clarification of approval requirements
Under the Food Hygiene Regulations food
business establishments (other than retail) that produce or handle
food of animal origin must, with some exceptions, be approved by
the competent authority. A recent High Court case has clarified
that it is the food business establishment as a whole and not just
the premises that is required to be approved.
It was held that ‘establishment denotes both
premises and the manner in which those premises are being used by
the food business operator. Thus approval is required for a food
business or unit of a food business and not merely for the premises
from which the business is conducted’.
The defendant food company had insisted that
they believed that approval was in force, having been transferred
from its predecessor at the same premises. However, as it is the
establishment and not the premises that are approved an approval
cannot be transferred. In this respect the Court held that the Food
Standards Agency’s Food Law Practice Guidance was incorrect in
suggesting that there is no need for approval if the new operator
of an establishment continues the activities for which approval was
granted in the past. This guidance did not take into account the
definition of establishment in the EU Food Hygiene Regulations.
This case also highlights the obligations of
the food business operator under the Food Hygiene Regulations and
that it is the food business operator’s responsibility to ensure
compliance with the requirements of the relevant food law.
