Blog
Health and Safety / Corporate Manslaughter – Q1 2024
Úna Campbell
The Food Standards Agency is charged with protecting public health and consumers interests at all stages of the food production and supply chain in the UK. In order to fulfil this statutory objective, the FSA is stringent in its enforcement of the UK’s food safety and hygiene regime, with Local Authorities quick to investigate and even prosecute on the FSA’s behalf where they consider a corporate or individual to be in breach. And the government agency’s remit does not end there with the establishment of the FSA’s law enforcement function, the National Food Crime Unit, and their focus on food fraud and food crime.
Between them, the FSA and Local Authorities have substantial powers which include the right to inspect premises unannounced, seize any records, take samples, issue enforcement notices and ultimately bring criminal charges.
For food business operators in the UK, any intervention by the authorities will impact on the practical running of their business as a bare minimum and it can also lead to serious long-term financial and reputational damage and a criminal record. Reasonable precautions and effective due diligence should lessen the risk of a food business finding itself under scrutiny but when it is not enough then Kingsley Napley’s expertise in this area will help to ensure the best possible outcome.
Our Services
Kingsley Napley have years of experience in food safety and hygiene law, having acted for the full spectrum of food businesses including major food and meat suppliers, restaurant chains and their directors, as well hotels, pubs and bars operating in the hospitality and leisure sectors.
Whether you find yourself the subject of initial enquiries by your local food safety team or defending criminal charges in the Crown Court, we pride ourselves on offering clear and strategic advice that can shape and divert the course of an investigation or prosecution. We will always do our utmost to protect you and your business. This may include:
- Advising on compliance with the food safety and hygiene regulations and the principles of Hazard Analysis and Critical Care Point (HACCP).
- Advising on the next steps following an intervention by the FCA or Local Authority and putting forward representations on your behalf which seek to allay concerns, achieve a swift resolution and minimise disruption to the business.
- Challenging enforcement action including the decision to issue a Hygiene Improvement Notice, Remedial Action Notice or Hygiene Emergency Prohibition Order.
- Representing you or your business at a formal interview under caution.
- Preparing your defence and representing you in criminal proceedings .
- Reputation management when a crisis occurs.
read our newsletters
Food Safety and Hygiene Newsletter Edition 1 - July 2023
Food Safety and Hygiene Newsletter Edition 2 - February 2024
Food Safety and Hygiene Newsletter Edition 3 - July/August 2024