Food hygiene remedial action and detention notices
Produced in partnership with Richard Heller and Hannah Edwards of Drystone Chambers

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:

  • 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 FSH(E)R 2013
  • Inspections
  • Content and service of a remedial action notice
  • Guidance on issuing remedial action notices
  • More...

Food hygiene remedial action and detention notices

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 Safety and Hygiene (England) Regulations 2013 (FSH(E)R 2013) or where an inspection under FSH(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

The Food Law Practice Guidance contains a link to the FSA’s communications platform where a template remedial action notice can be found.

When and in what circumstances can a remedial action notice be served?

Under FSH(E)R 2013 reg 9(2), a remedial action notice must be served as soon as practicable, and can only be issued if:

  1. an authorised officer of an enforcement authority

  2. is satisfied that an 'establishment subject to approval'

  3. has failed to comply with any of the requirements of FSH(E)R 2013,

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