Food Law News - UK - 2006

FSA Consultation Letter, 4 July 2006

HYGIENE - Draft guidance on temperature control legislation

As a result of changes in European food hygiene regulations on 1 January 2006 , the Agency intends to issue new guidance on temperature control legislation in England , Wales and Northern Ireland . A draft of this guidance is now available and comments are being sought before the final guidance is issued.

[A copy of the draft guidance is available on this site: Draft temperature control guidance]


On 1 January 2006 the Food Safety (Temperature Control) Regulations 1995 were revoked. Schedule 4 of the Food Hygiene ( England ) Regulations 2006 (SI 2006/14) and its equivalents in the devolved administrations re-makes the majority of the requirements from the 1995 regulations. However, regulation 10 (the general requirement) and 11 (cooling of foods) are now contained within EC Regulation 852/2004, Annex II, Chapter IX, part 5 and 6 respectively.

As part of the implementation of the new Regulations, the Agency is issuing guidance on these requirements. The majority of the text in the document has not changed from the guidance previously issued by the Department of Health on the 1995 Regulations.

Although a formal consultation is not required, the Agency wishes to seek views from outside the FSA before it moves to publishing the guidance.

The guidance is intended to help explain for food businesses and enforcement authorities the food temperature control requirements, that will operate in England , Wales and Northern Ireland .

Separate guidance will be available in Scotland , where different national rules apply.

The guidance contains advice on the types of foods that are required to be held under temperature control. It also gives guidance on the circumstances when some flexibility from the temperature control requirements is allowed.

The guidance is intended to complement best practices in the food industry, which might involve, for example, keeping foods at chill temperatures below the legal maximum and thereby providing additional assurances of food safety.

Responses are requested by: Friday 18 August 2006

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