Legislation Flashcards
Food and Environmental Protection Act - 4 objectives
1.Protection of health - Trained in use, following product label, approprite PPE & RPE, appropriate application equipment, exclusion times.
- Safeguard environment - Ensuring pesticides are not damaging, ERA, risk hierachy, use of product with occordance to the label, triained in use
- Secure safe & humane methods - Pesticides are tested and approved, trained in use, traps are humane, follow industry codes of practice.
- Information about pesticides - treatment report, SDS, COSHH, product label, warning label, site plan
Animal welfare Act 2006
Offence to cause unnecessary suffering to an animal under control of man, including humane despatch and treatment of animals in traps or nets.
Animals provided with food and water, shelter away from predators, checked regularly (12 hours), correct trap for species.
Enforced by police, RSPCA, Magistrates max 12 months and 20k fine, crown max 5 years per offence
Wild mammals protection Act 1996
Offence to inflict unnecessary suffering to any wild mammal.
Dispatch animals humanely with a single sharp blow to back of head or shooting using a suitable firearm
Wildlife and Countryside Act 1981
Prohibits the use of self-locking snares, bows, crossbows or explosives other than firearm ammunition.
Can use free running snares, must be checked once a day in daylight hours
Main restrictions on the control of birds
Gives protection to wild animals e.g bats, red squirrels, otters etc
Invasive species
Prohibits certain control methods, protects wildlife, prohibits release of invasive species, importance of identifying non-targets, general licence, class licence, individual licence, authorised person for a cull
Lethal control of birds in last option
Prevention of Damage by Pest Act 1949
Responsibility of local authorities to keep district free of mice & rats
Local authorities can force neighbouring non-food premises to sort pest issues
Local authorities can undertake work and charge back
Food Safety Act 1990
Provides framework for all food legislation
Responsibilies of food businesses are: ensure food is not damaging to public health, quaility is what consumers expect, food is labelled, advertised anf presented to be not misleading or false
Magistrates - £200,000 per offence & up to 6 months
Crown - Unlimited fine & up to 2 years per offence
Do not allow pest activity to contaminate food
Do not sell products with pest evidence
Food Safety and Hygiene Regulations 2013
Food must be manufactured in a clean & hygienic premises, follow practices, not be unsafe, not be misleading, traced back to field and recalled if unsafe
Take precautions to prevent pest activity, regular inspections for pests, strict cleaning schedule, fly screens, insect light trap, maintain waste areas.
4 main categories of legislation
- Animal welfare & control - protect environment and non target species whilst ensuring target pest is treated in a humane manner
- Pesticide legislation - related to sale, use, storage and disposal of pesticides
- Health & safety legislation - protecting health & safety of employees and general public from activities being carried out a work
- Food & public health legislation - provision of food fit for human consumption and unsanitary condictions within neighbourhoods.
EU Directives
Does not apply nationally
Objective to be achieved
Approved Code of Practice
Issued by HSE
Preferred/recommended methods to comply with regulations and duties imposed by Health & Safety at Work Act
Guidance notes
Issued by HSE
Guidance to help understand how to comply with the law, explanations of specific requirements in law
Industry Codes of Practice
Set of enforceable rules, regulation and standard masure to regulate an industry.
Main purpose is to improve industry standard
Two types:
Mandatory - compulsory & enforceable to protect consumer
Voluntary - self-regulated
Not formal law but can be referred to in a court of law
Enforcement officer can take informal action and offer advice or take formal action such as a caution, fine or imprisonment
Pest Act 1954
Control of rabbits
Spring Trap Approval Order 2018
Under pest act 1954
Offence to use, sell or have any spring trap not approved under the order
Order lists trap type, manufacturer and authorised use
Small Ground Vermin Traps Order 1958
Use of break-back traps for destruction of rats and mice and spring traps used for catching moles
Protection of Badgers Act 1992
Offence to kill, injure or take a badger, interfere with sett and environment
The Animals (Cruel Poisons) Act 1962
Restricts use of certain products, only registered pesticide can be used and used correctly
Control of Pesticides Regulation 1986
Sits under food and environment protection act
Only approved pesticides may be advertised, supplied, stored or used, approval sets specific conditions of where, how and against that it can be used.
Public Health Act 1961
Local authorities can serve notice in regard to control of vermin, notice for drains, remocal of rubbush, feral pigeons
Environmental Protection Act 1990
Regulations concerned with pesticide disposal, control of birds in residential areas using audile scarers
Pesticide waste disposed of correctly
Production of waste consignment notes
Due Diligence Defence
Under Food safety act 1990
A charged person proves that they have taken all reasonable precautions to avoid offence been commited
Authorised Officers
Trading Standards Officers - not food safety, weights & measures, food sold as described
Environmental health officers - new business, hygiene training, investigate complaints, investigate food poisoning, premise inspections, food hazard & allergy alerts, planning applications, licensing applications, home authority referrals
Food safety officers - specialise in food safety
Remit of EHO
Ensure product safety, fit for consumption
Reducing sources of contamination
Monitoring conditions and hygienic practices
Compliance with legislation
Establish integrity of management and effectiveness of control procedures
Check training & competence
Offer professional guidance and advice
Have a right to enter food premises without notice
2 main purposes of food hygiene inspections
Identify risks arising from food businesses and determine how effective the controls are
Identify breaches of food legislation and seek corrections