Restaurants and food hygiene: obligations under Reg. (EC) 852/2004
Updated 2026-07-12 · Reviewed by: Redazione ce85204 — revisione editoriale assistita da AI (2026-07-12)
A restaurant is a food business operator at the catering stage: it must register under Art. 6 of Reg. (EC) 852/2004 and apply full HACCP-based procedures under Art. 5, with typical CCPs such as cooking and chilling. Annex II Chapters I, II, V, VI, VIII, IX and XII apply. No certificate exists.
Restaurants, trattorias, pizzerias, canteens and catering with a kitchen prepare and serve food downstream of primary production. Whoever runs one is a food business operator (FBO) and takes on the full hygiene obligations of Regulation (EC) No 852/2004. This page sets out which obligations apply and how.
At a glance
- A restaurant must register with the competent authority before starting to trade Article 6(2) of Regulation (EC) No 852/2004: this is registration, not approval.
- It must put in place, implement and maintain full HACCP-based procedures Article 5(1) of Regulation (EC) No 852/2004: in catering the critical control points are normally identifiable (cooking, chilling, holding, thawing).
- The structural and hygiene requirements of Annex II apply, in particular Chapters I, II, V, VI, VIII, IX and XII Article 4(2) of Regulation (EC) No 852/2004.
- Food handlers and those responsible for the procedures must be trained Annex II, Chapter XII, point 1 of Regulation (EC) No 852/2004.
- The Regulation provides for no certificate: compliance is demonstrated to the competent authority Article 5(4) of Regulation (EC) No 852/2004.
What kind of activity this is
A restaurant falls within retail including catering. It does not require the approval reserved for establishments handling products of animal origin under Regulation (EC) No 853/2004: registration under Article 6 is enough Article 6(2) of Regulation (EC) No 852/2004. In Italy registration is made through the health SCIA notification: see registration and SCIA in Italy.
Which 852 obligations apply, and how
Full HACCP (Art. 5)
Unlike simple service of drinks and snacks, catering handles raw food and applies heat processes: the critical control points are usually identifiable and must be managed. Procedures based on the seven HACCP principles Article 5(2) of Regulation (EC) No 852/2004 build on the prerequisite programmes (PRPs) and cover at least: receipt and storage, the cold chain, cooking (typical critical limit: core temperature), rapid chilling, hot and cold holding, controlled thawing. Documentation is proportionate to the nature and size of the business Article 5(2) of Regulation (EC) No 852/2004 and must be updated whenever the menu or process changes. Operational framing: Article 5 (HACCP).
Annex II requirements
| Chapter | Subject | How it applies to restaurants |
|---|---|---|
| Ch. I | Premises (general) | cleaning, maintenance, washbasins, lavatories not opening into the kitchen, ventilation, lighting Annex II, Chapter I, point 1 of Regulation (EC) No 852/2004 |
| Ch. II | Preparation rooms | washable, disinfectable surfaces in the kitchen, washing of food and utensils Annex II, Chapter II, point 1 of Regulation (EC) No 852/2004 |
| Ch. V | Equipment | food-contact articles cleaned and, where necessary, disinfected Annex II, Chapter V, point 1 of Regulation (EC) No 852/2004 |
| Ch. VI | Food waste | closable containers, prompt removal from rooms Annex II, Chapter VI, point 1 of Regulation (EC) No 852/2004 |
| Ch. VIII | Personal hygiene | personal cleanliness, suitable clothing, exclusion of sick handlers Annex II, Chapter VIII, point 1 of Regulation (EC) No 852/2004 |
| Ch. IX | Foodstuffs | temperature control, thawing, separation of allergens Annex II, Chapter IX, point 5 of Regulation (EC) No 852/2004 |
| Ch. XII | Training | handlers instructed and those responsible for the procedures trained Annex II, Chapter XII, point 2 of Regulation (EC) No 852/2004 |
If the restaurant transports food (catering, own-vehicle delivery), Chapter IV on transport is added and the cold chain must be maintained. Allergen management is an integral part of hazard analysis; consumer information is governed by Regulation (EU) No 1169/2011 Article 44 of Regulation (EU) No 1169/2011.
Registration and training
Registration under Art. 6 is the administrative precondition; training of food handlers is regulated at regional level in Italy: see HACCP training in Italy.
Common errors
- Believing a "restaurant certificate" is required. The Regulation imposes registration, own-checks and training, not certification: compliance is shown to the competent authority Article 5(4) of Regulation (EC) No 852/2004.
- Buying a generic HACCP manual and not tying it to the actual dishes. Procedures must be reviewed whenever the menu or process changes Article 5(2) of Regulation (EC) No 852/2004 and documents kept up to date Article 5(4) of Regulation (EC) No 852/2004.
- Treating the restaurant's own garden or holding as free of obligations. The HACCP exemption covers primary production only Article 5(3) of Regulation (EC) No 852/2004, which remains subject to Annex I.
Frequently asked questions
Does a restaurant have to do HACCP?
Yes. It is an FBO at a stage after primary production and must put full HACCP-based procedures in place Article 5(1) of Regulation (EC) No 852/2004. In catering the CCPs (cooking, chilling, holding) are normally identifiable, so the simplification typical of simple food service, as in bars and cafés, does not apply.
Does a restaurant need registration or approval?
Registration. Approval concerns establishments handling products of animal origin under Reg. 853/2004; retail catering only needs registration under Art. 6 Article 6(2) of Regulation (EC) No 852/2004. See registration vs approval.
Which Annex II chapters apply to a restaurant?
Chapters I and II on premises, V on equipment, VI on waste, VIII on personal hygiene, IX on foodstuffs and XII on training Article 4(2) of Regulation (EC) No 852/2004. Chapter IV is added if food is transported.
Is a consultant required for the restaurant's HACCP?
No, no rule requires one: the obligation rests on the FBO Article 5(1) of Regulation (EC) No 852/2004. A consultant is an organisational choice; alternatively those responsible can be trained and use the guides to good practice.
How must allergens be managed in a restaurant?
Allergens are a hazard to identify in hazard analysis and to control by avoiding cross-contamination Annex II, Chapter IX, point 9 of Regulation (EC) No 852/2004; consumer information is governed by Reg. (EU) No 1169/2011 Article 44 of Regulation (EU) No 1169/2011. See allergens.
How long must temperature records be kept?
The Regulation requires keeping records "for an appropriate period" without quantifying it Article 5(4) of Regulation (EC) No 852/2004: the practical criterion is the shelf life of the product, set out in the establishment's food safety management manual.
Sources
- EUR-Lex — Regulation (EC) No 852/2004, consolidated text 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 Notice 2022/C 355/01 on the implementation of food safety management systems (CELEX 52022XC0916(01)): https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52022XC0916(01) — accessed 2026-07-12.
- EUR-Lex — Regulation (EU) No 1169/2011 on the provision of food information to consumers (CELEX 02011R1169-20180101): https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02011R1169-20180101 — accessed 2026-07-12.
Drafting and review
Redazione ce85204. Draft generated with AI from primary sources; editorial review assisted by AI (see methodology).