THE CHURCH OF SCOTLAND Mrs Janette Wilson LLB NP LAW DEPARTMENT Solicitor of the Church 121 George Street Edinburgh, EH2 4YN Miss Mary E Macleod LLB NP Depute Solicitor Tel. 0131 225 5722 Fax 0131 220 3113 DX ED 144 If telephoning please ask for: Mrs. Wilson . Our ref: JSW/MW/LD1618 Your ref: 17th November, 1999 Direct Dial: 0131 240 2213 Email jwilson@cofscotland.org.uk TO: ALL PRESBYTERY CLERKS Dear Presbytery Clerk, Food Safety Act 1990 and relevant Regulations Because of the current high profile of matters relating to food safety, I have been asked to issue further guidance in relation to legislation affecting Church Congregations which provide catering from their premises. There have, in fact, been no recent major legislative changes in the law although it is anticipated that the recently enacted Food Standards Act, the principal purpose of which is to establish a Food Standards Agency may, in due course, affect Congregations. If so, further guidance will, of course, be issued at the time. In terms of the Regulations made under the Food Safety Act 1990, premises used for a food business (whether or not carried on for profit) must be registered if they are used for this purpose on five or more days in any period of five consecutive weeks. However, premises used for voluntary or charitable organisations where no food is stored for sale are exempt from registration as are: (a) Premises where the only commercial operations comprise the sale of food from automatic vending machines; (b) The supply of beverages, biscuits etc. where the principal activity of the business is not the sale of food; and (c) The supply of food in the course of a religious ceremony. Many/.. -2- Many Church premises may, therefore, be exempt from the requirement to register. However, it is strongly recommended that, in all cases (and particularly if there is any doubt as to whether any activity could constitute the storage of food), contact should be made with officials of the Local Authority Environmental Health Department, who should be invited to inspect the premises. Irrespective of any requirement to register, Congregations should be diligent in following up promptly any recommendations made by Environmental Officers as to improvements to be made to the facilities and in regard to cleaning and general hygiene. Additionally, the law requires that "food handlers" (that, is, those who are involved in food preparation in any form more sophisticated than the making of tea/coffee and the provision of biscuits) "should be trained, instructed and supervised in food hygiene according to the work that they do". The Regulations lay down no specific form of training but obviously, those who handle food will be expected to observe good personal hygiene, to wash their hands when handling food and never to smoke in food handling areas. It is, however, strongly recommended that Congregations should arrange for structured training for volunteers and that they should be encouraged to ensure that as a minimum, there is at least one holder of an elementary Food Hygiene Certificate present when food in any form (beyond tea/coffee and biscuits) is being prepared on Church premises by members of the Congregation. Some Presbyteries have been proactive in the matter and this policy is to be commended. As an example, there is attached information sent by the Presbytery of Edinburgh to the Clerks of all Financial Boards urging them to arrange for volunteers to be trained appropriately. Presbyteries may also wish to draw Congregations' attention to the article entitled "Taking Pot Luck" by Muriel Armstrong which appeared in the August 1999 edition of "Life & Work". Congregations should also be reminded that, although any civil claim for damages arising from a case of food poisoning would, it is anticipated, be covered by a Congregation's public liability policy, such a policy does exclude deliberate acts or omissions. There is, therefore, a possibility that the insurance cover might be withdrawn by the company and personal liability would attach to individual officebearers in cases where those officebearers were aware that standards were such in the Church kitchen that the food supplied was manifestly unsafe for human consumption. There are two other related matters to which I would draw attention: (a) Labelling of Food containing Genetically Modified ("GM") Soya or Maize Regulations have been introduced which apply to "businesses", which are defined to include the undertaking of a canteen, club, school, hospital or institution, whether carried on for profit or not. The Regulations, accordingly, cover the supply of food by charities or voluntary organisations and have applicability to Church circumstances. Businesses are required to notify customers of the presence of GM ingredients by way of a menu, notice, ticket or label at the premises. This can be done in two ways: (1) The indicating by notice or otherwise precisely which food products contain GM soya or maize; or (2) The use of a less specific notice and the providing of information via one or more nominated serving staff. An example of the notice would be in the following terms: "Some of our foods may contain ingredients produced from genetically modified soya and/or maize. Please ask the staff for further details." It/… -3- It should be noted, however, that whilst businesses are required to take all reasonable precautions and exercise all due diligence in regard to the labelling of products, what will be considered reasonable will depend on all the circumstances, including the size and the resources of the business concerned. Additionally, the level of enforcement is a matter for Local Authorities and, bearing in mind the demands on Environmental Health Officers, it seems unlikely that the issue will be given high priority so far as Church catering is concerned. 2. Food Allergies (Anaphylaxis) Although no specific Regulations have been enacted, most people nowadays have become aware that a small but significant proportion of the population suffers from potentially fatal food allergies, particularly with regard to nuts (especially peanuts). For some, seeds and shellfish can also be a hazard. Those involved in Church catering should be aware of such allergies and procedures should be in force so that, if asked, information can be provided as to food ingredients. An added problem is crosscontamination as even a tiny trace of a lifethreatening ingredient may prove a danger. Where such ingredients feature in food served on Church premises, it may be felt appropriate to put up a notice or include a reference on menus or similar documentation that some of the food served may contain nuts or are not suitable for those suffering from nut allergies. Posters and relative booklets giving further information can be obtained from the Ministry of Agriculture Fisheries & Food by telephoning: 0645556000. Congregations having specific enquiries in regard to the above or with respect to food safety generally, should contact the Law Department for further guidance. Yours sincerely, “MRS. J.S. WILSON” Encl. PRESBYTERY OF EDINBURGH CHURCH OF SCOTLAND _____________________________________________________________________________________________ Presbytery Office: 10 Palmerston Place Edinburgh EH12 5AA 0131 0131 225 9137 2 March 1999 To Clerks of Financial Boards Dear Clerk FOOD SAFETY ACT 1990 Under the Food Safety Act 1990 food handlers require training to a standard commensurate with their work activities. Several congregations may well have already taken the appropriate action. The Presbytery now wishes to alert all Financial Boards to the situation. One of the congregations which has already tackled this issue held an Elementary Food Hygiene Course and a Guidance Pack based on their experience is now enclosed for reference. These notes are for guidance only and will provide congregations with a starting point. A sample letter and forms, which may provide useful, have been included: You will note that this is a Certificate Course with an examination but we are assured that the exam is not too onerous (with multiple choice questions )! Your congregation may already have persons who are Certificate Holders through their employment – well worth checking. Please ensure that an adequate number is trained to cover all organisations within your congregation. The cost of training is significant. Check with the “supplier” before making any final arrangements. Financial resources vary considerably and we would invite congregations to team up with others less able to fund this expenditure. . While the Presbytery has taken the initiative in alerting congregations to the requirements of the Act, the responsibility for compliance lies with Financial Boards who would be liable in the event of any proceedings arising from failure to comply. Yours sincerely "W. Peter Graham" Presbytery Clerk CHURCH OF SCOTLAND EDINBURGH PRESBYTERY FOOD HYGIENE GUIDELINES WHERE DO WE START? Food Hygiene Co-ordinator Appoint a Food Hygiene who should be available from the start until completion of the project, although thereafter there will be a monitoring exercise. This person may be the Property Convener, Halls Convener or other existing Office Bearer . Local Authority Inspection Telephone and arrange for the City of Edinburgh Council (529 3030), Environmental and consumer Services, at Chester House, 500 Gorgie Road, Edinburgh EH11 3Y J [or the local Authority for your area], to inspect church premises and provide guideline on Kitchen facilities. Also, ask their Representative for the current leaflet on ‘Agencies Offering Food Hygiene Training’ and separately a Food Premises Registration Form for completion.. Any alterations required? Follow their instructions on any alterations required Which will probably be relevant to work surfaces, storage space, sinks, wash hand basin and cleaning schedules. (Not a complete list but likely areas of concern.) This will undoubtedly have financial implications. Contact Organisations Food handlers will need trained. Contact all organisations in writing and advise them of restrictions and requirements. Arrange Training Arrange certificate course (Elementary Food Hygiene) by a Royal Environmental Health Institute of Scotland Licensed Trainer. Ensure that standards are then maintained. Outside Caterers Only outside caterers who hold the Elementary Food Hygiene Certificate should be used and they have adequate insurance cover. Church Lets Let agreements for outside agencies should include the requirement for Food Hygiene Certificate Holders. Summary This is merely a quick summary to provide a starting point. It should not be regarded in any manner an authoritative document. Local Parish Church Elementary Food Hygiene Certificate Course 1999 To Organisation Co-ordinator's Name/Address C/o Leader's Name and Address Date Under the Food Safety Act 1990 food handlers require training to a standard commensurate with their work activities. We intend to hold an Elementary Food Hygiene Certificate Course conducted by a Royal Environmental Institute of Scotland licensed Trainer on Date. WHO SHOULD ATTEND At Local Parish Church food preparation in any form (beyond teal coffee and biscuits) will require a Certificate Holder present your organisation is likely to have any form of food preparation (remembering to include barbecues!) a delegated person(s) should attend. PLACE Local Parish Hall DATE AND TIME Date 9am till 5pm FORMAT Full day course with morning coffee, lunch and tea/coffee in the afternoon. There is a formal exam at the conclusion of this course, which takes the form of 'multiple choice questions'. Handouts will be provided but feel free to bring a notebook. COST £XX per person. This sum will include a handbook, examination paper and certificate. If your organisation will find difficulty in meeting this amount please contact me. NEXT STEP Please return the enclosed form with payment no later than XXX. It is important this form is returned by this date, even if your organisation will not be represented. Two clear weeks are required to thereafter obtain the course material for each person. It is fully realised that this Course will involve one full day for already busy people, but you will no doubt appreciate the requirement. If you have any questions please telephone me in the first instance. If you employ outside caterers they should be suitably qualified and hold adequate insurance cover. Please keep this letter with your records and pass it on when any changes in Office Bearers occur, so that they are aware of these requirements. Your own name Local Parish Church Elementary Food Hygiene Certificate Course Please return the completed form to Co-ordinator s Name and Address By XXX NAME OF ORGANlSATION Please give some indication of your organisation’s _____________________________ Present activities relevant to food handling. Name and address of person(s) who will attend together with their telephone number _____________________________ _____________________________ _____________________________ _____________________________ Please tick the relevant paragraph The above Person(s) will attend this course and attend this course and please find enclosed payment of £ by cash/cheque made payable to Local Parish Church. We do not consider that we require representation on this course and we have otherwise noted the restrictions that apply . Signature __________________________ Date __________________________ ELEMENTARY FOOD HYGIENE CERTIFICATE COURSE Local Parish Church Premises Completion of this form by your organisation is required when outside Caterers are used. Before final arrangements are made, please return to xxx. Food Hygiene Co-ordinator. Name of Organisation Person in charge Type of event and date Full name and address of caterers Caterers' Telephone Number Name of their Food Hygiene Certificate Holder(s) At which level (e.g. Elementary Food Hygiene Certificate) Name and Address of Caterers' Public Liability Insurers Policy Number Expiry Date Limit of Indemnity Signed Printed Name Date ALL SECTIONS MUST BE COMPLETED Appoint a Food Hygiene Co-ordinator who should be available from start of the project until completion, although thereafter there will be a monitoring exercise. Arrange for the City of Edinburgh Council, Environmental and Consumer Services, Chesser House, 500 Gorgie Road, Edinburgh EH11 3YJ (529 3030) to inspect church premises and provide guidance on Kitchen facilities. Follow their instructions on any alterations required which will probably be relevant to work surfaces, storage space, sinks, wash-hand basin and cleaning schedules. (Not a complete list but likely areas of concern.) This will undoubtedly have financial implications. Food handlers will need trained. Contact all organisations in writing and advise them of reactions and requirements. Arrange certificate course (Elementary Food Hygiene) by the Royal Environmental Health Institute of Scotland. Ensure that standards are maintained. Only outside caterers who hold the Elementary Food Hygiene Certificate should be used and ensure they have adequate insurance cover. Let agreements for outside agencies should include the requirements for Food Hygiene Certificate Holders. This is merely a quick summery to provide a starting point. It should not be regarded in any manner an authoritative document.