The Food Safety and Hygiene (England) Regulations 2013

Made: 22nd November 2013

Laid before Parliament: 3rd December 2013

Coming into force: 31st December 2013

The Secretary of State makes the following Regulations in exercise of the powers conferred on him by section 2(2) of and paragraph 1A of Schedule 2 to the European Communities Act 1972 .

The Secretary of State has been designated for the purposes of that section in relation to measures relating to food (including drink) including the primary production of food and measures in the veterinary and phytosanitary fields for the protection of public health .

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for any reference to an EU instrument defined in Schedule 1 to be construed in accordance with regulation 2(6) as a reference to that instrument as amended from time to time.

As required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety there has been open and transparent public consultation during the preparation of the following Regulations.

Title, application, commencement and extent

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• (1) These Regulations

• (a) may be cited as the Food Safety and Hygiene (England) Regulations 2013;

• (b) apply in relation to England only, and

• (c) come into force on 31st December 2013.

• (2) Any amendment or revocation made by these Regulations has the same extent as the provision amended or revoked (but applies in relation to England only).

Interpretation

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• (1) In these Regulations —

• “the Act” means the Food Safety Act 1990 ;

• “the Agency” means the Food Standards Agency;

• “authorised officer”, in relation to an enforcement authority, means any person (whether or not an officer of the authority) who is authorised by them in writing, either generally or specially, to act in matters arising under the Hygiene Regulations and Regulation 178/2002;

• ”the EU Hygiene Regulations” mean Regulation 852/2004, Regulation 853/2004, Regulation 2073/2005, Regulation 2015/1375, Regulation 2017/185 and Regulation 2017/625 and the Regulation 2017/625 package insofar as it and they apply to food;

• ...

• “enforcement authority” means the authority which, by virtue of regulation 5, is responsible for executing and enforcing the Hygiene Regulations and Regulation 178/2002;

• “food authority” has the meaning that it bears by virtue of section 5(1) of the Act except that it does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and Middle Temple);

• “the Hygiene Regulations” means these Regulations and the EU Hygiene Regulations;

• “premises” includes any establishment, any place, vehicle, stall or moveable structure and any ship or aircraft; and

• “the Regulation 2017/625 package” means Regulation 2017/625 and the other EU Regulations listed in Schedule 1 under the heading “The Regulation 2017/625 package”;

• “specified EU provision” means any provision of Regulation 178/2002 or the EU Hygiene Regulations that is specified in column 1 of Schedule 2 and whose subject-matter is described in column 2 of that Schedule.

• (1A) Any reference in these Regulations to Directives or Regulations referred to in Schedule 1 have the meanings respectively given to them in that Schedule.

• (2) Subject to paragraph (3), any expression other than one defined in paragraph (1) that is used both in these Regulations and in the Act has the meaning it bears in the Act.

• (3) Unless the context otherwise requires, any expression used both in these Regulations and in Regulation 178/2002 or the EU Hygiene Regulations has the meaning that it bears in Regulation 178/2002 or the EU Hygiene Regulations.

• (4) Where any functions under the Act are assigned —

• (a) by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984 , to a port health authority;

• (b) by an order under section 6 of the Public Health Act 1936 , to a joint board for a united district; or

• (c) by an order under paragraph 15(6) of Schedule 8 to the Local Government Act 1985 , to a single authority for a metropolitan county,

any reference in these Regulations to a food authority is to be construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.

• (5) Where, apart from this paragraph, any period of less than seven days which is specified in these Regulations would include any day which is —

• (a) a Saturday, a Sunday, Christmas Day or Good Friday; or

• (b) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 ,

that day is to be excluded from the period.

• (6) In these Regulations, any reference to an EU instrument defined in Schedule 1 is a reference to that instrument as ... amended from time to time.

Presumptions that food is intended for human consumption

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• (1) The following paragraphs apply for the purposes of these Regulations.

• (2) Any food commonly used for human consumption shall, if placed on the market or offered, exposed or kept for placing on the market, be presumed, until the contrary is proved, to have been placed on the market or, as the case may be, to have been or to be intended for placing on the market for human consumption.

• (3) The following, namely—

• (a) any food commonly used for human consumption which is found on premises used for the preparation, storage, or placing on the market of that food; and

• (b) any article or substance commonly used in the manufacture of food for human consumption which is found on premises used for the preparation, storage or placing on the market of that food,

shall be presumed, until the contrary is proved, to be intended for placing on the market, or for manufacturing food for placing on the market, for human consumption.

• (4) Any article or substance capable of being used in the composition or preparation of any food commonly used for human consumption which is found on premises on which that food is prepared shall, until the contrary is proved, be presumed to be intended for such use.

Competent authorities

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• (1) The competent authority for the purposes of the EU Hygiene Regulations is the Agency except where it has delegated competences as provided for in those Regulations.

• (2) The competent authorities for the purposes of the provisions of Regulation 178/2002 specified in paragraph (3) are the Agency and each food authority in its area or district.

• (3) The provisions of Regulation 178/2002 are —

• (a) Article 14(8) (power of competent authorities to take appropriate measures to impose restrictions on the placing of food on the market or to require its withdrawal from the market in certain circumstances);

• (b) Article 18(2) and (3) (competent authorities to which food business operators must make information available on demand as to the traceability of food); and

• (c) Article 19 (food business operators to inform and collaborate with competent authorities to avoid or reduce risks posed by a food).

Enforcement authorities

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• (1) In respect of any food business operator to whose operations Regulation 852/2004 applies but Regulation 853/2004 does not apply —

• (a) the Agency or the food authority in whose area the food business operator carries out the operations shall execute and enforce the Hygiene Regulations in so far as the operator concerned is carrying out primary production and those associated operations listed in paragraph 1 of Part AI of Annex I to Regulation 852/2004 other than the associated operations described in sub-paragraphs (a) and (c) of that paragraph to the extent that they concern wild game; and

• (b) the food authority in whose area the food business operator carries out the operations shall execute and enforce the Hygiene Regulations in so far as the operator concerned is carrying out operations which are not executed and enforced by the Agency or the food authority as provided for in sub-paragraph (a).

• (2) In respect of any food business operator to whose operations both Regulation 852/2004 and Regulation 853/2004 apply —

• (a) the Agency shall execute and enforce the Hygiene Regulations in so far as the operator concerned is carrying out operations in relation to —

• (i) a slaughterhouse,

• (ii) a game-handling establishment, or

• (iii) a cutting plant;

• (b) the Agency or the food authority in whose area the food business operator carries out the operations shall execute and enforce the Hygiene Regulations in so far as the operator concerned is carrying out operations in relation to any establishment that is not specified in sub-paragraph (a).

• (3) In respect of —

• (a) collection centres and tanneries supplying raw material for the production of gelatine intended for human consumption pursuant to paragraph 5 of Chapter I of Section XIV of Annex III to Regulation 853/2004; and

• (b) collection centres and tanneries supplying raw material for the production of collagen intended for human consumption pursuant to paragraph 5 of Chapter I of Section XV of Annex III to Regulation 853/2004,

the food authority in whose area the collection centre or tannery concerned is situated shall execute and enforce the Hygiene Regulations.

• (4) Each food authority shall execute and enforce these Regulations in its area in relation to the matters regulated by —

• (a) Schedules 3 to 5; and

• (b) Schedule 6 in so far as it applies in relation to raw milk intended for direct human consumption other than raw cows' milk.

• (5) The Agency shall execute and enforce these Regulations in relation to the matters regulated by Schedule 6 in so far as it applies in relation to raw cows' milk intended for direct human consumption.

• (6) Each food authority in its area or district shall execute and enforce the provisions of Regulation 178/2002 specified in Schedule 2 and these Regulations in so far as they relate to those provisions.

• (7) The Agency shall also execute and enforce Articles 14 and 19 of Regulation 178/2002 and these Regulations in so far as they relate to those Articles as regards relevant food.

• (8) In paragraph (7) “relevant food” means food in respect of which the Agency is specified in regulations made pursuant to section 6(4) of the Act or made under the European Communities Act 1972 as being the enforcement authority.

• (9) In this regulation —

• “cutting plant” means an establishment which is used for boning and/or cutting up fresh meat for placing on the market and which —is approved or conditionally approved under Article 148 of Regulation 2017/625; or(although lacking the approval or conditional approval that it requires under Article 4(3) of Regulation 853/2004) was, on 31st December 2005, operating as licensed cutting premises under the Fresh Meat (Hygiene and Inspection) Regulations 1995 or the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 ;

• “game-handling establishment” means any establishment in which game and game meat obtained after hunting are prepared for placing on the market and which —is approved or conditionally approved under Article 148 of Regulation 2017/625; or(although lacking the approval or conditional approval that it requires under Article 4(3) of Regulation 853/2004) was, on 31st December 2005, operating as a licensed wild game processing facility under the Wild Game Meat (Hygiene and Inspection) Regulations 1995 ;

• “slaughterhouse” means an establishment used for slaughtering and dressing animals, the meat of which is intended for human consumption and which —is approved or conditionally approved under Article 148 of Regulation 2017/625; or(although lacking the approval or conditional approval that it requires under Article 4(3) of Regulation 853/2004) was, on 31st December 2005, operating as a licensed slaughterhouse under the Fresh Meat (Hygiene and Inspection) Regulations 1995 or the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995.

Hygiene improvement notices

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• (1) If an authorised officer of an enforcement authority has reasonable grounds for believing that a food business operator is failing to comply with the Hygiene Regulations, the officer may by a notice served on that person (in these Regulations referred to as a “hygiene improvement notice”) —

• (a) state the officer's grounds for believing that the food business operator is failing to comply with the Hygiene Regulations;

• (b) specify the matters which constitute the food business operator's failure to comply;

• (c) specify the measures which, in the officer's opinion, the food business operator must take in order to secure compliance; and

• (d) require the food business operator to take those measures, or measures which are at least equivalent to them, within such period (not being less than 14 days) as may be specified in the notice.

• (2) Any person who fails to comply with a hygiene improvement notice commits an offence.

Hygiene prohibition orders

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• (1) If —

• (a) a food business operator is convicted of an offence under these Regulations; and

• (b) the court by or before which the operator is so convicted is satisfied that the health risk condition is fulfilled with respect to the food business concerned,

the court shall by an order impose the appropriate prohibition.

• (2) The health risk condition is fulfilled with respect to any food business if any of the following involves risk of injury to health (including any impairment, whether permanent or temporary), namely —

• (a) the use for the purposes of the business of any process or treatment;

• (b) the construction of any premises used for the purposes of the business, or the use for those purposes of any equipment; and

• (c) the state or condition of any premises or equipment used for the purposes of the business.

• (3) The appropriate prohibition is—

• (a) in a case falling within sub-paragraph (a) of paragraph (2), a prohibition on the use of the process or treatment for the purposes of the business;

• (b) in a case falling within sub-paragraph (b) of that paragraph, a prohibition on the use of the premises or equipment for the purposes of the business or any other food business of the same class or description; and

• (c) in a case falling within sub-paragraph (c) of that paragraph, a prohibition on the use of the premises or equipment for the purposes of any food business.

• (4) If —

• (a) a food business operator is convicted of an offence under these Regulations; and

• (b) the court by or before which the operator is so convicted thinks it proper to do so in all the circumstances of the case,

the court may, by an order, impose a prohibition on the food business operator participating in the management of any food business, or any food business of a class or description specified in the order.

• (5) As soon as practicable after the making of an order under paragraph (1) or (4) (in these Regulations referred to as a “hygiene prohibition order”), the enforcement authority shall —

• (a) serve a copy of the order on the relevant food business operator; and

• (b) in the case of an order made under paragraph (1), affix a copy of the order in a conspicuous position on such premises used for the purposes of the food business as they consider appropriate,

and any person who knowingly contravenes such an order commits an offence.

• (6) A hygiene prohibition order ceases to have effect —

• (a) in the case of an order made under paragraph (1), on the issue by the enforcement authority of a certificate to the effect that they are satisfied that the food business operator has taken sufficient measures to secure that the health risk condition is no longer fulfilled with respect to the food business; and

• (b) in the case of an order made under paragraph (4), on the giving by the court of a direction to that effect.

• (7) The enforcement authority must issue a certificate under sub-paragraph (a) of paragraph (6) within three days of their being satisfied as mentioned in that sub-paragraph; and on an application by the food business operator for such a certificate, the authority must —

• (a) determine, as soon as is reasonably practicable and in any event within 14 days, whether or not they are so satisfied; and

• (b) if they determine that they are not so satisfied, give notice to the food business operator of the reasons for that determination.

• (8) The court shall give a direction under sub-paragraph (b) of paragraph (6) if, on an application by the food business operator, the court thinks it proper to do so having regard to all the circumstances of the case, including in particular the conduct of the food business operator since the making of the order; but no such application shall be entertained if it is made —

• (a) within six months of the making of the hygiene prohibition order; or

• (b) within three months of the making by the food business operator of a previous application for such a direction.

• (9) Where a magistrates' court makes an order under paragraph (2) of regulation 8 with respect to any food business, paragraph (1) shall apply as if the food business operator had been convicted by the court of an offence under these Regulations.

• (10) Where the commission of an offence by a food business operator leads to the conviction of another person pursuant to regulation 11, paragraph (4) shall apply in relation to that other person as it applies in relation to the food business operator and any reference in paragraph (5) or (8) to the food business operator is to be construed accordingly.

Hygiene emergency prohibition notices and orders

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