Food Safety

Food safety legislation changed on 1 January 2006; the Food Hygiene (England) Regulations 2006 came into force and Regulation 852/2004 (EC) of the European Parliament and Council on the Hygiene of Food Stuffs now applies to all food businesses except primary producers. This legislation is combined with the Food Safety Act 1990 which covers matters concerning wholesomeness / fitness or otherwise of food for human consumption.

Environmental Health Officers (EHOs) have the right to enter and inspect food premises at all reasonable hours. EHOs carry out routine inspections and may also visit as a result of a complaint or food poisoning investigation; how often routine inspections happen depends on the potential risk posed by the type of business and its previous record.

EHOs will look at the way the food business is being operated to identify potential hazards and to make sure the business complies with the law; they should discuss any problems and advise on possible solutions. EHOs have powers to issue improvement notices or serve emergency prohibition notices when they think it necessary to protect the public. For improvement notices there is a right of appeal and in the case of an emergency prohibition notice the Magistrates' Court must confirm the notice. In addition to these powers, failing to comply with the Regulations is a criminal offence for which the penalties are substantial.

If you have been issued with an improvement notice we can advise on whether and how to appeal; we can also assist if you are issued with an emergency prohibition notice or are prosecuted for food safety offences.

Please call us on 01252 617119 to find out how we can assist you.