Is food hygiene training a legal requirement? What the law says and who enforces it

The law

Several pieces of law apply together:

• Regulation (EC) No 852/2004, Annex II, Chapter XII (assimilated law): food business operators must make sure food handlers are supervised and instructed or trained in food hygiene matters to suit their work.
• Food Safety Act 1990: makes it an offence to sell food that does not meet food safety requirements, or that is not what the customer asked for.
• Food Safety and Hygiene (England) Regulations 2013: enforce the hygiene rules in England and set temperature rules, such as keeping chilled food at 8°C or below and hot-held food at 63°C or above. Wales, Scotland and Northern Ireland have their own regulations doing the same job.

None of these says a food handler must hold a certificate. GOV.UK confirms: "Food handlers do not have to hold a food hygiene certificate."

What every food business must do

GOV.UK lists the responsibilities of any business that sells, cooks, stores, handles, prepares or distributes food. They include:

• making sure food is safe
• registering with the local authority
• training all staff and making sure they follow good personal hygiene
• having a system for managing food safety
• managing the risk of food allergies
• keeping records of suppliers and of every business you supply

It also says businesses must be able to show that staff have "the right skills and up-to-date training for their role", and should keep a record of the training each person has completed.

How staff can be trained

GOV.UK says skills can come from courses provided or recommended by your local authority, training on the job, self-study, or relevant previous experience. Staff must also be trained to manage allergies. The employer decides which route fits each role. A certificate from a course is the easiest way to show an inspector what someone was taught and when.

Who enforces food hygiene law

Your local council. Food safety officers from the local authority inspect food businesses and must follow the Food Law Code of Practice. Inspections are usually unannounced, and how often they happen depends on the risk the business poses. The Food Standards Agency runs the Food Hygiene Rating Scheme in partnership with councils in England, Wales and Northern Ireland.

What happens if a business falls short

The officer checks how hygienically food is handled, the condition of the premises, and the processes, training and systems used to keep hygiene standards up. Weak training records count against the business. Depending on what they find, the officer can:

• give a low food hygiene rating, which is published online
• set out improvements in writing with a deadline
• serve a Hygiene Improvement Notice
• serve a Hygiene Emergency Prohibition Notice, banning certain equipment or processes
• stop part of the business, or close it, until it is safe to reopen

Which training level for which role

Level 1 suits people who work around food but do not prepare open food. Level 2 is for anyone who prepares, cooks or serves open food. Level 3 is for supervisors and managers who run the food safety system. All three are online at Lift College, each with a CPD Standards Office accredited certificate the same day you pass and a free refresher every 3 years.