The Food Safety Act 1990 and regulations made under it make it an offence for anyone to sell or process food for sale which is harmful to health. They also place an obligation on businesses to ensure that their activities are carried out in a hygienic way.
To request more information, please fill out our online form.
An estimated five million people suffer from food poisoning in England and Wales each year. Running a food business means that you have a particular responsibility for protecting the health of your customers.
Staff in the Environmental and Health Service are always willing to give guidance on how the law relates to your business. If you need advice, do not hesitate to contact us using the details at the top of this page.
'Use-by' and 'Best before' dates
'Use by' dates are found on perishable products, such as dairy, meat and fish. After that date, food could be unsafe to eat even if it is stored correctly and looks and smells fine.
'Best before' dates are used on foods that have a longer shelf life and tell us how long the food will be at its best. After that date it is normally safe to eat, but its flavour and texture might have deteriorated.
It is not illegal for a shop to sell food past its best before date unless it is found to be unfit.
It is illegal to offer for sale food past its use by date, or to use such food as ingredients in a catering premise.
Temperature for storing food
High risk foods (i.e. those foods that are ready to eat without further cooking) should be stored in a refrigerator below 8oc.
Ideally a domestic refrigerator will have a thermometer (available at low cost from most supermarkets) which identifies easily the ideal temperatures (1-5oc). Remember to always store raw meats below cooked/ready to eat foods.
Insects in food
Most insects found in dry produce are harmless. They usually live in, or under the packaging or labels.
Once in your store cupboards they will rapidly spread from one pack to another. For this reason it is virtually impossible for officers to link the infestation to one particular product.
Advice on how to effectively clean after an infestation of 'psocids' can be obtained from the Food Team.
If you suspect that the insects are cockroaches then you should contact this service immediately for further advice.
Food hygiene training
All staff that work in any food premises have to be trained in food hygiene practices sufficiently to carry out their job safely.
This usually means obtaining a Level 2 food hygiene qualification or equivalent if they are handling high-risk foods. Some larger organisations will provide this training in house.
Food businesses that don't comply with hygiene standards
In extreme cases, where there is an imminent risk to health, Environmental Health Officers can serve an Emergency Prohibition Notice to prohibit the use of a premise or a practice or even equipment.
Any closure of this nature has immediate effect but must be confirmed by a magistrate's court at a later date.
Licence for a new food business
No licences are required to start a new food business, but the business must be registered. You are required to register at least 28 days before you begin trading.
Registration does not cost anything, you simply complete a form giving the details of your business.
If you are unsure whether your business has the correct planning usage, please contact the planning department at planning@staffordbc.gov.uk.
Please also find further information regarding liquor licensing.
We do not grant licences for traders to set up stalls or for mobile vehicles to sell food. If you wish to sell food from a van you must register your business.
There are specific areas within Stafford Borough which are prohibited to all street traders. If you find a location from which you wish to trade, you must obtain the landowners' permission before you start trading.
Most of the laybys belong to Staffordshire County Council. Enquiries to SCC can be made by telephoning 0300 111 8002 or by visiting Staffordshire County Council.
Buying an existing food business
We cannot discuss the details of a business and whether this complies with environmental health legislation with a third party.
You are advised to ask a solicitor to make a land search on the property concerned and to ask the specific environmental health questions.
We will then disclose any formal notices that have been served on the property. Alternatively, you may wish to obtain the written permission of the current owners for us to disclose any outstanding matters.
We would be happy to meet you on site to discuss your proposals for the business provided the current owners give their permission.
Making food to sell at local markets and boot sales
You may have to register your home address as a food business. This will mean that an officer will visit your home to inspect the kitchen where you make the food.
Please use the online form for further advice.
Food sampling programme
We carry out sampling most months of the year and the plan changes each year in relation to the types of businesses in the district and any topical problem areas.
Complaints about food
If you have a problem with an item of food you can report it to the Food Team and an Officer will investigate the complaint. You will have to pass the food item and the packaging over to the Officer.
The section's prime concern is to ensure that there is not a recurring problem, however in some circumstances legal proceedings may follow from the investigation, at which you would be required as a witness.
In any instance we cannot guarantee a replacement or compensation from the manufacturer/retailer.
Alternatively you may wish to complain to the retailer who will be able to investigate on your behalf, in these instances you would be advised not to hand over the complaint until you have been contacted by the manufacturers or the importers.
You can report via the online form.
Information relating to allergens
The Food Standards Agency have provided guidance notes on the food labelling legislation to provide informal guidance on food allergen labelling for pre-packed foods.
They aim to help manufacturers, retailers, caterers and enforcement authorities ensure consistent and transparent labelling.
For further information see Food Standards Agency website.