Food firms must be aware of law changes.

Food businesses must have a firm grasp of fundamental changes to the law which came into effect this month, according to the FPB.

The FPB's Food Adviser Bob Salmon said that, as of 1 January 2006, 17 old regulations have been replaced by five new, far-reaching pieces of legislation. They will affect every business involved with food.

Mr Salmon said failure to comply with the new legislation risks businesses being closed down. "As with all food regulation, it is critical businesses are fully up to speed with it," he said.

"These changes are significant and require business owners to fully prepare 'belt and braces' style for them."

Mr Salmon said every food-related business should be taking steps to comply with the following initiatives.

1. Register with the competent authority

This usually means the local council and almost all existing businesses will be registered. You also have to tell them if you make any significant changes in your activities so that the authorities always have up-to-date information.

Further, if you are dealing with produce of animal origin, you must be approved before you start trading. Although the Regulation, 853/2004, says that you are not permitted to trade after 1 January 2006 without official approval, the transitional arrangements indicate that either conditional or full approval will be granted at the next scheduled visit from your Environmental Health Officer (EHO). In the meantime, you do not need to do anything as the initiative lies with the EHO. It is worth noting that composite products--that is, combinations of vegetable and animal products like pizzas, sandwiches, mayonnaise--are exempt, as are retailers.

2. Be safe

Your food must be safe, that is, neither injurious to health nor unfit for consumption. This also means not using food that is illegal. For example, the Sudan dyes that hit the headlines early in 2005--found in foods such as Worcester sauce--were not so much injurious to health, unless a person drank 270 litres of the sauce a day, but they were illegal nevertheless.

3. Know your foods' origins

You must know where your foods have come from and, if you sell on to other businesses, where they are going. This is called traceability. It exists so that any unsafe food can be withdrawn and any problem traced to the source.

There is no obligation to have internal traceability, although it may be economically beneficial to some businesses where stock control is critical. Sales to the ultimate consumer are exempt. (For further information on traceability, see 'business info' food sector section at FPB's website.

4. Risk assessment

Businesses are required to undertake a risk assessment to ensure they are complying with microbiological criteria, temperature requirements and general hygiene good practice. However, some allowances for small businesses are being proposed by the European Commission (EC) where Good Manufacturing Practice (GMP) and HACCP are in place.

5. Principles of HACCP

You must have a food safety management system based on the HACCP (Hazard Analysis and Critical Control Point) principles. The only exceptions to this are primary producers (farmers) and housewives (852 art 5).

As a thought stimulant, the FPB has been working with officials to produce a series of questions designed to raise awareness of some of the issues relating to your food management system that may need attention. FPB members can download a copy of the Food Safety Checklist (HACCP) at the web address below.

The EC regulations talk in many places about 'traditional methods'. They say that these should be allowed to continue, provided they do not pose any risk to consumers of the final product--or, of course, the staff using them. This flexibility is (1) to enable the continued use of such methods and (2) to accommodate the needs of food businesses situated in regions that are subject to special geographical constraints or (3) to the construction, layout and equipment (852/2004 article 13). If you think you are using a 'traditional method', you should register this with your EHO. The rules say that a detailed hazard analysis should be carried out to ensure that the objectives of the Regulation are not compromised.

Finally, all labels must be accurate, informative and free of any text that could mislead by word or implication. There is certain information that must be included with loose, unpacked and ready-to-eat food, and yet more rules for pre-packed foods. It is always worth getting any labelling checked by your local trading standards officer, which, under the home authority principle, means your labelling is approved across the country.

The five new regulations are as follows:

EC 178/2002 general principles and requirements of food law. This demands traceability etc.

EC 852/2004 hygiene of foodstuffs. This demands HACCP and registration etc.

EC 853/2004 specific rules for foods of animal origin.

EC 854/2004 official controls of foods of animal origin

EC 882/2004 official controls to ensure verification of compliance with feed and food law.

For further details on the FPB's work in the food industry and to register for the FPB's Food Sector Bulletin:

Contact The Forum of Private Business on tel: [phone] or visit: www.fpb.org