A food business is any undertaking in which food or drink is sold or supplied for human consumption, whether carried out for profit or not. This includes cafes, restaurants, public houses, factories, takeaways, mobile retailers, retail shops, market stalls, hotels, caterers, etc.

Proprietors must ensure that the premise in which a food business is situated is constructed to a reasonable standard, and it is operated and maintained at that standard.

It is important to remember that although many duties can be delegated out to staff, the ultimate responsibility for ensuring that the business is conducted in accordance with the law lies with the proprietor.

Proprietors must ensure that you prepare, store, display, distribute or sell is of good quality, and free from any harmful bacteria, chemical contents or foreign material.

Legislation

The Food Safety Act 1990
This is the major piece of legislation governing the safety of food. It creates a number of offences such as selling unfit food, and provides various powers under which Environmental Health Officers and Food Technicians may take action. The Act incorporates the concept of 'due diligence' which on one hand places a duty of care on the proprietors of food businesses and on the other may be used as a defence against prosecution.

The Trading Standards Services
Trading Standards Officers enforce certain sections of this Act, particularly those sections which relate to the composition, adulteration and labelling of foodstuffs. They also enforce the sections of the Act which control the use of additives and the sections which prevent the contamination of foodstuffs by pesticides or other chemicals. If you need advice on matters relating to trading standards please contact Trading Standards (Lancashire County Council).

The Food Hygiene (England) Regulations 2006
On 1st January 2006 The Food Hygiene(England) Regulations 2006 introduced a requirement on all food businesses to put in place procedures which are based on the principles of Hazard Analysis & Critical Control Points (HACCP). There is a legal requirement on ALL food businesses to provide appropriate documents and records showing how the HACCP principles are being applied. 

The Health and Safety at Work etc. Act 1974
This Act applies to all businesses and imposes a duty on employers and employees to safeguard themselves, other members of staff and customers. Premises must be maintained in a safe condition and work must be carried out in a safe manner. There are also a set of six Health and Safety at work regulations concerning management of workplace safety, standards for staff welfare, work equipment, manual handling, personal protective equipment and display screen equipment.

There has been recent Changes to Food Hygiene Legislation which incorporate a new legal requirement for a documented food safety management system.  If you use Safer Food Better Business you might find you can teach yourself by reading the pack.  See links at the bottom of the page to download this pack.

Registration

You should register your food business at least 28 days before opening. There is no charge for registration but it is a legal requirement that you complete and return the form to notify the Food Safety Team that you intend to operate a food business with Preston City Council boundaries. You may contact us for a registration form to be sent to you, or you may download an Application for Food Business (see bottom of the screen) for completion and return it to the food team.

Food handling

The owner of every catering establishment has a responsibility to ensure that food is prepared and handled in accordance with The Food Safety (England) Regulations 2006.

The food safety team can offer Guidance on Food Handling. There are also a number of training providers in the local area.

Inspections, the law and your business

This page outlines Preston City Council's approach when conducting Inspections to check and enforce legal requirements for food hygiene.

The Food Safety Team carries out food hygiene inspections of food businesses ranging from small retail outlets, caterers, butchers, sandwich bars, dairies, and large manufacturing premises. The Team follows Government Codes of Practice and maintains a quality assurance system to ISO 2000 standard for the inspection service.

Officers have the right to enter and inspect premises at all reasonable hours, except domestic premises where notice will be given. How often routine inspections happen depends on the potential risk posed by the type of business and it's previous record.

Sometimes inspections are carried out following the receipt of consumer and hygiene complaints. Revisits may be necessary to check the completion of works and give advice.

Failures in management

Ensure that you give your staff instruction and/or training in food hygiene matters to a level appropriate to your food business and the activities undertaken. Managing Food Safety in Your Business is key to success.

 

Document links

Document downloads	File Size
Adobe Acrobat Reader is available FREE of charge. You can download it directly from Adobe's website by clicking the link to the right. Once on Adobe's website, follow the instructions on screen to install the latest version of Adobe Acrobat Reader.
Application to operate a food business (PDF)	68KB

Date Updated: 05/06/09