The Food Safety Act 1990 - A Guide For Businesses

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THE FOOD SAFETY ACT 1990 – A GUIDE FOR FOOD BUSINESSESTHE FOOD SAFETY ACT 1990 – A GUIDEFOR FOOD BUSINESSES2009 EditionIf you require this information in an alternative format – such asaudio, large print, Braille – please contact us.CONTACT TELEPHONE: Chandra Ambigaipagan 020 7276 8166

es.4.Although food safety legislation affects everyone in the country, it isparticularly relevant to anyone working in the production, processing, storage,distribution and sale of food, no matter how large or small the business. Thisincludes non-profit making organisations.5.As a food business, you should familiarise yourself with the Food Safety Act1990 http://www.opsi.gov.uk/acts/acts1990/ukpga 19900016 en 1.htmwhich, although it has been changed substantially following the introduction ofEuropean food safety legislation, remains very important primary food safetylegislation. It has provided the basis and a flexible framework for muchdomestic food law and applies to the whole of Great Britain1. It concentrateson fundamental issues and leaves the detail to secondary legislation (which isnot specifically covered in this guide).6.This guide updates the previous guide “The Food Safety Act 1990 and You”,issued in 1996 and reprinted in 1997 and 1999. It focuses on the aspects ofthe Act which are of most significance to food businesses, i.e.what the Act requires;1Similar legislation exists in Northern Ireland, the Food Safety (Northern Ireland) Order 1991. FSANorthern Ireland is producing a separate guide to this order.5

T HE F O O D S A F E T Y AC T 1 9 9 0 – A G U I D E F OR F O O D B US I NE S S E SSummary of Responsibilities11. The Act applies to all types of food businesses.12. Your main responsibilities under the Act are:to ensure you do not include anything in food, remove anything from food ortreat food in any way which means it would be damaging to the health ofpeople eating it;to ensure that the food you serve or sell is of the nature, substance or qualitywhich consumers would expect;to ensure that the food is labelled, advertised and presented in a way that isnot false or misleading.7

T HE F O O D S A F E T Y AC T 1 9 9 0 – A G U I D E F OR F O O D B US I NE S S E STHE FOOD SAFETY ACT 1990MAIN AIMS, SCOPE AND DUTIESWhat is the Food Safety Act 1990?13. The Food Safety Act 1990 is wide-ranging legislation on food safety andconsumer protection in relation to food throughout Great Britain.What does the Act aim to achieve?14. The main aims of the Act are:to ensure that all food meets consumers‟ expectations in terms of nature,substance and quality and is not misleadingly presented;to provide legal powers and specify offences in relation to public healthand consumers‟ interest; andto enable Great Britain to fulfil its part of the United Kingdom‟sresponsibilities in the European Union.What is the scope of the Act?15. The Act covers activities throughout the food distribution chain, from primaryproduction through distribution to retail and catering.16. The Act gives the Government powers to make regulations on matters ofdetail. The Food Standards Agency is the principal Government Departmentresponsible for preparing specific regulations under the Act.Does the Food Safety Act stand alone?17. No. Regulation (EC) 178/2002 (the General Food Law Regulation), whichnow provides the basic framework for food law in the EU and UK, is alsoimportant food safety legislation and contains key provisions on food safety(Article 14), presentation (Article 16), traceability (Article 18) and withdrawal,recall and notification of unsafe food (Article 19). Details of where to findGuidance Notes for this Regulation, which should also be read, are atparagraph 8. There is a summary of all the general food law requirements oodlaw.18. The General Food Regulations 2004 and the Food Safety Act 1990(Amendment) Regulations 2004 make substantial amendments to the FoodSafety Act 1990:to implement the requirements of Regulation (EC) 178/2002 andprovide penalties for breaches of these requirements.8

T HE F O O D S A F E T Y AC T 1 9 9 0 – A G U I D E F OR F O O D B US I NE S S E S19. Many of the key provisions in food law are contained in regulations on morespecific areas, which may be made under the po

THE FOOD SAFETY ACT 1990 – A GUIDE FOR FOOD BUSINESSES 7 Summary of Responsibilities 11. The Act applies to all types of food businesses. 12. Your main responsibilities under the Act are: to ensure you do not include anything in food, remove anything from food or treat food in any way which means it would be damaging to the health of

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