Reg. 2 - Registration
This regulation creates the basic requirement for registration of premises used for the purposes of a food business.
- 'premises' - includes any place, vehicle, stall or moveable structure
- open areas of land - subject to certain exceptions (e.g. harvesting of food, production of eggs) areas of open land used for the purposes of a food business must be registered. In particular, this may include open markets, subject to the requirements of Schedule 2.
- vehicles - by Regulation 2(3) and Schedule 3, vehicles are exempt from registration, except where they are used within a market and are not provided by the controller of the market. However, the permanent premises where vehicles are ordinarily kept must be registered.
- markets - vehicles, stalls or other moveable premises in markets but not used by nor provided by the controller of the market, must be registered. Where 'relevant moveable premises' are provided by the controller of market for the use of other persons, separate registration for them is not required, but the market itself must be registered.
- multiple permanent premises - where large permanent premises contain a number of smaller permanent premises (e.g. a covered market with permanent shops) the larger premises need not be registered but each of the smaller premises must be so registered. Where all of the smaller premises are used by the same food business, one registration will suffice.
- exemption - there is an exemption from registration for premises used for less than 5 days (whether consecutive or not) in any period of 5 consecutive weeks. Where premises are used by more than one person, it is the aggregate of use by all of them which counts towards the 5 day period.
N.B. No fee is payable for registration and registration authorities have no power to refuse, revoke or attach any conditions to registration.
Reg. 3 Exceptions
This provides for certain exceptions to the registration requirements, as follows:
- Premises used only for the following activities and which are already registered or licensed for that purpose:
- slaughterhouses
- poultry meat slaughterhouses and cutting premises
- meat export cutting premises, cold stores and transhipment centres
- dairies or dairy farms
- premises used by milk distributors
- Premises used irregularly or only occasionally
- Premises where only low risk activities take place, which are exempt unless the retail sale of food takes place there
- Places where game is killed in sport
- Where fish is taken for food (but not processed)
- Places only harvesting, cleaning, storing and packing crops except where packed in the form in which they are to be sold to the ultimate consumer
- Places where honey is harvested
- Places where eggs are produced or packed
- Livestock farms and markets and shellfish harvesting areas
- Exemptions for some food businesses run from domestic premises:
- domestic premises where the person resident is not the owner of the food business, e.g. where the resident is a volunteer preparing food for another business (e.g. meals on wheels), with an exception for peeling shrimps or prawns.
- production of honey
- premises where crops are produced, cleaned, stored, packed and sold (whether wholesale or retail)
- premises where bed and breakfast accommodation is provided in not more than 3 bedrooms.
- Exemptions for some vehicles and stalls including:
- vehicles and stalls kept at or used from premises which are themselves registered or which are exempt
- market stalls provided by the controller of the market
- tents, marquees, etc
- Other exemptions include:
- places where the main activity is not to do with food but where biscuits, tea or coffee are served to customers without charge (e.g. hairdressers)
- places where the on
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