Food Hygiene Legislation The Food Safety Act 1990 The act provide the framework for many of the current regulations and is concerned with all aspects of food production and sale (production, processing, storage, distribution and sale). It ensures that all food produced in the food industry is safe to eat. The main aim of this act is to protect the health of consumers and to prevent food fraud. This Act is the primary legislation in the UK, applying to England, Wales and Scotland. The intention of the Act is that food shall be in as wholesome a condition as possible when it is eaten. The Act came first, but has been followed by subsequent secondary legislative measures. All of this legislation prescribes legally enforceable standards of composition and treatment and renders infringement a criminal offence. The Act prohibits the addition to food any substance that would make it ‘injurious to health’. It is also required that Ministers ‘have regard to the desirability of restricting, so far as practicable, the use of substances of no nutritional value as foods or ingredients of foods’. The Act empowers Food and Health Ministers to make regulations concerning foods and, once approved by Parliament, these are published as legally binding Statutory Instruments.

The Act covers issues such as: Food safety (it is unlawful to sell food unfit for human consumption, or rendered harmful by the addition or removal of constituents, or by subjecting it to processes or treatments that are unreasonable. This covers microbial, foreign body or chemical contaminants). Substance, nature or quality (it is illegal to sell food which is inferior or substantially different to what it is purported to be, e.g. setting minimum amounts of foods for products such as fruit in fruit cocktails). Misleading descriptions (an offence to make a false or misleading claim on a food label or in an advertisement for a food, e.g. describing something as British when the main ingredient comes from abroad). Misleading presentation (this covers shape, appearance, packaging, the way things are presented for sale and the setting in which it is displayed e.g. fatty mince under red lighting to mislead consumers about its fat content). Individual legislation to include such things as additives, compositional standards, contaminants, hygiene and labelling. Food Hygiene Regulations 1995 A revised version was issued in 1995 to ensure that the same food hygiene rules are applied in all European countries. The Regulations must be adhered to by anyone who owns, manages or works in a food business. The main responsibilities for all food businesses 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 people eating it -To ensure that the food you serve or sell is of the nature, substance or quality which consumers would expect - To ensure that the food is labelled, advertised and presented in a way that is not false or misleading.

Food Hygiene Regulations 2006 European Union laws that were introduced to the UK from the 1st of January This legislation is aimed at bringing up to date, combining and simplifying all the past EU food hygiene laws and regulations. Weights and Measures Act This applies to England, Wales and Scotland. It is of particular interest to consumers because it deals with short weight (or volume). It is an offence to deliver to the buyer a lesser quantity than purported to be sold or a lesser quantity than corresponds with the price charged. Matters related to the ‘Average Weight System’ (e mark) are also covered. Packers are allowed a tolerance on the actual weight / volume provided the average weight in a bulk lot does not fall below that stated on the package (tolerances may be +/- 15g). This ensures the consumer gets a fair deal. Some packs may be below the tolerance, but equally, some may be above it.

Food Standards Agency (FSA) The Food Standards Agency is an independent government department responsible for food safety and hygiene across the UK. It was set up by the Government in April A number of high profile cases of food poisoning in the 1990s created the need for unbiased departments to report on issues where farming and food safety were linked Its main aim is to work with businesses to help them produce safe food, and with local authorities to enforce food safety regulations. There are four key strands to the FSA: 1.Policy advice and legislation 2.Research and surveillance 3.General food law enforcement 4.Public information and education

Food hygiene regulations 2006 The legislation is a modernised and simplified version of the previous EU food hygiene legislation. It applies effective and proportionate controls throughout the food chain. This ranges from primary production to sales or supplies right to the final consumer. A good way to remember this is “From farm to fork” These controls are necessary for public health protection. They clarify that the primary responsibility of food business operators' is to produce food safely There are 3 main regulations: Regulation on hygiene and food stuffs Regulation laying down specific hygiene rules for food of animal origin Regulation laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption.

All food businesses need to be registered with the competent authority, such as the Meat Hygiene Service or the Local Authority Environmental Health Department, depending on the type of business. A key part of the legislation is the requirement for food business operators (except farmers and growers) to put in place, implement and maintain a permanent procedure, or procedures, based on HACCP principles. The legislation is structured so that it can be applied flexibly and proportionately with the nature of the food business. What are they required to do under this act? They must register their business before being allowed to open However the premises for certain types of food business need to be approved, rather than registered, including those producing the following foods: - Meat and meat products - Eggs - Milk and dairy products Notice these are all foods at a high risk from bacterial growth. (high in protein)

Food handlers must receive appropriate supervision, and be instructed or trained in food hygiene, to enable them to handle food safely. Those responsible for developing and maintaining the business’s food safety procedures, based on HACCP principles, must have received adequate training. Adequate training can be obtained by attending a formal training course, self study, on the job training or relevant prior experience. The operator of the food business is responsible for ensuring this happens. They will be liable if this doesn’t happen. HACCP An internationally recognised and accepted system that can assist organisations to put into place rigorous processes that monitor and control procedures which will prevent hazards in food production. Food safety and public health agencies throughout the world recognize HACCP as the preferred tool for food safety assurance and improving regulatory food standards. It is a set of guidelines and principles that offer a systematic approach to food safety that addresses the physical, chemical, and biological hazards relating to food safety, and in this context should be seen as more than a simple quality control.

Developing a HACCP plan For a HACCP plan to be implemented successfully, the management of a company must be strongly committed to its concepts and principles. The onus is on them to establish a plan that describes a employees responsibility or developing, implementing and maintaining the HACCP system. Stage 1 Firstly you should assemble a HACCP team that consists of key individuals who have a detailed understanding and expertise of the organisations unique products and processes. This team will be responsible for putting together the initial plan and for seeing that it is implemented. An important aspect in ensuring that the plan operates smoothly is to make sure that and teams involved have the appropriate training to carry it out. Stage 2 The assembled team should now describe in detail their companies operation in relation to areas such as ingredients, distribution and refrigeration etc. They have to determine the product lines and distribution channels that should be included in the HACCP plan. Stage 3 They should now describe the intended use of the food, for instance the consumers who will purchase and consume it i.e. infants, elderly or teenagers etc. Stage 4 Create a flow diagram that is gives a simple and clear outline of the steps involved in the food process of the company. It should include all areas of the food chain process and be accurate and fully complete. Stage 5 At this stage you can apply the seven principles of HACCP (see below).

The seven principles of HACCP The Hazard Analysis and Critical Control Point (HACCP) system is based on the following seven principles: 1. Identify any hazards Do this by carrying out an analysis of possible physical, chemical, biological hazards. 2. Identify the critical control points (CCPs) These are key points where a potential hazard could occur, and which can also be monitored, prevented or controlled. 3. Establish critical limits at CCPs If these are reached then action must be taken. 4. Establish procedures to monitor the CCPs This should include working instructions and procedures that outline the tasks of employees monitoring each CCP. With accurate monitoring you can evaluate and ensure that each CCP does not exceed the limits set for it. 5. Establish corrective actions to be taken if a CCP exceeds its limited Have set procedures in place and ready to be executed. 6. Establish procedures to verify whether the above procedures are working effectively Keep accurate monitoring, assessment and deviation records as these can provide the basis for audit checks and possibly provide evidence of due diligence in the event of any legal action. 7. Establish record-keeping and documentation procedures to validate that the HACCP system is working effectively Supervisors and managers should regularly review HACCP plan, CCP records and critical limits to confirm everything is running smoothly Documentation in HACCP Accurate record keeping and documents is an important part of HACCP and overall food safety management

Role of Environmental Health Officer EHOs are employed by local councils and work in specialist areas such as food safety, health and safety, housing and environmental protection EHOs have the right to enter premises for inspection and may visit as a result of a complaint. No notice is needed. The frequency of the visit can be determined by the potential risk posed by the type of business, and its previous record. The EHO may collect samples of suspect foods or testing and analysis; work surfaces and equipment may be swabbed. The EHO will discuss the nature of the food premises business and identify associated hazards and risks. Verbal feedback will be given during an inspection. Food safety management systems and plans will be inspected. Check that staff have received appropriate hygiene training. A formal inspection letter may be produced outlining areas and issues that need to be addressed at the food premises. It will identify which regulations have not been met and give recommendations for improvement. An EHO can serve a Hygiene Improvement Notice – this gives details of contraventions, remedies and a time scale for improvement on the part of the food premises. An EHO may revisit the premise once the notice is served. A Hygiene Emergency Prohibition Notice can be served if the EHO believes that there is an immediate danger to the health of the public. The notice stops the use of the premises, any equipment or a specified handling process. The EHO then applies to the magistrate within three days for a Prohibition Order. The EHO can inspect and seize foods suspected of not meeting food safety regulations. It may be a whole batch, lot or consignment of food. The food may go through microbiological testing. In order to condemn or seize food, an application to The Justice of the Peace has to be made. The EHO must present their findings to a Justice of the Peace. If condemned the cost of destruction of the food falls to the food premises/owner. The EHO may use powers under the Food Safety Act 1990 to prosecute food premises/owners who are found to be breaking its safety clauses. This may result in fines, closure of the business and/or a prison sentence.