Food law inspections and your business
Introduction
The Food Safety Act and Regulations made under it aim to make
sure all food offered to the public is safe to eat. The information
below explains the role of environmental health officers and food
safety officers in helping you to produce safe food and to meet
your other responsibilities. This is based on Department of Health
guidance and is not intended as a complete statement of the
law.
Who will inspect your business?
Environmental health officers and food safety officers have the
right to enter and inspect food premises at all reasonable hours.
They do not have to make an appointment and they will usually come
without advance notice. They carry out routine inspections and may
also visit as a result of a complaint. How often routine
inspections happen depends on the potential risk posed by the type
of business and its previous record. Some premises may be inspected
at least every six months, others much less often.
Inspectors will look at the way you operate your business to
identify potential hazards and to make sure it complies with the
law. They will discuss any problems with you and advise on possible
solutions. They also have powers which they can use when they think
it necessary to protect the public. These are explained below:-
What are you entitled to expect from inspectors?
- a courteous manner;
- to be shown identification;
- feedback from any inspection, such as
information about hazards which have been identified and guidance
on how they could be avoided;
- a clear distinction between what the inspector
is recommending you do because it is good practice and what you
must do to comply with the law;
- to be given the reasons in writing for any
action you are asked to take;
- where there is an apparent breach of law, a
statement of what that law is;
- reasonable time to meet statutory requirements,
except where there is an immediate risk to public health;
- to be told the procedures for appealing against
local authority action.
What powers do inspectors have?
- They can take samples and photographs, and
inspect records. You must not obstruct inspectors.
- They may write to you informally asking you to
put right any problems they find. Where breaches of the law are
identified which must be put right they may serve you with an
improvement notice.
- They can detain or seize suspect foods.
- In serious cases they may decide to recommend a
prosecution. If the prosecution is successful, the court may impose
prohibitions on processes and the use of premises or equipment,
fines and possibly imprisonment.
If there is an imminent health risk to consumers, inspectors can
serve an emergency prohibition notice which forbids the use of the
premises or equipment. Such a notice must be confirmed by the
court.
What can you do if you think the outcome is unfair?
- If you don't agree with action taken by the
inspector, you should first contact the Food and Occupational
Health Team Leader at Allerdale Borough Council, to see if the
problem can be resolved informally. If disagreement remains after
that you should follow Council's Formal Complaints Procedure.
- If you think Allerdale Borough Council is
applying the law in a different way from other authorities you can
seek advice from the Local Authorities Co-ordinating Body on Food
and Trading Standards (LACOTS) either through your trade
association or your local authority.
- You have a right of appeal to a Magistrates'
Court against an improvement notice or a refusal by a local
authority to lift an emergency prohibition order.
- A Magistrates' Court must
confirm the emergency closure of a business or the seizure of food.
If magistrates decide premises have been shut without proper
reason, or food has been wrongly seized or detained, you have a
right to compensation.
Finally, remember
- Allerdale Borough Council officers are ready to
help if you need any advice on food safety;
- Industry-specific food hygiene guides are
published to give practical advice on legal compliance;
- Trade associations and independent consultancy
services can also help;
- Closer partnership between food businesses and
local authorities means better public protection.