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United Kingdom
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Key definition
Local authority definition

What does Local authority mean? In legal practice, a local authority is the elected council that provides local government for a defined area, exercising statutory functions including planning, housing, social care, education, highways, environmental health, licensing, and the collection of council tax or rates. The expression appears widely in legislation and case law; its precise scope is set by the relevant statute. England: county councils and district councils (including metropolitan boroughs), unitary authorities, London Boroughs and the Common Council of the City of London; parish and town councils are local authorities at the most local tier. Wales: unitary county and county borough councils. Scotland: the...

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Prosecuting Food Safety Act 1990 offences: enforcement options, prosecutorial tests and grounds to challenge decisions

Practice notes
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Local authorities can employ a range of measures to secure business compliance with the Food Safety Act 1990 (FSA 1990) and the relevant Codes of Practice, using proportionate and escalating interventions as required, such as:

  • education
  • advice
  • guidance
  • warning letters
  • improvement notices
  • emergency prohibition notices
  • formal cautions
  • prosecution

For an overview of the principal offences under the FSA 1990, see Practice Note: Food Safety Act 1990 offences. For details on out-of-court disposals, see Practice Note: Alternatives to prosecution for adults.

As set out in the Food Standards Agency’s (FSA) Food Law Code of practice and Food Law Practice Guidance, the choice of enforcement action turns on the level of risk posed to public health. Prohibition notices and prosecution are reserved for circumstances where there is an imminent risk of injury to health linked to premises, a specific item of equipment or a process, or where there has been a serious breach of a food business’s duties.

Factors influencing the decision to prosecute

Prosecution might be pursued as an alternative...

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Web page updated on 21/05/2026

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