The Statutory Framework
Food safety law in England is governed by a combination of primary legislation and specific regulations. The principal statutes are the Food Safety Act 1990, the General Food Regulations 2004, and the Food Hygiene (England) Regulations 2006. Prosecutions are most commonly brought by local authority environmental health officers or the Food Standards Agency (FSA), and can result in unlimited fines, closure orders, and in serious cases, imprisonment.
Any business operating within the food sector — from importers and manufacturers to retailers and caterers — is required to comply with these provisions. The obligations apply to both the business entity and, in appropriate cases, to individual managers and employees.
Primary Offences Under the Food Safety Act 1990
Section 7 — Rendering Food Injurious to Health
It is an offence to render food injurious to health with the intent that it be sold for human consumption. This includes adding harmful substances, using unsafe ingredients, or subjecting food to processes — such as inadequate heating or cooling — that make it dangerous.
Section 14 — Selling Food Not of the Nature, Substance or Quality Demanded
This offence is committed where food is sold to a purchaser's prejudice that is not of the nature, substance, or quality demanded. Common examples include substituting ingredients with cheaper alternatives, misdescribing the composition of a product, or selling food containing unexpected contaminants.
Section 15 — Falsely Describing or Presenting Food
It is a criminal offence to falsely describe, advertise, or present food in a way that is misleading as to its nature, substance, or quality. This offence covers both labelling and verbal or promotional representations.
The Due Diligence Defence — Section 21
The due diligence defence under section 21 of the Food Safety Act 1990 is the most important tool available to a food business facing prosecution. To succeed, the business must prove that it took all reasonable precautions and exercised all due diligence to avoid the commission of the offence, whether by itself or by a person under its control.
In practice, this requires the business to demonstrate that it had a robust, documented food safety management system in place — typically based on HACCP principles — and that it regularly audited and enforced that system. Training records, temperature logs, supplier audits, and complaint handling records are all relevant to establishing this defence.
Enforcement and Investigation
Investigations are conducted by local authority environmental health officers or the Food Standards Agency. Officers have powers to enter premises, inspect records, take samples, and seize food or equipment. A Hygiene Emergency Prohibition Order can be obtained from a Magistrates' Court where there is an imminent risk to public health, effectively closing the business immediately.
The decision to prosecute is subject to the evidential and public interest tests. Where a business has taken proactive steps to identify and address a problem, representations made to the investigating authority before a prosecution decision is taken can influence whether the matter is resolved by civil sanction rather than criminal charge.
Consequences of Conviction
Conviction under the Food Safety Act 1990 or associated regulations can result in an unlimited fine, a prohibition order preventing the business from operating, and in serious cases a custodial sentence. A conviction may also affect the business's Food Hygiene Rating, which is publicly displayed and directly affects consumer confidence.
What to Do if You Are Under Investigation
If you have been contacted by environmental health officers, have received a notice of intended prosecution, or are facing a Hygiene Emergency Prohibition Order, seek specialist legal advice immediately. Where a breach has occurred, the strength of the due diligence defence will depend on the quality of documentation and records available. Gathering and preserving those records at the earliest opportunity is an important first step.