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Advice on procuring catering services

This advice has been prepared as a guide for client organisations in understanding their legal responsibilities and provide support in undertaking due diligence checks when procuring the service of a catering contractor over a protracted period. This guidance aims to help client organisations such as schools, charities and non-food businesses to avoid inadvertently becoming food business operators and ensure food safety compliance.

Definitions:

  • ‘Client organisations’ refer to entities such as schools, charities, or other businesses that procure the services of a food business operator for the provision of food.
  • ‘Catering contractor’ refers to food businesses such as meal delivery services, restaurants and cafés, caterers, and corporate cafeterias that supply food to other organisations. 
  • ‘Preparation’ refers to any process involved in making food ready for consumption. This includes a variety of activities such as cooking, mixing, processing, reheating/regeneration, handling (e.g. slicing, portioning), and packing.
  •  ‘Food room’ refers to all rooms where food is stored, handled, treated, or processed, except dining areas, including those in client organisations premises e.g. in schools this would typically be a designated kitchen area used solely for this purpose.
  • ‘Food business operator’  refers to any entity that carries out any stage of production, processing, and distribution of food. 

More information

Learn more about procuring catering services for schools, charities or other businesses.

  • Understanding legal responsibilities

    Where a client organisation engages a catering contractor to serve food on their premises, for example to guests, staff, visitors, or students, the responsibility for food safety must be agreed between the client organisation and the catering contractor, and clearly outlined in the contractual agreement. It is important for client organisations to understand that they may inadvertently take on the responsibilities of a food business operator under relevant food hygiene legislation by engaging in food handling activities such as preparation, storage, distribution, cleaning, etc. A food business operator has legal obligations to ensure the safety and suitability of the food supplied, as well as compliance with food safety law.

    The following table includes examples of various catering models. For each model, the table outlines the client organisation’s and catering contractor’s legal responsibilities and whether the client organisation premises requires notification to the National Environmental Health Service (NEHS) of the Health Service Executive as a food business.

    Table 1: Catering models

    Model Model description Notification as a food business required at client organisation premises? Responsibility

    1. Food is prepared on the client organisation’s premises by the catering contractor

    The client organisation provides a suitable, designated food preparation area/kitchen within their premises for exclusive use by the catering contractor where the storage and preparation of food takes place. The client organisation does not assume responsibility for the provision/maintenance of equipment or any food preparation activities.

    Yes

    The catering contractor has responsibility for notifying the food premises at the client organisation site to the appropriate competent authority e.g. NEHS

    2. Ready-to-eat food delivered hot or cold by the catering contractor and served without further intervention

    Food is delivered hot or cold by the catering contractor in a form ready for immediate consumption without the need for storage, reheating, or any further intervention by the client organisation, except for the distribution of the food to the consumer by a staff member/volunteer.[1]

    No

    The catering contractor is required to be registered or approved at their manufacturing site by the relevant competent authority.

    3. Ready-to-eat food delivered, stored and reheated on-site by client organisation staff

    Food is delivered to the client organisation, stored under temperature control and then reheated prior to serving. If any of those activities are conducted by members of staff/volunteers of the client organisation, then they are involved in the preparation of food, which will result in the client organisation becoming a food business operator.

    Yes

    The client organisation becomes a food business operator and must notify the relevant competent authority e.g. NEHS as a food business operator

    4. Food delivered and reheated on-site by representatives of the client organisation who are employed by the catering contractor

    Food is delivered to the client organisation, stored under temperature control and then reheated prior to serving.

    If those activities are conducted by members of the client organisation employed by the catering contractor, they then act as catering contractor staff while handling food.

    Yes

    The catering contractor has responsibility for notifying the food premises at the client organisation site to the appropriate competent authority e.g. NEHS.

    [1] In the case of food for consumption by children which is delivered ready-to-eat and served without further intervention, this is generally carried out on the basis of another person such as a volunteer(s) or teacher(s) distributing the food on a voluntary basis to the students effectively acting in “loco parentis” and therefore, the application of Regulation (EC) No 852/2004 is not appropriate.

    To prevent client organisations from inadvertently becoming a food business operator and needing to notify the appropriate competent authority, client organisations must ensure that the contractual agreement with the catering contractor clearly states that the catering contractor is responsible for all food safety and hygiene practices. 

    Client organisations can inadvertently become a food business operator by performing food preparation activities. To ensure that the catering contractor is solely responsible for compliance with food law, food handling activities such as those listed below should exclusively be undertaken by the catering contractor:

    • Food preparation activities including cutting, cooking, reheating, or assembling meals.
    • Carrying out temperature checks such as monitoring fridge temperatures, checking and recording, cooking/reheating temperatures. This shall be the responsibility of staff employed by the catering contractor.
    • Storing and handling food on behalf of the catering contractor and being involved in the transportation of food items once received from the catering contractor.
    • Provision and maintenance of equipment used for food preparation.
    • Undertaking cleaning tasks of food-contact surfaces, equipment, and the food preparation area/kitchen.

  • Due diligence checks

    When assessing the suitability of catering contractors or comparing their tender proposals, client organisations are advised to carry out the following due diligence checks to ensure that contractors being assessed are compliant with food safety and hygiene requirements as per current European and national food safety legislation:

    Compliance with legal requirements:

    • Ensure the contractor is registered or approved with the relevant competent authorities for food (e.g. NEHS, local authority, Department of Agriculture, Food and the Marine). To confirm this, client organisations can request a copy of the catering contractor’s acknowledgement of notification letter or copy of approval certificate from their competent authority. 
    • Consider visiting potential supplier production facilities.
    • Ensure that a requirement of the tender specifies that the successful tenderer will develop a food safety management system specifically for the client organisation’s premises.

    Food safety management and contractual agreement:

    • The contractual agreement with the successful tenderer should specify that the catering contractor will develop and implement a food safety management system for the client organisation premises, where required (as outlined in Catering Models 1, 3 and 4 in Table 1).
    • It is advisable for client organisations to request confirmation that the catering contactor has established effective procedures for traceability, product recalls, customer complaints, supplier approval, cleaning and disinfection, temperature control, and waste disposal.

    Food allergen control:

    • Verify that the catering contractor has a food allergen management system in place to prevent cross-contamination, and ensure that;
      • The caterer declares any of the 14 EU-priority food allergens contained in products supplied, in compliance with current European (Regulation (EU) No 1169/2011 on the provision of Food Information to Consumers (FIC)), and national legislation (S.I. No 556 of 2014 and 489 of 2014).
      • Priority food allergen information is made available in writing so that it is legible and accessible to consumers without the need for assistance before the food is ordered and at the point of delivery. 

    Food handler training:

    • It is the responsibility of the catering contractor to provide adequate food safety and food allergen training to its employees. Client organisations should request evidence of the caterer’s employee training arrangements to accompany the tender proposal. 

    Inspection and audit history:

    References and reputation:

    • Seek references from other organisations that have contracted the catering service contractor.
    • Consider the contractor’s experience and reputation within the industry.

    Pest control:

    • When a designated food room is located at the client organisation premises for catering activities, it is important for the client organisation to review its pest control measures to ensure that it is aligned with the new food service setup.

    Waste:

    • Excess food that has been kept at room temperature for an extended period (90 minutes or more) poses significant health risks due to the potential growth of harmful bacteria. To prevent foodborne illnesses, it is advisable that excess food is disposed of promptly and that no excess food is taken away from the client organisation’s premises.

  • Food rooms - design and structure

    As part of the tendering process, it is highly advisable that potential catering contractors carry out a site visit to evaluate the facilities available at the client organisation premises prior to submission of the tender proposal. This will allow the catering contractor to produce a tender proposal that can be delivered in compliance with food safety and hygiene requirements, as per current food safety legislation.

    When planning for a new kitchen or refurbishing existing premises for use as a food preparation room, and following a site visit; it is highly advisable for the catering contractor to:

    Consult the local environmental health office: 

    • Contact the local environmental health office of the NEHS for guidance and prepare detailed plans of the premises.
    • Ensure the premises design can accommodate the intended volume and range of food to be produced, to ensure safe practices in delivery, storage, handling, preparation, cooking, reheating and service.

    Food rooms design and structure (kitchen):

    • The designated food room should not be used for any other purpose.
    • Ensure compliance with requirements laid down in Annex II of the Regulation (EC) No 852/2004 on the hygiene of foodstuffs. This includes ensuring that the layout, design, construction, and size of food premises allow for good hygiene practices, protect from the risk of contamination, and provide suitable equipment for the storage, handling, preparation, cooking/ reheating, and service of food.
    • Ensure an adequate supply of potable water is available.
    • Ensure suitable hand washing facilities are provided.
    • Use durable, easy-to-clean materials for walls and floors and ensure ceilings and overhead structures are free from condensation and holes.
    • Ensure the provision of an adequate level of lighting and ventilation where required. 
    • If the catering contractor determines that the facility is not suitable for the safe preparation of food, an alternative model such as preparing food off-site and delivering it ready-to-eat should be proposed (as outlined in the tab above Understanding legal responsibilities - see Catering Model 2 in Table 1).

    Staff facilities:

    • Ensure dedicated sanitary accommodations are available for food handlers with hot and cold water supplied, non-perfumed soap, and suitable hand drying facilities provided at the wash hand basin.
    • Provide adequate changing facilities for personnel where food preparation is taking place.

    Fire safety consideration:

    • As per Section 6 of the Code of Practice for the Management of Fire Safety in Places of Assembly and to facilitate safe and swift evacuation in the case of an emergency, both the catering contractor and the client organisation must ensure that ovens and other equipment are not installed where they could obstruct or block a fire escape route, e.g. a hallway or corridor. 
    • The Management of Fire Safety in Places of Assembly is under the remit of the Department of Housing Local Government and Heritage. If a potential fire safety risk is identified by an Environmental Health Officer (EHO) during an inspection regarding the above obligations, and no actions are taken by the person in charge of the premises, the NEHS may escalate the matter to the County Fire Officer.

  • Contractual agreement

    Once the suitability of catering contractors has been assessed and due diligence checks carried out in relation to food safety and food law compliance, the client organisation may draft a contractual agreement. In doing so, it is advisable that the client organisation seeks legal or other professional advice. The contractual agreement should consider certain catering contractor responsibilities. At a minimum, the contractual agreement should include that the catering contractor is required to:

    • maintain compliance with food law and food safety arrangements
    • supply safe food to the client organisation and its customers
    • maintain, update and complete records in a timely manner, including traceability information essential for incident management and response
    • notify the food premises to the NEHS(*)
    • have effective pest control measures in place
    • implement effective food allergen management system and comply with food allergen labelling requirements
    • maintain temperature control at all stages
    • provide adequate level of staffing and training(*)
    • provision of equipment and maintenance including calibration(*)
    • keep food room to a high standard of cleanliness(*)
    • adhere to food room cleaning and disinfection programme(*)
    • have an adequate waste management system
    • answer customer queries
    • record, investigate and retain record of customer complaints.

    (*) Those tasks will not apply to client organisations where food is delivered ready-to-eat (e.g. Catering Model 2 in Table 1).

    It would be advisable for the client organisation to include a break clause in the contractual agreement to allow the client organisation to terminate the contract early without significant penalties if the contractor fails to meet the agreed-upon food safety standards (e.g. failure to meet food safety requirements, appropriate quality/nutrition standards, breach of contract term, poor performance, etc). Additionally, client organisations should review catering contractor’s performance on a regular basis e.g. quality of food, cleanliness, customer satisfaction and consider taking appropriate measures in accordance with contract clauses where catering contractor’s performance falls short of the agreed standards.

  • Relevant legislation and Irish standard

    The main legislation applicable to catering contractors includes:

    The main Irish standard applicable to catering contractors is:  

    • Irish Standard I.S. 340:2007&A1:2015 Hygiene in the catering sector.

  • Further information

    For further information, both the catering contractor and the client organisation can refer to the FSAI Safe Catering Pack. This comprehensive resource provides detailed guidelines and best practices to ensure food safety and hygiene standards are met in catering operations.