Tougher sentencing guidelines proposed for food safety breaches
The guidelines also suggest that ‘micro’ pub companies that turn over less than £2m a year could be forced to pay £120,000 for the most serious food hygiene breaches, while small businesses (£2m-£10m turnover) could be fined up to £450,000.
The proposals, which define a new maximum fine band of 500-700% of an individual offender’s weekly income, are outlined in a consultation launched today on health and safety offences, corporate manslaughter and food safety and hygiene offence.
Food offences include poor hygiene standards in kitchens, failure to properly prepare food, and poisoning.
The offences are expressed in terms of contravening or failing to comply with specified community provisions, which include informing customers when there has been a breach of food safety requirements, requiring food businesses to keep paperwork that would enable regulators to identify the origin or producer of a food product, and ensuring that consumers are not misled by the labelling, advertising or preparation of food.
Currently the maximum fine magistrates can impose for these offences is £20,000, while the Crown Court has the power to issue a fine of any amount or up to a two-year custodial sentence.
Consultation
The consultation document states that in 2013, approximately 220 individuals and 60 organisations were sentenced for food safety and hygiene offences.
The Sentencing Council said that nearly all cases involving food offences were heard in magistrates courts and custodial sentences were very rare and, if imposed, usually suspended.
The consultation also suggests new guidelines for health and safety offences. It proposes maximum fines of £450,000 for micro businesses, £1.6m for small businesses and 2 years’ imprisonment for individuals.
'Serious consequences'
Sentencing Council member Michael Caplan QC said: “We want to ensure that these crimes don’t pay. They can have extremely serious consequences and businesses that put people at risk by flouting their responsibilities are undercutting those that maintain proper standards and do their best to keep people safe.
“Our proposals will help ensure a consistent approach to sentencing, allowing fair and proportionate sentences across the board, with some of the most serious offenders facing tougher penalties.
“This is a consultation: we are interested in hearing feedback on our proposals so we can develop sentences which people understand and have confidence in.”
The consultation will run until 18 February 2015. View the consultation here
Proposed sentencing guidelines for food safety and hygiene offenders - individuals
Adverse effect on human health | Starting point (fine/custody) | Category range (fine/custody) |
Deliberate |
|
|
Serious adverse effect | 9 months’ custody | Fine of 500-700% of offender’s weekly income – 18 months’ custody |
Adverse effect or high risk of adverse effect | 500-700% of weekly income | 300-500% of weekly income – 9 months’ custody |
Medium or low risk of an adverse effect | 300-500% of weekly income | 250% of weekly income – 26 weeks’ custody |
Reckless |
|
|
Serious adverse effect | 500-700% of weekly income | 300-500% of weekly income – 9 months’ custody |
Adverse effect / high risk | 300-500% of weekly income | 250% of weekly income – 26 weeks’ custody |
Medium / low risk | 250% of weekly income | 150-500% of weekly income |
Negligent |
|
|
Serious adverse effect | 300-500% of weekly income | 250-700% of weekly income |
Adverse effect / high risk | 250% of weekly income | 150-500% of weekly income |
Medium / low risk | 150% of weekly income | 100-150% of weekly income |
Low culpability |
|
|
Serious adverse effect | 150% of weekly income | 100-150% of weekly income |
Adverse effect / high risk | 100% of weekly income | 50-100% of weekly income |
Medium / low risk | 50% of weekly income | Conditional discharge – 50% of weekly income |
