Gastronomy Law

production and service, including restaurant operations. As FBOs, restaurants are legally required to implement hygiene practices that are proportionate, preventive, and verifiable. The regulation obliges them to maintain premises in hygienic condition, manage risks related to food contamination, ensure safe food handling, and promote staff hygiene through training and internal procedures. A key feature of the regulation is the obligation to apply a food safety management system based on the principles of Hazard Analysis and Critical Control Points (HACCP)20. While HACCP plans may be adapted to the scale and complexity of the restaurant, their implementation is essential for identifying, monitoring, and mitigating risks within the food preparation process21. Moreover, operators must ensure that food handlers are appropriately trained in hygiene matters and that documentation systems are in place to demonstrate compliance. These requirements reflect a risk-based approach to hygiene management and highlight the professionalisation of the food service sector under EU law22. The integrity of EU food law depends not only on the duties imposed on food business operators, but also on the effectiveness of enforcement mechanisms. Regulation (EU) 2017/62523 establishes a harmonised framework for official controls along the agri-food chain, including in catering establishments. Competent authorities in each Member State are mandated to conduct regular, risk-based inspections in restaurants to verify compliance with hygiene standards, traceability obligations, and food safety requirements. These inspections may be unannounced and include sampling, documentation checks, and on-site audits. The regulation further provides a legal basis for administrative sanctions and enforcement measures in cases of non-compliance. By ensuring a consistent level of food safety control across the Union, it strengthens both public health protection and consumer trust in the hospitality sector. 20 A. Mydlarz, HACCP – co to jest? Definicja, Cel oraz 7 zasad, https://inzynierjakosci.pl/2023/03/haccp-co-tojest-definicja-cel-oraz-7-zasad/ (access: 1.05.2025). 21 Wymagania higieniczne – System HACCP, https://www.gov.pl/web/gis/wymagania-higieniczne--system-haccp (access: 1.05.2025). 22 System HACCP – podstawowe informacje, podstawy prawne, https://www.gov.pl/web/psse-piotrkowtrybunalski/system-haccp--podstawowe-informacje-podstawy-prawne (access: 1.05.2025); . 23 Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (http://data.europa.eu/eli/reg/2017/625/2025-01-05). 547 THE REGULATION OF RESTAURANT SERVICES CONSUMED ON-SITE IN EU CONSUMER LAW

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