Proper control of all foods is part of a due diligence defense, which is most important in any food business. By keeping proper records, your business is protected from legal action against you under the Food Safety Act. Food Defense is the effort to protect food from adulteration or intentional handling. In Ireland, food business operators have a legal obligation to sell safe food and an implied duty to exercise due diligence towards their customers. Due diligence with regard to food safety measures involves taking «all reasonable precautions», which in practice means implementing the safety control measures and management procedures set out in certain framework documents such as the Hazard Analysis Critical Control Point (HACCP) system and the Quality Management Process (QMP). The most important food safety system you should keep a complete record of is your HACCP system. It is important to regularly review your system and conduct proper food and HACCP risk assessments to ensure that your procedures are still adequate. The easiest way to do your due diligence is to keep complete records of all the ways you manage your food safety system. Biological contamination is the most common hazard that can result from unsafe food handling practices. It is these harmful pathogens that cause these foodborne illnesses.
With regard to the criminal offence of placing dangerous food on the market, the defence of the duty of care under Article 5(3)(b) of the European Communities (General Food Law) Regulations 2007 (S.I. No. 747 of 2007) is possible. The duty of care defence in a criminal food safety prosecution can only be demonstrated in practice by the presentation of implementation protocols in good faith and more than mere oral evidence of the precautions taken by the defendants. A system must be put in place to demonstrate that the necessary controls, tests, inspections and surveillance to prevent the commission of the infringement have been carried out correctly. Due diligence is an investigation of a company or individual before signing a contract. Sometimes this is a legal requirement, but in most cases the term applies to voluntary investigations before undertaking a task. The Food Safety Preventive Controls Alliance (FSPCA) Subcommittee, Intentional Adulteration – A broad public-private alliance of key representatives from industry, academia and government to help the food industry comply with the IA rule and better understand these requirements. Cleaning and disinfecting are the two processes that can keep your kitchen germ-free and ready to use. The purpose of cleaning is to remove dirt from preparation and serving surfaces such as utensils, cutting boards, dishes, utensils and pans.
Under the Food Safety Act of 1990, protection with a due diligence defence is the best way to avoid legal problems. An easy way to prove due diligence is to make sure you follow the 4cs of food safety. Integrate them into your food safety system and document your procedures in your records. A food business operator`s legal ability to conduct due diligence may extend to a variety of areas, such as: The food safety records you keep on the premises may be your only protection against prosecution. These records and their care will prove that you did everything you could to ensure food safety. An EHO will ask you questions about food safety due diligence and use your evidence to determine if your business is operating safely. Imagine that a restaurant receives a shipment of meat and the operator does not keep delivery records. A few days later, we learn in the news that guests have been sent to the hospital due to food contamination. How will the restaurant prove that it did everything it could to prevent this? Implementation and maintenance of a food safety management system based on HACCP (Hazard Analysis Critical Control Points) principles Anyone who works where food is produced, sold or served must undergo appropriate training in food hygiene. At iHASCO, we want to make training easier.
Store raw foods on shelves under ready-to-eat foods Depending on the size of your business and the severity of the outcome, the fine can range from «Phew, I`m not going to do this again» to «What did I do?» For individuals, these fines are also unlimited and there can be up to 2 years imprisonment for food hygiene depending on the offense, with the possibility of additional prosecution depending on your area of service. Familiarize yourself with the idea of learning more on your own. To demonstrate due diligence, all food businesses should ensure that their records cover: A person who handles food has many responsibilities and must understand that food that has been mishandled naturally carries a high risk of contamination. Serious illness and even death can be caused. It is absolutely mandatory for a grocer to stay away from cooking and food if they have symptoms that could cause them to contaminate food with their bodily fluids. Your staff must be properly trained. For example, in the event of a foodborne illness outbreak, HACCP testing determines that the safety of a particular food requires adequate temperature control at one or more stages of production, storage and distribution. Therefore, the submission of appropriate temperature readings in accordance with the HACCP risk assessment is the only practically acceptable means, along with other necessary food safety measures taken to demonstrate due diligence and that all appropriate safety measures have been taken to the satisfaction of the food enforcement officer and a criminal court. The FDA plays a leading role in a number of food defense initiatives aimed at protecting foods from adulteration or intentional adulteration and helping establishments prevent, prepare, respond, and recover from intentional adulteration of the food supply. In addition, the FDA has developed several food defense tools, food defense training, and educational resources to further support these efforts. The FDA`s Food Safety Modernization Act (FSMA) is transforming the nation`s food safety system from responding to foodborne illnesses to preventing them.