Criminal offences under the Food Safety and Hygiene (England) Regulations 2013
Produced in partnership with Richard Heller of Drystone Chambers
Criminal offences under the Food Safety and Hygiene (England) Regulations 2013

The following Corporate Crime guidance note Produced in partnership with Richard Heller of Drystone Chambers provides comprehensive and up to date legal information covering:

  • Criminal offences under the Food Safety and Hygiene (England) Regulations 2013
  • The offence of contravening or failing to comply with the food hygiene requirements—Regulation 19(1)
  • The offence of obstruction—Regulation 17(1)(a)
  • Failing to provide information or assistance—Regulation 17(1)(b)
  • Furnishing false or misleading information—Regulation 17(2)
  • Failing to comply with remedial action notices or court orders
  • Raw milk offences—Schedule 6
  • Offences due to the fault of another person
  • Time limits for prosecution of offences under the regulations

The offence of contravening or failing to comply with the food hygiene requirements—Regulation 19(1)

By Regulation 19(1) of the Food Safety and Hygiene (England) Regulations 2013, SI 2013/2996, ((FSH(E)R 2013, SI 2013/2996, reg 19(1)), ‘any person who contravenes or fails to comply with the specified EU provisions commits an offence’.

The specified provisions are contained in FSH(E)R 2013, SI 2013/2996, Sch 2 and relate mainly to Regulation (EC) 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs and Regulation (EC) 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin.

Offences contrary to Regulation 19(1) are either-way offences that can be tried in the magistrates' court or the Crown Court.

A person will be considered not to have contravened or failed to comply with the specified provisions of Regulation (EC) No 853/2004 if certain requirements are not complied with, as set out in FSH(E)R 2013, SI 2013/2996, Sch 3 and FSH(E)R 2013, SI 2013/2996, Sch 7.

In most cases, issues of non-compliance will be dealt with in the magistrates' court unless the breaches are particularly serious and the court is satisfied that its powers of punishment are insufficient.

Defences to a charge of contravention or failing to comply with the regulations

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