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Food Safety is vital to each and every consumer. It is also vital to every producer, processor, manufacturer and retailer. Consumers expect that the food they buy and eat will be what they expect and will do them no harm.
The Food Safety Act 1990, affects everyone who works in the production, processing, storage, distribution and sale of food. This includes self employed people and non profit making organisations as well as farmers, growers and caterers.
The Act aims to ensure that all food produced for sale is safe to eat, reaches quality expectations and is not misleadingly presented. It also provides legal powers and penalties. The Act is enforced by Central and Local Government. Environmental Health Officers working for Local Governments have powers to enable them to enforce the Act and supplementary legislation on a day to day basis.
What are the main offences under the Food safety Act?
The Main offences are:
What are the "food safety requirements"?
The food safety requirements are that food throughout the food chain must not;
What is meant by "rendering food injurious to health"?
As well as being an offence to sell food which is harmful to health, it is also an offence to do anything which would make food harmful either by adding something to it or removing something from it.
When is food not of the nature or substance or quality?
This description covers such things as a product sold as haddock but which is in fact cod or a cola drink served instead of a diet cola drink.
How can food be falsely or misleadingly described or presented?
This offence can occur when statements or pictorial material concerning food are untrue.
What is the defence of "Due Diligence"
Under the Food Safety Act 1990 the principal defence is the defence of "Due Diligence"
It is designed to balance the proper protection of the consumer against defective food with the right of traders not to be convicted of an offence they have taken all reasonable care to avoid committing. This defence enables someone to be acquitted of an offence if they prove that they "took all reasonable precautions and exercised all due diligence to avoid committing that offence"
What penalties can be imposed under the Food Safety Act?
Magistrates courts may impose a fine of up to £20,000 per offence and a prison sentence of up to six months. For most offences Crown courts may send offenders to prison for up to two years and /or impose unlimited fines.
Does the Food Safety Act stand alone?
No. Many of the key provisions in food law are contained in regulations. For example there are regulations which relate to food labelling, food hygiene; temperature control, the registration of food premises and various product specific regulations.
For further information please contact the Food Safety Team on 01789 260832 or by email at food@stratford-dc.gov.uk or by fax on 01789 260808
Downloads:
1199 Food Business registration (74KB PDF)
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External links:
Food Standards Agency
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Foodlink
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Food Vision
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Food Safety Act 1990
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