Food poisoning
Food poisoning is an illness caused by eating food contaminated with bacteria, viruses or toxins, known collectively as "pathogenic micro-organisms".
Public awareness of the issue has been raised by increasing reports in the media. In 1996, for example, cold meat was contaminated with one of the most common types of food poisoning, E coli, at a butcher's shop in Scotland and 21 people died. About 5.5 million people believe they have suffered from food poisoning, according to a report published in February 2002 by the Food Standards Agency, but the real figure is probably higher. Many people who experience symptoms do not visit their doctor and not all cases are reported or diagnosed.
Often the diner won't realise immediately if there is something wrong with the food. The harmful bacteria that cause food poisoning don't necessarily affect the food's taste or smell, and symptoms can take anything from a couple of hours to a few days before becoming apparent. Symptoms can include nausea, vomiting, abdominal pain, diarrhoea and fever. In some extreme cases food poisoning can be fatal, and the elderly, pregnant women, children and people who are already ill may be particularly vulnerable.
The most common types of bacteria that cause food poisoning
| Type | Sources | Duration | Onset |
| Salmonella Can cause serious illness and fatalities in people at risk, such as elderly and children. | Naturally occurring in animals and is transferred to meat during the slaughtering process. Also found in eggs, unpasteurised milk, rats and mice. | 1-8 days | 6-72 hours Usually 12- 36 hours |
| Campylobacter Most common cause of diarrhoea. Can cause severe pain and fever. | Can be found in animals, birds, untreated water, raw poultry, raw meat and unpasteurised milk. | 1-7 days | 1-10 days Usually 2-5 days |
| Escherichia Coli (E coli) 0157 Causes serious illness and fatalities. | Naturally occurring in animals, undercooked meat and unpasteurised dairy products. | 2 weeks | 3-4 days Can last from 1-14 days |
| Listeria Causes serious illness, but the number of reported cases is low. | Occurs in cattle, sheep, silage, effluent, dairy products and meat pastes. May survive refrigeration. | Variable | 3-70 days |
Legal requirements and consequences
If workers or customers are struck with food poisoning, the caterers who supplied the food may be liable under both criminal and civil law, no matter how many people are affected.
The business, and in extreme cases its directors and officers, can be prosecuted under the Food Safety Act 1990 and associated regulations, such as the Food Safety (General Food Hygiene) Regulations 1995 and the General Product Safety Regulations 1994.
Enforcement authorities prefer to take action under specific food safety legislation rather than the more general regulations. Codes of practice and guidance notes are also applicable even though they are not directly enforceable. However, the extent to which an organisation has followed codes or guidance is relevant in defending a prosecution.
Food safety legislation is enforced by environmental health officers from local district or county councils. Trading Standards officers have responsibility for consumer protection and product safety. There is a degree of liaison between these two regulators governed by the Local Authority Co-ordinating Body on Food and Trading Standards (LACOTS), which produces some guidance on food safety.
Some of the offences associated with food poisoning are shown below:
Rendering food injurious to health
Section 7: Food Safety Act 1990
This offence requires intent, so is not particularly applicable to food poisoning cases. In other words, a person has to deliberately add or use a potentially harmful substance, or subject the food to any other harmful process or treatment with the intent that it shall be sold for human consumption.
When investigating this offence, authorities will consider:
- the probable effect the food had on the health of the person consuming it
- the probable cumulative effect of such food on the health of a person consuming it in ordinary quantities.
Penalty at magistrates' court: fine of up to £20,000 and/or a prison term of up to six months.
Penalty at Crown Court: unlimited fine and/or a prison term of up to two years.
Selling, offering, exposing or advertising for sale, possessing, depositing or consigning for sale food which does not comply with food safety requirements Section 8: Food Safety Act 1990
Not complying means:
- rendering food injurious to health (see above)
- the food is unfit for human consumption
- the food is so contaminated it is unreasonable to expect people to consume food in such a state.
Penalty at magistrates' court: a fine of up to £20,000 and/or a prison term of up to six months.
Penalty at Crown Court: unlimited fine and/or a prison term of up to two years.
Selling food that is not of the nature of substance or quality demanded by the purchaser Section 14: Food Safety Act 1990
Penalty at magistrates' court: a fine of up to £20,000 and/or a prison term of up to six months.
Penalty at Crown Court: unlimited fine and/or a prison term of up to two years.
Environmental health officers routinely inspect premises to check compliance with food safety and food hygiene requirements. They have the power to enter premises at any time and seize suspected food, so caterers should make provisions for unplanned visits. Obstructing the environmental health officer is also an offence under the Food Safety Act 1990.
As a defence in relation to offences under the Food Safety Act 1990, caterers can claim due diligence. (See article on due diligence defence).
The customer or worker who has suffered from food poisoning can bring a civil claim against the caterer for negligence. The amount of compensation awarded depends on the level of injury sustained.
by Charles Arrand
Charles Arrand is an associate at the regulatory group at law firm DLA.
