Level 2 Food Hygiene Certificate Food Safety Legislation 2 — Questions and Answers
Question 1: What is the purpose of the Food Safety Act 1990?
- To set prices for food products
- To ensure food produced or sold for human consumption meets safety requirements and is not misleadingly presented (Correct answer)
- To regulate the advertising of food products on television
- To control the import of all food from outside the UK
Correct answer: To ensure food produced or sold for human consumption meets safety requirements and is not misleadingly presented
The Food Safety Act 1990 provides the framework for all food legislation in England, Wales, and Scotland. Its main purposes are to ensure food meets safety requirements, is as described, and is not falsely or misleadingly presented.
Question 2: Under food safety law, what does 'traceability' require food businesses to do?
- Track the location of all delivery vehicles at all times
- Be able to identify where food came from and where it was sent (one step back, one step forward) (Correct answer)
- Keep records of all staff training for 10 years
- Monitor the temperature of all food items every hour
Correct answer: Be able to identify where food came from and where it was sent (one step back, one step forward)
Regulation EC 178/2002 (retained in UK law) requires food businesses to be able to identify their suppliers and the businesses they supply — known as 'one step back, one step forward' traceability. This enables rapid recalls and withdrawals when needed.
Question 3: What action can an EHO take if there is an imminent risk to health at a food premises?
- Issue a verbal warning only
- Write a formal letter of concern
- Serve a Hygiene Emergency Prohibition Notice to close the premises immediately (Correct answer)
- Contact the media to warn the public
Correct answer: Serve a Hygiene Emergency Prohibition Notice to close the premises immediately
When there is an imminent risk of injury to health, an Environmental Health Officer can serve a Hygiene Emergency Prohibition Notice under the Food Hygiene (England) Regulations 2013, which requires immediate closure of the premises or cessation of a process.
Question 4: Which piece of legislation specifically requires food businesses to register with their local authority?
- The Health and Safety at Work Act 1974
- The Food Safety Act 1990
- Regulation EC 852/2004 on the hygiene of foodstuffs (Correct answer)
- The Consumer Rights Act 2015
Correct answer: Regulation EC 852/2004 on the hygiene of foodstuffs
Regulation EC 852/2004 (retained in UK law) requires food business operators to register their establishment with the relevant local authority at least 28 days before opening. This ensures authorities know about and can inspect food businesses.
Question 5: Under food safety legislation, selling food that is 'not of the nature, substance or quality demanded' is an offence. What does 'not of the substance' mean?
- The food is the wrong colour
- The food does not contain what the customer would reasonably expect, such as containing foreign bodies or missing key ingredients (Correct answer)
- The food packaging is damaged
- The food is cheaper than expected
Correct answer: The food does not contain what the customer would reasonably expect, such as containing foreign bodies or missing key ingredients
Under Section 14 of the Food Safety Act 1990, 'substance' refers to the composition of food. Food is not of the substance demanded if it contains something unexpected (like a foreign body) or lacks expected ingredients. This is separate from 'nature' (type of food) and 'quality' (standard).
Question 6: How long must food businesses retain food safety records as a minimum requirement under UK food law?
- 6 months
- 1 year
- There is no specific statutory minimum, but records should be kept for a reasonable period proportionate to the food's shelf life (Correct answer)
- 5 years
Correct answer: There is no specific statutory minimum, but records should be kept for a reasonable period proportionate to the food's shelf life
UK food safety law does not prescribe a single mandatory retention period for all records. However, businesses are expected to keep records for a reasonable period. Many enforcement bodies recommend keeping records proportionate to the shelf life of the food, with a general recommendation of at least the product's shelf life plus one year.
Level 2 Food Hygiene Certificate Food Safety Legislation 2
What is the purpose of the Food Safety Act 1990?