• 0161 696 6170
  • Request a callback
Stephensons Solicitors LLP Banner Image

Food hygiene remedial action & detention notices

Environmental Health Officers can take a range of actions if they inspect a food business and find that food hygiene and safety in the establishment is not up to standard. All food businesses that prepare and/or serve food for human consumption are liable to be inspected, and if the inspection team find cause for concern, this can cause major issues for the business.

We have experience in helping restaurants and other food businesses to successfully navigate enforcement actions in relation to food standards. Call us on 0161 696 6250 to find out how we can help you.


Excellent4.6 score on Trustpilot
Rated 4.6 / 5 Based on 2021 reviews
Read all reviews

What is a remedial action notice?

If food hygiene or safety issues are found when your food business is being inspected, the Environmental Health Officer may choose to issue a remedial action notice, which will relate to a specific process that you normally use, equipment you use or other parts of your normal operation.

At the time of writing, remedial action notices can only be issued in England to food businesses that are approved under EC Regulation 853/2004, and not to English food businesses that are unapproved. However, in Wales, Scotland and Northern Ireland, they can be issued to food businesses that are either approved or unapproved.

The remedial action notice can be served to prohibit the use of any equipment or any area of the food business premises, to impose conditions on or stop a specific process, or to limit the operation of the business or stop it completely. Failure to comply with this notice is illegal.

This notice doesn’t require a breach as serious as one that poses an imminent risk to health (i.e. where a Hygiene Emergency Prohibition Notice could be served), and is often used where there are breaches of the guidelines such as a lack of hot water supply, cleaning issues or some cross- contamination problems.

What is a food hygiene detention notice?

A food hygiene detention notice refers to the enforcement action taken by an Environmental Health Officer who is inspecting a food business and wishes to detain some or all of the food present in the establishment. This could be used as evidence in a later prosecution if an offence is found to have occurred.

As an experienced food industry law firm, along with our expertise across the board in legal services for businesses, we can offer specialist support if you’ve received a food hygiene remedial action notice or a detention notice. Get in touch for more information by calling 0161 696 6250.  

loading staff

Luxury watch seized by Border Force or HMRC? These are your options

Stephensons has a team of specialist regulatory lawyers who provide advice and representation to businesses and individuals, nationally and internationally, in relation to the seizure of goods by UK Border Force and HM Revenue and Customs. Stephensons...

Read more

CQC publishes final guidance on visiting and accompanying in care homes, hospitals, and hospices

The Care Quality Commission (CQC) published its final guidance for health and social care providers on 4 April 2024, which outlines what providers must do to make sure they respect the right of each person to receive visits and to be accompanied in care...

Read more

Food industry reorder

  • Carl Johnson
  • Laura Hannah
  • Paul Loughlin​
  • Chloe Parish
  • Martin Haisley
  • Cameron Stubbs
  • Katie Wilson
  • Martyn Jackson
  • Skye MacPhee
  • Molly McMurtry
  • Sean Joyce