Food Safety Act 1990
The foundational UK food safety legislation
The Food Safety Act 1990 is the primary piece of legislation governing food safety in England, Wales, and Scotland. It provides the framework for all food legislation in the UK, setting out the main offences related to food safety, consumer protection, and food quality. The Act gives local authorities and the Food Standards Agency the powers to enforce food safety law, including the ability to inspect premises, seize unsafe food, and prosecute offenders. It applies to any business involved in the sale, preparation, or supply of food, making it relevant to every hospitality business in the UK.
Key Requirements
Food must not be injurious to health
Section 7 makes it an offence to render food injurious to health by adding any article or substance, using any article or substance as an ingredient, abstracting any constituent, or subjecting food to any process or treatment.
Food must comply with food safety requirements
Under Section 8, food fails to comply with food safety requirements if it has been rendered injurious to health, is unfit for human consumption, or is so contaminated that it would not be reasonable to expect it to be used for human consumption.
Food must be of the nature, substance, or quality demanded
Section 14 makes it an offence to sell food that is not of the nature, substance, or quality demanded by the purchaser. This covers adulteration, substitution, and substandard quality.
Food labelling must not be misleading
Section 15 makes it an offence to falsely or misleadingly describe, advertise, or present food in a way that could deceive the consumer about its nature, substance, or quality.
Due diligence defence
Section 21 provides a defence if the person can show they took all reasonable precautions and exercised all due diligence to avoid committing the offence. This makes documentation and record-keeping critical.
What Your Business Must Do
Implement a food safety management system
Put in place a documented system based on HACCP principles, such as SFBB for smaller businesses or a full HACCP plan for larger operations.
Train all staff in food safety
Ensure every staff member who handles food is trained to a level appropriate to their role. Document all training and keep records.
Maintain traceability records
Keep records of where you source food from and, where applicable, who you supply to. This supports the due diligence defence.
Conduct regular checks and audits
Carry out internal audits, temperature checks, cleaning schedules, and supplier checks to demonstrate due diligence.
Keep accurate food descriptions and labels
Ensure all menus, labels, and marketing materials accurately describe the food you sell, including allergen information.
Cooperate with enforcement officers
Allow EHOs access to inspect premises and records. Obstruction of an authorised officer is itself an offence under the Act.
Penalties for Non-Compliance
Selling food not complying with food safety requirements (Section 8)
Up to 2 years imprisonment and/or an unlimited fine on conviction on indictment. Up to 6 months and/or an unlimited fine on summary conviction.
Selling food not of the nature, substance or quality demanded (Section 14)
Up to an unlimited fine on summary conviction. Magistrates can also impose an improvement notice or prohibition order.
Falsely describing or presenting food (Section 15)
Up to an unlimited fine on summary conviction. Persistent offenders may face prosecution on indictment with up to 2 years imprisonment.
Obstruction of an authorised officer
An unlimited fine on summary conviction. Obstruction can include refusing access or failing to provide documents.
How Paddl Helps
Digital food safety management
Paddl provides SFBB and HACCP tools that document your food safety management system, building your due diligence defence automatically.
Training records and tracking
Track staff food safety training, certificates, and inductions. Get alerts when training needs renewing.
Supplier management
Maintain digital records of all suppliers for full traceability, supporting your due diligence obligations.
Audit-ready documentation
All records are timestamped and stored digitally, ready to present to EHOs during inspections.
Frequently Asked Questions
Does the Food Safety Act 1990 apply to all food businesses?
Yes. The Act applies to any business involved in the sale, preparation, storage, or distribution of food. This includes restaurants, cafes, pubs, hotels, takeaways, food stalls, mobile caterers, and anyone supplying food as part of a business.
What is the due diligence defence?
Section 21 allows a defendant to argue that they took all reasonable precautions and exercised all due diligence to avoid committing the offence. In practice, this means having documented food safety procedures, training records, supplier checks, and monitoring logs.
Has the Food Safety Act 1990 been updated since Brexit?
The Act itself remains in force. EU regulations that were retained in UK law after Brexit (such as Regulation (EC) 852/2004 on food hygiene) continue to apply as retained EU law. The Food Standards Agency continues to enforce standards under this framework.
Can an EHO close my business under this Act?
Yes. Under the Act, an authorised officer can apply for an emergency prohibition order from a magistrates court if they believe there is an imminent risk of injury to health. A hygiene emergency prohibition notice can close a premises immediately pending a court hearing.
Stay compliant with FSA 1990
Paddl makes regulatory compliance simple. Digital records, automated reminders, and audit-ready documentation — all in one platform built for UK hospitality.