What Does the Law Say About Pest Control in a Food Business?
Yes. The law requires every food business to keep pests away from its food and to have adequate procedures in place to control them, but it does not require you to hire a pest control contractor. The duty sits in Annex II of Regulation (EC) No 852/2004, which applies in Great Britain as assimilated law. If an officer finds evidence of pests, the council can serve an improvement notice, close the business at once where there is an imminent risk to health, and prosecute.
On this page
- 1What does the law say about pest control in a food business?
- 2Do you have to hire a pest control contractor for a food business?
- 3Who is responsible for pest control: the food business, the landlord or the council?
- 4Which pests affect food premises, and what are the signs?
- 5How do pests get into a food business, and how can you keep them out?
- 6What should a pest control record include?
- 7What should you do when you find a pest in a food business?
- 8Can you do pest control yourself? Rodenticides, chemicals and safety
- 9What does an inspector look for, and what happens if they find evidence of pests?
- 10How does pest control differ for a takeaway, cafe, shop, market stall or home kitchen?
- 11What is a one-page pest control checklist for a food business?
- 12What training helps food workers prevent and deal with pests?
- 13Frequently asked questions
- The duty. Annex II of Regulation 852/2004 requires adequate procedures to control pests, but the law does not say you must hire a pest control contractor.
- Your records. Keep dated pest checks, contractor visit reports and what you did about each finding, as they show an officer that your procedures work.
- If you find a pest. Throw away food it may have touched, wash and disinfect surfaces, call your contractor, and write down what happened and what you did.
- Enforcement. Councils can serve improvement notices, close a business at once where there is an imminent risk to health, and prosecute for failing to control pests.
This guide is for owners, managers and staff in cafes, takeaways, shops, delis, market stalls, food vans and home or community kitchens. It covers England, with a note on the rest of the UK, and was checked on 30 October 2026. Examples are invented, except two labelled council cases. For the wider rules, see our complete guide to food hygiene.
What does the law say about pest control in a food business?
There is no single pest control law for food premises. The duties come from Annex II of Regulation (EC) No 852/2004 on the hygiene of foodstuffs, as it applies in Great Britain. Article 4(2) makes every food business operator after primary production comply with Annex II, and Article 3 makes the operator responsible for all stages “under their control”. In England the Food Safety and Hygiene (England) Regulations 2013 make breaking those rules an offence (regulation 19(1) and Schedule 2).
The key sentence is Annex II, Chapter IX, paragraph 4: “Adequate procedures are to be in place to control pests.” The same paragraph requires adequate procedures to prevent domestic animals from having access to places where food is prepared, handled or stored. As far as I could find, the regulation does not define “adequate”, so an officer judges whether what you do, and can show, fits your premises, food and risks. Other parts of Annex II feed into the same duty:
| Duty | Where it comes from | In plain English |
|---|---|---|
| Keep food premises clean and maintained in good repair and condition | Annex II, Chapter I, paragraph 1 | The baseline. Gaps, damaged seals and built-up dirt give pests a way in and somewhere to live. |
| Layout, design, construction and siting must permit good hygiene practice, “including protection against contamination and, in particular, pest control” | Annex II, Chapter I, paragraph 2(c) | Pest control is partly a design duty, so proofing and repairs count. |
| Fit insect-proof screens, easy to remove for cleaning, to windows that open to the outside “where necessary” | Annex II, Chapter II, paragraph 1(d) | Applies to rooms where food is prepared, not to dining areas. |
| Remove food waste and refuse from food rooms quickly, use closable containers, and keep refuse stores clean and, where necessary, free of animals and pests | Annex II, Chapter VI, paragraphs 1 to 3 | Waste is food and shelter for pests, so bins and bin areas are part of pest control. |
| Protect food from contamination at every stage, and do not accept ingredients known, or reasonably expected, to be contaminated to the point that the final product would be unfit | Annex II, Chapter IX, paragraphs 1 and 3 | Includes contamination by pests, so goods-in checks matter. |
| Have adequate procedures to control pests, and to keep domestic animals out of places where food is prepared, handled or stored | Annex II, Chapter IX, paragraph 4 | The core pest control duty. |
| Mobile, temporary and home premises must be sited, designed, kept clean and kept in good repair so as to avoid contamination “in particular by animals and pests”, so far as is reasonably practicable | Annex II, Chapter III, paragraph 1 | Covers market stalls, vans, marquees and homes where food is regularly prepared for sale. |
| Keep documents describing your food safety procedures up to date and retain records for an appropriate period | Article 5(4)(b) and (c) of Regulation 852/2004 | Pest checks and contractor visits belong in the records you keep. |
| Tell the council in writing, at once, if rats or mice are living on or resorting to your land in substantial numbers | Prevention of Damage by Pests Act 1949, section 3 | A separate duty on the occupier. The maximum fine is level 1 on the standard scale. |
Do you have to hire a pest control contractor for a food business?
No. Nothing in Annex II says a contractor must be used. The Food Standards Agency (FSA) pest control sheet in its Safer Food, Better Business (SFBB) pack for caterers says “You could employ a pest control contractor”, and suggests one if you have persistent problems. The law requires the outcome: adequate procedures and premises that keep pests out. A contract is one way to evidence that.
A contractor does not take the legal duty away from you, because Article 3 puts it on the food business operator. In England it is a defence to prove you “took all reasonable precautions and exercised all due diligence” (regulation 12). My reading is that a regular contract, written visit reports and a record of what you did about each recommendation are strong evidence of diligence, though a court decides each case on its facts.
A contractor is worth having if you see droppings, gnawing, live pests or nests, if your building is old or shares walls, drains or a bin yard, or if baits or poisons would be needed.
Choosing one. I did not find a UK law that licenses or registers pest controllers in general. Councils suggest getting at least three quotations, asking about call-out fees and checking qualifications, for example registration with the British Pest Control Association (BPCA); see Mid Sussex District Council. The National Pest Technicians Association (NPTA) is another trade body. Joining either appears to be voluntary, so ask what a member has been audited or trained on. Ask for a service plan matched to your premises and a written report after every visit saying what they found, what they did and what you must do.
Who is responsible for pest control: the food business, the landlord or the council?
The food business operator. The Annex II duties fall on the person or company running the food business. That is you even if you rent the unit or a contractor does the visits.
The owner and the occupier. Under section 4 of the Prevention of Damage by Pests Act 1949 a council can serve a notice requiring reasonable steps to deal with rats or mice on land, and where the owner is not the occupier it may serve separate notices on each. A notice can require treatment or structural repairs. Who pays is a matter for your lease, which I cannot see. Report structural faults you cannot fix, such as a broken air brick or a hole in a party wall, to your landlord in writing and keep a copy. Your own duty to have adequate procedures stays with you.
The council. As the food authority, environmental health officers inspect food businesses and enforce the hygiene regulations. Separately, section 2 of the 1949 Act makes it every local authority’s duty to take such steps as are necessary to secure, so far as practicable, that its district is kept free from rats and mice, including enforcing the duties of owners and occupiers. Many councils no longer run a treatment service (Mid Sussex does not), so ask yours.
One more rule. Section 13 of the 1949 Act requires businesses that manufacture, store, transport or sell food to give written notice to “the Minister” of an “infestation”, subject to exemptions in the 1950 Infestation of Food Regulations. I could not find current official guidance on how this applies to ordinary food shops, so with a serious infestation, ask your environmental health team what they expect.
Which pests affect food premises, and what are the signs?
The FSA pest control sheet lists the main pests and what to look for. Its reason is brief: pests carry harmful bacteria. The signs below simplify that sheet.
| Pest | Signs the FSA lists |
|---|---|
| Rats and mice | Small footprints in dust, droppings, holes in walls and doors, nests, gnawed goods or packaging, grease or smear marks, urine stains on food packaging |
| Flies and flying insects such as moths | Insect bodies, live insects, webbing, nests, buzzing or droning, maggots |
| Cockroaches | Eggs and egg cases, moulted skins, the insects themselves, droppings |
| Ants | Small piles of sand or soil, the insects themselves, flying ants on hot days |
| Birds | Feathers, droppings, nests, noise, the birds themselves |
| Beetles and weevils (often called stored product insects) | Moving insects, particularly in dry food, and small maggots |
Wasps are not on the FSA sheet, but a nest near a door or vent needs a professional because of the risk of stings. Train every member of staff to know these signs and to report them at once, without blame, as the SFBB sheet advises.
How do pests get into a food business, and how can you keep them out?
Pests need a way in, food and shelter, and prevention removes all three. The usual routes are:
- Deliveries. The FSA says to check deliveries thoroughly and not to accept one showing signs of pests, such as gnawed packaging or insects like beetles.
- Gaps and open doors. Under and around doors, around pipes and cables, damaged air bricks, cracked walls and floors, and the edges of windows. A back door propped open on a hot day is an easy route for flies.
- Waste and outside areas. The FSA says weeds and rubbish can attract pests and provide food and shelter, and that bins should have close-fitting lids and be cleaned and disinfected regularly.
- Left-out food. The FSA says no food or dirty plates should be left when you are closed, because they feed pests.
- Neighbouring premises. Shared walls, roof spaces, bin yards and drains mean next door’s problem can become yours.
Our suggested prevention routine is below. It is not a legal form, so adapt it to your premises and your contractor’s advice:
- Proof the building. Seal holes and gaps, fit door brush strips, and repair air bricks and drain covers.
- Screen openings. Where windows open to the outside in a food preparation room, fit removable insect-proof screens, and keep doors closed when not in use.
- Handle waste properly. Remove it from food rooms quickly, use closable bins and keep the bin area clean.
- Store food and packaging off the floor. This is good practice rather than a quoted rule, but Chapter IX, paragraph 2 does require stored ingredients to be protected from contamination.
- Rotate stock so the oldest is used first and nothing sits undisturbed. Dry goods left alone are where beetles and weevils can establish.
- Clean on a schedule, including behind and under equipment and around drains. Our guide to the 4 Cs of food hygiene covers cleaning in depth.
- Inspect regularly. The FSA says to check for signs of pests regularly and to put reminders in your diary.
What should a pest control record include?
The law does not give you a pest control form. Article 5(4) of Regulation 852/2004 says documents describing your procedures must be kept up to date and records retained for an appropriate period. The FSA SFBB sheet says that if you have a pest contractor you should record their contact details and visits in your diary, with any recommendations, and note when you have carried them out. It also says to write down what went wrong and what you did. Our guides to Safer Food, Better Business and HACCP explain the diary and a HACCP-based system, so we do not repeat them. Our suggested log, with an invented example row:
| Date | Checked by | Area | Finding | Action and date done |
|---|---|---|---|---|
| 12 March | A. Smith | Back door and bin store | Gap under door; lid missing on one bin | Brush strip fitted 13 March; new bin lid fitted 15 March |
Keep with it the contractor’s contact details, written visit reports, the dates you completed each action, and a note of any products used. A good record shows an officer that you check, act and follow through, and it is the evidence you would rely on for due diligence under regulation 12.
What should you do when you find a pest in a food business?
The FSA’s “what to do if things go wrong” box gives the core steps:
- Protect food. If you think food has been touched by pests in any way, throw it away. Do not sell, serve or donate it.
- Clean what pests may have touched. Equipment, surfaces and utensils should be washed, disinfected and dried.
- Call your pest contractor immediately, using the contact details you keep in your diary.
- Keep chemicals away from food. The FSA warns never to let bait or pest control chemicals, including sprays, touch food, packaging, equipment or surfaces, because they are likely to be poisonous to people.
- Write down what went wrong and what you did.
- Stop it happening again with more frequent checks, high standards of cleanliness and better staff training.
We add three points. First, decide whether to close the affected area. No rule says “close if you see one mouse”. The test for an emergency closure in England is whether there is an imminent risk of injury to health (regulation 8). If you cannot be sure food and food-contact surfaces are protected, for example with droppings where open food is handled, stop using that area until it has been cleaned and treated. Second, tell your manager or owner the same day. Third, consider the council: if rats or mice are living on your premises in substantial numbers, section 3 of the 1949 Act requires you, as occupier, to notify it in writing at once. If unsure, ask your environmental health team.
Can you do pest control yourself? Rodenticides, chemicals and safety
Legally you can, since the SFBB sheet says you “could” employ a contractor, not that you must. The hard part is doing it safely, particularly with poisons.
The Health and Safety Executive (HSE) regulates rodenticides as biocides. Its guidance, updated 10 June 2025, says products for the general public can be restricted by the amount of active substance, where they can be used (for example only within a bait box) and the maximum pack size. It says professional use of anticoagulant rodenticides “must follow the requirements of one of the UK rodenticide stewardship regimes”, and names the Campaign for Responsible Rodenticide Use UK (CRRU UK) regime, which includes training, certification, auditing and point-of-sale verification of competence. So if baiting is needed in a food premises, the usual route is a contractor who can show the right certification, and you should ask to see it. I have not checked the current list of approved certificates.
Poisons are hazardous to children, pets and wildlife as well as pests, and the product label must be followed exactly. In a food premises:
- Never let baits, sprays or fumes touch food, packaging, equipment or surfaces.
- Treat pesticides and strong cleaning chemicals as hazardous substances. Our guides to COSHH risk assessments and storing hazardous chemicals cover that, so this article does not repeat it.
- Do not use domestic pest products inside food rooms unless the label allows that use and your contractor agrees.
Non-chemical measures are what you can do yourself with confidence: proofing, tidy storage, waste control, cleaning and regular checks. Without them, poison only treats the symptom.
What does an inspector look for, and what happens if they find evidence of pests?
The gov.uk Food Hygiene Rating Scheme guidance (updated 30 June 2026) lists pest control among the things an officer looks at when judging the physical condition of your business, alongside cleanliness, layout, lighting, ventilation and other facilities. Our guide to food hygiene ratings explains scoring. In practice officers look at the building and its surroundings, stored food, deliveries, and your paperwork, such as your diary and contractor reports. In England it is also an offence to intentionally obstruct an officer, or to fail without reasonable cause to give reasonable assistance or information (regulation 17).
If an officer finds evidence of pests or inadequate controls, the main tools in England are:
| Power | Where it comes from | What it means |
|---|---|---|
| Entry to inspect | Regulation 16, Food Safety and Hygiene (England) Regulations 2013 | Authorised officers can enter at all reasonable hours. For premises used only as a private dwelling-house, 24 hours’ notice is needed before admission can be demanded as of right. |
| Hygiene improvement notice | Regulation 6 | The officer sets out why they believe you are failing to comply and what you must do, and allows at least 14 days. Failing to comply is an offence. |
| Hygiene emergency prohibition notice | Regulation 8 | Where there is imminent risk of injury to health, the officer can stop the use of a process, premises or equipment at once, which in practice can close the business or part of it. It is displayed on the premises, and the officer may apply to a magistrates’ court for an order. |
| Hygiene prohibition order | Regulation 7 | A court can impose this after a conviction where the health risk condition is met. It can also bar a person from managing a food business. |
| Prosecution | Regulation 19 | Contravening the specified provisions is an offence. The maximum is a fine up to the statutory maximum on summary conviction, and on indictment up to two years’ imprisonment, a fine, or both. |
| Due diligence defence | Regulation 12 | A defence if you prove you took all reasonable precautions and exercised all due diligence. |
Two published council cases show how this works. They are examples, not averages.
A large supermarket (2026). Tower Hamlets Council reported that Iceland was sentenced at Thames Magistrates’ Court on 10 March 2026 for its Poplar store, after pleading guilty to three charges under the 2013 Regulations, including “failing to keep the premises clean and in good repair” and “failing to have adequate procedures in place to control pests”. Officers inspected on 8 January 2024 after a customer complained about gnawed crisp packets, found ready-to-eat food contaminated by mice, and closed the store with a Hygiene Emergency Prohibition Notice. It reopened on 18 January 2024 after pest proofing and cleaning, and the court imposed a £300,000 fine. See the council’s release.
A small food store (2025). Wolverhampton City Council reported in February 2025 that a food store selling fruit, vegetables and packaged foods, and its director, pleaded guilty at Dudley Magistrates’ Court to two breaches of the same regulations over offences in November 2023. Officers acting on a complaint found rat droppings throughout the store, including where open food was handled, and closed it immediately. The business was fined £2,680 and the director £1,000, plus surcharges and costs. See the council’s release.
Wales, Scotland and Northern Ireland. Each has its own hygiene regulations: the Food Hygiene (Wales) Regulations 2006, the Food Hygiene (Scotland) Regulations 2006 and the Food Hygiene Regulations (Northern Ireland) 2006. Their contents pages list hygiene improvement notices, prohibition orders and emergency prohibition notices as regulations 6, 7 and 8, as in England. I checked those headings only, so read the current text. The 1949 Act applies in England, Wales and Scotland.
How does pest control differ for a takeaway, cafe, shop, market stall or home kitchen?
The duty is the same, but the risks differ. These are our practical notes.
Takeaway or restaurant. Heavy waste, doors left open in hot kitchens and busy back yards are typical issues, so prioritise closable bins, door brushes or screens, and cleaning behind equipment.
Cafe. Clean front of house too. Chapter II, including the screen rule, excludes dining areas, but Chapters I and IX still apply.
Shop and deli. Focus on deliveries, the stockroom and long-lasting dry goods. Check deliveries, rotate stock, keep it off the floor and watch dry foods for beetles.
Market stall or food van. Chapter III applies “so far as is reasonably practicable”. Keep food covered, check stock stored at home or in vehicles, and take waste away. Our guide to market stall and food van hygiene rules covers the rest.
Home-based and community kitchens. Chapter III also covers premises used primarily as a private dwelling-house where food is regularly prepared for sale. Chapter IX, paragraph 4 means pets must be kept out of food rooms and stores. For group kitchens, see our guide to community and charity food hygiene.
What is a one-page pest control checklist for a food business?
Use this alongside your diary, adapting it to your premises.
- Every day: look for droppings, gnawing, insects, webbing, feathers or smears and record the result; make sure no food, dirty crockery or open waste is left out overnight; check doors, windows and screens close properly.
- Every delivery: check packaging and food for gnawing or insects, refuse damaged goods, store off the floor and rotate stock.
- Weekly or monthly (choose the interval for your risk): check behind and under equipment, storerooms, drains and the bin area; check gaps under doors, around pipes, air bricks and drain covers; review the contractor’s last report and tick off actions.
- If you find a sign: protect food and discard anything pests may have touched; wash, disinfect and dry surfaces; call your contractor; record what happened and what you did; decide whether to close the area; keep chemicals away from food; tell your manager and, if needed, the council.
What training helps food workers prevent and deal with pests?
Three Nexis CPD courses build the food safety knowledge behind these steps:
Together they cost £18 rather than £27 under the pay-for-2-get-3 offer, and employers training 5 or more staff pay £6 a course place on the team plan. These are CPD awareness courses, not Ofqual-regulated qualifications, and we do not offer a Level 3 food safety course. They do not replace your own procedures, your contractor or practical training. See also our guide to the Level 2 food hygiene certificate. If you take one, start with Food Safety and Hygiene (Retail) Level 2: 20 questions, 80% to pass, and an instant certificate.
Food Safety and Hygiene (Retail) Level 2
100% online, at your own pace. Pass the assessment and your verifiable certificate is emailed instantly.
Frequently asked questions
Is it a legal requirement to have a pest control contractor in a food business?
No. The law requires adequate procedures to control pests (Annex II, Chapter IX, paragraph 4), not a contractor. A contractor is a practical way to meet that duty, but the responsibility stays with the food business operator.
How often should a food business check for pests?
The law sets no fixed interval. The FSA says checks should be regular, with reminders in your diary. Choose a frequency to match your risks and your contractor’s advice, and record every check.
Do I have to tell the council if I find mice or rats?
Section 3 of the 1949 Act requires an occupier to notify the council in writing at once if rats or mice are living on or resorting to the land in substantial numbers. If unsure whether a sighting meets that test, ask your environmental health team.
Can I stay open if I find droppings?
Not in the affected area until food and surfaces are protected, cleaned and, if needed, treated. Officers can close a business at once if there is an imminent risk of injury to health.
Who pays for pest control, the landlord or the tenant?
It depends on your lease. The 1949 Act lets a council serve notices on both owner and occupier, and a notice can require structural repairs. Report structural faults to your landlord in writing; your duty to have adequate procedures stays with you.
Does an awareness course replace my pest control procedures?
No. Awareness CPD is not a regulated qualification. It helps staff recognise problems and follow your procedures, but it does not replace them, your contractor or any specialist training your role needs.
General information, not legal advice. This guide reflects Regulation (EC) No 852/2004 as shown on legislation.gov.uk, the Food Safety and Hygiene (England) Regulations 2013, the Prevention of Damage by Pests Act 1949, the FSA Safer Food, Better Business pest control sheet, HSE’s rodenticide guidance and the council releases named above, all checked on 30 October 2026. Arrangements differ in Wales, Scotland and Northern Ireland, and each council interprets and enforces the rules for its area. Nexis CPD courses are CPD-accredited awareness training, not regulated qualifications, and they do not replace your own food safety procedures, pest control contractor or specialist training.