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Food safety is a critical aspect of public health, ensuring that the food we consume is safe, properly handled, and free from contamination. Food safety procedures are governed by stringent laws and regulations throughout the UK in order to safeguard customers and maintain industry standards. Being aware of these rules is crucial whether you manage a food business or handle food of any sort.
This guide provides a detailed overview of food safety laws, covering the responsibilities of food handlers and business owners, the enforcement powers of local authorities, and the crucial role of Environmental Health Officers (EHOs) in maintaining compliance. We’ll then go into the legal ramifications of non-compliance, such as prosecution and precautions that companies can take to stay out of trouble.
We’ll also look at how the Food Standards Agency (FSA) and the Food Hygiene Ratings Scheme assist customers in making knowledgeable dining decisions.
Businesses and people must make sure they follow the law, uphold strict hygienic standards, and promote public health and safety.
What is Food Safety?
The majority of individuals enjoy eating out, and everyone will eventually have to purchase and consume food from a business or catering establishment.
However, there are certain risks associated with handling and preparing food. In addition to being required by law, food handlers and food businesses have an ethical and moral duty to safeguard the public and employees from these risks.
The three main responsibilities of food handlers, preparers, and managers and employees of food businesses are as follows:
- To ensure the safety of all food being handled, prepared, presented, and served
- To ensure that every food item is shielded from any possible risks
- To avoid and safeguard every consumer and client from harm
Food Handlers and the Law
Cleanliness, or a strict approach towards hygiene, is the foundation of food safety. Here are some broad guidelines for appropriate behaviour and actions:
- Keep yourself clean and hygienic.
- Keep your workspace and its surroundings clean and hygienic.
- Wear clean or protective clothes on a regular basis.
- Make sure that every food item is always shielded from contamination.
- Food should be prepared, presented, served, and stored in hygienic conditions and at legally specified safe temperatures.
- Inform your supervisor or line manager of any employee sickness exhibiting signs of food poisoning.
Food Business Owners and the Law
Both EU and UK legislation directly address food safety, and both must be closely followed in your business or job while handling and selling food.
These regulations aim to impose precise food and hygiene requirements on managers and food handlers in relation to five areas of their operations:
- Food safety
- Food safety management
- Food handling (including appropriate training)
- Temperature maintenance and control
- The workplace and its equipment
According to the legislation, all anyone handling food, including managers, supervisors, and employees, must understand their legal responsibilities in carrying out their jobs.
The most important legislation are as follows:
- The Food Safety Act 1990
- The Food and Safety Hygiene (Scotland) Regulations 2006 and The Food and Safety Hygiene (England) Regulations 2016
- European Food Regulation (EC) No. 852/2004
1 . The Food Safety Act 1990
This law, which is the main one governing food standards, makes it illegal to:
- Manufacture unhealthy food, whether purposefully or unknowingly
- Sell meals of inferior quality, which are defined as ones that fall short of what a buyer may reasonably expect.
- Sell food items that don’t adhere to food safety and hygienic standards.
2. Food Safety Hygiene Regulations
In the UK, there are two main sets of laws: one for Scotland and one for the entire union:
- The Food and Safety Hygiene (England) Regulations 2016
- The Food and Safety Hygiene (Scotland) Regulations 2006
Both of them establish food hygiene standards for all food enterprises, regulating all stages of commercial food production and consumption, from the point of initial manufacturing to the point of client consumption.
3. European Food Safety Regulations
The main set of regulations governing food production and consumption across the EU is:
- European Food Regulation (EC) No. 852/2004
These regulations, which address the handling of food in the following situations or contexts, are even more comprehensive than those in the UK:
- On food production and consumption premises (whether this is a factory, canteen, restaurant or café)
- Food business registration
- Equipment, from cooking to storage and even down to the maintenance of cutlery
- The robust implementation of HACCP or FSMSs
- The behaviour and training of the food handlers themselves
The Powers of the Local Authority
Local governments, whose authority is outlined in the law, are the primary enforcement of food safety regulations.
To enforce regulations and standards in food businesses, local authorities employ two kinds of inspectors:
- Environmental Health Officers (EHOs)
- Trading Standards Officers (TSOs)
Additionally, there are two primary agencies in the UK that are in charge of shielding consumers from risks associated with food production and consumption:
- The Food Standards Agency (FSA)
- Food Standards Scotland (FSS)
The Role of the Environmental Health Officer (EHO)
The Environmental Health Officer, or EHO, is the primary investigator of a food business’s facilities and circumstances (after a complaint has been filed or a routine evaluation has begun).
The EHO’s primary responsibility at food establishments is to look into any possible or current health risks, make sure that the establishments are according to the sanitary regulations set forth by food safety laws, and guarantee that any violations are either removed or lessened, whichever is more important.
These official operatives have the powers to perform any of the following actions, if and how they see fit within the law:
- To conduct food safety inspections, arrive at any location where food is produced or consumed at a suitable time.
- Examine any complaints they have received regarding the safety and hygienic conditions of food.
- Examine food poisoning outbreaks and complaints on food poisoning incidents.
- Provide suggestions and guidance on how a food business might enhance cleanliness and safety.
- Provide direction and best practices to managers, employers, and workers in the food industry.
The Serving of Legal Notices
One of the most important jobs of EHOs and TSOs is to serve legal notices. There are three different forms of these notices:
- Hygiene emergency prohibition
- Remedial action
- Hygiene improvement
In addition, EHOs and TSOs have the authority to perform the following actions:
- Collect images or samples of food that they believe is hazardous or unsuitable for human consumption.
- Take such foods away or destroy them.
- Advocate for the prosecution of food businesses, management, or employees.
Food enterprises are required to cooperate and abide by the law, particularly in the event that an EHO or TSO issues a legal notice or suggestion.
If you don’t, you will most likely be charged with and found guilty of obstruction of the law.
If you disregard or fail to act upon a court order or notice, you will be breaking the law.
Hygiene Emergency Prohibition Notices (HEPNs)
The firm must legally close right away if a hygiene emergency prohibition notice is served. Within three days of the legal notice being given, the officer who served the notice must then request in court that it be converted into a Hygiene Emergency Prohibition Order (HEPO).
Until it can be conclusively shown that the enterprise no longer constitutes a risk to public health or safety, it will continue to be subject to this order. The local government will only then lift the order.
Remedial Action Notices (RANs)
Away from England in the UK, Scottish, Welsh or Northern Irish food businesses can be served with a remedial action notice by an EHO or TSO.
This means that:
- It is forbidden to use the food business or any of its equipment as specified in the RAN.
- The RAN can set a deadline for the business’s total shutdown or scaleback, which may be instantaneous.
- A food business or production process may be subject to a variety of restrictions from the RAN, or it may even be outright forbidden.
For instance, a restaurant may be required to close for the foreseeable future, or a catering company may be barred from operating until further notice.
Hygiene Improvement Notices (HINs)
Any food business deemed to be in violation of its legal requirements regarding food safety may be issued an HIN by an officer.
A HIN will usually state:
- The particular reason that the HIN has been issued
- Improvements that must be made by the food business in order to comply with the HIN
- How much time is being allowed for these recommended improvements to be made (this is generally at least 14 days)
Food Businesses and the Law
Under UK law, owners, directors, and operators of food enterprises have certain additional obligations to avoid breaking the law, including the following:
- Every facility that produces or consumes food needs to be formally registered with the local government.
- To avoid food contamination, all food facilities must be appropriately run and furnished at every level of food preparation and use.
- Food safety management processes and protocols that are properly established and written must be used to evaluate, minimise, and eliminate workplace hazards whenever feasible.
- Every food establishment needs to have properly kept, cleaned, and built restrooms for patron comfort and hygiene.
- Every employee and staff member needs to receive appropriate and comprehensive training.
Prosecution
What Happens if You Are Prosecuted? The following consequences could occur if local government officers’ notices or food safety laws and regulations are not followed:
- Prosecution
- An unlimited fine
- A prison sentence
- Closure of your business
If your case is tried in a magistrate’s court, the maximum term is six months in prison; if it is tried in a crown court, the maximum sentence is two years. It can be either way.
Due Diligence
Due diligence is the sole defence available to you as a management or owner of a food business in the UK. This implies that you can demonstrate that you performed all appropriate safety measures to guarantee the food handled by your company was safe.
The only way to sufficiently demonstrate this is to demonstrate that you put in place a suitable control mechanism that should have prevented or reduced any risks.
Furthermore, these controls cannot be proved to have been in place
WITHOUT:
- Maintaining thorough and precise documentation of all inspections and procedures carried out
- Verifying each food product’s origin and tracking its packaging
- Demonstrating that you adhered strictly to the UK food industry’s best practices
Being able to provide evidence of all the above is due diligence.
Food Standards Agency (FSA) and the Food Hygiene Ratings Scheme
The Food Hygiene Rating Scheme (FHRS), which is administered by the FSA in collaboration with all local authorities in the UK (except from Scotland), regulates all establishments that sell or serve food, including:
- Supermarkets, grocers, shops and food stalls
- Restaurants, cafes and takeaways
- Hotels and pubs
Following an FSA inspection, the Food Safety Officer (FSO) assigns a hygiene rating to each of these establishments, indicating how well they are adhering to food hygiene regulations.
To show that they have complied with hygienic standards, the establishment should then conspicuously display an FSO label (which is required by law in Wales and Northern Ireland but not in England). The FSA and local authorities websites also provide information about the company’s compliance.
The FSA Inspection
On-site (that is, your premises), the FSOs will assess the following:
- The layout and structural state of the building where your food business is located
- How hygienic, air-conditioned, and well-lit the space is
- Whether the food is prepared, cooked, stored, cooled, reheated, and displayed in a hygienic manner throughout its whole production and consumption process
- Whether the company has the resources necessary to inform customers and preparers that each dish contains allergies
- How managers, supervisors, and other pertinent employees uphold and document their protocols
The highest grade possible under the FHRS is ‘5’, which is awarded if the company’s food safety and hygiene standards are high enough. In practice, any business that handles food should have no trouble reaching this score.Click this link to learn more about the Food Hygiene Ratings Scheme: www.food.gov.uk/safety-hygiene/
What Happens If You Get a Poor Food Hygiene Rating?
This is never a good thing for a food business for a number of reasons, including the facts that:
- Your company may have to shut down permanently.
- You can lose a significant portion of your business.
- You risk losing your standing with the public, the local government, and the industry.
- Customers may complain to you frequently, both in person and openly online.
- An outbreak of food poisoning could be caused by you.
Conclusion
In conclusion, food safety is not just a regulatory requirement but a vital responsibility shared by food handlers, businesses, and authorities to protect public health. With laws such as the Food Safety Act 1990 and European Regulation (EC) No. 852/2004 in place, maintaining proper hygiene practices is essential to ensure food is safe at every stage—preparation, storage, and service.
Moreover, the consequences of non-compliance can be severe, including fines, prosecution, and even business closure. By prioritising hygiene, adhering to legal standards, and cooperating with monitoring bodies like the FSA and local EHOs, businesses can safeguard their reputation, meet their legal obligations, and most importantly, protect the wellbeing of the public.
FAQs
What is food hygiene law, and why is it important?
Food hygiene law refers to regulations ensuring food is safe for consumption by enforcing standards for handling, preparation, and storage. In the UK, the Food Safety Act 1990 and EU regulations (e.g., Regulation (EC) No 852/2004) mandate businesses to maintain hygiene, train staff, and implement HACCP systems. These laws protect consumers from foodborne illnesses like salmonella, which affects over 90,000 EU citizens annually (EFSA data). Non-compliance risks fines, closure, or legal action. For businesses, adhering to food hygiene law builds trust, ensures compliance, and prevents outbreaks. Regular inspections by local authorities enforce standards, making it critical for food businesses to stay updated and compliant.
What are the 5 basic food safety rules?
To keep food safe, follow these five essential rules:
Clean: Wash hands, utensils, and surfaces thoroughly before and after handling food to prevent contamination.
Separate: Keep raw meat, poultry, seafood, and eggs separate from ready-to-eat foods to avoid cross-contamination.
Cook: Cook food to the correct internal temperature (e.g., 165°F for poultry) to kill harmful bacteria.
Chill: Refrigerate perishable foods within two hours at or below 40°F to slow bacterial growth.
Store: Store food properly, checking expiration dates and using airtight containers to maintain freshness.
These rules, backed by CDC and FDA guidelines, reduce foodborne illness risks, ensuring safe meals for you and your family.
What is the General Food Law Regulation?
The General Food Law Regulation, primarily Regulation (EC) No 178/2002 in the EU, sets the foundation for food safety and consumer protection. It ensures food and feed are safe, properly labeled, and traceable throughout the supply chain. Key principles include risk-based safety assessments, transparency, and accountability for food business operators. It established the European Food Safety Authority (EFSA) to provide scientific advice and enforce compliance. Globally, similar regulations, like the U.S. Food Safety Modernization Act (FSMA), prioritize preventive controls and inspections. These laws protect public health, prevent foodborne illnesses, and ensure accurate labeling for informed consumer choices. Compliance is mandatory for producers, importers, and distributors, with strict penalties for violations. Always check local regulations for specific requirements.
What is food hygiene law?
Food hygiene law refers to the legal standards businesses must follow to ensure food is safe to eat. In the UK, the main legislation is the Food Safety Act 1990 and the Food Hygiene Regulations 2006. These laws require food businesses to handle, store, prepare, and serve food in a way that prevents contamination and protects public health. Key rules include maintaining clean premises, training staff in hygiene, ensuring proper temperature control, and preventing cross-contamination. Local authorities enforce these laws through inspections and can issue fines or close unsafe businesses. Compliance isn’t just about avoiding penalties—it’s essential for building trust, protecting customers, and running a successful food business. Understanding food hygiene law is crucial for anyone working in food handling or hospitality.
What is the Food Safety Act 1990?
The Food Safety Act 1990 is a key UK law ensuring food safety and consumer protection in England, Wales, and Scotland. It mandates that food businesses—restaurants, cafes, or factories—avoid adding or removing substances that could harm consumers, ensure food meets expected quality and substance, and label products accurately without misleading claims. Non-compliance risks fines up to £20,000 or imprisonment. The Act, enforced by local authorities and the Food Standards Agency, sets the framework for food hygiene and safety regulations, protecting public health by preventing foodborne illnesses. It applies to all stages of food handling, from production to sale, ensuring safe, high-quality food for consumers.
What are the key points of the Food Safety Act 1990?
The Food Safety Act 1990 (UK) ensures safe food production, sale, and consumption. Key points include:
Food Safety: Food must be safe, free from harmful contaminants, and fit for consumption.
Labeling and Advertising: Food must not be misleadingly labeled or advertised.
Enforcement: Local authorities enforce regulations, with powers to inspect, seize unsafe food, and prosecute offenders.
Due Diligence: Businesses must prove they took reasonable precautions to prevent violations.
Penalties: Fines or imprisonment for non-compliance.
Consumer Protection: Ensures food quality and safety standards are met. This act applies to all food businesses, protecting public health and ensuring compliance. For details, check government resources or legal guides.
Who is responsible for enforcing food legislation in the UK?
In the United Kingdom, the Food Standards Agency (FSA) is primarily responsible for enforcing food legislation, ensuring food safety, and protecting consumer interests. The FSA oversees national food safety standards, including hygiene, labeling, and traceability, under laws like the Food Safety Act 1990. Local authorities, such as Environmental Health Officers (EHOs) and Trading Standards Officers, enforce these regulations at the local level, inspecting restaurants, supermarkets, and food producers. In Scotland, Food Standards Scotland (FSS) takes the lead, while in Northern Ireland, the FSA works alongside local councils. The Department for Environment, Food & Rural Affairs (Defra) also supports policy development. These bodies collaborate to ensure compliance, investigate food incidents, and maintain a safe, transparent food supply chain across the UK.
What are the Food Hygiene Regulations 2006?
The Food Hygiene Regulations 2006 are UK laws ensuring food safety and hygiene in businesses. Enforced by local authorities, they mandate safe food handling, storage, and preparation to prevent contamination and foodborne illnesses. Key requirements include maintaining clean premises, training staff in food safety, and implementing Hazard Analysis and Critical Control Points (HACCP) systems. These regulations apply to all food businesses, from restaurants to manufacturers, ensuring compliance with EU standards (at the time). Non-compliance can lead to fines or closure. Regular inspections ensure adherence, protecting public health. For details, check the Food Standards Agency website.
