Food Hygiene Regulations
In the UK, food hygiene requirements are based upon European Union legislation. The main legislation includes :
Regulation 852/2004 regarding the hygiene of foodstuffs
Regulation 853/2004 which sets out specific hygiene rules for food of animal origin
Regulation (EC) 854/2004 on the organisation of official controls on foods of animal origin
The Food Hygiene (England) Regulations 2006, which were amended in 2007, sets the statutory basis on which these European regulations have effect within the UK. The regulations also establish Hygiene improvement notices, Hygiene prohibition orders, Hygiene emergency prohibition notices and orders, Remedial action notices and detention notices.
Because it can be quite difficult to follow some of the legislation, we recommend that you engage a solicitor who has significant experience and ability in dealing with area of law. In particular, the reference to European legislation can be confusing for a lawyer who does not regularly practice in this legal topic.
In detail, the Regulations are laid out as follows :
PART 1 : PRELIMINARY
1.Title, commencement and application.
2.Interpretation.
3.Presumptions that food is intended for human consumption.
4.Competent authority.
5.Enforcement
PART 2 : MAIN PROVISIONS
6.Hygiene improvement notices.
7.Hygiene prohibition orders.
8.Hygiene emergency prohibition notices and orders.
9.Remedial action notices and detention notices.
10.Offences due to fault of another person.
11.Defence of due diligence. Collapse -
PART 3 : ADMINISTRATION AND ENFORCEMENT
12.Procurement of samples.
13.Analysis etc. of samples.
14.Powers of entry.
15.Obstruction etc. of officers.
16.Time limit for prosecutions.
17.Offences and penalties.
18.Offences by bodies corporate.
19.Offences by Scottish partnerships.
20.Right of appeal.
21.Appeals to Crown Court.
22.Appeals against hygiene improvement notices and remedial action notices.
23.Application of section 9 of the Food Safety Act 1990. Collapse -
PART 4 : MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
24.Power to issue codes of recommended practice.
25.Protection of officers acting in good faith.
26.Revocation and suspension of designations and appointments.
27.Food which has not been produced, processed or distributed in accordance with the Hygiene Regulations.
28.Service of documents.
29.Bulk transport in sea–going vessels of liquid oils or fats and the bulk transport by sea of raw sugar.
30.Temperature control requirements.
31.Direct supply by the producer of small quantities of meat from poultry or lagomorphs slaughtered on the farm.
32.Restrictions on the sale of raw milk intended for direct human consumption.
33.Consequential amendments.
34.Revocations.
SCHEDULE 1 : DEFINITIONS OF COMMUNITY LEGISLATION.
SCHEDULE 2 :SPECIFIED COMMUNITY PROVISIONS.
SCHEDULE 3 :BULK TRANSPORT IN SEA–GOING VESSELS OF LIQUID OILS OR FATS AND THE BULK TRANSPORT BY SEA OF RAW SUGAR.
SCHEDULE 4 :TEMPERATURE CONTROL REQUIREMENTS.
SCHEDULE 5 :DIRECT SUPPLY BY THE PRODUCER OF SMALL QUANTITIES OF MEAT FROM POULTRY OR LAGOMORPHS SLAUGHTERED ON THE FARM.
SCHEDULE 6 :RESTRICTIONS ON THE SALE OF RAW MILK INTENDED FOR DIRECT HUMAN CONSUMPTION.
SCHEDULE 7 :CONSEQUENTIAL AMENDMENTS.
If you require more advice on any of the regulations please contact one of our solicitors, who will be pleased to assist.
