Hygiene improvement notices under reg 6 of the Food Safety and Hygiene (England) Regulations 2013
Produced in partnership with Richard Heller and Hannah Edwards of Drystone Chambers
Hygiene improvement notices under reg 6 of 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:

  • 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
  • Meaning of 'authorised officer'
  • Who is the 'food business operator'?
  • Form for hygiene improvement notice
  • Contents of hygiene improvement notices
  • Time limits for completion of measures
  • Guidance on using hygiene improvement notices
  • Is more than one notice required?
  • More...

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

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 a hygiene improvement notice is to require a 'food business operator' to take measures which are necessary to secure compliance with FSH(E)R 2013. See Practice Note: 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 Food Law Code of Practice (England). issued by the FSA.

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

  4. is failing to comply with FSH(E)R 2013

Meaning of 'authorised officer'

'Authorised officer', in relation to an enforcement authority, means any person

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