Food poisoning is not just a stomach upset. It can send a person to hospital and, in serious cases, cause death. Babies, small children, pregnant women, older people and people who are ill are at greater risk. Food safety law exists to protect every customer.
The main rules
- Regulation (EC) No 178/2002 (the European Union's General Food Law). It says that the food business is responsible for making sure its food is safe. It also requires traceability: knowing who each product was received from and who it is supplied to (one step back and one step forward).
- Regulation (EC) No 852/2004, on the hygiene of foodstuffs. It sets the hygiene rules for all food businesses, from the bar to the factory. It applies directly in Spain.
- Regulation (EC) No 853/2004, with specific rules for foods of animal origin (meat, fish, milk, eggs).
- Regulation (EC) No 2073/2005, with the microbiological criteria that foods must meet.
- Ley 17/2011, on food safety and nutrition (a Spanish law). Among other things, it governs offences and penalties. AESAN already existed: it was created by Ley 11/2001.
- Real Decreto 191/2011, which governs the General Health Register of Food Businesses and Foods (RGSEAA). Bars, restaurants and retail shops are not entered in it, but in the register of their autonomous community, after a notification or declaration of responsibility.
What happened to the food handler card
For years Spain had the "carné de manipulador de alimentos" (food handler card). Real Decreto 202/2000 replaced the old compulsory card with training provided by the business or by authorised bodies, although it still allowed a card to be required of higher-risk handlers. Real Decreto 109/2010 repealed Real Decreto 202/2000. Since then:
- There is no longer an official "food handler card" or a document model set by the State.
- The bodies that gave those courses are no longer authorised.
- The rule that governs is Regulation (EC) 852/2004 (Annex II, Chapter XII): the business operator must ensure that food handlers are supervised and receive instruction or training in food hygiene suited to their activity.
Several autonomous communities explain it this way on their websites, including the Comunidad de Madrid and the Illes Balears. If you have doubts about your region, ask your health authority. In any case, it is the employer who decides what training each job needs and how to check it. This course helps you learn and gives you a certificate of completion. It is not an official card or a regulated qualification.
Who is who
- The business is responsible for the safety of what it sells. It must have a self-checking system (HACCP), train and supervise its staff and keep the premises clean.
- The food handler (you) applies the procedures, keeps up their personal hygiene and reports any problem.
- AESAN (the Spanish Agency for Food Safety and Nutrition) is the state body that coordinates food safety, assesses risks and publishes guidance and information notes.
- The autonomous communities and town councils carry out the inspection and official control of establishments, normally through public health services.
What you must do
- Always follow your employer's procedures.
- Keep yourself, your clothes and your work area clean.
- Tell your manager about any illness before you start work.
- Report problems straight away: a cold room that is not cooling, pests, a product that looks or smells wrong.
- Never do anything that puts food at risk, even when you are in a hurry.
Inspections
Inspectors can visit a workplace without warning. They check food, records and facilities, talk to staff and may take samples. If they find problems they can ask for improvements, open penalty proceedings, suspend an activity or detain and withdraw food.
Key points
- The business is responsible for the safety of its food and must be able to trace it.
- The food handler card and the authorisation of training bodies disappeared with Real Decreto 109/2010.
- The law asks for supervision and training suited to your job, not for a particular document. The employer decides.
- Follow the procedures, look after your hygiene and report problems as soon as possible.