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It has been suggested that "open food" is any food which goes straight to the
mouth without removal of either skin, peel or wrapping material.
This could include unboxed apples and grapes, but not the banana or any other
fruit sold with a skin to be subsequently peeled. Such a description would bring the stall
of the barrow boy within the purview of the appropriate clauses. To describe "open food"
as food liable to contamination by reason of not being prepacked is yet another method of
giving a practical interpretation. As to whether an apple or an orange is open food or
otherwise appears to depend purely upon whether they are in containers or not.
The completely new definition of "Open Food" i.e. food which is not in a container
of such material as to exclude all risks of contamination, may be intended to mean food which
is not packeted, boxed or tinned. It seems reasonable to consider that any food in a porous
container is "open food" as there is some risk of contamination. Food therefore in ordinary
porous bags is "open food". It may be argued also that oranges, bananas and eggs are examples
of "open food."
What is a Food for Immediate Consumption ?
Section 25 of the Regulations lays down the provisions governing the temperatures
at which certain foods shall be kept and in doing so mentions the term "for immediate
consumption."
The questions that confront Inspectors in attempting to interpret this phrase aredoes
it apply only to food which is being consumed on the premises, such as a cafe,
restaurant, canteen or hotel, or does it extend to fish and chips to be eaten in the street
and to fruit which is eaten without prior cooking, such as apples, pears etc.
Two interpretations have been suggested:-
1. that the phrase applies to all foods which can be eaten without further preparation
(i.e. luncheon meat, custard pies, etc.), even if they were bought for consumption
later somewhere other than on the premises where they were bought and
that in view of the distinction made in paragraph 2 of Regulation 3, between a
retail business and one supplying food for immediate consumption, the phrase means
food to be consumed on the premises where it is bought (i.e. cafes etc.).
Sinks.
Ever since the Food Hygiene Regulations, 1955, were first published, controversy
has raged over the question of how many sinks a catering establishment should have.
The Regulations state "there shall be provided and maintained in all food premises
suitable and sufficient sinks or other facilities (not being wash-hand basins) for food and
equipment used in the food business and there shall be provided and maintained for every
such sink or other facility an adequate supply of either hot and cold water or of hot water
at a suitably controlled temperature, except that a supply of cold water shall be sufficient
xor any sink or other facility not used for any other purpose than the washing of fish,
tripe, animal casings, fruit or vegetables".
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