Food and Drink: Safety Requirements
These regulations relate to the safety of manufactured, sold and imported food and drink. For instance, they aim to ensure that food is not contaminated with harmful microorganisms or chemicals and that people with allergies or food intolerances are protected. They affect all food businesses, including caterers, hotels, primary producers (such as farmers), manufacturers and, retailers. They also cover the licensing, inspection and reporting regimes which govern the meat production and processing industries.
You can find all the regulations that relate to food and drink safety requirements below to the left.
| The Food Additives (England) (Amendment) Regulations 2011
Establishes purity criteria for certain food additives.
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| The Plastic Materials and Articles in Contact with Food (England) (Amendment) Regulations 2011
Prohibits the manufacture, sale and import of plastic feeding bottles for infants that are manufactured using Bisphenol A.
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| The Flavourings in Food (England) Regulations 2010
Provides for safe use of flavourings in food and labelling for consumer information. |
| The Food Irradiation (England) (Amendment) Regulations 2010
Amends the list of facilities where food irradiation can take place. |
| The Foodstuffs Suitable for People Intolerant to Gluten (England) Regulations 2010
Puts in place compositional criteria related to the claims ‘gluten-free’ and ‘very low gluten’ for foods specifically manufactured for people who are intolerant to gluten. |
| The Materials and Articles in Contact with Food (England) Regulations 2010
Puts in place safety requirements for active and intelligent food packaging systems. |
| The Food for Particular Nutritional Uses (Miscellaneous Amendments) (England) Regulations 2010
Establishes a list of substanceds permitted in foods for particular nutritional uses.
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| The Official Feed and Food Controls (England) Regulations 2009
Sets out arrangements for the monitoring and enforcement of feed and food law requirements, including import controls to food anf feed not of animal origin posing a known or emerging risk to human health. |
| The Food Additives (England) Regulations 2009
Provides for the safe use of permitted additives, including colours and sweeteners in food. |
| The Food Enzymes Regulations 2009
Provides for the safe use of food enzymes. |
| The Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (England) Regulations 2009
Establishes a list of substances permitted in foods for particular nutritional uses.
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| The Food Irradiation (England) Regulations 2009
Restricts the use of ionising radiation on food and control the facilities where this can take place. |
| The Meat (Official Controls Charges) (England) Regulations 2009
Sets out the requirement for fees to be collected in respect of the costs of official controls in meat plants.
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| The Plastic Materials and Articles in Contact with Food (England) Regulations 2009
Introduces a positive list of additives approved for use in the manufacture of plastic materials and articles intended to come into contact with foods and makes amendments to the lists of approved monomers and additives. |
| The Specified Products from China (Restriction on First Placing on the Market) (England) Regulations 2008
Prohibits unauthorised genetically modified organism “Bt 63″ in rice products
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| The Infant Formula and Follow-on Formula (England) Regulations 2007
Prohibits the marketing of infant formula or follow-on formula unless certain conditions are met.
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| The Fishery Products (Official Controls Charges) (England) Regulations 2007
Sets out the requirement for fees to be collected in respect of the costs of official controls relating to fishery products.
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| The Nutrition and Health Claims (England) Regulations 2007
Regulates what health and nutrition claims are based on to help provide clarity for consumers.
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| The Addition of Vitamins, Minerals and Other Substances (England) Regulations 2007
Lays down the composition and labelling requirements for this category of foodstuff.
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| The Quick-frozen Foodstuffs (England) Regulations 2007 |
| The Notification of Marketing of Food for Particular Nutritional Uses (England) Regulations 2007
Restricts the sale of foods for particular nutritional uses (PNU foods).
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| The Ceramic Articles in Contact with Food (England) Regulations 2006
Sets limits on the amount of lead and cadmium that may be transferred from ceramic articles into food. |
| The Food Hygiene (England) Regulations 2006
Sets out the requirements for food businesses to achieve the hygienic production of food and provide for the enforcement of this.
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| The Tryptophan in Food (England) Regulations 2005
Prohibits the addition of tryptophan to food and the sale of food containing tryptophan up to 220mg per daily dose.
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| The Smoke Flavourings (England) Regulations 2005
These regulations set out rules around smoke flavourings used or intended for use in or on foods |
| The Food with Added Phytosterols or Phytostanols (Labelling) (England) Regulations 2004
Together with EU legislation these regulations require the labelling of foods with added Phytosterols or Phytostanols.
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| The General Food Regulations 2004
Prohibits the placing of unsafe food on the market and misleading consumers through the labelling, advertising or presentation of food and provide for the enforcement of this
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| The Genetically Modified Food (England) Regulations 2004
Sets out application requirements for the authorisation of new genetically modified organisms for use in food.
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| The Processed Cereal-based Foods and Baby Foods for Infants and Young Children (England) Regulations 2003
Prohibits the sale of Cereal-based Foods and Baby Foods for infants and young children unless they comply with compositional and labelling requirements. |
| The Food Supplements (England) Regulations 2003
Regulates the sale of food supplements, with specific requirements regarding labelling, safety and composition concerning the vitamins and minerals which may be used in food supplements.
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| The Kava-kava in Food (England) Regulations 2002
Prohibits the sale, possession for sale, offer, exposure or advertisement for sale, and the importation into England from outside the United Kingdom, of any food consisting of, or containing Kava-kava.
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| The Medical Food (England) Regulations 2000
Prohibits the sale of certain dietary foods for special medical purposes unless they comply with rules as to formulation, composition, instructions for use, naming and labelling.
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| The Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997
Provides specific labelling controls on foods which are meal replacements or total diet replacements for this category of foodstuff.
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| The Novel Foods and Novel Food Ingredients (Fees) Regulations 1997
Establishes a scale of fees to be paid for processing requests to assess novel foods and novel food ingredients.
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| The Novel Foods and Novel Food Ingredients Regulations 1997
Sets out detailed rules for the authorisation of novel foods, ingredients and processes. |
| The Extraction Solvents in Food Regulations 1993
Defines permitted extraction solvents used for food production and conditions for their use.
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| The Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) (England) Order 1991
Prevents food which is derived from sheep which have been or may have been rendered unsuitable for human consumption because of increased levels of radioactivity.
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| The Food Safety (Sampling and Qualifications) Regulations 1990
Specifies the qualifications necessary to be a public analyst, food analyst or food examiner |
| The Ungraded Eggs (Hygiene) Regulations 1990
Prohibits the retail sale of cracked eggs by producers on their own farms, in local public markets or by door to door selling.
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| The Authorised Officers (Meat Inspection) Regulations 1987
Specifies the qualifications to be held by an officer to act in relation to the examination and seizure of meat.
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| The Chloroform in Food Regulations 1980
Prevents the sale or importation of any food which has any added chloroform.
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| The Erucic Acid in Food Regulations 1977
These Regulations set the maximum level of erucic acid in oils and fats for human consumption.
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| The Mineral Hydrocarbons in Food Regulations 1966
Prohibits the use, subject to certain exemptions, of mineral hydrocarbons in the composition, sale or importation of food.
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| The Arsenic in Food Regulations, 1959
Sets the maximum amount of arsenic to be present in food. |
Tell us what you think should happen to these regulations and why, being specific where possible:
- Should we scrap them altogether?
- Could their purpose be achieved in a non-regulatory way (eg through a voluntary code?) How?
- Could they be reformed, simplified or merged? How?
- Can we reduce their bureaucracy through better implementation? How?
- Can we make their enforcement less burdensome? How?
- Should they be left as they are?





There should not be a reduction in the current food legislation and the current E.coli outbreak is testament to that. The EU legislation needs to be implemented throughout the member states in the same way and therefore some of the issues in relation to the selling of unpasteurised milk cheeses at room temperature would not happen in France. Where possible, local authorities are already combining Food Safety and Health & Safety inspections to reduce the burden on businesses and are taking a risk based approach to the prioritisation of inspections.
The main change that is required is that food businesses are licensed and one of the licensing requirements needs to be a formal food hygiene qualification for all employees working with high-risk open food. Licensing requirements would also mean that food businesses would not be able to open without an inspection to check on their compliance. The removal of the requirement for a documented food safety management system for small premises such as newsagents selling pre-packed sandwiches and milk but they must temperature monitor and record the temperature of their refrigerated units as a control at the premises. A documented system does not mean that the food that they are producing is safe as it tends to be a desk top exercise that is what the food business operator thinks you want written down and not the practices followed within the premises. In the current climate, there are more and more food businesses cropping up without any understanding of even the basics of food hygiene and these are the businesses that need our attention.
As a recently retired manager of a food safety team in one of the largest London Boroughs my main comment on improving food safety legislation is the need to clarify the rules – especially the rules regarding what food businesses require an EC approval number from a local authority. I think that the current rules are too onerous for small and medium scale businesses especially for those innovative entrepreneurs trying to start up a new business. I can see how a large scale business should need to abide by more stringent hygiene rules, but the way the current legislation (EC Regulation 853/2004) is interpreted by the Food Standards Agency is inhibiting the setting up of small food manufacturing businesses. Perhaps this could be looked at when the FSA next revises the Food Law Code of Practice.
Along with many other food safety practitioners I believe that all food businesses should be required to obtain a licence to operate. At present this is a simple registration which a local authority cannot refuse. If a food business operator is consistently non-compliant then there should be power to remove a licence and stop the business operating. The food safety team I led found Scores on the Doors to be a significant driver in improving food hygiene standards. However, there should be one national scheme (the FSA model) rather than the plethora of local schemes as at present. This is confusing for businesses and consumers alike. In common with other countries such as Canada, it should be mandatory for all food businesses to display their hygiene rating scores in a conspicuous place on their premises.
The question of food hygiene training is also complex. At present under the EC legislation, there is no requirement for food handlers to attend a formal course, pass an exam or undertake any refresher training. The current situation is confusing for both food business operators and enforcement officers. The rules again need to be clarified.
To actually change food safety law requires EC approval as any changes would have to apply across the European Union. However, there needs to be much better interpretation of the law for both food business operators and for food safety enforcement officers.
This is a general comment that food businesses, particularly those dealing in a number of food and drink categories, are subject to a high number of compliance, enforcement and licensing inspections (e.g. general hygiene, weights and measures, pharmeceuticals, alcohol, eggs, on site catering, labelling) carried out by a number of agencies and third party certification bodies. It would greatly simplify and reduce burden if such inspections could be rationalised to one enforcement agency visit (or even just fewer than current) and the use of third party certifications such as GFSI accredited schemes were recognised.