Welsh Statutory Instrument SI 2006 Wales

Food Hygiene (Wales) Regulations 2006

These Regulations revoke and re-enact with changes the Food Hygiene (Wales) Regulations 2005 (S.I. 2005/3292 (W.252)). The Food Hygiene (Wales) Regulations 2005 provided for the execution and enforcement in relation to Wales of certain Community instruments, referred to in those Regulations as “the Community Regulations”. The Community instruments in question …

Enforced by
FSA
Status
In Force
Penalty ceiling
Imprisonment 13 of 43 obligations carry up to 2 years imprisonment. 8 carry different penalties and 22 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person26 Operator5 Trader3 Director or Officer3 Manufacturer2 Distributor1 Employee1

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
Trader — also bound by 825 other Acts
Director or Officer — also bound by 429 other Acts
Manufacturer — also bound by 502 other Acts
Distributor — also bound by 182 other Acts
Employee — also bound by 189 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 Title, commencement and application
s.002 Interpretation
s.004 Competent authority
s.005 Enforcement
Part 2

MAIN PROVISIONS

4 of 6 sections shown
s.007 Hygiene prohibition orders (opens in a new tab) Imprisonment
  • Knowingly breach a hygiene prohibition orderAny Person
s.008 Hygiene emergency prohibition notices and orders (opens in a new tab) Imprisonment
  • Breach of a hygiene emergency prohibition notice or orderAny Person
s.009 Remedial action notices and detention notices (opens in a new tab) Imprisonment
  • Fail to comply with a remedial action 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 hygiene offenceAny Person
  • Expose a business to prosecution through your own fault or negligenceAny Person
2 other sections in this Part — procedural and definitional
s.006 Hygiene improvement notices
Part 3

ADMINISTRATION AND ENFORCEMENT

6 of 12 sections shown
s.013 Analysis etc. of samples (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Public analysts and food examiners must test samples and provide certificatesStatutory regulator
s.014 Powers of entry (opens in a new tab) Imprisonment
  • Improper disclosure of trade secretsDirector or Officer
s.015 Obstruction etc. of officers (opens in a new tab) Imprisonment
  • Obstructing or failing to cooperate with food hygiene officersAny Person
  • Obstruct or hinder food hygiene officersAny Person
s.017 Offences and penalties (opens in a new tab) Imprisonment
  • Fail to comply with general food hygiene regulationsAny Person
  • Fail to comply with specified Community food‑hygiene provisionsAny Person
s.018 Offences by bodies corporate (opens in a new tab) Imprisonment
  • Corporate liability for food hygiene offencesDirector or Officer
  • Director and officer liability for food hygiene offencesDirector or Officer
s.019 Offences by Scottish partnerships (opens in a new tab) Imprisonment
  • Negligence or honeyed consent by a partner in a Scottish partnershipAny Person
  • Partner liable for partnership food‑hygiene offenceAny Person
6 other sections in this Part — procedural and definitional
Part 4

MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS

1 of 12 sections shown
Schedules

Schedules

25 of 69 shown
s.002 SPECIFIED COMMUNITY PROVISIONS (opens in a new tab) Imprisonment
  • Implement food safety management procedures based on HACCP principlesOperator
s.004 TEMPERATURE CONTROL REQUIREMENTS (opens in a new tab) Imprisonment
  • Keep high-risk foods at or below 8°C (Chill Holding)Any Person
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
  • Breach of hygiene rules for farm-slaughtered poultry or rabbit meatAny Person
  • Fail to meet labelling and record‑keeping for farm‑direct meat salesAny Person
s.006 RESTRICTIONS ON THE SALE OF RAW MILK INTENDED FOR DIRECT HUMAN CONSUMPTION (opens in a new tab) Imprisonment
  • Sell raw milk that fails to meet safety standardsAny Person
  • Unlawful sale of raw milk in WalesAny Person
s.sch003 Offence Regulated
  • Fail to comply with Schedule 3 requirementsAny Person
s.sch003 The documentary evidence must accompany the consignment of raw sugar... Regulated
  • Retain documentary evidence for raw sugar consignmentsManufacturer
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 critical control point and check previous cargo for raw sugar sea transportOperator
s.sch003 The captain of a sea-going vessel transporting, in tanks, bulk... Regulated
  • Keep records of previous cargoes and cleaning for bulk liquid oils/fatsAny Person
s.sch003 Where the cargo has been trans-shipped, in addition to the... Regulated
  • Keep records proving previous cargo was transported and tanks cleaned properlyAny Person
s.sch003 Upon request, the captain of the vessel must provide the... Regulated
  • Provide documentary evidence of bulk cargo on requestEmployee
s.sch003 The receptacles, containers or tankers referred to in paragraph 7... Regulated
  • Clean and inspect transport containers before loading raw sugarOperator
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 holding requirements Regulated
  • Fail to keep food at safe chill holding temperature (including mail order)Any Person
s.sch004 Upward variation of the 8°C temperature by manufacturers etc. Regulated
  • Do not recommend a higher storage temperature without scientific evidenceTrader
s.sch004 Hot holding requirements Regulated
  • Keep hot food below 63°CAny Person
s.sch005 Requirements Regulated
  • Label meat correctly and keep weekly production recordsManufacturer
s.sch005 Offence Regulated
  • Fail to comply with Schedule 5 requirementsAny Person
s.sch006 Any person who sells raw milk intended for direct human... Regulated
  • Sell raw milk for direct human consumption without complying with requirementsAny Person
s.sch006 Any person who sells raw milk in contravention of paragraph... Prosecution
  • Sell raw milk in breach of regulationsAny Person

Unlimited fine

s.sch006 Any person who sells raw milk in contravention of paragraph... Regulated
  • Sell raw milk in breach of regulationsAny Person
s.sch006 (1) If any person other than the occupier of a... Regulated
  • Sell raw cows' milk for direct human consumption illegallyAny Person
s.sch006 A distributor may only sell raw cows' milk intended for... Regulated
  • Sell raw cows' milk only in original sealed containers from a registered vehicleDistributor
s.sch006 Except in cases to which paragraph 7B applies, the container... Regulated
  • Label raw milk containers with the required health warningTrader
s.sch006 In the case of any raw milk which is not... Regulated
  • Display statutory warning when selling unpasteurised raw milk at a catering businessTrader
44 other schedules
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 Raw sugar
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 Scope
s.sch004 General exemptions from the chill holding requirements
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 In addition to the English text that must be included...
s.sch006 In addition to the English text that must be included...
s.sch006 Nothing in this Schedule prevents the following being marked or...
s.sch006 In this Schedule— “catering establishment” (“ sefydliad arlwyo ”) means...
s.sch006a THE SPECIAL HEALTH MARK
s.sch006a The special health mark must consist of a square mark...
s.sch006a When applied to carcases, the special health mark must measure...
s.sch007 The Colours in Food Regulations 1995
s.sch007 In regulation 10 (restriction on movement of animal by-products)—
s.sch007 In paragraph (1) of regulation 12 (enforcement)—
s.sch007 The Food Labelling Regulations 1996
s.sch007 In Schedule 3 (generic names in list of ingredients) in...
s.sch007 The words are “(g) the product obtained by removing the...
s.sch007 The Beef Bones Regulations 1997
s.sch007 In paragraph (1) of regulation 2 (interpretation)—
s.sch007 In regulation 12 (enforcement)— (a) for paragraph (1) there is...
s.sch007 In regulation 4 (health marking etc. of certain meat and...
s.sch007 The Animal By-Products (Identification) Regulations 1995
s.sch007 In paragraph (1) of regulation 2 (interpretation) —
s.sch007 In paragraph (a) of regulation 4 (scope) for the words...
s.sch007 In paragraph (2)(c) of regulation 5 (exemptions) for the words...
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)—

Help complying

Guvnor’s practical routes through this instrument.

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.

Quick check: running a food business in Wales

Quick compliance check for Wales-specific food business obligations. Covers mandatory hygiene ratings, food waste separation, registration, and environmental permits.

Respond to a poor food hygiene rating in Wales

Respond to food safety enforcement action in Wales

What to do if your food business in Wales receives an improvement notice, prohibition order, or prosecution. Covers your rights, response deadlines, …

Understand your food hygiene rating obligations in Wales

Start a food business in Wales

Get approved food establishment status in Wales

How to apply for approved establishment status through FSA Wales for businesses processing meat, dairy, fish, or egg products. Covers the application …

How food safety enforcement works in Wales

How food safety is enforced in Wales, including the role of the Food Standards Agency Wales and local authority environmental health officers. …

Register a food business in Wales

How to register a food business with one of the 22 Welsh local authorities. Covers the Welsh-specific registration process, bilingual forms, what …

Starting a food business in Wales: what you need to know

Overview of what makes starting a food business in Wales different from the rest of the UK. Covers the mandatory Food Hygiene …

Wales food business compliance checklist

Quick verification checklist for Wales-specific food business obligations. Covers local authority registration, mandatory food hygiene rating display, food waste separation, Natural Resources …

1 more guide that reference this instrument

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