The legal requirements concerning food premises and equipment are set out in the Food Safety (General Food Hygiene) Regulations 1995.

In addition, an employer must make sure the workplace complies with the requirements of the Workplace (Health, Safety and Welfare) Regulations 1992.

Managing premises and equipment

A proprietor of food premises can manage hygiene of premises and equipment by ensuring:
• a system is in place where staff are trained in the principles of food hygiene
• they follow operating procedures concerning cleaning, use and effective operation of equipment
• equipment is on a preventative maintenance schedule

Legal requirements - premises

The list below sets out the specific requirements with some notes on good practice and is based on information in the catering industry guide.

REQUIREMENTS PRACTICAL POINTS

1. Food premises must be kept clean and maintained in good repair and condition.  Clean means visually clean. High risk work surfaces should be cleaned at the end of each operation. Less risky surfaces, for example walls and extract ventilation, should be cleaned on a routine basis

A practical way to make sure cleaning is done is to have a schedule for each area or equipment specifying when it should be done, how it should be undertaken, and who undertakes it.

2. The layout, design, construction and size of food premises shall:

a) permit adequate cleaning and/or disinfection to protect against:
• accumulation of dirt
• contact with toxic materials
• shedding of particles into food
• formation of condensation or mould on surfaces
b) permit good food hygiene practices including protection against cross-contamination between:

• foodstuffs
• equipment
• materials and water
• air supply
• personnel
• external sources of contamination such as pests

c) provide, where necessary, suitable temperature conditions for the hygienic processing and storage of products. Construction materials should not be contaminant substances, eg materials which would introduce a toxic substance into food.

Avoid the use of material which sheds coating.
Design premises to prevent the build-up of condensation.
There should be sufficient space to allow high-risk food to be prepared on separate work surfaces and equipment. If this is not possible, then surfaces and equipment should be cleaned and disinfected between operations. Also, it is good practice to have pest control measures designed in buildings where possible as well as separate waste storage areas.

Air conditioning systems should be designed to ensure contaminated air is not routed into food preparation/storage rooms.

Food preparation and storage rooms should have temperature controls.

3. An adequate number of washbasins must be available, suitably located and designated for cleaning hands.
An adequate number of flush lavatories must be available and connected to an effective drainage system.
Lavatories must not lead directly into rooms in which food is handled.
What is deemed "adequate" depends on the size and layout of the premises. Washbasins should be used only for hand washing. In addition, they should be located near to toilet facilities.

Guidance states:

• It is good catering practice to site washbasins by the entrance to kitchens

• There should be intervening ventilated space between toilets and food rooms

• Staff and guest/customer toilets should be separate

• Toilets must not open directly into a room.

The Workplace (Health, Safety and Welfare) Regulations 1992 set out requirements in relation to toilets for employees.

4. Washbasins for cleaning hands must be provided with hot and cold (or appropriately mixed) running water, materials for cleaning and hygienic drying.
Where necessary, food washing facilities must be separate from hand washing facilities.
Soap or detergent must be provided. Towels on which the same part can be used more than once is not recommended.
A separate hand washing basin should be provided. It is good practice to have signage indicating which basin is for food and which is for hand washing.

5. There must be suitable and sufficient means of natural or mechanical ventilation.
Mechanical air flow from a contaminated area to a clean area must be avoided.
Ventilation systems must be constructed to enable filters and other parts requiring cleaning to be readily accessible.
Heat and/or humidity levels should not build up to levels that could compromise the safety of food. Good practice is an ambient temperature below 25°C.
Contaminated areas include waste storage areas and washing.
Access can be either direct or through access panels.

6. All sanitary conveniences within food premises shall be provided with adequate natural or mechanical ventilation.  Natural or mechanical ventilation should be used to prevent aerosols/odours

7. Food premises must have adequate natural and/or artificial lighting.  Lighting should allow food to be handled safely and cleaned effectively. Good practice recommends illumination levels from 150 lux in storerooms to 500 lux in preparation areas.

8. Drainage facilities must be adequate for the purpose intended and designed and constructed to avoid the risk of contamination of foodstuffs.  Solid and liquid waste should flow freely away in the direction from "clean" to "dirty" areas. For example, toilets should feed into the system after kitchen waste.

Appliances should be connected to the drainage system with an effective trap. Inspection points must be available in the drainage system - but should be adequately sealed.

9. Adequate changing facilities for personnel must be provided where necessary.  A changing area away from foods may be required, depending on the size of the operation. It is good practice to provide secure storage for personal items and a separate changing area if staff have to wear protective clothing.
 

Legal requirements - equipment

All articles, fittings and equipment that comes into contact with food shall be kept clean and:
• be in good order, repair and condition as to minimise any risk of food contamination
• with the exception of non-returnable containers and packaging, be constructed of materials and kept in good order, repair and condition to enable them to be kept thoroughly cleaned and, where necessary, disinfected, for the purposes intended
• be installed to allow adequate cleaning of the surrounding area.

Articles, fittings and equipment here includes work surfaces, food processing equipment, and utensils (crockery, glassware). Acceptable materials for equipment include:

• stainless steel
• food-grade plastics and laminates
• aluminium and tinned copper

Wood is not acceptable for use with "high risk" foods. Good practice recommends:

• not using unsealed wood or galvanised equipment where open food is used
• removing unused equipment for the premises

Cleaning of equipment

The Supply of Machinery (Safety) Regulations 1992 include provision on hygiene structure and design. Food equipment must be designed with smooth, durable surfaces to allow effective cleaning and disinfection. Surfaces where "high risk" food is handled must be disinfected. It is good practice to periodically disinfect equipment used for "low risk" foods. Installation should allow for cleaning. Alternatively, equipment should be movable to enable adequate cleaning and disinfection.

The level of cleaning depends on the use of the equipment. All equipment should be cleaned regularly and also if recently dismantled. Surfaces where "high risk" food has been handled should be disinfected.

Roy Tozer is a Partner in the Regulatory Group of DLA Piper Rudnick Gray Cary UK LLP. roy.tozer@dlapiper.com


Disclaimer