1990 Food Safety Act (UK): What you need to know to be compliant.

 This article will cover the main points of the Act and its impact on the food industry.

TLDR;

• •The 1990 Food Safety Act is a major law in the UK that ensures food safety.
• • It sets the rules that food businesses must follow to protect consumers.
• •Your food safety management system (how you will produce food safely) should be built in a way which adheres to the requiremets of the Food Safety Act

What is the Food Safety Act 1990?

The Food Safety Act 1990 is the foundation of food safety and hygiene standards in the UK. It protects consumers from unsafe food and forces food businesses to be responsible. This Act clearly sets out the main offences related to food safety and consumer protection so selling or processing food that is harmful to health is criminal.At the heart of the Act is the Food Standards Agency (FSA) which is responsible for the implementation and enforcement of food safety regulations. The FSA makes sure food businesses follow the standards set out in the Act covering everything from handling and storage of food to labelling and presentation. Compliance with these standards is not just a legal requirement but a public health imperative and a way to maintain consumer trust in the food industry.The Food Safety Act 1990 is a key piece of food legislation and covers several aspects of food safety. This includes preventing food poisoning, banning misleading labels and requiring expected quality and nature standards for food. By doing so it creates a safe food environment and reduces the risk of food poisoning and other health risks. This is essential for any food business as it sets out the responsibilities and expectations of being in the food industry.

Key obligations for food businesses

Under the Food Safety Act 1990 food businesses have a lot of responsibilities to ensure the quality and safety of the food they manage. These responsibilities are called food safety requirements and are wide ranging and cover hygienic handling and storage, accurate labelling and presentation and measures to prevent the sale or processing of food that is harmful to health By meeting these responsibilities businesses can protect consumers and maintain consumer trust.The key responsibilities can be broken down into three areas: safe consumption, accurate information and presentation and hygiene standards. Each of these areas is important for different reasons but together they form a food safety approach. We will look at each of these in more detail to understand what they mean and why they are important for food businesses.

Safe Consumption

The Food Safety Act 1990 considers safe food consumption as one of its core principles. This means proper storage temperatures, ‘use by’ dates and all equipment used in food preparation is clean and well maintained. High risk foods for example must be stored at 8 degrees Celsius or below to prevent spoilage and be safe. Foods with ‘use by’ dates must not be consumed or sold after the date as they are perishable and potentially unsafe.Preventing contamination is another key part of safe consumption. This includes protecting food from pests, having a supply of clean drinking water and disposing of food waste hygienically. All of these measures are to prevent infections and harm to consumers so food safety is paramount. By meeting these requirements food businesses can reduce the risk of food poisoning and protect public health and treat food with respect.

Accurate Information and Presentation

For consumers accurate information and presentation of food is key. Under the Food Safety Act 1990 food must be advertised, labelled and presented in a way that is truthful and does not mislead consumers. This includes providing ‘best before’ and ‘use by’ dates, allergen information and details of additives. Article 16 of the Act prohibits misleading labelling, advertising and presentation of food.Meeting Food Information Regulations is equally important. The Food Information Regulations 2014 in the UK which implement EU Regulation 1169/2011 require clear allergen information to be provided to consumers. This means consumers are informed about what they are eating which is particularly important for those with food allergies or intolerances. By providing accurate and transparent information food businesses can build trust with their customers and avoid legal action for misleading practices.

Hygiene Standards

Food businesses under the Food Safety Act 1990 must also meet hygiene standards. This means taking measures to prevent all forms of contamination including pest control. The Safer Food, Better Business (SFBB) pack for example has a collection of Safe Methods which cover key areas of food hygiene which are cross contamination, cleaning, chilling and cooking.These are useful tools to manage food safety risks and meet hygiene standards.Food premises must be clean and all food handling practices must meet hygiene laws to protect public health. Businesses must also follow temperature control measures to prevent growth of harmful bacteria and other pathogens. By meeting these hygiene standards food businesses can meet consumer demand and serve safe and clean food

Local Authority Enforcement

Local authorities are responsible for enforcing food hygiene laws and ensuring food businesses meet the Food Safety Act 1990. As a food business operator they will conduct risk based inspections of food premises and look at food handling, storage, preparation and overall cleanliness. These inspections are to ensure food businesses meet the standards in the Act and protect consumers from health risks.The Food Hygiene Rating Scheme run by local authorities publishes inspection results so consumers can see the hygiene standards of food businesses. This promotes transparency and allows consumers to make informed choices about where to eat.Local environmental health services also offer advice and guidance to food businesses on the law to promote food safety and standards. Investigations into complaints and suspected food poisoning cases by local authorities also protect consumers under the Food Safety Act. ## Food Safety Management Procedures

To meet the Food Safety Act 1990 food safety management procedures are essential. Food business operators must have food safety management systems based on Hazard Analysis and Critical Control Point (HACCP) principles. These principles are the framework for identifying food safety hazards and implementing controls to prevent contamination and ensure food safety. The complexity and detail of these systems will depend on the size and type of food business. Larger businesses will need more complex systems, smaller businesses simpler procedures. Whatever the size of the business HACCP principles must be followed to ensure food safety and public health. By following these guidelines food businesses can manage food safety risks and meet the law. ## Penalties for non-compliance

Food businesses can face severe penalties if they don’t meet the Food Safety Act 1990. Local authorities can issue Emergency Prohibition Notices to shut down a business immediately in cases of serious non-compliance. These notices are to protect public health by stopping the sale of unsafe food and guide the business to necessary improvements. Food businesses that don’t meet the Act can also be prosecuted with penalties including prison sentences and heavy fines. In Crown courts businesses can face unlimited fines, in magistrates’ courts up to £20,000 for specific offences. Non-compliance with food information regulations such as incorrect allergen labelling can be a criminal offence because of the risk to consumers. These penalties highlight the need to meet food safety regulations and maintain high standards of hygiene and accuracy in food labelling. ## Food Hygiene Legislation and the Act

The Food Safety Act 1990 along with several other key legislation forms the food safety framework in the UK. The General Food Law Regulation (EC) No 178/2002 is about preventing unsafe food from reaching the market and food traceability. This regulation complements the Act by ensuring food businesses maintain high standards of safety and quality throughout the food chain. The Food Safety and Hygiene (England) Regulations 2013 detail the specific hygiene standards and legal requirements which match the principles in the Food Safety Act 1990. Following the Food Standards Act 1999 the Food Standards Agency was set up to protect public health in relation to food. This agency has a key role in enforcing food safety regulations and ensuring food businesses meet the law. ## Changes and Amendments

The UK’s exit from the EU has brought significant changes for food businesses. EU legislation that was directly applicable in Great Britain ceased to apply post-Brexit and new assimilated laws were created. These assimilated laws were published on legislation.gov.uk as of January 1, 2024 and affect the food business regulatory framework and require businesses to meet new legal requirements. The assimilated Regulation (EC) 178/2002 also known as the ‘General Food Law’ is one of the key changes. It’s about protecting human health and consumers’ interests in relation to food. The Windsor Framework introduced in March 2023 allows agrifood retail products to move from Great Britain to Northern Ireland and ensures food safety standards are maintained while adapting to new trade arrangements. These changes mean you need to stay up to date with regulatory changes and meet the latest legal requirements. ## Consumer Protection

By preventing the sale or processing of unsafe food the Food Safety Act 1990 has a key role in consumer protection. The Act ensures food businesses meet the expected quality and nature of food, prevent addition or removal of harmful substances and protect consumers from health risks. By enforcing these standards the Act helps build consumer trust and confidence in the food industry. Under the Act businesses have clear responsibilities to consumers. This includes maintaining high standards of hygiene and providing accurate food information. These measures are to protect consumers from food poisoning and other health risks and ensure the food in the market is safe and of high quality.