Consumer Law Module CST 107

Consumer Law Modulecst 107

• General Food Regulations (NI) 2004 and Food Hygiene Regulations (NI) 2006 cover food safety and consumer protection.
• Recap of Week 8 includes offences, penalties, and possible defenses under the Food Safety (NI) Order 1991.
• EU Food Safety Regulations place responsibility on food business operators for producing safe food, including clear responsibilities, proportionate controls, and a risk-based approach (farm to fork).
• General Food Regulations 2004 aim to protect human health and consumer interests throughout the entire food production process (from farm to consumer).

Food Business Operator Responsibilities

• Ensure food is safe (not injurious to health or unfit for consumption).
• Ensure labelling, advertising, and presentation of food does not mislead consumers.
• Ability to trace food products, ingredients, and animals by identifying suppliers and buyers with details available on demand (traceability).
• Withdraw unsafe food from the market and inform authorities (e.g., Food Standards Agency and local councils) about this.
• Provide consumers with reasons for withdrawal when needed (recall unsafe food already supplied).
• Ensure food is not harmful by carefully considering normal conditions of use, health sensitivities of specific consumer groups (such as gluten-free foods), and if the food is unacceptable due to contamination, foreign objects, unacceptable taste/odour or decay/decomposition.

Food Misleading Consumers

• Offences can occur, when statements are untrue, or food pictures are misleading.
• Offences cover correct but misleading information which misleads consumers.
• Misleading information applies to situations involving consumers and other businesses.

Traceability

• Traceability records should be available on demand, including supplier names, addresses, transactions, and delivery dates.
• Food retailers are not required to keep records of individual sales to consumers.
• Traceability follows a food, feed, animal or substance from production through all stages (e.g. processing and distribution).

Withdrawal of Unsafe Food

• Withdraw unsafe food from the market, and notify authorities (Food Standards Agency and local councils).
• If unsafe food has reached consumers, inform them (with details of the reason for withdrawal) and where necessary, recall unsafe food already supplied.

Other Measures for Health Protection

• Withdrawal is the process of removing a food item from the market (includes steps and actions by producers, processors, wholesalers etc).
• Recall is where consumers are advised to return goods.

Penalties

• Non-compliance can result in fines and/or imprisonment in both Crown and Magistrates Courts with various minimums and upper limits.

General Food Regulations (NI) 2004 Summary

• Imported and exported food must meet EU law requirements.
• Food businesses must not offer unsafe or non-compliant food for sale.
• Labelling, advertising, and presenting food should not mislead consumers.
• Record keeping for traceability is important.
• Food businesses have to take appropriate action if food-items are not compliant and inform the authorities.

Implementation of EU Regulations in Northern Ireland

• Food Hygiene Regulations (NI) 2006 are related to the Food Safety Act and address the general requirements for food.
• These regulations cover food hygiene throughout the process from farm to customer.
• Rules are aimed at all food businesses, and apply efficient and proportionate controls.

Food Hygiene Regulations (NI) 2006 Summary

• Food hygiene laws are closely linked to food law.
• These laws establish rules for all food businesses to ensure the safety of food from production to sale to consumers.