What are the penalties for not complying with the Food Safety Act 1990?
If a food business doesn't follow the Food Safety Act 1990, it can face serious penalties. These can include closure of the business, heavy fines, or even prison time for the most severe cases. This is to make sure that everyone's health is protected by keeping all food safe and properly managed.
Common misunderstanding: Small violations of the Food Safety Act aren’t taken seriously and don’t lead to penalties.
Even small breaches can lead to significant consequences. Local authorities are very strict about compliance to ensure public safety, and any non-compliance can result in penalties.
Common misunderstanding: Penalties are only financial.
While fines are common, the penalties can also include prison sentences or operational restrictions like the issuance of Emergency Prohibition Notices, which can temporarily or permanently close a business.
What is an Emergency Prohibition Notice and when is it issued?
An Emergency Prohibition Notice is a legal tool used by local authorities to immediately close down a food business. This happens if there's a severe risk to public health, such as serious hygiene breaches or if unsafe food is being sold. It's a way to quickly stop any ongoing harm to the public.
Common misunderstanding: An Emergency Prohibition Notice is always permanent.
This notice can be temporary or permanent, depending on the situation. The goal is to stop the risk as soon as possible. Businesses can reopen if they address the issues and pass a new inspection.
Common misunderstanding: Any minor infraction can lead to an Emergency Prohibition Notice.
These notices are issued only for serious risks to public health. Minor infractions, while they need to be corrected, typically result in less severe actions unless they pose a direct risk to health.
How much can a food business be fined for breaching the Food Safety Act 1990?
Fines for breaching the Food Safety Act 1990 can be very high. In magistrates' courts, fines can reach up to £20,000 for certain offences, while Crown courts can impose unlimited fines depending on the severity of the breach.
Common misunderstanding: All breaches result in maximum fines.
The fine amount depends on the nature and severity of the breach. Not all violations lead to the maximum fine, but the potential for high penalties underscores the importance of compliance.
Common misunderstanding: Fines are the only financial consequence of non-compliance.
Beyond fines, businesses may face additional costs like legal fees, costs to rectify the issues, and lost revenue during closure or reduced operation.