Chapter 6 - Canadian Hospitality Law, Liabilities and Risk, Third

Transcript Chapter 6 - Canadian Hospitality Law, Liabilities and Risk, Third

Chapter 6 The Restaurant Sector: Food

Summary of Objectives

 To examine the legislative and common law issues particular to the food service industry  To explore the legal issues associated with advertising in the restaurant sector  To identify causes of food poisoning and the standard operating procedures that reduce the risk of it

Food Standards

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

 There are two implied conditions of food offered for sale: • It will be of merchantable quality • It will be fit for human consumption Copyright © 2007 by Nelson, a division of Thomson Canada Limited

Food Standards

 A breach of the implied terms occurs if food contains • foreign objects • poisons • diseases

Food Standards

 The doctrine of res ipsa loquitur applies if a plaintiff becomes ill or is injured as a result of eating or drinking at a restaurant.

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

Food Standards

 The duty of care required in kitchens also focuses on avoiding unreasonable risks associated with • kitchen implements • pieces of equipment • ingredients that are flammable or that can scald Copyright © 2007 by Nelson, a division of Thomson Canada Limited

Standard of Liability

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

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

Standard of Liability

 A person who purchases a restaurant meal and becomes ill can sue directly in contract.

 A person who becomes ill but did not pay for the meal can sue using the tort law bypass, the

neighbour principle

The Food and Drugs Act

 Applies to food, drugs and cosmetics  Controls labelling and advertising of these products  Sanctions for breaches include fines and prison terms.

Sale of Goods Act

Good Samaritan Legislation

 In the past, unused food was often thrown out to avoid risk of liability.

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

Ingredients of Food

 Menus and advertising • Although regarded as marketing devices, menus must nevertheless be truthful. For example: • • Canadian Maple Syrup Canadian origin.

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

Ingredients of Food

 It is false advertising and a breach of duty of care to serve food not meeting religious dietary requirements if the menu claims otherwise.

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

Objects in Food

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

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

Food Poisoning

 Food poisoning may arise from • contaminated raw material • cross contamination • improper thawing, cooling, or heat retention • inadequate reheating or cooking Copyright © 2007 by Nelson, a division of Thomson Canada Limited

Food Poisoning

 Food poisoning may also arise from • delay between preparation and ingestion • an unsanitary kitchen • unsanitary equipment • infected persons handling food Copyright © 2007 by Nelson, a division of Thomson Canada Limited

Food Poisoning

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

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

Smoking

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

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

Smoking

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

Best Practice

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

Chapter 6 - Canadian Hospitality Law, Liabilities and Risk, Third

Transcript Chapter 6 - Canadian Hospitality Law, Liabilities and Risk, Third

Chapter 6 The Restaurant Sector: Food

Summary of Objectives

Food Standards

Food Standards

Food Standards

Food Standards

Standard of Liability

Standard of Liability

neighbour principle

The Food and Drugs Act

Sale of Goods Act

Good Samaritan Legislation

Ingredients of Food

Ingredients of Food

Objects in Food

Food Poisoning

Food Poisoning

Food Poisoning

Smoking

Smoking

Best Practice

Directory