Opening or taking over a restaurant
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Regulatory standards to know in the restaurant industry

Louis de Champs
April 5, 2023
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Bringing your restaurant into compliance with current regulations is one of the prerequisites for opening and operating your establishment.

The purpose of this article?

That you have in mind all the regulatory standards to respect, not only to guarantee the safety and the reception of all, but also to protect you from the risks of fines or closing.

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Safety regulations 

With your license in hand and your administrative declaration completed, it's time to discover the standards governing the restaurant business. The first ones that we are going to approach concern safety.

Spaces open to the public (ERP) are classified in 5 categories according to their capacity. The rules in case of fire and evacuation are different from one category to another. Your first task is to know in which group you are: group 1, which includes categories 1, 2, 3 and 4, or group 2?

To find out, visit this dedicated government site.

Certain regulations are common to all ERP. All of them must be equipped with alarm and warning devices (smoke detectors), a surveillance service and fire-fighting resources appropriate to the risks. These places must also have two exits to the outside, with unobstructed access at all times.

The circulation plan must be posted in each room likely to accommodate more than 5 people and must indicate the plan of the building with the exits and the way to reach them, any stairwells and elevators, as well as the telephone numbers of the emergency services. Their elaboration must comply with the NF X08-070 standard.

Finally, it is mandatory to train your staff in the operation of fire rescue equipment and in public evacuation. The number of trained employees depends on the size and capacity of your establishment.

You are also required to keep a safety logbook that includes the following information:  

  • the list of personnel in charge of the fire department,
  • general and specific instructions in case of fire and evacuation,
  • the dates of the various controls and the observations to which they gave rise,
  • the dates and nature of the alterations and modifications, the names of the contractor(s) and, if used, the architect or technician supervising the work.

Certain actions can considerably limit the risk of fire. These include maintaining a distance of at least 50 cm between the cooking equipment and the kitchen walls if the latter are not covered with fireproof materials, and ensuring that the kitchen equipment is properly stabilized. These compulsory practices concern especially the "big kitchens" where the power of the cooking equipment exceeds 20 kW.

Hygiene standards in a restaurant

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Hygiene standards

The handling of foodstuffs is subject to very strict hygiene rules. They concern the personnel, the food (manufacturing, conservation and storage), but also the premises, the equipment and the waste. 

The staff 

HACCP training has been made mandatory for commercial food service establishments since July 27, 2010.

You are probably wondering what is behind this acronym?

Hazard Analysis Critical Control Point. In French, this gives the system of analysis of the dangers and critical points for their control. We will stick to HACCP! 

This training aims to educate staff on the hygiene and safety standards to be respected before, during and after the preparation of meals. It covers a wide range of topics from cleanliness of the premises, to food hygiene, to cold chain compliance. You must have at least one person with this training on your staff.

And you, who is your hygiene expert? The training lasts 14 hours and is delivered by an organization depending on the regional prefect. 

This is self-evident, but this article could not go on without specifying that all food handlers must wear clean clothing, a cap and gloves. Staff must also wash their hands before returning to work, after leaving the washroom and after handling waste. Finally, it is important to remember that sick or injured employees should not come into contact with any food. 

The layout of your restaurant

Thelayout of your establishment is also subject to its share of regulatory constraints.

  • Dirty work areas (garbage, dishwashing) must be separated from clean areas,
  • Your staff should not be forced to walk through the kitchen to access the garbage room,
  • Staff and customer washrooms should not overlook the kitchen or food storage area.

How many employees do you have? If this number is 25 or more, then you are required to provide them with a fully equipped eating area. 

You've got everything right? Then let's continue! 

The material

Now let's look at what the law requires of you in terms of equipment: 

  • Your kitchen must be equipped with a grease trap,
  • Your equipment must bear the LERPAC or NF food hygiene compliance notice,
  • Wooden utensils and equipment are not allowed, prefer stainless steel,
  • Garbage cans must be closed with a lid and opened with a foot pedal.

The equipment 

Your establishment must be equipped with :

  • sanitary facilities with toilet, flush, sink, soap and a hand dryer system with forced air or disposable paper,
  • a changing room for employees if their work requires specific clothing.

Your kitchen must be equipped with : 

  • a ventilation system that does not mix air from clean and dirty areas,
  • separate sinks for hand washing and vegetable washing,
  • a siphon to evacuate the washing water,
  • a cold room with thermometer and temperature control,
  • hoods and MO capture devices,
  • rigid, metallic exhaust ducts that are maintained at least once a year (filters should be cleaned at least once a week),
  • an M1 or MO containment screen with a minimum height of 0.5 m, which must separate the open kitchens from the room,
  • an emergency stop device for the power supply to the cooking appliances. 

Practices to be respected 

You are now familiar with the regulations concerning personnel, premises, materials and equipment.

Just a little more effort to memorize these 4 commandments: 

  1. Your utensils and work surfaces, you will wash at the end of each service,
  2. Your foodstuffs, on the ground, you will never deposit,
  3. Food serving tongs you will use,
  4. Your personal items, in the locker room or in your pockets will remain.

Drinking water supply, food storage and preservation, and waste treatment are also subject to specific regulations. To find out more, go to the government website.

This will give you access to all the rules of hygiene in the restaurant industry. I promise, it is not a fifty-page law, but simply a bulleted list of standards to respect and good practices to adopt.

Regular checks

It is not mandatory to have your kitchen inspected by a laboratory, but it is strongly recommended to avoid any risk of contamination or poisoning. Please note that the hygiene and food safety service of the departmental directorate for the protection of the population carries out regular or unannounced health control visits. In case of negative control or food poisoning, you may be subject to a prison sentence.

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Regulatory measures regarding accessibility 

As a restaurant owner, you are required to comply with the law of February 11, 2005 on equal rights and opportunities, participation and citizenship of people with disabilities.

This stipulates that any establishment receiving the public (ERP) must comply with the following accessibility rules : 

  • 2% of parking spaces must be reserved for persons with disabilities,
  • Entrance doors must be at least 90 cm wide,
  • The traffic lane must be at least 140 cm wide,
  • If your restaurant has a capacity of more than 50 people, 2 places must be adapted for people with disabilities,
  • Traffic stripes must be in place,
  • The toilets must allow people with disabilities to turn around with a cane or wheelchair. 

Are you a good student of accessibility? 

To obtain your accessibility certificate, you must apply to the prefect of your department and to the accessibility commission of your municipality. The fine for non-compliance is 45,000 and comes with the risk of administrative closure.

Please note that in the case of a restaurant installed in a new building, you cannot benefit from any exemption.

Accessibility measure in a restaurant

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Regulation of the daily management of the restaurant 

From a legal point of view, you must also be vigilant on these 5 points: 

  1. Since January 1, 2008, smoking has been prohibited in social areas such as restaurants. You must therefore inform your customers with clear and visible signs and ensure that this measure is applied.
  1. Opening hours may be subject to certain restrictions. Please contact your local prefecture to find out the opening hours applicable to your establishment. 
  1. The broadcasting of music is also regulated, which is why you must request authorization from Sacem, the organization in charge of rights. 
  1. Take the time to contact the prefecture of your department to find out about the regulations concerning noise and neighborhood tranquility. These regulations, as well as the penalties for proven noise pollution, differ depending on the location and type of establishment. 
  1. Make sure your cash register software is NF 525 certified.

👉 To go further: understand everything about the NF525 standard in 5 questions

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Display standards

Are you a regular reader of Innovorder articles?

So we don't teach you anything, but if you don't know, you should know that you are concerned by certain norms in terms of display. We distinguish between signs intended for customers, such as the presence of allergens, opening hours, the origin of the meat or the prices, and those intended for the staff.

👉 To go further: mandatory signage in a restaurant: rules to know, 

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The restaurant business is a highly regulated profession, but this set of standards and constraints allows all the people who work with your establishment, staff and customers, to work and eat in the best possible conditions.

The key is to know the regulations in order to apply them. That's it!

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Are you a restaurant professional? Contact an Innovorder expert and get personalized advice on equipping your establishment with the best digital solutions (cash register, online ordering, order taking, etc.).

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