Shipping of smoked kippers sold online

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Dear Food Standards Agency,

Please can you tell me whether smoked kippers sold online are legally required to be shipped with an "ice pillow" or similar device to keep the kippers cool during shipping. If so please can you tell me the section or sections of the Act(s) of Parliament that are the source of this legal obligation.

Yours faithfully,

James Harvey.

FCT, Food Standards Agency

Dear James

 

FREEDOM OF INFORMATION REQUEST

 

Thank you for your email to the Food Standards Agency requesting
information under the Freedom of Information Act 2000 (the Act).

 

Your request for information is as follows:

 

Please can you tell me whether smoked kippers sold online are legally
required to be shipped with an "ice pillow" or similar device to keep the
kippers cool during shipping. If so please can you tell me the section or
sections of the Act(s) of Parliament that are the source of this legal
obligation.

 

Your request for information is being handled under the terms of the Act.

 

As required by the Act, we aim to respond to your request for information
within the statutory timeframe of 20 working days from the date it was
received. Your request was received on 22 July 2019; therefore you should
expect to receive a response by 19 August 2019.

 

If, for reasons permitted under the FOI Act, we are unable to meet this
deadline, we will keep you fully informed and let you know when you should
expect a full response.

If you have any queries about this email please respond to us directly.
Please remember to quote the reference number above in any future
communications.

 

To see how we manage your personal data, please go to our [1]Privacy
Notice for Freedom of Information and Environmental Information Requests  
on the FSA’s website [2]www.food.gov.uk

 

Yours sincerely

 

 

 

Bolanle Ojoye

Senior FOI Advisor

020 72768612 / ext 18612

07790 565454

 

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Jill Wilson, Food Standards Agency

Link: [1]File-List

 

Dear Mr Harvey

 

FREEDOM OF INFORMATION REQUEST

 

Thank you for your email to the Food Standards Agency (FSA) requesting
information under the Freedom of Information Act 2000 (the Act)

 

Your request is for the type of information which we have readily
available and which we usally supply as part of our normal business. 
Therefore, we are providing you with the information on that basis outside
the terms of the Act. 

 

You requested the following information:

Please can you tell me whether smoked kippers sold online are legally
required to be shipped with an "ice pillow" or similar device to keep the
kippers cool during shipping. If so please can you tell me the section or
sections of the Act(s) of Parliament that are the source of this legal
obligation.

 

Smoked kippers that are sold online in the UK must be kept at an
acceptable temperature throughout transit.  UK rules do not specify the
materials to be used as long as they are suitable for the food and the
conditions of use.

 

Relevant legal provisions are set out in EU food hygiene regulations
178/2002, 852/2004 and 853/2004.  The [2]Food Safety and Hygiene (England)
Regulations 2013 (SI 2013 No 2996, as amended by SIs 2014 No2748, 2014 No
2885 and 2016 No 868) provides for the enforcement of certain provisions
of the EU food hygiene legislation and temperature control requirements in
retail establishments.

 

Regulation (EC) 178/2002 lays down the general principles and requirements
of food law.  It requires that food must not be placed on the market if it
is unsafe (Article 14) and places a responsibility on Food Business
Operators to ensure that food remains safe to eat (Article 17).  

Regulation (EC) 852/2004 sets out the requirements for the hygienic
production of all foods.  It requires that Food Business Operators ensure
that all stages of production, processing and distribution of food under
their control satisfy the relevant hygiene requirements (Article 3).  Food
Business Operators are required to put in place a food safety management
system based on the HACCP principles (Article 5) which would include
temperature controls where relevant.

Regulation (EC) 853/2004 sets out specific hygiene rules for food of
animal origin.  It states that during transport, fishery products (which
would include smoked fish) must be maintained at the required temperature
and, if kept under ice, melt water must not remain in contact with the
products. (Annex III, Section VIII, Chapter VIII).

Further information and advice about distance selling is available on our
website at
[3]https://www.food.gov.uk/business-guidanc...

 

 

Yours sincerely

 

 

 

Jill Wilson

------------------------------------

Jill Wilson | Food Hygiene Policy Adviser| General Food Hygiene Policy
Branch
Food Standards Agency, 6^th Floor, Clive House, 70 Petty France, London
SW1H 9EX
Mobile: +44 (0)7500 57 8810

Web: [4]www.food.gov.uk

 

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