Driving best-practice procurement in Wales

2Legislative Frameworks in the Public Sector

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Due Diligence

What is Due Diligence?

Public sector organisations have a responsibility to carry out due diligence which requires that they have taken reasonable steps to inspect physically the supplier’s operation and food samples to check compliance with their requirements for health and safety systems (and HACCP systems), food quality and nutritional content, and consistency.

Due diligence is the only defence in law, whereby a person could be acquitted of an offence if they can prove that they took 'all reasonable precautions and exercised all due diligence to avoid committing that offence.'

Some organisations carry out this function themselves, others sub-contract this to specialist service providers. Periodic reviews of existing suppliers are also required.

Due diligence will be looked at in more depth in this section.

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Public sector organisations supplying food have an obligation to complete effective due diligence to ensure the quality and compliance of their suppliers so that it minimises any safety risks to its recipients.

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