Breach of Food Safety and Food Hygiene Regulations (Food Safety and Hygiene (England) Regulations 2013)

Breach of Food Safety and Food Hygiene Regulations is an offence under reg.19(1) of the Food Safety and Hygiene (England) Regulations 2013: subject to paragraphs (4) to (9), any person who contravenes or fails to comply with any of the specified EU provisions commits an offence. Paragraphs (4) to (9) set out circumstances in which a person is to be considered not to have contravened particular provisions of Regulation 852/2004 and Regulation 853/2004 (reg.19(4) to (9)). Maximum sentence: on summary conviction, a fine not exceeding the statutory maximum; on conviction on indictment, imprisonment for a term not exceeding two years, a fine or both (reg.19(2)). Where an offence under the Regulations committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer, that person as well as the body corporate is deemed to commit the offence (reg.20(1)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).