The Food Hygiene (Wales) Regulations 2006

Made: 10 January 2006

Coming into force: 11 January 2006

The National Assembly for Wales, being designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to food (including drink), including the primary production of food, in exercise of the powers conferred by that section, and in exercise of the powers conferred by sections 16(1)(e) of the Food Safety Act 1990 and now vested in it , having had regard in accordance with section 48(4A) of the Food Safety Act to relevant advice given by the Food Standards Agency and after open and transparent public consultation both 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 , makes the following Regulations:

PART 1 — PRELIMINARY

Title, commencement and application

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The title of these Regulations is the Food Hygiene (Wales) Regulations 2006, they come into force on 11 January 2006, and apply in relation to Wales.

Interpretation

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• (1) In these Regulations—

• “the Act” (“y Ddeddf”) means the Food Safety Act 1990 ;

• “the Agency” (“yr Asiantaeth”) means the Food Standards Agency;

• “authorised officer” (“swyddog awdurdodedig”), 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;

• “the Community Regulations” (“Rheoliadau’r Gymuned”) means Regulation 852/2004, Regulation 853/2004, Regulation 2073/2005, Regulation 2015/1375, Regulation 2017/185 and the Regulation 2017/625 package insofar as it and they apply to food;

• “enforcement authority” (“awdurdod gorfodi”) means the authority which, by virtue of regulation 5, is responsible for enforcing and executing the Hygiene Regulations;

• “food authority” (“awdurdod bwyd”) has the meaning that it bears by virtue of section 5(1A) of the Act;

• “the Hygiene Regulations” (“y Rheoliadau Hylendid”) means these Regulations and the Community Regulations;

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

• ...

• the Regulation 2017/625 package” (“pecyn Rheoliad 2017/625”) means Regulation 2017/625 and the other Regulations listed in Schedule 1 below the heading “The Regulation 2017/625 package

• “specified Community provision” (“darpariaeth Gymunedol benodedig”) means any provision of the Community 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 Regulation 2017/625 or any other Directive or Regulation 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 Community Regulations has the meaning it bears in Regulation 178/2002 or the Community Regulations, as the case may be.

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

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

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

any reference in these Regulations to a food authority shall 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 will 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 will, 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,

will 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 will, until the contrary is proved, be presumed to be intended for such use.

Competent authority

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The competent authority for the purposes of the Community Regulations is the Agency except where it has delegated competencies as provided for in those Regulations.

Enforcement

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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 his or her operations must enforce and execute 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 his or her operations must enforce and execute 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 must enforce and execute 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; and

• (b) the Agency or the food authority in whose area the food business operator carries out his or her operations must enforce and execute 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 must enforce and execute the Hygiene Regulations.

• (4) Each food authority must enforce and execute 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 must enforce and execute 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) In this regulation—

• “cutting plant” (“safle torri”) 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;

• “game-handling establishment” (“sefydliad trin anifeiliaid hela”) means an 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;

• “slaughterhouse” (“lladd-dy”) 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.

PART 2 — MAIN PROVISIONS

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 will be guilty of 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 will 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 must—

• (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 will be guilty of an offence.

• (6) A hygiene prohibition order will cease 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 must 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 will 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) will 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 10, paragraph (4) will 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 will be construed accordingly.

Hygiene emergency prohibition notices and orders

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• (1) If an authorised officer of an enforcement authority is satisfied that the health risk condition is fulfilled with respect to any food business the officer may by a notice served on the relevant food business operator (in these Regulations referred to as a “hygiene emergency prohibition notice”) impose the appropriate prohibition.

• (2) If a magistrates' court is satisfied, on the application of such an officer, that the health risk condition is fulfilled with respect to any food business, the court must, by an order (in these Regulations referred to as a “hygiene emergency prohibition order”), impose the appropriate prohibition.

• (3) Such an officer may not apply for a hygiene emergency prohibition order unless, at least one day before the date of the application, the officer has served notice on the relevant food business operator of his or her intention to apply for the order.

• (4) Paragraphs (2) and (3) of regulation 7 apply for the purposes of this regulation as they apply for the purposes of that regulation, but as if the reference in paragraph (2) to risk of injury to health were a reference to imminent risk of injury.

• (5) As soon as practicable after the service of a hygiene emergency prohibition notice, an authorised officer of an enforcement authority must affix a copy of the notice in a conspicuous position on such premises used for the purposes of the food business as he or she considers appropriate; and any person who knowingly contravenes such a notice will be guilty of an offence.

• (6) As soon as practicable after the making of a hygiene emergency prohibition order, an authorised officer of an enforcement authority must—

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

• (b) affix a copy of the order in a conspicuous position on such premises used for the purposes of the food business as the officer considers appropriate,

and any person who knowingly contravenes such an order will be guilty of an offence.

• (7) A hygiene emergency prohibition notice will cease to have effect—

• (a) if no application for a hygiene emergency prohibition order is made within the period of three days beginning with the service of the notice, at the end of that period; or

• (b) if such an application is so made, on the determination or abandonment of the application.