Food for thought: legal aspects of food provision

Abstract

Purpose

The purpose of this paper is to show that in any business operation legal constraints and requirements impact upon the activities undertaken with the particular focus of reference to the provision of food in a public house and restaurant setting.

Design/methodology/approach

The methodology adopted is that of qualitative secondary research drawing on published materials in the form of legal regulations and judicial precedents, and from governmental organisations, trade associations and news articles. This approach is appropriate to the nature of the work, which seeks to raise an awareness of some of the hazards and ramifications, which may result from a failure to appreciate and observe legal standards of conduct.

Findings

The research carried out for this paper reveals examples of the range of legal measures under both the criminal and civil law in the UK which should be met in the commercial provision of food, thereby, in part, contributing to the success and reputation of the business. The rationale for both criminal and civil law is indicated together with the means of enforcement and the consequences of infringement.

Research limitations/implications

The work is not intended to constitute a comprehensive or speculation‐free statement of the totality of the legal measures which operate in this area, nor to be technical in nature, nor to amount to legal advice, but it is intended to highlight some of the legal pitfalls which may await the unwary or insouciant in the supply of prepared food meals to customers and consumers. Each country has its own legal system and regulations in varying degrees, although there may be similarities in certain respects, such as in the common law jurisdictions of the Commonwealth and the USA, which have been influenced by English law. Within its areas of legal competence, the European Union has sought to effect harmonisation amongst the member states. As there is no universal system of the legal regulation of food provision, this makes it imperative that appropriate guidance and advice are obtained locally before commencement of activity. To keep within reasonable bounds, this paper is confined to UK law. However, this should serve to exemplify the standards of a democratic and commercially sophisticated country with regard to the subject matter under examination.

Practical implications

The paper concludes with a number of suggestions of a practical character, which may be of interest to those engaged in the provision of food in public houses and restaurants.

Originality/value

The material employed in this work has been gathered from a variety of sources, with the intention that the selections made, together with the interpretations given, serve a useful function in bringing into prominence that in the provision of food, with particular reference to those operating public house and restaurant businesses, it is essential that proper attention is given to all necessary legal considerations.

Citation

Potter, S. (2012), "Food for thought: legal aspects of food provision", Worldwide Hospitality and Tourism Themes, Vol. 4 No. 3, pp. 277-287. https://doi.org/10.1108/17554211211232418