Food Safety and Hygiene

A Hygiene Improvement Notice is a formal notice served to a business by the Local Authority’s Environmental Health Officer (EHO) when they believe the business isn’t complying with the relevant food hygiene regulations. 

This could be for several reasons, including pest infestations, inadequate handwashing facilities, poor hygiene in food preparation areas, or improper food storage and handling. 

The notice will: 

• State the grounds under which the EHO believes there has been a breach  

• Specify what needs to be addressed 

• Outline what measures need to be taken to comply with the law 

• Set a timeframe for the improvements to be made. This is usually at least 14 days.  

If your business has received a Hygiene Improvement Notice, it’s crucial to take it seriously and ensure you are complying. Our lawyers can help you understand the notice, ensure that the correct procedure is followed and the notice is valid, and provide advice on remedial action. Please get in touch to find out more.

A Hygiene Improvement Notice doesn’t have a fixed end date. It remains in place until the EHO is satisfied that the improvements have been made, and the business is compliant with all relevant regulations.  

The business will have a set timeframe to make the improvements, after which the EHO will conduct a follow-up inspection to make sure they’re in place. Once they are satisfied that the issues have been addressed, the notice will be lifted, although the business has an ongoing legal obligation to comply with all food safety and hygiene regulations.  

If the EHO is not satisfied that improvements have been made within a reasonable timeframe, further enforcement action may be taken. 

A Hygiene Emergency Prohibition Notice is a serious enforcement action taken by an Environmental Health Officer if they have identified a serious breach of food safety regulations that poses an immediate risk to public health.  

This could be for several reasonns, including a severe pest infestation, serious food contamination, or extremely poor hygiene practices.  

Unlike a Hygiene Improvement Notice, which sets out a timeframe for improvement, a Hygiene Emergency Prohibition Notice compels the business to cease serving food immediately.  

After serving the notice, the EHO must apply for a Hygiene Emergency Prohibition Order to formally enforce it. The business must then remain closed until the EHO is satisfied that the health risks have been rectified.  

Our food safety lawyers can act as your advocate and advisor, helping you assess the situation, explain the legal implications, ensure the notice is valid, advise on the steps to rectify the issue, and represent you in court there are grounds to appeal. Please get in touch for more information.

The Food Standards Agency (FSA) is a central government body, responsible for developing food policy and legislation. However, it is Local Authorities who have the day-to-day responsibility for enforcing legislation. Environmental Health Officers are the ones who inspect businesses serving food and take enforcement action, including Hygiene Improvement Notices and Hygiene Emergency Prohibition Notices.

A Hygiene Emergency Prohibition Notice requires that the business closes immediately, or at least ceases serving food.