The Food Safety and Hygiene (England) Regulations 2013
2013 No. 2996
Food, England
The Food Safety and Hygiene (England) Regulations 2013
Made 22th November 2013
Laid before Parliament 3rd December 2013
Coming into force 31th December 2013
The Secretary of State makes the following Regulations in exercise of the powers conferred on him by section 2(2) of and paragraph 1A of Schedule 2 to the European Communities Act 19721.
The Secretary of State has been designated for the purposes of that section in relation to measures relating to food (including drink) including the primary production of food2and measures in the veterinary and phytosanitary fields for the protection of public health3.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for any reference to an EU instrument defined in Schedule 1 to be construed in accordance with regulation 2(6) as a reference to that instrument as amended from time to time.
As required by Article 9 of Regulation (EC) No. 178/2002of 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 safety4there has been open and transparent public consultation during the preparation of the following Regulations.
Title, application, commencement and extent
1.—(1) These Regulations
(a)
(a) may be cited as the Food Safety and Hygiene (England) Regulations 2013;
(b)
(b) apply in relation to England only, and
(c)
(c) come into force on 31st December 2013.
(2) Any amendment or revocation made by these Regulations has the same extent as the provision amended or revoked (but applies in relation to England only).
Interpretation
2.—(1) In these Regulations —
“the Act” means the Food Safety Act 19905;
“the Agency” means the Food Standards Agency;
“authorised officer”, in relation to an enforcement authority, means any person (whether or not an officer of the authority) who is authorised by them in writing, either generally or specially, to act in matters arising under the Hygiene Regulations and Regulation 178/2002;
“the EU Hygiene Regulations” means Regulation 852/2004, Regulation 853/2004, Regulation 854/2004, Regulation 2073/2005 and Regulation 2075/2005;
“Decision 2006/766”, “Directive 2004/41”, “Regulation 178/2002”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 854/2004”, “Regulation 882/2004”, “Regulation 1688/2005”, “Regulation 2073/2005”, “Regulation 2074/2005”, “Regulation 2075/2005”, “Regulation 1020/2008”, “Regulation 1021/2008”, “Regulation 596/2009”, “Regulation 669/2009”, “Regulation 1169/2011”, “Regulation 28/2012” and “Regulation 1079/2013” have the meanings respectively given to them in Schedule 1;
“enforcement authority” means the authority which, by virtue of regulation 5, is responsible for executing and enforcing the Hygiene Regulations and Regulation 178/2002;
“food authority” has the meaning that it bears by virtue of section 5(1) of the Act except that it does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and Middle Temple);
“the Hygiene Regulations” means these Regulations and the EU Hygiene Regulations;
“premises” includes any establishment, any place, vehicle, stall or moveable structure and any ship or aircraft; and
“specified EU provision” means any provision of Regulation 178/2002 or the EU Hygiene Regulations that is specified in column 1 of Schedule 2 and whose subject-matter is described in column 2 of that Schedule.
(2) Subject to paragraph (3), any expression other than one defined in paragraph (1) that is used both in these Regulations and in the Act has the meaning it bears in the Act.
(3) Unless the context otherwise requires, any expression used both in these Regulations and in Regulation 178/2002 or the EU Hygiene Regulations has the meaning that it bears in Regulation 178/2002 or the EU Hygiene Regulations.
(4) Where any functions under the Act are assigned —
(a)
(a) by an order under section 2 or 7 of the Public Health (Control of Disease) Act 19846, to a port health authority;
(b)
(b) by an order under section 6 of the Public Health Act 19367, to a joint board for a united district; or
(c)
(c) by an order under paragraph 15(6) of Schedule 8 to the Local Government Act 19858, to a single authority for a metropolitan county,
any reference in these Regulations to a food authority is to be construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.
(5) Where, apart from this paragraph, any period of less than seven days which is specified in these Regulations would include any day which is —
(a)
(a) a Saturday, a Sunday, Christmas Day or Good Friday; or
(b)
(b) a day which is a bank holiday under the Banking and Financial Dealings Act 19719,
that day is to be excluded from the period.
(6) In these Regulations, any reference to an EU instrument defined in Schedule 1 is a reference to that instrument as any annex to it may be amended from time to time.
Presumptions that food is intended for human consumption
3.—(1) The following paragraphs apply for the purposes of these Regulations.
(2) Any food commonly used for human consumption shall, if placed on the market or offered, exposed or kept for placing on the market, be presumed, until the contrary is proved, to have been placed on the market or, as the case may be, to have been or to be intended for placing on the market for human consumption.
(3) The following, namely—
(a)
(a) any food commonly used for human consumption which is found on premises used for the preparation, storage, or placing on the market of that food; and
(b)
(b) any article or substance commonly used in the manufacture of food for human consumption which is found on premises used for the preparation, storage or placing on the market of that food,
shall be presumed, until the contrary is proved, to be intended for placing on the market, or for manufacturing food for placing on the market, for human consumption.
(4) Any article or substance capable of being used in the composition or preparation of any food commonly used for human consumption which is found on premises on which that food is prepared shall, until the contrary is proved, be presumed to be intended for such use.
Competent authorities
4.—(1) The competent authority for the purposes of the EU Hygiene Regulations is the Agency except where it has delegated competences as provided for in those Regulations.
(2) The competent authorities for the purposes of the provisions of Regulation 178/2002 specified in paragraph (3) are the Agency and each food authority in its area or district.
(3) The provisions of Regulation 178/2002 are —
(a)
(a) Article 14(8) (power of competent authorities to take appropriate measures to impose restrictions on the placing of food on the market or to require its withdrawal from the market in certain circumstances);
(b)
(b) Article 18(2) and (3) (competent authorities to which food business operators must make information available on demand as to the traceability of food); and
(c)
(c) Article 19 (food business operators to inform and collaborate with competent authorities to avoid or reduce risks posed by a food).
Enforcement authorities
5.—(1) In respect of any food business operator to whose operations Regulation 852/2004 applies but Regulation 853/2004 does not apply —
(a)
(a) the Agency or the food authority in whose area the food business operator carries out the operations shall execute and enforce the Hygiene Regulations in so far as the operator concerned is carrying out primary production and those associated operations listed in paragraph 1 of Part AI of Annex I to Regulation 852/2004 other than the associated operations described in sub-paragraphs (a) and (c) of that paragraph to the extent that they concern wild game; and
(b)
(b) the food authority in whose area the food business operator carries out the operations shall execute and enforce the Hygiene Regulations in so far as the operator concerned is carrying out operations which are not executed and enforced by the Agency or the food authority as provided for in sub-paragraph (a).
(2) In respect of any food business operator to whose operations both Regulation 852/2004 and Regulation 853/2004 apply —
(a)
(a) the Agency shall execute and enforce the Hygiene Regulations in so far as the operator concerned is carrying out operations in relation to —
(i) a slaughterhouse,
(ii) a game-handling establishment, or
(iii) a cutting plant;
(b)
(b) the Agency or the food authority in whose area the food business operator carries out the operations shall execute and enforce the Hygiene Regulations in so far as the operator concerned is carrying out operations in relation to any establishment that is not specified in sub-paragraph (a).
(3) In respect of —
(a)
(a) collection centres and tanneries supplying raw material for the production of gelatine intended for human consumption pursuant to paragraph 5 of Chapter I of Section XIV of Annex III to Regulation 853/2004; and
(b)
(b) collection centres and tanneries supplying raw material for the production of collagen intended for human consumption pursuant to paragraph 5 of Chapter I of Section XV of Annex III to Regulation 853/2004,
the food authority in whose area the collection centre or tannery concerned is situated shall execute and enforce the Hygiene Regulations.
(4) Each food authority shall execute and enforce these Regulations in its area in relation to the matters regulated by —
(a)
(a) Schedules 3 to 5; and
(b)
(b) Schedule 6 in so far as it applies in relation to raw milk intended...
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