The Food Law Code of Practice (the “Code”) sets out how local authorities and other enforcement bodies should carry out official food law controls in England. It dictates how inspections, enforcement action and prosecutions are approached.
When the Code changes, it can have a direct impact on how food businesses are inspected and how alleged breaches are dealt with.
Key timeline
- March 2025 – Consultation launched by the Food Standards Agency (FSA) on proposed changes to the Food Law Code of Practice (England).
- Mid–2025 – Consultation closes and FSA begins review of responses.
- Late 2025 – Finalised Code expected to be laid before Parliament and adopted (subject to ministerial approval).
- 2026 onwards – Implementation by local authorities with businesses experiencing new inspection methods and enforcement practices.
What’s changing?
The proposed reforms focus on:
- Risk-based inspection models – altering how often different food businesses are inspected.
- Officer competence and training – new criteria for enforcement officers, meaning only suitably qualified officers can carry out certain checks.
- Enforcement flexibility – updated guidance on when local authorities should use formal notices, cautions or prosecutions.
- Consistency across regions – tighter rules to ensure a more standardised approach across local councils.
Why does it matter?
- More scrutiny for high-risk businesses (e.g. manufacturers, exporters, businesses with prior non-compliance).
- Lower-risk operators may see reduced inspections, but will need to maintain strong records to justify compliance.
- Prosecution thresholds may shift, making it easier for authorities to escalate matters where public health is at risk.
- Food officers’ competence requirements mean businesses may face more robust inspections from highly trained officers.
Steps food businesses should take now
Review your food safety management system (HACCP) and ensure it is fully documented.
Train staff on allergen labelling and cross-contamination controls.
Keep up-to-date records — these may be relied upon more heavily under the new inspection approach.
Audit your supplier checks and traceability procedures.
Establish a legal/regulatory contact in case of an unexpected inspection or enforcement notice.
How Stephensons can help
Our food safety solicitors advise on:
- Challenging hygiene improvement or prohibition notices
- Defending food hygiene prosecutions
- Appeals against local authority enforcement decisions
- Proactive compliance reviews to minimise risk under the new Code – we work with specialist Food Safety consultants who can assist with compliance audits and reviews and hands on assistance with implementing appropriate policies.
Contact our regulatory team on 0161 696 6250 for immediate support.
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