10 questions, graded as you go, with the reason for every answer. Start free, no sign-up.
What this covers
Food Safety Act 1990
Enforcement
Due diligence
Enforcement notices
Registration
Training
Responsibilities
Food Hygiene Rating Scheme
Traceability
Penalties
Hygiene regulations
Unsafe food
Sample questions
What does the 'due diligence' defence require a food business to show?
It has never before been prosecuted for any food offence
It took all reasonable precautions to avoid the offence
It corrected the fault within 14 days of being told
It holds a food hygiene rating of 4 or above
Show the answer
B. It took all reasonable precautions to avoid the offence
The defence is that the person took all reasonable precautions and exercised all due diligence to avoid committing the offence. Putting things right afterwards is sensible but is not the defence: the precautions must have been in place before the offence happened.
A takeaway is accused of selling undercooked chicken. Which of these would best support a due diligence defence?
Dated cooking temperature records and staff training records
A letter from a regular customer praising the food
The owner's statement that staff are always careful
A receipt showing the chicken came from a wholesaler
Show the answer
A. Dated cooking temperature records and staff training records
Written, dated records of checks and training are evidence that reasonable precautions were actually being taken at the time. The owner's word alone is tempting but carries little weight, because a court looks for proof that the system existed and was followed.
Reference: Food Safety Act 1990, s.21; FSA guidance on food safety management records
When may an authorised officer enter a food business to carry out a hygiene inspection?
Only after giving the owner 24 hours' written notice
Only when the owner agrees a suitable date
Only once a court has issued a warrant
At any reasonable time, without giving notice
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D. At any reasonable time, without giving notice
Authorised officers have a right to enter food premises at all reasonable hours and routine inspections are normally unannounced. A warrant is only needed in limited cases, such as when entry has been refused or for a private home, so it is not a general condition.
