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

The following Corporate Crime guidance 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

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 in the magistrates' courts. The requisite law provisions dictate whether an appeal should be made to the First-tier tribunal or to the magistrates court.

The Tribunal deals with appeals against the following decisions of these regulators:

  1. decisions under the Fish Labelling Regulations 2013

  2. decisions under the Fruit Juices and Fruit Nectars (England) Regulations 2013

  3. decisions under the Food Information Regulations 2014

  4. decisions under the Products Containing Meat etc. (England) Regulations 2014

Note that the Tribunal does not deal with complaints about the regulators or appeals against any other regulatory decisions they make. Neither does the Tribunal deal with complaints against the food regulator. Any complaints about the particular food regulator should be dealt with by the regulator itself through its internal complaints procedure.

Appellants have their cases heard by a panel composed of the Tribunal judge and up to two other expert members, all appointed by the