Why are food businesses inspected?
Food premises producing, preparing and selling food are inspected to ensure that they are hygienic and that the food produced and sold is safe to eat.
When are food businesses inspected?
Enforcement Officers may visit on a routine inspection or because they have received a complaint. The frequency of their visits depends on the type and size of the business, the type of food they are producing or selling and their previous record of compliance with food legislation.
What powers do food inspectors have?
- Enforcement Officers have the right to enter and inspect food premises at all reasonable times. They do not have to make an appointment and they will usually visit without notice. They can take samples and photographs, and inspect records. Officers must not be obstructed.
- They can detain or seize food.
- They may write to food businesses informing them of what they need to do in order to comply with the law with a timescale in which to put matters right. There may also be items which are not required specifically by law but which are recommendations of good practice. These will be clearly stated.
- They may serve Hygiene Improvement Notices where breaches of the law are identified which need to be put right, and are of a more serious nature on their own or collectively.
- They may decide to recommend a prosecution in serious cases; if the prosecution is sucessful the Council may impose prohibitions on processes and the use of premises or equipment. Courts may impose fines and possibly imprisonment.
- They may serve an Emergency Prohibition Notice if there is an imminent risk to health. This forbids the use of the premises or equipment. This Notice must be confirmed by the Court.
Factors which affect the choice of enforcement options
- the seriousness of the alleged offence;
- the previous history of the party concerned;
- the likelihood of the defendant being able to establish a due diligence defence;
- the willingness of the party ot prevent a recurrence of the problem;
- the probable public benefit of a prosecution and the importance of the case;
- whether any other action would be more appropriate or effective;
- whether a reasonable explanation has been offered;
- whether there is satisfactory evidence of an offence.
Officers will explain and discuss the options available to food businesses before any action is taken and their views will be taken into account.
What will they do during the inspection?
Enforcement Officers will look at how food businesses operate in order to identify potential hazards and to ensure that the legislation is being complied with.
What are food businesses entitled to expect from our Enforcement Officers?
- to be shown identification on arrival;
- a courteous manner throughout the visit;
- to be shown all relevant information;
- feedback from the inspection, such as information about hazards which have been identified and guidance on what they must do in order to comply with the law;
- to be given the reasons in writing for any action they are asked to take;
- to distinguish between legal requirements and recommendations of good practice;
- where there is an apparent breach of law, a statement of what the 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 we expect from food businesses in return
- to recognise that they have a duty to comply with the law
- to work with us to resolve problems
- to talk to us about any concerns they have or if they are unsure about their obligations
- not to be obstructive.