Food law and enforcement

The Food Standards Agency (FSA) works with local council environmental health officers and the Department of Agriculture, Environment and Rural Affairs (DAERA) to ensure food and animal feed law is applied consistently across the food chain. This relationship is set out in the Framework Agreement.

The Framework Agreement

The Framework Agreement allows the FSA to monitor and guide local council enforcement of food law. It provides for:

• local council service plans
• agreed enforcement standards
• enhanced data monitoring
• audit arrangements to identify possible improvements

Local councils must follow the Food Law Code of Practice. In Northern Ireland, DAERA is responsible for enforcing Feed Law Enforcement guidance and official controls.

Powers of local enforcement officers

Local enforcement officers have wide powers to protect public health. These powers can be used to prevent risks from escalating and deal with serious breaches.

Local enforcement officers can:

• inspect any stage of food production, manufacturing, distribution and retail
• enter premises and seize and detain foods
• take food samples for testing to ensure compliance
• take action against businesses that do not comply with food law

Local authorities also investigate food complaints and can issue:

• warnings
• improvement notices
• remedial action notices
• prohibition notices

Most enforcement action begins with advice or improvement notices. Prosecution is generally reserved for serious breaches, repeated non-compliance or where there is a significant risk to public health. The courts can impose heavy penalties for not complying with food laws, including closing the business if conditions are particularly bad.