THINKING OF STARTING A NEW FOOD BUSINESS?
Food and the Law
Running any food business means that you have a particular responsibility to keep food clean and safe. All food premises, staff and working practices must comply with the following legislation :-
- The Food Safety Act 1990
- Regulation (EC) No. 852/2004
- The Food Hygiene (England) Regulations 2006
- Health & Safety at Work Act 1974 and regulations made under them.
Planning Permission
The use of any premises (including domestic) for food business purposes may be construed as a change of use and you are advised to seek the views of the Council's
Planning Department.
Registration
Any food business is legally required to register the business with this local authority 28 days before starting to trade. Registration cannot be refused and is free. However failure to register your food business is an offence. Registration simply involves completing a form. To Download a form see webpage "Food Business Registration" The purpose of registration is to allow an officer from EHDC's Environmental Health Service time to visit the premises before it opens to ensure that the methods of food handling, facilities and structure fully comply with the law.
Food Hygiene Training
The level of training that food handlers require will depend upon the nature of the business. Generally, if open high risk food is being handled, i.e. preparation of sandwiches, cooking of meats etc, then Level 2 in Food Safety in Catering will be required. It is always recommended that this is obtained before you begin trading.
Documented Food Safety Management System - You are required to document how you manage food safely using "HACCP principles" See HACCP and See Safer Food Better Business.
Late Night Opening
A premises providing late night refreshment between 11pm and 5am requires a Premises Licence, unless it qualifies for an exemption. Late night refreshment is hot food or hot drink.
A licence is not required in certain circumstances such as a hotel serving a late night refreshment to a person staying at the hotel or a recognised club serving a late night refreshment to one of its members.
For further information and application forms please telephone the Licensing Department on : 01730 234094.
Street Trading
Businesses that trade from vehicles, trailers, or stalls may need a Street Trading Licence. You should contact this department for information. You must also seek advice from the Highways Department at Hampshire County Council (01730 266411) if you wish to trade in any layby.
Meat, Dairy, Poultry, Fish & Egg Products
Food businesses must obtain an official approval certificate from this department before they start operating if they produce, process or export foods containing meat, poultry, dairy and egg products if they are to be sold in a retail shop. If you think that this may apply to you please contact the Food Safety Team on 01730 234307
What the Regulations Say
Regulation (EC) No. 852/2004 set out the basic hygiene requirements that food businesses must follow.
The Regulations require proprietors to identify food safety hazards and risks relevant to their business , and to put in place procedures to prevent problems. They also now require proprietors to document arrangements for making sure that food sold to customers is safe.
Under the Regulations, food premises must:
- be clean and maintained in good repair
- be designed and constructed to permit good hygiene practices
- have an adequate supply of potable water
- be designed to prohibit entry of pests
- have adequate lighting and ventilation
- have adequate hand washing facilities and facilities for washing food and equipment, (sinks with hot and cold water)
- have surfaces, (walls, floors, preparation areas, doors etc) which are easy to clean and disinfect
- have adequate facilities for the storage and removal of food waste
Also See: Golden Rules for Safe Food
HEALTH AND SAFETY
Electrical Safety
- Any electrical services provided by the caterer must comply with BS7671 the standard for Electrical Systems.
- Trailing cables must be avoided.
- Adequate numbers of socket outlets must be provided to prevent over-loading. Multi-socket blocks should be used in preference to adapters.
- All outdoor electrical systems must be constructed to provide adequate protection against water, dust and damp. In addition suitable and properly maintained residual current devices (RDCs) should be used.
- Any generators and fuel must be suitably secured and fenced to prevent unauthorised access.
Liquid Petroleum Gas (LPG)
- LPG used for heating, cooking or lighting must be of a fixed type installation with cylinders stored outside the stall, vehicle or building and the gas piped through securely fixed metal or armoured flexible piping.
- Cylinders must be secured in an upright position and all connections should be maintained by a qualified and competent person.
- Only the minimum amount of LPG for the daily operation of the unit should be stored on site. Cylinders must be stored in the open away from any fixed or temporary source of ignition, protected against unauthorised interference and accidental leakage, and with suitable hazard warning signs. The storage must not be in the immediate vicinity of the entrance or exit.
- Persons involved in handling and using LPG must have training in emergency procedures, changing and handling of LPG cylinders.
First Aid
A first aid kit to the approved standard for commercial use must be provided and maintained. The adequacy and provision of first aid will need to be assessed and will depend on the circumstances of the workplace or event.
Fire Precautions
An assessment must be made and adequate and appropriate fire extinguishers provided and maintained. Staff must be trained in procedures for serious and imminent danger, which includes fire.
Further Information:
If you would like any further information on this or any other food safety matter please contact:
The Food Safety Team: Tel: (01730) 266551
The Health & Safety Team Tel: (01730) 266551 Fax: (01730) 234330
Or email us on: ehealth@easthants.gov.uk