Food & Drink Update – February 2019


What the Resource and Waste Strategy means for[...]
The Government published the Resource and Waste Strategy for England on 18 December 2018. Key […]
The Government published the Resource and Waste Strategy for England on 18 December 2018. Key policies affecting food and drink businesses include the following.
A £15 million pilot fund to help reduce food waste
WRAP has identified 205,000 tonnes of food that could potentially be redistributed and that enough food for about 250 million meals a year is edible and readily available but currently is used as a fuel for energy from waste or animal feed. The scheme will be developed in collaboration with businesses and charities for launch in 2019.
Annual reporting of food surplus and waste by larger food businesses
There will be consultation on the following measures applying to “larger food businesses” (not defined):
- Annual reporting of food surplus and waste. The Government wants to see businesses of “an appropriate size” (not defined) use data on food waste and WRAP’s Food Waste Reduction Roadmap (which gives guidance on how businesses can cut waste in their own operations and replicate this with their suppliers and consumers) to set a reduction target and to report their food waste transparently on an annual basis.
- Legal powers for mandatory food waste targets and surplus food redistribution obligations.
The definition of the appropriate size of a business to be caught by such measures will form part of the consultation.
Environmental permits for food waste storage
In 2019, the Environment Agency will review the rules around permits for food waste storage facilities with a view to supporting further redistribution of surplus food.
Cross sector collaboration through the Courtauld 2025 Commitment
The Government states continued support for the voluntary Courtauld 2025 Commitment, which aims to reduce per capita UK food waste by 20% between 2015 and 2025, and “urges” business to:
- Identify food waste hotspots across the supply chain and see how they influence each other.
- Understand barriers to reducing food waste and improving resource efficiency.
- Agree practicable solutions, within the context of technical or commercial constraints.
- Develop best practice for industry-wide adoption, and any associated guidance.
Food waste strategies for the hospitality and public sectors
- There is to be guidance for the hospitality sector and the public sector to support in reducing food waste, including best practice examples.
- Around a third of hospitality and food service food waste is from catering in schools, hospitals and other public sector institutions. The strategy recognises the Plan for Public Procurement which provides a framework for buying standards for food and catering in the public sector.
- The Government promises future work with the NHS to support the creation of a new ‘food standard’ for NHS hospital trusts, keeping sustainability and food waste as key priorities.
- To tackle food waste in schools, WRAP guidance will be developed and widely promoted.
Seeking powers to protect food producers
- It is estimated that around 2.5 million tonnes a year of food produce, worth around £800 million, is lost in production, in some cases “through unfair contractual practices”. It is proposed to introduce sector-specific statutory codes of contractual conduct to protect producers from exposure to unfair practices such as late changes to product specifications, or order cancellations with insufficient notice for a producer to find an alternative commercial outlet for the produce.
- A £10 million collaboration fund is to be developed for groups of producers interested in pursuing joint business models, e.g. funding for joint initiatives seeking alternative commercial outlets for non-specification goods, or support to establish short supply chains.
Packaging waste
- Packaging waste legislation reform and the deposit return system for drinks bottles, which are to be consulted on in 2019, could affect the food and drink manufacturing sector.
For advice on what this Strategy means for you, please contact Ben Sheppard or your usual Walker Morris Food and Drink Group contact.

Changes on the horizon for allergen labelling
The Food Standards Agency has launched a consultation into the labelling of allergens on pre-packed […]
The Food Standards Agency has launched a consultation into the labelling of allergens on pre-packed foods for direct sale.
‘Pre-packed foods for direct sale’ are foods that have been packaged on the same premises from which they are being sold, for example sandwiches or boxed salads that have been made by staff in the shop and placed on the shelves for sale. These foods are currently not required to carry labels or information on any allergens that might be contained in the food.
Following a number of high profile instances of allergic reactions ending with terrible consequences, the Food Standards Agency (FSA), together with Defra and the Department for Health and Social Care, have launched a consultation with the aim of improving the labelling of products.
FSA Chairman, Heather Hancock said: “It’s really important that people take this opportunity to have their say, especially those living with a food allergy or intolerance. Clear, accurate and visible allergen labelling is vital to protect the thousands of people at risk of allergic reactions, when buying their daily sandwich, salad or snack to eat on the go. Food businesses have a duty to protect people with food allergies and we welcome the real progress that many have made. This review is looking at whether businesses should do more to keep their customers safe. We all deserve food we can trust, and I encourage everyone to let their voices be heard.”
Food businesses and allergy sufferers are being invited to give their opinion on four options put forward to change the way information is provided on packaging, namely:
- mandating full ingredient list labelling. This could include allergens being emphasised in bold as for prepacked foods
- mandating allergen-only labelling on food packaging
- mandating ‘ask the staff’ labels on all products, with supporting information for consumers available in writing. The information could include allergen information on the full list of ingredients
- promoting best practice around communicating allergen information to consumers.
WM Comment
The consultation closes on 29 March 2019 and we will report back on the FSA’s conclusions.

ASA ruling on Heinz Baked Beans advert
The Advertising Standards Authority has issued a ruling on whether an advert for Heinz Baked […]
The Advertising Standards Authority has issued a ruling on whether an advert for Heinz Baked Beans was in breach of the CAP Code regulating health claims in foods.
In September 2018, an advertisement on the television for Heinz Baked Beans, began with two men standing in an office kitchen. One of them, who was wearing gym clothing, said, “I’ve just returned from a high intensity workout, plus a few hours of lifting some seriously heavy weights.” On-screen text stated “Protein contributes to a growth in muscle mass”. The microwave pinged and the other man took out a tub of baked beans. The first man asked, “What’s that?” to which the other replied, “I’m just having some beans”. On-screen text stated “High in protein High in fibre Low in fat”. The final scene showed a tin of Heinz baked beans next to a plate of jacket potato and baked beans. Text on the screen stated “Good for you, without going on about it.”
The Advertising Standards Authority (ASA) received a number of complaints that the advertisement made an implied health claim in that it equated eating baked beans with the health benefits of exercise.
According to the CAP Code, only health claims listed as authorised on the EU Register are permitted in marketing communications. The CAP Code defines health claims as those that state, suggest or imply a relationship between a food, or ingredient, and health. The Code goes on to say that advertisements must not give a misleading impression of the nutrition or health benefits of the product as a whole and factual nutrition statements should not imply a nutrition or health claim that cannot be supported.
The ASA concluded that the advert was not in breach of the CAP Code. It considered that consumers were unlikely to interpret the advert as claiming that going to the gym and eating Heinz Baked Beans had the same beneficial effect on the body. Instead the ASA considered that consumers would understand the scenario as suggesting that both of those things were beneficial to health in their own way.
WM Comment
If you need help staying on the right side of the CAP Code please get in touch and one of our experts will be able to advise.

New audit report into chemical hazards in food
The European Court of Auditors (ECA) has published a new audit report highlighting the shortcomings […]
The European Court of Auditors (ECA) has published a new audit report highlighting the shortcomings in the EU food safety model in relation to chemical hazards in food. The report states that the rules to keep food safe from chemical hazards are soundly based and respected world-wide but it concludes that the food safety model is over-stretched and faces certain challenges.
The report highlights that many measures to regulate chemicals in food remain outstanding, for example the recommended safe levels of vitamins and minerals in food supplements, and that food safety rules are not properly enforced. It recommends that legislation is reviewed with a mind to closing the regulatory gaps.
The European Consumer Organisation (BEUC) has issued a press release urging the European Commission to listen to the ECA and improve consumer protection from harmful chemicals in food.
WM Comment
We will keep you updated with any proposals that come out of the discussions.

Consultation launched into restricting promotions of HFSS food and drink
The Department of Health and Social Care has issued a consultation on proposals to restrict promotional […]
The Department of Health and Social Care has issued a consultation on proposals to restrict promotional offers on foods that are high in fat, salt and sugar (HFSS). The consultation was launched on 12 January 2019 and is seeking views on a plan to ban price and volume offers for foods that are high in fat, salt and sugar.
The consultation asks for views on:
- restricting volume-based price promotions of HFSS food and drink that encourage people to buy more than they need, for example, ‘buy one, get one free’ and free refills of sugary soft drinks
- restricting the placement of HFSS food and drink at main selling locations in stores, such as checkouts, aisle ends and store entrances.
The consultation also seeks views on:
- which businesses, products and types of promotions should be included in the restrictions
- definitions for HFSS products, price promotions and locations in stores
- how businesses can put this into practice and whether they will face any difficulties.
The stated aim of the Government is to reduce excessive eating and drinking of HFSS products that can lead to children becoming overweight and obese. Government also wants businesses to promote healthier food and drink, to help people make healthier choices.
WM Comment
The consultation period for feedback on the proposals closes on 6 April 2019.

Food manufacturers fined following serious injuries to employees
Two food manufacturers have been ordered to pay large fines after breaches of health and […]
Two food manufacturers have been ordered to pay large fines after breaches of health and safety legislation resulted in employees getting seriously injured at work.
A poultry-processing company has been fined £866,650 plus costs of £11,651 after admitting to the breach of Regulation 17 of the Workplace (Health Safety and Welfare) Regulations 1992. The breach occurred in January 2017, when an employee was struck by a forklift truck causing serious leg injuries which resulted in the man’s left leg being amputated above the knee.
The accident happened when a forklift truck was driven into the yard to drop off some pallets. The driver reversed around a trailer and didn’t see a yardman who was standing behind the trailer. The forklift hit the yardman causing life-changing injuries.
An investigation by the Health and Safety Executive (HSE) found that there was an inadequate system of segregation in the yard to separate people and vehicles. Speaking at the hearing HSE inspector Lindsay Bentley said: “The employee’s injuries were life-changing and he could easily have been killed. This serious incident with devastating injuries could have been avoided if basic precautions had been put in place.”
Since the incident, procedures have been put in place so that the yardman is segregated at all times from forklift trucks when they are operating in the yard. The prosecution comes just days after another food manufacturer was fined £274,000 after two different workers lost a finger and thumb in separate incidents at a UK processing site. In both cases, the workers became trapped in moving machinery which resulted in a finger and thumb being severed.
After an HSE investigation, it was found that the company failed to have adequate measures in place to mitigate the consequences of a worker becoming trapped in a machine and that it failed to ensure that safe isolation procedures were followed. Accordingly the company was found to be in breach of the Health and Safety at Work Act 1974 and the Provision and Use of Works Equipment Regulations 1998.
WM comment
These two prosecutions illustrate what was said after the hearing by the HSE inspector: “Companies should be aware that HSE will not hesitate to take enforcement action against those that fall below the required standards.” The Team at Walker Morris are experienced in all aspects of Health and Safety law and how it applies to food businesses so contact us if you need advice in this area.
For a recent quote by one of the team in the Food Manufacture publication click here.

FSA launches consultation into controls on raw milk
The Food Standards Agency has issued a consultation on the requirements for sale and use […]
The Food Standards Agency has issued a consultation on the requirements for sale and use of raw dairy milk.
On 7 February 2019 the Food Standards Agency (FSA) issued a consultation on the requirements for enhanced controls in the sale and use of raw dairy milk in food products.
Under the proposals, the producers of raw milk will be required to have an effective and verified Food Safety Management System in place. This would include the regular testing for pathogens commonly found in raw milk.
WM Comment
The consultation period for feedback on the guidance closes on 30 April 2019.

New guidance on food safety recalls and withdrawals
The Food Standards Agency (FSA) has drafted new guidance setting out the roles and responsibilities of […]
The Food Standards Agency (FSA) has drafted new guidance setting out the roles and responsibilities of key participants involved in food safety withdrawals and recalls. The guidance advises food businesses and enforcement authorities on how to comply with legislation when dealing with food safety withdrawals and recalls. It also provides advice on best practice and helps food businesses comply with food safety requirements.
The guidance includes advice on:
- traceability systems
- making a decision to withdraw or recall food
- clarifying the roles and responsibilities of those involved in a food recall
- how to plan for and manage a food safety withdrawal or recall
- the key principles to effectively inform consumers of a food recall, including a template for a point of sale notice for use in retail stores
- supporting industry to make trade communications consistent and effective.
Philip Randles, Head of Incidents and Resilience at the FSA said: “This guidance has been created with food businesses in mind, to help them carry out food safety withdrawals and recalls with greater ease and effectiveness. It’s been developed in partnership with representatives from the food industry, enforcement authorities and consumer organisations and is a key outcome from our joint review with Food Standards Scotland of the UK’s current system. We would welcome feedback. The responses we receive will help us to make sure the guidance is beneficial and helpful to businesses in the event of a food safety incident.”
WM Comment
The consultation period for feedback on the guidance closed on 4 February 2019 and the FSA plans to publish the final version of the guidance by June 2019. We will keep you updated.