HACCP texts and directives
The Minister of Defence, the Minister of Agriculture and Fisheries, the Secretary of State for Health and the Secretary of State for Small and Medium-Sized Enterprises, Trade and Crafts,
Having regard to Council Directive 93/43/EEC of 14 June 1993 on the hygiene of foodstuffs;
Having regard to the rural code, and in particular its articles 258 to 262;
Having regard to the Public Health Code, and in particular its Articles L. 1, L. 11, L. 12 and L. 772;
In view of the consumer code;
Having regard to Decree No. 71-636 of 21 July 1971 issued for the application of Articles 258, 259 and 262 of the Rural Code and relating to the health and quality inspection of live animals and animal or animal-origin foodstuffs, and in particular Articles 3, 5, 7, 8, 25 and Article 26;
Having regard to Decree No. 84-1147 of 7 December 1984, as amended, implementing the law of 1 August 1905 on fraud and falsification of products or services with regard to the labelling and presentation of foodstuffs;
Having regard to Decree No. 85-755 of July 19, 1985 relating to hygiene, occupational safety and prevention at the Ministry of Defense;
Having regard to Decree No. 86-770 of June 10, 1986, as amended, establishing the list of diseases requiring mandatory notification;
Having regard to Decree No. 89-3 of January 3, 1989 relating to water intended for human consumption, excluding natural mineral water;
Having regard to Decree No. 91-409 of 26 April 1991 establishing the hygiene requirements for foodstuffs, products or beverages intended for human consumption, excluding those mentioned in Articles 258, 259 and 262 of the Rural Code, water intended for human consumption and natural mineral waters, and in particular Articles 2, 3, 4, 5, 10, 15, 19 and 20 thereof;
Having regard to Decree No. 91-685 of July 14, 1991 establishing the responsibilities of the armed forces health service, and in particular its Article 1;
Having regard to the decree of 26 June 1974 regulating the hygiene conditions relating to the preparation, storage, distribution and sale of pre-cooked meals;
Having regard to the decree of March 22, 1993 relating to ready-to-use raw plants and plant preparations intended for human consumption;
Having regard to the decree of 28 June 1994 relating to the identification and health approval of establishments placing animal or animal-origin foodstuffs on the market and to health marking;
Having regard to the opinion of the Higher Council for Public Hygiene of France,
Stop:
Article 1
This decree sets out the health and hygiene conditions to which public or private establishments providing a social catering service, free of charge or for a fee, and of which at least part of the clientele is made up of a group of regular consumers, are subject.
This particularly concerns restaurants linked to an administration or a company, restaurants of an inter-administrative or inter-company nature, school or university restaurants or restaurants linked to any educational establishment, restaurants in hospitals, clinics,
health and social establishments and restaurants of any structure for the reception of elderly people, nurseries, reception and charitable homes, camps, holiday centres and establishments and penitentiary establishments. The kitchens supplying these restaurants are also covered by this text.
Article 2
- For the application of this decree, the following terms shall be understood:
1. Central kitchen: establishment of which at least part of the activity consists of the production of culinary preparations prepared in advance for at least one satellite restaurant or a group of people of a social nature.
2. Satellite restaurant: establishment or premises served by a central kitchen.
3. Packaging: operation intended to protect foodstuffs, by using a first envelope or a first container in direct contact with the foodstuff as well as this first envelope or this first container itself.
4. Unpacking: operation intended to remove the first envelope or the first container placed in direct contact with foodstuffs.
5. Repackaging: operation intended to protect certain foodstuffs following unpackaging, by using a new first envelope or a new first container in direct contact with the foodstuff. However, such an operation, when combined with allotment (packaging-allotment), is not considered to be repackaging.
6. Culinary preparation prepared in advance: culinary preparation prepared by a collective catering establishment, the stability of which is not assured and the consumption of which:
a) Is handed over to a service subsequent to that which follows its preparation;
b) Without being postponed to a later service, takes place outside the premises adjoining the kitchen.
When these preparations are preserved by cold, it is a cold liaison service; when they are preserved by heat, it is a hot liaison service.
Without prejudice to its specific storage conditions, the stability of a culinary preparation is considered to be assured in the following cases:
a) Either the water activity value (Aw) is less than or equal to 0.95 and the pH less than 5.2;
b) Either the water activity value (Aw) is less than or equal to 0.91;
c) Either the pH is less than 4.5.
Article 3
Any person responsible for an establishment referred to in Article 1 is required to make a declaration to the prefect of the department (director of veterinary services) in which the establishment is located. This declaration is drawn up in duplicate on a form conforming to the model defined in Annex III for this activity, prior to the opening of the establishment. It is supplemented, where applicable, by the documents provided for in Articles 47 and 48. It must be renewed each time there is a change of operator or any significant change in the layout, equipment or use of the premises.
A receipt for this declaration is issued free of charge and must be presented at any request of the agents of the official control services.
For an organization placed under the authority or supervision of the Minister of Defense, the declaration is made to the director of the health service of the armed forces of the region where this organization is located.
Article 4
The managers of the establishments mentioned in Article 1 may refer as a means of applying this decree to a guide to good hygiene practices validated in accordance with the procedure published in the Official Journal of the French Republic of 24 November 1993, in particular with regard to the risk analysis provided for in Article 5 or the ageing studies provided for in Articles 40 and 42. The competent administrations take into consideration its implementation by the establishments concerned for the organisation and frequency of the control.
Article 5
The managers of the establishments mentioned in Article 1 must carry out regular self-checks in order to verify the conformity of the installations and the operation of their establishments with the provisions of this decree, as well as the conformity of the raw materials and finished products with the regulatory microbiological criteria which they must satisfy, where they exist.
These self-checks must in particular cover the products on receipt, the conditions of transport and storage of the food, the time-temperature pairs applied to the products throughout their development,
at the points and at the frequency where the risk analysis has made them necessary.
To establish the nature and frequency of self-checks, they must identify any aspect of their activities that is critical to food safety, and ensure that appropriate written safety procedures are established, implemented, complied with and updated based on the principles used to develop the HACCP (hazard analysis and critical control points) system, in particular:
1. Analyze and evaluate the potential food risks of an operation.
2. Highlight the levels and moments (the "points") of the operation where food risks may arise.
3. Establish which of these points are critical for food safety (the "critical points").
4. Define and implement, at each of these critical points, control procedures to ensure their effective control.
5. Define the corrective actions to be implemented when an inspection reveals that a critical point is no longer controlled or has not been controlled at a given time.
6. Define and implement specific procedures for verifying and monitoring the effectiveness of all the procedures thus put in place.
7. Review periodically, and with each modification of the operation studied,
food risk analysis, critical control points and their verification and monitoring procedures.
For each of the potential food risks that are highlighted,
preventive measures based on good hygiene practices are implemented.
The procedures used, duly documented, justifying the application of this decree are kept at the disposal of the official services during the inspection.
TITLE I GENERAL PROVISIONS
Chapter I - Layout, development and equipment of premises
Article 6
By their location, design, dimensions, construction and layout, the premises in which foodstuffs circulate, as well as the equipment in these premises, must:
a) Allow the storage of various foodstuffs (raw materials, semi-finished products, finished products) in ambient conditions, particularly temperature and humidity, compatible with their proper conservation;
(b) Not constitute in themselves, in particular due to the materials of which they are composed, a source of contamination for food;
(c) Facilitate the cleaning and disinfection operations of their various surfaces and, thereby, contribute to reducing the risks of contamination of foodstuffs to an acceptable level;
(d) To prevent fouling, contact with toxic materials or fluids, the release of particles into foodstuffs and the development of mould or the formation of undesirable condensation on surfaces;
(e) Not to provide, when working with foodstuffs, environmental conditions favourable to the multiplication of micro-organisms, in particular by sufficient separation of operations relating to hot and cold sectors, unless the risk analysis provided for in Article 5 shows that the control of these operations offers the same safety for the health of the consumer;
(f) Allow the continuous and rational progression in space of the various elementary operations leading to the development of finished products (forward movement in space), unless specific operating procedures are clearly defined, implemented and respected which effectively compensate for this design of the premises (forward movement in time);
(g) Enable the implementation of good hygiene practices, in particular by preventing external sources of contamination, such as domestic animals, plants, insects, rodents and other harmful animals, and by avoiding cross-contamination between foodstuffs, equipment, materials, water, ventilation, personnel, in particular by sufficient separation between clean and dirty areas.
Article 7
To meet the provisions of Article 6 above, any establishment mentioned in Article 1 must include at least:
(a) Sufficient toilets for kitchen staff,
including toilets with so-called "English-style" bowls,
connected to an efficient drainage system and equipped with permanently supplied toilet paper dispensers, not directly opening onto the premises in which foodstuffs circulate;
(b) Premises serving as changing rooms, sufficiently spacious and reserved for the use of staff, arranged and designed in such a way as to avoid the risk of contamination of work clothing;
(c) A general system of evacuation of waste water and rain water, sufficient and efficient, designed and constructed in such a way as to avoid any risk of contamination of foodstuffs;
(d) A system of adequate and sufficient ventilation of the premises, whether natural or mechanical, designed to facilitate access to air filters and other components requiring cleaning or replacement and, in any event, to avoid any flow of forced air from a contaminated area to a clean area;
e) Sufficient and suitable lighting of the premises;
(f) In the various premises where foodstuffs are handled and at the exit of staff toilets, a sufficient number of conveniently located, non-manually operated hand-washing stations, supplied with hot and cold running water and equipped with soap and hygienic towel dispensers;
(g) Suitable refrigeration equipment, of sufficient capacity with regard to the activity of the establishment and equipped with at least direct-reading thermometers and, for cold rooms of more than 10 cubic metres, adequate recording systems;
(h) If necessary, equipment for maintaining the temperature of hot dishes;
(i) Hygienic waste collection and disposal systems, equipped where necessary with non-manual controls for opening them and single-use sealed bags; and, for premises where foodstuffs are stored, prepared, treated or processed as well as for premises where equipment in direct contact with foodstuffs is washed and/or stored:
(j) Easy to clean and disinfect floor coverings made of waterproof, non-absorbent, shock-resistant, rot-proof, light-coloured, washable and non-toxic materials;
(k) If necessary, effective wash water drainage devices;
(l) Wall surfaces that are easy to clean and disinfect, made of waterproof, non-absorbent, shock-resistant, light-coloured, rot-proof, washable, non-toxic materials with a smooth surface;
(m) Intersection angles between the floor and wall surfaces allowing the state of cleanliness to be maintained at all times;
n) Easy-to-clean doors made of smooth, non-absorbent materials, shock-resistant, washable and rot-proof;
(o) Windows and other openings designed to prevent dirt and, where necessary, where they open onto the outside environment, fitted with insect protection systems which must be easily removable for cleaning;
(p) Ceilings, false ceilings and other suspended equipment designed and constructed in such a way as to allow the maintenance of a state of cleanliness at all times and to reduce condensation, prevent the development of mould and the spillage of particles onto foodstuffs or surfaces likely to come into contact with foodstuffs.
Article 8
Generally speaking, the various surfaces likely to come into contact with food are easy to clean and disinfect, made of smooth, light-coloured materials,
rot-proof, washable and non-toxic.
All materials and equipment with which food comes into contact must be kept clean at all times and:
(a) Constructed and maintained in such a way as to avoid the risk of contamination of foodstuffs;
(b) Constructed and maintained in such a way as to permit effective cleaning and, where necessary to avoid contamination of food, appropriate disinfection;
(c) Installed in such a way as to permit cleaning of the surrounding area.
Article 9
The supply of drinking water to the premises must be sufficient and comply with current regulations.
In particular, all sinks or other similar food washing facilities must have an adequate supply of potable water, hot and/or cold as required and relevant to the activity.
Non-potable water used for steam production, refrigeration unit supply, fire-fighting and other similar purposes must circulate in separate networks, without contact with foodstuffs, easily identifiable and without connection to drinking water systems or possibility of backflow into these same systems.
Chapter II - Use and maintenance of premises and equipment, waste management
Article 10
In order to limit any risk of contamination, the premises in which foodstuffs circulate and all their equipment in materials must be kept clean and in good condition of permanent maintenance. In the premises where foodstuffs are handled, prepared or stored unpackaged, the use of sawdust and dry sweeping are prohibited, as is the use of any unsuitable cleaning or disinfection product or process.
Article 11
It is prohibited to use the premises or equipment for storing and preparing food for purposes other than those provided for in the declaration referred to in Article 3.
Smoking and eating are prohibited in all areas where food is stored or handled and in areas used for cleaning operations.
Article 12
A cleaning and disinfection plan for all premises, including changing rooms and toilets, and equipment is defined in writing in a clear and precise manner, in accordance with the provisions of Article 5.
For each of the equipment and the different parts of the premises, this plan includes at least the following information:
(a) The frequency and times of day at which the various cleaning and disinfection operations are carried out;
(b) The precise operating procedure including, for each product used, the dilution, the temperature of use, the application time and the need for possible rinsing;
(c) The person responsible for cleaning and disinfection operations for each sector;
(d) The means put in place to verify the effectiveness of the plan.
Article 13
Appropriate methods, products and equipment are used to control insects, rodents and other harmful animals.
Dangerous substances and preparations, in particular insecticides, rodenticides and disinfectants, must be stored in lockable reserves or cabinets, clearly identified and specially allocated for this use.
Maintenance and cleaning products and equipment must be stored in a cabinet or room specially allocated for this purpose. The methods, equipment, materials and products referred to in this article must not under any circumstances constitute a risk of pollution of foodstuffs.
Article 14
Food waste and other types of waste are stored outside the food storage and handling areas, in containers equipped with lids. These containers are designed to be easy to maintain, clean and disinfect.
If necessary, they are stored in a closed room reserved for this purpose and refrigerated if necessary. Appropriate arrangements must be made to ensure regular and sufficiently frequent removal of the waste they contain.
In any event, the conditions of storage of the establishment's waste before its removal must not constitute a source of insalubrity for the neighbourhood or for the establishment itself. Thus, the container storage areas are designed and managed in such a way as to keep them clean at all times.
All appropriate measures are taken to prevent waste from contaminating foodstuffs, drinking water, equipment and premises, and to prevent access to insects, rodents and other animals, whether harmful or not.
Chapter III - Hygiene of operations involving foodstuffs
Article 15
The managers of the establishments mentioned in Article 1, or their delegates, take all necessary measures to ensure that the foodstuffs which pass through their establishments, whether at the time of delivery, storage, handling, preparation, marketing, transport, distribution or delivery to the consumer, comply with the regulatory provisions in force.
In addition, for animal or animal-origin foodstuffs whose establishments of origin are subject to the health approval established by Article 260 of the Rural Code, they ensure that their suppliers are approved and that the packaging of the foodstuffs is properly marked with health marks when these are provided for by the regulations, or, when an exemption exists for a category of foodstuffs, they verify that the establishment of origin of the foodstuffs concerned is actually exempt.
Article 16
Foodstuffs shall be stored in conditions that prevent any alteration or deterioration, in particular by maintaining them at temperatures lower than or equal to those set out in the annex to this decree. All foodstuffs that are stored, handled, packaged, transported or displayed must be protected against any contamination likely to make them unfit for human consumption.
Article 17
All handling or operations involving foodstuffs must be carried out in such a way as to limit the risks of contamination and the development of pathogenic micro-organisms or the formation of toxins to levels likely to entail a health hazard. To this end, specific hygiene rules must be established and applied, the effectiveness of which is monitored in accordance with the provisions of Article 5.
Article 18
Defrosting of foodstuffs is done in a way that is protected from any contamination. The shelf life of defrosted foodstuffs cannot exceed four days, including the day of defrosting.
Article 19
Culinary preparations intended to be preserved by heat until the time of their consumption are, from the end of the last heat treatment, maintained at a temperature greater than or equal to + 63 oC, unless the risk analysis provided for in Article 5 shows that a lower temperature does not pose a risk to the health of the consumer.
Article 20
When culinary preparations require the start of processing such as braising, roasting, browning, frying, blanching, poaching, prolonged boiling, pre-cooking, this operation may only be carried out the day before consumption at the earliest and must be followed, when it has been carried out, by rapid cooling.
Similarly, culinary preparations intended to be preserved by refrigeration must be rapidly cooled after the last stage of heat treatment or, in the absence of heat treatment, after the last stage of their preparation.
Article 21
Rapid cooling of foodstuffs shall be carried out in such a way that their core temperature does not remain at values between +63 oC and +10 oC for more than two hours, unless the risk analysis provided for in Article 5 has proven that less rapid cooling is still sufficient to ensure the wholesomeness of the foodstuffs. After cooling, these foodstuffs shall be kept in an enclosure with a temperature between 0 oC and +3 oC.
Article 22
The reheating of culinary preparations to be served hot shall be carried out in such a way that their temperature does not remain for more than one hour at values between + 10 oC and the temperature at which they are delivered to the consumer. In any event, this temperature may not be lower than + 63 oC, unless the risk analysis provided for in Article 5 has shown that a lower temperature does not pose a risk to the health of the consumer. These culinary preparations must be consumed on the day they are first reheated.
Article 23
Culinary preparations intended to be consumed cold are cooled rapidly, where appropriate, and stored immediately after their preparation and until final use in an enclosure with a temperature between 0 oC and + 3 oC.
These culinary preparations are removed from this enclosure as close as possible to consumption, within a maximum period of two hours, provided that the product is kept at a temperature lower than or equal to +10 oC, unless the risk analysis provided for in Article 5 shows that another time/temperature pair offers the same level of safety for consumers.
Article 24
The on-site production of raw minced meats intended for cooking must not take place more than two hours before consumption.
During this period, if it is not cooked immediately, it is kept away from contamination in an enclosure whose temperature is between 0 oC and + 3 oC.
Article 25
The recovery of food and drinks already served to the consumer is prohibited, with the exception of those which have not been unpackaged and which are stored at room temperature.
Surpluses of dishes included in the daily menu, not served to the consumer, may be presented the following day, provided that their wholesomeness is ensured and under the imperative condition of the implementation of specific self-monitoring procedures and the implementation of an effective means of identifying the date of manufacture of the corresponding dishes.
The provisions of the second paragraph of this article do not apply in satellite restaurants, with the exception of culinary preparations to be consumed cold which have not been unpackaged and have been kept, until their final use, in an enclosure whose temperature is between 0 oC and + 3 oC, without breaking the cold chain.
Article 26
When ice is to be used for the preparation of certain products or for maintaining their temperature, this ice is made from potable water, then handled and stored under conditions preventing any direct or indirect contamination of foodstuffs.
Chapter IV - Provisions relating to personnel
Article 27
In order to avoid any contamination by staff, any person working in a food handling area must maintain a high level of personal cleanliness and wear clean and suitable work clothing. With the exception of the distribution area, this clothing is light-coloured and includes, in particular, work-specific shoes and a head covering covering all of the hair. The outfit includes, where necessary, wearing a mouth-nose mask and the correctly controlled use of single-use gloves.
The person in charge of the establishment is required to take the necessary measures to ensure that the passage of any other person called upon, for whatever reason, to enter the premises where foodstuffs are prepared, treated or processed cannot constitute a source of contamination for the foodstuffs or their environment.
Article 28
No person known to be suffering from a disease likely to be transmitted by food shall be permitted to work in a food handling area, in any capacity, where there is thereby a risk of direct or indirect contamination of food by pathogenic organisms.
Any member of staff required to handle foodstuffs must have been declared fit to carry out such handling. The person in charge of the establishment shall ensure that this fitness is medically certified each year in compliance with the specific regulations in force.
Article 29
The person in charge of the establishment shall ensure that persons called upon to work in premises in which foodstuffs circulate follow precise instructions enabling them to apply the provisions of this decree. These persons shall receive ongoing training in food hygiene, adapted to the needs of each category of staff and the specific constraints of the facilities.
He ensures that the staff numbers are sufficient to allow the establishment to operate optimally in terms of hygiene.
Chapter V - Hygiene of restaurant rooms and similar premises
Article 30
Restaurant rooms and similar premises must not, due to their layout or the use made of them, constitute a risk of unsanitary conditions for food.
The presence of pets is prohibited, with the exception of guide dogs for the blind.
Walls, ceilings, partitions and floors, as well as furnishings, are kept in a good state of permanent cleanliness. Cleaning or washing of the floor is carried out at least after each day
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