(b) to the probable cumulative toxic effects;
(c) to the particular health sensitivities of specific cat-
egories of consumers where food is intended for
that category of consumer.
Selling food not of the nature, substance or
quality demanded (s 14)
Section 14 provides that it is an offence for a person to
sell to the purchaser’s prejudice any food which is not
of the nature or substance or quality demanded by the
purchaser (s 14(1)). The food must be intended for
human consumption (s 14(2)).
Note the following features of the offence created by
s 14:
1 Sale.An offence will be committed only where there
is a sale. Sale is defined broadly to include all supplies of
food in the course of a business (s 2(1)), giving food away
as a prize at a place of public entertainment (s 2(2)(a))
or as part of a promotional exercise (s 2(2)(b)).
2 Nature or substance or quality.Section 14 is worded
in such a way as to create three separate offences; the
characteristics listed are alternatives. So far as ‘nature’ is
concerned, an offence will be committed if the customer
does not get what he asked for, e.g. where the customer
asks for butter but is supplied with margarine. With
respect to ‘substance’, an offence will be committed if
the food contains unwanted additives or where the food
fails to comply with a statutory standard, e.g. a fish cake
which contained less fish than required by regulations.
So far as ‘quality’ is concerned, an offence will be com-
mitted if the food fails to comply with the standard of
quality demanded. The standard of quality expected will
depend on factors such as price paid or any description
which has been applied, e.g. extra lean mince should not
contain an excessive amount of fat.
3 Sale to the purchaser’s prejudice.The seller must
have supplied food which is inferior to that which could
be reasonably expected. It is not necessary to show
actual damage. A seller may avoid liability by use of a
very clear notice: a consumer who knows exactly what
he is getting cannot claim to have been prejudiced.
Falsely describing or presenting food (s 15)
Section 15 creates an offence of giving with any food
sold or displaying with any food exposed for sale or in
possession for the purposes of sale, a label whether or
not attached to or printed on the wrapper or container
which (a) falsely describes the food, or (b) is likely to
mislead as to the nature, substance or quality of the
food. It is also an offence to publish or be a party to the
publication of an advertisement which is false or calcu-
lated to mislead. Section 15 is supplemented by regula-
tions as to the labelling and description of food.Defences
A number of defences are available to a person charged
with an offence under the FSA 1990.
■In the case of ss 14 and 15 offences, that the defendant
has taken all reasonable precautions and has exercised
due diligence to avoid the commission of an offence
by himself or a person under his control (s 21).
■The innocent publication of an advertisement which
contravenes the FSA 1990 by a publisher or advertis-
ing agency (s 22).By-pass provisions
Under s 20, where the commission by any person of the
relevant offence is due to the act or default of some other
person, that other person shall be guilty of the offence.Enforcement and penalties
Enforcement authorities enjoy powers of inspection
and seizure, the powers to apply to the court for a pro-
hibition order, emergency prohibition order or an emer-
gency control order to deal with suspected offenders.
Enforcement has been assisted by the requirement since
1 May 1992 that all food premises register with local
environmental health departments. Failure to comply is
an offence.
The penalties for contravening the FSA 1990 are a
prison sentence not exceeding two years and/or an
unlimited fine in respect of a Crown Court conviction,
and, on summary conviction in the magistrates’ court, a
prison sentence not exceeding six months and/or a
£20,000 fine in respect of ss 7 and 14 offences and the
statutory fine of £5,000 in respect of other offences.The General Food Regulations 2004
It is an offence under the General Food Regulations,
which came into force on 1 January 2005, to fail to
comply with the following provisions of Regulation EC
178/2002:Part 3Business transactions