History of Food Law

a. Early attempts at regulation were quite ineffective and

little progress was made until the late 19th century.

b. With advancing scientific developments, there came the

use of additives, preservers and improvers alongside a
greater understanding of bacteriology and the organisms
responsible for food poisoning.

c. Finally in the age of the informed consumer and food law

drifts beyond the realm of food safety and into areas of
nutrition and health.
 19th Century highlights
a the Assize of Bread 1266 is generally regarded as being the
earliest attempts at legislative control, it aimed at regulating
the price, weight and quality of bread and beer;

b. the advent of the nineteenth when science had begun to

develop to the point where adulterants in food and drink
were capable of being detected;
1. lead chromate in mustard
2. milk contained excessive water
4. the gin had copper
c. A well known chemist Accum’s “Treatise on Adulteration
of Food and Culinary Poisons” where he catalogued the
adulteration of virtually all food and drink on sale.

*In 1858, in what became known as the “Bradford lozenge

scandal’”200 people were poisoned and 20 died after
swallowing lozenges with arsenic resulted in public uproar
which prompted the Parliament to legislate.
 19th Century highlights
e. The objectives of food law became two-fold:
1. protecting the health of the consumer; and
2. the protection of honest traders.

f. The Sale of Food and Drugs Act of 1875.

The 1875 Act further provided that:

(However, offenses under this act were only of strict liability)

 19th Century highlights
g. The Public Health Act 1875 was passed in the same year.

h. Numerous statutes often dealing with specific foods were

passed. Science played a bigger role in the food industry and
the focus began to shift from adulterants to the use of
additives, preservers and improvers.
 20th Century highlights
i. Advances in the science of bacteriology led to the
identification of a number of organisms responsible for
outbreaks of food poisoning. This was accompanied by
the development of a parallel strand of public health
legislation which paved the way for public health
regulations through Public Health (as to Food) Act 1907 .
• Milk and Dairies (Amendment) Act 1922

j,. The Food and Drugs Act 1938 was the first legislation to
combine food specific legislation with public health
measures.

k. The Defence (Sale of Food) Regulations 1943.

 20th Century highlights
l. The Medicines Act 1968 brought about the separation of
legislation relating to food and the control of medicines for
human and veterinary use.

m. United Kingdom had become a member of the European

Economic Community (EEC) in 1973. The 
European Communities Act 1972  both incorporated EEC
food law into UK domestic law and gave greater powers to
ministers to make regulations to ensure compliance with EEC
law.

n. The legislative framework of the government was

inadequate to cope with modern food manufacturing
methods. A consultation document and a White Paper
f
ollowed and the  Food Safety Act 1990 was the result.
 20th Century highlights
o. The 1990s was a decade dominated by food scares

p. In 1997, towards the end of a decade of crises in the food

system, the  James Report  identified three main weaknesses
in the administrative structure regulating the food system.

q. . The outcome was the Food Standards Act 1999 which

gave rise to the Food Standards Agency as the UK body with
primary responsibility for food safety. Ministerial
responsibility rests with the Secretary of State for Health and
the devolved administrations in Scotland, Wales and
Northern Ireland.
 21st Century highlights
r. . The food scares of the 1990s, none more so than the
outbreak of Bovine Spongiform Encephalopathy (BSE) in
beef, highlighted the Commission’s inability to respond
quickly and effectively in the emerging crisis. BSE is
“commonly regarded as the ‘trigger’ for the reform of [the
then existing legislation and the establishing of new
regulatory institutions
s. The EU food law framework itself was established by the
general food Regulation (EC) 178/2002 which provides the
basis for assuring a high level of protection of human health
and consumers’ interests in relation to food, taking account
of the diversity in the supply of food, including traditional
products, whilst ensuring the effective functioning of the
internal market. Regulation sets out general principles
governing food and feed, food and feed safety which apply to
all stages of the production, processing and distribution of
food excluding production for private domestic use or
consumption.
 21 Century highlights
st
t. Directive 2004/41/EC undertook the wholesale repeal of
the overwhelming majority of earlier hygiene legislation,
some 16 directives. Food hygiene is now governed by
three central regulations: 
1. Regulation (EC) 852/2004 on foodstuffs, 
2. Regulation (EC) 853/2004 for food of animal
origin and 
3. Regulation (EC) 854/2004 on controls on
products of animal origin intended for human
consumption.
Central to the new framework is the requirement, from 1
January 2006, under Regulation (EC) 852/2004 to adopt
arrangements based on the principles of 
Hazard Analysis and Critical Control Point (HACCP) which is a
seven stage approach to the management of food safety
hazards.

u. There have also been major developments in the areas of

organic production, genetically modified foods and nutrition
and health claims where more information may be found in
the appropriate section of Artisan Food Law.
 History of Food Law
1266
Size of bread and ale
required the price, weight and quality of
bread and beer

Adulteration of Tea Act

Prohibition of
the inclusion of sloe, liqourice, or
1730
previously used leaves in retailed tea

Adulteration of Food and Drug

1860 made it an offence to knowingly sell food
containing any injurious ingredients
 History of Food Law
European Communities Act
incorporated European Economic
Community (EEC) food law into domestic
law
1938
The Food and Drug Act
made food poisoning notifiable across
the country and introduced penalties for
false and misleading labels and
advertisements
1961 - Codex Alimentarius
Commission, the
international food standard
1972 organization, established as
a joint FAO/WHO body.
Weights and Measures Act
Regulated transactions based on quantity
1985
 History of Food Law
1990
RA 7394 Food Safety Act
(Consumer Act of the provided a framework within which all
Philippines)) food legislation is written and ensures
food safety and consumer protection

Food Standards Act 1999

established the Food Standard Agency

General Food Law Regulation

created new laws on safety, traceability,
withdrawal and recall requirements
2002 and established the European Food
Safety Authority
 History of Food Law
2004

Hygiene and Foodstuff Regulation

introduced the Hazard Analysis Critical
Control Point (HACCP) as a legal
requirement throughout the EU for the
first time

2010
Food hygiene Rating Scheme
provided transparency about hygiene
RA 9711 standards for food business
(Food and Drug
Administration Act of 2009)

RA 10611
(Food Safety Act of 2013)
Food Information Regulation
2011 Made rules on general food and
nutrition labeling
 History of Food Law
Food (Scotland) Act
2015 established food standards in

EXIT
the UK voted to leave the EU

Many of these laws are still in force today and are still required. But laws are
always changing and many of them will have been updated and amended.