Module 5 · Legal duties and enforcement
Legal duties and enforcement
Lesson 10 of 10 · about 2 minutes
In England, allergen rules are in the Food Information Regulations 2014. Wales, Scotland and Northern Ireland have their own equivalent regulations. Wider food law also applies: the Food Safety Act 1990 in Great Britain and the Food Safety (Northern Ireland) Order 1991. Food must be safe, and it must not be described in a misleading way.
The duty depends on how food is sold. Prepacked food needs full labelling, with allergens emphasised in the ingredients list. Food prepacked for direct sale (PPDS) needs the name of the food and a full ingredients list with allergens emphasised. This is Natasha's Law. Non-prepacked food needs allergen information to be available. Distance selling needs allergen information before purchase and on delivery.
Businesses must also manage allergens when they make and serve food, and make sure staff are trained on allergens. No law requires a specific certificate. Your employer decides what training your role needs. This course gives you a private certificate of completion. It does not make a business compliant by itself.
Local authority officers enforce these rules. In Northern Ireland this is done by district councils. Officers may give advice first. If that advice is not followed, they can serve an improvement notice. FSA guidance says a business has 14 days from the date of the notice to appeal, and that not meeting the notice can lead to a penalty.
Some failures go further. Not giving allergen information can lead to prosecution without an improvement notice. The FSA's technical guidance for England, Wales and Northern Ireland warns of a potentially unlimited fine. The business's reputation can also suffer. Worst of all, a customer can be seriously harmed or die.
You have a part to play. Follow the recipe. Use the record. Never guess. Tell your manager about any change, mistake or near miss. Due diligence means taking all reasonable precautions, and these everyday habits are how a business shows it has done so.
Key points
- Duties depend on how food is sold
- Businesses must make sure staff are trained on allergens
- No law requires a specific certificate
- Local authorities enforce the rules
- Prosecution is possible
