Registration of childminders as food businesses in England

Food hygiene legislation applies to businesses that produce, transport, handle or supply food on a regular basis as part of or all of their activities. Such ‘food business operators’ are required to be registered and comply with food hygiene law in a way that is proportionate to the nature, size and risk of the business activities. The current FSA view is that childminders, using their own premises to supply food to children on a regular basis, require registration and must comply with the food hygiene laws.

It should be borne in mind that infants up to the age of five are recognised as a 'vulnerable group' as they do not have fully-developed immune systems and are more likely to suffer serious complications resulting from food poisoning.

The Food Standards Agency would be very interested to hear any comments or concerns you have about the current food hygiene requirements as they apply in relation to childminders.

The Agency would particularly welcome comment about the proportionality of the registration requirement. The RTC noted two comments on its website, which suggested that the registration requirement for childminders was a disproportionate burden and to also argued that childminders are low risk in food hygiene terms and the removal of this requirement would free up local authority resources. The FSA is considering whether the registration requirement for childminders could be removed without increased risk to public health.

To help you consider these issues, the Agency has set out the current approach to registering childminders as food businesses, as well as four possible alternative scenarios in Annexe A.

It should be noted that, currently, not all childminders have to register. For example, childminders undertaking certain very low risk activities are not regarded as a food business and registration is not a requirement. For further detail please see Annexe B.

Regardless of whether childminders are registered, there is an overriding requirement in European food law for safe food to be put on the market. This provides legal protection for consumers; it effectively applies to all activities outside of purely domestic settings, and it would apply to all the scenarios set out in Annexe A.

Information you provide will inform the development of any proposals to reduce regulatory burdens on childminders. Proposals will be progressed only if they do not appear to increase the risk to public health.

Responses are required by close 6 February 2012. Please state, in your response, whether you are responding as a private individual or on behalf of an organisation/company (including details of any stakeholders your organisation represents).

This consultation has been prepared in accordance with the HM Government Code of Practice on Consultation, which states that a consultation must follow better regulation best practice, including carrying out an Impact Assessment (Regulatory Impact Assessment in Scotland). The assessment is included in the consultation documents.

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.

Consultation feedback questionnaire (Word)

Consultation feedback questionnaire (pdf)

In accordance with the FSA principle of openness our Information Centre at Aviation House will hold a copy of the completed consultation. 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.

Data protection form (Word)

Data protection form (pdf)

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: consultationcoordinator@foodstandards.gsi.gov.uk