Understanding the Food Safety Law: Why It Matters and How It Impacts You

1. Food Safety (Jersey) Law 20-- 9 September 2019

2. House keeping

3. Why do we need a new food law? 1966

4. Over to the Maffia

5. Structure of the session • Meanings and definitions • The body of the Law • What’s a food auditor? • HACCP • Notices • Orders • Main changes • How to have your say • Questions and answers

6. Meanings and Definitions

7. Food • Any substance or product, whether processed, partially processed or unprocessed that is intended to be, or reasonably expected to be, ingested by humans. • Food includes; drink, chewing gum, water etc incorporated into food • Food does not include; feed, live animals (unless placed on market as food), plants prior to harvesting, medicinal products, cosmetic products, tobacco and tobacco products, narcotic or psychotropic substances

8. Premises and Commercial Operation Premises • Any place, vehicle, stall or immovable structure • Any home-going ship • Currently includes a 48 hour trip limit • Any ship or aircraft not exempt • Reviewing this area to follow similar principles to fisheries legislation

9. Commercial Operation • Placing on the market, exposing or advertising for sale • Consigning, delivering or serving by way of sale • Preparing for sale or presenting, labelling or wrapping for the purpose of the sale • Storing or transporting for the purpose of sale • Importing or exporting Includes any stage arranged through or by a broker or means of electronic communication

10. Requirements • The Minister must appoint a Chief Food Officer • Codes of Practice may be published • Imports – any amount if it meets our standards • Domestic imports can total only 2kg • Exports – Gives us power to inspect to standards of the importing country

11. The body of the Law Licensing • Introduced via Regulation i.e. Ministers debate in States All food businesses will require a license to trade • Supports businesses to comply through an annual review of details held by Environmental Health • Early identification to changes in a business model • Ability to appeal a decision

12. Consumer Protection • Definition of food that is unsafe; injurious to health or unfit for human consumption. • The equipment placed on the market or labelling material • Responsibility on food business operators at production, processing and distribution. Require systems in place for safety • The FBO must provide evidence of safe systems when requested and maintain records for one year.

13. The body of the Law • Covers farm to fork • FBOs need to understand traceability • Initiate procedures for withdrawal • Trading Standards provide automatic notification if you sign up to the service • Inform customers of recall

14. The body of the Law • HACCP principles are included in the primary law • Identify hazards • Identify the critical control points • Establish the critical limits • Establish and implement effective monitoring of the critical controls • Dedicated ‘Breakfast Bites’

15. The body of the Law EU provisions Enables EU standards, for example allergens information, to be brought into Jersey Law • Supports our existing and future export industry • Protects our imports • Quick maintenance of standards • Post Brexit world……. Chlorinated chicken?

16. Food Safety Auditors • Third party, formally recognised by Government • Auditor can complete and submit a prescribed form Why? • May reduce the number of 5* premises inspections we undertake – focussing our time on the improvers Protection? • Legal duty to tell us if they come across somewhere that’s an imminent risk to public health • We can still inspect 5* premises

17. Environmental Health • Wide ranging remit; • Enter at any reasonable time • Obtain search warrants • Open, examine, take samples, seize, review records • Take photos, audio or visual recordings, drawings • Require further information BUT…… • Maintain the culture of ‘persuasive compliance’

18. Notices • Emergency Control Notice • Can be served on an entire business or part of it • Improvement Notice • Failure to comply with an element of the Law and what needs to be done to put it right • Prohibition Notice • Only if the Improvement notice hasn’t been complied with • Remedial Action Notice • Cultural improvements e.g. reduce the menu, undertake training, de-clutter

19. Notices continued….. • Render Harmless Notice • Chop off the plug! • Prevention of Use Notice • Equipment based • Information Notice • Requirement to change labelling if confusing

20. Order making powers Topics covered; • Hygiene standards for primary producers • To include hygiene standards for businesses selling to the public • Why so varied?

21. Orders: the changing world of food Amazon £10

22. Orders: new ways of thinking Waste food, not food waste e.g. the food meets hygiene temperature controls, but it’s above a company’s standards

23. Orders: keeping up with knowledge

24. Regulating the law • Persuasive compliance • Proactive inspections • Breakfast Bites • Electronic communication • Web information

25. To recap – main changes • Farm to fork cover • Licensing, not registration • HACCP principles in primary law • Food safety auditors • Introduction of notices • Ability to introduce EU standards • Wide range of order making powers • Umbrella Law – fit for the next 53 years?!!!!

26. Next steps • Consultation remains open until 1 November • Review comments and report to the Minister for the Environment • Completed draft law to scrutiny • Make changes if required • Lodge for debate • Privy Council • Regulationsand Orders

27. Any questions?

28. Now you’re good to go!