Markets and Street Trading Top Tips
Food Safety (General Food Hygiene) Regulations 1995 Which food businesses are covered by the regulations? These regulations apply to all types of food business from hot dog vans to five star restaurants, from village halls where food is prepared, to vending machines. They apply in instances where the food is sold publicly or privately, for profit or for fundraising. They do not apply to food cooked at home for private consumption. What is required? You should look at your business operation, identify areas of potential harm to customers, and satisfy yourself that you have sufficient controls in place to minimise any risks. What steps do you need to take? Identify potential hazards (things that might be harmful). Assess what possible food hazards there are in your business. Identify the areas where they could occur. Pinpoint those areas that are critical to ensuring food safety. Many food poisoning incidents are the result of poor practices 2
Introduce controls: Make sure you have adequate safety controls in place at those points critical to ensuring food safety. Regularly monitor the controls to check they are working effectively. Maintain and review all controls Review your assessment, control and monitoring procedures periodically, and whenever the food operations change. How do I benefit? Many food poisoning incidents are the result of poor practices, which only come to light after incidents have occurred. By analysing the potential hazards in your business and being aware of those activities that may be critical to food safety, you can reduce the likelihood of problems actually occurring and causing harm. This is good for your customers and good for your business. How do I start? Identify hazards; decide which are critical for food safety. If no major hazards exist, your analysis can simply be based on your own judgement, with no need for specialist skills or complicated techniques. Whichever method you choose, it should be systematic and should take into account: All potential hazards. All aspects of your food business operation. Your actual working procedures and conditions. You may find it helpful to draw a flow diagram of your operation from purchase of ingredients through to the sale or service of the food. Food hazards can then be identified at each step and control put in place. What sorts of hazards are there? There are essentially three categories of food hazard: 3
Microbiological Could harmful bacteria be present in or on the food (for example raw meat)? Could foods, particularly ready-to-eat foods become contaminated? Could harmful bacteria grow to dangerous levels in the foods? Could harmful bacteria survive a process, such as cooking, meant to destroy them? Chemical Could toxic chemicals (such as cleaning chemicals) get into the food? Physical Could dangerous glass shards or pests get into the food? Introducing controls They must be effective. They should be practical. They should be understood. Examples of possible controls Buying supplies from reputable suppliers. Checks on raw materials. Proper stock rotation of food and ingredients. 4 Separating different types of food to prevent crosscontamination. Using foods within the date marks. Cooking and reheating Food temperature holding controls such as during display/ storage. Good staff hygiene. Food hygiene training. Effective cleaning routines. Pest control. Checking controls Identify and control food hazards. Monitor controls regularly. Keep simple records of checks e.g. temperature of chilled food in a cabinet can help you to ensure that the correct temperature is maintained and that controls are working effectively. Ask yourself How do I monitor controls and how often? You should have a target to check against for example: date marks, storage/delivery temperatures against specified levels, cleaning procedures against cleaning schedules, and personal hygiene practices.
Whether you record and document your system is up to you However by law you must: Ensure that controls are working effectively and that your food is safe for the customer. Take action if you find the controls are not operating effectively. Review your systems regularly and especially if the way you work alters. Take remedial action if your checks show problems with the controls you have in place. Official controls Where can I get further information? Trade associations and industry guides to good hygiene practice may provide general advice on hazards analysis for food businesses. Industry guides are published by Chadwick House Group Ltd. You can order them online at www.shop.cieh.net or by calling 0207 827 5882. The Environmental Health Service of your local authority will also be able to provide help and advice. Enforcement officers can advise you about the requirements of food safety law and help you with advice on identifying and controlling food hazards. Trade associations and Industry Guides to good hygiene practice may provide general advice on hazards analysis for food businesses. 5
Weights and Measures Traders should ensure that goods are weighed and measured accurately. It is illegal to give short weights or measures. Ensure that your scales/ equipment are legally stamped with one of the following mark of approval: - crown stamp - European e stamp - European green sticker A legal stamp confirms that a local weight and measure authority or a verified body has tested your scales/equipment. Unstamped equipment can be seized by Hackney Trading Standards. It is a serious offence to use weighting and measuring equipment in an incorrect or fraudulent way. In most transactions you must make the buyer aware of the quantity of goods and the equipment should be clearly visible to the customer. If you pre-pack goods in fixed quantities you must use approved equipment. Check your scale/equipment on a regular basis to make sure it is located in a suitable place and is clean and working correctly Buy scale/equipment from a reputable supplier and supervise its use adequately Train staff to use equipment correctly. If in doubt contact your local Trading Standards Service. Pricing goods and services Ensure any pricing information given is clear and meaningful. Any price given for goods or services must not be misleading to the customer. Never overcharge. You must give all prices in pounds sterling but you can also show another currency such as Euros provided that any commission is clearly displayed. You must clearly state the goods on sale. If goods are measured or 6
weighed out at the point of sale you need to provide a unit price which is the final price for a unit such as a kilogram, litre or metre or if sold in smaller amounts in 100g or ml. You can give the imperial equivalent unit price, provided the metric unit price is given greater prominence and the imperial equivalent equates to the metric price. Check your stock on a regular basis to make sure it is properly priced and prices are up-to-date. Check your price tickets on a regular basis to make sure they apply to the correct goods. Keep up-to-date records that are easily accessible for inspection. If you are in doubt contact your local Trading Standards Service. Health and Safety Ensure tarpaulins are secured. All umbrellas should be secured and weighted down. No goods to project beyond the trading pitch area. Keep gangways clear. Ensure that stalls are erected securely and are removable. All goods should be stored within the pitch area. No vehicles are allowed in the market place except for loading and unloading. All assistants should be registered. Electricity should only be used for lighting and weighing scales. All fire exits must be kept clear for the safe passage of pedestrians. Catering stalls or vehicles to be equipped with a dry powder type fire extinguisher, fire blanket and a carbon dioxide type fire extinguisher. All flammable fuel should be stored away from the stall in approved containers. Supply safe goods Toys must carry a CE mark and details of the manufacturer or importer. Many toys need an age and safety warning because they could be dangerous for young children. New and secondhand upholstered furniture must 7
be made of fire-resistant materials. Furniture should have a swing ticket showing a lighted match and cigarette, plus a permanent label providing production details. New and secondhand electrical goods and gas appliances must comply with detailed safety rules. Food containers, packaging and utensils should not be made of substances which could be transferred on to people endangering human health or otherwise affect the food. Children s nightdresses, dressing gowns and bath robes must be fire resistant. All cosmetic products must be safe to use. Skin lighteners containing hydroquinone are banned as hydroquinone can lead to permanent damage of the skin. All cosmetics must have a name and address of the manufacturer or supplier including batch number with a list of ingredients. Always buy from reputable suppliers. Keep all invoices easily accessible for inspection Check all products for damage or other obvious safety problems. Check returned goods for damage if you intend to resell them. Describing goods and services Making false descriptions can leave you liable for civil claims and may lead to criminal proceedings. Ensure all consumer goods and services are accurate, honest and in no way misleading. You must not sell counterfeit or pirated goods or use any trademark without permission. Most video recordings must be marked with an age classification. Copying video or 8
audio is illegal. Most footwear must be labelled with a clear indication of the materials used in each part. Retailers are responsible for ensuring the footwear is labelled. All items of gold, silver and platinum must be correctly hallmarked. Most telephone equipment must be labelled to show whether it can be connected to the public network. Approved items carry a green disc and prohibited items a red triangle. You should keep all invoices and ensure they properly identify the goods and your supplier. Useful product guidance Toys No street trading licence will be granted to sell toys from October to December. All applications for the sale of toys must be received in the last week in September for consideration. Nearly new clothes No second-hand clothing or goods are permitted in the markets. We will issue licences to sell nearly new clothing or items. New and secondhand electrical goods and gas appliances must comply with detailed safety rules. 9
Definition of nearly new clothes: Goods should be in a clean state with no obvious signs of wear and tear in the fabric. All goods to be dry cleaned or washed and ironed before display. The sale of nearly new clothing/ items does not include underwear or footwear and nearly new clothing is subject to environmental health controls and consumer regulation. Consumer regulations If at anytime consumer regulations and environmental health standards are not maintained, the Council will enforce a revocation procedure This list should not be regarded as exhaustive and can be amended at anytime at the Council s discretion. The street market section will not issue a licence for the sale or display of the following: books, magazines, leaflets, posters, badges, labels, pictures, films, videotapes, or any similar articles which are threatening, abusive or insulating to any group or person in reference to ethnic origins or religion including political and Biblical materials. The sale of knives The sale of knives is not permitted unless sold under the Household and Kitchenware 10
category. Knives should be kept in a concealed packaging and not displayed loose. Loose knives should be kept in a secure container and locked. No licence will be issued to sell alcohol, cigarettes, tobacco, fireworks or phone cards. Food labeling for fishmongers This includes The labelling of fish which are: Displayed for sale in a loose or unwrapped state; or pre-packed for sale from those same premises; or pre-packed for sale on market stalls or in mobile vehicles. This does not include Pre-packing for sale from premises other than the last two items shown above; Fish and chip shops, for which other leaflets are available. Required Labelling The commercial designation true name of the food. Production method (i.e. caught at sea, caught in fresh water, farmed or cultivated). Catchment area. In the case of sea fish it must be one of the following: - North West Atlantic - North East Atlantic - Baltic Sea - Central Western Atlantic - Central Eastern Atlantic - South West Atlantic - South East Atlantic - Mediterranean Sea - Black Sea - Indian Ocean - Pacific Ocean - Antarctic and in the case of fresh water fish, the actual country for farmed or cultivated fish must be stated. the type of additives which are present in the fish (see list below). There is an exemption from the first three of these requirements
for small amounts (worth less than 200 Euros) sold direct by the fisherman to the customer. Commercial designation (true name) The name is either: A name required by law for the fish (these are given on the attached list); or an appropriate customary name (these are usually for smoked fish, e.g. kipper, bloater); or a name sufficiently precise to inform a purchaser of the true nature of the food, which distinguishes it from products with which it could be confused. (These names are used for newly developed products, e.g. reformed scampi ). A brand name, trade name, or made up name must not be substituted for the true name. A commonly misused trade name is crab sticks. To comply with the requirements listed above, this trade name must be accompanied by a true name which indicates that it includes fish, cereal and crab flavouring. Smoked fish often contains colourings; breadcrumbs on fish cakes and fish fingers will probably contain several types of additives. Declaration of additives The following types of additives must be declared: Antioxidants Sweeteners Colours Flavour enhancers Flavourings Preservatives For this purpose, it is sufficient to state the type of additive. You need not specify its full name or E number. The responsibility for additive labelling rests with the retailer who must get this information from his supplier. An excuse such as I didn t know will not be accepted. 12
Genetic modification If a food contains any genetically modified material (e.g. breadcrumbs may contain maize or soya), the product must be labelled produced from genetically modified maize/soya. Treatment or Process Irradiation If the food or any ingredients in the food have been irradiated, it must be declared and marked irradiated or treated with ionising radiation (e.g. some crustaceans and shellfish). Previously frozen fish If fish which has been frozen is offered for sale in a thawed or partly thawed condition, it should be labelled with a warning notice such as Previously Frozen - Do Not Refreeze. This is no longer a legal requirement, but it is advisable to use this statement because the customer could otherwise be misled. Smoked Fish that has been smoked should be labelled as such. Where appropriate this should include an indication if it was cold smoked (e.g. requires thorough cooking) or hot smoked (care should be taken to ensure your labelling clearly distinguishes smoked and smoke flavoured products). Other problems The name which you use should be the same as that used by your supplier. You can describe fish incorrectly by shortening its name. Lemon Sole is different from Sole (which means a Dover Sole), Salmon is a different species from Red or Pink Salmon etc. Beware of Megrim and Lemon Sole, as these can be easily confused. Only fish that has been actually smoked can be labelled smoked. Those treated with smoke solution must be labelled smoke flavour. 13
Many traditional products such as breaded scampi and breaded fish steaks are now made with minced fish. In order to prevent customers being misled, they must be labelled as such. Use the same name as that given by the manufacturer on the packaging. Commerical designations (true names of fish) Sea fish Albacore tuna (or tuna), American plaice, Anchovy, Argentines, Arrowtooth, Barracuda, Barramundi, Basking Shark or Shark, Bass, or Sea bass, Bigeye tuna (or tuna), Black halibut or Mock halibut, Blacktip Shark or Shark, Blue cod, Blue Ling, Blue Shark or Shark Blue whiting, Bluefin tuna (or tuna) Bluefish or Tailor, Bogue, Bonito, Brill, Brisling, Butter sole, Californian Sole, Cape hake, Cape monk(fish) or Cape angler(fish), Catfish or Rockfish, or Wolffish, Chilean hoki, Cobia, Cod or Codling, Coley or Saithe or, Coalfish, Conger, Croaker or Drum or Jewfish, Dab, Dogfish or Flake or Huss or, Rigg, or Rock Salmon or Rock Eel, Dory or John Dory or St, Peters Fish, Eel, Emperor, Escolar or Snake Mackerel, Flounder, Flying fish, Gar fish, Goatfish, Greenland cod or Cod, Greenland Halibut or Black Halibut or Mock Halibut, Greenling, Grey Mullet, Grouper, Gurnard, Haddock, Hake, Halibut, Herring, Hilsa, Hoki, Indian Mackerel, Jack or Scad or Horse Mackerel or Trevally, Japanese sea bass, Jobfish, King Mackerel or Kingfish, Kinklip, Ladyfish, Lemon sole, Lumpfish or Lumpsucker, Mackerel, Mahi, Marlin, Meagre, Megrim, Monkfish or Angler, Opah or Moonfish, Orange Roughy, Pacific cod or Cod, Pacific Monkfish or Pacific Angler Fish, Pacific Bluefin Tuna or Oriental Bluefin Tuna or Tuna, Pacific Pilchard, Pacific Pollack, Alaska Pollack, Pacific sand dab, Pacific sole, Parrotfish, Petrale sole, Peruvian Moonfish, Picarel, Pilchard, Plaice, Pollack or Lythe, Pomfret or Butterfish, Poor cod, Porbeagle Shark, Pout or Pout Whiting or Pouting or Bib, Racasse or Black Scorpion Fish, 14
Rainbow runner, Red cod, Red mullet, Rex sole or Long-finned sole, Rock sole, Sablefish, Saffron Code, Sailfish, Sandbar Shark or Shark, Sardine, Sardinella Sardinella, Scabbard fish or Sabre or Sabre fish or Silver saber or Black saber, Sea Bream or Porgy, Shortfin Mako or Shortfin Mako Shark or Shark, Silverside or Sand Smelt, Skate or Ray or Roker,, Skipjack tuna (or tuna) or Sparling, Snapper, Snook, Sole or Dover sole south Atlanic pilchard, southern blue whiting, Southern Bluefin Tuna or tuna, southern Meagre or Mulloway, southern rock bass, speckled Flounder, Spotted sea bass, Sprat, Stargazer, Swordfish, Tarpon, Threadfin bream, Toothfish or Icefish, Torbay sole or Witch, Torpedo Sand Perch, Tuna or Tunny, Turbot, Wahoo, hale Shark or Shark, White hake, Whitebait, Whiting, Winter flounder, Tellowfin tuna (or tuna) Yellowtail, or Amberjack, Yellowtail dab or Yellow Flounder, Weever, Wrasse. Salmon and freshwater fish Ayre, Bacha, Banspata, Barber, Batashi, Boal, Buzuri, Carp, Catfish, or American Catfish or Channel Catfish, Chapila, Char, Chelapata, Cherry Salmon or 15
Pacific, Salmon, Chum Salmon or Keta Salmon, Cut-throat trout or trout, Frshwater Bream, Ghania, Gulsha, Kakila, Kalibous, Keski, Khaslisha, Koi, Largebaim, Magur, Medium red salmon or Coho salmon or Silver Salmon, Meni, Mowrala, Nile perch, Pabda, Pau, Patabauinm, Pike or Northern Pike, Pollon or Arctic cisco, Punti, queen fish, Rainbow trout or Steelhead trout or trout, Red salmon or Sockeye salmon, River cobbler or Basa or Pangasius or Panga or any of these together with catfish, Roach, Ruhi, Salmon or Atlantic salmon, Sea trout or Salmon trout, Shol, Spring Salmon or King Salmon or Chinook Salmon, Pacific Salmon, Taki, Tambaqui or Cachama, Tench, Tengra, Tilapia, Trout or Beown trout, Vendace, Zander or Pike-perch. Shell fish Abalone or Ormer, Amande Clam or Dog Cockle, Ark Clam or Arkshell, Arrow squid, Atlantic Scallop or scallop, Clam or Hard shell clam, Clam or Razor clam or Razor Shell, Cockle, Crab Crawfish or Spiny lobster or Rock lobster, Crayfish, Cuttlefish, Geoduck or Geoduck clam, Indian ocean lobster or Whip Lobster, King prawn, Lobster, Manila Clam or Japanese carpet shell, Mantis Only fish that has been actually smoked can be labelled smoked.
Shrimp, mussel, Native clam, or Grooved Carpet Shell or Palourde, Octopus, Otter shell clam, Oyster or Native oyster, Oyster or Pacific oyster or Rock oyster, Oyster or Portuguese oyster, Pacific scampi, Prawn or Shrimp, Queen scallop or Queen or Scallop, Scallop or Common scallop, Scallop or King scallop, Scampi or Norway lobster or Dublin Bay prawn or Langouistine, Shrimp or Brown shrimp, Shrimp or Pink shrimp, Slipper lobster, Soft shell clam or Gapers, Squat lobster, Squid, Surf clam, Tiger prawn, Whelk and Winkle. Please Note This leaflet is not an authoritative interpretation of the law and is intended only for guidance. For further information please contact your local Trading Standards office. Duty of Care The London Borough of Hackney has a statutory duty to clear all waste to keep the environment clean and tidy especially in the market areas. Under the Environmental Protection Act 1990 market traders have a duty to ensure that their waste is transferred by an authorized broker. All market traders are required to complete a Duty of Care Controlled Waste form every year. This is a Transfer Notice, which describes the waste produced and how this waste is contained. It is the responsibility of traders to ensure that all litter and waste generated by their business is moved to an authorized place for disposal. The pitch area and its immediate environment is to be kept clean throughout the trading day. At the end of the trading day the pitch area is left clean and in a tidy condition. All waste should be stacked neatly. Perishable waste is to be removed to a compactor provided by the Council.
Contact Us Markets and Street Trading, 2 Hillman Street, London E8 1FB Fax: 020 8356 6609/6610 Telephone: 0208 356 3367 www.hackney.gov.uk Produced by Design & Comm s and Hackney Print Ocotber 2009 PJ39753