Food Premises (Registration) Regulations 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/2825 |
1991 No. 2825
FOOD
The Food Premises (Registration) Regulations 1991
Made 13th December 1991
Laid before Parliament 16th December 1991
The Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England, and with food and health in Wales, acting jointly in respect of England and Wales, and the Secretary of State for Scotland in respect of Scotland, in exercise of the powers conferred by sections 6(4), 16(1)(f), 19(1)(a), 26(2)(a), (b) and (c), 26(3), 45(1) and(3), 48(1) and 49(2) of the Food Safety Act 19901and of all other powers enabling them in that behalf, after consulting such organisations as appear to them to be representative of interests likely to be substantially affected by these Regulations in accordance with section 48(4) of that Act, hereby make the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Food Premises (Registration) Regulations 1991.
(2) These Regulations shall come into force as follows:—
(a)
(a) in relation to premises other than Crown premises—
(i) all provisions other than regulations 2, 3, 5(4) and (5), 7 and 8(1), (2), (3), (4) and (8) on 1st February 1992, and
(ii) regulations 2, 3, 5(4) and (5), 7 and 8(1), (2), (3), (4) and (8) on 1st May 1992;
(b)
(b) in relation to Crown premises—
(i) all provisions other than regulations 2, 3, 5(4) and (5), 7 and 8(1), (2), (3), (4) and (8) on 1st April 1992,
(ii) regulation 5(4) and (5) on 1st May 1992, and
(iii) regulations 2, 3, 7 and 8(1), (2), (3), (4) and (8) on 1st July 1992.
(3) In these Regulations unless the context otherwise requires—
“the Act” means the Food Safety Act 1990;
“Crown premises” means premises held or used by or on behalf of the Crown;
“domestic premises” means a dwelling house or other building used principally, but not exclusively, as a dwelling, and its curtilage;
“market” shall be construed generally and not as limited to a market held by virtue of a grant from the Crown or of prescription or under statutory authority and “controller of the market” means, in relation to a market provided by a local authority, that authority, and, in any other case, the person by whose authority premises are used within the area of the market;
“moveable premises” means premises other than permanent premises, and “relevant moveable premises” means moveable premises, used for the transport or preparation of food or the retail sale of food on five or more days, whether consecutive or not, in any period of five consecutive weeks, other than—
(a) motor vehicles which are constructed solely for the purpose of carrying no more than 8 passengers (including the driver) and their personal effects,
(b) tents, or
(c) moveable premises which are ordinarily kept outside Great Britain;
“non-retail sale” means sale otherwise than to the ultimate consumer;
“permanent premises” means any land or building;
“the register” means the register kept under regulation 5;
“registered” means registered in the register;
“registration authority” means an authority which is required by regulation 9 to enforce these regulations, and
“relevant registration authority” means, in relation to any premises, the registration authority in whose area the premises are situated;
“retail sale” means sale to the ultimate consumer;
“sale” shall be construed in accordance with section 2 of the Act, and as including possession, offer or exposure for sale, and consigning, delivering and serving by way of sale;
“supplementary record” means the record kept under regulation 6(1);
“supply” means, in relation to any food, to give it away in the course of any trade or business, and the possession, preparation, storage, offer or exposure of food for such supply and serving by way of such supply;
“tents” includes marquees, awnings and similar structures but does not include stalls;
“ultimate consumer” means the same as in regulation 2(1) of the Food Labelling Regulations 19842;
“voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any body exercising the functions of central or local government.
(4) Section 50 (service of documents) of the Act shall apply to the making of applications and the supply of particulars under these Regulations as it applies to the giving or serving of documents.
(5) In these Regulations, unless the context otherwise requires, a reference—
(a)
(a) to a numbered regulation or Schedule is a reference to the regulation in or Schedule to these Regulations bearing that number;
(b)
(b) in a regulation or a Schedule to a numbered paragraph is a reference to the paragraph in that regulation or Schedule bearing that number.
Prohibition on use of premises for a food business
2.—(1) Subject to paragraphs (3), (4) and (5) and to regulation 3, no person shall use any premises for the purposes of a food business on five or more days, whether consecutive or not, in any period of five consecutive weeks unless—
(a)
(a) those premises are registered;
(b)
(b) those premises, though not registered, are required by virtue of paragraphs (3), (4) or (5) or regulation 4(2) to be registered on the application of some other person; or
(c)
(c) an application for those premises to he registered has been made in accordance with regulation 4 to the relevant registration authority at least 28 days before the first day of such use.
(2) Subject to paragraphs (3), (4) and (5) and to regulation 3, premises shall not be used for the purposes of two or more food businesses, whether carried on by the same or by different persons, on five or more days, whether consecutive or not, in any period of five consecutive weeks unless—
(a)
(a) those premises are registered; or
(b)
(b) an application for those premises to be registered has been made in accordance with regulation 4 to the relevant registration authority at least 28 days before the first day of such use.
(3) Schedule 1 shall have effect for the purposes of determining requirements for registration where relevant moveable premises are used for the purposes of a food business within the area of a market.
(4) Schedule 2 shall have effect for the purposes of determining requirements for registration where a set of permanent premises is included in another set of permanent premises.
(5) Schedule 3 shall have effect for the purposes of determining the requirements for registration where moveable premises are used for the purposes of a food business, other than where relevant moveable premises are used within the area of a market.
Exceptions
3.—(1) Regulation 2 does not apply to premises at which the only commercial operations carried out in relation to food or food sources are one or more of the following—
(a)
(a) killing game (Including deer) for food by way of sport or the non-retail sale of food from game killed there;
(b)
(b) taking fish for food or the non-retail sale of food from fish taken there;
(c)
(c) harvesting food in the course of horticulture, viticulture or arable farming, or—
(i) the cleaning of food harvested there,
(ii) the storage of food harvested there,
(iii) the packaging of food harvested there except in a form in which the food is to be sold by retail,
(iv) the non-retail sale of food harvested there;
(d)
(d) collecting honey from bees;
(e)
(e) the production or packing of eggs or the non-retail sale of eggs produced or packed there;
(f)
(f) the retail sale of food by means of an automatic vending machine on those premises;
(g)
(g) the supply of beverages, or of biscuits, potato crisps, confectionery or other similar products, ancillary to a business whose principal activity is not the sale of food;
(h)
(h) the supply of food in the course of a religious ceremony.
(2) Subject to paragraph 6 of Schedule 3, regulation 2 also does not apply to premises used only—
(a)
(a) as a dairy or as a dairy farm, in each case within the meaning, in relation to England and Wales, of the Milk and Dairies (General) Regulations 19593and, in relation to Scotland, of the Milk and Dairies (Scotland) Regulations 19904;
(b)
(b) in England or Wales, by a person carrying on a food business there only as a distributor within the meaning of the Milk and Dairies (General) Regulations 1959;
(c)
(c) as a slaughterhouse within the meaning, in England and Wales, of Part I of the Slaughterhouses Act 19745or, in Scotland, the Slaughter of Animals (Scotland) Act 19806;
(d)
(d) as a slaughterhouse or cutting premises in respect of which a licence is required under regulation 12 of either the Poultry Meat (Hygiene) Regulations 19767or the Poultry Meat (Hygiene) (Scotland) Regulations 19768;
(e)
(e) as export cutting premises, an export cold store or a transhipment centre approved under regulation 4 of either the Fresh Meat Export (Hygiene and Inspection) Regulations 19879or the Fresh Meat Export (Hygiene and Inspection) (Scotland) Regulations 198710;
(f)
(f) as an establishment preparing meat products for export to another Member State of the European Economic Community approved in accordance with article 7 of Council Directive 77/99/EEC11as amended by Council Directive 88/658/EEC12
(3) Subject to paragraph 6 of Schedule 3, regulation 2 also does not apply to—
(a)
(a) premises controlled by a voluntary organisation or the trustees of a charity and used only for the purposes of such organisations or charities, where no food (other than dry ingredients for the preparation of beverages, sugar, biscuits, potato crisps or other similar dry products) is stored for sale;
(b)
(b) premises at which—
(i) no food intended for sale for human consumption is present, and
(ii) no relevant moveable premises are ordinarily kept;
(c)
(c) premises where food is—
(i) stored for sale, or
(ii) prepared for sale,
and it is intended, when the food first enters those...
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