Legal requirements for food businesses

This page provides a summary of the legal requirements that a food business must comply with. 

The numbers on your food hygiene inspection report correspond with the contraventions of legal requirements identified during your food hygiene inspection. You must rectify these issues to comply with the Food Safety and Hygiene (England) Regulations 2013 and Regulation (EC) No 852/2004 and associated regulations.

How hygienically the food is handled

1. Food safety requirements. You must not place food on the market that is unsafe to eat because it is injurious to health or unfit. Food can be unfit by being contaminated, by containing foreign objects, by having an unacceptable taste/odour, rotting or decomposing. (Article 14 of Regulation (EC) No 178/2002).

2. Labelling. You must not sell food beyond the ‘use by date’ on its labelling. (Article 14 of Regulation (EC) No 178/2002).

3. Temperature control. Food which is covered by these Regulations must be kept: If kept cold, at or below 8^oC; If kept hot at or above 63^oC (Regulation 32 Schedule 4)

4. Cleaning chemicals are not to be stored in areas where food is handled. Chemical additives used to prevent corrosion of equipment and utensils must not be used in a way that will allow contamination of food. (Article 4 Annex 2 Chapters 1 and 5)

5. Mobile and temporary food businesses. You must position vehicles, trailers, market stalls and marquees etc so as to avoid any risk of contamination in particular by pests and animals. Foodstuffs must also be placed to avoid the risk of contamination. There must be an adequate supply of hot and/or cold potable water. Article 4 Annex 2 Chapter 3)

6. Transporting food. You must keep food protected from contamination and at the correct temperature during transport. (Article 4 Annex 2 Chapter 4)

7. Equipment and fittings that touch food must be made of materials that do not contaminate food. (Article 4 Annex 2 Chapter 5).

8. Waste storage and disposal. You must not allow waste to build up. Waste must not be a source of contamination. (Article 4 Annex 2 Chapter 6)

9. Water. There must be an adequate supply of water which is of drinking water quality to your premises. If you use ice which comes into contact with food you must make, handle or store ice under conditions that protected it from contamination. (Article 4 Annex 2 Chapter 7)

10. Personal Hygiene. Every person working in a food handling area is to maintain a high degree of personal cleanliness and wear suitable, clean and where necessary protective clothing. (Article 4 Annex 2 Chapter 8)

11. Protecting food from contamination. You must protect raw materials, ingredients and food from contamination during all stages of production, processing (including cooking) and distribution. You must not accept raw materials, ingredients and other materials used in processing products that are likely to be, contaminated with parasites, food poisoning organisms, or toxic, decomposed or foreign substances; to such an extent that, even after you have applied normal good hygiene measures, the final product would be unfit for human consumption. If you manufacture, handle and wrap processed foods you must have suitable rooms, large enough for the separate storage or raw materials/ingredients from processed materials and sufficient separate refrigerated storage. (Article 4 Annex 2 Chapter 9).

12. Storage of food. You must store all raw materials, ingredients, intermediate and finished products/foods which are able to support the growth of food poisoning organisms at temperatures that would not result in a risk to health. The cold storage of food must not be interrupted unless it is for small periods during preparation, transport, storage, display or service and must not result in a risk to health. (Article 4 Annex 2 Chapter 9).

13. Thawing of food. You must thaw food in such a way as to reduce the risk of growth of food poisoning organisms. During thawing foods must not be kept at temperatures which would cause a risk to health. Any liquid from the food which may be a risk to health must be drained. After thawing food must be handled in a way that reduces the risk of growth of food poisoning organisms. (Article 4 Annex 2 Chapter 9)

14. Cooling of food. Where you keep or serve food at chilled temperatures you must cool it as quickly as possible following the heating process or final preparation stage if no further heating process is used, to a temperature that does not result in a risk to health. (Article 4 Annex 2 Chapter 9).

15. Hazardous and inedible substances, including animal feed, are to be adequately labelled and stored in separate and secure containers. (Article 4 Annex 2 Chapter 9).

16. Wrapping and packing. You must not use material to wrap and pack food that is source of contamination. You must store wrapping materials so they are not exposed to a risk of contamination. Wrapping and packing of food must be carried out so as to avoid contamination of foods. (Article 4 Annex 2 Chapter 10).

17. Special waste. You must separate raw meat and fish from other waste for it to be rendered or incinerated through an approved disposal route and keep records of the item above. [Animal By-Products (Enforcement) (England) Regulations 2013, Regulation 2, Schedule 1 and Regulation (EC) No 1069/2009, Article 22]

Condition of structure and cleanliness

18. Cleanliness. You must keep food premises clean and maintained in good repair and condition. (Article 4 Annex 2 Chapter 1)

19. The layout, design, construction, site ofand Must allow adequate maintenance; cleaning and/or disinfection; avoid or minimise airborne contamination; provide adequate work space to allow hygienic performance of operations; protect against accumulation of dirt, contact with toxic materials, shedding of particles into food, formation of condensation and mould; permit good hygiene practices. (Article 4 Annex 2 Chapter 1)

20. Pest control. The layout, design, construction, the site of and size of your business must allow pest control. (Article 4 Annex 2 Chapter 1)

21. Temperature control. The layout, design, construction, the site of and size of your food business premises must provide suitable temperature-controlled handling and storage conditions and allow you to check and record temperatures. (Article 4 Annex 2 Chapter 1)

22. Toilets. You must have enough flush toilets available. They must be connected to an effective drainage system. You must keep them clean, have adequate natural or mechanical ventilation and they must not lead directly into rooms where you handle food (Article 4 Annex 2 Chapter 1)

23. Hand washbasins. You must have enough hand washbasins available. They must be suitably located and designated for cleaning They must have hot and cold running water, materials for cleaning hands and for hygienic drying. (Article 4 Annex 2 Chapter 1)

24. Ventilation. You must provide suitable and sufficient natural or mechanical ventilation. You must avoid mechanical airflow from contaminated to clean areas. Ventilation systems must be constructed to enable filters and other parts requiring cleaning or replacement to be easy to reach. (Article 4 Annex 2 Chapter 1)

25. Lighting. Food premises are to have adequate natural and/or artificial lighting. (Article 4 Annex 2 Chapter 1)

26. Drainage. You must provide suitable drainage to prevent contamination. Open drainage channels must not allow waste to flow from a dirty area to a clean area. (Article 4 Annex 2 Chapter 1)

27. Changing facilities. Where necessary, you must provide adequate changing facilities for staff. (Article 4 Annex 2 Chapter 1)

28. Floors. You must keep floors clean, in sound condition and be easy to clean and where necessary disinfect. They must be impervious, non-absorbent, washable, non-toxic and where appropriate allow adequate surface drainage. (Article 4 Annex 2 Chapter 1 & Chapter 2)

29. Walls. You must keep walls clean, in sound condition and be easy to clean and where necessary disinfect. They must be impervious, non-absorbent, washable, non-toxic and smooth up to a height appropriate for the operations. (Article 4 Annex 2 Chapter 1 & Chapter 2)

30. Ceilings. You must keep ceilings (or where there are no ceilings, the interior of the roof) and overhead fixtures clean. They must be constructed and finished to prevent the accumulation of dirt, reduce condensation, the growth of moulds and shedding of particles. (Article 4 Annex 2 Chapter 1 & Chapter 2)

31. Windows. You must keep windows and other openings clean. They must be constructed to prevent the accumulation of dirt. Where necessary those that can be opened to the outside environment are to be fitted with insect-proof screens, easily removed for cleaning. Where open windows would result in contamination, windows are to remain closed and fixed during production. (Article 4 Annex 2 Chapter 1 & Chapter 2)

32. Doors. You must keep doors clean. They must have smooth non-absorbent surfaces, be easy to clean and where necessary disinfect. (Article 4 Annex 2 Chapter 1 & Chapter 2)

33. Working surfaces. You must keep working surfaces (including surfaces of equipment) where food is handled clean. They must be maintained in a sound condition, be easy to clean and where necessary disinfect. This requires the use of smooth, washable, corrosion resistant and non-toxic materials. (Article 4 Annex 2 Chapter 1 & Chapter 2)

34. Washing food. You must make proper provision for washing food. Every sink or facility provided is to have an adequate supply of hot and/or cold potable water, be kept clean, and where necessary disinfected. Where necessary facilities for washing food are to be separate from hand-washing facilities. (Article 4 Annex 2 Chapter 1 and Chapter 2)

35. Sinks and similar facilities. You must have enough, facilities for cleaning, disinfecting and storage of working utensils and equipment. You must keep these facilities clean. They must be constructed of corrosion resistant materials, be easy to clean and have an adequate supply of hot and cold water. (Article 4 Annex 2 Chapter 2)

36. Mobile and temporary food businesses. You must keep any mobile or temporary premises premises clean and maintained in good repair and condition. Where necessary you must provide appropriate facilities for maintaining personal hygiene; surfaces which come into contact with food must be maintained in a sound condition, be easy to clean and where necessary disinfect. This requires the use of smooth, washable, corrosion resistant and non-toxic materials; there must be facilities for cleaning and where necessary disinfecting of working utensils and equipment: provision for the hygienic washing of food; facilities for maintain temperature controlled conditions; and facilities for the hygienic storage and disposal of hazardous/inedible substances and waste. (Article 4 Annex 2 Chapter 1)

37. Transporting food. You must keep all vehicles, containers etc used for transporting food clean and in good condition. (Article 4 Annex 2 Chapter 4)

38. Equipment. You must keep all articles, fittings and equipment which food comes into contact with food clean, and where necessary disinfected. Cleaning and disinfection must take place regularly to avoid any risk of contamination. You must keep all articles, fittings and equipment in good order, repair and condition to minimise any risk of contamination, enable them to be kept clean and where necessary disinfected. They must be installed to allow adequate cleaning of the equipment and surrounding area. (Article 4 Annex 2 Chapter 5)

39. Waste storage. You must store waste in containers that you can close and keep clean. You must keep the area where you store your waste in good repair, so that you can keep it clean and free from pests. (Article 4 Annex 2 Chapter 6)

How you manage and document food safety

40. Hazard analysis and critical control points. You must put in place, implement and maintain permanent procedures based on HACCP principles. These procedures must be reviewed when any important changes take place. You must provide Leeds City Council with evidence of your HACCP based procedures and ensure that these procedures are up to date (Article 5)

What is a HACCP based system? HACCP stands for ‘hazard analysis and critical control points’. It describes a way of working that helps you manage food safety.

What you need to do: First you need to find out what can make the food you sell unsafe to eat and write this down. You need to think this through and write down all the steps you take when handling food in your business. For example, you buy and store food. You may unwrap, slice, cook it, keep it hot, and cool food down. You need to think about each step you take in turn and write down what can go wrong and how you can stop it from happening.

Some of the things you do at those steps are very important to make sure food is safe to eat. You must properly control these steps and check that the control measures are working and being carried out by any staff who work for you.

You must keep some records to show that what you have done is working in practice. Records may include cleaning schedules, temperature monitoring, training, pest control reports and waste collection.

Finally you need to know what you will do when things go wrong and write this down.

You must make sure that your staff know about your system and follow your rules and food safety law. You must also keep your food safety management system up to date and check it from time to time to make sure it is still working properly. This is very important when things change in your business, such as new staff, new equipment, or a new ingredient.

The type of system you will need will depend on the size and type of food business you run.

Safer Food Better Business, which is available from the Food Standards Agency is an example of a HACCP based system, suitable for many small food businesses. It can be downloaded from the Food Standards Agency website.

41. Fitness to Work. You must have an effective system in place to ensure that anyone:-

• suffering from, or a carrier of a disease likely to be passed through food; or
• has for example, infected wounds, skin infections, sores; or
• is suffering from diarrhoea;

is prevented from handling food or entering any area for any reason where food is handled if it is likely that food may be contaminated as a result. You must tell your staff to report illness or symptoms to you, and if possible their causes, straight away. (Article 4 Annex 2 Chapter 8)

42. Pest control. You must have adequate procedures in place to control pests. You must have adequate procedures in place to prevent domestic animals having access to places where food is prepared, handled or stored. (Article 4 Annex 2 Chapter 9)

43. Training. You must ensure that food handlers are supervised, instructed and/or trained in food hygiene matters related to their work. Those responsible for putting in place your HACCP system and keeping up to date must receive training in the application of HACCP principles. (Article 4 Annex 2 Chapter 12).

44. Waste. You must make proper arrangements to ensure your waste is collected. Only people licensed as waste carriers may collect waste. They must provide you with a waste transfer note at each collection. (Article 4 Annex 2 Chapter 6 and Section 34 of the Environmental Protection Act 1990).

45. Traceability. You must have a system in place to enable you to find and contact those from whom you get your food and ingredients and those you supply it to. This is important if you need to tell them that there is something wrong with the food and to advise how to make it safe or remove it from sale. (Article 19 of Regulation (EC) No 178/2002).

46. Imports. You must ensure that food you import to place on the market within the European Community (EC) meets food law or equivalent requirements that the EC allows. (Article 11 of Regulation (EC) No 178/2002).

What you need to do: You may find out if the food you import meets specific legal rules by going to http://ec.europa.eu and looking at the ‘third country establishments list’. The website lists food and producers in certain countries that the EC allows. You will need to show what checks you have made as part of your HACCP based system.

Imports of products of animal origin and some products containing them are controlled through a system of checks at a designated border inspection post (BIP). You need to check that the UK/EU port where you ship your goods is a BIP (a full list of BIPs is available on the Department for environment food and rural affairs (DEFRA) website.

The importer or his agent must fill in a common veterinary entry document (CVED) and submit it to the BIP beforehand. The CVED is completed at the BIP. The CVED stays with the food until it reaches the first food business to split the shipment or process it to show that the necessary checks were made when it first entered the EU. You may find an example of a CVED in Commission Regulation 136/2004. If you are the first food business to split the shipment or process the food imported you must keep the CVED that came with it. Other documents could include health certificates.

47. Microbiological criteria. You must ensure that foodstuffs meet the microbiological criteria set out in Regulation 2073/2005.

What you need to do: At each stage of food production, processing, distribution including retail, you need to take measures, as part of your procedures based on HACCP principles and with the implementation of good hygiene practice ensure that:-

• the supply, handling and processing of raw materials and foodstuffs under your control are carried out in such a way that the process hygiene criteria are met,
• the food safety criteria applicable throughout the shelf-life of your products can be met under reasonably foreseeable conditions of distribution, storage and use.

If you have in place HACCP based procedures and good hygiene practice, routine monitoring of physical parameters (e.g. time/temperature profiles, pH, level of preservative and water activity) may provide assurance that the criteria are being met.

If you are a small food business, and following guidance from the Food Standards Agency, Local Authorities or industry guides to good hygiene practice this can also help demonstrate compliance e.g. the use of guidance packs such as ‘Safer food, better business’, ‘Cook Safe’ and equivalent schemes.