Regulation (EC) No 852/2004 • SFBB for Chinese Cuisine
1. Regulatory Foundation
Article 5 of Regulation (EC) No 852/2004 mandates that food business operators "put in place, implement and maintain a permanent procedure based on the HACCP principles." The seven principles are: hazard identification, CCP determination, critical limits, monitoring, corrective actions, verification, and documentation commensurate with business size.
The FSA's Safer Food Better Business (SFBB) pack for Chinese cuisine provides a pre-written HACCP-based system. When completed and maintained, this satisfies the Article 5 requirement for documented compliance.
The European Commission's 2022 Notice (2022/C 355/01) clarifies that for certain businesses, "Good Hygiene Practices are sufficient to control hazards." This flexibility is particularly relevant where cooking is immediate and holding times are minimal.
2. Cuisine-Specific Hazards
2.1 Rice and Bacillus cereus
The most significant hazard in Chinese operations is Bacillus cereus in cooked rice. Spores survive cooking and, if rice cools too slowly, germinate to produce heat-stable toxins.
| Parameter | Safe Threshold |
|---|---|
| Cooking temperature | ≥93°C |
| Hot-holding | ≥63°C |
| Cooling depth | <9 cm |
| Reheating | ≥75°C |
Rice left in a cooker on "warm" overnight is hazardous. Rice cooled in deep gastro trays is hazardous. Fried rice from inadequately cooled rice is hazardous regardless of wok temperature.
2.2 Marinade Management
Raw meat marinades become contaminated with surface pathogens. Reserved marinade used as finishing sauce without boiling creates cross-contamination. Soy (regulated allergen) and sesame (ninth most prevalent EU allergen) are ubiquitous and cannot be removed once incorporated.
2.3 Wok Service
The hazard arises in mise en place: pre-cooked meats and sauces held at ambient temperature during service. Toxins from Staphylococcus aureus produced during holding are heat-stable.
2.4 Allergen Communication
EU Regulation 1169/2011 requires allergen information for non-prepacked foods. Chinese menus present particular challenges: soy sauce contains wheat (gluten) and soya; oyster sauce contains molluscs; hoisin contains sesame.
3. The Cooling Protocol
Given rice's centrality to both cuisine and hazard:
| Step | Action | Critical Parameter |
|---|---|---|
| 1 | Remove rice from cooker immediately | Do not leave on "warm" |
| 2 | Decant into shallow containers | Depth <9 cm |
| 3 | Cool within 90 minutes | ≥93°C to ≤20°C |
| 4 | Refrigerate | ≤5°C within further 90 minutes |
| 5 | Label with date | Use within 48 hours |
Alternative: small-batch cooking throughout service rather than single bulk cook.
4. Documentation and Verification
SFBB records must be completed contemporaneously—not retrospectively before inspection. Most scrutinised records:
- Rice cooling logs
- Refrigerator temperature records (≤5°C)
- Hot-hold temperature checks (≥63°C)
- Cleaning schedules for rice cookers and wok areas
Internal verification includes weekly management walk-through, monthly thermometer calibration, and quarterly documentation review.
5. Post-Brexit Divergence
As of April 2026, substantive hygiene requirements in Great Britain remain derived from retained Regulation (EC) No 852/2004. The principal divergence is administrative:
| Aspect | EU | UK |
|---|---|---|
| Guidance | 2022/C 355/01 | SFBB |
| Allergen law | EU 1169/2011 | UK Food Information Regulations 2014 |
Northern Ireland continues to apply EU legislation directly under the Windsor Framework.
6. Summary Compliance Checklist
| Area | Evidence |
|---|---|
| Documented FSMS | Completed SFBB folder |
| Rice cooling procedures | Cooling logs |
| Hot-hold temperatures | ≥63°C records |
| Refrigerator temperatures | Daily logs ≤5°C |
| Allergen information | Matrix for all items |
| Staff training | Records/certificates |
| Supplier traceability | Invoices, delivery notes |
| Verification | Internal check records |