Food Safety (general Food Hygiene) Regulations 1995

[Emerio Boykins]

Thesereplace the Food Safety (General Food Hygiene) Regulations 1995 and the Food Safety (Temperature Control) Regulations 1995. They set out the basic hygiene requirements for all aspects of a food business including the responsibilities of food business operators to produce food safely.

Almost all of the requirements in the new regulations are the same as the regulations they replace. The main new requirement is that food business operators must put in place, implement and maintain a Food Safety Management System, or procedures, based on the HACCP principles. The legislation is structured in this way so that it can be applied flexibly in all food businesses regardless of their type or size.

Operating within a food business, whether it be directly dealing with and handling food, or perhaps just working in management, means abiding by the law. Just like any other sector, there are a number of regulations in the food industry that must be followed to ensure that both consumers and employers are as safe as possible.

Food handlers, manufacturers and producers are required to follow many regulations to ensure both consumers and employers are safe. In this article, we take a look at The Food Safety (General Food Hygiene) Regulations 1995 and explain what it covers and how your food business can ensure that you comply.

In the UK, any property that prepares food (restaurants, food manufacturers, cafes etc) needs to be registered with the local authority. Here, environmental health officers will ensure that the correct procedures and standards are being adhered to and ensure that you are complying with legislation like the Food Safety Regulations 1995.

UK food hygiene regulations like The Food Safety (General Food Hygiene) Regulations 1995 are enforced by the Food Standards Agency (FSA). This is a non-ministerial department that works to ensure that businesses are performing their duties under food safety law.

Chapter 3 gives advice for food businesses that are temporary premises, such as a stall or a food van, and outlines what these premises must have in order to allow good food hygiene to be practised. Chapter 4 outlines how food transportation can be done in a way that does not present a food hygiene risk, such as using specific containers and keeping products separate to avoid contamination.

Chapter 9 explains that food businesses should not accept and serve any food products that they know to be contaminated and should ensure that their products and ingredients are stored in a way that prevents harmful pathogens from growing. Any substances that are hazardous and not suitable for consumption must be stored away from ingredients, and all products must be stored in a way that prevents the risk of contamination.

Finally, Chapter 10 states that any employee who handles food must be trained to an appropriate level of food hygiene awareness so that they understand the principles of food safety, sanitation and the importance of good personal hygiene. The regulation states that employers must ensure that all food handlers are supervised, instructed and trained in food hygiene matters to a level appropriate to their job.

Food safety is something that all businesses and food handlers must take seriously. If employees are placed in an environment that is unsafe because regulations have not been followed, not only could the employer face imprisonment, but staff could be in danger of harm or, in the worst case, death.

Food safety procedures that are used in businesses are modelled on a range of different regulations and pieces of official guidance. The Food Safety Regulations 1995 is one of these, but other commonly referenced pieces of legislation include The Food Standards Act 1999 and The Food Safety Act 1990.

The Food Safety (General Food Hygiene) Regulations 1995 are one of the key safety regulations that apply to people and businesses that handle food as part of their role. Other relevant regulations that cover food handling include The Food Safety Act 1990, The General Food Law (EU Exit) Regulations 2019 and The Food Safety and Hygiene (England) Regulations 2013.

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The Food Safety (Temperature Control) Regulations 1995 ("Regulations") require potentially dangerous foods to be held at or below 8C or above 63C. Certain deviations from this are allowed for practical considerations relating to, for example, processing or handling food as long as food safety is not put at risk.

The Regulations do not list specific foods which need to be held under temperature control conditions and the onus is placed on the food businesses to decide for themselves which foods should be held under temperature control. The foods which most commonly cause illness are listed in document HS3016k.doc on hazardous foods.

Under the Food Safety (General Food Hygiene) Regulations 1995, food businesses are required to identify "food hazards" and ensure that controls are in place to eliminate or minimise risks to consumers.

Businesses should understand which foods need to be chilled and controlled and appreciate the consequences of non-compliance. Monitoring storage temperatures and formally logging them may be helpful in ensuring food safety. Although logging is not a specific legal requirement, it may help some food businesses to control food hazards.

A code of practice lists some examples for general guidance. There are general exemptions from these chill holding requirements, but these place the emphasis on food safety and generally, there must be no risk to health in storing the food above 8C. Examples of exempted foods include food that requires ripening at temperatures over 8C and food that is part of a mail order transaction.

Regulation 10 states that, as a general rule, no catering or food business can keep food at temperatures that are likely to support the growth of the pathogenic micro organisms that can cause food poisoning.

This all-purpose requirement applies to all forms of temperature control. In other words, a person can be guilty of an offence under Regulation 10 but could have complied with the chill and hot holding requirements of Regulations 4 and 8.

The regulations on temperature control are enforceable by the relevant food authority and the food premises must be inspected by inspectors regularly. The frequency of visits will be determined by the risk associated with the business. It is advisable for food businesses to adhere to a relevant guide for good hygiene practice as this will be taken into consideration by the relevant food authority.

There are many online sources of advice and information on how to comply with hygiene legislation, in particular at www.food.gov.uk. You can find advice on all hygiene topics at this website, and download replacement copies of the Safer Food Better Business pack.

On the basis of the activities carried out, certain food business establishments have to be approved rather than registered. If you are unsure whether any aspect of your food operations would require your establishment to be approved, please contact the Food Safety Team on the number provided in the links section opposite.

From 1 January 2006 new European Community Food Hygiene Regulations replaced the now revoked Food Safety (General Food Hygiene) Regulations 1995. In practice the main change relates to food safety management, and will require the documentation of arrangements for making sure that food sold to customers is safe.

A number of packs have been developed which assist businesses to comply with the above Regulations. Click here for an explanation of HACCP, and examples of HACCP plans in alternative languages. Alternatively follow the links opposite for further examples of Food Safety Management Systems.

The Chartered Institute of Environmental Health website provides detailed information on the levels of food hygiene training available and provides a searchable database of training companies that offer training courses.

As a leading food hygiene training company, we understand the significance of maintaining excellent standards in any kitchen. Care homes are placed under just as much scrutiny when it comes to food hygiene standards as commercial kitchens.

In this blog, we will explore the key aspects of food hygiene in care homes, including why food hygiene is of particular importance, the key food safety best practices and an introduction to the framework of food hygiene regulations and guidelines that care homes need to adhere to. In addition, we will address some of the unique challenges that care homes face when it comes to food safety.

Food hygiene in care homes is a hugely important aspect of ensuring the welfare and safety of residents, as often these are individuals who may be more vulnerable to foodborne illnesses and food hazards.

Older adults, individuals with underlying health conditions, or those with weakened immune systems are more susceptible to foodborne illnesses. Proper food hygiene practices minimise the risk of foodborne pathogens which can cause severe illnesses or complications in this vulnerable population.

As a result, care home staff have a duty to ensure that all of those in their care are not under threat from food poisoning and any other food-associated illnesses by the adoption of the highest possible standards of food hygiene, food storage, food preparation and food serving.

Maintaining rigorous food hygiene in care homes is essential for safeguarding the health, well-being, and safety of residents. It contributes to a comfortable and nurturing environment where residents can enjoy meals with confidence.

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