Starting a New Food Business
The following information is designed to help you understand your legal responsibilities and help you get your business off to a good start. The following legislation will apply:
- Food Safety and Hygiene (England) Regulations 2013
- EC Regulation 852/2004 on the hygiene of foodstuffs
In some circumstances the following legislation may also apply:
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Planning Permission
The use of any premises (including domestic) for food business purposes may be construed as a change of use and you are advised to seek the views of the Council's Planning Department.
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Registration
All food business operating are legally required to register their business with their local authority 28 days before starting to trade. There is no fee for Registration it simply involves completing a form, please visit our food registration guidance page.
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Food hygiene requirements
Always seek advice from your Environmental Health Department before starting any structural work. They will be able to give advice regarding design of catering premises, correct food handling techniques, food hygiene training and food safety hazard analysis. Below are some basic points to consider:
Surfaces; There are many different surfaces that can be used in a kitchen for floors, walls, ceilings, and equipment. The basic requirements are that surfaces are smooth, impervious to water, non-toxic and easy to clean.
Personal hygiene facilities; Toilets - provide clean and ventilated toilets which do not lead directly into food rooms with a wash hand basin.
Wash hand basin; Provide a wash hand basin in food rooms supplied with hot and cold water, soap and hand drying facilities.
Protective clothing; Clean, protective over-clothing must be worn by food handlers. It must only be worn at work and therefore suitable changing areas must be provided away from food rooms.
Extraction systems; Sufficient ventilation must be provided, designed to allow easy access for cleaning and maintenance. Planning permission may be required for certain systems.
Pest control; Pests pose a serious health risk, you must have adequate systems in place to prevent and control infestations of insects and rodent pests.
Refuse disposal; You must make suitable arrangements for the hygienic disposal of waste materials.
Training; All food handlers must have training at a level appropriate to their job.
Hazard Analysis; Food businesses are required to have a documented food safety procedure based on HACCP (Hazard Analysis Critical Control Point) principles. This requirement is designed to make food business operators focus on the activities critical to the safety of food in their business and to find ways of controlling them and where appropriate document the process.
The Food Standards Agency has developed a pack called 'Safer Food Better Business' to help retailers and caterers to comply with the above requirements.
Allergens; You must know which food allergens are present in your foods and be able to give this information to the consumer. For further information, please refer to our allergens page.
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Health and Safety
Please consult the Health and Safety pages of our website for more information.
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Trading Standards
The Trading Standards Department of Hampshire County Council can offer assistance on labelling of products including declared weights and product claims.
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Licensing
If you intend to sell alcohol, or provide any form of "public entertainment", you may require a licence. Please contact Winchester City Council on 01962 840 222 for further assistance.
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New business checklist
- Have you registered your business with us?
- Do the design, layout and construction of your premises meet the legal requirements?
- Do you and your staff understand the principles of good food hygiene?
- Have you and your staff had food hygiene training?
- Have you considered what food safety problems there could be at each stage of your business?
- Have you put the necessary food safety procedures in place and are you making regular checks to make sure they are working?
- Have you considered allergens and put in place suitable procedures to control them and inform your customers.
- Do you have a pest control contract?
- Do you have a refuse collection service?
- Have you considered Health and Safety and Fire Regulations?
- Have you registered as self-employed?
- Do you need to register for VAT?
- Do you describe food and drink accurately?
- Do you need to apply for a licence to sell alcohol?
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Childminders, Home Caterers and Bed and Breakfast businesses
We have also produced the following packs specifically designed for small scale catering operations: