Regulation 2004/852 - Hygiene of foodstuffs - Main contents
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official title
Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2004/852 |
| Original proposal | COM(2000)438  |
| CELEX number i | 32004R0852 |
| Document | 29-04-2004 |
|---|---|
| Publication in Official Journal | 30-04-2004; OJ L 139, 30.4.2004,Special edition in Croatian: Chapter 13 Volume 015,Special edition in Bulgarian: Chapter 13 Volume 044,Special edition in Romanian: Chapter 13 Volume 044,Special edition in Slovenian: Chapter 13 Volume 034,Special edition in Slovak: Chapter 13 Volume 034,Special edition in Hungarian: Chapter 13 Volume 034,Special edition in Czech: Chapter 13 Volume 034,Special edition in Estonian: Chapter 13 Volume 034,Special edition in Maltese: Chapter 13 Volume 034,Special edition in Polish: Chapter 13 Volume 034,Special edition in Latvian: Chapter 13 Volume 034,Special edition in Lithuanian: Chapter 13 Volume 034 |
| Effect | 20-05-2004; Entry into force Date pub. + 20 See Art 18 01-01-2006; Application See Art 18 |
| End of validity | 31-12-9999 |
30.4.2004 |
EN |
Official Journal of the European Communities |
L 139/1 |
REGULATION (EC) No 852/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 29 April 2004
on the hygiene of foodstuffs
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 95 and 152(4)(b) thereof,
Having regard to the proposal from the Commission (1),
Having regard to the Opinion of the Economic and Social Committee (2),
Having consulted the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
Whereas:
(1) |
The pursuit of a high level of protection of human life and health is one of the fundamental objectives of food law, as laid down in Regulation (EC) No 178/2002 (4). That Regulation also lays down other common principles and definitions for national and Community food law, including the aim of achieving free movement of food within the Community. |
(2) |
Council Directive 93/43/EEC of 14 June 1993 on the hygiene of foodstuffs (5) laid down the general rules of hygiene for foodstuffs and the procedures for verification of compliance with these rules. |
(3) |
Experience has shown that these rules and procedures constitute a sound basis for ensuring food safety. In the context of the common agricultural policy, many Directives have been adopted to establish specific health rules for the production and placing on the market of the products listed in Annex I to the Treaty. These health rules have reduced trade barriers for the products concerned, contributing to the creation of the internal market while ensuring a high level of protection of public health. |
(4) |
With regard to public health, these rules and procedures contain common principles, in particular in relation to the manufacturers' and competent authorities' responsibilities, structural, operational and hygiene requirements for establishments, procedures for the approval of establishments, requirements for storage and transport and health marks. |
(5) |
These principles constitute a common basis for the hygienic production of all food, including products of animal origin listed in Annex I to the Treaty. |
(6) |
In addition to this common basis, specific hygiene rules are necessary for certain foodstuffs. Regulation (EC) No /2004 of the European Parliament and of the Council of ... laying down specific hygiene rules for food of animal origin (6) lays down these rules. |
(7) |
The principal objective of the new general and specific hygiene rules is to ensure a high level of consumer protection with regard to food safety. |
(8) |
An integrated approach is necessary to ensure food safety from the place of primary production up to and including placing on the market or export. Every food business operator along the food chain should ensure that food safety is not compromised. |
(9) |
Community rules should not apply either to primary production for private domestic use, or to the domestic preparation, handling or storage of food for private domestic consumption. Moreover, they should apply only to undertakings, the concept of which implies a certain continuity of activities and a certain degree of organisation. |
(10) |
Food hazards present at the level of primary production should be identified and adequately controlled to ensure the achievement of the objectives of this Regulation. However, in the case of the direct supply of small quantities of primary products, by the food business operator producing them, to the final consumer or to a local retail establishment, it is appropriate to protect public health through national law, in particular because of the close relationship between the... |
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