Food Standards Act 1999: Does it affect your restaurant?

The Food Standards Act 1999 established the Food Standards Agency, the government department responsible for ensuring the food we eat is safe and is what it says it is. They are responsible for food safety and food hygiene in England, Wales and Northern Ireland. They work closely with local authorities to ensure that food safety regulations are being adhered to. 

What was the purpose of the Food Standards Act 1999?

The primary purpose of the Food Standards Act 1999 was to create the Food Standards Agency, a government organisation that has the main objective “to protect public health from risks which may arise in connection with the consumption of food … and otherwise to protect the interests of consumers in relation to food”.

The Agency is able to:

  • develop policies relating to food related matters
  • assist public authority bodies to develop policies relating to food safety
  • provide advice, information and assistance to any public authority relating to food safety and hygiene
  • provide information and advice to the general public
  • monitor developments in science, technology and related fields relating to food
  • commission and carry out research into food safety and hygiene

What is included in the Act?

The framework introduced in the act covers various stages of the food supply chain, detailing the regulations as well as who is responsible for the enforcement and compliance with said regulations. The act set out that all types of business that serves food and drink bear the responsibility to ensure:

  • nothing is added, removed or treated to food that would make it damaging to health
  • that food is served / sold true to the nature of the substance or quality that the customer would expect
  • all food is correctly labelled and advertised in a way that is not false or misleading

Why was the Food Standards Agency set up?

In the late 1990s there were several high-profile outbreaks and deaths from foodborne diseases and illnesses. The decision was made that it was inappropriate to have one government department, the Ministry of Agriculture, Fisheries and Food overseeing both the farming and consumption of food. 

From the offset, the Food Standards Agency has maintained full transparency and independence. All decisions regarding food policy are made in open board meetings accessible to the public, in which members of the public can request questions to be asked of the executive board.

Food Hygiene Rating Scheme

The Food Standards Agency are responsible for the management of the Food Hygiene Rating Scheme. introduced to help diners choose restaurants with a clear understanding of the hygiene standards. 

Hospitality businesses are inspected by a food safety officer from the local authority. It is their responsibility to check that all food hygiene laws are followed so that the food is safe to eat. The food safety officer will give the restaurant a food hygiene rating and the FHRS sticker to display. The hygiene scores are as follows:

  • 5 – hygiene standards are very good
  • 4 – hygiene standards are good
  • 3 – hygiene standards are generally satisfactory
  • 2 – some improvement is necessary
  • 1 – major improvement is necessary
  • 0 – urgent improvement is necessary

There are three key areas being inspected by the officer:

  1. How hygienically the food is being handled – from preparation to cooking, reheating, cooling and stored
  2. The physical condition of the business including the cleanliness, layout, lighting, ventilation and pest control
  3. How food safety is managed, such as the processes, training and systems in place to ensure good hygiene is maintained

How often are restaurants inspected for food hygiene?

This will vary from local authority to local authority, but generally the frequency of the inspections will depend upon the potential risk to the public. This risk assessment considers the type of food being handled, the number and type of customers, the food preparation service and the current hygiene standards at the previous inspection. Lower risk businesses could be inspected every two years, whereas a higher risk business could be every six months.

What happens if you get a low Food Hygiene Rating?

A low food hygiene rating indicates that urgent or major improvements must be made to your food hygiene practices. The authority hold several enforcement powers, including shutting down your restaurant. They will also provide detailed advice and guidance to help you implement the improvements. The food safety office will indicate the timeline to which you must make the hygiene improvements, depending on the severity of the issues. 

Food and You 2

‘Food and You 2’ is a study published by the Food Standards Agency that measures the consumer knowledge, attitudes and behaviours relating to food amongst adults in England, Wales and Northern Ireland. Key findings cover:

  • the foods you can trust
  • any concerns about food
  • general food security
  • both restaurants and takeaways
  • allergies, intolerances and hypersensitivities
  • eating at home
  • trends and issues

Food compliance

Staying compliant with food hygiene regulations is vital for restaurants. Consider speaking to a hospitality consultant should your restaurant require specialised guidance to help you keep your diners safe.