UK Statutory Instrument SI 2013 England

Food Safety and Hygiene (England) Regulations 2013

These Regulations revoke and re-enact with some minor changes the Food Hygiene (England) Regulations 2006 (S.I. 2006/14) and certain provisions of the General Food Regulations 2004 (S.I. 2004/3279) as they apply in relation to England. These Regulations provide for the execution and enforcement in England of Regulation (EC) No. 178/2002 …

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
Local Authority, FSA, DEFRA
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 11 of 31 obligations carry up to 2 years imprisonment. 9 carry different penalties and 11 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person19 Operator4 Occupier2 Trader1 Distributor1 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 2340 other Acts
Operator — also bound by 746 other Acts
Occupier — also bound by 235 other Acts
Highways Act 1980 23 duties
Trader — also bound by 825 other Acts
Companies Act 2006 243 duties
Companies Act 1985 85 duties
Distributor — also bound by 182 other Acts
Director or Officer — also bound by 429 other Acts
Companies Act 2006 126 duties
Manufacturer — also bound by 502 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.

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
  • Contravene a hygiene prohibition orderAny Person
s.009 Remedial action notices (opens in a new tab) Prosecution
  • Fail to comply with a remedial action noticeAny Person

Unlimited fine

s.010 Detention notices (opens in a new tab) Imprisonment
  • Fail to comply with a detention noticeAny Person
s.011 Offences due to the fault of another person (opens in a new tab) Imprisonment
  • Cause another person to commit a food safety offenceAny Person
s.015 Analysis etc. of samples (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Public analysts and examiners must test samples and provide certificatesStatutory regulator
s.016 Powers of entry (opens in a new tab) Imprisonment
  • Disclose trade secret information obtained during inspectionAny Person
s.017 Obstruction etc. of officers (opens in a new tab) Imprisonment
  • Obstruct or mislead food safety enforcement officerAny Person
s.019 Offences and penalties (opens in a new tab) Imprisonment
  • Fail to comply with EU food‑safety provisionsAny Person
s.020 Offences by bodies corporate (opens in a new tab) Imprisonment
  • Corporate and officer liability for food safety offencesDirector or Officer
s.021 Offences by Scottish partnerships (opens in a new tab) Imprisonment
  • Partner liable for partnership food safety offenceAny Person
s.037 Amendments to the Official Feed and Food Controls (England) Regulations 2009 (opens in a new tab) Imprisonment
  • Import or sell sprouts/seeds without required certificationAny Person
s.041 Review (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • FSA must review food hygiene regulations every five yearsStatutory regulator
29 other provisions — procedural and definitional
s.001 Title, application, commencement and extent
s.001 The requirements are that — (a) on 31st December 2005... (opens in a new tab)
s.002 Interpretation
s.003 Presumptions that food is intended for human consumption
s.004 Competent authorities (opens in a new tab)
s.005 Enforcement authorities
s.008 Hygiene emergency prohibition notices and orders
s.012 Defence of due diligence (opens in a new tab)
s.013 Defence in relation to exports (opens in a new tab)
s.014 Procurement of samples (opens in a new tab)
s.018 Time limit for prosecutions (opens in a new tab)
s.022 Right of appeal (opens in a new tab)
s.023 Appeals to the Crown Court (opens in a new tab)
s.024 Appeals against hygiene improvement notices and remedial action notices (opens in a new tab)
s.025 Application of section 9 of the Food Safety Act 1990 (opens in a new tab)
s.026 Power to issue codes of recommended practice (opens in a new tab)
s.027 Protection of officers acting in good faith (opens in a new tab)
s.028 Revocation and suspension of designations and appointments (opens in a new tab)
s.029 Food which has not been produced, processed or distributed in accordance with the Hygiene Regulations (opens in a new tab)
s.030 Service of documents (opens in a new tab)
s.031 Bulk transport in sea-going vessels of liquid oils or fats and the bulk transport by sea of raw sugar (opens in a new tab)
s.032 Temperature control requirements (opens in a new tab)
s.033 Direct supply by the producer of small quantities of meat from poultry or lagomorphs slaughtered on the farm (opens in a new tab)
s.034 Restrictions on the sale of raw milk intended for direct human consumption (opens in a new tab)
s.035 Special health mark (opens in a new tab)
s.036 Consequential amendment to the Act (opens in a new tab)
s.038 Consequential amendments to the Animal By-Products (Enforcement) (England) Regulations 2013 (opens in a new tab)
s.039 Consequential amendment to the Trade in Animals and Related Products Regulations 2011 (opens in a new tab)
s.040 Revocations (opens in a new tab)
Schedules

Schedules

18 of 46 shown
s.002 Specified EU provisions (opens in a new tab) Regulated
  • Maintain food safety, hygiene, and traceability standardsOperator
s.003 Bulk transport in sea-going vessels of liquid oils or fats and the bulk transport by sea of raw sugar (opens in a new tab) Imprisonment
  • Breach bulk sea‑transport requirements for oils/fats or raw sugarAny Person
s.005 Direct supply by the producer of small quantities of meat from poultry or lagomorphs slaughtered on the farm (opens in a new tab) Imprisonment
  • Fail to keep required records of farm‑slaughtered meatAny Person
s.sch003 Offence Regulated
  • Fail to comply with food hygiene requirements in Schedule 3Any Person
s.sch003 On request, a food business operator responsible for the transport... Regulated
  • Provide documentary evidence to enforcement authority on requestOperator
s.sch003 In fulfilling the obligations under Article 5(1) of Regulation 852/2004... Regulated
  • Treat cleaning as a critical control point and consider previous cargo 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 sea transportOperator
s.sch004 Chill holding requirements Regulated
  • Keep chill foods at safe temperatures to prevent bacterial growthAny Person
s.sch004 Hot holding requirements Prosecution
  • Fail to keep hot food at required temperatureAny Person

Unlimited fine

s.sch005 Requirements Regulated
  • Label meat with farm name and keep weekly recordsManufacturer
s.sch005 Offence Prosecution
  • Fail to comply with Schedule 5 requirementsAny Person

Unlimited fine

s.sch006 Any person who sells raw milk intended for direct human... Regulated
  • Sell raw milk without authorisationAny Person
s.sch006 Any person who sells raw milk in contravention of paragraph... Regulated
  • Sell raw milk in breach of regulationsAny Person
s.sch006 Any person who sells raw milk in contravention of paragraph... Prosecution
  • Sell raw milk illegallyAny Person

Unlimited fine

s.sch006 (1) Any person, other than the occupier of a production... Regulated
  • Sell raw cows' milk for direct human consumption illegallyOccupier
s.sch006 A distributor may only sell raw cows' milk intended for... Regulated
  • Sell raw cows' milk only under strictly controlled conditionsDistributor
s.sch006 Subject to paragraph 7C, and except in cases to which... Regulated
  • Label raw milk containers with mandatory health warningTrader
s.sch006 Subject to paragraph 7C, in the case of any raw... Regulated
  • Display warning notice for non-prepacked raw milk sold at a catering establishmentOccupier
28 other schedules
s.001 DEFINITIONS OF LEGISLATION (opens in a new tab)
s.008 The Special Health Mark (opens in a new tab)
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.sch004 Scope
s.sch004 General exemptions from the chill holding requirements
s.sch004 Upward variation of the 8 degrees centigrade temperature by manufacturers etc.
s.sch004 Chill holding tolerance periods
s.sch004 Hot holding defences
s.sch004 Interpretation
s.sch005 Scope
s.sch006 The occupier of a production holding may only sell raw...
s.sch006 The raw milk must meet the following standards: Plate count...
s.sch006 In the case where farm premises are being used for...
s.sch006 In any case where the Agency carries out sampling, analysis...
s.sch006 The provisions of paragraphs 7A and 7B do not apply...
s.sch006 In this Schedule — “catering establishment” means a restaurant, canteen,...
s.sch007 For the purposes of this Part the “EU TSE Regulation”...
s.sch008 The special health mark shall consist of a square mark...
s.sch008 When applied to carcases, the special health mark shall measure...

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.

Start a brewery or distillery

Launch a brewery, distillery, winery, or cidery in the UK

Control food temperatures safely

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

Prepare for a food hygiene inspection

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

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, surfaces, ventilation, handwashing, storage, …
20 more guides that reference this instrument
Brewery licensing and compliance Business licences by activity type Food Hygiene Rating Scheme Food Safety for Childcare Providers Food and drink business licensing and compliance Food and drink manufacturer: compliance checklist Food business registration Food hygiene and HACCP Food safety compliance checklist Food safety management systems and HACCP Food safety training for your staff Get your animal-origin establishment approved: meat, poultry, fish and dairy Meet food composition, contaminant and labelling controls Meet your aquaculture and freshwater fishing duties Penalties for trading without required approvals Register and run a food business Register and run a safe food and drink manufacturing business Set up and run a compliant farm shop Which food and drink manufacturing regulations apply to your business Get approved food establishment status in Wales

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