Food Stalls and Marquees (including Food Stalls at Farmers’ Markets)

This guidance has been produced to provide information for those selling food from market stalls or marquees about some of the requirements of Regulation (EC) No 852/2004 and the Food Hygiene (England) Regulations 2006, and to outline some good hygiene practices.

These food vending operations could be sited on the road side, at markets, or at events such as agricultural shows or fetes, or anywhere food is being prepared or sold as a commercial operation. Please note the guidance covers only the minimum standards for food stalls and marquees operating in the South Hams District Council area.

Registration as a Food Business

Regulation (EC) No 852/2004 Article 6(2) requires food business operators to register each establishment under their control with the local environmental health department, at least 28 days before opening. Nearly all business types will need to be registered, including food vending stalls, hot dog and ice cream vans, restaurants, hotels, cafes, shops, supermarkets, staff canteens, kitchens in offices, warehouses, guest houses, delivery vehicles, buffet cars on trains, and markets, etc.

Food Vending Vehicles

Vehicles and/or containers used for transporting foods must be capable of keeping foods at appropriate temperatures and allow those temperatures to be monitored. In other words, it may be necessary to have a vehicle with on board refrigeration, or to use insulated boxes to transport certain food products.

Foods in vehicles and/or containers must be placed and protected in a way that minimises the risk of contamination.

Vehicles and/or containers used to transport foods must be kept clean and maintained in good repair and condition, to protect foods from contamination.

Where necessary, they must be designed and constructed to allow adequate cleaning and/or disinfection.

Items used to hold food (eg boxes) in vehicles and/or containers must not be used for transporting anything other than foods where this may cause contamination.

Where vehicles and/or containers are used for transporting anything other than foods, or for transporting different foods at the same time, products must be separated effectively, where necessary.

Vehicles or mobile units must be cleaned effectively between use to avoid the risk of contamination. Where different foods have been transported in containers, these also need to be thoroughly cleaned in between uses.

Cleaning schedules should be used which specify areas/equipment/products and frequency cleaning of or allocate responsibility for cleaning tasks.

Use of thermometers

Checks must be made of storage/cooking/hot and cold display temperatures. N.B. Thermometer Calibration checks should also be carried out regularly (records should be kept).

Display of food

The length of time that food is displayed for must be limited if it is not kept refrigerated.

The 2 hour/4 hour rule must be adhered to and all unsold food disposed of if not sold.

It is good practice to dispose of food held at ‘hot’ temperatures after two hours on sale, and ready to eat foods not held under refrigeration, after four hours. More advice on temperature control is available from www.food.gov.uk

Management Responsibilities

Audits, checklists, spot checks. Ensuring good retail practice is followed. Rotate stock and check deliveries for damaged or unfit goods.

Training of staff

e.g. Minimum qualifications – Level 2 Food Hygiene Certificate. Training can also be carried out in house. Details should be kept of what training was given, and it is good practice to get the employee to sign a record of what training they have received.  A Directory of local trainers is available from your Environmental Health Officer.

Personal hygiene & Staff illness reporting (fitness to work)

Staff need to be made aware of the basic rules regarding clothing, hair covering, jewellery, food handling, hand washing, cleanliness etc.   Staff suffering from sickness and/or diarrhoea must be excluded from food handling. They may only return to work handling food after a minimum of 48 hours clear of symptoms.  Seek advice from your Environmental Health Officer.

Licences

A licence will be required to do the following things:

· sell hot food between 11pm and 5am

· sell food from a stall or van on the street

Businesses should contact the Council’s Licensing Department (01803) 861234 for information on all of these licences.

Health and Safety

The main piece of health and safety legislation is the Health and Safety at Work etc Act 1974. This sets out the general duties which employers, the self employed and people in control of premises have towards their employees and others who could be affected by their work activities, such as visitors and customers. It also gives employees the general duty to ensure the health and safety of themselves and each other. Further advice, including various leaflets, booklets and information sheets can be obtained from www.hse.gov.uk. The Food, Health and Safety team can also provide information and advice and South Hams District Council has produced some guidance notes on health and safety which can be found on the council’s website.

Please note that the Health and Safety Executive may be the enforcing authority where the main activity on a site is of an agricultural nature.

For more information:  

South Hams District Council Mobile Traders and Outdoor Caterers guidance.