Food Safety Act 1990 — What UK Retailers Need to Know
The Food Safety Act 1990 is the cornerstone of UK food safety law. Every retailer that sells food — from major supermarkets to independent corner shops — must comply with its requirements. This guide explains what the Act means for your business in practical terms.
Key Provisions for Retailers
Section 7 — Rendering Food Injurious to Health
It is an offence to sell food that has been rendered injurious to health through addition, removal, or processing. For retailers, this includes selling food that has deteriorated past its safe consumption date.
Section 8 — Selling Food Not Complying with Food Safety Requirements
Food that has been rendered injurious to health, is unfit for human consumption, or is contaminated must not be sold. This is the section most commonly used in prosecutions for selling expired food.
Section 14 — Selling Food Not of the Nature, Substance, or Quality Demanded
Customers expect food to meet certain standards. Selling products that are deteriorated, past their use-by date, or not as described can result in prosecution under this section.
Section 15 — Falsely Describing or Presenting Food
Misleading labelling, including incorrect date labels, falls under this section. Retailers must ensure all date information displayed is accurate.
Penalties and Enforcement
The Food Safety Act provides for both criminal prosecution and administrative enforcement. Local authority Environmental Health Officers and Trading Standards officers enforce the Act.
Penalties include fines of up to £5,000 per offence in Magistrates Court, unlimited fines in Crown Court, and in serious cases, imprisonment for up to two years. Your Food Hygiene Rating can also be lowered, which is publicly visible.
How to Protect Your Business
The best defence under the Food Safety Act is demonstrating due diligence — proving that you took all reasonable steps to prevent the offence. Maintaining systematic expiry date records with ExpGuard provides exactly this documentary evidence.
Learn more: Trading Standards expiry rules | compliance software | passing food safety inspections.
Frequently Asked Questions
What is the Food Safety Act 1990?
The Food Safety Act 1990 is the primary legislation governing food safety in England, Wales, and Scotland. It makes it an offence to sell food that is not of the nature, substance, or quality demanded by the consumer, including food past its use-by date.
What are the penalties under the Food Safety Act?
Offences can result in fines of up to £5,000 per offence in Magistrates Court, or unlimited fines in Crown Court. In serious cases, imprisonment of up to two years is possible.
Does the Act apply to small shops?
Yes. The Food Safety Act applies to all food businesses regardless of size, from large supermarkets to small corner shops, market stalls, and online food sellers.
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