A Guide to Food Hygiene Regulations in the UK Business Information Factsheet BIF193 February 2016 Introduction UK food hygiene regulations (the Regulations) consist of four separate sets of national legislation: The Food Safety and Hygiene (England) Regulations 2013. The Food Hygiene (Wales) Regulations 2006. The Food Hygiene (Scotland) Regulations 2006. The Food Hygiene Regulations (Northern Ireland) 2006. The Regulations impose requirements on food business operators to ensure that food is safe for human consumption. The Regulations provide for the enforcement of European Union (EU) food hygiene requirements that are set out in EC Regulations 852/2004 and 853/2004 and include food safety management and registration provisions. A key requirement is for all food business operators to produce a written Food Safety Management System (FSMS) based on Hazard Analysis and Critical Control Points (HACCP) principles. Other requirements include the registration of premises, adequate staff training, cleaning and maintenance regimes. The Regulations apply to all food business operators, including those that manufacture, prepare, handle, process, package, store, transport, sell, distribute or supply food. This factsheet explains what the Regulations cover and how they are enforced. What obligations do the Regulations place on food business operators? The main provisions of the Regulations include: Premises registration In order to comply with the Regulations, most food business operators must register their premises with the environmental health department of their local authority at least 28 days before they commence trading. This includes mobile or temporary premises, such as vans and stalls. The registration requirement also applies to home-based kitchens. Food business operators with two or more premises must register each one. Registration enables local authorities to keep an up-to-date list of food business operators' premises in their area, monitor them and offer advice as required. Food business operators must notify their local authority of any changes in circumstances as soon as they occur. BIF193 Food Hygiene Regulations in the UK - A Guide to Page 1 of 5
Food business operators that produce or process food of animal origin, such as meat and meat products, eggs, milk and dairy products and fish and fish products, must have their premises approved, rather than registered, by their local authority. To register, food business operators must complete a registration form providing full details of the activities undertaken on the premises. Some local authorities require completed forms to be posted or faxed to the relevant department, usually environmental health, while others require them to be submitted online. Producing a written FSMS Food business operators have an obligation to ensure food is produced and handled safely and hygienically. Premises must be suitably equipped, staff must be appropriately trained, and all activities involving food must be properly managed. In order to demonstrate to local authority environmental health enforcement officers that proper hygiene procedures are in place, food business operators must keep specific records in the form of a written FSMS. The FSMS must be based on HACCP principles. HACCP is a recognised system of safety management that identifies critical points in processes where hazards could arise and puts measures in place to prevent things going wrong. Hazards can occur at any stage in the operation of a food business, from the moment supplies are received to the point when customers are served. Potential hazards can be: Microbiological, for example bacteria multiplying in foods. Chemical, for example cleaning products contaminating food. Physical, for example foreign objects, such as packaging, getting into food. The seven HACCP principles are: 1. Identify hazards. This requires a risk analysis in order to identify any biological, chemical or physical hazards that may cause food to become unsafe. 2. Identify Critical Control Points (CCPs). These are specific points in business procedures and processes where steps can be taken to remove or reduce any potential hazards to an acceptable level. 3. Establish limits for CCPs. The limits are the maximum and minimum thresholds at which potential hazards must be controlled at each CCP. Examples include minimum frequency of cleaning, or minimum heating and storage temperatures. 4. Establish CCP monitoring procedures. Each CCP must be suitably monitored in order to ensure CCP limits are being met and processes are safe and under control. 5. Establish corrective actions. These are steps that need to be taken if the CCP monitoring procedures reveal that any limits for hazard control are not being met. 6. Validate and verify the FSMS. This involves putting checks in place to ensure the FSMS is working as intended, for example by checking CCP limits and records, or by microbiological testing of food. 7. Keep records. All food operators must keep written records, including records of the hazard analysis, FSMS, CCP limits, monitoring of CCPs, handling of corrections and any checking and verification activities. BIF193 Food Hygiene Regulations in the UK - A Guide to Page 2 of 5
The FSMS must be kept in place permanently and must be reviewed if the business changes what it produces or how it works. An individual FSMS must be created for each separate food-related operation, if the business carries out more than one. Staff training Food business operators must ensure that each member of staff is properly instructed, trained and supervised to ensure that they handle food safely and in a hygienic way. Although there is no legal requirement for staff to attend a formal training course or hold a formal qualification, the food business operator is legally responsible for ensuring that they have the necessary skills, for example through on-the-job training, or from previous work experience. Food business operators can ensure that staff members are fully competent by having them attend a training course to gain a certificate in food hygiene. Basic courses, covering subjects such as personal hygiene and the prevention of contamination, are accredited by the Chartered Institute of Environmental Health (CIEH, www.cieh.org/training/food_safety.html) and the Royal Society for Public Health (RSPH, www.rsph.org.uk/en/qualifications/qualifications.cfm). Courses are delivered at training centres across the UK and fees vary according to training provider. General food hygiene obligations In order to meet the requirements of the Regulations, premises must be kept clean and in good repair and condition. Handwashing facilities and toilets for staff must be adequate and kept separate from, for example, food preparation facilities. The premises must have adequate ventilation and have adequate lighting and drainage and must be designed to avoid the risk of contamination. Rooms where food is prepared, treated or processed must be designed and laid out to allow adequate food hygiene practices. Food waste and other rubbish must be removed from areas where food is present and disposed of in a hygienic and environmentally friendly way. The premises must also have an adequate supply of potable (drinking quality) water. Staff working in a food-handling area must maintain a high level of personal cleanliness and wear suitable clean clothing. Staff who have suffered from vomiting or diarrhoea should not handle food until at least 48 hours after their symptoms have ceased. All ingredients must be stored in appropriate conditions to protect them from contamination. All food and ingredients must not be kept at temperatures that might cause a risk to health and must be kept under the appropriate temperature control, either in 'chill' or 'hot holding'. Exceptions to the temperature control requirements include food that can be stored at ambient temperature throughout its shelf-life with no risk to human health. In England, Wales and Northern Ireland, it is a legal requirement that foods in chill holding must be kept at 8 C or below. In Scotland, the temperature at which foods in chill holding must be kept is not specified in any regulations, but they should be kept in a refrigerator. Throughout the UK, it is a legal requirement that foods in hot holding must be kept at 63 C or above. Food business operators must not accept ingredients known to be, or expected to be, contaminated in a way that means the final product would be unfit for human consumption. BIF193 Food Hygiene Regulations in the UK - A Guide to Page 3 of 5
How are the Regulations enforced, and what are the penalties for non-compliance? The Regulations are enforced by local authority environmental health departments. Environmental health officers can visit premises without giving advance notice, either on a routine visit or because of a complaint. Environmental health officers are entitled to enter premises to inspect facilities and take samples of food and ingredients. Intentionally obstructing the duties of any officer acting to enforce the Regulations is an offence. Routine visits will be made regularly at intervals that will depend on the type of business and its previous inspection record. Some premises will be visited every few months, while others will be visited less often. See BIF 503, A Guide to Food Hygiene Inspections, for further information. The penalties for failing to comply with the Regulations vary depending on the severity of the situation. In some cases, environmental health officers will provide advice about how to comply and will return at a later date to ensure that the advice and guidance is being followed. Environmental health officers can issue hygiene improvement notices, which set out actions the food business operator must take to comply, or hygiene emergency prohibition notices, which forbid the use of premises or equipment. In more serious cases, food business operators can be prosecuted and can receive unlimited fines or a prison sentence of up to two years. Hints and tips It is mandatory to register any new food business premises with the local authority environmental health department at least 28 days before commencing trading. Many common food safety problems can be avoided by recognising four key factors, known as 'the four Cs'. They are: Cross-contamination - when bacteria is spread between food, surfaces or equipment, for example if raw food touches ready-to-eat food. Cleaning - helps stop harmful bacteria spreading to food, for example via hands, equipment and surfaces. Chilling - keep food safe by preventing harmful bacteria multiplying, for example when food is kept refrigerated rather than being left at room temperature. Cooking - kills harmful bacteria when food is properly cooked, for example some meat products should be served piping hot all the way through. Go to www.food.gov.uk/enforcement/regulation to keep up to date with developments in food regulations. Further information BIF 70 A Guide to the Food Safety Act 1990 BIF 435 An Introduction to Food Safety Legislation BIF 486 A Guide to the Registration of Food Business Premises BIF 502 An Introduction to Creating a Food Safety Management System (FSMS) BIF 503 A Guide to Food Hygiene Inspections BIF193 Food Hygiene Regulations in the UK - A Guide to Page 4 of 5
Useful contacts The Food Standards Agency (FSA) is a Government agency responsible for protecting the public's health and consumer interests in relation to food. It provides guidance and information on food safety. There are three national FSA offices in England, Wales and Northern Ireland, in addition to a separate Food Standards Scotland: FSA England Tel: (020) 7276 8829 Website: www.food.gov.uk FSA Wales Tel: (029) 2067 8999 Website: www.food.gov.uk/wales FSA Northern Ireland Tel: (028) 9041 7700 Website: www.food.gov.uk/northern-ireland Food Standards Scotland is the Government agency responsible for food safety and hygiene in Scotland. Tel: (01224) 285100 Website: www.foodstandards.gov.scot The Chartered Institute of Environmental Health (CIEH) offers a wide range of food safety courses and qualifications. Tel: (020) 7928 6006 Website: www.cieh.org DISCLAIMER While all reasonable efforts have been made, the publisher makes no warranties that this information is accurate and up-to-date and will not be responsible for any errors or omissions in the information nor any consequences of any errors or omissions. Professional advice should be sought where appropriate. Cobweb Information Ltd, Unit 9 Bankside, The Watermark, Gateshead, NE11 9SY. Tel: 0191 461 8000 Website: www.cobwebinfo.com BIF193 Food Hygiene Regulations in the UK - A Guide to Page 5 of 5