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Annex II, Ch. II of Regulation (EC) No 852/2004 — Preparation rooms: floors, walls, ceilings, surfaces, washing of equipment and food

Updated 2026-07-12 · Consolidated text as of 2021-03-24 · Reviewed by: Redazione ce85204 — revisione editoriale assistita da AI (2026-07-12)

Chapter II of Annex II to Regulation (EC) No 852/2004 requires that in preparation rooms floors, walls, ceilings and food-contact surfaces be easy to clean, using smooth, washable and non-toxic materials, and provides for facilities to wash utensils and food.

CHAPTER II — Specific requirements in rooms where foodstuffs are prepared, treated or processed (excluding dining areas and those premises specified in chapter III)Text consolidated as of 2021-03-24 — source EUR-Lex
1

In rooms where food is prepared, treated or processed (excluding dining areas and those premises specified in Chapter III, but including rooms contained in means of transport) the design and layout are to permit good food hygiene practices, including protection against contamination between and during operations. In particular:

  • (a) floor surfaces are to be maintained in a sound condition and be easy to clean and, where necessary, to disinfect. This will require the use of impervious, non-absorbent, washable and non-toxic materials unless food business operators can satisfy the competent authority that other materials used are appropriate. Where appropriate, floors are to allow adequate surface drainage;

  • (b) wall surfaces are to be maintained in a sound condition and be easy to clean and, where necessary, to disinfect. This will require the use of impervious, non-absorbent, washable and non-toxic materials and require a smooth surface up to a height appropriate for the operations unless food business operators can satisfy the competent authority that other materials used are appropriate;

  • (c) ceilings (or, where there are no ceilings, the interior surface of the roof) and overhead fixtures are to be constructed and finished so as to prevent the accumulation of dirt and to reduce condensation, the growth of undesirable mould and the shedding of particles;

  • (d) windows and other openings are to be constructed to prevent the accumulation of dirt. Those which can be opened to the outside environment are, where necessary, to be fitted with insect-proof screens which can be easily removed for cleaning. Where open windows would result in contamination, windows are to remain closed and fixed during production;

  • (e) doors are to be easy to clean and, where necessary, to disinfect. This will require the use of smooth and non-absorbent surfaces unless food business operators can satisfy the competent authority that other materials used are appropriate;

and

  • (f) surfaces (including surfaces of equipment) in areas where foods are handled and in particular those in contact with food are to be maintained in a sound condition and be easy to clean and, where necessary, to disinfect. This will require the use of smooth, washable corrosion-resistant and non-toxic materials, unless food business operators can satisfy the competent authority that other materials used are appropriate.
2

Adequate facilities are to be provided, where necessary, for the cleaning, disinfecting and storage of working utensils and equipment. These facilities are to be constructed of corrosion-resistant materials, be easy to clean and have an adequate supply of hot and cold water.

3

Adequate provision is to be made, where necessary, for washing food. Every sink or other such facility provided for the washing of food is to have an adequate supply of hot and/or cold potable water consistent with the requirements of Chapter VII and be kept clean and, where necessary, disinfected.

At a glance

Commentary

Rationale and origin

Chapter II specialises, for preparation rooms, the general requirements set by Chapter I: whereas Chapter I concerns every food premises, Chapter II focuses on the surfaces and facilities of the rooms where food is physically handled Annex II, Chapter II, point 1 of Regulation (EC) No 852/2004. The two chapters are cumulative: a preparation room must meet both the general requirements of Chapter I and the specific requirements of Chapter II. The obligation flows from Article 4(2) Article 4(2) of Regulation (EC) No 852/2004, and the requirements act as prerequisites of HACCP Article 5(1) of Regulation (EC) No 852/2004.

The objective declared in paragraph 1 is twofold: to permit good food hygiene practices and to prevent cross-contamination "between and during operations" Annex II, Chapter II, point 1 of Regulation (EC) No 852/2004. This is the interpretive key to all the sub-points that follow: the choice of materials and surfaces is not an end in itself but a means of preventing the transmission of contaminants.

Scope

The Chapter applies to rooms where food is prepared, treated or processed, including rooms in means of transport, and excluding dining areas and the premises of Chapter III Annex II, Chapter II, point 1 of Regulation (EC) No 852/2004. This covers restaurant kitchens, the workrooms of bars and patisseries, and processing departments. Paragraph 1 lists six requirements on surfaces (points (a)-(f)); paragraphs 2 and 3 add the washing facilities.

PointRequirement
1(a)floors maintained in a sound condition, easy to clean and disinfect; impervious, non-absorbent, washable and non-toxic material; adequate drainage where appropriate
1(b)walls maintained in a sound condition, easy to clean; impervious, non-absorbent, washable and non-toxic material; smooth surface up to an appropriate height
1(c)ceilings and overhead fixtures constructed to prevent the accumulation of dirt, condensation, mould and the shedding of particles
1(d)windows and openings constructed to prevent the accumulation of dirt; insect-proof screens where necessary; kept closed during production where opening would cause contamination
1(e)doors easy to clean, with smooth and non-absorbent surfaces
1(f)surfaces, including those of equipment, in contact with food maintained in a sound condition; smooth, washable, corrosion-resistant and non-toxic materials
2facilities for cleaning, disinfecting and storing working utensils, where necessary; corrosion-resistant material, hot and cold water
3facilities for washing food, where necessary; hot and/or cold potable water consistent with Chapter VII

The materials derogation. Points (a), (b), (e) and (f) contain a recurring clause: the listed materials are required "unless food business operators can satisfy the competent authority that other materials used are appropriate" Annex II, Chapter II, point 1 of Regulation (EC) No 852/2004. This is a reasoned technical derogation: the FBO may use materials other than the typical ones, but must demonstrate their suitability to the competent authority. The governing criterion remains the objective of paragraph 1 (cleanability and absence of contamination), not the list of materials as such.

Coordination with other rules

Chapter II complements Chapter I, which sets the general requirements for the premises Annex II, Chapter I, point 1 of Regulation (EC) No 852/2004, and expressly refers to Chapter VII for the quality of the water used to wash food Annex II, Chapter II, point 3 of Regulation (EC) No 852/2004 Annex II, Chapter VII, point 1 of Regulation (EC) No 852/2004. It also coordinates with Chapter V on equipment, which generally governs food-contact materials and their cleaning Annex II, Chapter V, point 1 of Regulation (EC) No 852/2004. Verification during official controls is governed by Regulation (EU) 2017/625 Article 9 of Regulation (EU) 2017/625.

Practice and interpretation

Washable surfaces and wall height. Point (b) requires a smooth surface "up to a height appropriate for the operations" Annex II, Chapter II, point 1 of Regulation (EC) No 852/2004: the rule fixes no height in centimetres but ties it to the operations carried out. Practice and sector guides specify the height of washable coverings according to the type of processing.

Openable windows and insect screens. Insect-proof screens are required "where necessary" on openings to the outside; where open windows would cause contamination, they must remain closed and fixed during production Annex II, Chapter II, point 1 of Regulation (EC) No 852/2004. This is a functional requirement, not an absolute one: it depends on the actual conditions of the room.

Washing of food and of equipment. Paragraphs 2 and 3 distinguish facilities for washing working utensils from facilities for washing food; both are required "where necessary" Annex II, Chapter II, point 2 of Regulation (EC) No 852/2004 Annex II, Chapter II, point 3 of Regulation (EC) No 852/2004. In our view the error to avoid is conflating the two: the food-washing sink requires potable water consistent with Chapter VII, whereas washing utensils requires only hot and cold water and corrosion-resistant material.

Enforcement

Chapter II lays down no penalties of its own: enforcement is left to the Member States Article 17(2) of Regulation (EC) No 178/2002. In Italy, breaches of the hygiene requirements of the annexes are penalised by Legislative Decree No 193/2007 Article 6 of Italian Legislative Decree No 193/2007; the national framework is covered under countries.

Case law

As at the date of update there are no Court of Justice of the European Union rulings specifically dedicated to Chapter II of Annex II. National case law on the structural conditions of processing rooms is fact-specific; enforcement is a matter for the Member States Article 17(2) of Regulation (EC) No 178/2002.

Implementation in the Member States

The Chapter is directly applicable and requires no transposition. Member States act on penalties Article 17(2) of Regulation (EC) No 178/2002 and on any detailed rules (coverings, heights). For Italy: penalties under Legislative Decree No 193/2007 Article 6 of Italian Legislative Decree No 193/2007 and the general framework in the countries section.

Common errors

Frequently asked questions

What materials must kitchen floors and walls be made of?

Impervious, non-absorbent, washable and non-toxic materials, with a surface easy to clean and, where necessary, to disinfect; walls must be smooth up to a height appropriate for the operations Annex II, Chapter II, point 1 of Regulation (EC) No 852/2004. The FBO may use other materials if it can satisfy the competent authority that they are appropriate.

Does Chapter II set a minimum height for washable walls?

No: it requires a smooth surface "up to a height appropriate for the operations" Annex II, Chapter II, point 1 of Regulation (EC) No 852/2004, without stating centimetres. The height must be matched to the type of processing; sector guides specify it.

Is a dedicated sink needed for washing food?

Where necessary, yes: adequate provision must be made for washing food, with hot and/or cold potable water consistent with Chapter VII Annex II, Chapter II, point 3 of Regulation (EC) No 852/2004. The need depends on the activity carried out.

Must kitchen windows have insect screens?

Openings to the outside must be fitted with insect-proof screens "where necessary", easily removable for cleaning; where opening would cause contamination, windows must remain closed during production Annex II, Chapter II, point 1 of Regulation (EC) No 852/2004.

Does Chapter II apply to means of transport?

Yes, to preparation rooms in means of transport: paragraph 1 expressly includes them Annex II, Chapter II, point 1 of Regulation (EC) No 852/2004. Transport itself is governed by Chapter IV.

What is the difference between Chapter I and Chapter II?

Chapter I sets the general requirements for all food premises; Chapter II adds specific requirements on the surfaces and facilities of rooms where food is prepared, treated or processed Annex II, Chapter II, point 1 of Regulation (EC) No 852/2004. A preparation room must comply with both.

Sources

Drafting and review

ce85204 editorial team. Draft generated with AI from primary sources; AI-assisted editorial review (see methodology).