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Frequently Asked Questions
Why do Cash & Carriies not need FSA Approval
SFMTA asked the Food Standards Agency the position of cash and carries vis a vis approvals. We asked why should they be exempt, especially if they are selling to white van men who are subsequently selling on?
FSA advise in general, Cash & Carrys do not tend to require approval. This is because they can be exempt under the 'retail to retail' exemption, where supply to other food businesses is on marginal, localised and restricted basis.
Details on these exemptions can be found at paragraph 5.1.4.3 of the Food Law Code of Practice (Scotland) http://www.food.gov.uk/multimedia/pdfs/enforcement/copscotland0903.pdf
with further detail contained within Annex 3 of the food Law Practice Guidance (Scotland)
http://www.food.gov.uk/multimedia/pdfs/scottishcoppg.pdf
Specifically in relation to Cash & Carrys, advice is contained at Page 162 (Point 9) of the Food Law Practice Guidance (Scotland) and states that:
' Do cash and carrys need to be approved? The definition of ''retail'' in Article 3(7) of Regulation 178/2002 includes ''wholesale outlets.'' Cash and carrys may therefore fall into this category and could, depending on their specific activities, be exempt from the requirements of Regulation 853/2004. Although a wholesale outlet may be considered to be ''retail” as defined, if it is not supplying final consumers exclusively and/or other retail establishments on a marginal, localised and restricted basis approval would be required.'
In the case of cash and carries, marginal is interpreted as “up to a quarter of the food business”; this is calculated by measuring the amount of food of animal origin (FOAO) supplied to other establishments against the entire business in terms of food, whether retail or wholesale, this includes food of any type e.g. drink, biscuits etc. Establishments can be exempt from approval provided the amount of FOAO supplied does not exceed a quarter of the food business.
As a consequence, cash and carries are likely to remain exempt. This means that an establishment which wholesales its entire food stock could be exempt from approval if 75% of it is non-FOAO and 25% is FOAO, providing the FOAO is supplied locally.