Breach of food safety and food hygiene regulations

Food Safety and Hygiene (England) Regulations 2013 (regulation 19(1)), Food Hygiene (Wales) Regulations 2006 (regulation 17(1)), The General Food Regulations 2004 (regulation 4) · Triable either way

Back to Offence Library

Sentencing framework

The guideline structures sentencing for breaches of food safety and hygiene regulations by categorizing offences based on the severity of culpability and harm. Sentences range from a conditional discharge to 18 months' custody, with factors impacting the starting point including previous convictions and the offender's cooperation. The guideline emphasizes a range of responses to reflect the seriousness of the offence and the offender's circumstances.

Maximum sentence

Unlimited fine and/or 2 years’ custody (when tried on indictment); Unlimited fine (when tried summarily) for the Food Safety and Hygiene (England) Regulations 2013 and Food Hygiene (Wales) Regulations 2006; 6 months’ custody and/or unlimited fine for The General Food Regulations 2004.

Court

Triable either way

Starting point

Conditional discharge

Offence range

Conditional discharge - 18 months' custody

Aggravating factors

·Previous convictions
·Offence committed whilst on bail
·Motivated by financial gain
·Deliberate concealment of illegal nature of activity
·Established evidence of wider/community impact
·Breach of any court order
·Obstruction of justice
·Poor food safety or hygiene record
·Refusal of free advice or training

Mitigating factors

·No previous convictions or no relevant/recent convictions
·Steps voluntarily taken to remedy problem
·High level of co-operation with the investigation, beyond that which will always be expected
·Good food safety/hygiene record
·Self-reporting, co-operation and acceptance of responsibility
·Positive character and/or exemplary conduct (regardless of previous convictions)
·Mental disorder or learning disability, where linked to the commission of the offence
·Serious medical conditions requiring urgent, intensive or long-term treatment
·Age and/or lack of maturity (which may be applicable to offenders aged 18-25)
·Sole or primary carer for dependent relatives
·Pregnancy, childbirth and post-natal care
·Difficult and/or deprived background or personal circumstances
·Prospects of or in work, training or education

Sentencing range explorer

Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.

Culpability

Harm

Select a culpability level and a harm category above.

The sentencing process, step by step

Step 1 — Determine the offence category with reference to culpability and harm
Step 2 — Use corresponding starting point to reach a sentence within the category range
Step 3 — Review any financial element of the sentence if a fine is imposed
Step 4 — Consider any factors which indicate a reduction, such as assistance to the prosecution
Step 5 — Reduce for guilty pleas
Step 6 — Consider compensation and ancillary orders
Step 7 — Apply totality principle if sentencing for more than one offence
Step 8 — Provide reasons for the sentence
Step 9 — Consider time spent on bail as credit

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.