How to manage a food business if you sell products online, for takeaway or for delivery

In every business, there are a lot of lessons to be learned, each industry with its own complications and legal considerations. The food business, though? It’s in its own league. There is a dense forest of information (and misinformation), more risk of legal implications, and a volatile supply chain that can be affected by anything from weather to, well, healthy airborne bacteria.

Distance selling, mail order and delivery. Distance selling means any selling that happens without face-to-face contact with the consumer.  

Methods of selling include: 

• Online 
• Text messaging 
• Phone calls 
• Interactive TV 
• Mail order 

Setting up 

You need to register with your local council 28 days before opening. The environmental health department can also provide advice on compliance with food safety and food hygiene laws. 

Trading Standards Departments can offer general advice on legal requirements for buying and selling goods online. 

Temperature 

All foods must be delivered to consumers in a way that ensures that they do not become unsafe or unfit to eat. Foods that need refrigerating must be kept cool while they are being transported. This may need to be packed in an insulated box with a coolant gel or in a cool bag. 

Food sent by post needs to be sent to consumers in packaging that is strong enough to remain intact. Once sent, the food should be delivered as quickly as possible, ideally overnight. When the order is made, the consumer must be told when they can expect delivery. 

Legal requirements for food sold online 

When you sell food by mail order or via the internet, the food you sell is subject to the UK food law. The main law on distance selling is the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This law applies to all goods sold by distance selling, not just food. 

Legal topics cover: 

• Safety 
• Record keeping 
• Product withdrawal 
• Product recall 
• Good hygiene 
• Labelling 
• Specific to the type of food which you are selling 

The main concern is the condition of the food when it reaches the purchaser. 

The law covers: 

• Information the seller needs to provide customer before making the sale 
• Rights to cancel the contract 
• Recovery of sums paid on cancellation 
• Restoration of goods by the consumer after cancellation 
• Delivery of food and drink to a consumer’s residence or workplace 

If you are selling via the internet the Electronic Commerce (EC Directive) Regulations 2002 will also apply to your business. 

Source: Food Standards Agency 

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