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

The following Corporate Crime practice note produced in partnership with Richard Heller and Hannah Edwards 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)
  • Defences to a charge of contravention or failing to comply with the regulations
  • Penalties for the offence of contravening or failing to comply with the regulations
  • The offence of obstruction—Regulation 17(1)(a)
  • Meaning of 'intentionally obstructed'
  • Defences to a charge of obstruction
  • Sentencing for the offence of obstruction
  • Failing to provide information or assistance—Regulation 17(1)(b)
  • Defence to a charge of failing to provide information or assistance
  • More...

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 (as amended by General Food Law (Amendment etc) (EU Exit) Regulations, SI 2019/641) and relate mainly to Retained Regulation (EC) 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law (the Retained Food Safety Regulation), Retained Regulation (EC) 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (Retained Food Hygiene Regulation) and Retained 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 (Retained Food of Animal Origin Hygiene Regulation).

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 Retained Regulation (EC) No 853/2004 if certain requirements are complied with, as set out in FSH(E)R 2013, SI 2013/2996, Sch

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