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Which laws?

There are lots of laws relating to food safety. These laws work in different ways although, generally speaking, they place a legal duty on food manufacturers and suppliers to ensure that consumer health and interests are protected.

We can divide food safety laws into two separate categories:

• general food law
• specific food laws

General food law

The General Food Regulation is often described as an ‘umbrella’ law because it covers all aspects of food safety and consumer protection. It sets out the general principles that need to be upheld by all other food laws. Its core principle is that food must not be placed on the market if it is unsafe.

Specific food laws

Supporting the general regulation there are a number of laws tailored to specific types of food products. These are:

Novel foods
'Novel foods' are those that have only 'been available in the EU since 1997. Before a novel food can be put on the UK market, the manufacturer must apply to the Food Standards Agency for authorisation. Authorisation will not be granted if the new food product is considered to present a danger to consumers.

Not all new food products have to go through this authorisation process. If the manufacturer can demonstrate that its new product is virtually identical to a food already on the market, it does not need to go through this process. Instead, it only has to notify the European Commission of its plans to market that product.

Food enhancers
Substances such as additives, flavourings, vitamins and minerals are often added to food to prolong its shelf-life, improve its taste or increase its nutritional content. The law makes it clear that these substances cannot be used in food unless their safety has been tested and they have been authorised.

Once a substance is authorised, it will be added to an ‘approved list’. All substances included in this list can be used within the EU, subject to certain conditions.

The law on food additives is the only piece of food law to refer specifically to ‘nanotechnology’. It says that authorisation has to be obtained for nano versions of food additives, irrespective of what’s on the approved list.

Food supplements
The law on food supplements works in a similar way to the laws on food enhancers. Food supplements, such as vitamin tablets, are only allowed to contain nutrients that have been tested and authorised. Authorised nutrients are included in an approved list.

Materials in contact with food
As well as extensive laws on the safety of food, there are also laws governing the safety of materials that come into contact with food, such as food packaging, cookware, cutlery, tableware and food processing equipment.

Manufacturers are not allowed to use materials if there is a risk that chemicals from those materials will transfer to foods and endanger human health.

Labelling
The law in this area ensures that consumers have access to detailed information on the foods they purchase. This helps consumers to make informed decisions about the foods they want to eat.

At the very least, foods must be labelled with the food name, a list of ingredients, a ‘use by’ date, any special storage conditions or conditions of use, and the name and address of the manufacturer, packer or seller.

Additional labelling requirements may apply to certain types of foods. Foods containing nuts, for example, must be marked ‘contains nuts’.

Are any other laws relevant?

Yes. Food safety is also governed by the General Product Safety Regulations 2005. These Regulations work alongside the food laws described in this section, and require that all consumer products (not just foods) are safe for use.