Alcohol, Food and Entertainment Licensing

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Deposit return scheme: Circularity Scotland hails “milestone” producer registration and reaffirms August 2023 launch date amid growing scepticism

With a planned launch date of 16 August 2023, the pressure is on for the Scottish government to deliver the deposit return scheme (“DRS”) for drinks containers. Despite increased scrutiny of industry readiness, Circularity Scotland (“CSL”) reaffirmed on 2 March that the scheme is on track and that producers responsible for more than 95% of … Continue Reading

UK Calorie Labelling for Food and Drink in Restaurants, Takeaways, Deli Counters and Other ‘Out of Home’

There is less than a month to go before the UK’s new Calorie Labelling (Out of Home Sector) (England) Regulations 2021 (the “Regulations”) come into force (6 April 2022). The Regulations include obligations for calorie labelling for ‘non-prepacked foods’ in England, which are sold in a form suitable for ‘immediate consumption’. They will require businesses … Continue Reading

WARNING: California Prop 65 Enforcement of THC Listing from CBD Products Became Effective January 3, 2021

As of January 3, 2021, the one-year grace period to comply with the California Prop 65 Clear and Reasonable Warning requirements for delta-9-tetrahydrocannabinol (known as THC) came to a close and the enforcement period has now begun.  OEHHA, the enforcing agency for Prop 65, added THC to the Prop 65 chemicals list last year on … Continue Reading

September Update: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy

We are pleased to share with you the latest edition of “frESH Law Horizons – Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”. In our September edition, we summarise 30 developments in the environmental, safety and health sector. Some of the top stories this month include: Director Fined and … Continue Reading

Environmental, Safety & Health Practice Group Launches Comprehensive Suite of UK-Based Training Programs

The scope of this training includes practice and procedure for health and safety law, environment, anti-bribery and corruption, food and drink laws and product safety. Legal compliance issues can have a huge impact on the fortunes of your business. Investing in skills, knowledge and competencies at all levels of an organisation is the most effective … Continue Reading

Latest News and Perspectives on California Prop 65

The latest news and perspectives on California’s Proposition 65 (Prop 65) track the passage of the newly-amended Clear and Reasonable Warnings regulations under Prop 65, which took effect on August 30, 2018. Significantly, plaintiffs have started to target companies whom they believe to not be in compliance with the newly-amended regulations.  Read more below about … Continue Reading

The Significance in UK Nuisance Law of the Introduction of the “Agents of Change” Principle

The National Planning Policy Framework (NPPF) was first published in March 2012. The original NPPF (NPPF1) consolidated various other Planning Policy documents into one overarching framework. The purpose of the NPPF is set out in the introduction which states that “It provides a framework within which locally-prepared plans for housing and other development can be … Continue Reading

July 2018 Update: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy

We are pleased to share with you the latest edition of “frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”. In our July edition, we look at 37 new developments that may be relevant to anyone with an interest in the environmental, safety and health sector. Some of … Continue Reading

Food Labeling Issues and Trends: Lessons from Recent Allergen Recalls

I was pleased to have an article published in a recent ABA Natural Resource and Environment publication. The article covered “Food Labeling Issues and Trends in Europe: Lessons for US and European Practitioners from Recent Allergen Recalls”, and is now available for download here. Since writing the article, there have been a number of further … Continue Reading

May 2018 Update: Key Developments in UK and EU Environment, Safety and Health Law and Procedure

We are pleased to share with you the latest edition of “frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law and Procedure”, our monthly newsletter that provides bite-sized updates on EU and UK law, procedure and policy. This month we review more than 20 developments that may be of interest … Continue Reading

April 2018 Update: Key Developments in UK and EU Environment, Safety and Health Law and Procedure

We are pleased to share with you the latest edition of “frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law and Procedure”, our monthly newsletter that provides bite-sized updates on EU and UK law, procedure and policy. This month we review more than 30 developments that may be of interest … Continue Reading

Food Labelling Issues and Recall Trends in Europe: Recent UK Recalls Resulting from Labelling Errors

Trade press reports have highlighted a spate of recent recalls relating to food and drink products in the UK resulting from labelling errors. Examples include foods recalled because of salt crystals not mentioned on the packaging (which represent a potential choking hazard), chocolate drinking straws with labels not in English (with allergen information therefore not … Continue Reading

The Impact of New and Developing Technologies on UK Environmental, Safety and Health Compliance

Technology can offer new business opportunities and efficiencies to businesses. However, it can also present new and on-going challenges to the regulation and control of health, safety and environmental issues (and ultimately the potential liability of any business exploiting new technology). One of the ‘key points’ of the Health and Safety Executive Strategy 2016 was … Continue Reading

UK Green Paper on Industrial Strategy: Environment Safety and Health Implications

The UK Government has published a Green Paper on Industrial Strategy, which identifies a number of challenges over the coming years, including: building on existing strengths and extending excellence into the future (with reference to the UK’s global reputation in industrial sectors – from automotive and aerospace to financial and professional services and the creative … Continue Reading

Launch of UK “Food Crime Confidential” Whistleblower Facility Is Reminder to Food Businesses to Ensure Integrity of Supply Chains

On 28 November 2016, the National Food Crime Unit launched ‘Food Crime Confidential’, which is a phone and email reporting or ‘whistleblowing’ facility. Anyone can use the service, but it is targeted mainly at those working in or around the food industry, to allow them to report suspicions in confidence. Food Crime is defined by … Continue Reading

When Allergens Go Wrong: UK Potential Penalties For Food Adulteration And Breach Of Food Information And Safety Laws

Penalties imposed by the courts in relation to the adulteration of food can be serious. The Guardian and other papers in the UK reported recently that an Indian restaurant owner has been imprisoned for manslaughter following the death of a customer who suffered an allergic reaction (a severe anaphylactic shock) in January 2014 after eating … Continue Reading

UK Liquor Licensing Law for Insolvency Practitioners

The trading environment for Britain’s pubs has never been tougher. According to the Campaign for Real Ale, 29 pubs close every week in the UK, with pubs selling approximately a third of the number of pints that they used to sell in the late 1970s. Against this backdrop, insolvency practitioners need to be aware of … Continue Reading

Food Law Enforcement in the UK: Official Statistics 2014/2015 and Database of Prosecutions

Official Statistics 2014/2015  The Food Standards Agency (“FSA”) has today published official statistics for the year 2014/2015 on food law enforcement across the UK, compiled from information given to them by local authorities. The returns from local authorities cover food hygiene (microbiological quality and contamination of food by micro-organisms or foreign matter) and food standards … Continue Reading

Risky Business: Health and Safety in the UK Hotel Industry

There have been a significant number of cases reported in the press recently in relation to hotels that are being prosecuted for health and safety breaches. The increased visibility of such cases highlights a need for stronger emphasis on compliance within the industry. The reality of health and safety risks faced by the hotel industry … Continue Reading

UK Judicial Review of Official Veterinarian over Beef Carcase: Food Standards Agency Victory

On 2 July, the Administrative Court ruled in the Food Standard Agency’s (FSA’s) favour over a decision by an FSA veterinary contractor based at a slaughterhouse (following an inspection by a Meat Hygiene Inspector) to declare a beef carcase as unfit for human consumption [i]. The Association of Independent Meat Suppliers (AIMs) together with the … Continue Reading

Nut Imposters: Increased number of EU and US recalls relating to nut products and undeclared allergens, despite overall reduction in EU

At the end of May 2015, Stericycle Expert Solutions released its European & US Recall Index and Notification reports. In the EU Recalls and notifications dropped in the first 3 months of 2015 but, the nut subgroup experienced a 67% increase, highlighting the importance of monitoring imported foods. EU Recalls and Notification Reports Q1 2015 … Continue Reading

UK Magistrates’ Courts granted the power to impose unlimited fines

The long awaited Section 85 of The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (the “Act”), which removes the fine limits that Magistrates’ Courts can impose for serious offences, came into force on 12 March 2015, meaning that for certain serious offences committed on or after 12 March 2015, the Magistrates Court can … Continue Reading

2015: Early Signs of Continued Focus on Food Information, Authenticity and Traceability?

In the sphere of European food law, 2014 ended with somewhat of a bang, because the long-anticipated EU Food Information for Consumers Regulation (“EU FIC”) came into force on 13 December. The Regulation introduced and consolidated various requirements for the information accompanying food, whether given on the pack itself, or by some other means where food is loose/ non pre-packed. We … Continue Reading

Food Information for UK Consumers – Allergen Information to Represent a Business Opportunity?

We have blogged previously on the EU Food Information for Consumers Regulation (the “EU FIC”), which will apply in the UK from 13 December 2014.  The EU FIC will mean a number of significant changes for the labelling of pre-packed food. However, it will also affect the provision of information on non-pre-packed/ loose foods, including … Continue Reading
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