The origins of the common law action in passing off. The essential requirements – goodwill, misrepresentation and damage. Goodwill in invented words, descriptive words, real names, in packaging and styles of advertising. The exclusivity of goodwill to the claimant trader – the effect of the passage of time – geographical limitations. Misrepresentation and deception, innocent and unintentional misrepresentation.
Hazard Analysis and Critical Control Points (HACCP) as a system derived from the work of the Codex Alimentarius. The HACCP principles to be applied by food business operators carrying out any stage of production, processing and distribution of food after primary production. The flexibilities in HACCP adoption and implementation for small businesses. Non-compliance as an offence. Guides to good practice and status of guides recognised by the Food Standards Agency (FSA). List of recognised guides and range of food safety management packs made available by the FSA.
Duty of food business operator to cooperate with food authorities and register establishments – purpose of registration. Regulation (EC) 852/2004 and Regulation (EC) 853/2004. The supply of ‘small quantities’ of primary products and registration. The requirement to register in its application to ‘undertakings’. The process for registering an establishment. The requirement for the approval of food businesses involved in handling food of animal origin. The responsibilities of the Food Standards Agency and local food authorities.