Food Hygiene Regulation

Institution: Ministry of Food, Agriculture and Livestock
Date of Approval: 17.12.2011
Official Gazette Date: 17.12.2011
Official Gazette No: 28145

CHAPTER ONE: Purpose, Scope, Basis and Definitions

Purpose

ARTICLE 1 - (1) The purpose of this Regulation is to determine the general rules regarding food hygiene that the food business operator must comply with from the primary production of food to its presentation to the final consumer, in order to ensure the protection of the consumer in terms of food safety.

Scope

ARTICLE 2 - (1) This Regulation covers the general hygiene rules and procedures and principles regarding the responsibilities that the food business operator must comply with to ensure food hygiene at all stages of production, processing and distribution, including the primary production stage.

(2) This Regulation also applies to food business operators subject to import and export controls and the Regulation on Special Hygiene Rules for Animal Foods.

(3) This Regulation does not apply to;
a) Primary production for personal consumption,
b) Preparation, processing and storage of food for personal consumption,
c) Direct supply of small quantities of primary products by the producer to the final consumer or local retailers selling directly to the final consumer,
ç) Collection centers and tanneries that only supply raw materials for gelatin and collagen production and are defined as food businesses.

Basis

ARTICLE 3 - (1) This Regulation has been prepared;
a) Based on Articles 22, 24, 27, 28, 29, 30, 31, 32 and 34 of the Veterinary Services, Plant Health, Food and Feed Law No. 5996 dated 11/6/2010,
b) In parallel with the European Parliament and Council Regulation No. 852/2004/EC on the hygiene of foodstuffs.

Definitions

ARTICLE 4 - (1) In addition to the definitions in Article 3 of Law No. 5996, the definitions in the second paragraph of this article also apply.

(2) In the implementation of this Regulation;
a) Packaging/packaging: Placing food in a container in direct contact or the container itself,
b) Ministry: Ministry of Food, Agriculture and Livestock,
c) Contamination: A hazard or its initiation,
ç) Equivalent: Different systems or measures capable of achieving the same objectives,
d) Food hygiene: All necessary measures and conditions to control hazards and ensure the suitability of food for human consumption considering its intended use,
e) Food business: Any activity related to the production, processing and distribution of food carried out by public institutions and organizations or real or legal persons, whether for profit or not,
f) Hermetically sealed container: A container designed to provide security against hazard entry,
g) Potable water: Water intended for human consumption that meets the characteristics specified in the Regulation on Water Intended for Human Consumption published in the Official Gazette No. 25730 dated 17/2/2005,
ğ) Processing: Any operation including heat treatment, smoking, curing, maturation, drying, marination, extraction, extrusion or a combination thereof that fundamentally changes the initial product,
h) Unprocessed products: Foods that have not undergone processing including harvested, divided, cut, sliced, deboned, minced, skinned, peeled, shelled, cut, cleaned, trimmed, shelled, ground, cooled, frozen, deep frozen or thawed products,
ı) Processed products: Foods obtained as a result of processing unprocessed products and containing components necessary for their production or giving them their characteristic properties,
i) Law: Veterinary Services, Plant Health, Food and Feed Law No. 5996,
j) Packing/pack: Placing one or more packaged foods into a second container or the second container itself,
k) Final consumer: The last consumer who will not use the food for any commercial business or activity,
l) Clean seawater: Natural, artificial or treated seawater or salty water that does not contain microorganisms, harmful substances or toxic marine plankton at levels that directly or indirectly affect the health quality of food,
m) Clean water: Clean seawater and freshwater of the same quality,
n) Facility: Any unit within the food business.

CHAPTER TWO: General Responsibilities of the Food Business Operator, General Principles, General and Special Hygiene Requirements

General responsibilities of the food business operator

ARTICLE 5 - (1) The food business operator is responsible for ensuring that all stages of production, processing and distribution under their control comply with the relevant hygiene requirements specified in this Regulation.

General principles

ARTICLE 6 - (1) The rules regarding food hygiene for the food business operator set out in this Regulation are determined considering the following general principles.

The responsibility for ensuring food safety primarily lies with the food business operator.
Food safety must be ensured throughout the food chain from primary production to the final consumer.
For foods that cannot be reliably preserved at ambient temperature, especially those requiring cold storage, the cold chain must be maintained.
The food business operator is responsible for implementing procedures based on hazard analysis and critical control points/HACCP principles together with good hygiene practices.
Good practice guides are an important tool to assist the food business operator in complying with food hygiene rules and hazard analysis and critical control points/HACCP principles at all stages of the food chain.
Microbiological criteria and temperature control requirements based on scientific risk assessment must be determined.
Imported food must be subject to at least the same hygiene rules or equivalent rules as domestically produced food.

General and special hygiene requirements

ARTICLE 7 - (1) The food business operator responsible for primary production and related activities specified below shall fulfill the special hygiene requirements specified in Articles 8 and 9 of this Regulation and, in the case of animal products, those specified in the Regulation on Special Hygiene Rules for Animal Foods.

Activities related to the transport, storage, sorting and similar operations of primary products at the place of production without fundamentally changing their characteristics and without causing new hazards.
Where necessary to achieve the purpose of this Regulation, activities related to the transport of live animals.
When plant products, fishery products and wild game products are concerned, activities related to the transport of primary products from the place of production to a facility without fundamentally changing their characteristics.

(2) Following the activities specified in the first paragraph of this article, the food business operator carrying out one of the stages of production, processing and distribution of food is responsible for fulfilling the general hygiene requirements set out in the third chapter of this Regulation together with the special hygiene requirements specified in the Regulation on Special Hygiene Rules for Animal Foods.

(3) The food business operator must comply with the following special hygiene rules when required by their activity.

Comply with microbiological criteria set for foods.
Implement procedures necessary to achieve the purposes of this Regulation.
Comply with temperature control requirements for foods.
Maintain and record the cold chain.
Take samples and analyze or have them analyzed.

(4) As a sampling and analysis method, the food business operator uses appropriate methods specified in the legislation or, if such methods are not available, scientifically validated reference methods according to internationally accepted rules or protocols that provide equivalent results.

(5) The food business operator may use good practice guides to fulfill the obligations of this Regulation.

General hygiene rules for primary production and related activities

ARTICLE 8 - (1) The food business operator responsible for primary production ensures that products are protected from contamination as much as possible, considering that primary products will be subjected to further processing.

(2) The food business operator applies the provisions specified in the relevant legislation regarding hazard control in primary production and related activities, including the following:

Measures to control contamination from air, water, soil, feed, fertilizers, veterinary medicinal products, plant protection products, biocides, storage, treatment and waste.
Measures related to animal health affecting human health, animal welfare and plant health, including programs for control and monitoring of zoonoses and zoonotic agents.

(3) The food business operator who raises, hunts, collects or produces animal primary products takes adequate measures regarding the following:

Keeping all facilities used in connection with primary production or related activities clean, including buildings used for storage and treatment of feed, and disinfecting appropriately after cleaning when necessary.
Keeping equipment, containers, vehicles, ships and boats clean and disinfecting appropriately after cleaning when necessary.
Ensuring the best possible cleanliness of animals going to slaughterhouses and, when necessary, animals used in animal food production.
Using potable or clean water when necessary to prevent contamination.
Ensuring that personnel in contact with food are healthy and trained on health risks.
Preventing animals and pests that may cause contamination.
Storing and treating waste and harmful substances in a way that prevents contamination.
Taking precautionary measures including when new animals are introduced to prevent the introduction and spread of infectious diseases transmissible to humans through food and reporting suspected cases to the Ministry.
Considering analysis results important for human health from samples taken from animals or other samples.
Using feed additives and veterinary medicinal products as specified in the relevant legislation.

(4) The food business operator producing or harvesting plant products takes adequate measures regarding the following:

Keeping equipment, containers, vehicles, ships and boats clean and disinfecting appropriately after cleaning when necessary.
Ensuring the cleanliness of plant products and hygienic conditions for production, transport and storage when necessary.
Using potable or clean water when necessary to prevent contamination.
Ensuring that personnel in contact with food are healthy and trained on health risks.
Preventing animals and pests that may cause contamination.
Storing and processing waste and harmful substances in a way that prevents contamination.
Considering analysis results important for human health from samples taken from plants or other samples.
Using plant protection products and biocides as specified in the relevant legislation.

(5) The food business operator responsible for primary production is obliged to implement corrective actions for problems identified during official inspections and controls.

Record keeping for primary production and related activities

ARTICLE 9 - (1) The food business operator is obliged to keep and maintain records of the measures applied for appropriate control of hazards according to the activity area and size of the business and to present them to the Ministry and the buyer upon request.

(2) The food business operator raising animals or producing animal primary products keeps records especially regarding the following:

The nature and origin of feed given to animals.
Veterinary medicinal products or other treatments applied to animals, application and withdrawal periods.
Diseases that may affect the safety of animal foods.
Analysis results important for human health from samples taken from animals or other diagnostic samples.
All reports related to controls applied to animals and animal products.

(3) The food business operator producing or harvesting plant products keeps records especially regarding the following:

All uses of plant protection products and biocides.
Occurrence of pests, rodents or diseases that may affect the safety of plant foods.
Analysis results important for human health from samples taken from plants or other samples.

(4) The food business operator may receive assistance from persons professionally trained in the subject for record keeping.

CHAPTER THREE: General Hygiene Requirements for Food Businesses Except Primary Production and Related Activities

General requirements for food businesses other than those specified in Article 12

ARTICLE 10 - (1) Food businesses must be clean, in good condition, and regularly maintained and repaired.

(2) The location, design, construction, layout and size of food businesses;

Provide sufficient working space suitable for adequate maintenance, cleaning and/or disinfection, prevent or minimize contamination from air and allow all activities to be carried out hygienically.
Prevent accumulation of dirt, contact with toxic substances, falling of particles into food and condensation or unwanted mold growth on surfaces.
Allow good food hygiene practices including pest control to prevent contamination.
Provide storage conditions with sufficient capacity for proper temperature maintenance of food and appropriate temperature-controlled treatment, monitoring and recording when necessary.

(3) Sufficient number of toilets connected to an effective drainage system with traps are provided. Toilets do not open directly into rooms where food is handled.

(4) Adequate number of washbasins designed for hand cleaning are provided in appropriate locations. Hand washing basins have hot and cold running water, hand cleaning and hygienic drying materials. Where necessary, food washing areas are separate from hand washing areas.

(5) Adequate natural or mechanical ventilation systems are provided. Mechanical airflow from dirty to clean areas is prevented. Ventilation systems are installed so that filters and parts requiring cleaning or replacement are easily accessible.

(6) Adequate natural or mechanical ventilation is provided in staff toilets, showers and changing rooms.

(7) Adequate natural and/or artificial lighting is provided in food businesses.

(8) Drainage systems are installed appropriate to the intended purpose. Drainage systems are designed and constructed to prevent contamination risk. If drainage channels are fully or partially open, they are designed to prevent waste flowing from dirty to clean areas, especially areas where high-risk foods for the final consumer are handled, or into these areas.

(9) Where necessary, sufficient changing rooms, dressing areas and facilities allowing hygienic management of work clothes for staff are provided, along with sufficient showers.

(10) Cleaning and disinfection materials are not stored in areas where food is handled.