Regulation (EC) No 852/2004 on Food Hygiene
The legal basis for HACCP in the UK
Regulation (EC) No 852/2004 is the principal EU regulation on the hygiene of foodstuffs. It was retained in UK law after Brexit and continues to apply to all food businesses. Article 5 of the regulation contains the legal requirement for HACCP: all food business operators must put in place, implement, and maintain a permanent procedure or procedures based on HACCP principles. HACCP stands for Hazard Analysis and Critical Control Points, a systematic approach to identifying food safety hazards and putting controls in place to prevent them. The regulation also sets out general hygiene requirements in its Annexes, covering premises, equipment, food waste, water supply, personal hygiene, food handling, wrapping, transport, and heat treatment. For smaller businesses, the regulation acknowledges that HACCP can be implemented flexibly, and the FSAs SFBB (Safer Food Better Business) packs are accepted as a proportionate way to meet this requirement.
Key Requirements
HACCP-based food safety management procedures
Food business operators must have permanent procedures based on HACCP principles. These must identify hazards, determine critical control points, establish critical limits, set up monitoring, define corrective actions, verify the system, and document everything.
General hygiene requirements (Annex II)
Premises must be clean and maintained. Equipment must be properly cleaned. Adequate handwashing and toilet facilities must be provided. Food waste must be managed. Water supply must be potable.
Personal hygiene standards
Every person working in a food handling area must maintain a high degree of personal cleanliness and wear suitable clean clothing. Anyone suffering from a disease likely to be transmitted through food must not be permitted to handle food.
Training obligation
Food business operators must ensure that food handlers are supervised, instructed, and/or trained in food hygiene matters commensurate with their work activity.
Flexibility for small businesses
The regulation recognises that HACCP should be implemented with flexibility. For small businesses with simple operations, guides to good practice (such as SFBB) can replace formal HACCP documentation.
Record-keeping
Documentation and records must be commensurate with the nature and size of the business. Records must be kept for an appropriate period and made available to competent authorities on request.
What Your Business Must Do
Implement HACCP or SFBB
Set up a documented food safety management system. For most small to medium businesses, completing an SFBB pack meets the HACCP requirement. Larger or more complex operations need a full HACCP plan.
Identify all food safety hazards
Conduct a hazard analysis covering biological hazards (bacteria, viruses), chemical hazards (cleaning products, allergens), and physical hazards (foreign objects).
Establish monitoring procedures
Set up checks and monitoring for each critical control point, such as temperature checks, cooking time records, and delivery inspections.
Define corrective actions
Document what to do when monitoring shows a critical limit has been breached. For example, what to do if a fridge is found above 8C.
Review and update regularly
Review your HACCP/SFBB system regularly and whenever you change your menu, equipment, suppliers, or processes.
Penalties for Non-Compliance
Failure to implement HACCP-based procedures
Up to 2 years imprisonment and/or an unlimited fine. This is enforced through the Food Hygiene (England) Regulations 2006 which implement this requirement.
Failure to meet general hygiene requirements
Improvement notices, prosecution with an unlimited fine, or hygiene emergency prohibition in serious cases.
Failure to keep adequate records
Lower food hygiene rating, improvement notices, and potential prosecution for persistent non-compliance.
How Paddl Helps
Full HACCP plan builder
Create comprehensive HACCP plans with AI assistance, covering hazard analysis, CCPs, critical limits, monitoring, and corrective actions.
Digital SFBB packs
Complete your SFBB documentation digitally, meeting the HACCP requirement with the FSAs approved simplified approach.
Routine monitoring and sign-off
Set up digital routines for temperature checks, cleaning, and other monitoring tasks with staff sign-off.
Automatic record keeping
All checks, temperatures, and sign-offs are automatically timestamped and stored, creating the records required by the regulation.
Frequently Asked Questions
Is HACCP a legal requirement in the UK?
Yes. Article 5 of Regulation (EC) No 852/2004 (retained in UK law) requires all food business operators to implement procedures based on HACCP principles. This applies to every food business regardless of size.
Can I use SFBB instead of a full HACCP plan?
Yes. The regulation allows flexibility for small businesses. The FSAs SFBB packs are designed to meet the HACCP requirement in a proportionate way for smaller catering businesses. EHOs accept SFBB as compliance with this requirement.
What are the 7 HACCP principles?
The 7 principles are: (1) conduct a hazard analysis, (2) determine critical control points (CCPs), (3) establish critical limits, (4) establish monitoring procedures, (5) establish corrective actions, (6) establish verification procedures, and (7) establish documentation and record-keeping.
Does this regulation still apply after Brexit?
Yes. Regulation (EC) 852/2004 was retained in UK domestic law under the European Union (Withdrawal) Act 2018. It continues to apply as "retained EU law" (now known as "assimilated law") and is enforced by local authorities.
How often should I review my HACCP plan?
You should review your HACCP plan at least annually and whenever there is a significant change to your business, such as new menu items, new equipment, new premises layout, new suppliers, or after a food safety incident.
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