Food Hygiene Legislation Changes January 2006
New food laws will apply in the UK from 1 January 2006. They will affect all food businesses, including caterers, primary producers (such as farmers), manufacturers, distributors and retailers.How the legislation affects you will depend on the size and type of your business.
There are a number of new European regulations, which apply directly to food businesses in the UK, and also national legislation in England, Scotland, Wales and Northern Ireland.
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What you need to know
- Do I need to register my business?
- What training do my staff need?
- What is HACCP?
- Where do I go if I have a specific query?
- Why is EU food hygiene legislation being changed?
- Will the new laws mean more Brussels red tape?
- Will the new regulations affect the public?
- What guidance is available on the new food hygiene laws?
- Is any UK legislation being removed?
- Are there new rules covering microbiological criteria?
- Where can I get more detailed information?
Anchor Point:1Do I need to register my business?
Most food businesses will need to register all of their premises with their local authority before they open (or before starting to use new premises). At the moment this is required under the Food Premises (Registration) Regulations 1991. From January 2006, this will be required under EU regulations.
Food business operators in Solihull whose premises are required to be registered should approach Solihull Council, Environmental Health by phoning (0121) 704 6837. If you have registered your premises already and have not changed the type of work you do, you don't need to register them again.
The premises for certain types of food business need to be approved, rather than registered, including those producing the following foods:
- Meat and meat products
- Eggs
- Milk and dairy products
- Fish and fish products
Food business operators whose premises require approval should also approach Solihull Council, Food Safety Team by phoning (0121) 704 6837.
The approval requirements do not apply to primary producers e.g. farmers. As food businesses they have to be registered with the relevant authority. However, this will not be a new requirement for most farmers as existing forms of registration may be used to meet the requirement. Therefore, if farming businesses are already known to Agriculture Departments, their agencies, such as the Rural Payments Agency or the State Veterinary Service or local authorities, then this will satisfy the requirement.
If information is not already held on any of these databases, then it is the responsibility of the food business operator to contact the relevant authority.
Anchor Point:2What training is needed for my staff?
Food handlers must receive appropriate supervision, and be instructed and/or trained in food hygiene, to enable them to handle food safely. Those responsible for developing and maintaining the business's food safety procedures, based on HACCP principles, must have received adequate training. Adequate training can be obtained by attending a formal training course, self study, on the job training or relevant prior experience. The operator of the food business is responsible for ensuring this happens.
Anchor Point:3What is HACCP?
HACCP stands for 'Hazard Analysis Critical Control Point'. It is an internationally recognised and recommended system of food safety management. It focuses on identifying the 'critical points' in a process where food safety problems (or 'hazards') could arise and putting steps in place to prevent things going wrong. This is sometimes referred to as 'controlling hazards'. Keeping records is also an important part of HACCP systems.
Anchor Point:4Where do I go if I have a specific question about how the new regulations apply to my business?
You should contact the Solihull Council, Food Safety Team by phoning (0121) 704 6837. If you have any specific questions about how the new regulations apply to your business.
Anchor Point:5Why is EU food hygiene legislation being changed?
The legislation is being changed to set out more clearly the duty of food businesses to produce food safely and to achieve consistency. The legislation includes most areas of farming for the first time, so it covers the whole food chain from 'farm to fork'.
Anchor Point:6Will the new laws mean more Brussels red tape?
No, when the new EU legislation was being negotiated, the UK argued for flexible and pragmatic legislation. The legislative framework will now be more explicitly focused on the need to protect public health in a way that is effective, proportionate and based on risk.
Anchor Point:7Will the new regulations affect the public?
The regulations do not include any new requirements for members of the public (though they may need to comply with the regulations when serving food at events etc.) But the key aim of the new laws is to improve food safety, which should benefit the public by helping to reduce the number of cases of food poisoning.
Anchor Point:8What guidance is available on the new food hygiene laws?
The Food Standards Agency (FSA) has produced a draft guidance document for all sectors and three summary guides for different types of small businesses. This guidance focuses on what the legislation says, rather than how to comply with it. The guidance is now available on the internet from the Guidance on the new food hygiene legislation page on http://www.food.gov.uk/
The FSA has produced special packs to help small catering businesses comply with new regulations. This pack is called 'Safer Food Better Business' and you can obtain a copy of the SFBB pack from E.C Logistics. Please call on 0845 6060667 or email foodstandards@eclogistics.co.uk
Anchor Point:9Is any current EU legislation being removed as a result of the new food hygiene regulations?
Yes, the new EU food hygiene regulations effectively consolidate seventeen existing EU measures in the food hygiene area into just two. The revocation of the current seventeen measures from 1st January 2006 will remove the duplication and inconsistencies in approach that can cause difficulties both for businesses and enforcement authorities.
Anchor Point:10Is any UK legislation being removed from 1st January 2006?
From January 2006, the Food Hygiene (England) Regulations 2006 in England (and similar legislation in Scotland and Wales) will revoke and replace most of the existing food hygiene national legislation. In England, the full range of food hygiene national legislation revoked or amended is set out in Schedule 7 of the regulations.
Most of the actual requirements will not change. There will also be similar legislation in Northern Ireland.
The Food Hygiene (England) Regulations 2006 can be accessed on the 'Office of Public Sector Information (OPSI)' website.
Anchor Point:11Are there new rules covering microbiological criteria of foodstuffs?
Yes. The Microbiological Criteria for Foodstuffs Regulation will apply from 11 January 2006 and complements the EU food hygiene legislation. Microbiological criteria in current EC food legislation have been revised as part of a risk-based approach to food safety. The microbiological criteria can be used by food businesses to validate and verify their food safety management procedures and when assessing the acceptability of foodstuffs, or their manufacturing, handling and distribution processes.
Anchor Point:12Where can I get more detailed information on the new food hygiene legislation?
Contact Details
Public Health Directorate
Solihull MBC
Council House
Solihull
B91 QT
Telephone: 0121 704 6837
Fax: 0121 711 4742
Email: environmentalhealth@solihull.gov.uk