FOOD SAFETY AND QUALITY STANDARDS IN RESTAURANTS The provision of food to consumers in a restaurant setting constitutes a form of food business activity subject to the general and sector-specific obligations laid down in European Union food law. Central to this regulatory architecture are four key instruments: Regulation (EC) No 178/2002, Regulation (EC) No 852/2004 on the hygiene of foodstuffs, Regulation (EU) 2017/625 on official controls, and Regulation (EC) No 2073/2005 on microbiological criteria for foodstuffs. These legal acts collectively establish a coherent framework for safeguarding public health throughout the food chain, including the final stages of preparation and distribution in food service establishments. At the heart of the EU’s food law framework lies Regulation (EC) No 178/200216, often referred to as the General Food Law Regulation. Although horizontal in nature, it lays down core principles that directly shape the operation of food businesses across the Union, including restaurants. Under this regulation, restaurateurs qualify as food business operator (FBOs) and are thus subject to overarching duties of care in the handling, preparation, and service of food to the final consumer17. The regulation imposes essential obligations relating to food safety, risk prevention, and traceability. It establishes that no food shall be placed on the market if it is unsafe, and it places the primary responsibility for food safety on the FBOs, regardless of the scale or structure of the business. Moreover, the regulation requires that operators ensure the traceability of foodstuffs and ingredients at all stages of production and distribution. In the restaurant setting, this implies that any product served must be sourced, stored, and processed in a way that allows for rapid identification and withdrawal in the event of a food safety incident. These provisions reflect a preventive, science-based approach to food regulation, which positions even small-scale catering establishments as accountable actors within the broader EU food chain18. Building on the principles of general food law, Regulation (EC) No 852/200419 introduces a dedicated hygiene framework applicable to all stages of food 16 Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (http://data.europa.eu/eli/reg/2002/178/2024-07-01). 17 https://food.ec.europa.eu/horizontal-topics/general-food-law_en (access: 1.05.2025). 18 Holm, L., & Halkier, B.. (2009). EU FOOD SAFETY POLICY: Localising contested governance. European Societies; 11 (4): 473–493, https://doi.org/10.1080/14616690802592589 (access: 1.05.2025). 19 Regulation (EC) No 852/2004 of the european parliament and of the council of 29 April 2004 on the hygiene of foodstuffs (http://data.europa.eu/eli/reg/2004/852/2021-03-24). 546 KAROLINA PRUCHNIEWICZ
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