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Sole Traders who are not incorporated have 'Unlimited Liability'

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Sole Traders who are not incorporated have 'Unlimited Liability'

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With Unlimited Liability, You Are Responsible for Any Business Debts

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Unlimited liability is a type of business wherein owners share responsibilities for the entire amount of debt and liabilities amassed by the business.

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The Food Standards Agency (FSA) is responsible for food safety and food hygiene across the UK.

Devon, Somerset and Torbay Trading Standards works with the FSA to help ensure all food sold in the area is safe, properly labelled and within the law.

Allergy and intolerance

The FSA website provides all the advice you need, including allergy and intolerance guidance
and guidance on food allergen labelling.

Labelling and packaging

GOV.UK provides guidance on food labelling and packaging as well as a guide to giving food information to consumers. This guide contains information about quantitative ingredient declarations (QUID).

Starting a food business

The FSA website can also help you with starting a food business.

All food businesses must be registered with their local district council before they start trading.

Advice guides

We have a wide range of guides available below covering a host of topics and filled with useful information.

If you are a business that produces or sells food and you have any questions, please contact us. If you get things wrong you not only risk prosecution but you could be putting public health at risk, so let us help you get it right first time.
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Information on the law and regulations when selling and producing food

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The Food Standards Agency (FSA) is responsible for food safety and food hygiene across the UK. Devon, Somerset and Torbay Trading Standards works with the FSA to help ensure all food sold in the area is safe, properly labelled and within the law.

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This overview covers the main Great Britain (GB) and retained EU legislation on the following areas:

food imports and exports

safety

traceability

labelling and product withdrawals and recalls

We have summarised the wording of the legislation referred to, so please use this as a general summary of food safety law, but don't regard it as legal advice. It is important to always check the exact wording of the legislation applicable to the circumstances you are dealing with.

Northern Ireland

GB legislation

The principal aim of retained EU law Regulation (EC) 178/2002, 'General Food Law' is to protect human health and consumer's interest in relation to food. It applies to all stages of production, processing and distribution of food and feed with some exceptions. Food businesses must comply with food and feed safety law.

To place safe food on the market food businesess must ensure:

traceability of food

appropriate presentation of food

suitable food information is provided

prompt withdrawal or recall of unsafe food placed on the market

food and feed imported into, and exported from, Great Britain (GB) shall comply with food law.

We have produced guidance notes on food safety, traceability, product withdrawal and recall, based on General Food Law.

General Food Law provisions

General Food Law includes principles (Articles 5 to 10) and requirements (Article 14 to 21). We outline the key provisions for food business operators laid down in General Food Law that apply to food business operators.

Safety

Article 14 states that food shall not be placed on the market if it is unsafe. Food is deemed to be unsafe if it is:

injurious to health

unfit for human consumption

The article also indicates what factors need to be considered when determining whether food is injurious to health or unfit.

Presentation

Article 16 states that labelling, advertising and presentation, including the setting in which the food is displayed, of food shall not mislead consumers.

Traceability

Article 18 requires food business operators to keep records of the following:

food

food substances

food-producing animals supplied to their business

businesses to which their products have been supplied.

In each case, the information shall be made available to competent authorities on demand.

Imports

Article 11 requires that food which is imported into Great Britain (GB) for placing on the market shall comply with the requirements of food law, or if there is a specific agreement between GB and the exporting country, then the imported foods must follow agreed requirements.

Exported food

Article 12 requires that food which is exported or re-exported from GB must comply with the requirements of food law, unless the authorities of the importing country have requested otherwise, or it complies with the laws, regulations and other legal and administrative procedures of the importing country.

When exporting or re-exporting food, provided the food is not injurious to health or unsafe, the competent authorities of the destination country must have agreed for the food to be exported or re-exported. The competent authorities must confirm this after they have been fully informed as to why the food could not be placed on the market.

Where there is a bilateral agreement between GB and another country, food exported from GB needs to comply with its provisions.

Withdrawal, recall and notification

Article 19 requires food business operators to withdraw food which is not compliant with food safety requirements and has left their control. Food business operators must recall the food if it has reached the consumer.

Withdrawal is when a food is removed from the market, this includes at point of sale. Recall is when customers are asked to return or destroy the product.

Food businesses must also notify the competent authorities (to us and the local authority) Retailers and distributors must help with the withdrawal of unsafe food and pass on information necessary to trace it.

Where food business operators have placed a food on the market that is injurious to health, they must immediately notify the competent authorities. There are also similar provisions for animal feed.

National legislation

England

In England, The Food Safety and Hygiene (England) Regulations 2013 (as amended)(Opens in a new window) provides for the enforcement of certain provisions of retained EU law Regulation (EC) 178/2002 and for the food hygiene legislation. It also provides national law for: bulk transport by sea of liquid oils or fats and raw sugar;(Opens in a new window) the direct supply by the producer of small quantities of meat from poultry or lagomorphs slaughtered on the farm; temperature control in retail establishments; restrictions on the sales and supply of raw cows' drinking milk and derogations relating to low throughput establishments (slaughterhouses).

The General Food Regulations 2004(Opens in a new window) provide the enforcement of certain provisions of retained EU law Regulation (EC) 178/2002 . It also amended the Food Safety Act 1990 to bring it in line with retained EU law Regulation (EC) 178/2002.

Offences by the Food Safety Act 1990

Main food safety and consumer protection offences created by the Food Safety Act 1990:

Section 7 - rendering food injurious to health by:

adding an article or substance to the food

using an article or substance as an ingredient in the preparation of the food

abstracting any constituent from the food

subjecting the food to any process or treatment

with the intention that it shall be sold for human consumption

Section 14 - selling to the purchaser's prejudice any food which is not of the nature or substance or quality demanded by the purchaser

Section 15 - falsely describing or presenting food

Under section 20, if the commission of an offence is due to the act or default of another person, the other person is guilty of the offence.

Under section 21 in proceedings for an offence under the provisions of Part 2 of the Act - which includes the offences listed above - it is a defence for a food business operator to prove that he took all reasonable precautions and exercised due diligence to avoid the commission of the offence

Food hygiene legislation

Food hygiene legislation is closely related to the legislation on the general requirements and principles of food law but specifically concerns the microbiological safety of food.

The legislation lays down the food hygiene rules for all food businesses, applying effective and proportionate controls throughout the food chain, from primary production to sale or supply to the food consumer.

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This overview covers the main Great Britain (GB) and retained EU legislation on the following areas: food imports and exports safety traceability labelling and product withdrawals and recalls We have summarised the wording of the legislation referred to, so please use this as a general summary of food safety law, but don't regard it as legal advice.

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In 2017, there were 4.3 million non-employing businesses in the UK, accounting for 79% of the overall 197,000 increase in businesses that year, according to . It would seem we're becoming a nation of sole traders, and there's a wide range of insurance available to help small business owners reassure their clients or simply sleep more soundly at night knowing their business is covered for common risks.

So, if you're a one-man-band, what sort of insurance could you benefit from?

When we use the term 'sole trader' we are referring to both self-employed individuals who work on their own and also businesses which are set up as a sole trader legal structure (this means the individual who runs the business takes sole responsibility for any losses and can keep all profits after tax). This type of legal business structure makes up nearly two-thirds of all businesses, according to government figures

The two types of sole trader are often lumped together, but plenty of sole trading businesses actually employ people, whilst on the other hand, lots of freelancers with no employees set up limited companies rather than a sole trading business.

Sole trader insurance requirements

When it comes find the right insurance for the self-employed , we tend to see two types of sole trader. The first buy insurance because a client requires them to; the second buy it simply because they are aware of the risks they might face and feel more comfortable having insurance.

For many freelancers and professionals, the terms of their contracts stipulate that they must be insured. Many large corporates and local authorities expect their contractors to be covered as a matter of course, normally for Professional Indemnity and Public Liability insurance .

Smaller companies and individuals can also require it, particularly if the work involves sharing sensitive information with a contractor, such as personal data or intellectual property.

It's important to understand which kind of insurance your client requires, including the limit or amount of coverage they expect you to have. It can also be a good idea to find out if certain types of insurance are commonly expected in your industry or line of work and, if so, get an idea of prices and providers so you can budget accordingly.

The other group who commonly buy insurance is the "what if" kind of people - those who lie awake at night and think about what could possibly go wrong with their new firm. You might have heard stories about fires or professional disputes from friends or colleagues and thought, "What if that were me? What if I had an illness or injury that prevented me from working? What if my computer and laptop were stolen?"

There are many different types of insurance available to give sole traders peace of mind, from personal accident or income protection if you're unable to work, to professional indemnity and sole trader public liability insurance , which cover you against claims from other people.

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In 2017, there were 4.3 million non-employing businesses in the UK, accounting for 79% of the overall 197,000 increase in businesses that year, according to . It would seem we're becoming a nation of sole traders, and there's a wide range of insurance available to help small business owners reassure their clients or simply sleep more soundly at night knowing their business is covered for common risks.

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This is article contains information about legal frameworks and compliance related to personal data. Sexy, huh? Maybe not, yet it's still crucial that you know this stuff.
On the 28th May 2018 the law will change, if you hold any personal information on people within your business, it will affect you. The General Data Protection Regulation (GDPR) is a new European Union regulation that aims to protect personal data, the countdown is on for compliance; will you be ready?

In this post we will explore the new regulations and aim to give you all the information you need within 22 digestible facts and tips.
The Basics
1. The GDPR applies to all organisations that serve the citizens of the EU. So even companies who are based outside of the European Union but have customers within it, are still expected to comply.

2. It doesn't matter how big or small your business is, this law applies to everyone.

3. According to the GDPR personal data is defined as information that is private, professional or public. Examples include names, addresses, emails, bank details, medical information and an IP addresses. You might be surprised to learn that photographs and even social media posts are considered as personal data within the regulation.

4. Information from national security or law enforcement is not part of the personal data classification by the GDPR.

5. One of the intentions of the regulations is to stop companies making unfair decisions using algorithms. It has been argued in the past that algorithmic decision making are fairer because they are removed from human judgement. Of course along with judgement, compassion has also been removed and this process has been criticised for excessive discrimination.

6. Under the new regulations if decisions about EU citizens are made using algorithms, they can be legally challenged.
Deleting data
7. After May 18th 2018, people can request that companies delete their personal data.

8. All organisations will have to delete information when the purpose for its collection is no longer relevant.

9. All organisations will have to delete information that was collected without informed and clear consent.

10. All data that has been used illegally will also have to be deleted by law.

11. In some cases deleting data does not necessarily make it secure. Hackers can still access deleted files. The solution is to encrypt the documents and then delete the encryption key. This way the data is unreadable.
Rules and Penalties
12. Larger companies will be required to employ specific data protection officers.

13. If any organisation experiences a data breach, they must notify the supervisory authority for your area but just as importantly, the individuals whose data was stolen must also be informed.

14. Breaking the GDPR comes with tough financial penalties. Companies could be hit with a €10,000,000 fine or 2% of their annual turnover. For more serious cases the penalty could be as much as €20,000,000 or 4% turnover.
Next Steps
15. The first thing to do is to complete an audit using the GDPR legal framework as a guide. This way you will identify if your business is already adhering to regulations and if not then in what areas.

16. If you operate globally, specifically identify data from EU citizens

17. Identify other businesses and organisations that are controlling, processing or storing this information for you?

18. Identify who has access to the personal data you hold.

19. Look at your procedures for protecting the data currently. Do you use psuedonymization, encryption or tokenization? If you need to take steps to ensure greater protection is put in place, then this needs to be done before May.

20. Remember to also check any data that you back up; this too needs to be protected.

21. From the audit onwards, keep a record of everything you do to protect data. If you are ever investigated by the GDPR Supervisory Authority, you need evidence that you are taking action.

22. Put into place practices so that as you obtain new data it is automatically protected. This is what the GDPR describes as "data protection by design and by default."
You are not alone
If all this talk of data, legal frameworks, fines and compliance is making your head spin don't worry, you are not alone. There are millions of organisations affected by this and everyone is scrabbling to make sure they don't fall short. Knowing that you are not alone is very powerful in business, reach out to your business network, share your concerns and you will be surprised by the practical support you will receive in return.

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The Beginner's Guide To General Data Protection Regulation (GDPR)

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This is article contains information about legal frameworks and compliance related to personal data. Sexy, huh? Maybe not, yet it's still crucial that you know this stuff. On the 28th May 2018 the law will change, if you hold any personal information on people within your business, it will affect you.