In some circumstances a food business may be required to apply for formal 'approval' under European law if they handle foods of animal origin and supply this food to other food businesses. Once approval is granted the business will be given a unique identity code that must be applied to the packaging of all food produced at the premises. This approval process also allows food from that business to be freely traded across the European Union.
Approval is not required if a business sells their food direct to the public through a shop or restaurant, in which case they would just need to register their food business with the Council. Please see Registration of Food Businesses.
Food of animal origin includes:-
- Meat and poultry - whether fresh, frozen or cooked
- Meat products such as pies, sausage rolls, faggots, black pudding and bacon
- Raw or partially cooked minced meat or meat preparations such as sausages, burgers, marinated raw meat and kebab meat
- Fish and fish products such as fish fingers, prawns, lobsters, crabs and crayfish - whether dead or alive.
- Live bivalve molluscs
- Ready meals containing fish or meat
- Milk and dairy products such as butter, cream, cheese, yoghurt, ice-cream, etc.
- Frogs legs and snails
- Rendered animal fats and other animal by products such as gelatine, collagen, stomachs, bladders and intestines
- Honey and blood
Food businesses must not commence any business activity, which requires approval, unless they have received conditional or full approval for the proposed activity from Newcastle-under-Lyme Borough Council's Food and Safety Team.
To commence business without approval is an offence for which the business is likely to be prosecuted. Approval will not be given unless the food business meets the required standards.
To obtain approval you will need to meet certain hygiene standards, set out in:
- Regulation (EC) No 853/2004 Hygiene Rules for Food of Animal Origin
- Regulation (EC) No 852/2004 Hygiene of Foodstuffs
- Information regarding approvals and legislation are available on the Food Standards Agency website (external link).
Approval will be required before starting the business and must be applied for well in advance of your proposed start date. You are advised to contact us for advice prior to completing the form. There is no fee for this application.
The following supporting documents are required and can be uploaded:-
- Scale plan of establishment (mandatory)
- A detailed scale plan showing storage and processing areas and layout of facilities and equipment
- Information required by section 9 of the form (mandatory)
- Description of the food management system and the various arrangements listed in section 9
- Additional information for section 9 of the form (optional)
- Add as many documents as required to completely address section nine of the form
Should the food business be exempted from the requirement to be approved, it will then need to be registered with the Council's food and safety team as a food business. Please see Registration of Food Businesses.
There are some exemptions from the requirement to be approved. This is dependant on the location, amount and types of product being supplied and who it is being supplied to.
If the food business supplies food of animal origin to the final consumer, meaning the person who eats the food product, then they will be exempt from approval. Also, there may be an exemption available depending on the extent to which the business wishes to supply food of animal origin to other businesses.
How to apply for approval
Complete and submit the application form online. This will be required to process the approval and this should accompany the completed application form. Determination of the application will require a site visit and an officer will contact you within 14 days of receipt of the completed application in order to arrange this. You will be advised in writing within 28 days following the determination of your application for approval.
Refusal of approval
In the event of the application being refused, you will be notified of the reasons in writing and the matters necessary to satisfy approval requirements. You will also be advised of your right of appeal to the magistrates court.
Details of all approved sites and health identification marks are also available on the FSA website
If you require any further information please contact the Food and Safety Team
Last updated 27 October 2015