General Food Hygiene: Registration and Approval of Food Businesses

1 Introduction

Food business operators are under a duty to cooperate with food authorities and, in particular, every food business operator must notify the appropriate food authority with details of each establishment under its control that carries out any of the stages of production, processing and distribution of food. This must be done in the manner required with a view to the registration of each establishment.¹

Food business operators must also ensure that the appropriate food authority always has up-to-date information on establishments, which includes the notification of any significant change in activities and any closure of an existing establishment.

Establishments which are subject to approval under Regulation (EC) 853/2004, which lays down specific hygiene rules for food of animal origin, or which fall within the provisions of Article 1(2)(c) of Regulation (EC) 852/2004, which allows 'small quantities' of direct sales of primary products to take place outside EU hygiene regulations, are not required to register.

Registration ensures that food authorities know where food businesses are located and the nature of the activities undertaken on those premises making it possible for inspections to take place as may be required.

 

2 Registration of Food Businesses

2.1 Requirement to Register

The requirement to register is set out in Article 6(2) of the general food hygiene Regulation (EC) 852/2004. The first step is to consider whether an establishment is subject to Regulation (EC) 852/2004. The general food Regulation (EC) 178/2002 states that ‘food business’:

… means any undertaking, whether for profit or not and whether public or private, carrying out any of the activities related to any stage of production, processing and distribution of food.²

The definition is wide ranging and supplemented by recital (9) of Regulation (EC) 852/2004:

Community rules should not apply either to primary production for private domestic use, or to the domestic preparation, handling or storage of food for private domestic consumption. Moreover, they should apply only to undertakings, the concept of which implies a certain continuity of activities and a certain degree of organisation. (emphasis added)

The key point to consider is whether an activity amounts to an ‘undertaking’. Guidance published by the European Commission makes it clear that:

… the occasional handling, preparation, storage and serving of food by private persons at events such as church, school or village fairs are not covered by the scope of the Regulation.³

The difficulty arises in deciding at what point there is, in the words of the general food hygiene Regulation (EC) 852/2004, a “certain continuity of activities and a certain degree of organisation”. The FSA has also published guidance on Community and Charity Food Provision – Guidance on the Application of EU Food Hygiene Law. In general terms the guidance suggests that the provision of food less than once a month does not satisfy the requirement of “a certain continuity of activities” although where “a certain degree of organisation” is sufficiently complex it may still bring the activity within the requirement to register.

It is necessary to consider the risks inherent in the nature of the food to be provided, in short, tea and biscuits is low risk but a Japanese sushi presents rather different challenges involving more complex food safety controls. There are also risks which may be attributed to vulnerable consumer groups, such as the elderly and very young children.

Finally, consider the nature of the event. A distinction may be drawn between infrequent large scale events open to the public at large and small scale invitation-only events. Adopting this approach the guidance provides a range of situations unlikely to require registration and others which would require registration. The guidance should be consulted for further details.⁴

2.2 Process for Registration

The process is simple and involves completing and submitting a short form which may usually be obtained from the environmental health department of your local food authority and is often available online. The FSA has produced a model application form for use by food authorities⁵ but the version provided by your local food authority is the one which must be used.

Responsibility rests with food authorities for recording and maintaining details of food business establishments which have been registered. This includes establishments producing raw milk intended for direct human consumption other than raw cows' milk, such as, for example, raw goats' drinking milk sold at establishments registered with the food authority.⁶ The FSA, not food authorities, is responsible for the enforcement of the legislation in respect to raw cows’ drinking milk.

The competent authority is required to establish procedures⁷ for food business operators to follow when applying to register an establishment. These are set out in the Food Law Code of Practice (England)⁸ which, in summary provides:

• Food business operators should register their food business establishments with the appropriate food authority at least 28 days before food operations commence.

• Food business operators must provide the relevant food authority with full details of the activities undertaken when registering their establishments. An application form should be completed for each establishment under their control.

• Where a site has two or more food business establishments under the control of the same food business operator, each establishment under their control must be registered separately. A separate form should be completed for each establishment.

• Where a site has two or more food business establishments under the control of different food business operators each must be registered in its own right by its food business operator.

• Local food authorities are required to maintain a list of food business operators which have been registered.⁹

• Unitary authorities and district council food authorities should ensure that a separate up-to-date list of food business establishments registered with them is available for inspection by the general public at all reasonable times. The list should be consistent with the information held in the food authority’s database and include the name of the food business, address of the food business establishment, and particulars and nature of the food business. These authorities may give or send a copy of their list or any entry on it to any person who makes a request for such information. County council food authorities should refer requests from the general public for information on registered food business establishments in their area to the relevant district council food authority.

• On receipt of a completed registration form, food authorities should record the date of receipt on the form and ensure that, if there are any activities indicated on the form outside their enforcement remit, a copy is sent without delay to the relevant competent authority.

• Food authorities should enter relevant information from the registration form on to the database and lists of registered food business establishments. The registration form should then be placed on a file prepared in respect of that food business establishment.

• On receipt of a completed application form, food authorities should give consideration to carrying out an initial inspection of the establishment.

• Certificates of registration for food business establishments should not be issued to food business operators because of their potential to mislead consumers into believing that a food business establishment has ‘official approval’.

• On receipt of a notification of a change of activities food authorities should update the list of registered food business establishments as appropriate, and place or record the details on the file relating to that food business establishment. Notification of a change to the operator of a food business establishment should be made by the new food business operator.

• Vending machines are subject to the relevant provisions of Regulation (EC) 852/2004. If the only food related activity on the premises relates solely to vending machines, distribution centres where food for stocking vending machines is stored and/or from which food is transported to vending machines for stocking should be registered with the relevant food authority.

• In the case of vehicles and stalls at a market (whether or not stalls are provided by the controller of the market) which are used for transporting or preparing food or the sale of food to consumers within the area of a market, the food business operator should register the establishment in which their stocks of food to be sold are ordinarily kept with the relevant food authority.

• Moveable establishments other than those which form part of a market or operate within the area of a market, street food vendors, etc. should be registered by the food business operator with the food authority in the area in which they are ordinarily kept.

• Food business operators of non-registered establishments thought to be engaged in activities subject to Regulation (EC) 852/2004 should be asked by the food authority to complete a registration form as soon as possible.

 

3 Approval of Food Businesses

Where a food business is involved in handling food of animal origin it will normally need to be approved, not simply registered, before placing products on the market.¹⁰ Foodstuffs of animal origin present specific hazards to human health.

Responsibility rests with food authorities for the approval of establishments subject to approval under Regulation (EC) 853/2004 which are not subject to control by an official veterinarian. The establishments concerned are those which produce any, or any combination, of the following:

• Minced meat.

• Meat preparations.

• Mechanically separated meat.

• Meat products.

• Live bivalve molluscs.

• Fishery products.

• Raw milk (other than raw cows’ milk).

• Dairy products.

• Eggs (not primary production) and egg products.

• Frogs legs and snails.

• Rendered animal fats and greaves.

• Treated stomachs.

• Bladders and intestines.

• Gelatine and collagen.

• Certain cold stores and certain wholesale markets.

The FSA is responsible for the approval of establishments under the control of an official veterinarian in accordance with Regulation (EC) 854/2004¹¹ which sets out specific rules for the organisation of official controls on products of animal origin intended for human consumption. These establishments are slaughterhouses, game handling establishments, and cutting plants placing fresh meat on the market.

The approval of a food business, when compared to registration provides food authorities with an effective means to act rather than await the outcome of a prosecution. The food authority can simply withdraw its approval. The food business operator in this situation has a right of appeal.¹²

The process for the approval of food businesses under Regulation (EC) 853/2004 is more fully dealt with in the document on Food Hygiene: Products of Animal Origin - Approval of Food Businesses.