2. Law and responsibility

Introduction

This chapter covers how the most significant laws affect your job in relation to allergenic ingredients. But before that, it’s important to understand how law works in the UK. Ignorance is not a basis for legal defence in the UK. This means you cannot avoid legal responsibility simply by claiming you were unaware of the law.

UK food law focuses on labelling and communicating with customers about allergenic ingredients rather than restricting their use. Food businesses do not have to alter recipes in any way, but they must communicate clearly when one of the 14 named allergenic ingredients are used, and the customer must have access to this information, allowing them to take responsibility for managing their allergy or intolerance.

Law enforcement

Before we discuss Natasha’s law and other legislation, it’s worth understanding how laws, rules and enforcement work together to direct all food safety matters including the use of allergenic ingredients.

Environmental Health Officer (EHO) powers

EHOs have the legal power to inspect all food premises without prior notice, and to issue legally enforceable improvement or closure notices. EHOs can initiate prosecutions of people working at, and responsible for, food premises who have broken food safety law.

Penalties can range from small fines to manslaughter charges and imprisonment. It’s important to stress that all levels of staff at food premises can be prosecuted, not just the owner or operator. (Exam questions may include EHO powers but questions about the laws explained below are not included).

Local government (councils)

Enforcement of food safety and labelling law is the responsibility of local governments across the UK, where teams of Environmental Health Officers (EHOs) carry out inspections and investigate complaints relating to food safety and food labelling including the use of allergenic ingredients. There is also some involvement for Trading Standards but we concentrate on EHOs as the main enforcement officials or officers.

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Law guide 1: Food Safety act 1990

The Food Safety Act 1990 made it illegal to include anything in food, remove anything from food or treat food in any way which would make it damaging to the health of those eating it.

Following this act, FSA rules introduced the legal responsibility for all those involved in the production and/or service of food to make ‘all reasonable efforts’ to ensure food is safe to eat and accurately described.

How does this affect you?

  • You are responsible for the safety and integrity of the food you produce and/or serve as a food business team.
  • You must make ‘all reasonable efforts’ to make and keep food safe.
  • Individual food handlers as well as owners and supervisors are liable for prosecution if found to be negligent.

Law guide 2: Food Information for Consumers Regulations (FIC) 1169/2011 (2014)

This law made it compulsory to clearly label food products; identifying allergenic ingredients used in their manufacture. The FIC legislation and FSA guidance name 14 food allergenic ingredients that have to be shown and highlighted in an ingredients declaration panel. When it was introduced, this law was limited to manufacturers but was later extended (Law guide 3).

How does this affect you?

  • Food manufacturers must include an ingredients declaration featuring allergenic ingredients on all pre-packaged foods produced for serving or resale elsewhere.
  • Food businesses (for example, cafes, restaurants, takeaways) must be able to communicate the ingredients of food prepared on site clearly with customers and make available appropriate information on the use of ingredients in dishes.
  • Anyone producing food for sale or service elsewhere is considered a food manufacturer irrespective of the size of operation, for example making wedding cakes from home.

Law guide 3: Food Information for Consumers FIC (Amendment) (England) Regulations 2019 (2021) referred to as Natasha’s Law

Natasha’s law is an amendment to FIC 1169/2011 (see Law guide 2). It states that all foods prepared for direct sale (PPDS) including those produced on-site for later sale must include the name of the food, a full ingredients declaration, highlighting the 14 named allergenic ingredients directly on the packaging/label.

How does this affect you?

  • You must include an ingredients declaration highlighting allergenic ingredients on all pre-packaged food produced on-site for direct sale.
  • Allergenic ingredients must be emphasised, for instance in bold, italics, coloured text or capital letters.

Law guide 4: Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 also referred to as Distance Selling regulations

This law is concerned with distance selling; that is, any purchase that happens when the customer is not present at the point of order, including takeaway and mail order foods purchased over the phone, online or by text.

How does this affect you?

  • Information on allergenic ingredients used must be supplied at point of purchase/order and at point of delivery.
  • Manufacturers must have processes to allow them to trace, withdraw and recall products and have appropriate temperature control during delivery.

Private claims and prosecutions

The UK has seen a rise in successful private prosecutions and claims for negligence against food businesses and their staff for failing in their duty of care. UK law allows an individual to pursue a private prosecution against an individual working at a food business who fails to pass on important allergy information to colleagues where this results in trauma, physical injury or death. In the eyes of the law, you are responsible for your actions or failure to act.

Professional responsibility

As a food handler, your professional responsibilities include following the training and instructions you are given. Be aware that food allergies and intolerances can be life threatening. Never make assumptions or dismiss queries about allergies and be particularly careful if you’re acting for a vulnerable person or someone who cannot communicate their own needs.

Your professional responsibility also means you should question things that are not as safe as you think they could be. It often takes a fatality to happen before laws, rules or processes are changed, but an alert and well-informed food handler can point out problems and initiate positive change before a situation becomes fatal.

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