What the Recent B&M Prosecution Means for Food Businesses
Following the recent prosecution of B&M by Birmingham City Council, I thought it would be helpful to clarify what happened and, more importantly, what food businesses can learn from it.
What happened?
Three B&M stores were found to have significant food hygiene failures caused by rodent infestations.
As a result, B&M was fined £2 million, ordered to pay £18,000 in costs, and a £2,000 victim surcharge.
The level of fines for food safety offences is based on guidance issued by the Sentencing Council, with penalties taking into account factors such as the seriousness of the offence and the organisation’s annual turnover rather than its annual profit.
Sentencing Council guidance:
https://sentencingcouncil.org.uk/guidelines/organisations-breach-of-food-safety-and-food-hygiene-regulations
What does this mean for your business?
Whether you operate one food premises or several, you have a legal duty to ensure food is produced, stored and sold safely.
This means having a robust and effective Food Safety Management System (FSMS) in place. This may be:
- Safer Food Better Business (SFBB)
- A HACCP-based system
- Your own documented food safety management system
However, simply having paperwork isn’t enough. Your system must be accurate, up to date and, most importantly, followed by everyone in the business.
Your team should be trained and understand:
- Food hygiene procedures
- Cleaning schedules and frequencies
- Cross-contamination controls
- Pest prevention and reporting procedures
- The importance of regularly checking the condition of the building and reporting any defects that could allow pests to enter
Monitoring is essential
As the Food Business Operator (or through a competent person you appoint), you must regularly monitor the business to ensure your food safety management system is being followed.
This should include:
- Observing staff practices
- Reviewing food safety records
- Carrying out regular internal audits
- Identifying and correcting problems promptly
- Inspecting the building for signs of damage or pest entry points
- Ensuring staff know what to look for and who to report concerns to
If you employ a manager, they can carry out many of these responsibilities on your behalf. However, if they also have wider responsibilities—such as running a hotel, restaurant or bar, managing staff or procurement—you should ensure they have sufficient food safety knowledge and the time to carry out these duties effectively.
Remember…
The legal responsibility for food safety always rests with the Food Business Operator (whether that’s an individual or a company), not simply the manager.
It’s also worth remembering that when courts determine fines for food safety offences, they look at the annual turnover of the business rather than its annual profit.
Need some help?
If you’d like to review your Food Safety Management System, improve your procedures, or prepare for your next Environmental Health inspection, I’d be happy to help.
Find out more here: https://safetyinaction.co.uk/services/
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If you think I can help your business do call on 07786622741or email on info@safetyinaction.co.uk You can also find us on twitter @safety_inaction or Facebook https://www.facebook.com/SafetyInAction
These blogs have been written in collaboration with the AI tool Chat GTP.
Food Safety Consultant | Worcestershire | West Midlands | Hospitality | Environmental Health Advisor