Food Hygiene Regulations 1974

Part 1
Registration of premises

4 Premises to be registered
  • (1) No person shall use any premises for the manufacture, preparation, packing, or storage of any food for sale, unless the premises are registered under the Health (Registration of Premises) Regulations 1966 (SR 1966/73) by a local authority and he or she is the holder of the certificate of registration.

    (2) No person shall use any premises—

    • (a) for the retail sale of cakes, sandwiches, or bakers' smallgoods; or

    • (b) as a delicatessen; or

    • (c) as an eatinghouse; or

    • (d) for the retail sale of meat or fish; or

    • (e) for the retail sale of fruit or vegetables; or

    • (f) as a grocery; or

    • (g) for the retail sale of ice cream or frozen confections; or

    • (h) for the retail sale of milk; or

    • (i) for the operation of a food vending machine; or

    • (j) as an auction mart where food is handled for sale—

    unless the premises are registered under the Health (Registration of Premises) Regulations 1966 (SR 1966/73) by a local authority and he or she is the holder of the certificate of registration.

    (3) In subclause (1), the term packing does not include—

    • (a) the wrapping of foods that are weighed, counted, or measured in the presence of the purchaser; or

    • (b) the packing on retail premises of dry foods in unsealed packages for sale on those premises; or

    • (c) the sorting, grading, or pre-packing of fruit or produce on orchards, farms, market gardens, or produce stores, for sale by wholesale.

    (3A) In subclause (1), the terms manufacture and preparation do not include the preprocessing of fruit or vegetables by stripping from stalks, sorting, or washing.

    (3B) In subclause (1), the term storage does not include keeping for retail sale on or from the premises in which the food is kept.

    (4) Subclauses (1) and (2) shall not apply to—

    • (a) the use of any premises by the Crown, or by a local authority within its own district; or

    • (b) any partially exempted premises; or

    • (c) any occasional food premises; or

    • (d) any eatinghouse that is not open to the public and is not used for any other purpose specified in subclause (1) or subclause (2); or

    • (e) any registered apiary within the meaning of subsection (1) of section 2 of the Apiaries Act 1969 in which no food is prepared or packed; or

    • (f) [Revoked]

    • (g) any licensed premises within the meaning of section 5 of the Sale and Supply of Alcohol Act 2012 (not being a restaurant within the meaning of that subsection); or

    • (ga) any premises in respect of which there is in force a licence under the Wine Makers Act 1981:

    • (h) [Revoked]

    • (j) any warehouse or wharf within the meaning of subsection (1) of section 2 of the Harbours Act 1950; or

    • (k) any warehouse that is part of an aerodrome within the meaning of section 2 of the Civil Aviation Act 1990; or

    • (l) any premises that, being a warehouse or store room, are food premises by reason only of the fact that they are used for the storage, and the handling in the course of storage, of food packed in containers; or

    • (m) any premises that are situated within the boundary of any airport named in Schedule 1 of the Health (Quarantine) Regulations 1983 (SR 1983/52); or

    • (n) any premises in which food is only supplied or sold—

      • (i) together with accommodation; or

      • (ii) incidentally to the rendering of any service in consideration of an inclusive charge for the food and the service.

    (5) On issuing a certificate of registration or noting any change in the occupation of any premises a local authority shall, if requested to do so by the applicant, deliver to him or her a copy of these regulations.

    (6) Notwithstanding subclause (5), a local authority may decline to deliver a copy of these regulations to any person unless he or she first pays to the local authority such reasonable charge as it may specify for the copy.

    Regulation 4(3A): inserted, on 21 October 1976, by regulation 2(1) of the Food Hygiene Regulations 1974, Amendment No 1 (SR 1976/268).

    Regulation 4(3B): inserted, on 21 October 1976, by regulation 2(1) of the Food Hygiene Regulations 1974, Amendment No 1 (SR 1976/268).

    Regulation 4(4)(e): amended, on 1 April 1979, by regulation 2(2) of the Food Hygiene Regulations 1974, Amendment No 1 (SR 1976/268).

    Regulation 4(4)(f): revoked, on 1 July 1997, by regulation 3 of the Food Hygiene Amendment Regulations 1997 (SR 1997/101).

    Regulation 4(4)(g): amended, on 18 December 2013, by section 417(2) of the Sale and Supply of Alcohol Act 2012 (2012 No 120).

    Regulation 4(4)(ga): inserted, on 1 April 1982, by regulation 19 of the Wine Makers Regulations 1982 (SR 1982/63).

    Regulation 4(4)(h): revoked, on 1 July 1997, by regulation 3 of the Food Hygiene Amendment Regulations 1997 (SR 1997/101).

    Regulation 4(4)(i): amended, on 1 April 1990, pursuant to section 230(2) of the Sale of Liquor Act 1989 (1989 No 63).

    Regulation 4(4)(k): amended, on 1 September 1990, pursuant to section 101(1) of the Civil Aviation Act 1990 (1990 No 98).

    Regulation 4(4)(m): amended, on 1 April 1983, pursuant to regulation 28 of the Health (Quarantine) Regulations 1983 (SR 1983/52).