Drystone Chambers

This Practice Note explains the meaning and purpose of hygiene improvement notices issued under Food Safety and Hygiene (England) Regulations 2013 (FSH(E)R 2013), regulation 6. The Practice Note examines the criteria for issuing a hygiene improvement notice and the guidance provided by the Food Standards Agency (FSA) on when such notices should be used. The note also refers to the Food Law Code of Practice and the Food Law Practice Guidance.

This Practice Note covers the enforcement powers of a local authority in respect of entering premises to investigate breaches of the Food Safety Act 1990 (FSA 1990). It includes obtaining and executing a warrant to search a premises under the FSA 1990, s 32(2) and additional powers of seizure under the section 50 of the Criminal Justice and Police Act 2001.

This Practice Note explains the approach the courts take on sentencing individuals for breaches of food safety and food hygiene legislation in accordance with the Sentencing Council’s offence-specific guidelines on food safety and food hygiene offences. It explains the nine step approach to sentencing food safety and food hygiene offences which applies to all offences being sentenced by the criminal courts in England and Wales.