Food safety and hygiene offences

Food Safety Act 1990 offences

Every London borough council, district council or non-metropolitan county council is the 'food authority' for the purposes of enforcing the powers and duties under the Food Safety Act 1990 (FSA 1990). By FSA 1990, s 34, an offence under FSA 1990, ss 7, 14 and 15 may only be prosecuted within three years of the commission of the offence or within one year after its discovery by the prosecutor, whichever is earlier.

Under FSA 1990, s 7 it is an offence to make food to be sold for human consumption which could cause injury to a person's health. This offence is an either-way offence and can be tried in the magistrates' court or Crown Court.

It is an offence under FSA 1990, s 14 to sell food which is not of the nature or substance or quality demanded. This is an either-way offence.

It is an offence under FSA 1990, s 15 to sell, offer or expose for sale food with a label which falsely describes the food or is likely to mislead the purchaser

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