The Food Safety And Hygiene (England) Regulations 2013

Last updated:
2 September 2013
The purpose of this consultation is to seek comments on the current draft of the Food Safety and Hygiene (England) Regulations 2013, due to come into force in December 2013, noting that for the first time that the provisions for enforcement of food safety and food hygiene have been consolidated in England.

All comments and views should be sent to

David Gray

Hygiene and Microbiology, Food Standards Agency,
Floor 1, Aviation House, 125 Kingsway,
London WC2B 6NH

020 7276 8940
Responses are requested by: Sunday, 13 October 2013


Who will this consultation be of most interest to?
Those in the seeds for sprouting sector; all food businesses; all enforcers of food law; food examiners.

What is the subject of this consultation?
1. Draft of The Food Safety and Hygiene (England) Regulations 2013 which:

  • consolidates national legislation giving effect to EU food safety and food hygiene legislation in England
  • introduces provisions giving effect to a recent package of EU regulations for the seeds for sprouting sector and an amendment to The Food Safety (Sampling & Qualifications) Regulations 2013.

2. Impact Assessments on (i) the consolidation and (ii) the package of EU regulations for sprouts and seeds for sprouting.

What is the purpose of this consultation?

  • To invite stakeholders' comments on the current draft of the Food Safety and Hygiene (England) Regulations 2013, due to come into force in December 2013, noting that for the first time that the provisions for enforcement of food safety and food hygiene have been consolidated together in England.
  • To invite stakeholders' comments on the impact assessments for the consolidation and in particular to seek views on the costs and benefits of the recent package of EU Regulations on the sprouts and seeds for sprouting sector.
  • To invite stakeholders to note the amendment to the Food Safety (Sampling and Qualifications) Regulations 2013.
  • To otherwise raise awareness among food industry and enforcement stakeholders about the consolidation of the English national legislation.

Consultation details

Introduction: main two issues

1. Consolidated law - in England, concerns have been raised by food businesses that it can be difficult to find food safety law and food hygiene law relevant to them. By consolidating the two national Statutory Instruments (SIs) concerned into one, these provisions will be easier to find.

2. Sprouted seeds - following outbreaks in 2011 of food poisoning in Germany and France, sprouts, and seeds intended for sprouting, were identified as the most likely source. Consequently, the European Commission has introduced a package of regulations for the hygienic production of sprouts which are intended to safeguard public health. These regulations will be given effect in England in the new consolidated SI.

Impact Assessments (IAs) have been provided on these two issues, which set out in detail the implications. Stakeholders are invited to consider the IAs and comment on the FSA’s views of the impacts on costs on benefits.

Further information

This consultation has been prepared in accordance with HM Government Consultation Principles. If an Impact Assessment (Business Regulatory Impact Assessment in Scotland) has been produced, this is included in the consultation documents. If no Impact Assessment has been provided, the reason will be given in the consultation document.

We are interested in what you thought of this consultation and would therefore welcome your general feedback on both the consultation package and overall consultation process. If you would like to assist us to improve the quality of future consultations, please feel free to share your thoughts with us by using the consultation feedback questionnaire.

Publication of personal data and confidentiality of responses

In accordance with the FSA principle of openness we shall keep a copy of the completed consultation and responses, to be made available to the public on request. The FSA will publish a summary of responses, which may include personal data, such as your full name. Disclosure of any other personal data would be made only upon request for the full consultation responses. If you do not want this information to be released, please complete and return the Publication of Personal Data Form. Return of this form does not mean that we will treat your response to the consultation as confidential, just your personal data.

Publication of response summary

Within three months of a consultation ending we aim to publish a summary of responses received and provide a link to it from this page.

If, after three months, the summary is still not showing, please contact the person who was responsible for the original consultation. Alternatively, you can contact the FSA Consultation Co-ordinator by email: