Food safety due diligence: what does it mean? (2024)

Wondering what food safety due diligence means, and why it’s so important?

In this article, we discuss the definition of the term, current legislation on food safety, and implications for businesses.

Food safety due diligence meaning

Due diligence is defined by the Cambridge Dictionary as an “action that is considered reasonable for people to be expected to take in order to keep themselves or others and their property safe”.

When it comes to food safety and hygiene, due diligence refers to the legal defence of a food business operator which involves taking all precautions deemed reasonable to prevent an offence from occurring.

“Reasonable precautions” signifies that everything that could be anticipated by a skilled worker (in the relevant trade/profession) which has the potential to lead to committing an offence has been adequately identified and proper controls have been put in place.

Food hygiene legislation

According to the Food Safety Act 1990, a food safety due diligence defence concerns persons charged who can prove to have taken all reasonable precautions to avoid the commission of the offence by themselves or by a person under their control.

The due diligence defence has been designed to balance protecting consumers against defective/harmful food products with the right of businesses not to be convicted for something they have taken all reasonable precautions to avoid.

In some cases, proving due diligence requires business to show documented evidence such as checks, supervision and inspections. The extent of these can vary according to the size of the company.

Did you know? The Food Safety Act 1990 provides the framework for all food legislation in Great Britain. It’s essentially a document that outlines that businesses must meet in order to protect consumers. Failure to comply with regulations set out by the Food Safety Act 1990 may be considered a legal offence.

How to demonstrate due diligence

Food businesses can demonstrate due diligence by ensuring thorough, up-to-date record keeping of food safety management. It’s all about showing evidence that you have done everything in your power to avoid food safety breaches.

According to the FSA, your food safety management procedures should be based on Hazard Analysis and Critical Control Point (HACCP). This involves looking at what’s done in your business, what could potentially go wrong and if there are any risks to food safety. It also involves identifying critical control points, deciding on corrective actions and maintaining accurate records.

Therefore, a good way to evidence food safety due diligence is to follow and record an HACCP-based system. You must ensure that your systems are suitable and sufficient for effectively preventing food hygiene incidents.

Did you know? HACCP was first utilised by the Pillsbury Company in the 1960s to produce the safest, highest quality food possible for astronauts in the space program.

It’s important that your food safety records cover the following elements:

  • Supplier approval

  • Temperature logs

  • HACCP system

  • Hygiene practices

  • Pest control

  • Equipment maintenance

  • Staff training

  • Daily/weekly/monthly checks

Food safety due diligence checklists

Performing checks is a key element of due diligence. These checks relate to proper cleaning, maintenance, pest control, and more, highlighting what you’re doing to prevent food safety breaches.

Checklists form the basis of your food safety management system and are therefore needed to evidence due diligence.

Many businesses record their checks on paper-based systems like the Safe Food Better Business Diary. But you can also record your checks digitally in a smart food safety diary - like Hubl.

Hubl features EHO-reviewed checklists that cover essential daily, weekly and monthly tasks. What’s more, it is easy to use, intuitive and eco-friendly, making life easier for hospitality teams and helping them achieve a better food hygiene rating.

Did you know? During an EHO visit, your records and checks will be inspected, which can impact your food hygiene rating.

Due diligence: summary & conclusions

In short, demonstrating food safety due diligence is showing evidence of all the reasonable steps you’ve taken to control hazards and avoid food hygiene breaches. A critical step to achieve due diligence is record keeping - so you have all the information available to you when and where you may need it.

References

Due diligence, Cambridge Dictionary, Accessed July 2021

Food Safety Act 1990, legislation.gov.uk, Accessed July 2021

The Food Safety Act 1990: A Guide for Businesses, Food Standard Agency, Accessed July 2021

Food safety due diligence: what does it mean? (2024)

FAQs

Food safety due diligence: what does it mean? ›

In short, demonstrating food safety due diligence is showing evidence of all the reasonable steps you've taken to control hazards and avoid food hygiene breaches. A critical step to achieve due diligence is record keeping - so you have all the information available to you when and where you may need it.

What does due diligence mean in kitchen? ›

Very simply, due diligence is being able to prove that you have taken all reasonable steps to ensure that the food you produce, handle or sell is safe and that your business complies with current legislative requirements.

What is the best definition of due diligence? ›

Due diligence is a process or effort to collect and analyze information before making a decision or conducting a transaction so a party is not held legally liable for any loss or damage. The term applies to many situations but most notably to business transactions.

What does due diligence requirements mean? ›

Before you put your company finances into action, you need to understand its due diligence and how to do it correctly. Due Diligence is a process that involves risk and compliance check, conducting an investigation, review, or audit to verify facts and information about a particular subject.

What are the three elements of due diligence? ›

It involves conducting thorough research and analysis of various areas related to the company you are interested in purchasing. In this article, we'll discuss the three main types of due diligence – Financial, Operational/Management, and Legal – and explain why each one is important.

What does due my diligence mean? ›

What does due diligence mean? Due diligence most generally means reasonable care and caution or the proper actions that a situation calls for, especially those that help to avoid harm or risk.

What happens during due diligence? ›

Due diligence is the process of thoroughly evaluating a business before a sale or investment. It is designed to identify any potential risks or issues that may impact the value of the business and to provide transparency to the buyer.

What is a good example of due diligence? ›

Due Diligence Examples

Listed are several diligence examples of usage: Conducting thorough inspections on a property before buying it in order to make sure that it is a good investment. An underwriter auditing an issuer's business and operations prior to selling it.

What is due diligence in safety? ›

When applied to occupational health and safety, due diligence refers to the reasonable precautions taken by employers under particular circ*mstances to prevent harm in the course of work. This duty applies to all situations, including those not addressed specifically in occupational health and safety legislation.

What best describes due diligence? ›

Due diligence is defined by the Cambridge Dictionary as an “action that is considered reasonable for people to be expected to take in order to keep themselves or others and their property safe”.

What is another word for due diligence? ›

What is another word for due diligence?
feasibility studyanalysis
assessmentevaluation
examinationviability study

What is due diligence for dummies? ›

Due diligence is the steps an organization takes to thoroughly investigate and verify an entity before initiating a business arrangement, whether that's with a vendor, a third party or a client. In the general business sense, due diligence means vetting issues that affect the business thoughtfully and carefully.

What happens if you don't do due diligence? ›

Failure to provide due diligence can result in an unjust outcome for the case and may require a retrial to resolve the matter, as well as a legal malpractice claim to recover any damages the victim has suffered.

What are the 4 P's of due diligence? ›

The 4 P's of due diligence are People, Performance, Philosophy, and Process. These key elements form the foundation of a thorough due diligence process, covering aspects related to the team involved, performance metrics, investment philosophy, and the overall process followed.

What is a due diligence checklist? ›

A due diligence checklist is a way to analyze a company that you are acquiring through a sale or merger. In the context of an M&A transaction, “due diligence” describes a thorough and methodical investigation and assessment.

What is the primary objective of due diligence process? ›

The primary purpose of due diligence is to mitigate risks, ensure legal compliance, and contribute to effective decision-making by providing a detailed understanding of the matter at hand.

What does it mean when it says buyer to do due diligence? ›

The legal definition of due diligence is the level of care, prudence and activity a person or company would have to take to acquire objective and reliable information prior to a specific event or decision. In real estate, due diligence includes reviewing documents, financial calculations, and evaluating risks.

Can a seller back out during due diligence? ›

Bottom line. “Generally, a seller can't cancel without cause,” Schorr says. “You could build in some contingency, but absent that, you had better be committed to the sale.” Reneging because you fear you underpriced the house, or you actually receive a better offer, doesn't count as “cause.”

Is due diligence a good thing? ›

Due diligence is crucial for several reasons: Financial Loss: Without proper due diligence, you risk entering transactions with customers who may default on payments, engage in fraudulent activities, or lack the financial stability to honour their commitments. These situations can lead to substantial financial losses.

What is the difference between earnest and due diligence? ›

While the due diligence fee is non-refundable, except in the event a seller breaches the contract, the due diligence fee is typically credited to the buyer at closing. Earnest money is money that the buyer gives the seller to show your good faith when making an offer to purchase the seller's property.

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