Food Safety Act 1990
What this means for your business
- Enforced by
- FSA, Food Standards Scotland, DEFRA
- Applies to
- United Kingdom
- On this page
- 16 compliance obligations, 34 practical guides across 2 topics
What you must do
16 compliance obligations under this legislation — 15 can result in imprisonment.
Offences and prohibitions 16
Cause another person to commit a food safety offence
2 years imprisonmentIf an offence under the Food Safety Act occurs because of something you did or failed to do, you can be prosecuted even if you were not the person who actually carried out the breach. The law treats you as equally liable, meaning you could face the same penalties as the primary offender. Conviction can lead to an unlimited fine and up to two years' imprisonment.
Contravene emergency control order or ignore direction
2 years imprisonmentIf you knowingly carry out food‑related commercial activities that the Secretary of State has prohibited by an emergency control order, or you ignore a direction issued to stop those activities, you commit a criminal offence. This applies to any person or business operating in the food sector. Conviction can lead to fines and/or imprisonment, although the Act does not set the exact penalties – they are determined by the courts.
Corporate liability for food safety offences
2 years imprisonmentIf your company commits any offence under the Food Safety Act and the breach was done with the consent, connivance or neglect of a director, manager, secretary or another senior officer, that officer – as well as the company – will be treated as guilty of the same offence. Both can be prosecuted and face whatever penalty the underlying offence carries.
Disclose confidential beet information without consent
2 years imprisonmentIf you receive information about home‑grown beet processing under section 69A and then share that information without the written consent of the person who gave it to you, you commit a criminal offence. On conviction you could be fined an unlimited amount and face up to two years’ imprisonment if tried in the Crown Court, or a fine (up to the statutory maximum) and up to three months’ imprisonment if dealt with in the Magistrates’ Court.
Disclose trade secrets obtained during inspection
2 years imprisonmentIf you gain access to a food business’s premises under an authorised inspection and then share any confidential information or trade secrets you learned with anyone else (unless it is part of your official duties), you commit a criminal offence. Conviction can lead to prosecution, but this section does not itself set the exact fine or prison term – those are defined elsewhere in the Food Safety Act.
Fail to comply with an improvement notice
2 years imprisonmentIf a local authority, the FSA, Food Standards Scotland or Trading Standards serves you with an improvement notice and you do not carry out the required actions within the time limit (at least 14 days), you commit a criminal offence. A conviction can lead to a fine (potentially unlimited) and, in serious cases, imprisonment.
Fail to provide information to Food Standards Scotland
2 years imprisonmentIf your food business has reported a problem to Food Standards Scotland and they later ask for further details, you must supply that information as soon as reasonably practicable. Failing to do so is a criminal offence. On conviction you could face an unlimited fine and up to two years' imprisonment.
Falsely describe or present food
2 years imprisonmentIf you attach a label, run an advertisement or present food for sale in a way that misleads customers about its nature, composition or quality, you commit a criminal offence. On conviction you can be fined without limit and/or sentenced to up to two years in prison. The case can be heard either in a magistrates' court or a Crown Court.
Knowingly breach a food‑information notice
Fine up to £2,500If you deliberately ignore a notice that says a food (or part of it) must not be used for human consumption or must not be removed, you commit a criminal offence. The offence applies to anyone who knowingly breaches the notice – that could be the food business operator or any other person in charge of the food. Conviction can lead to a fine and/or imprisonment, but the exact penalties are set elsewhere in the legislation.
Knowingly breach a food‑safety notice
2 years imprisonmentIf a food authority officer serves you with a notice that food must not be used for human consumption (or must not be moved) and you deliberately ignore that notice, you commit a criminal offence. Conviction can lead to a fine and, in the most serious cases, imprisonment, with the case dealt with in either a magistrates’ court or Crown Court depending on the circumstances.
Knowingly breach an emergency prohibition notice or order
2 years imprisonmentIf an authorised officer or a court issues an emergency prohibition notice or order against your food business, you must stop the activity it bans. Continuing to carry out the prohibited activity, knowing that the notice or order is in force, is a criminal offence. Conviction can lead to a fine and/or imprisonment, although this section does not spell out the exact penalty.
Knowingly contravene a food prohibition order
2 years imprisonmentIf a court (or a magistrates’/sheriff’s court) issues a prohibition order that stops you from using a process, equipment, premises or from managing a food business, and you knowingly ignore that order, you commit a criminal offence. Conviction can result in a fine and/or imprisonment, the exact limits being set by the courts.
Obstruct food‑safety officers or give false information
three months imprisonmentIf you intentionally block, hinder or refuse to help an environmental health officer, inspector or any other person carrying out duties under the Food Safety Act, or you give them false or misleading information, you commit a criminal offence. Conviction can lead to a fine, imprisonment or both, depending on how the court decides. The exact penalty is set out elsewhere in the Act.
Partner liable for partnership food‑safety offence
2 years imprisonmentIf a Scottish partnership breaches any food‑safety offence and a partner either consented to it, turned a blind eye, or was negligent, that partner is treated as guilty of the same offence as the partnership. The partner can be prosecuted and faces whatever fine, imprisonment or other sanction applies to the original offence.
Render food injurious to health
2 years imprisonmentIf you deliberately add, use, remove or otherwise treat food in a way that makes it harmful to health, and you intend to sell it for human consumption, you commit a criminal offence. A conviction can lead to a fine (which may be unlimited) and/or a prison term. The offence can be prosecuted by local authorities, the Food Standards Agency, Food Standards Scotland or Trading Standards.
Sell food not matching the nature, substance or quality demanded
2 years imprisonmentIf you sell food that is not what the customer asked for – whether it’s the wrong type, contains different ingredients, or is of lower quality – you commit a criminal offence. The offence applies even if the buyer says they only bought the food for testing. On conviction you could face an unlimited fine and up to two years in prison.
Penalties for non-compliance
18 penalties under this legislation. 15 can result in imprisonment. 15 carry an unlimited fine.
Cause another person to commit a food safety offence
Unlimited fine and/or 2 years imprisonment
Contravene emergency control order or ignore direction
Unlimited fine and/or 2 years imprisonment
Corporate liability for food safety offences
Unlimited fine and/or 2 years imprisonment
Disclose confidential beet information without consent
Unlimited fine and/or 2 years imprisonment
Disclose trade secrets obtained during inspection
Unlimited fine and/or 2 years imprisonment
Fail to comply with an improvement notice
Unlimited fine and/or 2 years imprisonment
Fail to provide information to Food Standards Scotland
Unlimited fine and/or 2 years imprisonment
Falsely describe or present food
Unlimited fine and/or 2 years imprisonment
Knowingly breach a food‑safety notice
Unlimited fine and/or 2 years imprisonment
Knowingly breach an emergency prohibition notice or order
Unlimited fine and/or 2 years imprisonment
Knowingly contravene a food prohibition order
Unlimited fine and/or 2 years imprisonment
Obstruct food‑safety officers or give false information
Unlimited fine and/or three months imprisonment
Partner liable for partnership food‑safety offence
Unlimited fine and/or 2 years imprisonment
Sell food not matching the nature, substance or quality demanded
Unlimited fine and/or 2 years imprisonment
Render food injurious to health
Fine up to £20,000 and/or 2 years imprisonment
Fail to report breach of food information law
Unlimited fine
Offence under section 15B(5) – summary fine
Fine up to £2,500
Knowingly breach a food‑information notice
Fine up to £2,500
Practical guidance
Our guides explain how to comply with the requirements above.
Sector-Specific 32
Host weddings and events on your farm
How to set up and run a farm wedding or event venue. Covers planning permission, licensing, fire safety, …
Register and run a food business
How to register your food business with your local authority, meet food hygiene requirements, and achieve a good …
Food Information Regulations 2014 compliance
Comply with mandatory food labelling and information requirements under UK and assimilated EU law.
Allergen control systems and Natasha's Law
Implement comprehensive allergen management systems and comply with Natasha's Law PPDS labelling requirements.
Food safety management systems and HACCP
Implement HACCP-based food safety management procedures and comply with food hygiene regulations.
Brewery licensing and compliance
Complete licensing, registration, and duty requirements for operating a brewery in the UK, including APPA registration, food safety, …
Food and drink business licensing and compliance
Navigate the complete range of licences, registrations, certifications, and consents required for food and drink businesses across production, …
Food and drink regulations and traceability
Comply with HFSS labelling, traceability requirements, alcohol duty obligations, packaging regulations, waste disposal, and animal by-products rules.
Food Safety for Childcare Providers
Food safety and nutrition requirements for childcare settings, including food business registration, allergen management, HACCP systems, and Ofsted …
Register as a Childminder in England
Complete guide to becoming a registered childminder, from pre-registration training and DBS checks to Ofsted registration and setting …
Specialist retail licences and registrations
Specialist licences required for specific retail activities including tobacco registration, fireworks sales, pet shops, scrap metal dealing, and …
Food business registration
Register your food business with your local authority before starting operations.
Food hygiene and HACCP
Implement food safety management procedures based on HACCP principles.
Food Hygiene Rating Scheme
Understand the Food Hygiene Rating Scheme and display your rating.
Allergen information requirements
Provide clear allergen information for all food you sell.
Food labelling requirements
Label prepacked food correctly with all mandatory information.
Set up and run a compliant farm shop
How to register, comply with food safety, and handle VAT when selling produce directly from your farm. Covers …
Hospitality sector market overview
Market size, growth trends, investment opportunities, and key statistics for the UK hospitality sector including employment, business counts, …
Alcohol licensing requirements
How to obtain a premises licence to sell alcohol in England and Wales, including application process, fees, designated …
Food safety and hygiene requirements
HACCP-based food safety management systems, allergen labelling requirements including Natasha's Law, and food business registration for hospitality operators …
Food handler training requirements
Legal training requirements for food handlers - training is mandatory, but certificates are not. Understanding the competency-based approach …
Set up food premises that meet hygiene standards
How to set up food premises that meet the legal hygiene standards under Regulation (EC) 852/2004. Covers layout, …
Control food temperatures safely
Keep food at safe temperatures throughout storage, cooking, holding, cooling, and reheating to prevent harmful bacterial growth and …
Food safety training for your staff
Food hygiene certificates are not a legal requirement -- UK law requires competency, not certificates. This guide explains …
Selling food online: labelling and safety requirements
Comply with distance selling rules when selling food online, including providing mandatory food information before purchase, allergen labelling …
Food safety requirements in Scotland
How food safety regulation differs in Scotland. Covers Food Standards Scotland, CookSafe, the Food Hygiene Information Scheme, and …
Food safety compliance checklist
Quick verification checklist for food business operators. Covers registration, HACCP, temperature control, allergens, training, record keeping, and premises …
Food traceability, withdrawal, and recall
Maintain food traceability records using the one step back, one step forward principle, and follow the correct procedures …
Prepare for a food hygiene inspection
Use this checklist to prepare your food business for an environmental health inspection. Covers the three areas inspectors …
Hospitality annual compliance checklist
Annual compliance checklist for hospitality businesses covering all key regulatory obligations: licence renewals, fire safety reviews, food safety …
Novel foods authorisation in Great Britain
How to determine whether your food product requires novel food authorisation in Great Britain, and how to apply. …
Holiday let food hygiene, employment and insurance
Food hygiene, employment law, insurance, and environmental duties for self-catering holiday accommodation. Covers food business registration, allergens, food …
Compliance & Legal 2
Get licences from your local council
Comprehensive guide to local authority licensing requirements including premises licences for alcohol and entertainment, food business registration, street …
Business licences by activity type
A quick-reference lookup of UK business licences organised by activity type, covering food, alcohol, entertainment, waste, street trading, …
Sections and provisions
70 classified provisions from this legislation.
Offences and penalties 18
- s.7 Rendering food injurious to health.
- s.9 Inspection and seizure of suspected food.
- s.10 Improvement notices.
- s.11 Prohibition orders.
- s.12 Emergency prohibition notices and orders.
- s.13 Emergency control orders.
- s.14 Selling food not of the nature or substance or quality demanded.
- s.15C Duty to report non-compliance with food information law
- s.15D Power to obtain information
- s.15B Contravention of food information law: seizure of food etc.
- s.15 Falsely describing or presenting food.
- s.20 Offences due to fault of another person.
- s.32 Powers of entry.
- s.33 Obstruction etc. of officers.
- s.35 Punishment of offences.
- s.36A Offences by Scottish partnerships.
- s.36 Offences by bodies corporate.
- Schedule 2 Amendments of Parts III and V of 1984 Act
Powers 21
- Schedule 1 Provisions of Regulations under Section 16(1)
- s.5 Food authorities and authorised officers.
- s.16 Food safety and consumer protection.
- s.17 Enforcement of EU provisions.
- s.18 Special provisions for particular foods etc.
- s.19 Registration and licensing of food premises.
- s.23 Provision of food hygiene training.
- s.24 Provision of facilities for cleansing shellfish.
- s.26 Regulations and orders: supplementary provisions.
- s.29 Procurement of samples.
- s.30 Analysis etc. of samples.
- s.31 Regulation of sampling and analysis etc.
- s.39 Appeals against improvement notices.
- s.40 Power to issue codes of practice.
- s.41 Power to require returns.
- s.42 Default powers.
- s.45 Regulations as to charges.
- s.47 Remuneration of tribunal chairmen.
- s.49 Form and authentication of documents.
- s.57 Scilly Isles and Channel Islands.
- ... and 1 more powers
Definitions 14
- s.1 Meaning of “food” and other basic expressions. Regulation ( EC ) No. 178/2002 contact material food business
- s.2 Extended meaning of “sale” etc.
- s.3 Presumptions that food intended for human consumption.
- Schedule 4 Transitional Provisions and Savings
- s.15A Meaning of “food information” etc.
- s.28 Provision of facilities for examinations.
- s.44 Protection of officers acting in good faith.
- s.48 Regulations and orders.
- s.51 Contamination of food: emergency orders.
- s.52 Markets, sugar beet and cold storage.
- s.53 General interpretation.
- s.54 Application to Crown.
- s.56 Water supply: Scotland.
- s.58 Territorial waters and the continental shelf.
Legislative context
- SI Food Information Regulations 2014 (2014)