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The Food Safety and Hygiene (England) Regulations 2013

S.I. 2013/2996 · Made 22 November 2013 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 27 February 2025.

Food, England

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 M1.

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 M2 and measures in the veterinary and phytosanitary fields for the protection of public health M3.

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 M4 there has been open and transparent public consultation during the preparation of the following Regulations.

Annotations to the whole text

Marginal citations

M1

1972 c.68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (2006 c.51) and has been amended by section 3(3) of and the Schedule to the European Union (Amendment) Act 2008 (2008 c.7).

M2

S.I. 2003/2901.

M3

S.I. 1999/2027.

M4

OJ No. L31, 1.2.2002, p.1, as last amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny- Part Four (OJ No. L188, 18.7.2009, p.14).

Contents

  1. 1Title, application, commencement and extent
  2. 2Interpretation
  3. 3Presumptions that food is intended for human consumption
  4. 4Competent authorities
  5. 5Enforcement authorities
  6. 6Hygiene improvement notices
  7. 7Hygiene prohibition orders
  8. 8Hygiene emergency prohibition notices and orders
  9. 9Remedial action notices
  10. 10Detention notices
  11. 11Offences due to the fault of another person
  12. 12Defence of due diligence
  13. 13Defence in relation to exports
  14. 14Procurement of samples
  15. 15Analysis etc. of samples
  16. 16Powers of entry
  17. 17Obstruction etc. of officers
  18. 18Time limit for prosecutions
  19. 19Offences and penalties
  20. 20Offences by bodies corporate
  21. 21Offences by Scottish partnerships
  22. 22Right of appeal
  23. 23Appeals to the Crown Court
  24. 24Appeals against hygiene improvement notices and remedial action notices
  25. 25Application of section 9 of the Food Safety Act 1990
  26. 26Power to issue codes of recommended practice
  27. 27Protection of officers acting in good faith
  28. 28Revocation and suspension of designations and appointments
  29. 29Food which has not been produced, processed or distributed in accordance with the Hygiene Regulations
  30. 30Service of documents
  31. 31Bulk transport in sea-going vessels of liquid oils or fats and the bulk transport by sea of raw sugar
  32. 32Temperature control requirements
  33. 33Direct supply by the producer of small quantities of meat from poultry or lagomorphs slaughtered on the farm
  34. 34Restrictions on the sale of raw milk intended for direct human consumption
  35. 35Special health mark Repealed
  36. 36Consequential amendment to the Act
  37. 37Amendments to the Official Feed and Food Controls (England) Regulations 2009
  38. 38Consequential amendments to the Animal By-Products (Enforcement) (England) Regulations 2013
  39. 39Consequential amendment to the Trade in Animals and Related Products Regulations 2011
  40. 40Revocations
  41. 41Review
  42. Signature
  43. Schedule 1DEFINITIONS OF LEGISLATION
  44. Schedule 2Specified EU provisions
  45. Schedule 3: Bulk transport in sea-going vessels of liquid oils or fats and the bulk transport by sea of raw sugar
  46. 1Offence
  47. 2Liquid oils or fats Repealed
  48. 3Paragraph 3 Repealed
  49. 4Paragraph 4 Repealed
  50. 5Paragraph 5 Repealed
  51. 6Paragraph 6 Repealed
  52. 7Raw sugar
  53. 8Paragraph 8
  54. 9Paragraph 9
  55. 10Paragraph 10
  56. 11Paragraph 11
  57. 12Paragraph 12
  58. 13Paragraph 13
  59. 14Interpretation
  60. Schedule 4: Temperature control requirements
  61. 1Scope
  62. 2Chill holding requirements
  63. 3General exemptions from the chill holding requirements
  64. 4Upward variation of the 8 degrees centigrade temperature by manufacturers etc.
  65. 5Chill holding tolerance periods
  66. 6Hot holding requirements
  67. 7Hot holding defences
  68. 8Interpretation
  69. Schedule 5: Direct supply by the producer of small quantities of meat from poultry or lagomorphs slaughtered on the farm
  70. 1Scope
  71. 2Requirements
  72. 3Offence
  73. Schedule 6: Restrictions on the sale of raw milk intended for direct human consumption
  74. 1Paragraph 1
  75. 1AParagraph 1A
  76. 1BParagraph 1B
  77. 2Paragraph 2
  78. 3Paragraph 3
  79. 4Paragraph 4
  80. 5Paragraph 5
  81. 6Paragraph 6
  82. 7Paragraph 7
  83. 7AParagraph 7A
  84. 7BParagraph 7B
  85. 7CParagraph 7C
  86. 8Paragraph 8
  87. Schedule 7: Derogations relating to low throughput establishments
  88. Part 1: Requirements referred to in regulation 19(5)
  89. 1Paragraph 1
  90. 2Paragraph 2
  91. Part 2: Requirements referred to in regulation 19(6)
  92. 1Paragraph 1
  93. Part 3: Requirements referred to in regulation 19(7)
  94. 1Paragraph 1
  95. Part 4: Requirements referred to in regulation 19(8)
  96. 1Paragraph 1
  97. Schedule 8: The Special Health Mark Repealed
  98. 1Paragraph 1 Repealed
  99. 2Paragraph 2 Repealed
  100. Schedule 9Revocations
  101. Explanatory note