Legal advice: supply chains
The recent outbreaks of foot-and-mouth and bluetongue disease in livestock have raised people's awareness about the origins of our food. We have had a number of scares relating to the possible transmission of animal diseases to humans through the food chain. There's been foot-and-mouth, BSE, avian flu and now bluetongue.
And, of course, there is the ever-present risk of transmitting harmful bacteria to humans via the food chain - E.coli, salmonella and campylo-bacter to name a few. We need also to consider matters such as nut contamination, country of origin and whether food is actually locally produced or truly vegetarian.
No business with a food offer can take its supply sources for granted. As the legal responsibility for serving safe food rests with the food business operator, it makes sense to check suppliers are selling to you what you think you are buying.
There is no specific law about supply chain management but any business that deals in food products must be aware of the requirements for 'due diligence' under the Food Safety Act 1990.
Due diligence is about taking all reasonable steps to ensure the food products used and sold within a food business are fit for consumption and comply with legal requirements. Food businesses are expected to check out the suppliers of their food products to make sure they are of an acceptable standard. If this has been done and the supplier seems to be satisfactory and yet a contravention of the Food Safety Act 1990 occurs - for example, the food is unfit for consumption - then the business that sold the food product can claim a 'due diligence defence'. It can state that the offence was the fault of another person.
For the hospitality industry, food is going to be the major product to consider as part of the supply chain process. Not only are there food safety and food standards issues to review, but environmental issues and health and safety issues may also be relevant. No food business will want to be associated with using products from endangered species or from animals kept in inhumane conditions.
What to do first?
Decide on which suppliers are most important to your business as part of a supplier assessment programme. These may be high-risk food suppliers such as:
• Salad suppliers
• Suppliers of ready-prepared meals
• Suppliers of own-brand products
• Overseas suppliers
• Fresh meat suppliers
Your intention is to know how your supplier deals with the food safety issues, so that if the supplier has a problem you can identify the knock-on effect to your business.
You want to be reassured that they are sourcing their ingredients from the best possible suppliers, that they are adhering to food safety and hygiene laws, that they maintain the temperature or 'chill chain' and that they can produce documents to support their procedures.
Foreign objectsAlways ask your supplier how they deal with foreign-object contamination. Have they got a metal detector in place? What's their policy on jewellery or using pens in the factory?
Ask the supplier about the types of complaints they have had, how they deal with them and the outcome of any enforcement visits.
All reputable businesses will have HACCP procedures and food safety management systems. Ask them how they apply British Standard 22000 'Food Safety Management Systems'
or how they adhere to good manufacturing practice.
Don't take things for granted. Ask questions. Seek evidence. It will be your business at risk if a major food safety incident occurs.
Many food suppliers will tell you they have already been audited and that they have 'third party accreditation'. This will be a useful step in the assessment process but may not be the reassurance that you need.
If you have a prosecution levelled at your company for, let's say, selling food not of the nature, substance and quality, there is nothing more valuable than being able to stand in the witness box and say: "I visited the factory unit and reviewed all their practices and procedures." It's much better than saying: "I read someone else's report which indicated that standards were satisfactory."
You must make your own judgement as to whether it is in your interest to visit a supplier. If they refuse you that visit, just maybe, you'll need to think again.
If you'd like to e-mail me at p.perry@perryscottnash.co.uk I'll be happy to e-mail you a basic supplier questionnaire which will start you off on supply chain management.
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Pat Perry is executive chairman of Perry Scott Nash Associates, an environmental health consultancy specialising in health & safety, food safety, fire safety, disability discrimination and other legal compliance issues. It has a wide client base in the hospitality industry and can help with audits, policies, enforcement and legal issues, special projects, trading standards etc.
Contact Perry Scott Nash on 01438 745771, email info@perryscottnash.co.uk or online at the web address in the right hand column
