The Food Hygiene (Amendment) Regulation 1991 was enacted on 5th June 1991, laid before Parliament on 14th June 1991, and came into force on 5th July 1991.
The Minister of Agriculture, Fisheries and Food, together with the Secretaries of State responsible for health in England and food and health in Wales, acting jointly under the powers conferred by sections 16(1)(c), (d), and (f) and 48(1) of the Food Safety Act 1990, and after consulting organizations representing interests substantially affected by these Regulations as required by section 48(4) of the Act, established the following regulations.
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Citation and Commencement of the Regulations
These Regulations may be cited as the Food Hygiene (Amendment) Regulations 1991 and came into force on 5th July 1991.
Amendments to Existing Food Hygiene Regulations
In regulation 2(1) of the Food Hygiene (Markets, Stalls, and Delivery Vehicles) Regulations 1966, after the definition of “preparation,” the following definition is inserted:
- “railway” means a railway with a gauge of 350 millimeters or more used for public passenger transport, excluding:
- A tramway,
- A railway laid on a beach or pier, or
- A railway providing communication between the top and bottom of a cliff.
Regulation 12 of the Food Hygiene (Markets, Stalls, and Delivery Vehicles) Regulations 1966 is amended as per Schedule 1 of these Regulations. Regulation 27 of the Food Hygiene (General) Regulations 1970 is amended as per Schedule 2 of these Regulations.
In witness whereof, the official seal of the Minister of Agriculture, Fisheries, and Food was affixed on 4th June 1991.
Schedule 1: Amendments to Regulation 12 of the 1966 Regulations
In paragraph (1), “is any” is substituted with “is of any.”
In paragraph (1)(g), “fish and” is substituted with “fish or,” and “or vegetables” is substituted with “or vegetables or cheese or any combination thereof.”
Paragraph (1)(k) is substituted with: “(k) cakes containing cream or anything used as a substitute for cream.”
In paragraph (2)(a), “or milk” is substituted with “milk or cheese,” and “introduced into the products” is substituted with “in the products (other than in any filling in such products).”
After paragraph (2)(a), the following paragraph is inserted:
- “(aa) filled cooked pastry products where:
- They are relevant foods by reason only of the use of egg or egg and milk,
- The products are intended for sale within 24 hours of their production, and
- The products are not cut after the conclusion of preparation.”
In paragraph (3), after “paragraphs,” “(3A), (3B),” is inserted.
After paragraph (3), the following paragraphs are inserted:
- “(3A) For the purposes of this regulation, the preparation of relevant food which is of any of the descriptions specified in paragraph (1)(g) or (h) or a filled cooked pastry product, the filling of which principally comprises a combination of egg and milk but also contains other relevant food, shall be treated as concluded when its baking is concluded.
- (3B) For the purposes of this regulation, the preparation of relevant food of the description specified in paragraph (1)(k) shall be treated as concluded when the cream or substitute for cream is added.”
Paragraph (7) is substituted with:
- “(7) The provisions of paragraphs (3), (5), and (6) of this regulation do not apply to relevant food:
- In any market premises, stall, or delivery vehicle, for a period of two hours from the conclusion of preparation if it is intended:
- To be sold within that period having been subjected during that period to any process of heating, the purpose of which is to maintain the food at a temperature between the specified temperature and 63 degrees Celsius, or
- To be reheated to at least 63 degrees Celsius at any time prior to sale.
- In any market premises, stall, or delivery vehicle, for a period of four hours from the conclusion of preparation if it is not to be subjected to any process of heating, the purpose of which is to maintain the food at a temperature between the specified temperature and 63 degrees Celsius between the conclusion of preparation and the time of sale; or
- Displayed for a period not exceeding four hours at any market premises or stall where such display is for the purpose either:
- Of indicating to prospective purchasers the nature of food which is for sale at those premises or that stall for immediate consumption, or
- Of having it available for service to a purchaser at those premises or that stall for immediate consumption, provided that in either case no more food is displayed than is reasonably necessary for that purpose.”
After paragraph (7), the following paragraph is inserted:
- “(7A) After the expiry of the period specified in paragraph (7)(a), relevant food which has been subjected to heating as specified in paragraph (7)(a)(i) shall not be sold or offered or exposed for sale.”
After paragraph (10), the following paragraphs are added:
- “(11) The requirements of paragraph (5) shall not apply until 1st April 1992 to relevant food in a delivery vehicle used exclusively for the delivery of food to an aircraft for consumption on board the aircraft.
- This regulation shall not apply until 1st April 1992 to food which is in a carriage on a railway and is intended for sale to persons traveling on the railway.
- This regulation shall not apply to relevant food while it is in the course of conveyance by post or by a private or common carrier to the ultimate consumer within the meaning of the Food Labelling Regulations 1984.
- Subject to paragraph (15), this regulation shall not apply to relevant food of any of the descriptions specified in paragraph (1)(g), (h), or (k) or filled cooked pastry products, the filling of which principally comprises a combination of egg and milk but also contains other relevant food, in any market premises, stall, or delivery vehicle for a period of two hours from the conclusion of preparation.
- Where the process of bringing food to the specified temperature is begun but not completed before the expiry of the period of two hours specified in paragraph (14), the period shall be treated as extended for so long as is reasonably necessary to bring the food to that temperature.
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Schedule 2: Amendments to Regulation 27 of the 1970 Regulations
In paragraph (1)(b), “containing” is substituted with “comprising or containing.”
In paragraph (1)(g), “meat, fish” is substituted with “meat, fish or,” “vegetables” is substituted with “vegetables or cheese or any combination thereof,” “consumed” is substituted with “sold,” and “preparation” is substituted with “their production.”
In paragraph (1)(h), “consumed” is substituted with “sold,” and “preparation” is substituted with “their production.”
Paragraph (1)(k) is substituted with:
- “(k) cakes containing cream or anything used as a substitute for cream.”
In paragraph (2)(a), “or milk” is substituted with “milk or cheese,” and “introduced into the products” is substituted with “in the products (other than in any filling in such products).”
After paragraph (2)(a), the following paragraph is inserted:
- “(aa) filled cooked pastry products where:
- They are relevant foods by reason only of the use of egg or egg and milk;
- The products are intended for sale within 24 hours of their production; and
- The products are not cut after the conclusion of preparation.”
Paragraph (3) is substituted with:
- “(3) Subject to paragraphs (3A), (3B), and (4), the provisions of this regulation shall not apply to relevant food in any food room:
- For a period of two hours from the conclusion of preparation, if it is intended:
- To be sold within that period having been subjected during that period to any process of heating, the purpose of which is to maintain the food at a temperature between the specified temperature and 63 degrees Celsius; or
- To be reheated to at least 63 degrees Celsius at any time prior to sale;
- For a period of four hours from the conclusion of preparation if it is not to be subjected to any process of heating, the purpose of which is to maintain the food at a temperature between the specified temperature and 63 degrees Celsius between the conclusion of preparation and the time of sale; or
- Displayed for a period not exceeding four hours on catering premises where such display is for the purpose either:
- Of indicating to prospective purchasers the nature of food which is for sale for consumption on those premises, or
- Of having it available for service to a purchaser for consumption on those premises, provided that in either case no more food is displayed than is reasonably necessary for that purpose.”
After paragraph (3), the following paragraphs are inserted:
- “(3A) For the purposes of this regulation, the preparation of relevant food which is of any of the descriptions specified in paragraph (1)(g) or (h) or a filled cooked pastry product, the filling of which principally comprises a combination of egg and milk but also contains other relevant food, shall be treated as concluded when its baking is concluded.
- (3B) For the purposes of this regulation, the preparation of relevant food of the description specified in paragraph (1)(k) shall be treated as concluded when the cream or substitute for cream is added.
- (3C) After the expiry of the period specified in paragraph (3)(a), relevant food which has been subjected to heating as specified in paragraph (3)(a)(i) shall not be sold or offered or exposed for sale.
- (3D) Subject to paragraph (3E), this regulation shall not apply to relevant food of any of the descriptions specified in paragraph (1)(g), (h), or (k) or filled cooked pastry products, the filling of which principally comprises a combination of egg and milk but also contains other relevant food, in any food room, for a period of two hours from the conclusion of preparation.
- (3E) Where the process of bringing food to the specified temperature is begun but not completed before the expiry of the period of two hours specified in paragraph (3D), the period shall be treated as extended for so long as is reasonably necessary to bring the food to that temperature.”
Paragraph (4) is substituted with:
- “(4) The purpose of this regulation shall not apply to relevant food in any food room which is in any catering premises and is intended for consumption on those premises if the process of service of such food is intended to be commenced:
- Within 2 hours of the conclusion of preparation if it is intended that the food be reheated to at least 63 degrees Celsius prior to the commencement of the process of service;
- Within 4 hours of the conclusion of preparation if the purpose is not to be subjected to any process of heating, the purpose of which is to maintain the food at a temperature between the specified temperature and 63 degrees Celsius between the conclusion of preparation and the intended commencement of the process of service.”
After paragraph (9), the following paragraph is added:
- “(10) This regulation shall not apply to relevant food while it is in the course of conveyance by post or by a private or common carrier to the ultimate consumer within the meaning of the Food Labelling Regulations 1984.”
Summary and Explanation of the Amendments
These Regulations amend the Food Hygiene (Markets, Stalls, and Delivery Vehicles) Regulations 1966 and the Food Hygiene (General) Regulations 1970.
1. Key Amendments in Schedule 1
Schedule 1 amends the 1966 Regulations, incorporating pies and pasties containing cheese and cakes with cream substitutes into the temperature control requirements of the Food Hygiene (Amendment) Regulations 1990.
Exemptions in paragraph (2) of Regulation 12 are modified to include pastry products with cheese in the pastry and custard tarts sold on the day of production. The conclusion of preparation for filled pastry products, pies, or pasties is defined as the end of baking, and for cream cakes, it is the addition of cream or its substitute.
Exemptions for food display on catering premises are extended to market premises and stalls, with paragraph (7) restructured to allow certain foods (e.g., oil-based emulsions like Hollandaise sauce) to be kept warm for short periods, provided unused portions are not sold.
New exemptions are introduced until 1st April 1992 for food in railway carriages and delivery vehicles for aircraft, and for food conveyed by post or carriers to the ultimate consumer.
2. Key Amendments in Schedule 2
Schedule 2 applies similar amendments to the 1970 Regulations as those in Schedule 1, paragraphs (2) to (7) and (9), and includes exemptions for food in food rooms during delivery to the ultimate consumer by post or carriers.
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