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Food Hygiene Regulations

gavel and booksIn the UK, food hygiene requirements are based upon European Union legislation, which set out very specific safety, labelling and hygiene rules for food businesses. 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 control of 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 set the principles of 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 food law. In particular, the reference to European legislation can be confusing for a lawyer who does not regularly deal with food law issues.

In summary the Regulations contain the following provisions :

PART 1
1.Title, commencement and application.
2.Interpretation.
3.Presumptions that food is intended for human consumption.
4.Competent authority.
5.Enforcement

PART 2
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
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
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 food solicitors, who will be pleased to assist.

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