In keeping with approach taken in sections 10 and 11 of the 1990 Act, section 12 and regulation 8 of the Food Hygiene (England) Regulations 2006 deal with emergency prohibition notices and orders and hygiene emergency prohibition notices and orders respectively.
Section 12 provides that where an authorised officer is satisfied that the health risk condition is fulfilled with respect to any food business, s/he may serve notice on the proprietor of the business, known as an ‘emergency prohibition notice’ imposing the appropriate prohibition. The authorised officer then has three days within which to apply for and obtain an emergency prohibition order from a magistrates’ court otherwise the notice lapses.