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Requirement
CASE OF HOT STUFF BAKERY
Solution
INTRODUCTION
Regulation EC No. 852/2004 on the hygiene of foodstuffs which was applied from 1st January 2006.Regulation EC No. 178/2002 has laid down general principles and requirements of laws relating to food safety and established Food Authority and the procedures to be followed in respect of the safety of the food. Article 6 of Regulation EC 852/ 2004 has provided that it is necessary for the operators of food business to register with the competent authority. Regulation 882/2004 has provided in Article 31 the procedure to be established by the competent authority for the operators of food business when they make an application for registration. Food hygiene is governed by the principles of HACCP, which is provided in Article 7 to 9 of Regulation 852/2004 (Freeman, 2001).
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Training to the staff is an important aspect of the matter of good practice for food hygiene like handling and serving. Article 14 of EC 178/2002 Regulation affords protection of high level to the consumers in respect of the safety of food. It provides that food cannot be put for sale in the market if it is not safe, it will be assumed that food is not safe if it is injurious to health or not fit for eating or consuming. In order to find out that the food is not safe, it will be considered into normal conditions of use or consumption of food by the consumer and at all level production, process and distribution level and the information given to the consumer by way of label or any information that the consumer has or is made available regarding the effect of particular food on the health of consumers. It is the responsibility of the food operator to inform the Competent authority, if he has reason to believe that the food he has produced or processed or distributed is not safe or is not fit for consumption. If food safety laws have not complied with and the food has reached the consumer, food operator should inform the consumer about withdrawal and the reasons thereof. In order to avail to the consumers high level of protection in the matter of safety of food, as provided in Article 19 of EC Regulation 852/2004.
The case of Hot Stuff Bakery
In the case of Hot Stuff Bakery, it was the duty of the manager James Smith to inform to the Competent authority about unsafe conditions where the food is produced,. In this case, two inspectors visit the premises of Hot Stuff Bakery and find that Hazard Analysis Critical Control Points that is HACCP principles are not complied with (Freeman, 2001). The glass fragments were found underneath the equipment on the premises, during the course of the inspection, which shows that the food safety requirements are not complied with by Hot Stuff Bakery There is breach of Food Safety Laws as provided in Regulation 178/2000, a higher level of health protection is afforded to the consumers. Articles 7 to 9 of EC Regulation has provided guidelines under the principles of HACCP whereby hygienic conditions should be maintained by the food business operator (Morkis, 2010). The presence of glass fragments on the premises was not documented that is in case of any material or things found on the premises, must have reasons for its presence and the relevant documents thereof have to be maintained, Hot Stuff Bakery could not produce any relevant documents to show the presence of glass on the premises, thereby not complying with the requirements of Article 19 of EC Regulation 852/2004. The environmental health officers found that there was damage to the walls and an opening around the waste pipe, that gave easy access to rodents and other pests to enter the premises and gnaw marks were found on the bags of flour, which confirmed that rodents were present in the premises and that no steps were taken to prevent the rodents, thereby violating the provisions of EC Regulation 178/2002 and EC Regulation 852/2004, Article 14 of the Regulation provides that food is not safe if it is injurious to the health of the consumer, Hot Stuff Bakery was obliged to inform about such conditions to the Competent Authority. The failure on their part to do so can attract penalty provisions as provided under the Food Safety Act (TURNER, 1992). Hot Stuff Bakery, their employees or agents or person responsible for manufacturing, producing, processing or distribution of food is liable to cooperate with the competent authority. When Lee Snow asked for the list of suppliers of ingredients or material, employees of Hot Stuff Bakery did not cooperate and was told that no such records are maintained, thus committing breach of Article 17 of 178/2002 EC Regulation. This regulation is also called Food Law. Article 17 provides that the food business operator must maintain documentation and procedure under the guidelines provided by HACCP according to the size and nature of business. The temperature for storing cream and other food was at 15degree C which should have been - 18 degree C, thus hazardous to consumers, which is in contravention of Section 8 (2) (b) of Food Safety Act 1990. There was a batch of food put for sale and two batches for distribution to other food chain. Article 17 (2) provides for a general duty of competent authority to monitor that the food safety law requirements are comprehensively and effectively complied by the food business operator and that the same are enforced by the authority at all the stages of production, sale, distribution of the food chain. The Competent Authority may give prohibitory order to withdraw the food put on sale and distribution to other two food chains as per the provisions of Food Safety Act. A person or food businesss operator commits an offence, if he sells food which is unsafe and unfit for the consumption.The staff of Hot Stuff Bakery were not trained in food handling which is an important aspect of HACCP guidelines whereby the staff of food business operator must be provided training in food handling and should be aware of all the basic principles and processes in respect of food HACCP has provided guidelines to prevent hazards to be observed at the level of primary production.
Any person creating an obstruction during the course of inspection by Environmental Health Officers is liable to have committed an offense Article 15 of EC Regulation 852/ 2004 has made provision that any person executing hygiene regulations, if obstructed during the course of the inspection and not given relevant information, by the employees of food operator, food operator or any other person responsible for the processes of food , is said to have committed an offense ('EC PUBLIC PROCUREMENT: CASE LAW AND REGULATION', 2006). The powers of environmental health officers are explained in the case of R (on the application of Dulai & others) v Chelmsford Magistrate Court and another (2012) ALL ER (D) 39, It is provided that the officer can enforce hygiene regulations by getting a warrant issued or visit the premis3s for inspection accompanied by one other officer.
A person cannot claim not to answer the questions of Environmental Health Officers on the grounds of self incrimination as Article 5 of EC Regulation 852/2004 has provided that any person who is working with the food business operator, whether his employees, or any person is responsible for all the day to day activities of processes of food. In the case of the Hot Stuff Bakery, manager John Smith is required to answer all the questions asked during the course of the inspection and on the grounds of self incrimination cannot decide and answer the officers who are enforcing hygiene regulations..
Conclusion
It is obligatory on the part of food business operator to take active participation in complying and implementing on food law requirements are verified at all stages of the processes of the food chain are complied with and met as imposed by Article 17 of EC Regulation 852/2004. The food law requirements are connected to other obligatory or compulsory requirements as are provided in specific legislation HACCP for the implementation of food hygiene. The guide includes the procedures for effectively implementing the principles of HACCP and the food regulations 178/2002 and Regulation 852/2004. It also provides proceedures that can help in preventing health hazards from yhe lower level of production that is at primary level too, cleaning and disinfecting procedures where food is produced and or at the food premises, regular pest control proceedure should be followed and to make more sure that all the requirements laid down by the HACCP are met, complied with and fulfilled.Two notices were served on Hot Stuff Bakery for improvement of hygeine, but failure on their part to do so may be served by prohibitory order to continue to run the business until the correction measures are adopted, till than the officer may see that food put on sale and distribution may be withdrawn in the interest of the high level of health protection afforded to consumers as provided under tge regulations and Food Safety Law.
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EC PUBLIC PROCUREMENT: CASE LAW AND REGULATION. (2006). Tilburg Law Review, 13(3), 303-303.
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Freeman, K. (2001). Food Safety. HACCP Hassles. Environmental Health Perspectives, 109(7), A307.
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Lelieveld, H. (1994). HACCP and hygienic design. Food Control, 5(3), 140-144.
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Morkis, G. (2010). THE LEVEL OF IMPLEMENTING GHP, GMP, AND HACCP SYSTEMS INTO THE FOOD INDUSTRY. ZNTJ.
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TURNER, A. (1992). The Food Safety Act 1990 and after. Nutr Bulletin, 17(1), 31-40.
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