Introduction
This article is based on new European legislation which applies to businesses which deal with food. National legislation in England, Scotland and Wales will also affect how you work. The applicable legislation in England is The Food Hygiene (England) Regulations 2006. How the legislation affects you depends on the size and type of your business. New food hygiene laws have applied in the UK since 1 January 2006. They affect all food businesses, including caterers, primary producers (such as farmers), manufacturers, distributors and retailers.
The legislation has been changed to set out more clearly the duty of food businesses to produce food safely and to achieve consistency. The legislation covers the whole food chain from 'farm to fork'.
Which laws are relevant and current?
The new EU food hygiene regulations consolidated seventeen EU measures in the food hygiene area into just two. The revocation of the seventeen measures has removed the duplication and inconsistencies in approach that caused difficulties both for businesses and enforcement authorities.
The Food Hygiene (England) Regulations 2006 provide the framework for the EU legislation to be enforced in England. There are similar regulations in Wales, Scotland and Northern Ireland. The main new requirement is to have ‘food safety management procedures’ and keep up-to-date records of these.
What has changed?
Article 5 of the EU regulations and therefore the national legislation states that: Food business operators shall put into place, implement and maintain a permanent procedure based on the principles of hazard analysis critical control points (HACCP). The HACCP principles consist of the following:
· Identifying any hazards that must be prevented, eliminated or reduced to acceptable levels
· Identifying the critical control points at the step or steps at which control is essential to prevent or eliminate a hazard or to reduce it to acceptable levels
· Establishing critical limits at critical control points that separate acceptability from unacceptability for the prevention, elimination or reduction of identified hazards
· Establishing and implementing effective monitoring procedures at critical control points
· Establishing corrective actions when monitoring indicates that a critical control point is not under control
· Establishing procedures, which shall be carried out regularly, to verify that the measures outlined in the above paragraphs
· Establishing documents and records commensurate with the nature and size of the food business to demonstrate the effective application of the measures outlined in the above paragraphs.
When any modification is made in the product, process, or any step, food business operators shall review the procedure and make the necessary changes to it.
Do I need to register my business?
Most food businesses will need to register all of their premises with their local authority. Even if your business is not registered, or does not need to be registered, everyone will have to comply with the regulations.
The premises for certain types of businesses need to be approved, rather than registered, including those producing the following foods:
- meat and meat products
- eggs
- milk and dairy products
- fish and fish products
Food business operators whose establishments require approval should approach the relevant local authority.
Training staff
Legislation maintains that:
‘food handlers are supervised and instructed and/or trained in food hygiene matters commensurate with their work activity; that those responsible for the development and maintenance of the HCAPP have received adequate training in the application of the principles, and compliance with any requirement of national law concerning training programmes for persons working in certain food sectors.’
Food handlers must therefore receive appropriate supervision, and be instructed and/or trained in food hygiene, to enable them to handle food safely. Those responsible for developing and maintaining the business’s food safety procedures, based on ‘HACCP’ principles, must have received adequate training. The requirements for training should be seen in the context of the nature and size of the business. There is no legal requirement to attend a formal training course or get a qualification, although many businesses may want their staff to do so. The necessary skills may also be obtained in other ways, such as through on-the-job training, self-study or relevant prior experience. The operator of the food business is responsible for ensuring this happens.
Microbiological criteria of foodstuffs
The Microbiological Criteria for Foodstuffs Regulation has applied since 11 January 2006 and complements the EU food hygiene legislation. Microbiological criteria in current EC legislation have been revised as part of a risk-based approach to food safety. The microbiological criteria can be used by food businesses to validate and verify their food safety management procedures and when assessing the acceptability of foodstuffs, or their manufacturing, handling and distribution processes.
The legislation is structured so it can be applied flexibly in all food businesses, regardless of their type or size. Microbiological criteria should be applied within the framework of procedures based on HACCP principles.
1) Implementation – an example for caterers
How will catering businesses be affected by the new regulations?
Catering businesses will need to have a food safety management system based on the principles of HACCP. They are already required to produce food that is safe to eat, but the new regulations say that catering businesses must be able to show what they do to make food safely – and have this written down.
The type of system they need will depend on the size and type of business. Many small catering businesses will only need a simple system.
What is there to help small catering businesses set up a food safety management system?
Packs will be available to small catering businesses throughout the UK via their local authorities. These have been produced by the FSA in England, Scotland and Northern Ireland, and by local authorities in Wales.
Catering businesses do not have to use any particular pack or model, but they must make sure they have a food safety management system that is suitable for their business. Some businesses will already have a suitable system, so they will not need to introduce a new one.
England - ‘Safer food, better business’, an innovative and practical approach to food safety management, has been developed by the FSA in partnership with small catering businesses and more than 50 local authorities. If you would like to order a hard copy of 'Safer food, better business' call 0845 606 0667 or email foodstandards@ecgroup.uk.com
Wales - Several local authorities have previously developed guidance packs on HACCP for caterers and FSA Wales has encouraged the sharing of these packs throughout Welsh local authorities. Businesses should contact their local authority for more information.
Scotland – FSA Scotland has drawn on expertise from the food industry including small businesses, local authorities and the Scottish Food Advisory Committee to develop a HACCP-based system called ‘CookSafe’. Businesses that would like a copy should contact their local authority.
Northern Ireland – FSA Northern Ireland has produced guidance for the catering sector called ‘Safe Catering’, working with caterers and local authorities. This guidance, which has been developed and refined over a number of years, is widely accepted by the catering sector in Northern Ireland. Businesses should contact their local authority for information.
If you have any questions regarding the packs above, please contact your local authority.
2) Implementation – for farmers
The new EU food hygiene Regulations extend from ‘farm to fork’ and therefore for the first time, include primary producers such as farmers.
How will the new legislation affect farmers and other primary producers?
Where they are not subject to more specific hygiene requirements (that is, for milk and egg production), farmers and other primary producers will need to follow good hygiene practice and manage their operations in a way that controls food safety problems (or ‘hazards’). Most farmers will probably not need to make big changes to how they do things. They will not be required to have a HACCP system.
Primary producers must continue to comply with other legislation, for example on veterinary medicines and pesticides.
Who will be enforcing the food hygiene legislation on farms?
Existing hygiene enforcement provisions in the dairy and egg sector will be maintained throughout the UK.
For other farming sectors, where the new rules apply for the first time, the preferred enforcement bodies to conduct this work were agreed by the Food Standards Agency Board in April 2006. These will be:
- local authorities in England and Wales
- in Scotland, discussions with local authorities and Scottish Executive Environment and Rural Affairs Department (SEERAD) Agriculture Group Staff are continuing
- Department of Agriculture and Rural Development (DARD) in Northern Ireland
When will inspections start and is guidance available to farmers?
The Food Standards Agency is developing guidance with a technical group of UK-wide farming and enforcement experts. This will be made available for public consultation later in the year and the comments received will be used to finalise the guidance before inspections begin. Farmers should continue to maintain good agricultural practices and comply with other legislation.
How often will farms be inspected?
The inspection frequency will initially be based on risk. Past experience suggests that the most serious risks to public health tend to come from livestock products. The Agency is working with enforcers and the farming industry to develop an inspection regime and work was commissioned with ADAS to help inform these discussions. You can read the ADAS report. Initial inspection frequency will be based on perceived risk, with information gathered from other sources, including inspections, to be used to ensure the evolving enforcement regime is based on evidence and is proportionate to risk. The contribution Farm Assurance schemes can make is also being considered.
Meeting inspection requirements
Farmers need to ensure that primary products are free from contamination and that premises and equipment are kept clean. Farmers will need to keep some records and comply with requirements for food chain information.
Do farmers and growers need to be registered under the new rules?
As food businesses, primary producers now have to be registered with the relevant enforcement authority. To avoid duplication, the intention is to use existing forms of farm registration (e.g. the records of Defra and its agencies, the other Agricultural Departments, the Rural Payments Agency, the State Veterinary Service, and local authorities).
A gradual approach is being taken to registration and further information for farmers and growers will be made available as it is developed.
How will the inspection frequency for mixed farms be decided?
For mixed farms, such as pig and arable, the activity associated with the highest risk will determine the frequency of inspection. Discussions are ongoing on how the new regime will complement existing inspections for dairy or egg farms where other farming operations such as arable are also carried out.
Will the legislation apply consistently across the EU?
The hygiene regulations apply to farms in all 25 Europe Union Member States. Primary produce imported into the EU from third countries must also meet EU hygiene rules.
How does the legislation affect the production and use of animal feed?
The new EC Feed Hygiene Regulation (Regulation (EC) 183/2005) will ensure that EC controls on safety are strengthened and applied throughout the animal feed chain.
It applies to virtually all feed businesses that make, use or market animal feed, including most livestock farms and arable farms that grow or sell crops for feed businesses. The Feed Hygiene Regulation will require farmers to comply with general hygiene standards in relation to the feeds they use. Most farms will need to comply with the relevant requirement by 1 January 2008. However, farms that mix feeds containing additives (such as vitamins and trace elements) have been subject to the controls set out in the regulation since 1 January 2006.
A code on feeding food-producing animals, which livestock farmers will also have to follow is set out in Annex III of the Feed Hygiene Regulation.
Net Lawman document templates relevant to this subject:
· HSE Manual (comprehensive version)
· HSE Manual (suitable for a university)
· HSE Manual (suitable for a school)
· More HSE Manuals coming soon
Other Net Lawman articles relevant to this subject:
· Management of Health and Safety at Work
· Asbestos – recent updates
· Noise at work regulations
· Reporting of Injuries, Diseases and Dangerous Occurrences regulations (RIDDOR)
· Control of Substances Hazardous to Health (COSHH)
· Working with Children
· Protective Equipment at work
· Pushing, pulling, lifting and more
Relevant documents:
HSE02 HSE Manual - textile industry
HSE03 HSE Manual - health and hospitality industry
HSE04 HSE Manual - laundry and dry cleaning industry
HSE05 HSE Manual - auto-mechanical industry
HSE06 HSE Manual - footwear and leather industry
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