Unit 1 of 10

The food handler and the law

A food handler is any person who, because of their job, has direct contact with food during its preparation, manufacture, processing, packaging, storage, transport, distribution, sale, supply or service. Cooks, waiters, shelf stackers, delivery riders, school canteen monitors or bakery staff are all food handlers.

The rules that apply

  • Regulation (EC) 852/2004 on the hygiene of foodstuffs: the basic European rule. It obliges businesses to apply procedures based on the HACCP system and to make sure their food handlers receive hygiene training suited to their work.
  • Regulation (EC) 178/2002: general principles of food safety and the traceability obligation.
  • Royal Decree 109/2010: repealed the old Royal Decree 202/2000 and, with it, the “food handler card” issued by the authorities. Since then there is no official card: the food business is responsible for training its handlers.
  • Royal Decree 1021/2022: hygiene requirements in food retail.
  • Regulation (EU) 1169/2011 and Royal Decree 126/2015: consumer information and allergens.
  • Law 1/2025: prevention of food loss and waste.

The business’s obligations

Draw up and apply a training plan for its staff, implement a self-control system (HACCP), keep records and guarantee the traceability of food. In a health inspection, the business must be able to prove that its workers have received food hygiene training: this certificate is the documentary proof the business keeps.

The food handler’s obligations

  • Receive training and apply it day to day.
  • Follow the personal hygiene rules.
  • Tell the person in charge about any illness that could be passed on through food (vomiting, diarrhoea, fever, skin infections).
  • Provide documentary proof of their training when asked.
Key idea: food handler training must be ongoing and suited to the job. Although the law sets no expiry date, renewing it every 4 years, or when you change activity, is recommended.

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