Annex I, Part A of Regulation (EC) No 852/2004 — Hygiene requirements for primary production
Updated 2026-07-12 · Consolidated text as of 2021-03-24 · Reviewed by: Redazione ce85204 — revisione editoriale assistita da AI (2026-07-12)
Annex I, Part A of Regulation (EC) No 852/2004 requires primary producers to protect products against contamination (point 2), keep equipment and vehicles clean and use potable water (points 4-5), and retain records (points 7-9). Point 5-bis, added by Regulation (EU) 2021/382, bars reusing equipment handled for allergenic products on allergen-free food without prior cleaning.
I. Scope
1This Annex applies to primary production and the following associated operations:
(a) the transport, storage and handling of primary products at the place of production, provided that this does not substantially alter their nature;
(b) the transport of live animals, where this is necessary to achieve the objectives of this Regulation;
and
- (c) in the case of products of plant origin, fishery products and wild game, transport operations to deliver primary products, the nature of which has not been substantially altered, from the place of production to an establishment.
II. Hygiene provisions
2As far as possible, food business operators are to ensure that primary products are protected against contamination, having regard to any processing that primary products will subsequently undergo.
3Notwithstanding the general duty laid down in paragraph 2, food business operators are to comply with appropriate Community and national legislative provisions relating to the control of hazards in primary production and associated operations, including:
- (a) measures to control contamination arising from the air, soil, water, feed, fertilisers, veterinary medicinal products, plant protection products and biocides and the storage, handling and disposal of waste;
and
- (b) measures relating to animal health and welfare and plant health that have implications for human health, including programmes for the monitoring and control of zoonoses and zoonotic agents.
4Food business operators rearing, harvesting or hunting animals or producing primary products of animal origin are to take adequate measures, as appropriate:
(a) to keep any facilities used in connection with primary production and associated operations, including facilities used to store and handle feed, clean and, where necessary after cleaning, to disinfect them in an appropriate manner;
(b) to keep clean and, where necessary after cleaning, to disinfect, in an appropriate manner, equipment, containers, crates, vehicles and vessels;
(c) as far as possible to ensure the cleanliness of animals going to slaughter and, where necessary, production animals;
(d) to use potable water, or clean water, whenever necessary to prevent contamination;
(e) to ensure that staff handling foodstuffs are in good health and undergo training on health risks;
(f) as far as possible to prevent animals and pests from causing contamination;
(g) to store and handle waste and hazardous substances so as to prevent contamination;
(h) to prevent the introduction and spread of contagious diseases transmissible to humans through food, including by taking precautionary measures when introducing new animals and reporting suspected outbreaks of such diseases to the competent authority;
(i) to take account of the results of any relevant analyses carried out on samples taken from animals or other samples that have importance to human health;
and
- (j) to use feed additives and veterinary medicinal products correctly, as required by the relevant legislation.
5Food business operators producing or harvesting plant products are to take adequate measures, as appropriate:
(a) to keep clean and, where necessary after cleaning, to disinfect, in an appropriate manner, facilities, equipment, containers, crates, vehicles and vessels;
(b) to ensure, where necessary, hygienic production, transport and storage conditions for, and the cleanliness of, plant products;
(c) to use potable water, or clean water, whenever necessary to prevent contamination;
(d) to ensure that staff handling foodstuffs are in good health and undergo training on health risks;
(e) as far as possible to prevent animals and pests from causing contamination;
(f) to store and handle wastes and hazardous substances so as to prevent contamination;
(g) to take account of the results of any relevant analyses carried out on samples taken from plants or other samples that have importance to human health;
and
- (h) to use plant protection products and biocides correctly, as required by the relevant legislation.
5-bisEquipment, conveyances and/or containers used for the harvesting, transport or storage of one of the substances or products causing allergies or intolerances, referred to in Annex II to Regulation (EU) No 1169/2011, shall not be used for the harvesting, transport or storage of any food not containing that substance or product, unless the equipment, conveyances and/or containers have been cleaned and checked at least for the absence of any visible debris of that substance or product.
6Food business operators are to take appropriate remedial action when informed of problems identified during official controls.
III. Record-keeping
7Food business operators are to keep and retain records relating to measures put in place to control hazards in an appropriate manner and for an appropriate period, commensurate with the nature and size of the food business. Food business operators are to make relevant information contained in these records available to the competent authority and receiving food business operators on request.
8Food business operators rearing animals or producing primary products of animal origin are, in particular, to keep records on:
(a) the nature and origin of feed fed to the animals;
(b) veterinary medicinal products or other treatments administered to the animals, dates of administration and withdrawal periods;
(c) the occurrence of diseases that may affect the safety of products of animal origin;
(d) the results of any analyses carried out on samples taken from animals or other samples taken for diagnostic purposes, that have importance for human health;
and
- (e) any relevant reports on checks carried out on animals or products of animal origin.
9Food business operators producing or harvesting plant products are, in particular, to keep records on:
(a) any use of plant protection products and biocides;
(b) any occurrence of pests or diseases that may affect the safety of products of plant origin;
and
- (c) the results of any relevant analyses carried out on samples taken from plants or other samples that have importance to human health.
10The food business operators may be assisted by other persons, such as veterinarians, agronomists and farm technicians, with the keeping of records.
At a glance
- Part A applies to primary production and associated operations — transport, storage and handling of primary products at the place of production, transport of live animals, and delivery of unaltered primary products to establishments Annex I, Part A, point 1 of Regulation (EC) No 852/2004.
- The core hygiene duty is to protect primary products against contamination, having regard to any subsequent processing Annex I, Part A, point 2 of Regulation (EC) No 852/2004; specific duties follow on cleaning, potable water, staff health and training, and waste management Annex I, Part A, point 4 of Regulation (EC) No 852/2004.
- Point 5-bis, added by Regulation (EU) 2021/382, bars using equipment, conveyances and containers handled for allergenic substances on food not containing them, unless cleaned and checked for the absence of visible debris Annex I, Part A, point 5-bis of Regulation (EC) No 852/2004.
- Section III requires keeping and retaining records on hazard-control measures, for a period commensurate with the nature and size of the business Annex I, Part A, point 7 of Regulation (EC) No 852/2004.
- Primary production is exempt from the HACCP obligation of Article 5 Article 5(3) of Regulation (EC) No 852/2004, but not from the requirements of this Part A nor from the general duty of Article 4 Article 4(1) of Regulation (EC) No 852/2004.
Commentary
Rationale and origin
Part A is the binding core of Annex I: it turns into concrete duties the principle that food safety begins in the field and in the barn. The drafting technique is deliberately elastic. The duties in points 4 and 5 are introduced by "as appropriate" and performed "where necessary", "as far as possible": the measure is not a rigid, one-size-fits-all requirement but a response proportionate to the actual risk of the operation. This elasticity is the primary-stage counterpart of the flexibility for small businesses that runs through the whole Regulation, and it must be read together with the general duty to protect food set out in Article 4 Article 4(1) of Regulation (EC) No 852/2004.
Material scope: section I
Point 1 delimits the scope of the Annex: beyond primary production in the strict sense, it covers three associated operations — the transport, storage and handling of primary products at the place of production, provided this does not substantially alter their nature; the transport of live animals; and, for plant products, fishery products and wild game, transport for delivery from the place of production to an establishment Annex I, Part A, point 1 of Regulation (EC) No 852/2004. The threshold of "substantial alteration of nature" is decisive: once the product is processed (for instance milling grain, pasteurising milk), the activity leaves primary production and enters the scope of Annex II and the HACCP obligation of Article 5 Article 5(1) of Regulation (EC) No 852/2004.
Material scope: section II (hygiene provisions)
The heart of Part A is section II. Point 2 sets the general duty: as far as possible, to protect primary products against contamination, having regard to any subsequent processing Annex I, Part A, point 2 of Regulation (EC) No 852/2004. Point 3 refers to Union and national provisions on hazard control, in particular contamination from air, soil, water, feed, fertilisers, veterinary medicinal products, plant protection products and biocides, and measures on animal health and welfare and plant health relevant to humans, including zoonoses monitoring programmes Annex I, Part A, point 3 of Regulation (EC) No 852/2004.
Points 4 and 5 then set out operational duties for two categories of operator:
| Area | Animal production (point 4) | Plant production (point 5) |
|---|---|---|
| Cleaning and disinfection | Facilities, equipment, containers, crates, vehicles and vessels | Facilities, equipment, containers, crates, vehicles and vessels |
| Water | Potable or clean water to prevent contamination | Potable or clean water to prevent contamination |
| Staff | In good health and trained on health risks | In good health and trained on health risks |
| Waste and hazardous substances | Store and handle so as to prevent contamination | Store and handle so as to prevent contamination |
| Pests | Prevent contamination by animals and pests | Prevent contamination by animals and pests |
| Chemicals | Correct use of feed additives and veterinary medicinal products | Correct use of plant protection products and biocides |
Point 4 adds, for animal keepers, the cleanliness of animals going to slaughter, the prevention of the introduction and spread of diseases transmissible to humans with a duty to report suspected outbreaks to the competent authority, and taking account of the results of relevant analyses Annex I, Part A, point 4 of Regulation (EC) No 852/2004. The notion of "clean water" allowed as an alternative to potable water is consistent with the water supply rules of Annex II Annex II, Chapter VII, point 1 of Regulation (EC) No 852/2004.
Point 5-bis: allergens in equipment, conveyances and containers
Point 5-bis is the most significant novelty of Part A and was inserted by Regulation (EU) 2021/382, applicable from 24 March 2021 Article 1 of Regulation (EU) 2021/382. The rule: equipment, conveyances and/or containers used for the harvesting, transport or storage of one of the substances or products causing allergies or intolerances — those listed in Annex II to Regulation (EU) No 1169/2011 Annex II of Regulation (EU) No 1169/2011 — shall not be used for food not containing that substance, unless they have been cleaned and checked at least for the absence of visible debris Annex I, Part A, point 5-bis of Regulation (EC) No 852/2004.
Three points deserve attention. First, the reach: the provision extends to the primary stage the logic of managing cross-contamination by allergens, previously addressed mainly downstream. Second, the verification standard: the rule requires at least a check for "the absence of visible debris", a minimum observable threshold rather than an analytical limit; in our view this does not rule out that, where the risk warrants it, the operator must adopt more rigorous cleaning procedures. Third, coordination with consumer information: unintended allergen presence is not governed by the duty to declare intentionally used allergenic ingredients under Regulation (EU) No 1169/2011 Article 9 of Regulation (EU) No 1169/2011, but point 5-bis aims precisely to prevent that contamination at source.
Section II closes with point 6, requiring remedial action when the operator is informed of problems identified during official controls Annex I, Part A, point 6 of Regulation (EC) No 852/2004, in conjunction with the official-controls system of Regulation (EU) 2017/625 Article 9 of Regulation (EU) 2017/625.
Section III: record-keeping
Point 7 requires keeping and retaining records on the measures put in place to control hazards, in an appropriate manner and for a period commensurate with the nature and size of the business, and making the relevant information available to the competent authority and to receiving operators on request Annex I, Part A, point 7 of Regulation (EC) No 852/2004: this is the basis of traceability at the primary stage, which dovetails with the general traceability duty of food law Article 18 of Regulation (EC) No 178/2002. Points 8 and 9 specify the minimum content: for animal keepers, the nature and origin of feed, veterinary medicinal products with dates and withdrawal periods, diseases, and the results of analyses and checks Annex I, Part A, point 8 of Regulation (EC) No 852/2004; for plant producers, use of plant protection products and biocides, pests or diseases, and analysis results Annex I, Part A, point 9 of Regulation (EC) No 852/2004. Point 10 allows operators to be assisted in record-keeping by veterinarians, agronomists and farm technicians Annex I, Part A, point 10 of Regulation (EC) No 852/2004.
Coordination with other rules
Part A coordinates with the general duty of Article 3 and the requirements of Article 4 Article 4(1) of Regulation (EC) No 852/2004; with the HACCP exemption for primary production Article 5(3) of Regulation (EC) No 852/2004; with Part B of the same Annex, which guides the guides to good practice Annex I, Part B, point 1 of Regulation (EC) No 852/2004; and, for products of animal origin, with the specific requirements of Regulation (EC) No 853/2004 Article 1 of Regulation (EC) No 853/2004.
Penalties
The requirements of Part A are not backed by penalties of the Regulation's own: enforcement is national. Member States lay down effective, proportionate and dissuasive penalties for infringements Article 17(2) of Regulation (EC) No 178/2002. A comparative view is provided in the countries section.
Case law
As at the date of this update, there is no Court of Justice of the European Union ruling dedicated specifically to Annex I, Part A of Regulation (EC) No 852/2004. EU case law on hygiene has focused on stages after primary production and on the microbiological criteria of Regulation (EC) No 2073/2005; for the wider picture see the page on Article 5.
Implementation in the Member States
Part A is directly applicable and requires no transposition. Member States act on three fronts: penalties for non-compliance, the regime for direct supply of small quantities left to national law Article 1(2) of Regulation (EC) No 852/2004, and guides to good practice for primary production (see Part B). A country-by-country summary is in the countries section.
Common errors
- Believing primary production is free from any hygiene duty because it is HACCP-exempt. The exemption in Article 5 concerns only the HACCP procedures Article 5(3) of Regulation (EC) No 852/2004: Part A still requires protection against contamination, cleaning, potable water and records Annex I, Part A, point 2 of Regulation (EC) No 852/2004.
- Ignoring point 5-bis on allergens. From 24 March 2021, equipment, conveyances and containers used for allergenic products may not be used for food not containing them without cleaning and a visible-debris check Annex I, Part A, point 5-bis of Regulation (EC) No 852/2004: this is an obligation, not a recommendation.
- Treating records as a mere formality. The records under points 7-9 must be made available to the authority and to downstream operators on request Annex I, Part A, point 7 of Regulation (EC) No 852/2004 and are the foundation of traceability at the primary stage Article 18 of Regulation (EC) No 178/2002.
Frequently asked questions
Who does Annex I, Part A apply to?
To food business operators carrying out primary production (farming, rearing, hunting, fishing, harvesting) and associated operations: the transport, storage and handling of primary products at the place of production, the transport of live animals, and the delivery of unaltered primary products to establishments Annex I, Part A, point 1 of Regulation (EC) No 852/2004.
What does point 5-bis require on allergens?
It prohibits using equipment, conveyances and containers handled for allergenic substances or products (Annex II to Regulation (EU) No 1169/2011 Annex II of Regulation (EU) No 1169/2011) on food not containing them, unless first cleaned and checked for the absence of visible debris Annex I, Part A, point 5-bis of Regulation (EC) No 852/2004. It was added by Regulation (EU) 2021/382 and applies from 24 March 2021 Article 1 of Regulation (EU) 2021/382.
Must primary producers use potable water?
They must use potable or clean water wherever necessary to prevent contamination Annex I, Part A, point 4 of Regulation (EC) No 852/2004. The notion of clean water is consistent with the water supply rules of Annex II Annex II, Chapter VII, point 1 of Regulation (EC) No 852/2004.
What records must a primary producer keep?
Records on hazard-control measures Annex I, Part A, point 7 of Regulation (EC) No 852/2004. For animal keepers: feed, veterinary medicinal products with dates and withdrawal periods, diseases, and analyses and checks Annex I, Part A, point 8 of Regulation (EC) No 852/2004. For plant producers: plant protection products and biocides, pests or diseases, and analyses Annex I, Part A, point 9 of Regulation (EC) No 852/2004.
How long must primary-production records be kept?
For an appropriate period, commensurate with the nature and size of the food business Annex I, Part A, point 7 of Regulation (EC) No 852/2004: the Regulation sets no uniform numerical duration. The concrete period is left to practice and to sector guides (see Part B).
Is a small farmer selling directly to consumers subject to Part A?
The direct supply of small quantities of primary products from the producer to the final consumer or to local retail is excluded from the scope of the Regulation and left to national law Article 1(2) of Regulation (EC) No 852/2004. Outside that case, the primary producer remains subject to the requirements of Part A. Operational aspects are covered in the obligations and sectors sections.
Sources
- EUR-Lex — Regulation (EC) No 852/2004, text consolidated as of 24 March 2021 (CELEX 02004R0852-20210324): https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02004R0852-20210324 — accessed 2026-07-12.
- EUR-Lex — Commission Regulation (EU) 2021/382 of 3 March 2021 (CELEX 32021R0382): https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32021R0382 — accessed 2026-07-12.
- EUR-Lex — Regulation (EU) No 1169/2011, Annex II (substances or products causing allergies or intolerances): https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02011R1169-20180101 — accessed 2026-07-12.
- EUR-Lex — Regulation (EC) No 178/2002, Article 18 (traceability): https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02002R0178-20240701 — accessed 2026-07-12.
Drafting and review
ce85204 editorial team. Draft generated with AI from primary sources; editorial review assisted by AI (see methodology).