Pest Legislation:

EXTRACT – FOOD HYGIENE (AMENDMENT) REGULATIONS 1990 (UNDER REGULATIONS 2(B) AND 4 (C))
The above regulations state that “The walls, floors, doors, windows, ceiling, woodwork and all other parts of the structure of every food room shall be kept clean and shall be kept in such good order, repair and condition as to prevent, so far as reasonably practicable the entry of birds, and any risk of infestation by rats, mice, insects or other pests”.

Food Hygiene (Amendment) Regulations 1990
The Food Hygiene (England) Regulations 2006

EXTRACTS FOOD SAFETY ACT 1990
Section 21 provides the defence of “due diligence” in any proceedings for an offence if the person charged is able to prove that all reasonable precautions were taken and due diligence exercised to avoid the offence being committed. Actions taken to prevent or control pests by engaging the services of authority or commercial pest control services may be put forward as part of a due diligence defence. It is recommended that any establishment that stores, prepares, holds, cooks or serves food for human consumption, including packaged confectionery, engage the services of a pest control company.

Food Safety Act 1990

FOOD SAFETY (GENERAL FOOD HYGIENE) REGULATIONS 1995
Chapter 1 section 2 c of the above regulations (Legal requirements) states that “Food businesses must take all reasonable precautions to prevent food pests, namely rats, mice, cockroaches, and flying insects gaining entry into food storage and preparation areas”. This is to prevent the contamination of foodstuffs.

The Food Safety (General Food Hygiene) Regulations 1995

Chapter 11 section 1 d of the above regulations (Legal requirement) states that “Windows and other openings which can be opened to the outside environment must where necessary be fitted with insect proof screens”.

It goes on to say that windows must be screened if:

  • They open directly into food preparation areas.
  • They are opened for ventilation during food preparation.
  • Screening is necessary to prevent a risk of infestation and/or contamination.

PENALTIES FOR NON-COMPLIANCE INCLUDE:

  • Fines of up to £20,000 for each offence
  • 6 months to 2 years’ imprisonment
  • Unlimited fines in Crown Court
  • Closure of premises
  • Loss of reputation
  • Loss of business and profits

FURTHER LEGISLATION RELATING TO PEST CONTROL:

  • The Environmental Protection Act 1990
  • Prevention of Damage by Pests Act 1949
  • The Protection of Animals Act 1911
  • Protection of Animals (Amendment) Act 1927
  • The Destructive Imported Animals Act 1932
  • Public Health Act 1936
  • Public Health Act 1961
  • The Prevention of Damage by Rabbits Act 1939
  • Agriculture Act 1947
  • Control of Pollution Act 1974
  • Health and Safety at Work Act 1974
  • The Poisons Act 1972
  • The Government Act 1972
  • Health Services and Public Health Act 1968 and the Public Health (Infectious Diseases) Regulations 1968
  • Pests Act 1954
  • The Control of Substances Hazardous to Health Regulation 1988
  • Control of Pesticides Regulations 1986
  • The Wildlife and Countryside (Amendment) Act 1985
  • Animal Health Act 1981
  • Dangerous Wild Animals Act 1976 and the Dangerous Wild Animals Act 1976 (Modification) Order 1984