Dining in deceit: the rise in criminal food offences
24 October 2024
Criminal food offences take many forms, ranging from minor regulatory breaches to serious crimes involving food adulteration or contamination. These offences can occur at various points in the food supply chain, from production and distribution to consumption.
Food fraud
Food fraud occurs when food products are deliberately misrepresented, mislabelled, or adulterated to deceive consumers, mostly for financial gain, by selling cheaper or inferior products as premium ones. A notorious example being the 2013 horsemeat scandal in Europe, where horsemeat was found in products labelled as beef, resulting in public outrage and large-scale recalls.
Food fraud can create several health risks for consumers, in extreme cases, fraudulent food has led to sickness and death. As such, offences are treated very seriously.
Food safety breaches
Criminal food safety violations involve the sale or distribution of food that pose a risk to public health. This can result from negligence or intentional conduct in not following food safety standards.
Food safety breaches occur when food is produced, handled, or distributed in ways that compromise its safety, such as unsanitary production conditions, improper storage, cross-contamination, or failure to follow hygiene protocols. Examples include the presence of harmful bacteria like Salmonella or E. Coli, the improper labelling of allergens or use of expired ingredients. These breaches pose serious health risks and in some cases death, as was the tragic case of teenager Natasha Ednan-Laperouse who died as a result of an allergic reaction to a baguette she had eaten which did not display allergen information on the packaging. Her death was instrumental in Natasha’s Law being brought into effect in 2021 which requires all food outlets to provide full ingredient lists with clear allergen labelling.
This has undoubtedly helped to increase consumer confidence, but some argue that the law has not gone far enough. Calls are being made for ‘Owens Law’ to come into effect, compelling restaurants to set out in writing at the point of ordering and without the customer having to ask, when one of the fourteen major allergens, prescribed by EU law, appear in their dishes. Similarly, the family of James Atkinson are campaigning for better regulation of food Apps after an inquest conclusion that he died of anaphylaxis after eating a takeaway pizza which contained peanuts.
Whilst some argue that the law doesn’t go far enough, prosecutions under the Food Safety Act and the Food Safety and Hygiene Regulations are on the increase. Offences are triable either way meaning they can be heard in the Magistrates’ Court or Crown Court, with sentences ranging from an unlimited fine to two years in custody. Offences range from isolated incidents and minor failings to a flagrant disregard for the law. A food business operator will be required to demonstrate that it took all reasonable steps to prevent food safety breaches occurring – a robust system documenting what steps were taken will be required including their chosen HACCP system, cleaning schedule, evidence that their workplace environment is compliant and demonstrating how it prevents cross-contamination. In addition, consideration should be given to waste disposal, pest control and use of suppliers.
Regulatory bodies impose strict penalties on companies involved in these breaches. Trading standards authorities play a crucial role in combating food fraud by ensuring that products meet legal requirements for safety, labelling, and authenticity, by completing inspections, market surveillance, and testing of food products to identify cases of abuse.
Trading standards officers work closely with those in the food industry to enforce compliance and act against offenders. When fraud is detected, they have the authority to issue fines, enforce product recalls, force closures, or pursue criminal prosecutions, helping to protect consumers from deception and uphold market integrity. They also promote public awareness and education, encouraging consumers to report suspected fraud.
Conclusion
Food fraud and food safety breaches are complex and widespread, they undermine the integrity of the food supply chain, undermine consumer confidence and pose significant risks to consumers.
Sectors
The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at October 2024.