Decision to prosecute for Food Safety Act 1990 offences
Decision to prosecute for Food Safety Act 1990 offences

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

  • Decision to prosecute for Food Safety Act 1990 offences

A local authority may use a variety of means to ensure businesses meet their responsibilities under the Food Safety Act 1990 (FSA 1990) and Codes of Practice including education, advice, guidance, warning letters, improvement and emergency prohibition notices, formal cautions and prosecution.

See Practice Note: Alternatives to prosecution for adults.

The enforcement option used will depend on the risk to public health. Prohibition notices and prosecution will be reserved for those cases where there is imminent risk of injury to health in respect of premises, a piece of equipment or a process, or where there has otherwise been a serious breach of the food business’s obligations.

Prosecution may be considered as an alternative, in addition to, or as a consequence of failure to comply with enforcement procedures. The Local Authority should devise an approach to enforcement in accordance with their responsibilities under FSA 1990 and the specific guidance