Consumer Law Module CST 107: Food Safety
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Questions and Answers

What does the Food Safety (Northern Ireland) Order, 1991 provide?

  • Specific guidelines for food labeling in Northern Ireland
  • A comprehensive framework for all food legislation in the region (correct)
  • A detailed description of food-related offenses and punishments
  • A system for monitoring the quality of imported food products
  • What are the main food safety and consumer protection offenses outlined in the Food Safety (NI) Order, 1991?

  • Providing food that is harmful or unsafe to consume (correct)
  • Selling food that is not properly packaged or labeled
  • Failing to maintain proper hygiene standards in food preparation areas
  • Misrepresenting the origin or source of food products
  • What does the term "due diligence" refer to in the context of the Food Safety (NI) Order, 1991?

  • A defense strategy for food companies accused of offenses, demonstrating their commitment to food safety (correct)
  • Practices implemented by food businesses to ensure a safe and hygienic environment
  • Specific guidelines that food businesses must follow to comply with labeling regulations
  • The legal obligation for all food businesses to obtain comprehensive insurance policies
  • The Food Safety (NI) Order, 1991 only applies to food businesses operating within specific regions of Northern Ireland.

    <p>False</p> Signup and view all the answers

    The Food Safety (NI) Order, 1991 explicitly addresses the issue of food fraud and its impact on consumers.

    <p>False</p> Signup and view all the answers

    The Food Safety (NI) Order, 1991 grants authorized officers extensive powers to inspect food premises and take necessary actions to ensure consumer safety.

    <p>True</p> Signup and view all the answers

    The Food Safety (NI) Order, 1991 requires all food businesses to implement a comprehensive Hazard Analysis.

    <p>True</p> Signup and view all the answers

    What does the "cooling-off period" refer to in the context of consumer protection?

    <p>The time frame within which consumers can request a refund for defective products</p> Signup and view all the answers

    Study Notes

    Consumer Law ModuleCST 107: Food Safety (Northern Ireland) Order, 1991

    • Learning Objective: Understand the main food safety and consumer protection afforded by the Food Safety (NI) Order, 1991.
    • Recap of Week 7:
      • Information requirements for distance sales
      • Consequences of missing information
      • Consumer cooling-off period
    • Food Safety Legislation:
      • Protects consumers from illness and harm from unsafe food
    • Food Safety Law:
      • Safe Food: free from contamination, fit for consumption
      • Hygiene: Food premises, equipment, personnel, practices (including temperature control), control of food poisoning
      • Composition, amount and labeling of food
    • Food Safety (Northern Ireland) Order, 1991:
      • Framework for food legislation in Northern Ireland
      • Creates offences related to safety, quality, and labeling of food
      • Applies to all types of food businesses
    • Definition of Food:
      • Any substance or product (processed, partially processed, or unprocessed) intended for human ingestion.
      • Includes drink, chewing gum.

    Food Safety (NI) Order, 1991 continued

    • Food Offences: Rendering food injurious to human health, food must be of the correct nature/substance/quality, food must not be falsely described or presented.
    • Food Business Responsibilities: Ensure food is not harmful, maintain the nature, substance, and quality expected by consumers, ensure food labeling is not false or misleading.

    Rendering Food Harmful to Health

    • Making food harmful:
      • Adding/using substances in food prep
      • Removing constituent parts
      • Subjecting to other processes (whether deliberate or not)

    Food Must Be of the Nature/Substance/Quality Demanded by the Consumer

    • "Nature": Food sold as one thing but is actually another (eg) haddock sold as cod.
    • "Substance": Food contains foreign bodies (eg insects), residues, inadequate composition (eg milk protein).
    • "Quality": Commercial quality issues (eg) stale cake.

    Food Must Not Be Falsely Described or Presented

    • Offences: Statements are untrue or pictures are misleading; correct but misleading emphasis on details for consumers; misleading presentation to other businesses

    Penalties for Non-Compliance

    • Prohibition from using part of the business
    • Fines and legal costs
    • Prison sentence
    • Closure of the business
    • Prohibition from running a food business
    • Criminal record. (Maximum penalties may vary)

    Due Diligence

    • Defence under Food Safety (NI) Order:
    • Balance consumer protection and company rights
    • Company proves it took all reasonable precautions
    • Must demonstrate they did everything within power to safeguard consumer health.

    Burden of Proof

    • Burden on the accused company
    • Needs only to persuade the court they exercised due diligence.

    Accurate Records

    • Evidence of due diligence: HACCP, monitoring records, pest control, cleaning schedules, alternative defences(someone else's fault, other person)

    Alternative Defences

    • Offence through another person's act or default, cases related to advertisements (if no suspicion of any offence)

    Enforcing the Order

    • Authorised officers can: inspect food, enter premises unannounced, detain suspect food, apply to Justice of the Peace, and require information.

    Notices

    • Enforcement Officers Issues: Improvement Notices, Prohibition orders, Emergency Prohibition Notices
    • Summary: Food Safety(NI) Order (1991) requires compliance with food hygiene regulations, environmental health officers have wide-ranging control powers, and it is everybody’s responsibility.

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    Description

    This quiz focuses on the Food Safety (Northern Ireland) Order, 1991, highlighting key information requirements and consumer protections. It covers the importance of safe food, hygiene standards, and the consequences of non-compliance for food businesses. Test your understanding of the frameworks that ensure food safety and consumer rights in Northern Ireland.

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