Week 9 Consumer Law ModuleCST 107 PDF

CONSUMER LAW MODULECST 107 GENERAL FOOD REGULATIONS (NI) 2004 / FOOD HYGIENE REGULATIONS (NI) 2006 WEEK 9 DR SINÉAD FUREY LEARNING OBJECTIVE Understand and discuss the main food safety and consumer protection afforded by the General Food Regulations (NI) 2004 / Food Hygiene Reg...

CONSUMER LAW MODULECST 107 GENERAL FOOD REGULATIONS (NI) 2004 / FOOD HYGIENE REGULATIONS (NI) 2006 WEEK 9 DR SINÉAD FUREY LEARNING OBJECTIVE Understand and discuss the main food safety and consumer protection afforded by the General Food Regulations (NI) 2004 / Food Hygiene Regulations (NI) 2006. RECAP OF WEEK 8 What are the main offences created under the Food Safety (NI) Order, 1991? What penalties may be imposed? What defences are possible? PRINCIPLES OF THE EU FOOD SAFETY REGULATIONS Responsibility for producing food safely to rest with ‘food business operators’ o clear responsibilities laid down o proportionate effective controls o risk-based approach o farm to fork GENERAL FOOD REGULATIONS, 2004 Principal aim: protect human health and consumers’ interests in relation to food. Applies to all stages of production, processing and distribution of food and feed GENERAL FOOD REGULATIONS, 2004 Food business operators’ responsibilities: Ensure food is not unsafe (injurious to health or unfit for human consumption) Ensure that labelling, advertising and presentation of food does not mislead consumers Ability to identify the businesses or people from whom you have obtained food, ingredients or food-producing animals - and the businesses you have supplied with food products - and produce this information on demand, ie traceability Withdraw unsafe food from the market and inform the authorities (Food Standards Agency and local councils) of this Where unsafe food may have reached the consumer, inform the consumers of the reason for the withdrawal and, if necessary, recall from consumers unsafe food already supplied to them when other measures are not sufficient to achieve a high level of health protection. ENSURE FOOD IS NOT UNSAFE (INJURIOUS TO HEALTH OR UNFIT FOR HUMAN CONSUMPTION Factors to be taken into account (injurious): o The normal conditions of use of the food, such as cooking, should be taken into account. o The particular health sensitivities of specific categories of consumers where the food is intended for that category of consumers (eg) gluten- free foods. Factors to be taken into account (unfit): o The central concept of unfitness is unacceptability. o Food can be rendered unfit through contamination, foreign objects, unacceptable taste or odour, or decay/decomposition. ENSURE THAT LABELLING, ADVERTISING AND PRESENTATION OF FOOD DOES NOT MISLEAD CONSUMERS offence may occur when statements are untrue or pictures of food are presented in a misleading way. The offence also covers material that is correct but given such emphasis that the purchaser is led to the wrong conclusion. Applies both to where consumers and other businesses are misled. ABILITY TO IDENTIFY THE BUSINESSES YOU HAVE BOUGHT FROM OR SUPPLIED TO - AND PRODUCE THIS INFORMATION ON DEMAND, IE TRACEABILITY Traceability records must be available on demand and should include name and address of the supplier and transaction and delivery dates. Food retailers are not required to keep records of sales to the final consumer. TRACEABILITY The ability to trace and follow a food, feed, food producing animal or substance intended to be, or expected to be incorporated into a food or feed, through all stages of production, processing and distribution. WITHDRAW UNSAFE FOOD FROM THE MARKET AND INFORM THE AUTHORITIES (FOOD STANDARDS AGENCY AND LOCAL COUNCILS) OF THIS Recall, withdraw, notify and collaborate WHERE UNSAFE FOOD MAY HAVE REACHED THE CONSUMER, INFORM THE CONSUMERS OF THE REASON FOR THE WITHDRAWAL AND, IF NECESSARY, RECALL FROM CONSUMERS UNSAFE FOOD ALREADY SUPPLIED TO THEM WHEN OTHER MEASURES ARE NOT SUFFICIENT TO ACHIEVE A HIGH LEVEL OF HEALTH PROTECTION WITHDRAWAL, RECALL, AND NOTIFICATION OF FOOD Withdrawal: the process by which a food is removed from the market up to and including the retail stage, and including action by food producers, packers, distributors, wholesalers and retailers, as appropriate. Recall: the process by which consumers are advised, for example, by means of public notices and other publicity, to return food supplied to them. PENALTIES FOR NON-COMPLIANCE ▪ Conviction in a Crown Court: a fine or imprisonment for a term not exceeding two years, or both; OR ▪ Conviction in a Magistrates Court: a fine or imprisonment for a term not exceeding six months, or both. General Food Regulations (NI) 2004 Summary ▪ Imported and exported food must comply with EU food law requirements ▪ Food that is injurious to health or unfit for human consumption shall not be placed on the market. ▪ Labelling, advertising and presentation of food must not mislead consumers. ▪ Food business operators must keep traceability records for food ▪ Food business operators must withdraw food which is non- compliant with food safety requirements and recall the food if it has reached the consumer (and notify the competent authorities: local Council and Food Standards Agency). Retailers and distributors must help with the withdrawal of unsafe food and communicate information necessary to trace it. ▪ is a criminal offence to breach these Regulations. ▪ Penalties include conviction in a Crown Court: a fine or imprisonment for a term not exceeding two years, or both; OR  conviction in a Magistrates Court: a fine or imprisonment for a term not exceeding six months, or both. IMPLEMENTATION OF EU REGULATIONS IN NI The Food Hygiene Regulations (NI), 2006. Code of Practice and Practice guidance Industry sector specific guides FOOD HYGIENE REGULATIONS (NI), 2006 Made under the European Communities Act Presumption that food is intended for human consumption Enforcement responsibilities defined Enforcement options outlinedhygiene improvement noticeshygiene prohibition ordershygiene emergency prohibition - notices & orders THE FOOD HYGIENE REGULATIONS (NORTHERN IRELAND) 2006 Applies to high-risk foods Cold foods- store below 8oC Hot foods – store above 63oC During service :- Cold food max 4hrs at room temperature then discard or refrigerate Hot food maximum 2 hrs at room temperature FOOD HYGIENE REGULATIONS (NI), 2006 Procurement and analysis of samples Powers of entry Obstruction of Officers Offences and Penalties Rights of appeal Protection of Officers acting in good faith FOOD HYGIENE REGULATIONS (NI) 2006SUMMARY Closely related to the legislation on the general requirements and principles of food law. Lays down the rules for all food businesses, applying effective and proportionate controls throughout the food chain, from primary production to sale or supply to the food consumers.