Dear Chac,
“Due Diligence” is a concept used in relationship to the UK Food Law. Am definitely no expert here (see below) but if I understand it correctly, it acts as a very strong incentive to ensure that both manufacturers and importers (carry out) / (verify the carrying out of) various activities so as to ensure a safe food supply. Conceptually I deduce that it effectively compels the trade to perform some control functions which might elsewhere (Germany ??) be carried out by official bodies (any UK specialists, please correct me if I’m wrong here). I’ve extracted a few more authoritative comments below which should explain it much clearer.
1. - The principal defence for a person alleged to have committed an offence under The Food Safety Act 1990 is known as “Due Diligence”.
"Due Diligence” is a defence allowed under the Act, it is not compulsory or a statutory requirement.
This enables someone to be acquitted of an offence if they prove that they "took ALL reasonable precautions and exercised ALL due diligence" to avoid committing the offence.
Earlier food law allowed a written warranty to the effect that the goods complied with all relevant legislation, to be pleaded as a defence. A written warranty is no longer a defence in itself. However it might still form part of a "due diligence" defence.
It is therefore, good practice to have a control system in place to cover *all aspects of the operation of the business which concerns compliance with food standards requirements.
* [A system which is adequate to control foreign bodies in food will not ensure that compositional requirements are met for example].
Taking reasonable precautions involves the setting up of a control system having regard to the nature of the risks involved.
Due diligence involves securing the proper operation of that system.
The system should address the following points:
• raw materials.
• production.
• recipe, specifications, or compliance with compositional standards.
• packing and storage.
• labelling and advertising.
• packaging.
• monitoring complaints.
• record keeping.
• training.
Note: This list is not exhaustive.
The operation of the system must be kept under review and amended as necessary.
There must be adequate liaison with manufacturers, packers and suppliers on matters relating to legislative or other changes in requirements for product specification.
These notes are for guidance only and do not represent an authoritative interpretation of the law which can only be given by the Courts.
More information/Disclaimer ………………….
http://www.leics.gov...ity_control.htm
2.“To be fully compliant with legislation, food businesses need a documented Food Safety Management System. Not only is this useful in food safety management, but it can form a crucial part of your defence in the unfortunate event of legal action being taken against you or your company.
"Due diligence defence" (Food Safety Act 1990, Food & Environment Protection Act 1985)
It is a defence for any person charged with an offence under either act to prove that he took ‘all reasonable precautions and exercised all due diligence’ to avoid the commission of the offence. The burden of proving the defence, on the balance of probability, falls on the defendant.”
http://sentinelsafet...ood-safety.html
3. “The UK, as a member of the European Union (EU), conforms to all EU Directives, Regulations and obligations. We therefore recommend that this report is read in conjunction with the Food and Agricultural Import Regulations and Standards (FAIRS) report produced by the U.S. Mission to the EU in Brussels, Belgium - Report Number: E29117.
Available at through FAS Online Reports - use the Search function at: http://www.fas.usda....rep/default.asp
The vast majority of food laws of the EU member countries have already been fully harmonized into EU law. Where EU regulatory harmonization is not yet complete, imported product must meet existing UK requirements. Areas which are yet to be harmonized include materials in contact with food and foods for particular nutritional uses.
Based on the EU single market principle, all food products legally imported and distributed in one member country of the EU can also be distributed in all other member countries, except in those cases when a country can prove health concerns about the product intended for import.
The marketing and sale of foodstuffs in the United Kingdom (UK) is governed by the Food Safety Act 1990. The Act makes it an offence for anyone to sell, or possess for sale, food which:
has been rendered injurious to health
is unfit or so contaminated that it would be unreasonable to expect it to be eaten
is falsely described, advertised or presented
is not of the nature, substance or quality demanded
The Act addresses inspection, detention and seizure of suspect food, food hygiene inspections and, more relevant for UK domestic production, powers to make prohibition notices to stop a UK factory production. Imported foods can be inspected for safety at any point in the distribution chain, port of entry (by Port Health officials), retail, foodservice or wholesale level (by Trading Standards Officers).
The Act also makes for the defense of "due diligence". In practice, this means that a UK importer, faced with a legal action involving a U.S. product which contravenes the requirements listed above, must show that they took "all reasonable precautions" and exercised all "due diligence" to avoid committing an offence. This, in effect, makes traceability of the product supply chain and its ingredients very important.”
http://london.usemba...s/food_laws.htm
4. The BRC website has this -
“Developed by the BRC (the British Retail Consortium, a UK trade organization that represents the interests of the UK retailers), the BRC Global Standard - Food, was created to establish a standard for the supply of food products and to act as key piece of evidence for UK retailers and brand owners to demonstrate ‘due diligence’ in the face of potential prosecution by the enforcement authorities.
The standard is being adopted by food suppliers throughout the world and especially for those organizations supplying British retailers. Certification to the standard helps manufacturers, brand owners and retailers fulfill their legal obligations whilst ultimately safeguarding the consumer. The standard possesses a comprehensive scope covering all areas of product safety and legality and addresses part of the due diligence requirements of both the supplier and the retailer.
Who is it for?
Particularly suitable for any suppliers, regardless of product or country of origin, that supply food product to the UK retailers. Indeed, many UK retailers recommend that their food product suppliers meet the requirements of the BRC Global Standard - Food.”
http://www.brc.org.u...subsection_id=2
(the word “recommend” in last paragraph is a rather polite understatement of course!)
Hope the above helps a bit. There is also an old forum thread on this topic - http://www.ifsqn.com...?showtopic=1373
Rgds / Charles.C