Food hygiene remedial action and detention notices
Food hygiene remedial action and detention notices

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

  • Food hygiene remedial action and detention notices
  • What is a remedial action notice?
  • Form of remedial action notice
  • When and in what circumstances can a remedial action notice be served?
  • Meaning of 'authorised officer'
  • An establishment subject to approval
  • Non-compliance with FH(E)R 2013
  • Inspections
  • Content and service of a remedial action notice
  • Guidance on issuing remedial action notices
  • More...

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 is a remedial action notice?

A remedial action notice is used by enforcement authorities such as the Food Standards Agency (FSA) or a local authority, where there has been a breach of the Food Hygiene (England) Regulations 2013 (FH(E)R 2013) or where an inspection under FH(E)R 2013 is being hampered.

The effect of such a notice is to:

  1. prohibit the use of any equipment or any part of the establishment specified in the notice, or

  2. impose conditions upon or prohibit the carrying out of any process, or

  3. require the rate of operation to be reduced to such an extent as specified in the notice, or stopped completely

Failure to comply with a remedial action notice is a criminal offence, see Practice Note: Criminal offences under the Food Hygiene (England) Regulations 2013.

Form of remedial action notice

There is no prescribed form of

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