Regulatory and summary offences
Food safety and hygiene breaches (individuals)
Food Safety Act 1990 / Food Hygiene Regulations (as charged)
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way
- Maximum penalty
- when tried on indictment, unlimited fine and/or 2 years’ custody when tried summarily: unlimited fine
Actus reus
- Food Safety Act 1990, s.7 is rendering food injurious to health with intent it shall be sold for human consumption. Many custody “food hygiene” charges are regulation breaches, not s.7. Read the charge.
Mens rea
- s.7: intent that the food shall be sold for human consumption. Hygiene-regulation offences often have due-diligence defences — check the instrument.
Defences
Food not rendered injurious · No intent it be sold for human consumption · Due diligence if the charged regulations provide it
Sentencing Council
Sentencing Council guideline effective 01 February 2016. Offence range: Conditional discharge - 18 months' custody.
At the police station
s.7 is a serious food-adulteration offence. Premises-hygiene tickets are usually different regulations.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Food Safety Act 1990 / Food Hygiene Regulations (as charged) ↗
- Sentencing Council:Sentencing Council definitive guideline ↗