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As part of our commitment to continually improve our service and to help our clients meet their legal obligations, we continue to update the Legal Registers on our website and provide free quarterly legal compliance updates to anyone who subscribes. The purpose of these updates is to ensure you stay up to date with any changes in your legal compliance obligations, our updates can also be kept and can be used as evidence that your business is staying up to date with any changes in the legislation, this can be very helpful at audit time.
The Food Hygiene Regulations 2013 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 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ No L31, 1.2.2002, p.1), as read with Commission Implementing Regulation (EU) No 931/2011 on the traceability requirements set by Regulation (EC) No 178/2002 of the European Parliament and of the Council for food of animal origin (OJ No. L242, 20.9.2011, p.2), and with Commission Implementing Regulation (EU) No 208/2013 on traceability requirements for sprouts and seeds intended for the production of sprouts (OJ No. L68, 12.3.2013, p.16), (“Regulation 178/2002”).
These Regulations also provide for the execution and enforcement of a number of EU instruments defined (in regulation 2(1) as read with Schedule 1) as “the EU Hygiene Regulations”.
The Regulations set legal obligations that all food-related businesses are to ensure that the food that they prepare and serve is done so in a safe and hygienic manner. The regulations also make it an offence for businesses to supply food which is not safe to be eaten and is potentially harmful to the health of customers.
According to the Food Hygiene Regulations, all businesses have a duty of care to make sure food is prepared and stored hygienically, and a breach of this duty is likely to lead to negligence claims like food poisoning compensation claims.
Food business activities are classed as any process dealing with preparing or selling food.
This includes:
1. manufacturing - handling, preparation, processing, packaging
2. distribution - storage, transportation, selling and supplying.
All food products must be traceable from farm to fork.
Supported by European Regulation 852/2004, the regulations affect anyone who owns, manages or works in a food business
Food Hygiene Ratings
Food Hygiene Sticker
3. Sub-paragraphs(1) and (3) of paragraph 2 shall not apply in relation to —
(a) food which —
(i) has been cooked or reheated,
(ii) is for service or on display for sale, and
(iii) needs to be kept at or above 63°C in order to control the growth of pathogenic micro-organisms or the formation of toxins;
(b) food which, for the duration of its shelf life may be kept at ambient temperatures with no risk to health;
(c) food which is being or has been subjected to a process such as dehydration or canning intended to prevent the growth of pathogenic micro-organisms at ambient temperatures, but not where—
(i) after or by virtue of that process the food was contained in a hermetically sealed container, and
(ii) that container has been opened;
(d) food which must be ripened or matured at ambient temperatures, but not when the process of ripening or maturation is completed;
(e) raw food intended for further processing (including cooking) before human consumption, but only if that processing, if undertaken correctly, will render that food fit for human consumption;
(f) food to which Council Regulation 1906/90 applies; and
(g) food to which Council Regulation 1907/90 applied.
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