responding to food incidents

food and drink image

 

The Food Standards Agency has recently updated its guidance documents on how to respond to food incidents. These provide advice on the roles and responsibilities of businesses, local authorities, port authorities and the FSA in relation to food incidents and include a protocol for Agency staff.

 

A food incident is when there are concerns about actual or suspected threats to the safety or the quality of food, including when food does not meet legal requirements.

 

Food businesses are responsible for ensuring that the food they produce, import, pack, transport, store or sell is safe and are prohibited from placing unsafe food on the market. A food is considered to be unsafe if it is either injurious to health or unfit for human consumption. A food may also be unsafe if it does not comply with specific legislation, such as regulations relating to contaminants or pesticides.

 

If a food business considers or has reason to believe that one of its food products does not meet the food safety requirements, it must immediately initiate a withdrawal or, if necessary, a recall. A withdrawal is where the food has not yet reached the consumer and is removed from the supply chain. A recall involves asking consumers to return the product to the place of purchase or destroy it.

 

As will as ordering a withdrawal/recall, the food business is also legally required to inform their local authority, port health authority and the Food Standards Agency.

 

Where there is no food safety issue, but where a product does not meet food standards requirements, such as labelling or quality issues, the food business should also consider withdrawing the product to avoid being prosecuted for breach of the relevant food standards legislation.

 

contact us icon For more information, please contact Jane Hanney, food law specialist in Blake Lapthorn's Business Regulatory team on 023 8090 8090 or email jane.hanney@bllaw.co.uk.