Food Safety (General Food Hygiene) Regulations 1995
| Jurisdiction | UK Non-devolved |
| Citation | SI 1995/1763 |
1995 No. 1763
FOOD
The Food Safety (General Food Hygiene) Regulations 1995
Made 12th July 1995
Laid before Parliament 12th July 1995
Coming into force 15th September 1995
The Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales, acting jointly in relation to England and Wales, and the Secretary of State for Scotland in relation to Scotland, in exercise of the powers conferred upon them by sections 6(4), 16(1), 17(1), 26(1) and (3) and 48(1) of the Food Safety Act 19901, and in each case in exercise of all other powers respectively enabling them in that behalf, after consultation in accordance with section 48(4) of the Act with such organisations as appear to them to be representative of interests likely to be substantially affected, hereby make the following Regulations—
Citation and commencement
1. These Regulations may be cited as the Food Safety (General Food Hygiene) Regulations 1995 and shall come into force on 15th September 1995.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
“the Act” means the Food Safety Act 1990;
“the Directive” means Council Directive 93/43/EECof 14th June 1993 on the hygiene of foodstuffs2; “food authority” does not include—
(a) the council of a non-metropolitan county in England or Wales, unless that council is a unitary authority; or
(b) as respects the Inner Temple or the Middle Temple, the appropriate Treasurer;
“food business” means any undertaking, whether carried on for profit or not and whether public or private, carrying out any or all of the following operations, namely, preparation, processing, manufacturing, packaging, storing, transportation, distribution, handling or offering for sale or supply, of food;
“hygiene” means all measures necessary to ensure the safety and wholesomeness of food during preparation, processing, manufacturing, packaging, storing, transportation, distribution, handling and offering for sale or supply to the consumer, and “hygienic” shall be construed accordingly;
“potable water” means water which at the time of supply is or was not likely in a given case to affect adversely the wholesomeness of a particular foodstuff in its finished form, and which is or was either—
(a) of the quality demanded in order for it to be regarded as wholesome for the purposes of—
(i) Part VIA of the Water (Scotland) Act 19803, or
(ii) Chapter III of Part III of the Water Industry Act 19914; or
(b) not of that quality, but the water is or was derived—
(i) from a public supply in Scotland and the Secretary of State is not required, by virtue of section 76E of the Water (Scotland) Act 1980, to make an order under section 11(2) of the Water (Scotland) Act 1980 in relation to the authority supplying that water,
(ii) from a public supply in England or Wales and the Secretary of State is not required to make or confirm (with or without modifications) an enforcement order under section 18 of the Water Industry Act 1991 in relation to the company supplying that water, or
(iii) from a private supply in relation to which a private supply notice has been served or the option of a private supply notice has been considered and rejected by the local authority with remedial powers in relation to that private supply, unless since the time of supply the quality of the water has deteriorated in a way which, in a given case, has adversely affected or is likely to affect adversely the wholesomeness of a particular foodstuff in its finished form;
“primary production” includes harvesting, slaughter and milking;
“private supply” has—
(a) in Scotland, the same meaning as in section 76L(1) of the Water (Scotland) Act 19805;
(b) in England and Wales, the same meaning as in section 93(1) of the Water Industry Act 1991;
“private supply notice” means—
(a) in Scotland, a notice under section 76G of the Water (Scotland) Act 19806;
(b) in England and Wales, a notice under section 80 of the Water Industry Act 1991;
“public supply” means a supply of water which is not a private supply;
“unitary authority” means—
(a) in England, any authority which is the sole principal council for its local government area;
(b) in Wales, a county or county borough council established under the Local Government (Wales) Act 19947;
“water” includes water in any form, but does not include water which is—
(a) recognised as a natural mineral water under the Natural Mineral Water Regulations 19858;
(b) a medicinal product within the meaning of the Medicines Act 19689(“the 1968 Act”) or is a product in respect of which any provision of the 1968 Act has effect in relation to it as if it were a medicinal product within the meaning of the 1968 Act10; or
(c) drinking water within the meaning of the Drinking Water in Containers Regulations 199411;
“wholesomeness” means, in relation to food, its fitness for human consumption so far as hygiene is concerned, and any other words and expressions used both in these Regulations and in the Directive shall bear the same meaning in these Regulations as they have in the Directive.
(2) In determining for the purposes of these Regulations whether any matter involves a risk to food safety or wholesomeness, regard shall be had to the nature of the food, the manner in which it is handled and packed, any process to which the food is subjected before supply to the consumer, and the conditions under which it is displayed or stored.
(3) In Schedule 1, “where appropriate” and “where necessary” mean where appropriate and where necessary respectively for the purposes of ensuring the safety and wholesomeness of food.
(4) In these Regulations, unless the context otherwise requires, a reference—
(a)
(a) to a numbered regulation or Schedule is to the regulation in or Schedule to these Regulations bearing that number;
(b)
(b) in a regulation or Schedule to a numbered paragraph is to the paragraph of that regulation or Schedule bearing that number; and
(c)
(c) in a paragraph to a numbered or lettered sub-paragraph is to the sub-paragraph in that paragraph bearing that number or letter.
Application of provisions of these Regulations
3.—(1) Subject to paragraphs (3) and (4), regulations 4 and 5 shall apply to neither—
(a)
(a) primary production; nor
(b)
(b) a person carrying on any activity which is regulated by or under any of the Regulations listed in paragraph (2), but only with respect to the carrying on of that activity.
(2) The Regulations referred to in paragraph (1)(b) are—
(a)
(a) the Food Safety (Fishery Products) (Derogations) Regulations 199212;
(b)
(b) the Food Safety (Live Bivalve Molluscs) (Derogations) Regulations 199213;
(c)
(c) the Food Safety (Fishery Products) Regulations 199214;
(d)
(d) the Food Safety (Live Bivalve Molluscs and Other Shellfish) Regulations 199215;
(e)
(e) the Food Safety (Fishery Products on Fishing Vessels) Regulations 199216;
(f)
(f) the Egg Products Regulations 199317;
(g)
(g) the Meat Products (Hygiene) Regulations 199418;
(h)
(h) the Fresh Meat (Hygiene and Inspection) Regulations 199519;
(i)
(i) the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 199520;
(j)
(j) the Dairy Products (Hygiene) Regulations 199521;
(k)
(k) the Dairy Products (Hygiene) (Scotland) Regulations 199522.
(3) Notwithstanding paragraph (1)(b), the provisions of paragraph 1 of Chapter VII of Schedule 1 and of regulation 4(2)(d) in so far as it relates to that paragraph of that Chapter shall apply to a proprietor of a food business, unless—
(a)
(a) he is carrying on an activity which relates to a particular stage in the production of a product and a provision in any of the Regulations listed in paragraph (2) imposes a further or alternative requirement in relation to the supply and use of potable water in connection with that stage in the production of that product; or
(b)
(b) he is carrying out commercial operations on board a fishing vessel.
(4) Notwithstanding paragraph (1)(b), the provisions of Chapter X of Schedule 1 and of regulation 4(2)(d) in so far as it relates to that Chapter shall apply to a proprietor of a food business, unless a provision in any of the Regulations listed in paragraph (2) imposes a further or alternative requirement in relation to the instruction or training of food handlers.
Obligations upon proprietors of food businesses
4.—(1) A proprietor of a food business shall ensure that any of the following operations, namely, the preparation, processing, manufacturing, packaging, storing, transportation, distribution, handling and offering for sale or supply, of food are carried out in a hygienic way.
(2) A proprietor of a food business shall ensure that—
(a)
(a) the requirements set out in Chapter I of Schedule 1 are complied with as respects any food premises used for the purposes of that business;
(b)
(b) the requirements set out in Chapter II of Schedule 1 are complied with as respects any room where food is prepared, treated or processed in the course of activities of that business, other than dining areas and premises covered by Chapter III of Schedule 1;
(c)
(c) the requirements set out in Chapter III of Schedule 1 are complied with as respects any of the following used for the purposes of that business—
(i) movable or temporary premises (such as marquees, market stalls and mobile sales vehicles),
(ii) premises used primarily as a private dwelling house,
(iii) premises used occasionally for catering purposes, and
(iv) vending machines; and
(d)
(d) the requirements set out in Chapters IV to X of Schedule 1 are complied with as respects that business.
(3) A proprietor of a food business shall identify any step in the activities of the food business which is critical to ensuring food safety and ensure that adequate safety procedures...
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