Main aims, scope and duties The Food Safety Act 1990 Main aims, scope and duties The Food Safety Act 1990 is wide-ranging legislation on food and consumer protection throughout Great Britain

aims The main aims of the Act are: To ensure that all foods meet consumers’ expectation in terms of nature, Substance and quality and it is not misleadingly presented To provide legal powers and specify offences in relation to public health and consumers’ interests; and responsibilities in the European Union. Note that- the Food Safety Act 1990 came from Regulation(EC) 178/2002) the General Food Law Regulation.

What activities are covered by the Act? The Food Safety Act 1990 covers the following operations: Animal feed; Human consumptions; Medical products; Tobacco, and tobacco products; Narcotics or psychotropic substances Preparing Presentation and labelling Storing

When is food not of the nature or substance or quality demanded (section 14) Any person who sells to the purchaser’s prejudice any food which is not of the nature, or substance, or quality demanded by the purchaser is guilty of offence. The purchaser of food can be any of the following: A customer at a shop, A Company or institution, A purchaser can be someone who wins a prize in a raffle where money did not exchange hands.

Explanations of “nature”, “substance” and “quality” “nature” means a product sold as one thing, but which is in fact another e.g. haddock sold as cod “substance” means the food contains foreign bodies (e.g. insect) Where the food falls below a statutory requirement, or fall below standard set by an association for example – the Association of Bakers in Great Britain “quality” means commercial quality- composition in the food –e.g. stale cake or lack of required ingredients in preparing the food

The Main offences : what are the main offences under the Food Safety Act? The main offences are: Rendering the food injurious to health (section 7 of the Act) Selling, to the purchaser’s prejudice, food which is not of the nature or substance or quality demanded (article 14); and Falsely or misleadingly describing or presentation (section 15)

What are the penalties under the Act The Courts have powers to decide the appropriate penalties depending on the circumstances of each case or offence. In England and Wales, the Crown courts may impose the following penalties: Two years in prison and or impose unlimited fines Magistrates’ courts may impose a fine of up to £5,000 per offence and or a prison sentence of up to six (6) months in prison For offences under section 7 and 14 of the Act, the maximum fine a Magistrates’ court may set for each offence is £20,000. There are also penalties for obstructing an authorised officer

Defences to the offences under the Food Safety Act 1990 There are two defences under the Food Safety Act. These are as follows: ‘Due diligence- this defence protects the seller against the consumer by avoiding being sent to prison. This defence will succeed if the seller or a business can convince or show the court that they took all reasonable steps to avoid the commission of the offence or whatever the food related offence may be. Also, if the Business or the seller can convince the court that they took all reasonable steps by monitoring the activities of persons working under their authority to avoid the commission of the offence. “Due diligence” may succeed if the business can show that someone else was at fault. In this instance, the business must give some information to the prosecution for the prosecution to identify the person or presons responsible for the offence.

Managing customers’ queries or complaints in sales practice There are many ways of dealing with customers’ complaints or queries, however, below are some of the ways in dealing with complaints: Listen carefully to what customers have to say, and let them finish. The customers are not there to attack you personally but have a problem to be solved. So repeat back slowly what they said to show that you have understood them.

Ask questions in a caring and concerned manner By asking questions you get to know and understand better the problems, concerns and needs of the customers. With better understanding of customers’ problems you get the opportunity to address the problems and concerns of the customers’ in an appropriate manner. Customers’ whose complaints are dealt with passionately are likely to spread positive recommendations about the business

Put yourself in their shoes As a sales professional you do not need to argue with customers You must endeavour to make them feel that you are on their side and ready to help them solve their problems So, empathise with their situation

Apologise without blaming Show a customer that you are sincerely sorry That will reduce or clam the customers’ anger and make them willing to listen to your solutions Do not blame another person or department for the problem Just say truly “I ‘m sorry about that.”

Ask the customer, “ what will be an acceptable solution to you?” Propose one or more solutions to solve the customers’ problem or pain Be a partner in solving the customers’ problems Do not patronise the customers, allow them to choose the solution they think best addresses their problem or problems

Solve the problem, or find someone who can solve it, quickly According to research, customers prefer the person they are speaking with to solve their problems. This because when complaints are move up to management they become more expensive and time consuming to solve. This frustrates customers. Take responsibility to solve customers’ problems rather than passing them on to a colleague. By solving the customers’ problems personally, you create a positive professional image of yourself as well as the business’ image or brand.

Homework Write a short essay using three (3) of the above steps in managing customers’ complaints or queries. Each student will read their short essay in class Next week.