Guidance for food businesses on selling food for delivery
(distance selling)
What is distance selling?
Distance selling means any selling carried out without
face-to-face contact with the consumer, e.g. via the internet, text
messaging, phone calls, faxing, interactive TV or mail order.
What do I need to do when setting up a distance selling
food business?
When you start a mail order or internet based food business you
must, like any other food business, register with the Environmental
Health Department of your local council at least 28 days before
opening. You should also take advice on legal requirements from
them and the Trading Standards Department.
How quickly should food be delivered if it’s sent by
post or courier?
If foods that need refrigerating (such as fish, meat products,
cooked foods, many dairy products and ready-prepared salads) are
sent by post or courier, they should be delivered as quickly as
possible, ideally overnight, and they should be kept cool until
delivery. All foods must be delivered to consumers in a way that
ensures that they do not become injurious to human health or unfit
for human consumption. If you need advice concerning food safety
for specific products you may wish to contact one of the food
research associations or firms that carry out public analyst
work.
When the consumer places an order, make sure the consumer knows
when they can expect delivery. If foods that need refrigerating are
delivered late, this might mean they haven’t been kept cool
enough.
How should food be packaged if it’s sent through the
post?
You should send food to consumers in packaging that is strong
enough to remain intact. Foods that need refrigerating (such as
fish, meat products, cooked foods, many dairy products and
ready-prepared salads) must be kept cool while they are being
transported. Sometimes they will need to be packed in an insulated
box with a coolant gel, or in a cool bag. Any packaging should be
capable of protecting the food while it is in transit.
What laws will apply to my distance selling food
business?
When you sell food by mail order or via the internet, the food
you sell is subject to the full body of UK food law - please see in
particular the sections on general food law (safety, traceability,
withdrawal and recall), hygiene and labelling on our website
www.food.gov.uk. You should bear in mind in particular when
considering the safety aspects of selling food by distance selling
the condition which the food is likely to be in when it reaches the
purchaser.
The main law on distance selling is the Consumer Protection
(Distance Selling) Regulations 2000, which applies to all goods
sold by distance selling, not just food. This lays down important
requirements such as:
• the information which the seller needs to provide to the
purchase before making the sale
• rights to cancel the contract
• recovery of sums paid on cancellation
• restoration of goods by the consumer after cancellation.
It also gives an exception for delivery of food and drink to a
consumer’s residence or workplace, for example milk deliveries.
If you are selling via the internet the Electronic Commerce (EC
Directive) Regulations 2002 will also apply to your business.
What other main guidance has been produced on distance
selling?
- A guide for consumers on our Eatwell website to mail order and
online selling is available at www.eatwell.gov.uk
- A guide for enforcement officers on distance selling is
available www.food.gov.uk
Contact Food Safety
Food Safety Team
Environmental Health
Dover District Council
White Cliffs Business Park
Dover
Kent CT16 3PJ
Telephone: 01304 872216
E-mail: envhealth@dover.gov.uk
