What is Due Diligence in Food Safety?

23/07/2019

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As a food business, can you prove that you took all reasonable precautions and exercised all due care to prevent a food safety offence?

Due diligence in food safety is your legal defence under the Food Safety Act 1990.

It means being able to demonstrate that you did everything reasonably possible to prevent food from becoming unsafe, contaminated, mislabelled, or harmful to consumers and that you have the records to prove it.

If you work in a food establishment, you may have come across the term food safety due diligence. All food business operators, managers, supervisors and food handlers have a responsibility to ensure food is safe at every stage from delivery and storage to preparation and service.

However, it is not enough to simply follow safe practices. You must also be able to evidence and document them.

That documented evidence is what forms your due diligence defence.

The Food Safety Act 1990 paved the way for later laws & EU food regulations, creating a consistent, science-based approach to food safety.

Why Is the Food Safety Act 1990 Important?

Just imagine biting into a salad, only to discover it's contaminated with harmful bacteria. Or buying a burger thinking it's a standard beef burger, only to find out it actually contains horsemeat. These aren't made-up scenarios, they are real events that happened in the UK, showing exactly why food safety is so crucial, it's about protecting lives, preventing illness, and making sure the food we eat is what it says it is!

The Food Safety Act 1990 is the primary legislation governing food safety in the UK. It places legal responsibilities on food businesses to ensure that:

• Food is not harmful to health
• Food is of the nature, substance and quality consumers expect
• Food is not falsely described, advertised or presented

If a food business breaches these requirements, it may face prosecution.

However, under Section 21 of the Act , a business can use due diligence as a defence but only if it can demonstrate that it took all reasonable precautions and exercised all due care to avoid committing the offence. Without documented systems and records, this defence becomes extremely difficult to prove.

The Food Safety Act isn't just rules on paper. It prevents illness, protects consumers, and holds businesses accountable, whether it's preventing contamination, mislabelling, or use of unsafe imports.

Who Is Responsible for Food Safety in a Business?

The ultimate responsibility for food safety rests with the Food Business Operator (FBO), usually the business owner. This means they are legally accountable for ensuring that all food handled within the business is safe for consumption. While day-to-day tasks can be delegated to managers, supervisors, or designated food safety personnel, the FBO must ensure that proper systems are in place and functioning effectively.

food safety controls such as:

• HACCP implementation
• Cleaning schedules
• Temperature monitoring
• Staff supervision and training

Food handlers must be properly supervised, instructed and trained in food hygiene matters appropriate to their work activity. While tasks can be delegated, legal responsibility cannot.

2013 Horsemeat scandal led to a major overhaul in supply chain auditing and testing in the UK & EU meat industry. It demonstrates that due diligence is not optional, it's a legal and practical safeguard.

What Must You Prove to Demonstrate Due Diligence?

A food business must be able to demonstrate, with documented evidence, that it took all reasonable precautions and exercised all due care to prevent a food safety offence from occurring. Documentation does not automatically remove liability, but it provides objective evidence that your systems were in place, risks were identified, and appropriate control measures were implemented and monitored.

It shows that food safety risks were proactively managed through a structured system rather than left to assumption or informal practice.

To successfully rely on a due diligence defence, you must show that you:

• Identified potential food safety hazards
• Put controls in place
• Monitored those controls
• Took corrective action where necessary
• Maintained accurate records
• Trained and supervised staff appropriately
• Reviewed and updated systems when required

In short, you must prove that food safety is actively managed not assumed.

How Does HACCP Support Due Diligence?

HACCP helps prevent problems from happening, while due diligence proves you've taken the right steps. Each is valuable on its own, but together they protect consumers and safeguard your business. A documented food safety management system based on HACCP (Hazard Analysis and Critical Control Point) principles provides structured evidence that you are actively managing food safety risks.

HACCP supports due diligence because it provides:

• Proof that hazards were identified
• Proof that control measures were implemented
• Proof that monitoring took place
• Proof that corrective action was taken

This systematic approach demonstrates that food safety is proactively controlled rather than reactively addressed.

What Records Should Be Kept?

Good record keeping is essential to demonstrate due diligence. If a customer alleges food poisoning and Environmental Health Officers investigate, your ability to produce detailed records may determine whether enforcement action is taken.

It's not just tedious paperwork, it's your proof that you're doing the right thing. Imagine a customer becomes ill after eating at your establishment, and an Environmental Health Officer (EHO) shows up to investigate. The records you've kept can make the difference between demonstrating you took every precaution and facing enforcement action.

Typical due diligence records include:

• Cleaning schedules
• Approved supplier lists and traceability documentation
• Allergen management procedures
• Cooking, fridge and freezer temperature logs
• Delivery checks
• Pest control records
• Waste disposal logs
• Staff training certificates
• HACCP documentation and monitoring sheets

These records provide tangible evidence that your food safety systems are operating effectively.

Without them, it becomes significantly harder to demonstrate compliance with the Food Safety Act 1990.

Practical Example of Due Diligence in Action

Consider the following scenario:

This demonstrates due diligence because the employee is:

• Preventing contamination through handwashing
• Using clean and sanitised equipment
• Cooking food to a safe temperature

When these actions are supported by documented monitoring records, training certificates and a structured training matrix that evidences, competence and refresher training, they form part of a robust due diligence defence.

How Often Should Food Safety Training Be Renewed?

Regular training demonstrates that staff are properly supervised and instructed, as required under the Food Safety Act 1990 and Regulation (EC) No 852/2004. Level 2 Food Hygiene training course helps provide documented evidence that food handlers have received appropriate instruction in safe food handling practices.

Training plays a key role in demonstrating due diligence. While there is no strict legal renewal period, industry best practice is to refresh food safety training every three years, or sooner if:

• Legislation changes
• Job roles change
• New processes or menu items are introduced
• New equipment is installed

Up-to-date training supports your HACCP system, protects customers from foodborne illness, and reduces the risk of enforcement action. Due diligence in food safety is not just about following good practice it is about being able to prove that you followed good practice.

A structured HACCP-based system, supported by accurate record keeping and ongoing staff training, provides the strongest protection against legal action and reputational damage. By actively managing food safety risks and maintaining documented evidence, your business can demonstrate compliance and protect both consumers and your organisation.

Online Resources

• Online HACCP Training Courses

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