Food Hygiene (Hansard, 21 February 1991)

§ Mr. Dorrell

New controls on the temperature of foods during production, storage, distribution and service to the consumer were announced on 18 July 1990 and regulations specifying relevant foods and control temperatures come into force in stages from 1 April.

The requirements are introduced to help minimise the opportunity for growth of pathogenic micro-organisms such as listeria and salmonella. For many food businesses the regulations represent the first statutory requirement to maintain temperature control. The controls are additional to the general provisions contained in the Food Safety Act on the safety of food for the consumer.

I am concerned that requirements are not introduced which unnecessarily alter working practices where there is no overriding food safety reason for doing so. I am also concerned that the regulations should be practical to implement.

Together with the Ministry of Agriculture, Fisheries and Foods and the Welsh Office I have considered representations made on the way in which the regulations apply to certain foods. I believe that in certain areas it is reasonable for changes to be made to the regulations which would not present a public health risk.

Officials will therefore be consulting interested parties on further changes to the regulations and a copy of the consultation document will be placed in the Library. When the consultation is complete, further amending regulations will be laid before Parliament.

The main changes proposed are: to allow a two hour period immediately after baking before certain baked products need to begin to be chilled. Any micro-organisms present after baking would take at least two hours before starting to multiply to levels which could give rise to health concerns. I am satisfied that this relaxation would make a significant difference to the investment required by industry and is consistent with the food safety objectives of the temperature control regulations; to allow certain uncut baked egg pastry products, such as custard tarts and Yorkshire curd tarts, to remain outside temperature controls if to be sold on the day of their production. I am satisfied that this exemption would allow craft bakers to continue their traditional practice whilst still safeguarding public health; to allow an exemption of four hours outside temperature controls for foods displayed on premises such as railway buffet cars, mobile catering facilities, or marquees provided that no more food than necessary is displayed. This exemption extends to these facilities the exemption already available to catering premises; to extend the deadline for compliance with the temperature controls, which operate from 1 April 1991, to 1 April 1992 for some airline catering where compliance can only be achieved by refrigeration of highly specialised delivery vehicles; to exempt foods delivered by mail order through the post or by courier to allow industry more time to develop practical means of achieving necessary controls. Research studies have been commissioned by Government to identify ways of maintaining product stability in this area and further discussion with industry on practical solutions will be needed. This exemption will be kept under review and we shall be examining urgently ways of providing consumers with information on these products.

Other detailed points are contained in the consultation document. Comments on these changes are being sought from consumer interests, industry, and enforcement 244W agencies. I understand that my colleagues at the Scottish Office will also now be conducting a consultation on parallel draft Scottish regulations.

The temperature controls are an important new measure in seeking to improve food safety and I shall continue to keep their operation and effectiveness under review to ensure they achieve the intended objectives while being practical. I am conscious that there will be an important period of education and learning for all concerned in the early stages of the new controls. Enforcement agencies will clearly want to bear in mind the proposed changes when considering advice and action to enforce the Food Hygiene (Amendment) Regulations 1990.