Food Safety Regulations

The Food Safety Act 1990 and regulations made under it make it an offence for anyone to sell or process food for sale which is harmful to health. They also place an obligation on businesses to ensure that their activities are carried out in a hygienic way. The council is responsible for ensuring that local businesses comply with these regulations.

An estimated five million people suffer from food poisoning in England and Wales each year. Running a food business means that you have a particular responsibility in protecting the health of your customers.

• What are the requirements for a food business?
• What do i need to start a food business?
• What law applies?

For more detailed information please go to the Food Standards Agency website.

Staff in the Environmental Health Service are always willing to give guidance on how the law relates to your business. If you need advice, please ask.

Requirements for a Food Business

The Food Safety (General Food Hygiene) Regulations 1995 require that you consider these areas of your business - the layout of the premises; the requirements for the rooms where foodstuffs are prepared, treated or processed and what to do with the food waste, along with equipment, training, water supply and transport.

Food premises must be kept clean and maintained in good repair and condition. The layout, design, construction and size should allow for:

• adequate cleaning and/or disinfecting
• protection against the accumulation of dirt, contact with toxic materials, the shedding of particles into food and the formation of condensation or undesirable mould
• good food hygiene practices, including protection against cross contamination between and during operations
• suitable temperature conditions for hygienic processing and storage
• an adequate number of wash basins must be available, suitably located and designated for cleaning hands and an adequate number of flush lavatories must be available and connected to an effective drainage system (must not lead directly into rooms in which food is located).
• wash basins for hand cleaning must have hot and cold running water and materials for cleaning hands and for hygienic drying.
• suitable and sufficient means of natural or mechanical ventilation.  All sanitary conveniences must have adequate natural or mechanical ventilation.
• adequate natural or artificial lighting.
• drainage must be adequate for the purpose intended.
• adequate changing facilities for personnel must be provided where necessary.

The requirements in the rooms where food is prepared, treated or processed

• The floor and wall surfaces must be maintained in a sound condition and they must be easy to clean and where necessary, disinfect.
• Ceilings must be designed, constructed and finished to prevent the accumulation of dirt and reduce condensation, the growth of mould and the shedding of particles.
• Windows must be constructed to prevent the accumulation of dirt and where necessary be fitted with insect-proof screens capable of removal for cleaning.
• Doors must be easy to clean and where necessary disinfected.
• Surfaces (including equipment) in contact with food must be maintained in a sound condition and be easy to clean and where necessary disinfect.
• There must be adequate facilities for cleaning of work tools and equipment.
• There must be adequate provision for washing of the food.

Requirements for food waste.

• Food waste and other refuse must not be allowed to accumulate in food rooms and must be deposited in closeable containers (unless you can satisfy the food authority that other types of containers are appropriate).  
• Adequate provision must be made for the removal and storage of food waste and other refuse.

Starting a Food Business

You will need to consider the type of premises, the availability of suitable services, the provision of pest control, deliveries of supplies, storage of equipment and foodstuffs and waste removal.

You will need to consider the design and layout of a food premises e.g. narrow gaps should be avoided as this will allow the accumulation of dust and will encourage pests  and will hinder cleaning.

Thought should be given to:

• Access for cleaning
• Mobile equipment
• Material that can be easily cleaned
• Protection against cross contamination
• Temperature conditions
• Adequate lighting and ventilation
• Wash hand basins - how many?
• Hot and cold water and drainage
• Changing facilities and storage space

You will need to determine which services are available in your premises e.g. water, gas, electricity etc.

Vigilance and positive action should be used to avoid pests being found on the premises, and setting up a pest control contract may be the answer.

You should use reputable suppliers and provide adequate access and space for deliveries.

You will need to consider storage in relation to

• materials and packaging
• cleaning equipment
• raw materials separate from the process
• adequate temperature controlled storage
• correctly sited cleaning equipment areas
• ingredients and other foodstuffs
• space for staff rooms and smoking areas
• separate areas for returned goods

Consider refuse removal contracts, number of times collection occurs weekly (is it enough?)

Separate area away from food preparation areas

Short and direct routes for waste disposal

Training of staff and food handlers

Legislation

The main requirements are contained in the following regulations

• Food Premises (Registration) Regulations 1991
• Food Safety (General Food Hygiene) Regulations 1995
• Food Safety (Temperature Control) Regulations 1995
• Food Labelling Regulations 1996 (as amended)
• Food Safety (General Food Hygiene) (Butchers' Shops) Amendment Regulation 2000
• Food Hygiene (England) Regulations 2005

Further information can be found on the Food Standards Agency website.

Food Labelling and Composition

Food labels are there to give us information on what we are eating - this gives us, as the consumers, more of a choice. There are regulations that prevent manufacturers misleading food

• What is required on packaging?
• Labelling of Alcoholic Drinks
• Labelling of Genetically Modified Foods
• Labelling of Organic Foods
• Food Allergies
• Legislation

What is required on packaging?

• Name of the Food
• list of Ingredients

• Storage Instructions
• Best Before/Use By
• Name and Address
• Origin
• Nutritional Information
• Quantity
• Quantitative Ingredients Declarations (QUID)
• Special Claims

Name of the Food

This must take one of three forms:

• name of a product required by law, eg. milk chocolate
• the customary name of a product, eg. doughnut
• Name or short description that suitably describes the product and ensures that consumers do not to confuse it with other similar products.

Certain 'common' names for foods cannot be used if the percentage composition of the product does not meet the requirements. For example, a burger cannot be labelled 'Beef Burger' if the beef content is less than 65% lean beef.

The name has to describe what typeof food it is, and whatprocessesit has undergone, if any, eg. smoked salmon.

List of Ingredients

If the product contains more than two individual ingredients, a full list of all the ingredients must be given. These must be given in descending weight order as at the time of preparation. Most 'additives' must be stated in order of function and serial or specific name e.g. preservative: E220 or preservative sulphur dioxide.

Flavouring may simply be labelled as 'flavours' omitting specific names. Modified starch may simply be referred to as 'Modified Starch'

Storage Instructions

On most pre-packed, perishable goods, there will be a set of storage instructions which will guide the consumer on how to keep the product as fresh as possible and for as long as possible. These can be important for maintaining food safety eg. 'refrigerate after opening'

Use By/Best Before Dates

Use By Dates

'Use By' labels are placed on fresh produce that can deteriorate and even become unsafe to eat over short time periods eg. fish, fresh meat, meat products and milk.

Advice for consumers on use by dates:

Even if the food or drink looks and smells fine, don't use it

The 'Use By' date can only be a valid guide if you follow the storage instructions on the packaging. For example, milk will go off a lot quicker if you do not keeps it refrigerated.

The term 'Use By' does not necessarily mean 'Eat By', if the food is suitable, it's life can often be extended by freezing it.

Make sure you always follow relevant cooking/preparing/storage instructions as stated on the packaging.

Beware, some products may have a specific 'Use By' date but if it is opened, must be consumed within a certain time. However, if the 'Use By' date is tomorrow, you must consume the product by the end of tomorrow.

Best Before Dates

'Best Before' dates tend to appear more on more stable or non-perishable goods, such as canned, frozen and dried produce.

Advice for consumers on best before dates:

'Best Before' dates refer more to the quality rather than the safety of the product and indicate a date up until which a food will stay at a reasonable eating quality.

the 'Best Before date can only be a valid guide if you follow the storage instructions on the packaging. To enjoy the food at it's best, be sure to adhere to these instructions.

Other Dates

Other dates that may be marked next to the 'Use By' or 'Best Before' dates may be the 'Display until' dates which are merely there to help shops with stock control and are of no relevance to shoppers.

Name and Address

The product must be labelled with the name and address of the manufacturer, packer, importer or seller of the product. This can usually be used if the consumer wishes to make a comment about the product, directly to the company.

Origin

A product must always state its country of origin if its absence could be misleading to a consumer, eg. an Italian pizza made in the UK.

Nutritional information

A manufacturer is only required to provide nutritional Information if a consumer asks for it or if the product makes a claim such as 'low fat' or 'high in fibre'. However, if a company voluntarily decides to provide this information then it must comply with certain regulations.

The following components are featured on Nutritional Information:

Energy

Energy is measured in calories (kcal) or joules (kj).

Protein

Foods such as meat, fish and soy products are full of protein. It is important for growth and body repair.

Carbohydrate

Carbohydrates can be derived from food such as potatoes, bread, rice and pasta. They predominantly made up of sugars and starch. Nutritional information labels will tell you how much of the carbohydrates are sugars (the rest will be starch.)

Starch

Most of our energy comes from starch, rather than from fats and sugars.

Sugars

Sugars refer to both natural sugars, eg. fructose in fruit, and added, more refined sugars eg. sucrose and glucose, which are more harmful, especially to teeth.

Saturated fat

This is the most harmful type of fats and they can raise cholesterol levels significantly, which in turn can lead to heart disease. Saturated fats are common in foods such as cheese, sausages, pies and butter.

Monounsaturated and polyunsaturated fat

Monounsaturates do not effect cholesterol, and polyunsaturates reduce cholesterol levels. Although monounsaturates (found in olive and rapeseed oil) and polyunsaturates (found in sunflower and soya oil) are a healthier option, they are still fats and can lead to weight gain.

Dietary fibre

Fibre can be found in foods such as wholemeal bread, baked beans, fruit and vegetables and can help reduce constipation and piles.

Sodium

Most of the sodium found in food comes from salt and can cause high blood pressure so should be avoided.

Recommended average daily energy allowances

Age	Men	Women
1 to 3 years	102 kcal/kg (1300 kcal/day)	102 kcal/kg (1300 kcal/day)
4 to 6 years	90 kcal/kg (1800 kcal/day)	90 kcal/kg (1800 kcal/day)
7 to 10 years	70 kcal/kg (2000 kcal/day)	70 kcal/kg (2000 kcal/day)
11 to 14 years	55 kcal/kg (2500 kcal/day)	47 kcal/kg (2200 kcal/day)
15 to 18 years	45 kcal/kg (3000 kcal/day)	40 kcal/kg (2200 kcal/day)
19 to 24 years	40 kcal/kg (2900 kcal/day)	38 kcal/kg (2200 kcal/day)
25 to 50 years	37 kcal/kg (2900 kcal/day)	36 kcal/kg (2200 kcal/day)
over 51 years	30 kcal/kg (2300 kcal/day)	30 kcal/kg (1900 kcal/day)

Quantity

Some foods are sold in so-called 'prescribed quantities' eg. all pre-packed bread is sold in multiples of 400g. Virtually all food must display a quantity. All the information on quantities refers to 'Net Weight' ie. the weight without the packaging.

Quantitative Ingredient Declarations (QUID)

QUID declarations are made as a percentage of the ingredient or of the entire product when the ingredient or category of ingredient is:

• highlighted by labelling or picture eg. 'extra cheese'
• mentioned in the name of the product eg. 'Cheese and onion pasty'
• normally connected with the name by the consumer eg. fruit in a summer pudding

Special Claims

Labels such as "Low Calorie", "Diet", "High in Polyunsaturates", "Rich in Vitamins", must be clearly justified on the nutrition information. There are also specific regulations on claims, which must be adhered to.

When the item is sold to the ultimate consumer, the packaging must be completely sealed.

Labelling of Alcoholic Drinks

Alcoholic drinks, which contain more that 1.2% alcohol must be labelled as such. In fact, the specific alcohol content must be stated on the packaging in the form of "Alcohol X%" or "Alc X%". This must also be given to drinks sold in pubs and restaurants.

Labelling of Genetically Modified Foods

Genetic modification is where genes in an organism are allowed to carry information and instructions for a particular feature using biotechnology.

This technology has been used in a number of different ways to aid food manufactures and suppliers. Some of these features include an extended storage life or nutritional value of food.

The Food Standards Agency recognises that not everyone will want to buy GM foods, however carefully they have been assessed for safety. All foods that contain GM food must be labelled accordingly.

For more information on the sales, testing and safety of GM foods, visit theFood Standards Agencylink to external websitewebsite

Labelling of Organic Foods

All organic produce mustonlycontain food, which has been farmed organically. This means not using fertilisers or pesticides, which have not been approved to be organic. It also means that the land, on which the food has been grown, has been farmed organically during the conversion period (normally two years). Only then can a product be sold as organic.

Manufacturers of organic food are permitted to use some approved non-organic products, so long as 95% of the ingredients are, in fact organic.

If the organic ingredients make up only 70-95% of a particular product, it may NOT be labelled an organic product. However, the organic ingredients may be specified on the packaging.

Labels on food sold, as 'organic' must indicate the organic certification body that the processor or packer is registered with. The labels must include a code number, and the name or trademark of the certification body may also be shown.

It is not always possible to make products entirely from organic ingredients, since not all ingredients are available in organic form.

Food Allergies

The government has now made it a compulsory feature of all food packaging, including that of alcoholic drinks, to ensure that all consumers are provided with a comprehensive list of ingredients. This allows the consumer to check for any of the following food components that they want to avoid, in particular, in the event of specific allergies:

• cereals containing gluten
• crustaceans
• eggs
• fish
• peanuts
• soybeans
• milk and dairy products (including lactose)
• nuts and nut products
• sesame seeds
• sulphite at concentration of at least 10mg/kg and products thereof
• Components of compounds that make up less that 25% of a particular final product must also be listed.

However, the European Commission suggests that in the following cases, full lists of ingredients need not be listed:

• compound ingredients making up less than 5% of the finished product
• sauces and Mustards making up less than 5% of the finished product
• herbs and Spices in mixtures of Herbs and Spices which make up less than 2% of the finished product

Legislation

The main requirements are contained in the following regulations

• Food Premises (Registration) Regulations 1991
• Food Safety (General Food Hygiene) Regulations 1995
• Food Safety (Temperature Control) Regulations 1995
• Food Labelling Regulations 1996 (as amended)
• Food Safety (General Food Hygiene) (Butchers' Shops) Amendment Regulation 2000
• Food Hygiene (England) Regulations 2005

Further information can be found on the Food Standards Agency website

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Page updated: 3 Jan 2008