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Food hygiene & safety prosecutions

It is the responsibility of every local authority to enforce the Food Safety Act 1990 with regard to restaurants, cafes and any other establishments that make food for human consumption. All restaurants will be inspected to ensure that their food hygiene and safety practices are in accordance with industry-wide guidelines, and that the premises in which the food is prepared, and any equipment used, is also of an acceptable standard.

These inspections are often carried out as a matter or course, but may also be in response to a complaint or concerns that have been voiced to the team about your premises or food hygiene and safety practices.

If the inspection finds that there are serious issues with your premises, equipment or practices, you may be ordered to cease trading whilst the problems are sorted out. In severe cases, where there are serious food hygiene offences or food safety offences being committed, you may be fined and/or prosecuted for the breaches.

 We have experience in helping restaurants and other food businesses to successfully defend food safety prosecutions and food hygiene prosecutions. Call us on 0161 696 6250 to find out how we can help you.


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What is the maximum fine for food hygiene offences?

If you are facing a potential food offence fine and prosecution, it’s important to note that a magistrates’ court can impose a fine of up to 20,000 for each offence, depending on such section of the law has been breached. This means that the food safety offences potential fine can mount up if you are accused of several breaches of food safety laws. However, it’s not just a fine that can be handed out; the court can also impose a prison sentence of up to two years on the responsible person(s).

The consequences of being prosecuted for food hygiene or safety offences can be very serious. If you’re potentially facing enforcement action, taking expert legal advice as soon as possible can make a significant difference to the final outcome of your case.

Who can be prosecuted for poor food hygiene or safety?

Restaurants, takeaways and food shops are all subject to following the legislation laid out in the Food Safety Act 1990. If your establishment is found to have committed food safety or hygiene offences and the local authority are looking to prosecute, the owner or proprietor of the business is the person held responsible and the individual (or individuals) who can be prosecuted for breaching the law.

If you have been accused of something which is an offence under the Food Safety Act 1990, it’s vital that you seek specialist legal advice as soon as possible.

As an experienced food industry law firm, along with our expertise across the board in legal services for businesses, we can offer support if you’re concerned with potential prosecution for food-related offences. Get in touch for more information by calling 0161 696 6250.  

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