FHRS Score Calculator

Jump to: Add a contravention

The FHRS Calculator has been developed to determine what a food hygiene rating will be following an inspection. It requires the list of contraventions found and a professional understanding of the likelihood of food safety being compromised by the contravention. Please read the guidance notes at the bottom of this page to learn how to use the calculator.

This tool is currently in beta. It may be used by individual businesses to test their rating or by EHOs to improve consistency. It may not be reproduced or be used in any commercial capacity without a licence from the creator.

Contraventions selected

Here are all contraventions that have been added so far. You may remove a single contravention, clear all contraventions to start again, or when you have finished adding contraventions - Calculate the FHRS Score.

Add a contravention

Choose a contravention to add towards the food hygiene rating calculation. For each offence, you must select the likelihood food safety was compromised, whether the offence had occurred on the previous inspection and whether suitable steps have been put in place to manage the contravention within a reasonable timescale. For more information on these options, please read the how to use instructions.

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Legislation

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  • Reg EC No 852/2004
  • Reg EC No 178/2002
  • Food Safety and Hygiene (England) Regs 2013

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  • Article 5
  • Article 14
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  • Schedule 4

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  • Paragraph 10
Regulation EC No 852/2004, Annex II, Chapter 1, Paragraph 1

Food premises are to be kept clean and maintained in good repair and condition.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 1, Paragraph 2 (a)

The layout, design, construction, siting and size of food premises are to:

permit adequate maintenance, cleaning and/or disinfection, avoid or minimise air-borne contamination, and provide adequate working space to allow for the hygienic performance of all operations.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 1, Paragraph 2 (b)

The layout, design, construction, siting and size of food premises are to:

be such as to protect against the accumulation of dirt, contact with toxic materials, the shedding of particles into food and the formation of condensation or undesirable mould on surfaces.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 1, Paragraph 2 (c)

The layout, design, construction, siting and size of food premises are to:

permit good food hygiene practices, including protection against contamination and, in particular, pest control.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 1, Paragraph 2 (d)

The layout, design, construction, siting and size of food premises are to:

where necessary, provide suitable temperature-controlled handling and storage conditions of sufficient capacity for maintaining foodstuffs at appropriate temperatures and designed to allow those temperatures to be monitored and, where necessary, recorded.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 1, Paragraph 3

An adequate number of flush lavatories are to be available and connected to an effective drainage system. Lavatories are not to open directly into rooms in which food is handled.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 1, Paragraph 4

An adequate number of washbasins is to be available, suitably located and designated for cleaning hands. Washbasins for cleaning hands are to be provided with hot and cold running water, materials for cleaning hands and for hygienic drying. Where necessary, the facilities for washing food are to be separate from the hand-washing facility.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 1, Paragraph 5

There is to be suitable and sufficient means of natural or mechanical ventilation. Mechanical airflow from a contaminated area to a clean area is to be avoided. Ventilation systems are to be so constructed as to enable filters and other parts requiring cleaning or replacement to be readily accessible.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 1, Paragraph 6

Sanitary conveniences are to have adequate natural or mechanical ventilation.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 1, Paragraph 7

Food premises are to have adequate natural and/or artificial lighting.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 1, Paragraph 8

Drainage facilities are to be adequate for the purpose intended. They are to be designed and constructed to avoid the risk of contamination. Where drainage channels are fully or partially open, they are to be so designed as to ensure that waste does not flow from a contaminated area towards or into a clean area, in particular an area where foods likely to present a high risk to the final consumer are handled.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 1, Paragraph 9

Where necessary, adequate changing facilities for personnel are to be provided.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 1, Paragraph 10

Cleaning agents and disinfectants are not to be stored in areas where food is handled.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 2, Paragraph 1 (a)

In rooms where food is prepared, treated or processed (excluding dining areas and those premises specified in Chapter III, but including rooms contained in means of transport) the design and layout are to permit good food hygiene practices, including protection against contamination between and during operations. In particular:

floor surfaces are to be maintained in a sound condition and be easy to clean and, where necessary, to disinfect. This will require the use of impervious, non-absorbent, washable and non-toxic materials unless food business operators can satisfy the competent authority that other materials used are appropriate. Where appropriate, floors are to allow adequate surface drainage;

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 2, Paragraph 1 (b)

In rooms where food is prepared, treated or processed (excluding dining areas and those premises specified in Chapter III, but including rooms contained in means of transport) the design and layout are to permit good food hygiene practices, including protection against contamination between and during operations. In particular:

wall surfaces are to be maintained in a sound condition and be easy to clean and, where necessary, to disinfect. This will require the use of impervious, non-absorbent, washable and non-toxic materials and require a smooth surface up to a height appropriate for the operations unless food business operators can satisfy the competent authority that other materials used are appropriate;

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 2, Paragraph 1 (c)

In rooms where food is prepared, treated or processed (excluding dining areas and those premises specified in Chapter III, but including rooms contained in means of transport) the design and layout are to permit good food hygiene practices, including protection against contamination between and during operations. In particular:

ceilings (or, where there are no ceilings, the interior surface of the roof) and overhead fixtures are to be constructed and finished so as to prevent the accumulation of dirt and to reduce condensation, the growth of undesirable mould and the shedding of particles.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 2, Paragraph 1 (d)

In rooms where food is prepared, treated or processed (excluding dining areas and those premises specified in Chapter III, but including rooms contained in means of transport) the design and layout are to permit good food hygiene practices, including protection against contamination between and during operations. In particular:

windows and other openings are to be constructed to prevent the accumulation of dirt. Those which can be opened to the outside environment are, where necessary, to be fitted with insect-proof screens which can be easily removed for cleaning. Where open windows would result in contamination, windows are to remain closed and fixed during production.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 2, Paragraph 1 (e)

In rooms where food is prepared, treated or processed (excluding dining areas and those premises specified in Chapter III, but including rooms contained in means of transport) the design and layout are to permit good food hygiene practices, including protection against contamination between and during operations. In particular:

doors are to be easy to clean and, where necessary, to disinfect. This will require the use of smooth and non-absorbent surfaces unless food business operators can satisfy the competent authority that other materials used are appropriate.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 2, Paragraph 1 (f)

In rooms where food is prepared, treated or processed (excluding dining areas and those premises specified in Chapter III, but including rooms contained in means of transport) the design and layout are to permit good food hygiene practices, including protection against contamination between and during operations. In particular:

surfaces (including surfaces of equipment) in areas where foods are handled and in particular those in contact with food are to be maintained in a sound condition and be easy to clean and, where necessary, to disinfect. This will require the use of smooth, washable corrosion-resistant and non-toxic materials, unless food business operators can satisfy the competent authority that other materials used are appropriate.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 2, Paragraph 2

Adequate facilities are to be provided, where necessary, for the cleaning, disinfecting and storage of working utensils and equipment. These facilities are to be constructed of corrosion-resistant materials, be easy to clean and have an adequate supply of hot and cold water.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 2, Paragraph 3

Adequate provision is to be made, where necessary, for washing food. Every sink or other such facility provided for the washing of food is to have an adequate supply of hot and/or cold potable water consistent with the requirements of Chapter VII and be kept clean and, where necessary, disinfected.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 3, Paragraph 1

Premises and vending machines are, so far as is reasonably practicable, to be so sited, designed, constructed and kept clean and maintained in good repair and condition as to avoid the risk of contamination, in particular by animals and pests.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 3, Paragraph 2 (a)

In particular, where necessary:

appropriate facilities are to be available to maintain adequate personal hygiene (including facilities for the hygienic washing and drying of hands, hygienic sanitary arrangements and changing facilities).

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 3, Paragraph 2 (b)

In particular, where necessary:

surfaces in contact with food are to be in a sound condition and be easy to clean and, where necessary, to disinfect. This will require the use of smooth, washable, corrosion-resistant and non-toxic materials, unless food business operators can satisfy the competent authority that other materials used are appropriate.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 3, Paragraph 2 (c)

In particular, where necessary: adequate provision is to be made for the cleaning and, where necessary, disinfecting of working utensils and equipment.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 3, Paragraph 2 (d)

In particular, where necessary: where foodstuffs are cleaned as part of the food business' operations, adequate provision is to be made for this to be undertaken hygienically.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 3, Paragraph 2 (e)

In particular, where necessary: an adequate supply of hot and/or cold potable water is to be available.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 3, Paragraph 2 (f)

In particular, where necessary: adequate arrangements and/or facilities for the hygienic storage and disposal of hazardous and/or inedible substances and waste (whether liquid or solid) are to be available.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 3, Paragraph 2 (g)

In particular, where necessary: adequate facilities and/or arrangements for maintaining and monitoring suitable food temperature conditions are to be available.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 3, Paragraph 2 (h)

In particular, where necessary: foodstuffs are to be so placed as to avoid the risk of contamination so far as is reasonably practicable.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 4, Paragraph 1

Conveyances and/or containers used for transporting foodstuffs are to be kept clean and maintained in good repair and condition to protect foodstuffs from contamination and are, where necessary, to be designed and constructed to permit adequate cleaning and/or disinfection.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 4, Paragraph 2

Receptacles in vehicles and/or containers are not to be used for transporting anything other than foodstuffs where this may result in contamination.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 4, Paragraph 3

Where conveyances and/or containers are used for transporting anything in addition to foodstuffs or for transporting different foodstuffs at the same time, there is, where necessary, to be effective separation of products.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 4, Paragraph 4

Bulk foodstuffs in liquid, granulate or powder form are to be transported in receptacles and/or containers/tankers reserved for the transport of foodstuffs. Such containers are to be marked in a clearly visible and indelible fashion, in one or more Community languages, to show that they are used for the transport of foodstuffs, or are to be marked ‘for foodstuffs only’.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 4, Paragraph 5

Where conveyances and/or containers have been used for transporting anything other than foodstuffs or for transporting different foodstuffs, there is to be effective cleaning between loads to avoid the risk of contamination.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 4, Paragraph 6

Foodstuffs in conveyances and/or containers are to be so placed and protected as to minimise the risk of contamination.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 4, Paragraph 7

Where necessary, conveyances and/or containers used for transporting foodstuffs are to be capable of maintaining foodstuffs at appropriate temperatures and allow those temperatures to be monitored.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 5, Paragraph 1 (a)

All articles, fittings and equipment with which food comes into contact are to:

be effectively cleaned and, where necessary, disinfected. Cleaning and disinfection are to take place at a frequency sufficient to avoid any risk of contamination.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 5, Paragraph 1 (b)

All articles, fittings and equipment with which food comes into contact are to:

be so constructed, be of such materials and be kept in such good order, repair and condition as to minimise any risk of contamination.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 5, Paragraph 1 (c)

All articles, fittings and equipment with which food comes into contact are to:

with the exception of non-returnable containers and packaging, be so constructed, be of such materials and be kept in such good order, repair and condition as to enable them to be kept clean and, where necessary, to be disinfected.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 5, Paragraph 1 (d)

All articles, fittings and equipment with which food comes into contact are to:

be installed in such a manner as to allow adequate cleaning of the equipment and the surrounding area.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 5, Paragraph 2

Where necessary, equipment is to be fitted with any appropriate control device to guarantee fulfilment of this Regulation's objectives.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 5, Paragraph 3

Where chemical additives have to be used to prevent corrosion of equipment and containers, they are to be used in accordance with good practice.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 6, Paragraph 1

Food waste, non-edible by-products and other refuse are to be removed from rooms where food is present as quickly as possible, so as to avoid their accumulation.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 6, Paragraph 2

Food waste, non-edible by-products and other refuse are to be deposited in closable containers, unless food business operators can demonstrate to the competent authority that other types of containers or evacuation systems used are appropriate. These containers are to be of an appropriate construction, kept in sound condition, be easy to clean and, where necessary, to disinfect.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 6, Paragraph 3

Adequate provision is to be made for the storage and disposal of food waste, non-edible by-products and other refuse. Refuse stores are to be designed and managed in such a way as to enable them to be kept clean and, where necessary, free of animals and pests.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 6, Paragraph 4

All waste is to be eliminated in a hygienic and environmentally friendly way in accordance with Community legislation applicable to that effect, and is not to constitute a direct or indirect source of contamination.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 7, Paragraph 1 (a)

There is to be an adequate supply of potable water, which is to be used whenever necessary to ensure that foodstuffs are not contaminated.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 7, Paragraph 1 (b)

Clean water may be used with whole fishery products. Clean seawater may be used with live bivalve molluscs, echinoderms, tunicates and marine gastropods; clean water may also be used for external washing. When clean water is used, adequate facilities and procedures are to be available for its supply to ensure that such use is not a source of contamination for the foodstuff.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 7, Paragraph 2

Where non-potable water is used, for example for fire control, steam production, refrigeration and other similar purposes, it is to circulate in a separate duly identified system. Non-potable water is not to connect with, or allow reflux into, potable water systems.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 7, Paragraph 3

Recycled water used in processing or as an ingredient is not to present a risk of contamination. It is to be of the same standard as potable water, unless the competent authority is satisfied that the quality of the water cannot affect the wholesomeness of the foodstuff in its finished form.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 7, Paragraph 4

Ice which comes into contact with food or which may contaminate food is to be made from potable water or, when used to chill whole fishery products, clean water. It is to be made, handled and stored under conditions that protect it from contamination.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 7, Paragraph 5

Steam used directly in contact with food is not to contain any substance that presents a hazard to health or is likely to contaminate the food.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 7, Paragraph 6

Where heat treatment is applied to foodstuffs in hermetically sealed containers it is to be ensured that water used to cool the containers after heat treatment is not a source of contamination for the foodstuff.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 8, Paragraph 1

Every person working in a food-handling area is to maintain a high degree of personal cleanliness and is to wear suitable, clean and, where necessary, protective clothing.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 8, Paragraph 2

No person suffering from, or being a carrier of a disease likely to be transmitted through food or afflicted, for example, with infected wounds, skin infections, sores or diarrhoea is to be permitted to handle food or enter any food-handling area in any capacity if there is any likelihood of direct or indirect contamination. Any person so affected and employed in a food business and who is likely to come into contact with food is to report immediately the illness or symptoms, and if possible their causes, to the food business operator.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 9, Paragraph 1

A food business operator is not to accept raw materials or ingredients, other than live animals, or any other material used in processing products, if they are known to be, or might reasonably be expected to be, contaminated with parasites, pathogenic microorganisms or toxic, decomposed or foreign substances to such an extent that, even after the food business operator had hygienically applied normal sorting and/or preparatory or processing procedures, the final product would be unfit for human consumption.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 9, Paragraph 2

Raw materials and all ingredients stored in a food business are to be kept in appropriate conditions designed to prevent harmful deterioration and protect them from contamination.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 9, Paragraph 3

At all stages of production, processing and distribution, food is to be protected against any contamination likely to render the food unfit for human consumption, injurious to health or contaminated in such a way that it would be unreasonable to expect it to be consumed in that state.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 9, Paragraph 4

Adequate procedures are to be in place to control pests. Adequate procedures are also to be in place to prevent domestic animals from having access to places where food is prepared, handled or stored (or, where the competent authority so permits in special cases, to prevent such access from resulting in contamination).

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 9, Paragraph 5

Raw materials, ingredients, intermediate products and finished products likely to support the reproduction of pathogenic micro-organisms or the formation of toxins are not to be kept at temperatures that might result in a risk to health. The cold chain is not to be interrupted. However, limited periods outside temperature control are permitted, to accommodate the practicalities of handling during preparation, transport, storage, display and service of food, provided that it does not result in a risk to health. Food businesses manufacturing, handling and wrapping processed foodstuffs are to have suitable rooms, large enough for the separate storage of raw materials from processed material and sufficient separate refrigerated storage.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 9, Paragraph 6

Where foodstuffs are to be held or served at chilled temperatures they are to be cooled as quickly as possible following the heat-processing stage, or final preparation stage if no heat process is applied, to a temperature which does not result in a risk to health.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 9, Paragraph 7

The thawing of foodstuffs is to be undertaken in such a way as to minimise the risk of growth of pathogenic microorganisms or the formation of toxins in the foods. During thawing, foods are to be subjected to temperatures that would not result in a risk to health. Where run-off liquid from the thawing process may present a risk to health it is to be adequately drained. Following thawing, food is to be handled in such a manner as to minimise the risk of growth of pathogenic microorganisms or the formation of toxins.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 9, Paragraph 8

Hazardous and/or inedible substances, including animal feed, are to be adequately labelled and stored in separate and secure containers.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 10, Paragraph 1

Material used for wrapping and packaging are not to be a source of contamination.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 10, Paragraph 2

Wrapping materials are to be stored in such a manner that they are not exposed to a risk of contamination.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 10, Paragraph 3

Wrapping and packaging operations are to be carried out so as to avoid contamination of the products. Where appropriate and in particular in the case of cans and glass jars, the integrity of the container's construction and its cleanliness is to be assured.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 10, Paragraph 4

Wrapping and packaging material re-used for foodstuffs is to be easy to clean and, where necessary, to disinfect.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 11, Paragraph 1 (a)

The following requirements apply only to food placed on the market in hermetically sealed containers:

any heat treatment process used to process an unprocessed product or to process further a processed product is:

to raise every party of the product treated to a given temperature for a given period of time.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 11, Paragraph 1 (b)

The following requirements apply only to food placed on the market in hermetically sealed containers:

any heat treatment process used to process an unprocessed product or to process further a processed product is:

to prevent the product from becoming contaminated during the process;

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 11, Paragraph 2

The following requirements apply only to food placed on the market in hermetically sealed containers:

to ensure that the process employed achieves the desired objectives, food business operators are to check regularly the main relevant parameters (particularly temperature, pressure, sealing and microbiology), including by the use of automatic devices.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 11, Paragraph 3

The following requirements apply only to food placed on the market in hermetically sealed containers:

the process used should conform to an internationally recognised standard (for example, pasteurisation, ultra high temperature or sterilisation).

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 12, Paragraph 1

Food business operators are to ensure:

that food handlers are supervised and instructed and/or trained in food hygiene matters commensurate with their work activity.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 12, Paragraph 2

Food business operators are to ensure:

that those responsible for the development and maintenance of the procedure referred to in Article 5(1) of this Regulation or for the operation of relevant guides have received adequate training in the application of the HACCP principles.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Annex II, Chapter 12, Paragraph 3

Food business operators are to ensure:

compliance with any requirements of national law concerning training programmes for persons working in certain food sectors.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Article 5, Paragraph 1

Food business operators shall put in place, implement and maintain a permanent procedure or procedures based on the HACCP principles.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Article 5, Paragraph 2 (a)

The HACCP principles referred to in paragraph 1 consist of the following:

identifying any hazards that must be prevented, eliminated or reduced to acceptable levels.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Article 5, Paragraph 2 (b)

The HACCP principles referred to in paragraph 1 consist of the following:

identifying the critical control points at the step or steps at which control is essential to prevent or eliminate a hazard or to reduce it to acceptable levels.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Article 5, Paragraph 2 (c)

The HACCP principles referred to in paragraph 1 consist of the following:

establishing critical limits at critical control points which separate acceptability from unacceptability for the prevention, elimination or reduction of identified hazards.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Article 5, Paragraph 2 (d)

The HACCP principles referred to in paragraph 1 consist of the following:

establishing and implementing effective monitoring procedures at critical control points.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Article 5, Paragraph 2 (e)

The HACCP principles referred to in paragraph 1 consist of the following:

establishing corrective actions when monitoring indicates that a critical control point is not under control.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Article 5, Paragraph 2 (f)

The HACCP principles referred to in paragraph 1 consist of the following:

establishing procedures, which shall be carried out regularly, to verify that the measures outlined in subparagraphs (a) to (e) are working effectively.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 852/2004, Article 5, Paragraph 2 (g)

The HACCP principles referred to in paragraph 1 consist of the following:

establishing documents and records commensurate with the nature and size of the food business to demonstrate the effective application of the measures outlined in subparagraphs (a) to (f).

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
Regulation EC No 178/2002, Article 14, Paragraph 1

Food shall not be placed on the market if it is unsafe.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
The Food Safety and Hygiene (England) Regulations 2013, Schedule 4, Paragraph 2 (1)

Subject to sub-paragraph (2) and paragraph 3, any person who keeps any food -

(a) which is likely to support the growth of pathogenic micro-organisms or the formation of toxins; and
(b) with respect to which any commercial operation is being carried out,

at or in food premises at a temperature above 8°C commits an offence.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?
The Food Safety and Hygiene (England) Regulations 2013, Schedule 4, Paragraph 6

Any person who in the course of the activities of a food business keeps at or in food premises at a temperature below 63°C any food which -

(a) has been cooked or reheated;
(b) is for service or on display for sale; and
(c) needs to be kept at or above 63°C in order to control the growth of pathogenic micro-organisms or the formation of toxins,

commits an offence.

Likelihood food safety compromised?
Contravention occurred at the previous inspection?
Steps are in place to manage the contravention in a suitable timeframe?

How to use

This tool essentially requires four decisions to be made for each contravention found. These steps are explained in detail so that the tool can be understood and used correctly. Once you have completed these steps a few times, it becomes easy to continue to add contraventions without referring to these guidance notes in future.

Please note this is a professional tool and requires a detailed knowledge of food hygiene legislation. If you do not have this knowledge and wish to explore using this tool, for example to challenge your food hygiene rating, please contact us for assistance.

Step 1: What contravention of relevant food law has been found?

The food hygiene rating scheme only considers hygiene contraventions, i.e. under Regulation EC No 852/2004, Regulation EC No 178/2002, and the Food Safety and Hygiene (England) Regulations 2013.

If there are multiple examples of the food business contravening the same requirement, the contravention is only added once. This is fully explained in the next steps.

What contravention of law has occurred is normally easy to establish, but it is important in certain circumstances to ensure the correct contravention is chosen. For example, a hand wash basin that has no hot water is a contravention of Regulation EC No 852/2004, Annex II, Chapter 1, Paragraph 4, as it is a structural defect. However, the poor hygiene practice of staff not washing their hands is a contravention of Regulation EC No 852/2004, Annex II, Chapter 8, Paragraph 1.

It may be that staff are not washing their hands correctly as there is no hot water, so both contraventions are inputted. Or, it may be that there is hot water to another sink which they are using to maintain a high degree of personal cleanliness, in which case only the structural contravention exists.

You need to therefore chose the correct contravention(s) and assess each one individually for the score to be correctly determined.

Step 2: For each contravention, what is the likelihood that food safety has been compromised?

A determination is needed on the likelihood that food safety has been compromised by the contravention. There are three choices: low, high, and compromised. There are clear boundaries as to which option you would choose.

Food safety has been compromised when there is clear evidence that unsafe food (food that is injurious to health) exists and is for sale. For example, rank meat, food not being cooked to a safe temperature, high risk food out of temperature control requirements, physical contamination of foods, ready-to-eat foods being prepared on a chopping board that has just been used for raw meat – these are all evidence that food safety has been compromised.

A high likelihood is a contravention that is likely to cause food safety to be compromised, but there is no solid evidence that this has been the case. For example, flaking paint on the ceiling in the kitchen where open foods are handled means there is a high likelihood physical contamination of foods may occur, but you have not found a piece of food with paint particles contaminating it. If you had, food safety will have been compromised. Another example would be where poor food safety knowledge exists among supervisor capacity staff. As a result, there is a high likelihood that something will go wrong and food safety will be compromised, but you can’t substantiate that it has actually gone wrong at the time of inspection.

A low likelihood would be for example, food debris on the floor, chipped paint on a wall away from any open foods, a damaged floor tile. In EHO terms, these would be considered minor contraventions. They are a contravention of food law but there is a low likelihood that it has resulted in unsafe food (food that is injurious to health).

Step 3: Did the contravention occur at the previous inspection?

This is a simple question to answer. On the previous inspection, did this contravention occur? The continuation of contraventions over multiple inspections impacts on the confidence in management to correct contraventions and comply with food hygiene law in the future.

To be clear, if this is the first inspection the business has had, then the contravention could not have happened at a previous inspection.

Step 4: Are steps in place to manage the contravention in a suitable timeframe?

This step evaluates whether a food business operator is managing contraventions that occur. Food businesses are working environments and things can and will go wrong; how these issues are managed is an important factor in developing an accurate confidence in management score.

For example, a chef may damage a wall tile. Has this been identified and a suitable timeframe for repair been put in place? The ventilation extraction system is greasy; is it scheduled for a clean in a few days, or do they intend to leave it for a year or have they not bothered to action it at all?

A suitable timeframe shouldn’t have too much room for subjectivity. It is important to note that it may not be possible and therefore reasonable to have a contractor in the next day to repair a problem, for example, flaking paint in the store room. A competent decorator may not be available for a month, but given the risk to food safety, it is not unreasonable for this to wait a month.

Conversely, evidence of pest activity in the building is a much higher priority and a competent pest contractor should be on site within 24 hours, along with steps taken immediately to protect food safety in the meantime. If there is no intention to act upon the contravention in a short timeframe then it is not being appropriately managed.

The question of the likelihood the contravention causes a food safety risk is considered in Step 2 and is not reconsidered here; what we are assessing here is whether the food business operator is taking action and the contravention will be removed within a reasonable timeframe.

Hopefully that has all made sense. Head back to the top of the page to begin using the tool and give it a try! If after attempting to use the tool the instructions are still not clear, please contact us to let us know so we can improve the tool / instructions in the future.