Draft Food (Jersey) Regulations 202- (P.113/2025) – Children’s Rights Impact Assessment
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STATES OF JERSEY
DRAFT FOOD (JERSEY) REGULATIONS 202- (P.113/2025) – CHILDREN'S RIGHTS IMPACT ASSESSMENT
Presented to the States on 10th December 2025 by the Minister for the Environment
STATES GREFFE
2025 P.113 Add.
CHILDREN'S RIGHTS IMPACT ASSESSMENT (CRIA)
PART 1: SCREENING
Name and title of Duty Bearer: Deputy Steve Luce
Type of Duty Bearer:
(Minister, Elected Member or States Minister for the Environment Assembly Body)
Assessment completed by (if not
Regulatory Improvement Officer completed by duty bearer):
Date: 29 October 2025
1) Name and brief description of the proposed decision Decision' means: • an Assembly proposition • an amendment (or further amendment) to a proposition • for Ministerial duty-bearers, policy under development |
Name Food (Jersey) Law 2023 (jerseylaw.je) Proposed decision: Implementation of the Food (Jersey) Law 2023 to replace the outdated Food Safety (Jersey) Law 1966. Description: The Food (Jersey) Law 2023 was adopted by the States in December 2022 and is currently awaiting an Appointed Day Act before coming into force. This modernised legislation replaces the nearly 60-year-old Food Safety (Jersey) Law 1966. It introduces a comprehensive, up-to-date legal framework to ensure compliant food hygiene, safety, standards, and licensing within food businesses within Jersey. The law enables the drafting of secondary legislation, including a single set of Food Regulations covering four key areas: • Food Hygiene: Ensures hygienic food production practices, including: personal hygiene, temperature control, kitchen design, the structure and cleanliness of the premises, pest control, infectious disease control, etc. • Food Safety: Ensures that food businesses implement Food Safety Management Systems based on HACCP (Hazard Analysis Critical Control Point). To prevent / control hazards such as: Microbiological (e.g., bacteria, viruses and parasites), physical (e.g., metal, glass, etc) and chemical contamination. • Food Standards: Ensures that food businesses comply with product labelling requirements to inform consumers of vital information regarding the safety of the food. This includes such information as shelf life, allergens, ingredients and other consumer safety information. • Licensing and Registration: Requires all food businesses to register including those serving vulnerable groups such as children in schools, nurseries, hospitals, etc. The problem or issue the decision is trying to address The current Food Safety Law dating back to 1966 is outdated and no longer fit for |
purpose. It lacks alignment
with modern scientific understanding, international best practices and the legal frameworks of the UK and EU. This creates:
Current Issue | The new law seeks to: |
Confusion and inconsistency in enforcement | Create a consistent and enforceable regulatory framework |
Difficulty and confusion for food businesses to meet modern hygiene and safety expectations | Modernise Jersey's food law in line with the UK/EU standards. |
Risk to consumers due to inadequate legal protection | Improve consumer protection |
Inconsistent advice with no clear guidelines for food businesses | Establish a level playing field for all food businesses |
Do children experience this problem differently from adults?
Yes, Children experience this problem differently from adults as they are regarded as a vulnerable population and experience food safety risks differently due to their developing immune systems and lower body weights. This increases their susceptibility to foodborne illnesses and leads to a potential severe outcome.
In Jersey children receive food from a wide range of providers, such as schools, breakfast club, afterschool club, nurseries, childminders, playgroups, etc, where they are not under the immediate supervision of their parents or guardians. This increases their vulnerability, as they are reliant on others to ensure food is safe and suitable for them. The registration and regulation of all food premises under the new law will help protect these groups by ensuring that providers are known, inspected and held to consistent standards.
Microbial Hazards
Globally, foodborne diseases contribute to child mortality, particularly those under five. Diarrhoeal disease, often linked to unsafe food and water is a leading cause of death in young children. Notable cases include:
The Pennington report (UK) highlights that shiga toxin-producing E.coli 0157 outbreaks are particularly dangerous to children, often resulting in serious complications such as HUS (Haemolytic Uraemic Syndrome). Following an outbreak in South Wales 157 confirmed cases occurred most of the individuals hospitalized were school aged children. Tragically there was one child fatality £1
Secondary legislation will require: implementation of HACCP based Food Safety Management Systems, Temperature control, cross contamination prevention and
hygiene procedures, specific controls in premises serving vulnerable populations (e.g., school, nurseries) Physical Hazards Foreign bodies (e.g., glass, metal, plastic) pose a choking or injury risk of damage to skin, mouth, teeth, digestive tract to all consumers but especially to children. Secondary legislation will require: Hazard identification and control points for physical contaminants, safe equipment maintenance, cleaning and inspection procedures, staff training to reduce risks from packaging, utensils, and facility design. Food Standard Hazards, e.g., allergen risk |
Children may not understand or be able to communicate their allergies or understand complex food labels. Allergen exposure can result in life-threatening anaphylaxis. Natasha's Law was introduced in the UK following the tragic death of a 15 year old due to an undeclared allergen. Secondary legislation will require accurate and transparent food labelling, robust allergen management as part of the food safety plan, stringent allergen controls to avoid cross contamination, staff training in allergen awareness, communications and emergency action, etc. Chemical Hazards: Children are more vulnerable to harm from cleaning residues, pesticides and food additives due to their lower body mass and developing organs. Secondary legislation will require: proper separation of chemicals and food, safe sourcing of ingredients, training and controls for cleaning, disinfection and pest management, etc. |
2) Which groups of children and young people are likely to be affected? Groups of children could include early years, primary or secondary education; young adults; children with additional learning needs; disabled children; children living in poverty; children from particular ethnic backgrounds; migrants; refugees; care experienced children and LGBTQ+ children |
The proposed Food (Jersey) Law 2023 will affect all children and young people, both when eating outside the home (e.g. in schools, nurseries, care settings) and within the home, as the legislation applies to food sold in supermarkets, retailers, markets, takeaways, hospitals, and other supply chains. However, the law will have the greatest protective impact on vulnerable groups, including: • Young children (0-5 years): highly susceptible to foodborne illness and choking. • School-age children: frequently eat outside the home and may have allergies. • Children with disabilities or additional learning needs: may struggle to understand or communicate dietary needs. |
• Children in poverty: often rely on free or donated food from schools or charities, so need to be clear as to the provenance of this food. • Ethnic minority, migrant and refugee children: may have religious or cultural dietary needs, so need to be aware of the composition of the food. • Care-experienced children: depend on consistent standards across settings, so helpful to know via food labelling what is in the food they are eating. By improving hygiene, allergen labelling, and safety controls across the entire food chain, from farm to for, the law helps protect all children, regardless of where they consume their food. |
3) What is the likely impact of the proposed decision on children and on their rights? Impacts may be positive or negative, direct or indirect Include whether different groups of children will be affected differently by the decision |
The Food (Jersey) Law 2023 will have indirect but significant positive impacts on children's rights under the UNCRC, particularly Articles 6 (Health and Development), 24 (Health), 27 (Standard of Living), 14 (Freedom of Religion) and 30 (Cultural Identity). By improving food hygiene, safety, allergen control and labelling, the law helps protect children from foodborne illness, allergic reactions, and unsafe food practices, both in and outside the home. Vulnerable groups, such as young children, those with disabilities, food allergies, or from minority and low-income backgrounds, will benefit most. Although the law is not targeted at children, it strengthens safeguards across the food system, helping to uphold their right to health, safety, and dignity. |
4) Is a full Children's Rights Impact Assessment required? If you have identified impacts on children and their rights, a full CRIA should be completed. If no impacts are identified then a Full CRIA is not required, but please explain your rationale and how you reached this conclusion |
Yes, a full Child Rights impact assessment is required. Although the proposed legislation does not place any direct obligations on children, it has a clear indirect and positive impact on the rights of the child. The Food (Jersey) Law 2023 improves food safety, hygiene, allergen control, and labelling across all food businesses, which significantly benefits children, particularly those in vulnerable settings such as schools, nurseries, hospitals, and care environments. Children are more susceptible to foodborne illness and allergic reactions. The law therefore strengthens the Island's ability to uphold their rights under the UNCRC, including the right to health, an adequate standard of living, and protection from harm. These impacts justify completion of a full Child Rights Impact Assessment. |
If screening determines that a full CRIA is needed, complete Part 2
Part 2: FULL CHILDREN'S RIGHTS IMPACT ASSESSMENT
5) What will be the impacts (positive or negative) of the proposed decision on children's rights? For each of the UNCRC articles described below, click to identify any that may be relevant ☒ | |||
Category | UNCRC Article | Impact? YES NO | |
Guiding Principles | Non-discrimination (Art 2) | ☐ | ☐ |
Best interests of the Child (Art 3) to be a top priority | ☐ | ☐ | |
Right to Life survival and development (Art 6) | x | ☐ | |
Respect for the child's views (Art 12) | ☐ | ☐ | |
Civil Rights & Freedoms | Right to birth registration, name and nationality (Art 7) | ☐ | ☐ |
Right to an identity (Art 8) | ☐ | ☐ | |
Freedom of expression (Art 13) | ☐ | ☐ | |
Freedom of thought, conscience, and religion (Art 14) Every child has the right to think and believe what they choose | x | ☐ | |
Freedom of association (Art 15) Every child has the right to meet with other children and to join groups and organisations | ☐ | ☐ | |
Right to Privacy (Art 16) including family and home life | ☐ | ☐ | |
Access to information from the media (Art 17) Right to access reliable information from a variety of sources, in a format that children can understand | ☐ | ☐ | |
Protection against torture or other cruel, degrading or inhumane treatment or punishment (Art 37(a)) | ☐ | ☐ | |
Family Environment and Alternative Care | Respect for the responsibilities, rights and duties of parents (or where applicable, extended family or community) to guide their child as they grow up (Art 5) | ☐ | ☐ |
Responsibilities of both parents in the upbringing and development of their child (Art 18) | ☐ | ☐ | |
Children must not be separated from their parents against their will unless it is in their best interests (Art 9) | ☐ | ☐ | |
Family reunification (Art 10) | ☐ | ☐ | |
Abduction and non-return of children abroad (Art 11) | ☐ | ☐ | |
| Right to a standard of living that is good enough to meet the child's physical and social needs and support their development (Art 27) | x | ☐ |
Special protection for children unable to live with their family (Art 20) | ☐ | ☐ | |
Best interests of the child in the context of Adoption (Art 21) | ☐ | ☐ | |
Review of treatment whilst in care (Art 25) If a child has been placed away from home for the purpose of care or protection (for example, with a foster family or in hospital), they have the right to a regular review of their treatment, the way they are cared for and their wider circumstances. | ☐ | ☐ | |
Protection from violence, abuse or neglect (Art 19) | ☐ | ☐ | |
Recovery from trauma and reintegration (Art 39) Children who have experienced neglect, abuse, exploitation, torture or who are victims of war must receive special support to help them recover their health, dignity, self-respect and social life. | ☐ | ☐ | |
Basic Health and Welfare | Rights of disabled children (Art 23) | ☐ | ☐ |
Right to health and health services (Art 24) | x | ☐ | |
Right to social security (Art 26) | ☐ | ☐ | |
Right to adequate standard of living (Art 27) | x | ☐ | |
Education, Leisure and Cultural Activities | Right to education (Art 28) | ☐ | ☐ |
Goals of education (Art 29) Education must develop every child's personality, talents and abilities to the full | ☐ | ☐ | |
Leisure, play and culture (Art 31) Every child has the right to relax, play and take part in cultural and artistic activities | ☐ | ☐ | |
Special Protection Measures | Special protection for refugee children (Art 22) | ☐ | ☐ |
Children and armed conflict (Art 38 and Optional Protocol #1) Governments must do everything they can to protect and care for children affected by war and armed conflict. | ☐ | ☐ | |
Children and juvenile justice (Art 40) Right to be treated with dignity and respect, right to legal assistance and a fair trial that takes account of age. | ☐ | ☐ | |
Inhumane treatment and detention (Art 37 (b)-(d)) | ☐ | ☐ |
| Children should be arrested, detained or imprisoned only as a last resort and for the shortest time possible. |
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Recovery from trauma and reintegration (Art 39) Children who have experienced neglect, abuse, exploitation, torture or who are victims of war must receive special support to help them recover their health, dignity, self-respect and social life | ☐ | ☐ | |
Child labour and right to be protected from economic exploitation (Art 32) | ☐ | ☐ | |
Drug abuse (Art 33) | ☐ | ☐ | |
Sexual exploitation (Art 34) | ☐ | ☐ | |
Abduction, sale and trafficking of children (Art 35) | ☐ | ☐ | |
Protection from other forms of exploitation including for political activities, by the media or for medical research (Art 36) | ☐ | ☐ | |
Children belonging to a minority or an indigenous group (Art 30) | x | ☐ | |
Optional Protocol on the sale of children, child prostitution and child pornography | ☐ | ☐ | |
Optional protocol on the involvement of children in armed conflict | ☐ | ☐ |
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6) Information and research What evidence has been used to inform your assessment? | ||
Evidence collected (include links to relevant publications) | What did the evidence tell you? | What are the data gaps, if any? |
No new evidence was collected for the development of the proposed Law. Life on the Rock | Children's | The Report found that children are cognisant of wealth disparity in Jersey, and the cost of food, leisure, energy, and housing. It was remarked that: Some children have less food (and less nutritious food) than others in Jersey related to the high prices in the school canteens.' The redistribution of unsaleable fit to eat food via the third sector will enable better value offerings in school canteens and better | N/A |
Commissioner for Jersey | ||
(childcomjersey.org.je) | ||
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| packed lunch options for less well-off families. |
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No new evidence was collected in the development of the proposed Law. ID Children and Young | One of the key outcomes of the Children and Young People's Plan 2024- 2027 is that all children in Jersey should live healthy and happy lives. Big Picture Outcome: All children in Jersey enjoy a decent standard of living', this includes regular access to nutritious food. Improvements to food labelling resulting from the Law will enable consumers to make more healthy food choices. Redistribution of unsaleable but fit to eat food will enable less well-off families to access fresh and nutritious food. | N/A |
People Plan 2024 to 2027.pdf | ||
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Children and Young People | Improvements to food labelling resulting from the Law will enable consumers to make more healthy food choices. | N/A |
Survey 2024 |
7) Engagement with children What groups of children and young people (or those who speak on their behalf, such as social workers, teachers or youth workers) have been directly or indirectly involved in developing the decision? | ||
Groups consulted | How they were involved | What were the findings? |
Consultation was carried out with stakeholders from the food industry, the coeliac society and the third sector. | Formal consultation and conversation with food business operators | Overwhelming support for the draft Law |
| Meeting and conversation with third sector stakeholders including representatives from Oxfam, Red Cross, Salvation Army and Grace Trust | Support for the proposals on redistribution of foodstuffs |
Discussion with representatives from the Coeliac Society | Support for allergen proposals |
8) Assessing Impact on children's rights Based on the information collected and analysed above, what likely impact will the proposed decision have on the specific children's rights identified in question 5)? | ||
Relevant UNCRC Articles (rights) identified in Q5 | Describe the positive or negative impacts on these rights | Which group(s) of children are likely to be affected? |
14: Freedom of thought, conscience and religion 30: right to learn and use the language, customs and religion of their family, whether or not these are shared by the majority of the people in the country where they live | Improved labelling of food products, which may include lists of ingredients and methods of production, will support children and young people to choose or avoid certain foods according to their particular religion or beliefs. | All consumers of food in Jersey, of all ages |
6(1): States Parties recognize that every child has the inherent right to life. 6(2): States Parties shall ensure to the maximum extent possible the survival and development of the child. 24: Right to the highest attainable standard of health | Improved standards of food safety will contribute towards improved standards of health and aid the development of all children. Allergen labelling will help avoid the hospitalisation and possible death of children from a severe reaction to food they might otherwise have eaten. | All consumers of food in Jersey, of all ages |
27(1): Right to a standard of living adequate for the child's physical, mental, spiritual, moral, social development. 27(3): Right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing | Improvements to food labelling, including methods of production, may contribute to improved standards of health for children who have allergies, dietary needs, and particular religious or lifestyle beliefs. The ability to redistribute unsaleable but safe food may contribute towards improved health for children in less well-off households |
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9) Weighing positive and negative impacts • If a negative impact is identified for any area of rights or any group of children and young people, what options are there to modify the proposed decision to mitigate the impact? • Could any positive impacts be enhanced? | ||
Schools should continue their increased focus on encouraging healthy eating and allergen awareness – including for those who do not themselves suffer from food allergies – and of raising awareness of correct procedures around food hygiene and the preparation of food at home. | ||
10) Conclusions In summary, what are your key findings on the impact of the proposed decision on the rights of Jersey children? |
All consumers of food on the Island of any age will be better protected from food- related illness or adverse allergic reactions to known allergens. Increasing children's knowledge and awareness of how food should be prepared and what is in the food they are eating will allow them and their parents to make more informed and safer choices, helping to avoid allergic reactions, illness and, in the worst cases, possible hospitalisation. |