Scottish Statutory Instrument SI 2006 Scotland

The Food Hygiene (Scotland) Regulations 2006

These Regulations, which extend to Scotland only, revoke and re-enact with changes the Food Hygiene (Scotland) Regulations 2005 (S.S.I. 2005/505).

Read it on legislation.gov.uk (opens in a new tab)
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 12 of 30 obligations carry up to 2 years imprisonment. 8 carry different penalties and 10 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person19 Operator4 Trader3 Director or Officer1 Manufacturer1

Plus 2 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2684 other Acts
Operator — also bound by 803 other Acts
Trader — also bound by 864 other Acts
Companies Act 2006 244 duties
Companies Act 1985 85 duties
Director or Officer — also bound by 482 other Acts
Companies Act 2006 126 duties
Manufacturer — also bound by 551 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

PRELIMINARY

0 of 5 sections shown
5 other sections in this Part — procedural and definitional
s.001 Citation, commencement and extent (opens in a new tab)
s.002 Interpretation (opens in a new tab)
s.003 Presumptions that food is intended for human consumption (opens in a new tab)
s.004 Competent authority for the purposes of the Community Regulations (opens in a new tab)
s.005 Enforcement (opens in a new tab)
Part 2

MAIN PROVISIONS

5 of 6 sections shown
s.006 Hygiene improvement notices (opens in a new tab) Imprisonment
  • Fail to comply with a hygiene improvement noticeAny Person
s.007 Hygiene prohibition orders (opens in a new tab) Imprisonment
  • Breach a hygiene prohibition orderAny Person
s.008 Hygiene emergency prohibition notices and orders (opens in a new tab) Prosecution
  • Knowingly breach a hygiene emergency prohibition notice or orderAny Person

Unlimited fine

s.009 Remedial action notices and detention notices (opens in a new tab) Imprisonment
  • Fail to comply with remedial or detention noticeAny Person
s.010 Offences due to fault of another person (opens in a new tab) Imprisonment
  • Cause another person to commit a food safety offenceAny Person
1 other section in this Part — procedural and definitional
s.011 Defence of due diligence (opens in a new tab)
Part 3

ADMINISTRATION AND ENFORCEMENT

6 of 12 sections shown
s.013 Analysis etc. of samples (opens in a new tab) Regulated
  • Enable food sampling and analysis by authorised officersTrader
Other duties (1) — Crown / regulator
  • Public analysts and food examiners must provide results of food samplesStatutory regulator
s.014 Powers of entry (opens in a new tab) Imprisonment
  • Disclose trade secret obtained during entryAny Person
s.015 Obstruction etc. of officers (opens in a new tab) Imprisonment
  • Obstruct food safety officers or provide false informationAny Person
s.017 Offences and penalties (opens in a new tab) Imprisonment
  • Fail to comply with specified Community food safety provisionsAny Person
s.018 Offences by bodies corporate (opens in a new tab) Imprisonment
  • Corporate liability for food‑safety offencesDirector or Officer
s.019 Offences by Scottish partnerships (opens in a new tab) Imprisonment
  • Partner liable for partnership's food safety offenceAny Person
6 other sections in this Part — procedural and definitional
s.012 Procurement of samples (opens in a new tab)
s.016 Time limit for commencement of prosecutions (opens in a new tab)
s.020 Right of appeal (opens in a new tab)
s.021 Appeal to Court of Session (opens in a new tab)
s.022 Appeals against hygiene improvement notices and remedial action notices (opens in a new tab)
s.023 Application of section 9 of the Food Safety Act 1990 (opens in a new tab)
Part 4

MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS

1 of 13 sections shown
s.024 Power to issue codes of recommended practice (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must follow and comply with food hygiene codes of practiceLocal authority
12 other sections in this Part — procedural and definitional
s.025 Protection of officers acting in good faith (opens in a new tab)
s.026 Revocation and suspension of designations and appointments (opens in a new tab)
s.027 Food which has not been produced, processed or distributed in accordance with the Hygiene Regulations (opens in a new tab)
s.028 Service of documents (opens in a new tab)
s.029 Bulk transport in sea–going vessels of liquid oils or fats and of raw sugar (opens in a new tab)
s.030 Temperature control requirements (opens in a new tab)
s.031 Direct supply by the producer of small quantities of meat from poultry and lagomorphs slaughtered on the farm (opens in a new tab)
s.032 Restrictions on the placing on the market of raw milk and raw cream intended for direct human consumption (opens in a new tab)
s.033 Consequential amendments (opens in a new tab)
s.034 Revocations (opens in a new tab)
s.035 Savings (opens in a new tab)
s.special health mark Special health mark
Schedules

Schedules

16 of 91 shown
s.005 Direct supply by the producer of small quantities of meat from poultry and lagomorphs slaughtered on the farm (opens in a new tab) Imprisonment
  • Fail to label or keep records for farm‑direct poultry/lagomorph meatAny Person
s.sch002 Specified Community provisions (opens in a new tab) Imprisonment
  • Implement and maintain a HACCP‑based food safety system and cooperate with authoritiesTrader
  • Maintain food hygiene standards and food safety management systemsOperator
s.sch003 Bulk transport in sea-going vessels of liquid oils or fats or of raw sugar (opens in a new tab) Imprisonment
  • Fail to comply with bulk transport requirements for liquid oils, fats or raw sugarAny Person
s.sch003 Offence Prosecution
  • Fail to comply with bulk transport food safety rulesAny Person

Unlimited fine

s.sch003 On request, a food business operator responsible for the transport... Regulated
  • Provide documentary evidence when enforcement authority requests itOperator
s.sch003 In fulfilling the obligations under Article 5(1) of Regulation 852/2004... Regulated
  • Treat cleaning process as critical control point for raw sugar sea transportOperator
s.sch003 A food business operator who is responsible for the transport... Regulated
  • Keep records of previous cargo and cleaning for raw sugar shipped by seaOperator
s.sch004 Chill and hot holding requirements Prosecution
  • Fail to keep food at safe temperaturesAny Person

Unlimited fine

s.sch004 Reheating of food Regulated
  • Reheat food below 82°CAny Person
s.sch005 Offence Regulated
  • Fail to comply with Schedule 5 food hygiene requirementsAny Person
s.sch005 Requirements Regulated
  • Label poultry and lagomorph meat with farm name and addressAny Person
s.sch005 The producer shall– (a) keep a record in adequate form... Regulated
  • Keep records of bird and lagomorph numbers and retain for 1 yearManufacturer
s.sch006 Restrictions on the placing on the market of raw milk and raw cream intended for direct human consumption (opens in a new tab) Imprisonment
  • Do not sell raw milk or raw cream for direct consumptionTrader
s.sch006 No person shall place on the market raw milk, or... Regulated
  • Do not sell raw milk or raw cream for direct human consumptionAny Person
s.sch006 Any person who contravenes paragraph 1 is guilty of an... Regulated
  • Place raw milk or raw cream on the marketAny Person
s.sch006 In any proceedings for an offence in respect of a... Regulated
  • Defence for exporting raw milk or creamAny Person
75 other schedules
s.001 DEFINITIONS OF EU LEGISLATION (opens in a new tab)
s.sch001 Schedule 1 para.wrapper1n1
s.sch003 The documentary evidence shall accompany the consignment of raw sugar...
s.sch003 Raw sugar which has been transported by sea in receptacles,...
s.sch003 Interpretation
s.sch003 Liquid oils or fats
s.sch003 The bulk transport in sea-going vessels of liquid oils or...
s.sch003 The captain of a sea-going vessel transporting, in tanks, bulk...
s.sch003 Where the cargo has been trans-shipped, in addition to the...
s.sch003 Upon request, the captain of the vessel shall provide the...
s.sch003 Raw sugar
s.sch003 The receptacles, containers or tankers referred to in paragraph 7...
s.sch003a REQUIREMENTS REFERRED TO IN REGULATION 17(5)
s.sch003b REQUIREMENTS REFERRED TO IN REGULATION 17(6)
s.sch003c REQUIREMENTS REFERRED TO IN REGULATION 17(7)
s.sch003d REQUIREMENTS REFERRED TO IN REGULATION 17(8)
s.sch004 Temperature control requirements (opens in a new tab)
s.sch004 Scope
s.sch004 Interpretation
s.sch005 Scope
s.sch006a THE SPECIAL HEALTH MARK
s.sch006a The special health mark shall consist of a square mark...
s.sch007 Consequential amendments (opens in a new tab)
s.sch007 The Colours in Food Regulations 1995
s.sch007 In regulation 10 (restriction on movement of animal by-products)–
s.sch007 In regulation 12 (enforcement)– (a) in paragraph (a), for “in...
s.sch007 The Food Labelling Regulations 1996
s.sch007 In regulation 2 (interpretation), omit the definition of “raw milk”....
s.sch007 In each of regulations 23(2)(b) (food which is not prepacked...
s.sch007 Omit regulation 31 (raw milk).
s.sch007 In regulation 37 (milk)– (a) in paragraph (1), omit “Subject...
s.sch007 In regulation 39 (field of vision), omit paragraph (d).
s.sch007 In Schedule 3 (generic names in list of ingredients), Part...
s.sch007 The Products of Animal Origin (Import and Export) Regulations 1996
s.sch007 The Animal By-Products (Identification) Regulations 1995
s.sch007 The Specified Risk Material Order 1997
s.sch007 In article 2(1) (interpretation) after the definition of “specified solid...
s.sch007 In Schedule 1 (foods and feeding stuffs requiring import certificates)–...
s.sch007 The Beef Bones (Scotland) Regulations 1999
s.sch007 In regulation 2(1) (interpretation)– (a) after the definition of “carcase”,...
s.sch007 In regulation 10 (enforcement)– (a) for paragraph (1) substitute–
s.sch007 Amendments to the Cattle Identification Regulations 1998
s.sch007 In regulation 2(1), for the definition of “official veterinary surgeon”...
s.sch007 In regulation 2(1) after the definition of “official veterinary surgeon”...
s.sch007 In regulation 2(1), in the definition of “licensed slaughterhouse”, for...
s.sch007 In regulation 2(1) (interpretation)– (a) for the definition of “animal...
s.sch007 The Bovine and Bovine Products (Trade) Regulations 1999
s.sch007 In regulation 10(3) for sub-paragraph (a) substitute “ (a) the...
s.sch007 In regulation 10(3)(b) for “in the OVS room (as defined...
s.sch007 In regulation 10 after paragraph 6 insert–
s.sch007 In regulation 11(2)(a) for “the Fresh Meat (Hygiene and Inspection)...
s.sch007 The TSE (Scotland) Regulations 2002
s.sch007 In regulation 3(1) (interpretation)– (a) after the definition of “The...
s.sch007 In regulation 43(1)(c), for “the Fresh Meat (Hygiene and Inspection)...
s.sch007 In regulation 55(4)(a) (licensing of premises), for “cutting premises” substitute...
s.sch007 In regulations 4(3), 10A(1) and (3), 41(3)(a) and (c) and...
s.sch007 In regulation 3(1)(iv) (meaning of “animal by product”) for “in...
s.sch007 For regulation 49 (mechanically recovered meat) substitute– Mechanically separated meat...
s.sch007 In regulations 81(1), 88(2) and 89(1), for “premises licensed under...
s.sch007 In regulation 99 (enforcement), for paragraph (1) substitute–
s.sch007 The Condensed Milk and Dried Milk (Scotland) Regulations 2003 (2003/311)
s.sch007 The Animal By-Products (Scotland) Regulations 2003
s.sch007 The Eggs (Marketing Standards) (Enforcement) Scotland Regulations 2005
s.sch007 The Official Feed and Food Control (Scotland) Regulations 2005
s.sch007 In regulation 2(1), for “and “Regulation 1688/2005”” substitute “, “...
s.sch007 In regulation 15, for “the staff” substitute “ a member...
s.sch007 In regulation 43(2)(a), for “a 7 days” substitute “ a...
s.sch007 In regulation 4(a) (scope) for “in accordance with the Poultry...
s.sch007 In regulations 4(5) and (6) and 13(7), Schedule 2, paragraph...
s.sch007 For the definitions contained in Schedule 1, substitute– “Directive 2004/41”...
s.sch007 In regulation 5(2)(c) (exemptions) for the words “cold store, cutting...
s.sch007 For regulation 6 (staining of animal by-products in cold stores,...
s.sch007 For regulation 8 (freezing of animal by-products in any animal...
s.sch007 In regulation 9 (storage and packaging of animal by-products)–
s.sch008 Revocations (opens in a new tab)

Help complying

Guvnor’s practical routes through this instrument.

Meet food safety requirements for your business

Register, implement HACCP, and comply with food safety law including allergen requirements

Respond to a food safety incident

Immediate steps when unsafe food is discovered or a customer reports illness. Stop selling, withdraw the product, notify the FSA, and cooperate …

Start a food business for the first time

Everything you need to do before opening a food business. Covers registration, premises, HACCP, training, allergens, labelling, and preparing for your first …

Food safety quick compliance check

A quick compliance check for food business operators. Covers registration, HACCP, allergens, temperature control, training, and record keeping.

Improve your food hygiene rating

Practical steps to improve a poor food hygiene rating. Understand what inspectors scored, fix the issues, and request a re-inspection.
5 more guides that reference this instrument
Control food temperatures safely Food safety requirements in Scotland Prepare for a food hygiene inspection Set up a HACCP-based food safety system Train your staff in food safety

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.