Applying the Food Safety and Hygiene (England) Regulations 2013
Applying the Food Safety and Hygiene (England) Regulations 2013

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • Applying the Food Safety and Hygiene (England) Regulations 2013
  • What are the Food Hygiene (England) Regulations 2013?
  • Who do the FSH(E)R 2013 apply to?
  • Who is excluded from compliance with the Regulations?
  • What are the general food hygiene requirements under EC Regulation 852/2004?
  • What are the hygiene requirements for foods of animal origin under EC Regulation 853/2004?
  • What food products does EC Regulation 853/2004 apply to?
  • Official Controls for food hygiene under EC Reg 854/2004

What are the Food Hygiene (England) Regulations 2013?

The Food Hygiene (England) Regulations (FH(E)R 2013) 2013 revoke and re-enact with some changes the Food Safety and Hygiene (England) Regulations 2006, SI 2006/14 and consolidates existing food hygiene legislation.

These Regulations provide for the execution and enforcement of EU applicable instruments. These are

  1. Regulation (EC) 852/2004 (EC Reg 852/2004) on the general hygiene of foodstuffs

  2. Regulation (EC) 853/2004 (EC Reg 853/2004) laying down specific hygiene rules for products of animal origin

  3. Regulation (EC) 854/2004( EC Reg 854/2004) laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption

Who do the FSH(E)R 2013 apply to?

The FSH(E)R 2013, SI 2013/2996 apply principally to 'food businesses' and 'food business operators'. These regulations create the presumption that specified food is intended for human consumption.

The definitions of a ‘food business’ and a ‘food business operator’ are laid down in Article 3 of Regulation EC 178/2002 (the General Principals and Requirements of Food Law) (EC Reg 178/2002).

A 'food business' means any undertaking, whether for profit or not, and whether public or private, carrying out any of the activities related to any stage of the production, processing and distribution of food.

A 'food business operator' means the natural or legal persons responsible for ensuring compliance with food law in the food