Advice and guidance for small scale producers on relevant food law and food hygiene requirements
This guidance helps small scale producers, such as farmers, crofters and small businesses, understand the food hygiene legal requirements which may apply to them.
Our guidance is an aid and is by no means exhaustive. For more detailed advice, contact your local authority and ask for the advice of your local environmental health officer.
Please see the below scenarios demonstrating obligations around food hygiene regulations.
You have some hens and use the eggs they lay for your own personal consumption or for sharing with family and neighbours.
You are exempt from all of the outlined regulations as you are keeping the food you produce for private domestic consumption.
You sell small amounts of fruit, vegetables or eggs you have produced on farm/croft to a local restaurant.
You are exempt from Retained Regulations 852/2004 and 853/2004 and therefore do not need to register as a food business or abide by any of the specific food hygiene controls.
You must still abide by Retained Regulation 178/2002, including the obligation to supply safe food and maintain traceability. This is because you are only supplying primary products direct to the final consumer or local retail establishments who supply the final consumer.
You have some of your livestock (cattle, sheep, pigs etc.) slaughtered and butchered at a slaughterhouse and sell the meat to a local restaurant or at a local farmer’s market.
You are exempt from Retained Regulation 853/2004 but must abide by Retained Regulations 178/2002 and 852/2004. This means you must be registered as a food business with your local authority. This is because once your livestock have been slaughtered and butchered they are no longer primary products and you are therefore not eligible for the exemption which applies to the direct supply of primary products.
Food hygiene regulations in Scotland are based on EU laws that have been retained post-Brexit. Three key regulations apply: Retained Regulation 178/2002, which sets out general food law; Retained Regulation 852/2004, covering general hygiene requirements; and Retained Regulation 853/2004, which deals specifically with food of animal origin. If you're a small producer supplying directly to final consumers or local businesses (like restaurants or farm shops), you may be exempt from some of these rules—particularly 852/2004 and 853/2004. However, Regulation 178/2002 still applies, meaning you must ensure food safety and maintain traceability records of suppliers and customers.
You must register as a food business with your local authority if you process food beyond primary production (e.g. selling butchered meat). A food safety management system based on HACCP principles is also required unless you're exempt. Exemptions generally apply to private domestic use or direct supply of small quantities of primary products. If you’re unsure whether your operation qualifies for exemptions, it’s best to consult your local Environmental Health Officer or Food Standards Scotland.
