Tougher sentencing guidelines proposed for food safety offences

Under new proposals presented by the Sentencing Council, offenders in breach of food safety regulations could face a fine of 700% of their weekly income or 18 months in prison. 

The draft guidelines cover offences involving a wide range of circumstances, with a broad spectrum of seriousness and level of penalty entailed in each offence.

Included is a proposal that will make ‘micro’ pub companies with a turnover less than £2m a year punishable by a £120,000 fine for the most serious of food hygiene breaches.  Meanwhile, smaller businesses with a turnover between £2m and £10m could be fined up to £450,000.

The proposals have been outlined in a consultation on offences related to health and safety, corporate manslaughter and food safety.  They are expressed in terms of contravening or failing to comply with specific community provisions, including the failure to inform customers when there has been a breach of food safety requirements.

The move is part of a wider series of Governmental measures to make businesses more accountable to the safety of their employees, with concerns emerging that businesses have been pushed to cutting corners on safety standards in the wake of the recession.

Sentencing Council Member Michael Caplan QC said:  “We want to ensure that these crimes don’t pay.  They can have extremely serious consequences and businesses that put people at risk by flouting their responsibility are undercutting those that maintain proper standards and do their best to keep safe.

“Our proposals will help ensure a consistent approach to sentencing, allowing fair and proportionate sentences across the broad, with some of the most serious offenders facing tougher penalties.”