Food Safety and Hygiene (Scotland) Regulations 2006
What this means for your business
- Enforced by
- Food Standards Scotland, DEFRA
- Applies to
- United Kingdom
- On this page
- 14 compliance obligations, 1 practical guide
What you must do
14 compliance obligations under this legislation — 13 can result in imprisonment.
Management duties 1
Implement and maintain a HACCP‑based food safety system and cooperate with authorities
2 years imprisonmentIf you run any part of the food chain – from primary production to processing, distribution or sale – you must have a documented HACCP plan, keep it up to date whenever anything changes, and retain the necessary records. You also have to notify the relevant competent authority about your sites, ensure any required approvals are in place, apply the correct health or identification marks, and provide evidence of compliance when asked.
Other requirements 1
Do not sell raw milk or raw cream for direct consumption
2 years imprisonmentYou must not place raw milk or raw cream that is intended to be drunk straight on the Scottish market. You can only sell it if it is for export and meets the required EU food‑safety rules; otherwise you are committing a criminal offence.
Offences and prohibitions 12
Breach a hygiene prohibition order
2 years imprisonmentIf you, as a food business operator, knowingly ignore a court‑issued hygiene prohibition order – for example, continuing to use a risky process, premises or equipment after being told not to – you commit a criminal offence. Conviction can lead to a fine, imprisonment or both, although the exact penalties are set elsewhere in the regulations.
Cause another person to commit a food safety offence
2 years imprisonmentIf a breach of the Food Safety and Hygiene (Scotland) Regulations occurs because of something you did or failed to do, you can be prosecuted even if you were not the person who actually committed the breach. This means you may be held guilty of the same offence and face the same penalties as the primary offender.
Corporate liability for food‑safety offences
2 years imprisonmentIf your company breaches any of the Food Safety and Hygiene Regulations, and the breach is found to have been caused by the consent, connivance or neglect of a director, manager, secretary or anyone acting in that role, both the company and that individual are treated as guilty of the offence. They can be prosecuted and punished in the same way as if they had committed the breach themselves.
Disclose trade secret obtained during entry
2 years imprisonmentIf anyone reveals a trade secret that they learned when an authorised officer entered a premises under these regulations, they commit a criminal offence. The offence applies even if the person is not the officer and the disclosure is not part of their official duties. Conviction can lead to a fine and/or imprisonment, with the exact penalty set out elsewhere in the regulations.
Fail to comply with a hygiene improvement notice
2 years imprisonmentIf Food Standards Scotland serves you with a hygiene improvement notice and you do not carry out the required corrective actions within the time limit (at least 14 days), you commit a criminal offence. A conviction can lead to a fine and/or imprisonment, the exact amount or term being set by the court.
Fail to comply with bulk transport requirements for liquid oils, fats or raw sugar
2 years imprisonmentIf you transport liquid oils, fats or raw sugar by sea and do not follow the cleaning, documentation or refining rules set out in this Schedule, you are committing a criminal offence. The offence applies to any person responsible for the transport, including food business operators. Conviction can result in fines and/or imprisonment, although the exact penalties are specified elsewhere in the Regulations.
Fail to comply with remedial or detention notice
2 years imprisonmentIf Food Standards Scotland serves you a remedial action notice (telling you to stop using equipment, change a process or reduce operation) or a detention notice (requiring food or animals to be held for testing) and you do not follow it, you commit a criminal offence. You can be prosecuted and face a fine, imprisonment, or both, at the discretion of the court.
Fail to comply with specified Community food safety provisions
2 years imprisonmentIf you or your food business breaches any of the EU food‑safety rules that this Regulation refers to, you commit a criminal offence. On summary conviction you face a fine up to the statutory maximum (unlimited). On conviction on indictment you could be sentenced to up to two years’ imprisonment, an unlimited fine, or both.
Fail to label or keep records for farm‑direct poultry/lagomorph meat
2 years imprisonmentIf you sell poultry or rabbit meat that you have slaughtered on the farm without a label showing the farm’s name and address, or if you do not keep weekly records of the numbers received and meat dispatched and retain them for a year, you commit a criminal offence. A conviction can lead to a fine and/or imprisonment as the court sees fit.
Knowingly breach a hygiene emergency prohibition notice or order
Unlimited fineIf an authorised officer serves you a hygiene emergency prohibition notice (or the sheriff makes a prohibition order) you must stop the activity that the notice bans. Continuing that activity, knowing the notice or order is in force, is a criminal offence. Conviction can lead to imprisonment and an unlimited fine.
Obstruct food safety officers or provide false information
3 months imprisonmentIf you deliberately block a Food Standards Scotland officer, refuse to give them information they reasonably need, or deliberately give them false or misleading information, you commit a criminal offence. Conviction can result in a fine and/or imprisonment, and the matter may be taken to court.
Partner liable for partnership's food safety offence
2 years imprisonmentIf a Scottish partnership breaches any food‑safety rule and a partner either agrees with it, turns a blind eye, or neglects to stop it, that partner can be prosecuted as well. The partner will face the same penalties that apply to the partnership itself.
Penalties for non-compliance
14 penalties under this legislation. 13 can result in imprisonment. 13 carry an unlimited fine.
Implement and maintain a HACCP‑based food safety system and cooperate with authorities
Unlimited fine and/or 2 years imprisonment
Do not sell raw milk or raw cream for direct consumption
Unlimited fine and/or 2 years imprisonment
Breach a hygiene prohibition order
Unlimited fine and/or 2 years imprisonment
Cause another person to commit a food safety offence
Unlimited fine and/or 2 years imprisonment
Corporate liability for food‑safety offences
Unlimited fine and/or 2 years imprisonment
Disclose trade secret obtained during entry
Unlimited fine and/or 2 years imprisonment
Fail to comply with bulk transport requirements for liquid oils, fats or raw sugar
Unlimited fine and/or 2 years imprisonment
Fail to comply with remedial or detention notice
Unlimited fine and/or 2 years imprisonment
Fail to comply with specified Community food safety provisions
Unlimited fine and/or 2 years imprisonment
Fail to label or keep records for farm‑direct poultry/lagomorph meat
Unlimited fine and/or 2 years imprisonment
Obstruct food safety officers or provide false information
Unlimited fine and/or 3 months imprisonment
Partner liable for partnership's food safety offence
Unlimited fine and/or 2 years imprisonment
Fail to comply with a hygiene improvement notice
Fine up to £5,000 and/or 2 years imprisonment
Knowingly breach a hygiene emergency prohibition notice or order
Unlimited fine
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
49 classified provisions from this legislation.
Duties 4
Offences and penalties 12
- Schedule 5 Direct supply by the producer of small quantities of meat from poultry and lagomorphs slaughtered on the farm
- s.6 Hygiene improvement notices
- s.7 Hygiene prohibition orders
- s.8 Hygiene emergency prohibition notices and orders
- s.9 Remedial action notices and detention notices
- s.10 Offences due to fault of another person
- s.14 Powers of entry
- s.15 Obstruction etc. of officers
- s.17 Offences and penalties
- s.18 Offences by bodies corporate
- s.19 Offences by Scottish partnerships
- Schedule 3 Bulk transport in sea-going vessels of liquid oils or fats or of raw sugar
Powers 6
- s.12 Procurement of samples
- s.20 Right of appeal
- s.22 Appeals against hygiene improvement notices and remedial action notices
- s.25 Protection of officers acting in good faith
- s.26 Revocation and suspension of designations and appointments
- s.27 Food which has not been produced, processed or distributed in accordance with the Hygiene Regulations
Definitions 8
- Schedule 1 DEFINITIONS OF EU LEGISLATION Directive 2004/41 Regulation 178/2002 Regulation 852/2004
- s.2 Interpretation
- s.3 Presumptions that food is intended for human consumption
- s.4 Competent authority for the purposes of the Community Regulations
- Schedule 3A REQUIREMENTS REFERRED TO IN REGULATION 17(5) Community TSE Regulation
- Schedule 3B REQUIREMENTS REFERRED TO IN REGULATION 17(6)
- Schedule 3C REQUIREMENTS REFERRED TO IN REGULATION 17(7)
- Schedule 3D REQUIREMENTS REFERRED TO IN REGULATION 17(8)