| SOME PRINCIPLES OF "DUE DILIGENCE" |
| (extracted from Butterworths Law of Food &
Drugs published by Butterworths & reproduced by permission of The Butterworths
Division of Reed Elsevier (UK) Limited) |
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|
| 1. |
The system must be under the directing will of the Company
but the principle of the company may delegate responsibility for the system
to superior servants under their contracts of employment with him or to
agents employed by him |
| 2. |
The precautions and checks to be taken depend on the size
and resources of the company, the risk imposed by the products of the company
and all other relevant circumstances of the case |
| 3. |
Reliance cannot be placed on warranties nor on general assurances
from suppliers but a person who has not prepared the food nor imported it
shall be taken to have established the defence if he proves: |
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• |
that the commission of the offence was due to an act or default of another
person who was not under his control, or to reliance on information supplied
by such a person - that he carried out all checks of the food in question
as were reasonable in all the circumstances, or that it was reasonable in
all the circumstances for him to rely on checks carried out by the person
who supplied the food to him OR that the sale or intended sale of which
the alleged offence consisted was not a sale or intended sale under his
name or mark; and |
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• |
that he did not know and had no reason to suspect at the time of the commission
of the alleged offence that his act or omission would amount to an offence
under the relevant provision. |
| 4. |
The due diligence system must be written down with adequate
instructions and training given to staff and records being kept of the checks
made to ensure that the system is working properly |
| 5. |
Any reasonable precautions, which can be taken, must be taken
and the system must be pro-active and reactive, i.e., it must be capable
of preventing faults and correcting them when they occur |
| 6. |
Complaints by consumers should be recorded and analysed to
detect any trends which may suggest a fault in the system |
| 7. |
The responsibilities of directors, managers and employees
should be stated in writing and acknowledged by them |
| 8. |
Acquisition of warranties and assurances from suppliers can
contribute to a due diligence system but see (3) above |
| 9. |
The system must be modified, adjusted or amended as required |
| 10. |
Internal and external codes of practice may contribute to
the system but are not sufficient in themselves |
| 11. |
The operation of the system must be checked and the results
of those checks must be recorded |
| 12. |
The system must cover all aspects of the business which is
subject to the Act or regulations made under the Act including: |
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• |
Hygiene and safety of premises and equipment |
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Quality, composition and safety of food products |
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Labelling and advertising |
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Staff training |
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Registration and licensing as appropriate |
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Improvement notices, prohibition or control orders as may be applicable. |