chapter 6 the restaurant sector: food. copyright © 2007 by nelson, a division of thomson canada...

Chapter 6 The Restaurant Sector: Food

Copyright © 2007 by Nelson, a division of TCopyright © 2007 by Nelson, a division of Thomson Canada Limitedhomson Canada Limited

22

Summary of Objectives

To examine the legislative and common To examine the legislative and common law issues particular to the food service law issues particular to the food service industryindustry

To explore the legal issues associated To explore the legal issues associated with advertising in the restaurant sectorwith advertising in the restaurant sector

To identify causes of food poisoning and To identify causes of food poisoning and the standard operating procedures that the standard operating procedures that reduce the risk of itreduce the risk of it


33

Food Standards

A duty of care is owed by food A duty of care is owed by food service operators to the public.service operators to the public.

There are two implied conditions There are two implied conditions of food offered for sale:of food offered for sale:

• It will be of merchantable qualityIt will be of merchantable quality

• It will be fit for human It will be fit for human consumptionconsumption


44

Food Standards 2 A breach of the implied terms A breach of the implied terms

occurs if food containsoccurs if food contains

• foreign objectsforeign objects

• poisonspoisons

• diseases diseases


55

Food Standards 3 The doctrine of The doctrine of res ipsa loquiturres ipsa loquitur

applies if a plaintiff becomes ill or is applies if a plaintiff becomes ill or is injured as a result of eating or drinking injured as a result of eating or drinking at a restaurant.at a restaurant.

Res ipsa loquiturRes ipsa loquitur means that, but for means that, but for the negligence of the manufacturer or the negligence of the manufacturer or restaurant operator, the plaintiff’s restaurant operator, the plaintiff’s illness or injury could not have illness or injury could not have occurredoccurred


66

Food Standards 4 The duty of care required in The duty of care required in

kitchens also focuses on avoiding kitchens also focuses on avoiding unreasonable risks associated with unreasonable risks associated with

• kitchen implementskitchen implements

• pieces of equipmentpieces of equipment

• ingredients that are flammable or ingredients that are flammable or that can scaldthat can scald


77

Standard of Liability

Manufacturers are liable for Manufacturers are liable for injuries even if precautions were injuries even if precautions were taken.taken.

A restauranteur’s standard is A restauranteur’s standard is lower than, but close to, that of lower than, but close to, that of strict liability.strict liability.


88

Standard of Liability 2 A person who purchases a A person who purchases a

restaurant meal and becomes ill restaurant meal and becomes ill can sue directly in contract.can sue directly in contract.

A person who becomes ill but did A person who becomes ill but did not pay for the meal can sue not pay for the meal can sue using the tort law bypass, the using the tort law bypass, the neighbour principleneighbour principle..


99

The Food and Drugs Act Applies to food, drugs and Applies to food, drugs and

cosmeticscosmetics

Controls labelling and advertising Controls labelling and advertising of these productsof these products

Sanctions for breaches include Sanctions for breaches include fines and prison terms.fines and prison terms.


1010

Sale of Goods Act

There is an implied warranty that There is an implied warranty that goods aregoods are

• of merchantable qualityof merchantable quality

• reasonably fit for the purpose reasonably fit for the purpose (ingestion and digestion)(ingestion and digestion)


1111

Good Samaritan Legislation In the past, unused food was In the past, unused food was

often thrown out to avoid risk of often thrown out to avoid risk of liability.liability.

Not-for-profits and persons Not-for-profits and persons donating food may now be donating food may now be protected by legislation.protected by legislation.


1212

Ingredients of Food

Menus and advertisingMenus and advertising

• Although regarded as marketing Although regarded as marketing devices, menus must nevertheless devices, menus must nevertheless be truthful. For example:be truthful. For example:

• Canadian Maple SyrupCanadian Maple Syrup must be of must be of Canadian origin.Canadian origin.

• Canada Grade A BeefCanada Grade A Beef must be of must be of Canadian, not American origin.Canadian, not American origin.


1313

Ingredients of Food 2 It is false advertising and a breach It is false advertising and a breach

of duty of care to serve food not of duty of care to serve food not meeting religious dietary meeting religious dietary requirements if the menu claims requirements if the menu claims otherwise.otherwise.

A general disclaimer on the menu A general disclaimer on the menu protects against a charge of false protects against a charge of false advertising when substitutions are advertising when substitutions are necessary.necessary.


1414

Objects in Food

The foreign or natural test – if the The foreign or natural test – if the item is natural to the type of food item is natural to the type of food being served, there is no breach of being served, there is no breach of warranty of merchantable quality.warranty of merchantable quality.

The reasonable expectations test – The reasonable expectations test – the presence of a reasonably the presence of a reasonably unanticipated object in food unanticipated object in food constitutes a breach of warranty.constitutes a breach of warranty.


1515

Food Poisoning

Food poisoning may arise fromFood poisoning may arise from

• contaminated raw materialcontaminated raw material

• cross contaminationcross contamination

• improper thawing, cooling, or heat improper thawing, cooling, or heat retentionretention

• inadequate reheating or cookinginadequate reheating or cooking


1616

Food Poisoning 2

Food poisoning may also arise Food poisoning may also arise fromfrom

• delay between preparation and delay between preparation and ingestioningestion

• an unsanitary kitchenan unsanitary kitchen

• unsanitary equipmentunsanitary equipment

• infected persons handling foodinfected persons handling food


1717

Food Poisoning 3

Standards are specified by the Standards are specified by the Canadian Food Inspection Agency Canadian Food Inspection Agency and the Uniform Regulations and and the Uniform Regulations and Code of Practice for Food Retail Code of Practice for Food Retail and Food Services Sector.and Food Services Sector.

There is also liability for breaches There is also liability for breaches of the Food and Drugs Act.of the Food and Drugs Act.


1818

Smoking

The accommodation and food The accommodation and food services industries must know and services industries must know and enforce the restrictions on smoking enforce the restrictions on smoking in public areas.in public areas.

Staff may resort to occupational Staff may resort to occupational health and safety legislation when health and safety legislation when employers do not comply with anti employers do not comply with anti smoking laws.smoking laws.


1919

Smoking 2 The superior knowledge ascribed The superior knowledge ascribed

to hospitality industry operators to hospitality industry operators may impose on them a duty to may impose on them a duty to prevent hazardous air quality prevent hazardous air quality conditions beyond that required conditions beyond that required of other citizens.of other citizens.


2020

Best Practice

As was the case with As was the case with accommodation sector operators, accommodation sector operators, the best practice for food sector the best practice for food sector operators is to exceed rather than operators is to exceed rather than meet the minimum statutory meet the minimum statutory requirements for their industry.requirements for their industry.

chapter 6 the restaurant sector: food. copyright © 2007 by nelson, a division of thomson canada...

Documents