Food Hygiene/Food Safety Legislation
The Food Safety Act 1990 and The Food Hygiene (England)
Regulations 2006
The Food Safety Act 1990 and the
Food Hygiene (England) Regulations 2006 are
the major laws covering the safety of food from the farm to the
point of final sale. This is not a full statement or interpretation
of the law. The Act and related regulations can be purchased from
HMSO. An application form for registering your food premises can be
downloaded at the bottom of the
page.
The main offences
You commit an offence if you sell, or keep for
eventual sale, food that:
- is unfit for human consumption; or
- has been rendered injurious to health; or
- is so contaminated that it would be unreasonable
to expect it to be eaten; or
- is not of the nature, substance or quality
demanded by the purchaser; or
- is falsely or misleadingly presented.
You also commit an offence if you render food
injurious to health.
There are also offences about hygienic
conditions and practices which are set out in regulations.
Who ensures compliance with the law?
- Local authority officers, such as environmental
health officers or additionally (in England and Wales) trading
standards officers.
- Codes of Practice are issued to help achieve
consistent standards of enforcement across the country.
Powers to deal with unsafe food
Local authority officers will be able
to:-
- enter food premises to investigate possible
offences;
- inspect food to see if it is safe;
- take samples for investigation;
- detain suspect food or seize it and ask a
Justice of the Peace to condemn it.
Powers to deal with unsatisfactory premises
- The Act contains tougher powers to require
improvements to be made to unhygienic premises.
- In extreme cases premises can be closed down
and, if public health is at immediate risk, this can be done very
quickly.
- Once closed, premises will only be allowed to
reopen when the local authority certifies that they are no longer a
threat to health.
Rights of appeal and compensation
- You have a right to appeal against action taken
by enforcement officers.
- If a court decides that local authority officers
have used their powers wrongly you will be entitled to
compensation.
Registration
Requires premises used by food businesses to
register with their local district council. The aim is to give
local authorities a complete picture of the food premises in their
areas. Caterers will have to register their premises, and vehicles
such as vans selling hot dogs or ice cream will be included.
However, this will be a simple task. Registration will be free and
the local authority will have no right to refuse your
application.
Hygiene training for food handlers
People who handle food must receive practical
hygiene
training appropriate to their
job. The aim is to ensure that people have the practical skills and
knowledge they need. Training requirements are set at appropriate
levels building on existing schemes such as the Basic Food Hygiene
Certificate, including those run "in-house" by companies.
Where to get more information
- Your local authority Environmental Health
Department or Trading Standards Department.
- Industry groups.
- The various bodies representing professional
caterers.
Food hygiene- Ten Golden Rules
1. ALWAYS wash your hands before handling food
and after using the toilet.
2. TELL your boss at once of any skin, nose,
throat or bowel trouble.
3. ENSURE cuts and sores are covered with
waterproof dressings.
4. KEEP yourself clean and wear clean
clothing.
5. DO NOT SMOKE in a food room. It is illegal
and dangerous. Never cough or sneeze over food.
6. CLEAN as you go. Keep all equipment and
surfaces clean.
7. PREPARE raw and cooked food in separate
areas. Keep food covered and either refrigerated or piping
hot.
8. KEEP your hands off food as far as
possible.
9. ENSURE waste food is disposed of properly.
Keep the lid on the dustbin and wash your hands after putting waste
in it.
10. TELL your supervisor if you cannot follow
the rules. DO NOT BREAK THE LAW.