UK Statutory Instrument 2013 United Kingdom

Food Safety and Hygiene (England) Regulations 2013

What this means for your business

14 obligations
13 penalties
12 can imprison
16 guides
Enforced by
FSA, DEFRA
Applies to
United Kingdom
On this page
14 compliance obligations, 16 practical guides across 2 topics
Read full text on legislation.gov.uk

What you must do

14 compliance obligations under this legislation — 12 can result in imprisonment.

Management duties 1

Comply with all food safety, hygiene and labelling requirements

If you run a food business you must make sure that every part of your operation meets the food‑law rules that have been incorporated from EU regulations. This covers keeping food safe, correctly labelled, traceable, and hygienic, having HACCP plans, keeping records, cooperating with inspectors, and meeting any export, import or approval conditions. Failure to do so can lead to criminal prosecution.

Trader/Business Schedule 2 FSA

Offences and prohibitions 13

Breach bulk sea‑transport requirements for oils/fats or raw sugar

2 years imprisonment

If you transport liquid oils, fats or raw sugar by sea and do not follow the cleaning, documentation and labelling rules set out in this schedule, you commit a criminal offence. A breach can lead to prosecution, with the possibility of an unlimited fine and, for the most serious cases, imprisonment.

Any Person Schedule 3 FSA

Cause another person to commit a food safety offence

2 years imprisonment

If a breach of the Food Safety and Hygiene Regulations occurs because of something you did or failed to do, you can be prosecuted even though you were not the person who actually carried out the breach. The law treats you as equally liable, so you face the same penalties that apply to the primary offender.

Any Person s.11 FSA

Contravene a hygiene prohibition order

2 years imprisonment

If a court has issued a hygiene prohibition order against your food business – for example banning a specific process, piece of equipment or the use of premises – and you knowingly continue to use it, you are committing a criminal offence. Breaching the order can lead to prosecution, with the court deciding any fine, imprisonment or other sanctions.

Any Person s.7 FSA

Corporate and officer liability for food safety offences

2 years imprisonment

If your food business commits an offence under the Food Safety and Hygiene (England) Regulations and that breach was done with the consent, connivance or neglect of a director, manager, secretary or any similar officer, both the company and that individual can be prosecuted. They will face the same penalty that applies to the underlying food‑safety offence.

Director/Officer s.20 FSA

Disclose trade secret information obtained during inspection

2 years imprisonment

If you (or any person) enter a food premises under the powers granted by the Food Safety and Hygiene Regulations and then tell anyone else about a trade‑secret you learned there, you commit a criminal offence unless the disclosure is part of your official duties. A conviction can lead to a fine, imprisonment, or both, depending on how the offence is later sentenced. The exact penalties are set out elsewhere in the regulations.

Any Person s.16 FSA

Fail to comply with a detention notice

2 years imprisonment

If a food safety officer serves you with a written detention notice requiring you to hold an animal or food for examination and you do not follow it, you commit a criminal offence. Conviction can lead to a fine (potentially unlimited) and/or imprisonment, depending on the court.

Any Person s.10 FSA

Fail to comply with a hygiene improvement notice

2 years imprisonment

If an authorised officer (e.g. a local authority environmental health officer) serves you with a hygiene improvement notice that tells you what you must do to meet the hygiene regulations and you do not carry out those actions within the time specified (at least 14 days), you commit a criminal offence. On conviction you can be fined (unlimited) and may face imprisonment, depending on how the court decides the case.

Any Person s.6 FSA

Fail to comply with a remedial action notice

Unlimited fine

If a local authority or the Food Standards Agency serves you with a remedial action notice – for example ordering you to stop using equipment, change a process or shut down part of your premises – and you do not follow the notice, you are committing a criminal offence. Conviction can lead to a fine (potentially unlimited) and, in more serious cases, imprisonment. The offence applies to the food business operator or anyone acting on their behalf who ignores the notice.

Any Person s.9 FSA

Fail to comply with EU food‑safety provisions

2 years imprisonment

If you (or your business) do not follow the EU food‑safety rules that are set out in the regulations, you commit a criminal offence. On conviction you can be fined – the fine is unlimited – and, if tried in the Crown Court, you can also be sentenced to up to two years’ imprisonment (or both). The offence applies to any person who is responsible for the food business.

Any Person s.19 FSA

Fail to keep required records of farm‑slaughtered meat

2 years imprisonment

If you supply small amounts of poultry or rabbit meat that you have slaughtered on your farm, you must keep a weekly record of how many birds or lagomorphs you receive and how much fresh meat you dispatch, keep that record for one year, and show it to an authorised officer on request. Failing to do any of this is a criminal offence. A conviction can result in a fine and, in more serious cases, imprisonment, although the exact penalties are set elsewhere in the Regulations.

Any Person Schedule 5 FSA

Import or sell sprouts/seeds without required certification

2 years imprisonment

If you import into England or put on the market any sprouts or seeds intended for sprouting that do not meet the certification requirements set out in EU Regulation 211/2013, you commit a criminal offence. Conviction can lead to a fine and/or imprisonment, the exact limits being set in the linked offences and penalties regulation.

Any Person s.37 FSA

Obstruct or mislead food safety enforcement officer

3 months imprisonment

If you intentionally block an environmental health officer or the Food Standards Agency from carrying out their duties, or refuse to give them information they reasonably need, you commit an offence. Providing false or misleading information to them is also an offence. Conviction can lead to a criminal fine and/or imprisonment, depending on how the court classifies the offence.

Any Person s.17 FSA

Partner liable for partnership food safety offence

2 years imprisonment

If a Scottish partnership breaches any food‑safety regulation and a partner either consented to, turned a blind eye to, or neglected to stop the breach, that partner is treated as having committed the same offence as the partnership. The partner can then be prosecuted and punished just like the partnership itself.

Any Person s.21 FSA

Penalties for non-compliance

13 penalties under this legislation. 12 can result in imprisonment. 13 carry an unlimited fine.

Prison risk

Breach bulk sea‑transport requirements for oils/fats or raw sugar

Unlimited fine and/or 2 years imprisonment

Either way Schedule 3 Penalises: Breach bulk sea‑transport requirements for oils/fats or raw …
Prison risk

Cause another person to commit a food safety offence

Unlimited fine and/or 2 years imprisonment

Either way s.11 Penalises: Cause another person to commit a food safety …
Prison risk

Contravene a hygiene prohibition order

Unlimited fine and/or 2 years imprisonment

Either way s.7 Penalises: Contravene a hygiene prohibition order
Prison risk

Corporate and officer liability for food safety offences

Unlimited fine and/or 2 years imprisonment

Either way s.20 Penalises: Corporate and officer liability for food safety offences
Prison risk

Disclose trade secret information obtained during inspection

Unlimited fine and/or 2 years imprisonment

Either way s.16 Penalises: Disclose trade secret information obtained during inspection
Prison risk

Fail to comply with a detention notice

Unlimited fine and/or 2 years imprisonment

Either way s.10 Penalises: Fail to comply with a detention notice
Prison risk

Fail to comply with a hygiene improvement notice

Unlimited fine and/or 2 years imprisonment

Either way s.6 Penalises: Fail to comply with a hygiene improvement notice
Prison risk

Fail to comply with EU food‑safety provisions

Unlimited fine and/or 2 years imprisonment

Either way s.19 Penalises: Fail to comply with EU food‑safety provisions
Prison risk

Fail to keep required records of farm‑slaughtered meat

Unlimited fine and/or 2 years imprisonment

Either way Schedule 5 Penalises: Fail to keep required records of farm‑slaughtered meat
Prison risk

Import or sell sprouts/seeds without required certification

Unlimited fine and/or 2 years imprisonment

Either way s.37 Penalises: Import or sell sprouts/seeds without required certification
Prison risk

Obstruct or mislead food safety enforcement officer

Unlimited fine and/or 3 months imprisonment

Summary only s.17 Penalises: Obstruct or mislead food safety enforcement officer
Prison risk

Partner liable for partnership food safety offence

Unlimited fine and/or 2 years imprisonment

Either way s.21 Penalises: Partner liable for partnership food safety offence
Unlimited fine

Fail to comply with a remedial action notice

Unlimited fine

Either way s.9 Penalises: Fail to comply with a remedial action notice

Practical guidance

Our guides explain how to comply with the requirements above.

Sector-Specific 14

Register and run a food business

How to register your food business with your local authority, meet food hygiene requirements, and achieve a good …

Food safety management systems and HACCP

Implement HACCP-based food safety management procedures and comply with food hygiene regulations.

Brewery licensing and compliance

Complete licensing, registration, and duty requirements for operating a brewery in the UK, including APPA registration, food safety, …

Food and drink business licensing and compliance

Navigate the complete range of licences, registrations, certifications, and consents required for food and drink businesses across production, …

Food Safety for Childcare Providers

Food safety and nutrition requirements for childcare settings, including food business registration, allergen management, HACCP systems, and Ofsted …

Food business registration

Register your food business with your local authority before starting operations.

Food hygiene and HACCP

Implement food safety management procedures based on HACCP principles.

Food Hygiene Rating Scheme

Understand the Food Hygiene Rating Scheme and display your rating.

Set up and run a compliant farm shop

How to register, comply with food safety, and handle VAT when selling produce directly from your farm. Covers …

Set up food premises that meet hygiene standards

How to set up food premises that meet the legal hygiene standards under Regulation (EC) 852/2004. Covers layout, …

Control food temperatures safely

Keep food at safe temperatures throughout storage, cooking, holding, cooling, and reheating to prevent harmful bacterial growth and …

Food safety training for your staff

Food hygiene certificates are not a legal requirement -- UK law requires competency, not certificates. This guide explains …

Food safety compliance checklist

Quick verification checklist for food business operators. Covers registration, HACCP, temperature control, allergens, training, record keeping, and premises …

Prepare for a food hygiene inspection

Use this checklist to prepare your food business for an environmental health inspection. Covers the three areas inspectors …

Sections and provisions

41 classified provisions from this legislation.

Duties 3

  • Schedule 2 Specified EU provisions
  • s.15 Analysis etc. of samples
  • s.41 Review

Offences and penalties 13

  • Schedule 3 Bulk transport in sea-going vessels of liquid oils or fats and the bulk transport by sea of raw sugar
  • Schedule 5 Direct supply by the producer of small quantities of meat from poultry or lagomorphs slaughtered on the farm
  • s.6 Hygiene improvement notices
  • s.7 Hygiene prohibition orders
  • s.9 Remedial action notices
  • s.10 Detention notices
  • s.11 Offences due to the fault of another person
  • s.16 Powers of entry
  • s.17 Obstruction etc. of officers
  • s.19 Offences and penalties
  • s.20 Offences by bodies corporate
  • s.21 Offences by Scottish partnerships
  • s.37 Amendments to the Official Feed and Food Controls (England) Regulations 2009

Powers 6

  • s.14 Procurement of samples
  • s.22 Right of appeal
  • s.24 Appeals against hygiene improvement notices and remedial action notices
  • s.26 Power to issue codes of recommended practice
  • s.27 Protection of officers acting in good faith
  • s.28 Revocation and suspension of designations and appointments

Definitions 2

  • Schedule 1 DEFINITIONS OF LEGISLATION Directive 2004/41 Regulation 178/2002 Regulation 852/2004
  • s.4 Competent authorities

Exemptions 1

  • s.12 Defence of due diligence