growers? .................................................. 10 What does the Act mean for food importers? .............................................. 10 What does the Act require food businesses to do? .................................... 10 THE MAIN OFFENCES........................................................................................... 11 What are the main offences under the Food Safety Act? ........................... 11 What is meant by ‘rendering food injurious to health’? (section 7) ........... 11 When is food ‘not of the nature or substance or quality demanded’? (section 14) ..................................................................................................... 12 How can food be ‘falsely or misleadingly described or presented’? (section 15) ..................................................................................................... 12 What penalties can be imposed under the Act? .......................................... 13 DEFENCES TO THE OFFENCES UNDER THE FOOD SAFETY ACT 1990 ......... 14 What is the legal defence of ‘due diligence’? .............................................. 14 Can retailers of ‘own label’ products offer the defence of ‘due diligence’? ....................................................................................................... 14 Can retailers of ‘branded’ goods offer the defence of ‘due diligence’? .... 15 What other defences are there? .................................................................... 15 3 THE FOOD SAFETY ACT 1990 – A GUIDE FOR FOOD BUSINESSES ENFORCING THE ACT .......................................................................................... 15 Who enforces the Act? .................................................................................. 15 What is the role of the Food Standards Agency (FSA)? ............................. 16 What is the role of Local Government? ........................................................ 16 What are the roles of public analysts and food examiners? ...................... 17 How is the Act enforced? .............................................................................. 17 What powers of entry do authorised officers have? ................................... 17 What is meant by ‘premises'? ....................................................................... 17 What are the limits to the authorised officers’ powers of entry? ............... 18 Can officers disclose all the information they find during a visit? ............ 18 Can authorised officers take samples of food? ........................................... 18 What happens if authorised officers find suspect food? ............................ 18 What happens if food is seized but then not condemned? ........................ 19 What other powers may be used under the Act by authorised officers when inspecting food premises? ............................................................................ 19 What are emergency control orders? ........................................................... 20 What are Food Alerts? ................................................................................... 20 Is there an appeals procedure against actions under the Food Safety Act? ................................................................................................................. 21 APPENDIX 1 - SOME USEFUL ADDRESSES ....................................................... 22 CENTRAL GOVERNMENT .............................................................................. 22 CO-ORDINATING BODIES ............................................................................. 23 PROFESSIONAL BODIES .............................................................................. 23 INDUSTRY BODIES ........................................................................................ 24 APPENDIX 2 - KEY PROVISIONS OF THE FOOD SAFETY ACT 1990................ 26 PART I: PRELIMINARY ................................................................................... 26 PART II: MAIN PROVISIONS .......................................................................... 26 PART III: ADMINISTRATION AND ENFORCEMENT ..................................... 27 PART IV: MISCELLANEOUS AND SUPPLEMENTAL ................................... 28 4 THE FOOD SAFETY ACT 1990 – A GUIDE FOR FOOD BUSINESSES INTRODUCTION Intended Audience 1. These Guidance Notes are aimed at food businesses. Purpose and Legal Status of Guidance Notes 2. The Guidance Notes have been produced to provide informal, non-binding advice on the legal requirements of the Food Safety Act 1990 and should be read in conjunction with the legislation itself. The text should not be taken as an authoritative statement or interpretation of the law, as only the courts have this power. Every effort has been made to ensure that these Guidance Notes are as helpful as possible. However, it is ultimately the responsibility of individual businesses to ensure their compliance with the law. Businesses with specific queries may wish to seek the advice of their local enforcement agency, which will usually be the trading standards/environmental health department of the local authority. There is further relevant information on the Food Standards Agency website www.food.gov.uk . Foreword 3. The safety of food is vital to all consumers and food businesses. Consumers must have confidence that the food they buy and eat will be what they expect, will do them no harm and that they are protected from fraud. The importance of this confidence cannot be underestimated for businesses. 4. Although food safety legislation affects everyone in the country, it is particularly relevant to anyone working in the production, processing, storage, distribution and sale of food, no matter how large or small the business. This includes non-profit making organisations. 5. As a food business, you should familiarise yourself with the Food Safety Act 1990 http://www.opsi.gov.uk/acts/acts1990/ukpga_19900016_en_1.htm which, although it has been changed substantially following the introduction of European food safety legislation, remains very important primary food safety legislation. It has provided the basis and a flexible framework for much domestic food law and applies to the whole of Great Britain1. It concentrates on fundamental issues and leaves the detail to secondary legislation (which is not specifically covered in this guide). 6. This guide updates the previous guide “The Food Safety Act 1990 and You”, issued in 1996 and reprinted in 1997 and 1999. It focuses on the aspects of the Act which are of most significance to food businesses, i.e. what the Act requires; 1 Similar legislation exists in Northern Ireland, the Food Safety (Northern Ireland) Order 1991. FSA Northern Ireland is producing a separate guide to this order. 5 THE FOOD SAFETY ACT 1990 – A GUIDE FOR FOOD BUSINESSES the offences under the legislation and possible defences; other actions which can be taken by food authorities; possible defences to these actions. 7. We advise managers of medium-sized and larger food businesses to read the guide in detail and to make
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