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

The following Corporate Crime practice 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

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for corporate crime?

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

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