Food Hygiene Regulations 1974

  • revoked
  • Food Hygiene Regulations 1974: revoked, on the close of 1 March 2019, by section 420(3)(a) of the Food Act 2014 (2014 No 32).
2 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

bakers’ smallgoods includes meat pies, meat pasties, meat savouries, and similar food containing meat

certificate of registration means a certificate of registration issued under the Health (Registration of Premises) Regulations 1966 (SR 1966/73) by a local authority

delicatessen means any premises used for the retail sale of cooked meat, cooked pastry containing meat, meat pies, meat pasties, meat savouries, cooked poultry, cooked fish, smoked fish, fish pasties, fish savouries, or similar cooked food, but does not include any butcher’s shop where the only kinds of cooked meat sold are luncheon sausage, saveloys, and similar cooked sausages enclosed in skins or casings

designated officer, in a provision of these regulations,—

(a)

means a person who is—

(i)

an officer within the meaning of the Food Act 1981; and

(ii)

for the time being designated by the Director-General for the purposes of that provision, any provision or provisions of which it forms part, or these regulations; and

(b)

includes the Director within the meaning of the Food Act 1981

Director-General means the chief executive of the department of State that, with the authority of the Prime Minister, is responsible for the administration of the Food Act 1981

food premises means—

(a)

any premises—

(i)

on or at which food is manufactured, prepared, packed, stored, or handled, for sale; or

(ii)

on or from which food is sold; or

(iii)

that is used in connection with any other food premises, for the purposes of their work, by persons who work on those other food premises:

(b)

any stall

frozen confection means a frozen product prepared from sugars or honey and other foods, but does not include ice cream

inspector means a person who is—

(a)

a designated officer; or

(b)

the environmental health officer of a territorial authority within the meaning of the Local Government Act 1974

liquor means alcohol (within the meaning of section 5 of the Sale and Supply of Alcohol Act 2012

milk includes any liquid form of milk from a milking animal, but does not include—

(a)

sealed packages of ultra-heat-treated milk; or

(b)

milk sold in tins that are hermetically sealed

occasional food premises means food premises that are used only for—

(a)

the sale of fruit, eggs, poultry, and vegetables, that are produced either on the land on which those premises stand or on land adjacent to the land on which those premises stand; or

(b)

for the preparation or handling of food for sale, or for the sale of food, on special occasions

occupier means—

(a)

in relation to registered premises, the person whose name appears in the record of registration kept by the local authority pursuant to regulation 8 of the Health (Registration of Premises) Regulations 1966 (SR 1966/73) as the holder of the certificate of registration issued in respect of those premises:

(b)

in relation to food premises (other than a movable stall, or a part of a ship or aircraft) that are not registered premises within the meaning of these regulations, but are registered or licensed under any other enactment, the person in whose name the premises are so registered or licensed:

(c)

in relation to any movable stall that is not for the time being situated within other food premises, the person in charge of the stall:

(d)

in relation to any part of a ship or aircraft, the captain of the ship or aircraft:

(e)

in relation to food premises of the Crown, to which none of paragraphs (a) to (d) apply, the manager or other person in charge of those premises:

(f)

in relation to any other food premises, the person legally in occupation of those premises

on, in relation to any premises, includes in those premises

partially exempted premises means food premises that are part of—

(a)

a hospital, boardinghouse, residential home, or educational or charitable institution, in which food is sold only to persons who live, study, or work in, or attend that establishment, or to visitors of any of those persons; or

(b)

a hospital or charitable institution from which food is sold otherwise than for profit to persons who are not living, studying, or working in, or attending that establishment; or

(c)

a ship, aircraft, or railway train

perishable food means food that is of such a type or is in such a condition that it may spoil

premises

(a)

where it appears in Part 1 and in regulation 83, and in Schedule 1, has the same meaning as it has in the Health Act 1956; and

(b)

where it appears in any other provision in these regulations, means any room or place, or any part of a ship, aircraft, or train

readily perishable food means food for sale that consists wholly or partly of milk, milk products, eggs, meat, poultry, fish, or shellfish, or ingredients that are capable of supporting the progressive growth of microbiological organisms that can cause food poisoning or other food-borne illness

registered premises means premises (within the meaning of Part 1) that are registered under the Health (Registration of Premises) Regulations 1966 (SR 1966/73) pursuant to regulation 4

sealed containers includes all forms of containers that are hermetically sealed, sealed jars with anchor and crown type closures, milk bottles sealed with aluminium caps, glass jars and bottles with screw caps, and cans and similar containers with or without hermetic seals

single service article means any appliance, container, implement, utensil, or wrapper, that is intended for use only once in the preparation, storage, display, consumption, or sale of food

stall includes any movable stand, mobile shop, road vehicle, fishing vessel, or similar structure, vehicle, or vessel, on or at or from which food is sold

wine has the same meaning as it has in section 5 of the Sale and Supply of Alcohol Act 2012

worker means, in relation to food premises,—

(a)

any person who is working on those premises:

(b)

the occupier of those premises:

(c)

any person who is managing those premises.

(2)

In these regulations, unless the context otherwise requires, expressions used have the same meanings as they have in the Health Act 1956 or the Food and Drug Act 1969.

(3)

Where a room or place is used in the course of trade or business for more than 1 purpose, or is used as an auction mart, and the only part of that room or place used for the manufacture, preparation, packing, storage, or handling of food—

(a)

has been set aside exclusively for that purpose; and

(b)

is located in a position approved for that purpose by an inspector; and

(c)

is separated from the other parts of the room or place in a manner approved by an inspector—

only that part of the room or place shall be deemed for the purposes of these regulations to be food premises.

(4)

No 2 or more rooms or places shall be deemed to be separate food premises for the purposes of these regulations by reason only of the fact that any operation of manufacturing, preparing, packing, storing, handling, or selling food is carried out in one room or place while any other of those operations is or are carried out in another room or place or other rooms or places.

(5)

For the purposes of these regulations, and without limiting the meaning of the expression for sale, food shall be deemed to be for sale if, having been ordered, purchased, or sold, it is held for delivery to the purchaser or is in the process of delivery to the purchaser by the vendor or by any employee or agent of the vendor.

Regulation 2(1) designated officer: inserted, on 1 July 2002, by section 9(2) of the Food Amendment Act 2002 (2002 No 26).

Regulation 2(1) Director-General: inserted, on 1 July 2002, by section 9(2) of the Food Amendment Act 2002 (2002 No 26).

Regulation 2(1) frozen confection: inserted, on 1 June 2006, by section 11(1)(e) of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005 (2005 No 27).

Regulation 2(1) inspector: replaced, on 1 July 2002, by section 9(2) of the Food Amendment Act 2002 (2002 No 26).

Regulation 2(1) liquor: replaced, on 18 December 2013, by section 417(2) of the Sale and Supply of Alcohol Act 2012 (2012 No 120).

Regulation 2(1) milk: replaced, on 1 June 2006, by section 11(1)(e) of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005 (2005 No 27).

Regulation 2(1) readily perishable food: amended, on 1 June 2006, by section 11(1)(e) of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005 (2005 No 27).

Regulation 2(1) wine: amended, on 18 December 2013, by section 417(2) of the Sale and Supply of Alcohol Act 2012 (2012 No 120).