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The Food Hygiene (Wales) Regulations 2006

W.S.I. 2006/31 · Made 10 January 2006 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 30 September 2022.

FOOD, WALES

Made 10 January 2006

Coming into force 11 January 2006

The National Assembly for Wales, being designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 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 M3 and now vested in it M4, 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 M5, makes the following Regulations:

Annotations to the whole text

Marginal citations

M1

S.I. 2005/1971.

M2

1972 c. 68.

M3

1990 c. 16.

M4

Functions of the Secretary of State under the Food Safety Act 1990, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as read with section 40(3) of the Food Standards Act.

M5

OJ No. L31, 1.2.2002, p.1. That Regulation was last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (OJ No. L245, 29.9.2003, p.4).

Contents

  1. Part 1: PRELIMINARY
  2. 1Title, commencement and application
  3. 2Interpretation
  4. 3Presumptions that food is intended for human consumption
  5. 4Competent authority
  6. 5Enforcement
  7. Part 2: MAIN PROVISIONS
  8. 6Hygiene improvement notices
  9. 7Hygiene prohibition orders
  10. 8Hygiene emergency prohibition notices and orders
  11. 9Remedial action notices and detention notices
  12. 10Offences due to fault of another person
  13. 11Defence of due diligence
  14. Part 3: ADMINISTRATION AND ENFORCEMENT
  15. 12Procurement of samples
  16. 13Analysis etc. of samples
  17. 14Powers of entry
  18. 15Obstruction etc. of officers
  19. 16Time limit for prosecutions
  20. 17Offences and penalties
  21. 18Offences by bodies corporate
  22. 19Offences by Scottish partnerships
  23. 20Right of appeal
  24. 21Appeals to Crown Court
  25. 22Appeals against hygiene improvement notices and remedial action notices
  26. 23Application of section 9 of the Food Safety Act 1990
  27. Part 4: MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
  28. 24Power to issue codes of recommended practice
  29. 25Protection of officers acting in good faith
  30. 26Revocation and suspension of designations and appointments
  31. 27Food which has not been produced, processed or distributed in accordance with the Hygiene Regulations
  32. 28Service of documents
  33. 29Bulk transport in sea-going vessels of liquid oils or fats and the bulk transport by sea of raw sugar
  34. 30Temperature control requirements
  35. 31Direct supply by the producer of small quantities of meat from poultry and lagomorphs slaughtered on the farm
  36. 32Restriction on the sale of raw milk intended for direct human consumption
  37. 32ASpecial health mark Repealed
  38. 33Consequential amendments Repealed
  39. 34Revocation
  40. Signature
  41. Schedule 1DEFINITIONS OF LEGISLATION
  42. Schedule 2SPECIFIED COMMUNITY PROVISIONS
  43. Schedule 3: BULK TRANSPORT IN SEA-GOING VESSELS OF LIQUID OILS OR FATS AND THE BULK TRANSPORT BY SEA OF RAW SUGAR
  44. 1Offence
  45. 2Liquid oils or fats
  46. 3Paragraph 3
  47. 4Paragraph 4
  48. 5Paragraph 5
  49. 6Paragraph 6
  50. 7Raw sugar
  51. 8Paragraph 8
  52. 9Paragraph 9
  53. 10Paragraph 10
  54. 11Paragraph 11
  55. 12Paragraph 12
  56. 13Paragraph 13
  57. 14Interpretation
  58. Schedule 3AREQUIREMENTS REFERRED TO IN REGULATION 17(5)
  59. Schedule 3BREQUIREMENTS REFERRED TO IN REGULATION 17(6)
  60. Schedule 3CREQUIREMENTS REFERRED TO IN REGULATION 17(7)
  61. Schedule 3DREQUIREMENTS REFERRED TO IN REGULATION 17(8)
  62. Schedule 4: TEMPERATURE CONTROL REQUIREMENTS
  63. 1Scope
  64. 2Chill holding requirements
  65. 3General exemptions from the chill holding requirements
  66. 4Upward variation of the 8°C temperature by manufacturers etc.
  67. 5Chill holding tolerance periods
  68. 6Hot holding requirements
  69. 7Hot holding defences
  70. 8Interpretation
  71. Schedule 5: DIRECT SUPPLY BY THE PRODUCER OF SMALL QUANTITIES OF MEAT FROM POULTRY AND LAGOMORPHS SLAUGHTERED ON THE FARM
  72. 1Scope
  73. 2Requirements
  74. 3Offence
  75. Schedule 6: RESTRICTIONS ON THE SALE OF RAW MILK INTENDED FOR DIRECT HUMAN CONSUMPTION
  76. 1Paragraph 1
  77. 1AParagraph 1A
  78. 1BParagraph 1B
  79. 2Paragraph 2
  80. 3Paragraph 3
  81. 4Paragraph 4
  82. 5Paragraph 5
  83. 6Paragraph 6
  84. 7Paragraph 7
  85. 7AParagraph 7A
  86. 7BParagraph 7B
  87. 7CParagraph 7C
  88. 7DParagraph 7D
  89. 7EParagraph 7E
  90. 8Paragraph 8
  91. Schedule 6A: THE SPECIAL HEALTH MARK
  92. 1Paragraph 1 Repealed
  93. 2Paragraph 2 Repealed
  94. Schedule 7: CONSEQUENTIAL AMENDMENTS Repealed
  95. 1The Colours in Food Regulations 1995 Repealed
  96. 2Paragraph 2 Repealed
  97. 3The Animal By-Products (Identification) Regulations 1995 Repealed
  98. 4Paragraph 4 Repealed
  99. 5Paragraph 5 Repealed
  100. 6Paragraph 6 Repealed
  101. 7Paragraph 7 Repealed
  102. 8Paragraph 8 Repealed
  103. 9Paragraph 9 Repealed
  104. 10Paragraph 10 Repealed
  105. 11Paragraph 11 Repealed
  106. 12The Food Labelling Regulations 1996 Repealed
  107. 13Paragraph 13 Repealed
  108. 14Paragraph 14 Repealed
  109. 15The Beef Bones Regulations 1997 Repealed
  110. 16Paragraph 16 Repealed
  111. 17Paragraph 17 Repealed
  112. Explanatory note