# The Food Hygiene Rating (Wales) Regulations 2013, Regulation 5: Exempt food business establishments

Extent: E+W

(1) The following categories of establishment are exempt from rating under the Act—
(a) an establishment where—
(i) the sale of food is not the primary activity of the establishment; and
(ii) the only food made available to consumers is food that is—
(aa) shelf stable at ambient temperature; and
(bb) wrapped or packaged before it is brought to the establishment and the wrapping or packaging remains sealed at all times before the food is supplied to consumers;
(b) an establishment used by any of the following persons for the purpose of providing caring services where the establishment is also used as a private dwelling —
(i) childminders;
(ii) persons who are adult placement carers within the meaning of regulation 1(3) of the Adult Placement Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019;
but not including an establishment used to provide catering services by which food is supplied from a private dwelling.
(2) In paragraph (1)(b)(i), “childminders” includes—
(a) childminders who are registered under Part 2 of the Children and Families (Wales) Measure 2010 or registered under equivalent alternative provisions for registering child minders; and
(b) childminders who would be required to be registered as mentioned in sub-paragraph (a) but for the fact that the children for whom they provide child care are over eight years of age.

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Source: https://www.legislation.gov.uk/wsi/2013/2903/regulation/5 (the official version)
Page: https://openlegislation.uk/food-hygiene-rating-wales-regulations-2013/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.