Appeals to the First-tier Tribunal—challenging food regulator decisions
Appeals to the First-tier Tribunal—challenging food regulator decisions

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Appeals to the First-tier Tribunal—challenging food regulator decisions
  • Jurisdiction of the First-tier Tribunal to hear challenges to food law decisions
  • Procedure for appeal to the Tribunal
  • Pre-hearing
  • First-tier hearing
  • Appealing a First-tier decision

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak. In particular, the Tribunal Procedure (Coronavirus) (Amendment) Rules 2020, SI 2020/416, temporarily extend the circumstances in which tribunals, including the FTT, may direct that a decision be made without a hearing or a hearing be held in private and must direct that privately held hearings be recorded and the Tribunal Procedure (Amendment) Rules 2020, SI 2020/651 temporarily amend the provisions relating to the access to recordings of remote hearings. Further, the Senior President of Tribunals has issued guidance notes and Pilot Practice Directions for the operation of the tribunals during the COVID-19 pandemic. See: Coronavirus (COVID-19)—key regulator and court guidance for corporate crime practitioners — Tribunals. For updates on key developments and related practical guidance on the implications for lawyers, see: Coronavirus (COVID-19) and the criminal justice system—overview and Coronavirus (COVID-19) toolkit.

Jurisdiction of the First-tier Tribunal to hear challenges to food law decisions

The First-tier Tribunal (General Regulatory Chamber) is the designated tribunal for hearing appeals against food labelling and food improvement notices issued by:

  1. Food Standards Agency (FSA)

  2. Department for Environment, Food and Rural Affairs (Defra)

  3. Local Authority Trading Standards Departments

Note that only challenges to certain food related regulator decisions are heard by the First-tier Tribunal. Other challenges must be brought by way of appeal

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