Food Safety Act 1990

Food businesses include producers, processors,
manufacturers, retailers, importers and distributors. Consumers must have confidence that the food they buy and eat will be what they expect and will do them no harm. The importance of this confidence cannot be underestimated for businesses.

2. Although food safety legislation affects everyone in the country, it is particularly relevant to anyone working in the production, processing, storage, distribution and sale of food, no matter how large or small their
business. This includes self-employed people and non-profit making organisations as well as farmers, growers and caterers.

Purpose of Guidance Notes
3. These Guidance Notes “The Food Safety Act 1990 – a Guide for Food Businesses”, update the previous guide “The Food Safety Act 1990 and You”, issued in 1996 and reprinted in 1997 and 1999. Their purpose is to
provide informal, non-binding advice for all food businesses on the legal requirements of the Food Safety Act 1990. They should be read in conjunction with the legislation itself.

4. The update of the Guidance Notes is needed owing to significant amendments to the Act, which have important implications, particularly for food businesses. The Notes focus on the aspects of the Act which are of
most significance to food businesses, i.e. what the Act requires: the offences under the legislation, the powers of food authorities, possible defences and appeal rights.

5. Since 1999 there have been substantial changes in food safety law in the United Kingdom. In particular, the European Union adopted the General Food Law Regulation (Regulation (EC) 178/2002), which came fully into
effect in 2005. This Regulation created new laws on food safety. traceability. withdrawal and recall of products. These have been effected in Great Britain by the General Food Regulations 2004 (No. 3279), which created criminal offences for breaches of certain articles in Regulation
(EC) 178/2002. In addition the Food Safety Act 1990 (Amendment)Regulations 2004 (No. 2990) has made substantial changes to the Food Safety Act 1990.

6. These Guidance Notes should be read in conjunction with the Food Standards Agency (FSA) Guidance Notes on the General Food Law Regulation (EC) 178/2002, which were published in 2007. These are available at
THE FOOD SAFETY ACT 1990 – A GUIDE FOR FOOD BUSINESSES –
http://www.food.gov.uk/foodindustry/guidancenotes/foodguid/generalfoodlaw.

7. Food hygiene requirements for businesses are dealt with separately under food law and are covered by the Food Hygiene Regulations 20061 (as amended). Those national Regulations provide for the execution and enforcement of certain Community Regulations including Regulation (EC)852/2004 on the hygiene of foodstuffs. Regulation (EC) 853/2004, laying down specific rules for food of animal origin. Regulation (EC) 854/2004, laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption and Regulation (EC) 2073/2005 on microbiological criteria for foodstuffs. There is detailed guidance on food hygiene legislation at http://www.food.gov.uk/multimedia/pdfs/fsaguidefoodhygleg.pdf

8. The Food Safety Act 1990 remains very important primary food safety legislation. It applies to the whole of Great Britain. It has provided the basis and a flexible framework for much domestic food law. It concentrates on fundamental issues and leaves the detail to secondary legislation (which is not specifically covered in this guidance).

9. In summarising the Food Safety Act 1990, these Guidance Notes indicate what the Act requires and the information contained here is relevant to everyone involved in supplying food for human consumption.

10. The text of these Guidance Notes should not be taken as an authoritative statement or interpretation of the law, as only the courts have this power.

Every effort has been made to ensure that these guidance notes are as helpful as possible. However, it is ultimately the responsibility of individual businesses to ensure their compliance with the law. The Environmental
Health or Trading Standards Department of your local authority/ies should be your main source of advice on food safety legislation. Information and advice may also be available from trade organisations.