The legislation that applies to having a Market Stall is the same as if you were selling goods from a shop or online. That is, businesses must adhere to:
- The Consumer Rights Act 2015 (UK)
- Consumer Protection from Unfair Trading 2008 (UK) and/or
- Food Safety Guidelines, including Allergen Information.
Following the rules and ultimately the law will come as second nature to most. You buy goods yourself and expect complete transparency as to what you are being sold. You expect to know where to go if you have any problems and you will have a general idea of your rights. The same must be true for your customers. Although the legislation itself is in legal speak, it is not complicated and is easy to comply with. Here is a simple breakdown of areas to be aware of:
- Customers must know how to contact you if they have a problem with their purchase. Including some business identification in your sales is good practice as your customers will want to know where to buy from you again! A great way to build a loyal following through Social media too.
- Your pricing must be clear and unambiguous. Either individually marked or on a sign next to a group of items of the same price. Signage needs to be clearly identifiable and inclusive of VAT. If customers are not sure about your pricing from a distance, they may not approach your stall and you could lose potential business.
- Weighing scales need to be visible to the customer and your weighing equipment must be approved as fit for trade. Ensuring that customers can see why they are being charged a certain price builds confidence.
The Consumer Rights Act 2015 (UK) states that when you sell something it should be:
Of Satisfactory Quality
As described
Fit for Purpose (as made known to the buyer)
- If an item does not comply with the above statements, the item can be returned within 30 days and a refund can be claimed.
- After more than 30 days, the customer can require that the seller repairs or replaces the goods.
Consumer Protection from Unfair Trading 2008 states:
- You can’t mislead or mislead by omission.
- It is an offence to say ‘No Refunds’ – signs like this would have customers avoiding your stall like the plague!
- No inaccurate Claims About a Product – So, hallmarking must be accurate and you must be able to explain those hallmarks. Selling counterfeit goods is not allowed and there are heavy penalties for doing so.
Further information on Consumer Rights Act: https://www.legislation.gov.uk/ukpga/2015/15/contents/enacted
Food Safety
Selling and preparing food on a market stall – an overview
To start with you will need to register your business with your local environmental health service for advice. This is a free service. All you are doing is registering the premises that you will be working from. A food safety officer will visit your premises at a time pre-arranged with you.
If you are running a low-risk business, like jams, cakes and sweets, most businesses can operate safely from home.
When you make high-risk foods and pre-packaged meals there are certain regulations that you must follow and serious penalties if you don’t. High-risk foods are classified as those that don’t need extra cooking before eating where bacteria can easily multiply on. These would be hams, pates, pies, meat and fish dishes, cheese, ice cream and yoghurts.
Food safety laws dictate how and where you prepare foods and must meet certain conditions. Your home or premises may not meet those conditions and you may need to find a different, more appropriate venue.
How you transport high-risk foods is something to consider, whether you need a refrigerated vehicle or just large insulated containers with ice packs, depending on distances travelled etc.
Handwashing facilities on a stall need to be considered particularly when dealing with unwrapped food items. For some, a flask with hot water, a bowl and anti-bacterial soap with disposable towels will suffice but regulations differ from area to area, so it is worth discussing local requirements with the market operator.
If you are selling anything, but particularly food, you must be clean and wear clean clothes.
If you sell food and have had any symptoms of food poisoning, do not prepare or serve food until at least 48 hours after the symptoms have stopped.
If you wear an apron or gloves, remember that they are protecting the food from you, not protecting you from the food. So if leaving your stall, you must remove these.
Your stall surfaces need to be smooth, washable and corrosion-resistant. A wipe-clean oilcloth tablecloth is favoured by most food sellers, or you could use a single-use paper covering.
Food sellers are legally required to inform customers of any allergens present in their products. There are a number of ways that you can inform your customers of these. You need to choose the method which is best for your business as different allergen labelling applies depending on how you provide your food.
Having a displayed list of allergens is one option, or if you have too many products, a file available to show customers would also work. If food is individually labelled, allergens must be labelled in bold.
“From 1 October 2021, the requirements for prepacked for direct sale (PPDS) food labelling will change in Wales, England, and Northern Ireland. The new labelling will help protect your consumers by providing potentially life-saving allergen information on the packaging.”
https://www.food.gov.uk/business-guidance/introduction-to-allergen-labelling-changes-ppds
Packaged food with more than two ingredients need to be labelled with:
- Name of the food
- Quantity information
- Ingredients – including allergens in bold
- Best before or use by date
- Seller contact information
Food Hygiene Training – anyone operating a food stall needs to have adequate training to do so safely. If you are running a stall on a regular basis, then attending a course (also available online) that meets the Chartered Institute of Environmental Health Level 2 is a good idea.
Further information is available from the Food Standards Agency:
https://www.food.gov.uk/business-guidance/safer-food-better-business-sfbb
Government Advice for Food Businesses and Coronavirus is here: