This page mainly applies to England and Wales. Scotland and Northern Ireland may have different rules — check the jurisdiction before relying on this information.
Last amended by Food Standards Act 1999 in 1999. Created the Food Standards Agency.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Food Safety Act 1990 provides the framework for food safety regulation in England and Wales. It creates offences for selling food that is unfit, injurious to health, or not of the nature, substance, or quality demanded, and provides enforcement powers for local authorities and the Food Standards Agency.
Key Points
- Offence to sell food that does not comply with food safety requirements (s.8)
- Offence to sell food not of the nature, substance, or quality demanded (s.14)
- Offence to falsely describe or present food (s.15)
- Due diligence defence — reasonable precautions and all due diligence (s.21)
- Improvement and prohibition notices — enforcement powers for inspectors
- Emergency prohibition orders for immediate closure of food premises
- Offences of selling unsafe or sub-standard food
- Due diligence defence
- Environmental health enforcement
- Food Standards Agency oversight
Parts & Sections
Amendments History
1999 — Food Standards Act 1999
Created the Food Standards Agency.
Frequently asked questions
- What is the main purpose of the Food Safety Act 1990?
- The Food Safety Act 1990 establishes the legal framework for regulating food safety in England and Wales. It defines specific offences related to the sale of unsafe or sub-standard food and grants enforcement powers to local authorities and the Food Standards Agency to ensure compliance with these safety requirements.
- What actions are considered offences under the Food Safety Act 1990?
- Under the Act, it is an offence to sell food that is unfit for human consumption or injurious to health. It is also illegal to sell food that does not match the nature, substance, or quality demanded by the purchaser, or to falsely describe or present the food in any way.
- Is there a defence available if someone is accused of selling unsafe food?
- A person can raise a due diligence defence if they can prove they took all reasonable precautions and exercised all due diligence to avoid committing the offence. This defence applies to charges of selling unsafe food or food not of the demanded nature, substance, or quality.
- Who is responsible for enforcing food safety laws in England and Wales?
- The Food Standards Agency was created by the Food Standards Act 1999 and provides oversight of food safety regulation. Local authorities and environmental health inspectors also hold enforcement powers, including the ability to issue improvement or prohibition notices and emergency orders to close premises.
- What powers do inspectors have to stop unsafe food practices?
- Inspectors have the power to issue improvement notices requiring specific actions to be taken or prohibition notices to stop certain activities. In urgent situations, they can issue emergency prohibition orders to immediately close food premises if there is a risk to public health.