Hygiene improvement notices under reg 6 of the Food Safety and Hygiene (England) Regulations 2013
Hygiene improvement notices under reg 6 of the Food Safety and Hygiene (England) Regulations 2013

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

  • Hygiene improvement notices under reg 6 of the Food Safety and Hygiene (England) Regulations 2013
  • What are hygiene improvement notices?
  • Criteria for issuing a hygiene improvement notice
  • Form for hygiene improvement notice
  • Contents of hygiene improvement notices
  • Guidance on using hygiene improvement notices
  • Is more than one notice required?
  • Methods of service of a hygiene improvement notice
  • Appeal against hygiene improvement notices

What are hygiene improvement notices?

Hygiene improvement notices are used by enforcement authorities such as the Food Standards Agency (FSA) or a local authority, to enforce the Food Safety and Hygiene (England) Regulations 2013 (FSH(E)R 2013), SI 2013/2996.

The effect of such a notice is to require a 'food business operator' to take measures which are necessary to secure compliance with FSH(E)R 2013. See Applying the Food Safety and Hygiene (England) Regulations 2013.

Hygiene improvement notices should be distinguished from improvement notices issued under the Food Safety Act 1990 (FSA 1990). Improvement notices issued under FSA 1990 are used to enforce the regulations made under Part II of FSA 1990.

Failure to comply with a hygiene improvement notice issued under FSH(E)R 2013 is a criminal offence.

Guidance on using hygiene improvement notices is provided by the:

  1. Food Law Practice Guidance (England) issued by the FSA, and

  2. Food Law Code of Practice (England) issued under the under the Food Safety Act 1990, FSH(E)R 2013, and the Official Feed and Food Controls (England) Regulations 2009

The FSA in Wales has also issued a Food Law Code of Practice and associated practice guidance for Wales.

Criteria for issuing a hygiene improvement notice

A hygiene improvement notice can only be issued if:

  1. an authorised officer

  2. has reasonable grounds for believing

  3. that a food business operator