Question to the Department of Health and Social Care:

To ask the Secretary of State for Health, with reference to the Answer of 30 October 2012, Official Report, column 146W, on food: charitable donations, and 7 March 2013, Official Report, column 1105, what assessment (a) his Department and (b) the Food Standards Agency has made of the compatibility of legislation to remove criminal and civil liability from good faith food donors with EU food safety laws.

We are advised by the Food Standards Agency (FSA) that consideration was given to whether an exemption from European Union food safety law was available in respect of donations of food for charitable purposes in 2012. The FSA's view at that time was that no exemption is available and as the FSA's advice has not changed it does not consider that any further assessment of the issue is necessary.

The FSA published guidance on its web site in July 2013 on which charitable and community food provision does not require registration. This can be found at:

http://multimedia.food.gov.uk/multimedia/pdfs/hall-provision.pdf

Food supply not requiring registration is exempt from the requirements of food hygiene legislation although all such provision is still required to provide food that is safe.