FOOD LEGISLATION AND SAFETY

New legislation

New EU (European Union legislation was applied in the UK from January 2006) which sets out more clearly the duty of food business operators to produce food safely. General hygiene requirements for all food businesses were laid down in EU Regulation 852/2004 and these are now enforced by new Food Hygiene Regulations 2005/2006 in England, Scotland, Wales and Northern Ireland.

A summary of the requirements of the new legislation is given below. However, you should contact your local authority for more definitive guidance on how the legislation affects your business.

Registering your food operation

New food operations must be registered with their local authority 28 days prior to commencing trading. Once registered, food business operators must notify their authority of any changes to the business such as a change to the food business operator or major changes to the food operations. If you are taking over a pub food operation, you should notify your local authority as soon as possible and in any event no later than 28 days after the change.

Food safety management – HACCP

Food businesses are required to put in place procedures which manage food safety within their establishment based on HACCP principles. HACCP stands for ‘Hazard Analysis and Critical Control Point’, and is a structured approach which enables food operations to:

• Analyse potential hazards.
• Identify the points in the operation where hazards may occur.
• Decide which are critical to consumer safety.

These are critical control points (CCPs), which are monitored and remedial action (specified in advance) is taken if conditions are not within safe limits.

A hazard is anything that can harm the consumer, and can be physical, chemical or microbiological.

The HACCP process involves:

• 1Appointing people responsible for the HACCP process.
• 2Drawing up a flow chart of all aspects of food handling and preparation, from raw materials through processing and storage to consumption.
• 3Identifying hazards and working out CCPs.
• 4Recommending monitoring and control measures.
• 5Implementing controls at the CCPs.
• 6Reviewing.

Guidance on setting up HACCP procedures

Though the HACCP procedures, and food legislation as a whole, sound a little daunting, there are some excellent sources of guidance freely available, which make the task much more straightforward.

An excellent free guide called CookSafe is available on line at: www.food.gov.uk/foodindustry/hygiene/cooksafe/ The complete guide can be downloaded as a large pdf document (1.17MB) or you can simply view sections on-line and print off the parts that you require.

Another good free guide called Safer Food, Better Business, developed by the Food Standards Agency, is available on line at: www.food.gov.uk/ foodindustry/hygiene/sfbb/ or you can order a hard copy by telephoning 0845 606 0667.

Training requirements

Anyone handling food must receive appropriate supervision and be instructed and/or trained in food hygiene in order to handle food safely. Those responsible for your HACCP procedures must also receive adequate training. There is no legal requirement to attend a formal training course or get a qualification, but you may prefer that you and your staff do so.

Rules about premises

Food premises must:

• Meet the regulations.
• Be suitable for the purpose of your business.
• Allow you to prepare food safely.

Premises must be designed and built in a way that enables you to keep them clean and hygienic, and keep out pests like rats and flies.

Specific rules apply to any areas where food is prepared:

• Floors must be in a sound condition, easy to clean and, where necessary, to disinfect. In practice, this means that they should be made of materials that are impervious, non-absorbent, washable and non-toxic.
• Walls must be in a sound condition, easy to clean and, where necessary, to disinfect. In practice, this means a smooth surface, which is impervious, non-absorbent, washable and non-toxic.
• Ceilings should be constructed in a way which prevents the build-up of condensation, dirt and moulds, and be free from flaking particles.
• Surfaces (including surfaces of equipment), and in particular those in contact with food, are to be maintained in a sound condition, and be easy to clean and, where necessary, to disinfect. This requires the use of smooth, washable, corrosion-resistant, and non-toxic materials.
• Windows which can be opened to the outside, must be fitted with insect-proof screens that can be easily be removed for cleaning.
• There must be adequate facilities for cleaning equipment and disinfecting other utensils, and they must be supplied with hot and cold water.
• There must be separate facilities for washing food, if unwrapped food is handled during your food operation (not the same as those used for cleaning equipment and utensils), and they must be supplied with hot and/or cold water of drinking quality.

Other considerations:

• Your premises must have washbasins for staff to wash their hands (separate from sinks used to wash food or equipment and utensils). These should be supplied with hot and cold running water, and soap and materials for drying hands hygienically such as disposable towels.
• Lavatories are to be available for staff use and these should not open directly into areas where food is prepared.
• Changing facilities should be provided for staff to change their clothes where necessary.
• The premises must have adequate lighting, ventilation and drainage.
• Cleaning agents and disinfectants are not to be stored in areas where food is handled.

Personal hygiene

Legislation states that ‘every person working in a food-handling area is required to maintain a high degree of personal cleanliness and is to wear suitable clean and where necessary, protective clothing’. Good practice includes the following:

Personal cleanliness

• Hands should be washed thoroughly:
  • — before starting work;
  • — before handling food;
  • — after using the toilet;
  • — after handling raw foods or waste;
  • — after every break;
  • — after eating and drinking;
  • — after cleaning;
  • — after blowing your nose.
• Hair should be tied back and preferably covered.
• Food handlers should not sneeze or cough over food.
• Food handlers should not smoke in a food preparation area.
• Cuts and sores should be covered with a waterproof (preferably highly visible) dressing.
• Jewellery should be kept to a minimum when preparing and handling food (a plain wedding ring and sleeper earrings are acceptable).

Clothing

• All staff working in the food preparation area should wear suitable, clean clothing.
• Clothing should be kept clean and should be changed and laundered regularly in order to protect the food being prepared.

Illness

Legislation also prohibits anyone suffering from, or carrying a disease likely to be transmitted through food, or anyone with infected wounds, skin infections, sores, or diarrhoea, from handling or entering any food-handling area if there is any likelihood of contamination.

There is a requirement to report illness that may present a hazard to food safety, and to exclude people from food handling duties where there is any likelihood of causing contamination of food.

It is good practice to encourage staff to report if anyone in their household is suffering from diarrhoea, stomach upset or vomiting.

Food handlers suffering from any of the complaints listed above must be excluded from food handling until they have fully recovered. The law puts the responsibility on employers to satisfy themselves that no food handler poses a risk to food safety.

Food temperature requirements

Keeping food at an incorrect temperature is one of the major causes of food poisoning. This is because harmful bacteria are present in many types of food and these tend to multiply rapidly at room temperature. Safe practices must be adopted in order to minimise the risk they pose. The key actions are:

• 1To destroy or reduce the numbers of harmful bacteria, by cooking or re-heating.
• 2To control their growth by keeping food hot or cold.

Your kitchen equipment should include good quality (and regularly tested) food probes that you can use to test the core temperature of your food. These can be purchased from most catering equipment suppliers.

In catering operations, the following practices are recommended to keep food safe: