New Food Business Advice and Registration
If you are considering starting up a new business we hope that these guidance notes are helpful to you, but you should note that every business poses different potential problems.
During a visit the proprietor will be able to gain an understanding of what is expected of them, with regards to legal requirements and good practices and will have an opportunity to ask questions and discuss any areas of concern with the inspecting officer.
You should also be aware of the possible need to consult with other departments within the Council and other relevant Authorities. Before undertaking a project you should also check whether the work may require Building Regulations approval or Planning Permission. The Regulatory Reform (Fire Safety) Order 2005 should also be complied with. There are several things you need to think about before you start a business:
Food Business Registration
You must register your business with the local authority at least 28 days before opening, however registration is free. Registrations applies to virtually all types of food businesses, including catering businesses run from home and mobile or temporary premises, such as stalls and vans. If you have more than one business, you will need to register them all.
Register online here: Food Standards Agency Online Registration
Mobile and/or temporary premises include marquees, stalls and vans. Premises mainly used as a private dwelling could also be a B&B or a cake making business, which will require registration although the requirements are slightly different and allow greater flexibility.
If you store, prepare, distribute or sell food (including drink) on the premises you need to be registered with the local authority. Premises include restaurants, cafes, hotels, shops, canteens, market stalls, B&B's, home bakers, mobile catering vans and food delivery vans.
All food business operators must be registered with the local authority. A registration form (available below) needs to be completed by food operators in respect of new food business establishments and submitted to the relevant competent authority 28 days before commencing food operations.
If you are a farmer or animal feed haulier you will need to register with Devon and Somerset Trading Standards for Feed and Food Hygiene Regulations, which can be done here: Devon, Somerset and Torbay Trading Standards Service - Farming Standards
Some food manufacturers handling products of animal origin may need to be approved by the local authority or the Food Standards Agency , rather than registered. If you are uncertain whether your business needs to be approved or registered, contact us for more information.
Tacit Consent does not apply, as it is in the public interest for Sedgemoor District Council to process your Food Registration application before it can be granted. If you have not heard from us within a reasonable period, please contact us on the telephone number below.
For information on the requirements for allergen labelling, please see Food Allergen Information for Businesses.
Health and Safety
Every employer has a duty under the Health and Safety at Work etc. Act 1974 to ensure so far as is reasonably practicable, the health, safety and welfare at work of all your employees, customers, visitors and on site contractors and this may impact on the design, construction and operation of food premises.
You should assess the risk to the health safety and welfare of anyone who is affected by the undertakings of the business.
An assessment of risk is no more than a careful examination of what, in your work, could cause harm to people, you must then decide whether you have taken adequate precautions to control these risks or should do more to prevent them. The aim is to make sure no one gets hurt or becomes ill.
Accidents and ill health can ruin lives and affect your business. If you have fewer than five employees you do not need to write anything down, but is you have five or more employees you must record the findings of your assessment.
Most businesses are more than capable of carrying out their own assessments, If feel that you need help please contact us, our help is free and can save you time and money.
If however you would prefer to use a consultant to help you, please ensure that they are competent and on the Occupational Safety and Health Consultants Register (OSHCR). The register was set up with the help of the Health and Safety Executive to provide a reliable source of health and safety advice. You are still liable for the acts and omissions of your company, even if acting on the advice of your consultant.
Food Consumer Complaints
We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form of a letter (with proof of delivery). If that has not worked, if you are located in the UK, Citizens Advice will give you advice. From outside the UK contact the UK European Consumer Centre.
Storage and disposal of waste
Adequate arrangements must be made for the hygienic storage and disposal of waste.
You must ensure that the company that removes your waste is a registered as a Waste Carrier with the Environment Agency. Ask to see their original licence, not a copy, and ensure you know where your waste will go. You may be held accountable if you give your waste to a non-registered carrier and it is later fly tipped.
You can check online to see if they are registered with the Environment Agency here: Environment Agency - Register of waste carriers, brokers and dealers or call the agency on 03708 506 506* (Mon-Fri 8am-6pm).
*Calls to 03 numbers cost no more than a national rate call to an 01 or 02 number and must count towards any inclusive minutes in the same way as 01 and 02 calls. These rules apply to calls from any type of line including mobile, BT, other fixed line or payphone
Public sanitary accommodation
You will need to provide public toilets if you are running a business classed as a place of entertainment or you are selling food and drink to the public for consumption on the premises. Guidelines on the number of toilets needed are given in the British Standard 6465: PART 1:1984