Fishmongers and food hygiene: obligations under Reg. (EC) 852/2004 and 853/2004

Updated 2026-07-12 · Reviewed by: ce85204 editorial team — AI-assisted editorial review (2026-07-12)

A fishmonger handles fishery products, i.e. food of animal origin: alongside Reg. (EC) 852/2004, Reg. (EC) 853/2004 applies. Retail sale to the final consumer normally rests on registration under Art. 6; approval under Art. 6(3) is needed beyond retail. Refrigeration with ice, HACCP and anti-parasite freezing of products eaten raw are central.

A fishmonger sells fresh fish, molluscs and crustaceans, may fillet, prepare and sell ready products, and handles food of animal origin — fishery products. Whoever runs one is a food business operator and takes on the obligations of Regulation (EC) No 852/2004; because fishery products are of animal origin, the specific rules of Regulation (EC) No 853/2004 apply on top. This page sets out which obligations apply and how.

The framing: 852 and 853 together

Anyone handling fishery products remains subject to the general hygiene obligations of Reg. 852/2004 but must also meet the specific rules of Reg. 853/2004 Article 3(1) of Regulation (EC) No 853/2004, which devotes a section of Annex III to fishery products Annex III of Regulation (EC) No 853/2004. The general commentary on the hygiene regulation is at Reg. (EC) 852/2004.

Registration or approval: the distinction

As with butchers, handling food of animal origin makes the distinction relevant.

• Registration under Art. 6(2) is the ordinary regime for retail sale to the final consumer Article 6(2) of Regulation (EC) No 852/2004: the neighbourhood fishmonger typically falls here.
• Approval under Art. 6(3) is required where the activity goes beyond retail and falls within the approval obligation of Reg. 853/2004 Article 6(3) of Regulation (EC) No 852/2004.

Reg. 853/2004 excludes from its scope, within limits, retail to the final consumer Article 1(5) of Regulation (EC) No 853/2004: hence the practice of treating the retail fishmonger as subject to registration only, with national derogations. In our view the classification should be checked case by case with the competent authority. Distinction and criteria: registration vs approval and Article 6.

Which 852 obligations apply, and how

HACCP (Art. 5)

Fishery products are highly perishable: the permanent HACCP-based procedures Article 5(1) of Regulation (EC) No 852/2004 must cover at least receipt and freshness checks, holding on ice, refrigerated display, processing (filleting, gutting) and any anti-parasite treatment. The seven principles Article 5(2) of Regulation (EC) No 852/2004 build on the prerequisite programmes. Operational framing at Article 5 (HACCP) and HACCP.

Ice, refrigeration and the cold chain (Chapters VII and IX)

Fresh fishery products must be kept close to the temperature of melting ice; the cold chain must not be interrupted Annex II, Chapter IX, point 5 of Regulation (EC) No 852/2004. Ice used for refrigeration and display must be made from potable water and handled so as to avoid contamination Annex II, Chapter VII, point 4 of Regulation (EC) No 852/2004. The specific temperatures for fishery products are set by Reg. 853/2004 and are not stated here without referring to the source. Further reading: cold chain and Annex II, Chapter IX.

Anti-parasite freezing

For fishery products to be eaten raw or almost raw (marinated, cold-smoked and the like), Reg. 853/2004 requires a freezing treatment to kill parasites before service Annex III of Regulation (EC) No 853/2004. The specific time and temperature parameters are set by the official source: read them in Reg. 853/2004 and transpose them into your own food safety management manual, rather than relying on remembered values.

Cross-contamination and traceability

Separating raw and ready products and cleaning surfaces prevent cross-contamination Annex II, Chapter IX, point 3 of Regulation (EC) No 852/2004. Every FBO must be able to identify upstream suppliers and downstream recipients Article 18(2) of Regulation (EC) No 178/2002, with documentation available to the authority Article 18(3) of Regulation (EC) No 178/2002. See traceability.

Training

Food handlers and those responsible for the procedures must be trained in hygiene Annex II, Chapter XII, point 1 of Regulation (EC) No 852/2004: see Chapter XII and the sectors hub.