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Food Safety and the Law

By: Abigail Taylor - Updated: 19 Nov 2019 | comments*Discuss
 
Food Safety Work Law Food Safety Act

The safety of food is essential to any consumer and so should be a priority for any food business. Consumers want to be assured that the food they buy and eat is:

  • What it is labelled to be (i.e. Doesn't contain pork if it is labelled as beef)
  • Will not harm them once eaten

In order to protect the public, various laws regulate food retailers. These include:

  • The Food Safety Act 1990
  • The General Food Law Regulation (Regulation EC 178/2002)
  • General Food Regulations 2004
  • Food Hygiene Regulations 2006

This legislation applies to anyone working with food, at the production, processing, storage, distribution or sale stages. Small businesses are not exempt from these regulations, neither are non-profit making organisations.

Offences under the Food Safety Act 1990

The Food Safety Act 1990 created three key offences:
  1. Rendering food injurious to health (e.g. selling gluten-free food that actually contains gluten)
  2. Selling food which is not of the nature or quality demanded (e.g. selling chicken nuggets made with chicken fat rather than actual meat)
  3. Falsely or misleadingly describing or presenting food (e.g. selling horsemeat mince labelled as beef)

The Punishments

The punishment for committing any of the above offences is:

For offences 1 & 2 - up to a £20,000 fine for each offence, or each time one of those offences is committed

For offence 3 - up to a £5000 fine

For any offence - up to 6 months imprisonment
(NB: In Scotland, the maximum punishment is up to a £10,000 fine and / or 12 months imprisonment)

Those who occasionally prepare food for gatherings or to sell at charitable events are not subject to the above offences, but still have duties regarding food hygiene under the General Food Regulations 2004.

Food Hygiene

Food retailers must by law have in place procedures to manage food safety, based upon the principles set out in Article 5(2) of the European Community Regulations. There is no law about what these procedures must be, as long as they address the seven principles set out in the Regulations.

The Seven Principles: HACCP

These seven principles are known as Hazard Analysis and Critical Control Point principles, or HACCP. The principles are:
  1. Conduct a hazard analysis (identify food safety hazards)
  2. Identify critical control points (the stages at which a hazard can be prevented or eliminated)
  3. Establish critical limits for each critical control point (the maximum and minimum level to which a hazard must be controlled)
  4. Establish critical control monitoring requirements (the monitoring activities needed to ensure compliance with the procedure)
  5. Establish corrective actions (actions to be taken when monitoring indicates non-compliance)
  6. Establish procedures to ensure that the HACCP system works as intended (validate and periodically review points 1-6)
  7. Establish record keeping procedures (keep a written plan on points 1-6, and record monitoring activities and their findings)

What the World Health Organisation Says

The World Health Organisation identifies some key hazards which will need to be considered in your plan:
  • pest control
  • separation of raw and cooked foods
  • storing food at the correct temperature
  • using safe, clean water
  • cooking food at a suitable temperature and for a suitable time to kill pathogens

Ensuring Compliance/Qualifications

It is primarily for the owners of a food retail business to ensure compliance with relevant laws, and they can be fined (and in some cases forced to close) if they do not comply. However, all employees or volunteers do have a role to play in ensuring food safety and complying with the procedures put in place to prevent hazards.

I work in a care home and last week I had to make breakfast for a few people. Do I need a food and hygiene certificate to do this? If I do, can I refuse to prepare food until I have obtained the necessary certification?

There is no legal requirement for anyone working with food to have any formal qualifications relating to food handling or food safety. However food retailers and their staff do need to have an awareness of basic principles covered on formal courses in order to comply with applicable laws and Regulations.

I work in a bowling club that has a kitchen. On some occasions food is put on - does the person making the food need food hygiene certificate? We are a private club.

The most common formal qualification is the Chartered Institute of Environmental Health (CIEH) Food Handling qualification.

The Chartered Institute of Environmental Health

The CIEH food handling qualification is in three levels.

Level One is priced at approximately £17.50 plus VAT and covers topics such as: Food Poisoning; Food Storage; Personal Health and Hygiene; Cross contamination and Pests.

Level Two is priced at approximately £25 plus VAT and expands on Level One topics, as well as including topics such as: Cleaning; Risk assessment; Relevant legislation and Licensing.

Level Three is priced at £125 plus VAT and expands on Level topics, as well as focusing on supervisory management and giving food safety training to others.

Many food retailers (particularly larger chain restaurants) have their own training programmes in place. This will often be a combination of computer programmes (mini online lectures) and a written workbook, which covers all of these areas. As stated above, formal qualifications are not necessary, and you may choose to give training on a staff training day via oral discussion instead, which is just as acceptable.

TIP: If you choose to simply give Food Safety Training orally, such as at a staff meeting, ask staff to sign a declaration to confirm that they have received this training. As best practice, you should aim to give all staff this training approximately once a year to refresh Food Safety awareness.

It is not possible in this guide to go into depth about every food safety topic. However you will find below some key facts about some of the most important areas. You should ensure that you consider each area and adopt appropriate measures to address these hazards. The laws as detailed above are quite basic, and so it is up to you how to moderate your business to comply with these; there are no specific laws about what you must wear in a kitchen for example, but clearly wearing mud-stained clothing would not be appropriate. The below points are for guidance only and are considered best practice by many in the industry.

1) Food Poisoning

Symptoms of food poisoning include vomiting, diarrhoea and stomach cramps. Foods particularly susceptible to contamination, include raw meat, pre-cooked sliced meats/sandwiches, and dairy products such as eggs and soft cheese. The most common types of bacteria causing food poisoning are salmonella, E.coli, campylobacter and Listeria. Symptoms of food poisoning can occur anything from a few hours after to eating, to up to 70 days after in the most severe cases. The onset times depend upon the type of food poisoning.

2) Personal Health and Hygiene

I started work as a kitchen assistant recently at a residential home. The kitchen manager has told me I can no longer wear my watch due to health and safety. I am not forced to tie my hair up, I just have to wear a kind of baseball cap, which doesn't seem right. Also I am allowed to keep my wedding ring on. What are the actual requirements as far as dress and food preparation are concerned?

Food handlers should wear minimal jewellery - this is a contamination risk. Most kitchens allow food handlers to just wear a plain wedding band (i.e. no watch/earrings/necklace etc.

Some other rules for food handlers to follow are as follows:

  • Wash hands thoroughly before handling any food product and after touching any raw meat
  • Follow basic hygiene practices such as showering and wearing clean clothing
  • Avoid habits such as smoking or nail biting when handling food
  • Wear clean clothing when handling food - a protective jacket ensures food will not be contaminated by clothes that have been worn in the outside world, and protects clothes underneath from oil/fat stains. Long sleeves will also protect against spitting fat.
  • Tie hair back. It also helps to prevent contamination of food (such as hairs in food) if a hat is worn to cover hair.
  • Any wound should be covered with a waterproof plaster. This should be in a "detectable" colour (usually blue) so that it is easily spotted if it were to fall off. Blue plasters can be bought from most supermarkets.
  • If a food handler has sickness or diarrhoea, they should not handle food for at least 24 hours after the symptoms have subsided to avoid contaminating food (and passing the illness to other employees).

3) Food storage

Raw and cooked meat should always be stored separately. Any raw meat should be stored below cooked food so that the juices do not contaminate the cooked food. If you serve food for those with special dietary requirements, you should carefully consider what foods you store near other products (for example don't store bread next to gluten-free cooked pasta, as it might be contaminated by excess flour etc). Make sure you rotate your stock and do not use food beyond the "use by" date. Do not store cooked food for longer than approximately 3 days (even if stored in a fridge). Remember if it's mouldy/smells off, do not be tempted to serve it even if it is within its "use by" date.

4) Temperature Control

There are specific guidelines for temperature control:
  • Your fridges should store food at 3 to 5ºC and your freezer should store food at -18ºC or colder
  • If food is at any temperature between approximately 4ºC and 60ºC, it is described as being in "the danger zone". This refers to the temperature band at which harmful bacteria multiply the fastest
  • Refrigerating food does not kill bacteria, but it does slow their growth
  • Freezing food does not kill bacteria; they are merely dormant
  • Most food cooked to a minimum at 65ºC should ensure that bacteria are killed. However there are exceptions: pork and chicken should be cooked to approximately 75ºC (as a core temperature) to ensure that it is safe to eat

5) Pest Control

Pests are a problem for any food establishment, as food attracts pests. Common pests are insects, birds and rodents, the easiest way to keep out larger pests is to close doors and windows. Kitchens should be cooled by specially installed kitchen fans. If you need to open the door, use netting to cover the doorway to keep out pests.

Many kitchens have regular pest inspections by reputable companies such as Rentokil. Keep a record of any such inspections. Common signs of pests are small holes in dry food packets (especially grain), droppings, and dirty marks along the bottom of walls.

6) Licensing

Many establishments that serve food also serve alcohol. It is therefore essential that staff know the laws surrounding alcohol licensing. You must have a licence to serve alcohol, and that licence will specify the times at which you may do so. If a 16-17 year old eats a meal at a licensed restaurant, and are with a supervising adult (over 18 year old), they may have one small glass of wine, one beer or one cider. However technically it must be the adult who buys the drink, not the minor.

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[Add a Comment]
I only eat haggis and drink IRNBRU i dont really eat KFC so i wouldnt know. IRNBRU and haggis is the best diet to have. Andy Murry is my hero.
Stuart Gallagher - 19-Nov-19 @ 12:47 PM
Just been sold food from kfc and the foo sell by time label had lapsed by hr. Is this illegal?
Yogi - 14-Oct-19 @ 6:49 PM
no you do not need toilets as long as you have cups and a hose all is good PS. learnt all this from my health and social adviser who thinks toilets are full of bacteria and cause more damage then good. by the way follow me on insta toiletscooper1995 for more info
gassey boy 55437t4 - 9-Oct-19 @ 10:33 AM
Hi I have a cafe that seats 14 people do I have to provide a toilet for customers
SAN - 8-Oct-19 @ 3:28 PM
LOOK BECKY NO ONE CARES ABOUT YOUR 14 YEAR OLD BOY WHO DOES NOT HAVE A LEVEL 2 COURSE. I HAVE AJOB FOR HIM TO LICK ROTTEN MEAT I AM TRIGGGGGGERED
batty gordon rmamzam - 7-Oct-19 @ 12:55 PM
i dont eat food that has a gender because i dont want my food genders to be treated different because of their gender i only drink equal water from non gender water makers
gender male female d - 7-Oct-19 @ 12:53 PM
i have learnt my food storage skills from minecraft you have to but all the meat in a wooden chest away from creepers because you do not want the meat to go off. Ps dont eat rotten flesh will give you poison 1 for a minute cant run #cantrungotnohungerbars
slappy batty - 7-Oct-19 @ 12:50 PM
to anyone reading those comments please do not do it they are very dangerous and are stupid
mary rose - 7-Oct-19 @ 12:25 PM
that is ok done it myself it helps to remove the tough skin so that my children find it easy to eat
smithy wiz bang - 7-Oct-19 @ 12:22 PM
i am wondering if i can clean fish with ASDA's smart price bleach because i'm serving it to my friends want to make sure they do not get ill.
billy boy - 7-Oct-19 @ 12:19 PM
Can my 14 year old son gain an online level 2 certificate in food hygiene. He comes to work with me in my cafe and I was wondering what the legal requirements are
Becky - 14-Sep-19 @ 9:39 PM
I work in a super market. is it OK to work all 3 counters on my own. Meat fish and deli, can I refuse because of cross contamination
Lilly - 5-Sep-19 @ 10:13 AM
Hi, Our company has told us we must wear hair nets all the time including when we go to the toilet, tea breaks even though they are not all paid and smoke areas. this will mean some people wearing them constantly for up to 12 hours. can this procedure be legally enforced ?
JUH - 29-Jul-19 @ 12:12 PM
I work a lone in a cafe, I have level 3 as I tutor young people with additional needs. Staying within the cafe premises, when coming out of the kitchen to go to a customer with or without out food, do you need to take your apron off?
Nicknack - 5-Jul-19 @ 6:07 AM
Hi so I work in a small family run cafe, the kitchen gets really hot and stuffy when we are serving throughout the day, we only have 1 fan in the kitchen and when you look at the fan you can see how much dust has gathered on the outside (I try to clean it as best I can but it always comes back so quicky) due to the fact the inside is filled with dust and dirt and looking at it makes me feel sick. The issue has been pointed out to the owners but they make no effort to buy us a new fan for the kitchen and tell us to take the fan apart and clean it ourselves.. considering the amount of dust inside I feel it should be binned and not used in a kitchen Incase dust is contaminating the food? I can’t take it apart I have no idea how to and I don’t feel i would even be able to clean it to a safe level! I’m not sure what to do, the owners don’t take me seriously when I point out things that concern me. Once I pass my driving test I will be looking for a different job, I’m staying here at the moment because it’s easy for me but I am really concerned about this hygiene issue:/
Hannah - 21-Jun-19 @ 8:29 PM
Is there any laws/rules on selling hot beverages to minors (9 year olds)
Davey - 17-Jun-19 @ 6:50 PM
I have a question .One member of my staff keeps on singing whilist preparing food,sometimes even carving meat.The head chef has asked him to stop doing it as she is spreading germs in the food but she continous doing.What can we do and is it agaianist law?
Patie - 14-Jun-19 @ 3:17 PM
Hi, In the next half term at our primary school we are holding a school fete. A parent has enquired about making and selling some homemade food on one of the stalls. Does she need a Food Hygiene Certificate for this? Can the school be held responsible as she is on our premises? Thanks.
Pol - 13-Jun-19 @ 8:49 PM
Is it against the law to have a drink eg soda cup of tea glass of water while working in a hot kitchen?
D - 17-May-19 @ 7:33 PM
Just want to ask is it against the law to have a normal drink such as soda, cup of tea while working in a hot bust kitchen? (not alchoholic obviously)
D - 17-May-19 @ 7:31 PM
Hi I've worked in a cafe/restaurant for some time now and I've become aware that the hygiene standards and the condition of the premises are quite poor with no improvement to be seen. Its only me and the owners and sometimes I'm alone for long periods of time, at times for days. I try to do my best with cleaning but I can't do much on my own or with the equipment I have and also with customers always coming and the owners threatening to fire me if I don't serve them well promptly. Food wise I prepare with utmost caution and always up to standard. I've noticed that an inspection is soon due and I'm worried as to what will happen to me when they find the premises as they are when its not my fault. I know that probably the answer is gonna be to fire myself but I'm not from this country, I've not been here long and I've got children so I don't want to lose my job as with things being as they are it'll probably be very hard to find another quickly. Thank You
Cortana95 - 8-May-19 @ 9:51 PM
Is it a legal requirement when preparing salad items and sandwiches
Jan - 2-May-19 @ 8:20 PM
I have pointed major concerns in my kitchen to my my line manager but was told not to worry. I refused to fill in the EH as a result and then informed the MD of the company. In unusual circumstances the EH paid a visit but manager knew about it and took raw food out of wrappers and added a false date.. I suspect the food i have been told to cook is at least 5days past its useby..if food servers are also aware of this can they refuse to serve the prepared out of date meat.Now a chilli.. Can they refuse to serve it?
Nelly - 26-Apr-19 @ 4:35 PM
I'm 15 and work in a cafe. When first joining the job I expected to be just on the till / making drinks. But now, I have started working in the kitchen. I have to cook bacon, sausages, eggs and make different sandwiches and I am worried as I have not been told about needing a food hygiene certificate. Many times there is no one checking the food leaving the kitchen and going to customers as is it just my friend, also 15, and I working. Is this illegal? Could I get into trouble?
Jess - 24-Apr-19 @ 9:50 PM
I need help washing up in the kitchen and I have Food Hygiene certificate as I'm the cook but help washing up is it essential for them to have this certificate.
Liz - 1-Mar-19 @ 10:28 PM
I work in a rugby club and during the six nations we want to put bowls of snacks out, if this ok or against food and hygiene
Rach - 9-Feb-19 @ 9:51 AM
In a care home should non kitchen workers keep out of the kitchen ?
Kev - 6-Feb-19 @ 5:42 PM
Can you wear a plastic disposable apron Ia care home kitchen as concerned may melt?
Sam - 6-Feb-19 @ 11:49 AM
Can you wear blue disposable plastic aprons in care home kitchens as concerned they will melt
Sam - 6-Feb-19 @ 11:47 AM
I work in a Day Centre for the Elderly which has its own kitchen. We employ a cook and a Kitchen assistant and have 5 stars.The inspector calledin on a spot check and cook was told that no one is to enter the kitchen and the door should be kept locked. The Day Centre staff have to set tables(cutllery is in kitchen),serve meals and clear tables then go into kitchen to wash up dishes . We all have upto date Food Safety certificates and if we were only working in a kitchen, we would be classified as waitresses. This seems ridiculous to me, as when we are in the kitchen it is in an area that is not in the cooking /serving space. I have worked in restaurant kitchens as a waitress and have never come across this restriction before.Is it usual ?
Glen - 8-Jan-19 @ 6:10 PM
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