LEGAL STUFF

PLEASE BE AWARE THIS SECTION IS JUST FOR GUIDANCE AND ADVICE - YOU NEED TO BE FULLY AWARE OF YOUR OWN RESPONSIBILITIES WHEN SELLING AND TRADING.

You have a legal responsibility to make sure that your goods are of merchantable quality and are fit for purpose. You must comply with all trading and business regulations. You must be able to give receipts and your address and contact details. You should be aware of and stick to specific regulations that may have an effect upon your business e.g. The VCRA and regulations on the sale of knives and blades, licensing laws and food hygiene and trading laws.

Reading through what the EU legislation actually says and basically you must make sure your toy won't go up in flames quickly and bits like eyes can't be pulled out by a child.

The EU has laws covering the materials, stuffing, paints being sold in the EU...so as long as you buy your materials in the UK  you don't have to worry about lead in paint or all the other banned things - there's a weird blue fabric dye that's banned -

If you go to www.businesslink.gov.uk you will be able to find all the information you need. If you are already making stuff and selling it (either as a business or as a hobby) then you should have researched this already and have it covered.

Read this to make sure you are up to date in case our sources of internet information are a bit out of date as all this is just a guideline for all newcomers to the hand made scene…

http://ec.europa.eu/enterprise/sectors/toys/documents/directives/

https://www.gov.uk/run-business-from-home

A lot of very useful information for jewellery makers is on this person's Page: http://www.ejrbeads.co.uk/sellingjewellery.htm


More useful info here: 

http://oddsandsoxlets.co.uk/handmade-toys-ce-marking/


The British Toymakers Guild

http://www.toymakersguild.co.uk/



ADVICE FOR MAKING ANYTHING EDIBLE (OR DRINKABLE!)


Food providers must comply with The Food Hygiene (England) Regulations 2013 & Regulation (EC) 852/2004 on the Hygiene of Foodstuffs . The Chartered Institute of Environmental Health's National Guidance for Outdoor and Mobile Catering will help event organisers achieve compliance with the regulations. If you are preparing/and or cooking food then you will need to contact the Food Safety Team for further help and guidance. For further guidance contact the Food Safety Team at the relevant council.

These links here may be of help:

 https://www.food.gov.uk/business-industry/startingup

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/39255/12-829-home-business-guide.pdf

https://www.food.gov.uk/sites/default/files/sfbb-caterers-pack.pdf

https://www.gov.uk/food-business-registration

http://food-safety.org.uk/food-hygiene-course-online


So in summary, you will need to:

• Do an online food hygiene certificate. 

The course you need is Level 2 Food Safety in Catering (this is what was formerly Basic Food Hygiene) and you can find local trainers by going to the Chartered Institute of Environmental Health website and going to 'Coursefinder' and entering your postcode. If your local council offers this training they will appear on the search. Shop around as prices differ. There are various online courses but these are not always of the best quality so are best avoided it you can. 

• Register with the council's environmental health dept. If the food you produce is so low risk, you may well not have any inspection for years at a time.

Give your council environmental health dept a ring and ask for some advice on starting up a food business. An officer will usually arrange to visit, have a look at your kitchen and explain what you need to do. HOWEVER, this does depend where you live - some London councils don't give this advice any more due to staff shortage/cuts etc. If that's the case they will just advise you to register and then they will inspect you.

A separate fridge is advised if possible, if not then be aware of cross contamination from your own food. You don't have to label your own food, however you do need to make it clear which items are for the business and which are your personal items. 

Pets need to be kept out of the kitchen (especially cats who may go on kitchen surfaces), and no laundry should be either done or stored in the kitchen when you are baking. Also suggested that any young children are also kept out of the kitchen while you are baking.

All surfaces in the kitchen should be easily cleanable (no unsealed wood) and you will need a means of disinfecting surfaces e.g. kitchen antibacterial spray.

They will also ask what sort of quantity of cakes you are planning and who you will supply them to. 

You will need a basic written management system - look at the Food Standards Agency website for 'Safer Food Better Business' which means you need to check the temperature of your fridge so a fridge thermometer will be necessary.


• Notify your home insurance - if you don't have clients coming to the home and still baking with a domestic oven, there may be no change to your insurance with them.

• Buy Public Liability Insurance.

• Register with the Inland Revenue as a sole trader.
 

Note: if you get PLI and none of the others, if someone falls ill as a result of your cooking and you make a claim on the PLI, the lack of everything else may render the PLI invalid.


Food traders (both indoor and outdoor) MUST supply in addition to the checklist their contact address, trading address, food hygiene rating and local authority with whom they are registered. Proof of relevant documents/certificates must be supplied.

All food stalls should be registered with their local authority and have a food hygiene rating of 3 or above. They also need to comply with the national outdoor catering guide. This link here takes you to the outdoor catering checklist based on this national guidance and must be filled in by every food trader and indoor traders doing anything edible. We do not require the completed documentation to be sent to us nor to the council but this form will be used when inspecting the stalls, should Environmental Health Officers decide to attend the event.

ALCOHOLIC SALES

If you sell alcohol, most of our venues don't have a licence for this. In addition to your own personal licence, you will need to contact the relevant council where the event is held as you will need to sort out some sort of temporary licence to sell there. Please factor the cost of this and time it takes to sort out before you consider applying to trade.


SOAP & TOILETRIES

What are the rules about testing and labelling?

All cosmetic products supplied in the UK, whether for consumer or professional use, must comply with the Cosmetic Product (Safety) Regulations 2008.

Download this guide to the regulations for a full explanation of them.

You should also consider the food imitation regulations, which outline the requirements all companies must meet when placing non-food items that look like food onto the European market.

Other advice can be found here, here, here and here.


PORTABLE APPLIANCE TESTING


All electrical items must be PAT tested if they are more than two years old. Please ensure you have all paperwork with you on the day and all electrical items showing an up to date sticker.

If your item is this new, please have your receipt of purchase with you to prove this.

It would seem brand new items up to 2 years old may not need PAT testing. Advice and guidance can be found on the following links as it seems to be a grey area:

http://www.hse.gov.uk/electricity/faq-portable-appliance-testing.htm

http://www.pat-testing.co.uk/

https://www.tester.co.uk/blog/pat-testers/do-you-need-to-pat-test-new-equipment

http://www.pat.org.uk/pat-testing-frequency/

http://www.intersafe.co.uk/news/do-you-have-to-pat-test-newly-purchased-items/

http://www.pat-testing-course.com/blog/faqs/do-you-have-to-pat-test-new-appliances/


ALL TRADERS MUST HAVE PUBLIC LIABILITY INSURANCE.


Here is a list of companies used by our traders but just search online as there are many others.


http://www.gmisl.co.uk/site/products/craftinsure-starter/

GM Imber

 

http://www.cmtia.co.uk/

CTMIA. £48 a year for 5 million public liability. Under written by Zurich.

 

http://www.directlineforbusiness.co.uk/public-liability-insurance#

Direct line £53 a year and includes product liability to cover cakes

 

http://craftinsurance.co.uk/

Ian Wallace

 

http://www.nmtf.co.uk

NMTF it's world wide and covers Europe £102 for the year covers £5million public liability, Membership may not cover you if you're also doing demonstrations and you'll need a crafter specific one - always worth reading the policies (you'd be surprised how many folks don't - and assume the event insurance will cover them - most of the time it won't)

 

 http://graham-sykes.co.uk/stallholder-insurance/

Graham Sykes 01395 255 100

 

http://www.hencilla.co.uk/unions/a-n/air/ppl/

Air A-N  £37.00 per year. Covers exhibitions/markets etc. PLI is part of the membership which is basically £37 a year.

 

http://www.simplybusiness.co.uk/insurance/public-liability/

Simply Business 0333 014 6683

 

http://www.events-insurance.co.uk/pages/stallholders-insurance/

Events Insurance 01425 470360

 

http://www.tennysoninsurance.co.uk/

Tennyson Insurance 0845 619 2724

enquiries@tennysoninsurance.co.uk

 

At the end of the day, all traders MUST already have sorted out all paperwork required to trade prior to asking to have a pitch and making payment. 

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