What is The Food Safety Act 1990?
Food Safety Act 1990: What It Means for Your Business and Staff
The Food Safety Act 1990 is a foundation of food law in Great Britain. It helps protect people against harmful food, misleading descriptions and food that does not meet the standard a purchaser is entitled to expect.
For employers, understanding the legislation is only the starting point. Staff need to know how their everyday decisions affect food safety, from accepting a delivery to preparing a meal and answering an allergen question.
This guide explains the Act’s main responsibilities, how it fits with wider food legislation and how to choose relevant food hygiene training.
Where does the Food Safety Act 1990 apply?
The Act provides the main framework for food legislation in England, Wales and Scotland. Northern Ireland has a corresponding framework under the Food Safety (Northern Ireland) Order 1991.
It is relevant across the food supply chain, including catering, retail and manufacturing. Food provision within organisations such as care homes and schools also needs appropriate controls.
Requirements vary between UK nations. Check the rules applicable to your location and activities rather than assuming every regulation applies identically throughout the UK.
What are the main requirements of the Food Safety Act?
Three important provisions concern harm, the food supplied and the information given about it.
| Provision | What it means | Practical workplace connection |
|---|---|---|
| Section 7: making food injurious to health | Food intended for sale must not be made harmful through adding substances, using ingredients, removing constituents or applying a process or treatment. | Staff need to understand contamination hazards and safe preparation methods. |
| Section 14: food not meeting the purchaser’s requirements | Selling food that differs in its nature, substance or quality from what the purchaser requires, to their prejudice, is an offence. | Check deliveries, specifications and ingredient substitutions. |
| Section 15: misleading descriptions or presentation | Food must not be falsely described or presented in a misleading way. | Keep product descriptions, menus and labels accurate when ingredients change. |
These provisions do not contain every food safety duty. Separate legislation covers matters such as hygiene, traceability and allergen information.
How does the Act fit with other food safety legislation?
Food businesses need to consider the wider legal framework:
- General food law: Regulation 178/2002 addresses unsafe food, traceability and withdrawal or recall.
- Food hygiene legislation: Regulation 852/2004 sets hygiene requirements, including food safety management and staff instruction and training.
- Food information rules: These govern information supplied to consumers, including allergens.
Relevant EU-derived legislation operates as assimilated law in Great Britain. EU food law continues to apply in Northern Ireland under the Windsor Framework, subject to its specific arrangements.
Domestic enforcement rules also differ. For example, England uses the Food Safety and Hygiene (England) Regulations 2013, as amended. Scottish businesses should use Food Standards Scotland guidance alongside the legislation applicable to their activities.
What should staff do in practice?
Translate legal responsibilities into clear instructions for each role. A useful starting point is the four Cs: cleaning, cooking, chilling and preventing cross-contamination.
Staff should understand how to:
- Keep hands, equipment and food preparation areas clean.
- Separate raw food from ready-to-eat food.
- Follow the workplace’s cooking, cooling, storage and reheating procedures.
- Check food dates and storage instructions.
- Report damaged packaging, equipment faults and unsafe practices.
Training should explain what to do when something goes wrong. Recording a failed check is not enough if nobody takes action to protect the food.
Why allergen information needs specific attention
Food businesses must provide information about the presence of the 14 regulated allergens. The method depends on how food is supplied.
Food that qualifies as prepacked for direct sale needs a full ingredients list with allergenic ingredients emphasised. For non-prepacked food, allergen information must also be available. FSA best practice recommends written information supported by a conversation.
Workplace example: A supplier replaces an ingredient with a different brand. Before the next service, the responsible person checks the replacement’s allergen information and updates the relevant records. Staff serving the food use the current information rather than relying on memory.
This is where allergen awareness training connects directly to daily responsibilities.
Is a food hygiene certificate a legal requirement?
Food handlers do not have to hold a particular food hygiene certificate. Employers must ensure staff have appropriate skills, instruction, supervision and training for their work.
Learning can include a course, workplace instruction, self-study and relevant experience. A certificate provides evidence of completed learning, but managers still need to check that staff apply it correctly.
Level 2 training can be a suitable choice for people who prepare or handle food. Supervisors may need broader learning about managing hazards and checking other people’s work. These are training choices based on responsibilities, rather than universal certificate levels specified by the Food Safety Act.
Which food safety training suits your team?
Choose training according to the setting, tasks and level of responsibility. The following Caredemy courses provide relevant starting points.
| Staff or responsibility | Relevant training | Connection to workplace practice |
|---|---|---|
| Catering staff preparing, cooking or serving food | Food Hygiene and Safety for Catering Level 2 | Everyday safe food handling and hygiene. |
| Care home staff involved in food provision | Food Hygiene and Safety for Residential Care Homes Level 2 | Food safety in resident care, including contamination, allergens and temperature control. |
| Healthcare staff handling or serving food | Food Hygiene for Healthcare Level 2 | Storage, cleaning and contamination prevention in healthcare environments. |
| Managers and supervisors overseeing food handlers | Supervising Food Safety Level 3 | Managing hazards, food safety systems and supervisory responsibilities. |
| People developing or maintaining food safety procedures | Food Safety Management: HACCP | Understanding hazard analysis and critical controls. |
| Staff handling allergen information or food requests | Allergen Awareness | Supporting accurate information and safer allergen handling. |
Pair online learning with an induction covering your own equipment, recipes, records and reporting arrangements. A new starter needs to know where your allergen information is kept and who can authorise a substitution.
What is due diligence?
Section 21 provides a due diligence defence for certain offences. Broadly, a person must demonstrate that they took reasonable precautions and exercised due diligence to prevent the offence.
Whether that defence succeeds depends on the facts. A folder of certificates alone does not establish it.
As a practical management approach, retain evidence of training alongside checks, supervision and corrective action. Records should show how food safety was managed in practice.
Source: FSA Food Safety Act business guide, section on due diligence. This older guide explains the defence; current operational guidance should be used for day-to-day requirements.
A practical checklist for managers
Use these questions to identify where procedures or training need attention:
- Have we identified the hazards associated with our food and processes?
- Do our food safety procedures reflect what we actually prepare and serve?
- Can each employee explain the controls relevant to their role?
- Are ingredient and allergen records updated when products change?
- Do staff know when to stop, report a problem and seek guidance?
- Are training records supported by checks of workplace practice?
- Have we assigned responsibility for correcting problems and reviewing procedures?
Food safety management procedures should be based on HACCP principles, with arrangements proportionate to the business. Keep relevant documents current and review procedures when your activities change.
Frequently asked questions
Does the Food Safety Act 1990 still apply?
Yes. It remains part of the food law framework in Great Britain, as amended. It must be read alongside other applicable food safety, hygiene and information legislation.
Does every food handler need Level 2 training?
There is no blanket legal requirement to hold a Level 2 certificate. Training must suit the work. A relevant Level 2 course is a practical option for many staff preparing, cooking and handling food.
Is online food safety training enough?
Online training can support the knowledge staff need. Employers should also provide workplace instructions, appropriate supervision and checks that staff can follow the procedures relevant to their duties.
Can food safety failures lead to closure?
Yes. Enforcement action can include restrictions or closure where the legal conditions are met, and prosecution. The response depends on the risk and circumstances.
Does completing a course guarantee compliance?
No. Training supports compliance, but safe facilities, effective procedures, accurate information and consistent working practices are also needed.
Put food safety knowledge into practice
Start with the responsibilities your staff carry out each day, then choose training that helps them perform those tasks safely.
Explore Caredemy’s food hygiene courses for individual learners, or enquire about Team Training to discuss learning across your organisation.
