The Food Hygiene Regulations 2006

A look at how the Food Hygiene Regulations 2006 can apply when making a personal injury claim for food poisoning and other illnesses.

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How do the Food Hygiene Regulations 2006 Apply to Injury Claims?

Following the modern framework for food safety regulations established by the Food Safety Act 1990, the Food Hygiene Regulations 2006 have introduced the strictest standards for food hygiene in the UK.

These aim to protect the public from harm caused by unsafe or contaminated food. When a food business breaches these regulations and someone suffers an injury or illness as a result, it could amount to negligence and give rise to a personal injury compensation claim.

Read on to learn what safety requirements the Food Hygiene Regulations 2006 impose on food businesses, and how you could claim compensation if a breach of duty has caused you harm.

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Table of Contents

What are the Food Hygiene Regulations 2006?

While food safety laws can be traced back to 1266, modern legislation began with the Food Safety Act 1990. Since then, numerous other regulations have been introduced, including:

Of these, the Food Hygiene Regulations are considered to be the most important law for food safety standards in the UK. These place duties on all food businesses to ensure that the food intended for human consumption is safe, hygienically prepared, and fit for purpose.

The food hygiene standards apply to all the activities involved in a food business, including:

Production: All stages of production, such as manufacturing, processing, packaging and preserving food.
Preparation: Covers all aspects of preparing food, including washing, peeling, chopping, seasoning, defrosting, and cooking.
Distribution: The process of getting the food to the customer, which also involves storing, transporting and delivering.

It is essential to clarify that the term food and the food safety regulations also include drinks.

What are the duties of food businesses under the Food Hygiene Regulations 2006?

Under the Food Hygiene Regulations 2006, all food businesses must:

Ensure that all employees receive appropriate food safety and hygiene training.
Make sure that all products and ingredients can be traced back to the supplier.
Ensure that all food products are labelled correctly and meet the required hygiene standards.
Do not serve or keep for sale food that has been unsafe to eat.
Keep all food premises clean and ensure their design allows for good hygiene practices.
Provide adequate facilities for washing hands, food and equipment.
Store food at safe temperatures and ensure proper food handling.
Make sure that food waste is adequately stored and disposed of.
Ensure that staff regularly wash their hands and comply with all hygiene policies.
Have effective measures in place to prevent pests from accessing the premises.
Comply with the food safety legislation and be registered with the relevant local authorities.
Maintain comprehensive records to prove compliance with the general food law.

Every food business owner or operator must comply with the food hygiene and safety regulations. If any mistakes or negligence occur, they may be liable for prosecution.

How can a breach of food safety regulations lead to a personal injury claim?

A breach of any of the duties mentioned above could expose you to the risk of illness and injury. Common examples include:

Food poisoning from bacteria like Salmonella, E. coli, or Campylobacter.
Allergic reactions to peanuts or soy due to poor labelling.
Physical injuries from glass, metal or plastics found in food.
Other illnesses from toxins, chemicals and other unsafe compounds found in the food.

If a business owner has failed to comply with the required hygiene standards and you suffered avoidable harm, you may be able to make a personal injury claim for compensation.

The Food Hygiene Regulations 2006 will help establish whether a food business owed you a legal duty of care. They also provide the framework for proving a breach of that duty, such as improper storage or cross-contamination of food.

Am I eligible to make a claim under the Food Hygiene Regulations 2006?

Generally, you could make a claim against a restaurant, café, supermarket or another food business if the following can be supported by evidence:

The food business owed you a duty of care under the Food Hygiene Regulations.
They breached that duty by failing to follow hygiene or safety standards.
You suffered an injury or illness as a direct result of that breach.
You are within the legal time limit for starting a claim.

A personal injury solicitor can verify your eligibility during a free case assessment, with no obligation to proceed.

What evidence will I need to prove a breach of food safety regulations?

To prove a breach of food safety and support a compensation claim, you will need evidence such as:

Photographs or videos showing the problem, such as a foreign object in food or mould.
The hazardous product itself and its packaging.
Photos showing that the product was lacking essential allergen information.
Medical records confirming your diagnosis and the severity of your symptoms.
Receipts or other documents as proof of purchase.
Statements from others who witnessed the incident or experienced similar problems.
A copy of a formal report from the local authorities or the Food Standards Agency.
Proof of financial losses and expenses incurred as a result.

How long do I have to start a claim for injuries caused by unsafe food?

In most cases, you have three years from the date of the illness or the date you first became aware that your injury was caused by unsafe food to begin your claim. There are exceptions to this rule, which you can read about here: How long do I have to start a claim?

However, it is best to seek legal advice and start your claim as soon as possible. This will ensure that the evidence is not lost and your solicitor can build a strong case.

For a free initial consultation and legal advice, call 0800 470 0474 today or use our online contact form to request a call back.

Last edited on 30th Nov 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.