Food Safety Regulations
The laws on food hygiene changed in 2006 and now greater
emphasis is put on the way in which risks to the safety of food are
managed. Food businesses now have a clear legal duty to make sure
that food served or sold to customers is safe to eat. Every food
business will have different risks, depending upon the type of food
that is prepared and the way in which it is produced and handled. A
written food safety management plan and procedures, based on Hazard
Analysis and Critical Control Points (HACCP)
principles, must now be put in place, implemented and maintained
(see
Safer Food Better Business).
The main areas of legislation that cover general food
business are:
- The Food Safety Act 1990;
- The General Food Regulations 2004;
- The Food Hygiene (England) Regulations 2006;
- The Food Labelling Regulations 1996;
- Regulation (EC) No 178/2002 (lays down the general principles
and requirements of food law, establishing the European Food Safety
Authority and laying down procedures in matters of food
safety);
- Regulation (EC) No 852/2004 (regards the hygiene of
foodstuffs); and
- Regulation (EC) No 853/2004 (laying down specific hygiene rules
for food of animal origin).
The above legislation makes it an offence for anyone to sell (or
keep for sale) food that is unfit for people to eat or cause food
to be dangerous to health, sell food that isn't what the customer
is entitled to expect, in terms of content or quality or describe
or present food in a way that is false or misleading.
They also place an obligation on businesses to ensure that their
activities are carried out in a hygienic way. As a proprietor, you
are responsible for checking specifically what you need to do to
comply with the law. Failure to do this could lead to formal action
being taken, which could result in financial penalties and
accompanying adverse publicity.
Some food businesses also require a licence from the Licensing Team e.g. for the service
of hot food and drink between the hours of 11pm and 5am.
Regulation (EC) No 852/2004 sets out the basic hygiene
principles that food businesses must follow in relation to staff,
premises and food handling. Under the regulations, you must have
effective controls necessary to avoid contamination, to ensure that
food is produced safely and that the health of your customers is
not put at risk. The controls include:
- premises are clean and in a good state of repair;
- good drainage, lighting and ventilation;
- sufficient waste disposal facilities;
- toilet facilities for staff;
- equipment is in good condition and kept clean;
- permanent arrangements for pest control which guard against
infestation by rats, mice, flies, cockroaches and other
insects;
- an effective cleaning routine;
- staff who are appropriately clothed and trained and have good
personal hygiene habits;
- arrangements for ensuring that all foods received into the
premises are in good condition; and
- handling, storage and transport practices which meet
temperature control requirements and avoid contamination.
You must identify potential hazards associated with your
business and introduce which will control the risks and to ensure
food safety.
Schedule 4 of The Food Hygiene (England) Regulations 2006
requires certain foods to be held at temperatures that will prevent
the growth of harmful bacteria.
It is an offence to allow food to be kept at temperatures
that would cause a risk to health, so you must make sure foods that
need temperature control are kept at the right temperature.
- Foods that need to be kept hot should be kept at 63°C or
above;
- Foods that need to be kept cold should be kept at 8°C or below
(preferably at 5°C or below); and
- Foods that need to be kept frozen should be kept between -18°C
to -24°C.
For further information or advice contact Health and Environment
on 01653 600666 ext. 249, 254 or 359.