Food safety frequently asked questions

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Can I get my money back if I complain to you about contaminated food?
Does the Council take samples of food?
How do I complain about contaminated food?
What does the law say about selling contaminated food?
Is it OK to eat food beyond its "best before" date?
Can a shop sell food beyond its "best before" date?
What does the "best before" date mean?
Is it OK to eat food beyond its "use by" date?
Can a shop sell food beyond its "use by" date?
What does "use by" mean?
I want to open a new food business - what do I need to do?
Do I need to register my food business?
Where can I find out about food hygiene training courses?
What should I do if a food shop handles money and then food without washing their hands?
Do all food handlers need to wear protective clothing/head covering?
I have a complaint with food I bought locally - what can I do about it?
What do I do if I find a foreign object in a food product?

Can I get my money back if I complain to you about contaminated food?

If you wish to have a refund for your purchase, you are advised to go back to the business where you bought the food and talk to them directly. Most businesses are reputable and respond positively to customer complaints.

The Council can only deal with your complaint through its statutory powers and is unable to influence the awarding of compensation to a customer by the business concerned. This would be considered unethical.

Does the Council take samples of food?

Yes, the Council has a policy on food sampling. Every year a new sampling plan is drafted in accordance with its policy, detailing what food samples are to be taken.

How do I complain about contaminated food?

If you have bought food that appears to be contaminated by foreign matter, chemicals or has made you ill, contact us.

If you have a query regarding food ingredients or genetically modified food, contact Trading Standards.

What does the law say about selling contaminated food?

Section 8 of the Food Safety Act 1990 states that it is an offence to sell any food that does not comply with food safety requirements namely, food that:

could be damaging to your health, e.g. something harmful has been added
is unfit for human consumption, for example has caused food poisoning or has decomposed
is contaminated (whether by some non-food matter or in some other way) such that it would be unreasonable to expect it to be used for human consumption in that state. For example the food is mouldy.

Trading Standards officers deal with offences where the food is not of the nature, substance and quality demanded by the purchaser, for example the product is not as described (nature), the product has a lower meat content than stated on the packet (substance) or the product is not of a good quality, such as soft biscuits or sour milk (quality).

Is it OK to eat food beyond its "best before" date?

"Best before" dates apply to longer shelf-life foods and generally relate to the quality rather than the safety of the food. While there is usually a safety margin, if in doubt don't eat it.

Can a shop sell food beyond its "best before" date?

It is not an offence as such although it would be an offence if the food has deteriorated to such an extent that it was not safe to eat.

What does the "best before" date mean?

The term "sell by" is a common mistake people make when describing food they have bought. "Sell by" has been replaced on labels by "use by" on fresh perishable products and "best before" on stored products.

Food beyond its "best before date" can be sold by shops, however the quality of the product may be inferior to that of an in-date product. It is good practice for shops to have a stock rotation system that prevents food beyond it's "best before" date being sold.The "best before" date places a limit on the period within which food is expected to maintain its quality. It is a date normally applied to shelf-stable foods such as biscuits, crisps, soft drinks, etc. and is sometimes many months in advance. Some foodstuffs may still be edible after the "best before" date has elapsed but the quality of the product may have deteriorated.

Although retailers are not breaking the law by selling food past its "best before" date, they place themselves at greater risk of prosecution under Section 14 of the Food Safety Act 1990. (Sale of food that is not of the quality demanded by the purchaser.) This is a provision of the Act enforced by Trading Standards.

Is it OK to eat food beyond its "use by" date?

No. "Use by" dates apply to highly perishable food and it is not safe to eat it after the expiry of its date.

Can a shop sell food beyond its "use by" date?

No. It is an offence to do so.

What does "use by" mean?

Any food with a "use by" date is perishable and capable of supporting the growth of pathogenic micro-organisms, for example listeria. It must be stored under the conditions set out on the label, for example you should refrigerate such food at less than 5C and eat it before the "use by" date expires.

Selling foods beyond their "use by" date is an offence as these types of foods can spoil rapidly and may affect their safety. Food older than its "use by" date should not be eaten. If you have bought food beyond its "use by date" or if you see any food on sale beyond its "use by" date the shop selling it will need to be visited. Please contact us.

I want to open a new food business - what do I need to do?

This depends on the type of food business and its location. Registration of premises used for a food business (including market stalls, delivery vehicles and other moveable structures) is required by law. Registration will allow local authorities to keep an up-to-date list of all those premises in their area so they can visit them when they need to. The frequency of the visits will depend on the type of business.

Do I need to register my food business?

Yes, if you are trading for five or more days in any five consecutive weeks.

Registration of premises used for a food business (including market stalls, delivery vehicles and other moveable structures) is required by law. Registration will allow local authorities to keep an up-to-date list of all those premises in their area so they can visit them when they need to. The frequency of the visits will depend on the type of business.

Where can I find out about food hygiene training courses?

Local providers of food hygiene training courses are listed.

What should I do if a food shop handles money and then food without washing their hands?

The surface of money does not provide the right conditions for bacteria to grow, making cross-contamination from money to food unlikely. However, the staff in food premises must maintain good personal hygiene by wearing clean over-clothing and washing their hands regularly. The use of tongs is recommended as a means of minimising handling of foods but equipment needs regular cleaning as well. Contact us with the name and address of the premises and we can contact them to remind them of their responsibilities for staff personal hygiene.

Do all food handlers need to wear protective clothing/head covering?

It is good practice to do so. If protective clothing is not worn it may not be an offence because this depends on the particular circumstances.

I have a complaint with food I bought locally - what can I do about it?

If you have a complaint about any food which you have bought in the Woking Borough Council area please contact us.

The following details are necessary for our investigations:

full name of the food including any brand name
a receipt for the purchase price if possible
manufacturer's name and address
batch number and/or durability date
where the food was bought
date when the food was bought
when the defect was noticed
details of the defect
state if you will be handing the food in to us or if you want it to be collected and
if you have any objections to your name being released to the manufacturer.

What do I do if I find a foreign object in a food product?

If you find a foreign object in your food please keep all packaging and the reciept. If it is a perishable food, it is best to freeze the food with the object in place. Contact us for advice about your food complaint.

In some cases, the complaint can be dealt with by returning the food to the store where it was purchased. However some complaints need further investigation and, in this case, we can investigate your complaint if the food was purchased within the Borough. You will usually have to bring the subject of your complaint - namely the foreign object, food packaging and the receipt for your payment for the food product - into the Civic Offices. If the food was purchased outside the Borough then we will endeavour to give you the contact details of the enforcing authority in the area where the food was purchased.

Woking Borough Council cannot act on your behalf to seek compensation, so if you feel that you are entitled to compensation from a food manufacturer or supplier you should seek legal advice.