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...

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 a remedial action notice. Whereas the Food Law Code of Practice (England), April 2014 contained model forms for remedial action notices, this content is now archived having been replaced by the current version of the Food Law Code of Practice, which does not contain the model forms.

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

Under FH(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

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