The Bakery's Legal Woes: Unfair Treatment And Broken Laws

There are numerous laws that bakeries must abide by, and these can vary depending on the country and state. In the UK, bakeries must register with their local council and relevant control bodies if they are selling organic products. They also need a licence to play background music and must comply with food safety laws and fire safety regulations. In the US, bakeries are subject to state-specific food safety laws and may need to acquire special permits and licences. In France, a law introduced in 1790, and updated in 1995, mandated that Paris bakers stagger their summer vacations to ensure a constant supply of bread. However, this law was lifted in 2015, allowing bakers to choose their vacation times.

Food safety and hygiene laws

• The Food Information Regulations 2014 – These regulations stipulate that businesses must provide allergen information if a food contains any of the 14 listed allergens. These were amended by the Food Information (Amendment) (England) Regulations 2019 to include Natasha’s Law, which requires food establishments like bakeries to label food with allergens if they are made on the premises.
• The Food Safety Act 1990 – This Act provides a framework for all food and drink establishments to follow, ensuring that businesses do not put anything in food that could be damaging to the health of those eating it. It also ensures that food is served or sold in a way that meets customer expectations and is not misleading or false in its labelling, presentation, or advertising.
• The Food Standards Act 1999 – This Act establishes the Food Standards Agency (FSA) as the body that oversees food safety laws and legislation in the UK, with the power to act in consumers' best interests during all stages of food production, processing, and supply.
• The Food Safety and Hygiene Regulations – These regulations include specific legislation for England, Scotland, Wales, and Northern Ireland, which outline the requirements for food hygiene and safety in the respective countries.

Non-compliance with food safety and hygiene laws can have serious consequences, including illness, harm, or even death for customers. There can also be legal ramifications, such as closure orders, fines, and imprisonment for those responsible for breaches of food safety laws. To avoid these issues, bakeries must adhere to strict food safety and hygiene practices, including proper staff training, allergen labelling, cleanliness, and pest control.

• Personal hygiene – Staff should maintain good personal hygiene, including frequent handwashing, proper hair and beard covering, short and natural nails without nail varnish, and the use of appropriate clean clothing and footwear.
• Storing ingredients and baked goods – Ingredients and baked goods should be stored correctly, with raw and cooked ingredients separated and temperature control measures in place.
• Preparing baked goods – Staff should be trained to avoid cross-contamination, ensure thorough cooking or baking, and prevent food from being left out at room temperature for too long.
• Cleaning and sanitising – Regular and thorough cleaning of preparation areas, display areas, serving areas, and staff facilities is essential. This includes proper cleaning of utensils, surfaces, and equipment to prevent cross-contamination and the growth of harmful bacteria.
• Pest control – Pests like rodents, insects, and birds can pose a significant risk to food safety. Bakeries should maintain a clean and tidy environment, dispose of waste correctly, store food in tightly sealed containers, and seal any pest entry points.
• Allergen control – Bakeries should have allergen management controls in place, including separate storage and preparation areas for allergen-containing products, thorough cleaning between uses, and accurate labelling of ingredients and finished products.

Licensing and permits

Before opening a bakery, you must comply with several licensing and permit requirements. These requirements vary depending on your location and the specific activities of your bakery. Here is a detailed overview of the key licences and permits to consider:

• Registration as a Food Business: Any business selling food must register with their local council or authority. In the UK, registration is free and can be done through the government portal. It typically takes up to 28 days to process, and failure to register can result in fines or even imprisonment.
• Organic Products Registration: If you plan to sell organic bakery products, you must register with an organic control body approved by the government. Your products will likely need to be mostly organic (at least 95%) to obtain approval.
• Background Music Licence: If you intend to play music in the public area of your bakery, you will need to obtain a licence from the relevant authority, such as PPL PRS in the UK. There is usually an annual fee associated with this licence.
• Food Safety Laws: It is crucial to understand and comply with food safety laws and regulations specific to your region. In the UK, this includes adhering to the Food Safety Act 1990, which covers areas like inclusion or removal of ingredients, food treatment, nature, substance, quality, and labelling.
• Food Hygiene Rating Scheme: After registering your food business, you will receive a visit from a health inspector who will issue a Food Hygiene Rating. Displaying this rating is mandatory in some regions, such as Wales and Northern Ireland, and voluntary in others.
• Bread and Flour Regulations: There are specific laws governing the ingredients, labelling, and use of certain terms in bread products. In the UK, these are outlined in the Bread and Flour Regulations 1998. Non-compliance can result in fines or convictions.
• Fire Safety Laws: As bakeries use large ovens, fire safety is a critical consideration. Business owners are responsible for conducting fire risk assessments, identifying hazards, evaluating and reducing risks, recording and preparing for emergencies, and regularly reviewing and updating fire safety measures.
• Taxation: Bakery owners must comply with taxation regulations, including filing Self Assessment income tax returns and collecting and remitting sales tax on baked goods if mandated by their state or region.
• Insurance: Consult an insurer or insurance broker to understand the specific insurance coverage your bakery requires, such as premises, stock, goods in transit, business interruption, public and product liability, and motor insurance.
• State-Specific Licences: Some states or regions may have unique licensing requirements for bakeries. For example, Oregon requires a specific license for bakeries, while Arkansas has its own Food & Catering Permit Requirements. Ensure you are familiar with the laws in your area.

Health and safety compliance

Training and Supervision

It is the employer's responsibility to provide information, instruction, training, and supervision to ensure workers are not exposed to hazards. Staff should be trained to handle occupational hazards and have sufficient knowledge of health and safety practices. This includes training on personal hygiene, food storage, food preparation, cleaning and sanitising, and managing food safety.

Hazard Identification and Risk Assessment

Employers should identify potential hazards in the bakery and assess the associated risks. This includes biological, chemical, and physical food hazards, as well as health risks such as occupational asthma and dermatitis. A Hazard Analysis and Critical Point (HACCP) plan is crucial to identify risks and implement control measures.

Manual Handling

Manual handling-related injuries are common in the bakery industry. Employers should aim to eliminate or minimise manual handling tasks by providing appropriate equipment, such as trolleys. When manual handling is necessary, employers should assess the work environment, work organisation, and skills of workers to reduce the risk of injuries.

Slips, Trips, and Falls

Slips, trips, and falls are among the most common hazards in bakeries, often due to slippery floors and obstructions. To minimise this risk, employers should ensure good environmental design, such as installing non-slip floor surfaces and providing adequate drainage in wet areas. Regular cleaning schedules and appropriate footwear for workers are also essential.

Machinery and Equipment

All machinery and equipment used in a bakery must comply with safety standards. This includes proper guarding of moving parts, emergency stop mechanisms, and proper maintenance and inspection of equipment. Employers should also ensure that employees are trained in using equipment safely and are aware of potential hazards.

Fire Safety

With the use of large ovens and flammable substances like flour dust, fire safety is a critical concern in bakeries. Employers should conduct fire risk assessments, identify fire hazards, evaluate and reduce risks, record findings, and prepare emergency response plans. This includes routine cleaning of ovens to avoid dirt build-up and ensuring fire safety equipment is in place and functional.

Allergens and Food Labelling

Bakeries must comply with food safety laws and regulations regarding allergens and labelling. The presence of common allergens, such as wheat, milk, and eggs, poses a significant risk to customers with allergies. Proper labelling, allergen management controls, and staff training on allergens are essential to prevent allergic reactions and anaphylaxis.

Pest Control

Pests, such as cockroaches and mice, are a serious health hazard in bakeries. To prevent infestations, employers should maintain a clean and tidy workplace, dispose of waste correctly, store food securely, seal entry points for pests, and regularly inspect machinery and utensils for wear and tear.

By implementing these measures, bakeries can ensure health and safety compliance, creating a safe working environment for employees and providing safe products for customers.

Employment law

In the context of bakeries, employment law ensures that bakery employees are treated fairly and that their rights are protected. For instance, employers must provide employment contracts that clearly outline the terms and conditions of employment, including working hours and pay. Employees are also entitled to minimum wage, specific rest breaks, maximum weekly working hours, and minimum annual leave.

In addition, employment law addresses issues related to discrimination, harassment, and parental rights. This means that bakery employees have the right to work in an environment free from discrimination and harassment and are entitled to maternity and paternity leave.

Furthermore, employment law also covers discipline, grievance, dismissal, and redundancy procedures. This ensures that employees are treated fairly and consistently if any issues arise in the workplace. Employment tribunals provide a legal avenue for employees to seek redress if they believe their rights have been infringed.

It is important for bakery owners and managers to be aware of their obligations under employment law to avoid legal issues and ensure a positive and safe working environment for their staff. Compliance with employment law helps to foster a productive and harmonious relationship between employers and employees in the bakery industry.

Building and planning regulations

When it comes to building regulations, it is important to ensure that the bakery meets public health and safety standards. This includes having the necessary equipment and evacuation plans in place to address fire safety concerns. Regular risk assessments, proper equipment maintenance, and staff training on safety procedures are vital components of maintaining a safe working environment.

In terms of planning regulations, zoning laws and restrictions on commercial use of premises should be considered. This involves checking with the city's zoning or building department to ensure compliance with zoning laws and obtain the necessary permits, such as a certificate of occupancy.

Additionally, there may be specific requirements for food preparation and storage areas within the building. This includes adhering to food safety laws and regulations, such as the Food Safety Act and the Hazard Analysis Critical Control Point (HACCP) principles. Maintaining excellent sanitary practices and implementing a management system like Hazard Analysis & Critical Control Points (HACCP) can help ensure the safety of the food sold to customers.

Furthermore, it is important to be mindful of local noise and odour regulations, particularly when operating in a residential area. This may involve taking measures to minimise noise levels and odours emanating from the bakery.

By adhering to building and planning regulations, bakery owners can create a safe and compliant environment for their staff and customers while also maintaining positive relationships with the surrounding community.

Frequently asked questions