The food hygiene of a restaurant is of crucial importance from a marketing point of view. In addition, the regulations impose strict rules concerning the health and cleanliness conditions of a restaurant.
Hygiene checks by independent laboratories are frequent and sanctions can then go as far as the closure of the establishment. Knowing the regulations is therefore essential to protect yourself from unpleasant surprises.
Rules in terms of hygiene and sanitation in restaurants
Declaration of existence (Art. R.233-4 of the Rural and Maritime Fisheries Code) :
- Who: The operator;
- What : Any creation, takeover or transformation of a restaurant;
- When: Before the establishment opened;
- Where : The veterinary services of the Prefecture of the place of establishment:
- Departmental Directorate for Social Cohesion and Population Protection; or,
- Department of Food, Agriculture and Forestry.
To note : the professional must specify whether he is implementing freezing when declaring the establishment's activity (DEER 13984*01).
Departmental Health Regulations
The departmental health regulations are the reference text for the various health questions. There is one per department even if the different regulations are very similar in their wording.
The departmental health regulations provide (article 63) that air extractions must be at least 8 meters from the nearest window.
Stopped from 21 December 2009
The decree of December 21, 2009 relating to health rules applicable to retail, storage and transport activities for products of animal origin and foodstuffs containing them.
The main items:
- Section 3 : Temperature control requirements for the preservation of animal products and foodstuffs containing them;
- 4 : Special provisions applicable to establishments storing products of animal origin and foodstuffs containing them;
- 5 : Special provisions applicable to the transport of products of animal origin and foodstuffs containing them;
- 6 and 7 : Special provisions applicable to collective catering establishments;
- 8 : Special provisions applicable to direct delivery establishments.
Stopped from 8 October 2013
The decree of 8 October 2013 relating to health rules applicable to retail trade, storage and transport activities of products and foodstuffs other than products of animal origin and foodstuffs containing them
THEstopped provides for hygiene rules applicable to hotels cafes and restaurants. In particular, it provides for the temperatures that freezers, cold rooms and others must respect.
Formation in food hygiene in a restaurant
An employee must be trained in food hygiene in each commercial catering establishment (article L. 233-4 of the Rural and Maritime Fisheries Code). This obligation thus includes: on all establishments catering (food truck, cafeterias, tea rooms...).
Holders of certain degrees or persons who can prove a minimum of three years of experience as a legal representative, manager or manager of an establishment in the food sector may be exempt from the training requirement.
Penalties for non-compliance with these provisions :
- Formal notice to comply within 6 months,
- In case of non-execution, a 5th class fine, up to 3000 euros (Article R. 205-6 of the Rural and Maritime Fisheries Code).
For any regulatory question in Hotels Cafés Restaurants, do not hesitate to contact our expert lawyers.
