Food Standards Agency
Sunday 5 July 2009
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Listen to this siteFrom 1 January 2006, new EU food hygiene legislation has applied throughout the UK.
The legislation:
The three basic EU food hygiene regulations are:
The general hygiene requirements for all food business operators are laid down in Regulation 852/2004.
Regulation 853/2004 supplements Regulation 852/2004 in that it lays down specific requirements for food businesses dealing with foods of animal origin. Regulation 854/2004 relates to the organisation of official controls on products of animal origin intended for human consumption.
All food businesses are required to be registered with the competent authority; which competent authority will depend on the type of business. Food business operators (except farmers and growers) are also required to put in place, implement and maintain a permanent procedure, or procedures, based on HACCP principles. The legislation is structured to ensure that the appropriate level of public health protection is in place without placing unnecessary burdens on businesses. Food businesses can apply the legislation flexibly and proportionately according to the nature of the business.
A wide range of information on the legislation is given in the 'Hygiene legislation' link below.
Amended copies of the food hygiene regulations were published on 2 June (2004/41) and 25 June 2004 (852/2004, 853/2004 and 854/2004). The regulations have been amended since by the EU implementing measures (see below) and in the case of 854/2004 by Regulation (EC) 882/2004, the Official Feed and Food Controls Regulation.
As part of the development of the legislation, the Agency has consulted stakeholders on various issues. These can be seen in the Consultations section of this website.
Back to topNational legislation is required to give effect to the provisions of the EU food hygiene regulations. This is provided by a Statutory Instrument (SI) in England and equivalent legislation in Scotland, Wales and Northern Ireland. The SI broadly covers:
The EU Official Feed and Food Controls Regulation (OFFC) also applied from 11 January 2006 and set out general requirements for the competent authorities responsible for checking that businesses comply with feed and food legislation (and animal health and welfare rules). It also sets out the role of the Commission's Food and Veterinary Office. The OFFC Regulation is also given effect by a Statutory Instrument in England (and equivalents in Scotland, Wales and Northern Ireland).
Links to the national legislation on the Office of Public Sector Information web site for England, Scotland, Wales and Northern Ireland for both the food hygiene regulations and the OFFC regulations can be found through the relevant country information under the 'Find out more' section below.
Back to topSince publication of the EU Food Hygiene Regulations in 2004, a number of implementing regulations and transitional measures that support the application of the EU regulations have also been published.
The most recent implementing measures were published in the EU Official Journal (OJ) on the 20 October 2008. As with the other EU regulations, it will be necessary to amend national legislation in England, Scotland, Wales and Northern Ireland to provide for their enforcement. A link to a page listing all of the implementing measures and transitional arrangements can be found below. The Regulations applying microbiological criteria for foodstuffs are linked through another page.
Information regarding the negotiations and development of the legislation can be found via the link below to 'History of 2006 food hygiene legislation negotiations.
Back to topThe FSA has produced a number of guidance documents to the regulations to help food businesses understand what they need to do to comply with the regulations. This includes a general guidance to the law and three summary guides for certain food sectors and should be read together with the EU and national legislation.
The FSA has also produced a guide for the meat industry. Other guidance is also available including some from the European Commission on various aspects of the legislation.
Back to topAs central competent authority for the food hygiene legislation, the FSA is required to ensure that application of the legislation is proportionate, risk-based and outcome-focussed. How it does this is set out in the attached 'Principles underpinning application by the FSA of the EU food hygiene regulations' paper.
Back to topDuring 2007, the Regulatory Impact Assessment (RIA) was replaced (for legislation or policy affecting England only) by the Impact Assessment (IA). An IA is a policy tool which assesses the impact in terms of costs, benefits and risks of (usually) a proposed regulation which could affect businesses, charities or the voluntary sector.
IAs have been published with each consultation on the legislation providing stakeholders with the opportunity to make comment on their contents.
Back to topDownload pdf
(pdf 185KB) Guidance on the new food hygiene legislation Read the UK guidance notes Impact Assessments Principles underpinning application by the FSA of the EU food hygiene regulationsDownload pdf
(pdf 31KB)EU Regulation No. 2073/2005 on microbiological criteria for foods (as amended by EU Regulation No. 1441/2007) complements the food hygiene legislation and applies to all food businesses involved in the production and handling of food.
The Food Hygiene (England) Regulations 2006 (SI 2006/14) came into force on 11 January 2006.
The implementing and transitional measures amend or provide transitional periods for the food hygiene and other regulations. A list of the implementing and transitional measures is found below in chronological order, oldest first. Please note the titles of the regulations are not always written in full. Pdf files of the regulations can be found at the foot of the page.
The Food Hygiene (Scotland) Regulations 2006 (SSI 2006/3) came into force on 11 January 2006 - this applied the provisions of the EU implementing and transitional measures and the EU Microbiological Criteria Regulation.
The Food Hygiene (Wales) Regulations 2006 (SI 2006/31 (W.5) came into force 11 January 2006 � as well as applying the original EU Regulations (852/2004, 853/2004 and 854/2004), the regulations also apply the provisions of the EU implementing and transitional measures and the EU Microbiological Criteria Regulation.
The Food Hygiene Regulations (Northern Ireland) 2006 (SR 2006 No 3) came into operation on 11 January 2006 - as well as applying the original EU Regulations (852/2004, 853/2004 and 854/2004), this SR also applied the provisions of the EU implementing and transitional measures and the EU Microbiological Criteria Regulation.
The EU food hygiene legislation was developed over several years. These reports of various meetings show how it developed and continues to progress.
Download pdf
(pdf 110KB) Regulation (EC) No 853/2004 laying down specific hygiene rules applicable to products of animal originDownload pdf
(pdf 271KB) Regulation (EC) No 854/2004 laying down specifc rules on official controls on products of animal originDownload pdf
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