Food Safety & Standards
Regulation of food production, sale, and safety standards under the Food Safety Act 1990 and EU-retained law.
简介
Food safety in England & Wales is regulated by the Food Safety Act 1990, supplemented by extensive secondary legislation and retained EU law.
In Brief
Selling food that is unsafe or unfit for human consumption is a criminal offence under the Food Safety Act 1990 (ss.7–8). All food businesses must register with their local authority at least 28 days before opening and implement HACCP-based food safety management systems. The 14 major allergens must be declared. Local authority environmental health officers enforce food law and can issue improvement notices, emergency prohibition notices, and prosecute. The due diligence defence (s.21 FSA 1990) requires proof of all reasonable precautions.
核心原则
General Food Safety Requirement — It is an offence to sell food that is injurious to health, unfit for human consumption, or so contaminated it would be unreasonable to eat it (s.7-8 FSA 1990).
Food Hygiene Regulations — EU-retained Regulation 852/2004 requires food businesses to implement HACCP-based food safety management systems.
Food Business Registration — All food businesses must register with the local authority at least 28 days before opening.
Food Standards and Labelling — Food must be accurately described and labelled, including allergen information (Food Information Regulations 2014).
Due Diligence Defence — A person charged with a food safety offence has a defence if they can prove they took all reasonable precautions and exercised all due diligence (s.21 FSA 1990).
Enforcement — Environmental health officers have powers of entry, inspection, sampling, and can issue improvement and prohibition notices.
关键法规
Food Safety Act 1990
Food Standards Act 1999
重要判例
Smedleys v Breed
[1974] AC 839
Tesco v Nattrass
[1972] AC 153
常见情景
Food poisoning from a restaurant
Report to the local authority environmental health team. They will investigate and can prosecute under the Food Safety Act 1990. Civil claim for damages also possible in negligence.
Starting a food business from home
Must register with the local authority, comply with food hygiene regulations, implement HACCP-based procedures, and ensure proper allergen labelling.
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Frequently Asked Questions
What are the food allergen labelling requirements in the UK?
Food businesses must declare 14 major allergens (including nuts, milk, eggs, gluten, fish, shellfish, soya, celery, mustard, sesame, lupin, molluscs, and sulphites) when present in food. For pre-packaged food, allergens must be emphasised in the ingredients list. For non-prepacked (catering) food, allergen information must be available orally or in writing. Failure to declare can result in prosecution under the Food Information Regulations 2014 and the Food Safety Act 1990.
What is the food hygiene rating scheme?
The Food Hygiene Rating Scheme (FHRS) in England, Wales, and Northern Ireland is administered by local authorities in conjunction with the Food Standards Agency. Businesses are inspected and rated 0–5. In Wales and Northern Ireland, display of the rating is mandatory. In England, display is voluntary but consumers can check ratings online at food.gov.uk. A poor rating can be appealed to the local authority, or a re-inspection can be requested after improvements.
What is the due diligence defence under the Food Safety Act 1990?
Under s.21 of the Food Safety Act 1990, a person charged with a food safety offence has a defence if they can prove they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. This requires demonstrated systems, training, monitoring, and record-keeping. The defence is available to all persons in the food chain, not just the immediate seller.
Who enforces food safety law in England?
Food safety in England is enforced primarily by local authority environmental health officers (EHOs), who inspect food businesses, take samples, issue improvement notices and emergency prohibition notices, and prosecute offenders. The Food Standards Agency sets national policy, oversees official controls, and investigates food incidents. In meat processing, the Animal and Plant Health Agency (APHA) has specific roles.
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