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What is the law on businesses reporting food-related incidents?

By: Maksiv Konta

The FSA defines food incidents as: "Any event, where, based on the information available, there are concerns about actual or suspected threats to the safety or quality of food or feed that could require intervention to protect consumers' interests".

There is an online system whereby your business can report any food-related incidents. Your business will need to register in order to use the system. If you need to report a food-related fraud, this requires a different procedure. Any reports of potential food labelling fraud will be covered by the Public Interest Disclosure Act 1998. If you report an incident, this Act will protect you from any adverse action that could be taken against you by your employer or any other organisations. You can consult a solicitor for legal advice before reporting a fraud if you want to make sure of your rights in this area.

Some food-related incidents will also trigger a food alert that the FSA issues. There are two types of alert your business needs to be aware of. The first is a ‘for action’ alert that means you Local Authority will take some action. The second type of alert is a ‘for information’ only alert and informs the public about the food recall. Your solicitor can inform you of the different legal implications for your business with both types of alert.

It is vital that your business keeps the FSA fully informed about any food incidents that do occur to ensure your business is operating within all food regulations. Failure to do so can attract heavy fines. If you have failed to inform the FSA of a food-related incident, or have been issued with a fine, you can contact a commercial solicitor for legal advice. In addition, a commercial solicitor can advise you if any legal action is taken by consumers in relation to the food-related incident.

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