Why are food businesses inspected?
Businesses that produce or prepare food for the public are inspected to ensure that the food is safe to eat.
These inspections enforce The Food Hygiene (England) Regulations 2006 and relevant EC regulations which aim to make sure all food offered to the public 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 your business, the type of food you are producing or selling and your previous record of compliance with food legislation.
What Powers to 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 come without notice. They can take samples and photographs, and inspect records. You must not obstruct officers.
- They can detain or seize food.
- They may write to you informing you of what you 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 Court may impose prohibitions on processes and the use of premises or equipment, fines and possibly imprisonment.
- They may serve an Emergency Prohibition Notice if there is an imminent risk to consumers. 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;
- Whether there have been any similar breaches in the past;
- The willingness of those involved to rectify the problem and prevent a recurrence of the problem;
- Whether a reasonable explanation has been offered;
- Whether there is satisfactory evidence of an offence.
Officers will explain and discuss the options available with you before any action is taken and your views will be taken into account.
What will they do during the inspection?
Enforcement Officers will look at how you operate your business to identify potential hazards and to make sure that your business is following the law.
What you are 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 you must do in order 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 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 you in return
- to recognise that you have a duty to comply with the law
- to work with Enforcement Officers to resolve problems
- to talk to us about any concerns you have or if you are unsure about your obligations
- not to be obstructive.