3. Individuals: Breach of food safety and food hygiene

Food Hygiene (Wales) Regulations 2006 (regulation 17(1)), Food Safety and Hygiene (England) Regulations 2013 (regulation 19(1)), The General Food Regulations 2004 (regulation 4)
Effective from: 01 February 2016

You will see below a non-exhaustive list of factual elements providing the context of the offence and factors relating to the offender. Identify whether any combination of these, or other relevant factors, should result in an upward or downward adjustment from the starting point. In particular, relevant recent convictions are likely to result in a substantial upward adjustment. In some cases, having considered these factors, it may be appropriate to move outside the identified category range.

Factors increasing seriousness

Statutory aggravating factors:

  • Previous convictions, having regard to a) the nature of the offence to which the conviction relates and its relevance to the current offence; and b) the time that has elapsed since the conviction
  • Offence committed whilst on bail

Other aggravating factors include:

  • 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

Factors reducing seriousness or reflecting personal mitigation

  • 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
  • Good character and/or exemplary conduct
  • 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 where it affects the responsibility of the offender
  • Sole or primary carer for dependent relatives