United Kingdom

Legal Foundation

The Food Safety Act of 1990 provides the legislative framework for food law in Great Britain. The UK retained harmonised EU food law UK when it exited the EU; this legislation has since been assimilated into UK law and provides the main body of food law, along with the domestic implementing instruments that were also assimilated. Assimilated Regulation (EC) No. 178/2002, assimilated Regulation (EU) 852/2004 and assimilated Regulation 853/2004 are important regulations that deal with food safety and hygiene. The Food Safety and Hygiene (England) Regulations 2013 provide for executing powers enforcement of these regulations and some specific national requirements. Parallel legislation applies in Scotland, Wales, and Northern Ireland. Food and feed safety and standards are devolved matters in the UK with separate regulations in Wales, Scotland, and Northern Ireland, with the respective food safety authorities providing advice to Ministers with a shared aim. Infringement of food regulations can lead to measures under criminal law and consumer damage claims under civil law, whereby the final decision rests with the courts. Government measures regarding food safety are often based on scientific risk assessment. However, the final decision on the legality of governmental measures rests with the courts. Risk assessment, communication, and management are not institutionally separated in the UK. Risk assessments are published on the Internet unless statutory provisions prohibit this.

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