Food Standards Act 1999
What this means for your business
- Enforced by
- FSA, Food Standards Scotland
- Applies to
- United Kingdom
- On this page
- 3 compliance obligations
What you must do
3 compliance obligations under this legislation — 1 can result in imprisonment.
Offences and prohibitions 3
Disclose trade secret during authorised inspection
Unlimited fineIf an authorised inspector who has entered your premises discloses any trade secret they learn while carrying out their inspection, you can be prosecuted. The offence is tried in the magistrates’ court and carries an unlimited fine.
Disclose trade secrets obtained during enforcement inspection
Unlimited fineIf you are an authorised person entering premises to monitor enforcement and you share any trade‑secret information you learned there, you commit a criminal offence. The offence is tried in the magistrates' court and carries a fine up to level 5 on the standard scale (effectively unlimited). No prison term is provided for this breach.
Obstruct food crime officer or give false information
3 months imprisonmentIf you intentionally block a food crime officer, refuse to follow a lawful request they make, or deliberately give them false or misleading information, you commit an offence. A conviction in the Magistrates' Court can result in up to three months' imprisonment, an unlimited fine, or both.
Penalties for non-compliance
4 penalties under this legislation. 1 can result in imprisonment. 4 carry an unlimited fine.
Obstruct food crime officer or give false information
Unlimited fine and/or 3 months imprisonment
Disclose trade secret during authorised inspection
Unlimited fine
Disclose trade secrets obtained during enforcement inspection
Unlimited fine
Obstruct enforcement or provide false information under food safety duties
Unlimited fine
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
50 classified provisions from this legislation.
Duties 10
- s.2 Appointment of members etc. person it is proposed
- s.3 Appointment of chief executive and directors. of whom
- s.4 Annual and other reports.
- s.6 Development of food policy and provision of advice, etc. to public authorities.
- s.7 Provision of advice, information and assistance to other persons.
- s.8 Acquisition and review of information.
- s.12 Monitoring of enforcement action.
- s.22 Statement of general objectives and practices.
- s.28 Arrangements for sharing information about food-borne zoonoses. authority
- s.29 Consultation on veterinary products. information
Offences and penalties 4
Powers 14
- s.5 Advisory committees.
- s.10 Power to carry out observations.
- s.13 Power to request information relating to enforcement action.
- s.17 Delegation of powers to make emergency orders.
- s.19 Publication etc. by the Agency of advice and information.
- s.20 Power to issue guidance on control of food-borne diseases.
- s.21 Supplementary powers.
- s.24 Directions relating to breach of duty or to international obligations.
- s.25 Power to modify enactments about disclosure of information.
- s.32 Modification of certain provisions of this Act.
- s.33 Consequences of Agency losing certain functions.
- s.40 Minor and consequential amendments and repeals.
- s.41 Transfer of property, rights and liabilities to the Agency.
- s.42 Power to make transitional provision etc.