The Food Safety and Hygiene (England) Regulations 2013
S.I. 2013/2996 · Made 22 November 2013 · Extends to United Kingdom
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
- M3
- 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
- 1Title, application, commencement and extent
- 2Interpretation
- 3Presumptions that food is intended for human consumption
- 4Competent authorities
- 5Enforcement authorities
- 6Hygiene improvement notices
- 7Hygiene prohibition orders
- 8Hygiene emergency prohibition notices and orders
- 9Remedial action notices
- 10Detention notices
- 11Offences due to the fault of another person
- 12Defence of due diligence
- 13Defence in relation to exports
- 14Procurement of samples
- 15Analysis etc. of samples
- 16Powers of entry
- 17Obstruction etc. of officers
- 18Time limit for prosecutions
- 19Offences and penalties
- 20Offences by bodies corporate
- 21Offences by Scottish partnerships
- 22Right of appeal
- 23Appeals to the Crown Court
- 24Appeals against hygiene improvement notices and remedial action notices
- 25Application of section 9 of the Food Safety Act 1990
- 26Power to issue codes of recommended practice
- 27Protection of officers acting in good faith
- 28Revocation and suspension of designations and appointments
- 29Food which has not been produced, processed or distributed in accordance with the Hygiene Regulations
- 30Service of documents
- 31Bulk transport in sea-going vessels of liquid oils or fats and the bulk transport by sea of raw sugar
- 32Temperature control requirements
- 33Direct supply by the producer of small quantities of meat from poultry or lagomorphs slaughtered on the farm
- 34Restrictions on the sale of raw milk intended for direct human consumption
- 35Special health mark Repealed
- 36Consequential amendment to the Act
- 37Amendments to the Official Feed and Food Controls (England) Regulations 2009
- 38Consequential amendments to the Animal By-Products (Enforcement) (England) Regulations 2013
- 39Consequential amendment to the Trade in Animals and Related Products Regulations 2011
- 40Revocations
- 41Review
- Signature
- Schedule 1DEFINITIONS OF LEGISLATION
- Schedule 2Specified EU provisions
- Schedule 3: Bulk transport in sea-going vessels of liquid oils or fats and the bulk transport by sea of raw sugar
- 1Offence
- 2Liquid oils or fats Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Raw sugar
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Interpretation
- Schedule 4: Temperature control requirements
- 1Scope
- 2Chill holding requirements
- 3General exemptions from the chill holding requirements
- 4Upward variation of the 8 degrees centigrade temperature by manufacturers etc.
- 5Chill holding tolerance periods
- 6Hot holding requirements
- 7Hot holding defences
- 8Interpretation
- Schedule 5: Direct supply by the producer of small quantities of meat from poultry or lagomorphs slaughtered on the farm
- 1Scope
- 2Requirements
- 3Offence
- Schedule 6: Restrictions on the sale of raw milk intended for direct human consumption
- 1Paragraph 1
- 1AParagraph 1A
- 1BParagraph 1B
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 7AParagraph 7A
- 7BParagraph 7B
- 7CParagraph 7C
- 8Paragraph 8
- Schedule 7: Derogations relating to low throughput establishments
- Part 1: Requirements referred to in regulation 19(5)
- 1Paragraph 1
- 2Paragraph 2
- Part 2: Requirements referred to in regulation 19(6)
- 1Paragraph 1
- Part 3: Requirements referred to in regulation 19(7)
- 1Paragraph 1
- Part 4: Requirements referred to in regulation 19(8)
- 1Paragraph 1
- Schedule 8: The Special Health Mark Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- Schedule 9Revocations
- Explanatory note