Food Policy

We will set standards for the qualifications, experience and competence of its officers in line with the statutory guidance.

In the context of the Food Safety Act 1990 and Regulations, an authorised officer’s powers include the inspection of food premises, the inspection, detention and seizure of food, the service of notices and taking emergency action. Officers will be authorised in accordance with the Food Standards Agency Food Safety Law Code of Practice.

Our Constitution, reviewed on 1 April 2020, delegates to the Corporate and Service Directors all executive and non-executive powers and duties relevant to their areas of responsibility. The Service Director has further delegated powers to the Head of Environmental Health and Trading Standards.

The inspection of food premises will only be undertaken by officers who are suitably qualified, experienced and competent in accordance with the requirements of the Food Law Code of Practice pertinent to their duties. This will equally apply to those employed on a contract basis. Inspectors will be authorised in accordance with the authorisation procedure.

Newly appointed officers or currently employed officers who are extending their duties will not be authorised unless they are qualified as above, that they possess the appropriate competencies, skills, qualifications and experience to undertake their duties and that they have undergone a period of structured training in accordance with the Code of Practice. The assessment of competency etc. will be undertaken by their Team Leader in consultation with the Environmental Health Manager (Commercial).

Service of Hygiene Improvement Notices will only be undertaken by qualified officers with experience in food law enforcement, in accordance with the Food Law Code of Practice and after consultation with their Team Leader or Environmental Health Manager (Commercial).

The service of notices by hand will be by any person who is capable of explaining the meaning and legal status of the notice. Notices served by other methods will be in accordance with current legal guidance.

Officers will be authorised to serve Hygiene Emergency Prohibition Notices in accordance with the standards within the policy and Food Standards Agency Food Safety Law Code of Practice. Where practicable, he/she will be accompanied by another officer to corroborate the proceedings and will consult with their Team Leader or Environmental Health Manager (Commercial).

Officers will be authorised to inspect, detain and seize foodstuffs subject to experience and competence.

All officers will be assessed for the necessary practical skills, experience and competency by the relevant Team Leader. Non-authorised officers may assist under the guidance of appropriately competent officers.

The Environmental Health Manager (Commercial) and Team Leaders have been given specific responsibility for food hygiene and food safety matters and managing the food safety service. This will be in accordance with the documented food safety monitoring procedure.

Officers will carry out inspections and exercise their powers in accordance with the relevant legislation, Food Law Code of Practice and within the restrictions of their authorisation.

The Team Leaders (or in their absence, the Environmental Health Manager (Commercial)) will be responsible for the supervision and training of officers and for the maintenance of auditable records. The FSA Competency Framework will be used to establish current qualifications and competencies and to identify future training needs in order that officers can effectively carry out their duties.

Recommendations will be made by the Environmental Health Manager (Commercial), to the Head of Environmental Health and Trading Standards in respect of the powers to be given to officers and the category of premises to be inspected.

A list of the officers, their powers and the category of premises which the officer may inspect, will be maintained and regularly updated. Records of training will also be kept.

Other officers may be appointed to assist in carrying out inspections.

The authority will have regard to the Food Law Code of Practice and Guidance issued by the Food Standards Agency, other advice issued by the Government, advice issued by the Office of Product Safety and Standards, information and guidance issued by a Primary Authority and any approved Industry Guides.

Some specific food premises are required to be formally approved by the local authority. They are then given an approval number that specifically relates to their premises and products and can then use the appropriate identification mark.

The Head of Environmental Health, in consultation with the Environmental Health Manager (Commercial), has the authority to issue or revoke such approvals.

The Authority acknowledges the need to act in a consistent and uniform manner and advocates a common-sense approach to the selection of enforcement action and activities.

The following areas are all considered important in achieving uniformity.

These are detailed in an inspection monitoring procedure:

• the awareness, adherence to and review of the food policy document and further development of office procedures
• training, qualifications supervision of staff. Regular practical training and update sessions will be essential to ensure uniformity
• cross monitoring visits of staff
• use of the Primary Authority Partnership Scheme, specified by the Office of Product Safety and Standards
• liaison with local food groups/adjoining authorities. Use of joint training initiatives. Co-operation and joint working on uniformity issues
• compliance with the Code of Practice and guidance

The Authority is committed to ensuring that food businesses are aware of their legal obligations and to supporting businesses in achieving best practice by providing coaching, training and appropriate advice.

In responding to requests, the advice given should support compliance and be reliable. When appropriate, the information on the Council’s website will be reviewed in light of changes in legislation and government guidance. Requests for advice should not necessarily trigger enforcement action but should be a means to forge positive relationships with businesses.

Where opportunities arise to provide advice and guidance to businesses over and above that required to ensure legal compliance, then a charge may be made. A charge will also be made for re-inspections to review a business’ food hygiene rating.

Where, during a charged advisory service or during a primary authority audit significant risks are identified which pose a serious and imminent risk to health, these will be brought to the attention of the business for immediate action to rectify. Officers will be expected to ensure that action is taken by the business and if not, appropriate enforcement action will be taken. Steps will be taken to ensure that there is no conflict of interest between officers providing the advice and those undertaking enforcement work.

Where advice is to be provided by another department, e.g. Trading Standards, then the business will be appropriately signposted. In relation to allergens in food, officers will provide advice in respect to non-pre packed food and other requests for guidance and information will be referred to Trading Standards. Officers will not make direct referrals.

In particular:

• businesses will be encouraged to acquire food hygiene training where this is appropriate to the business. To assist in this, online Level 2 Food Hygiene courses will be made available charged on a cost recovery basis. At all times it will be made clear that there is no legal requirement to attend the course run by the Council
• our website will provide the relevant signposting to government websites to assist businesses with the interpretation of legislation or good practice. The Council also provides services for ethnic minority groups through 'Language Line' translation services. Where the Council does not provide the service themselves, information will be given to businesses about other providers
• a chargeable advice service may be available to new and existing food businesses to support them in achieving high standards of safety and compliance
• businesses will be supported and encouraged to participate in the Primary Authority Partnership Scheme where applicable
• coaching and mentoring visits may be made to businesses in order to raise standards of hygiene by focussing on issues identified during primary inspections. Appropriate toolkits will be used to assist effective delivery of information
• where there is sufficient demand and resources allow, occasional talks will be given to businesses. Charges to cover costs may be made

The authority is committed to assisting consumers to understand basic hygiene in the home and to providing consumer confidence in local food businesses. The Council’s website will provide access to advice and information on food safety issues and will be reviewed periodically. The authority may participate in national food safety activities and local events and will promote the Food Hygiene Rating Scheme. Talks to voluntary organisations and groups will be given where resources permit.

Inspecting officers will at all times act and dress in a professional manner. Protective clothing will be worn that is appropriate to the premises being inspected and equipment will be maintained and calibrated where appropriate. The Council will provide the necessary personal protective equipment and tools to enable officers to carry out their roles effectively.

Officers will ensure the highest standards of personal hygiene and will not act in such a way as to pose a risk of cross contamination or to health.

Where the legislation permits, the authority will share information via agreed secure mechanisms with other regulatory agencies, internal departments and local authorities about businesses to help target resources and activities and to minimise duplication in relation to, for example, concerns of fraud, immigration and staff welfare, illicit products and trading and food crime.

The authority will share information about businesses with the primary authority as appropriate and with other authorities when acting as a Primary Authority. Where third parties request copies of inspection reports, these will be provided in a redacted format through the Freedom of Information process.

Officers will co-operate with any requests for assistance and/or information from the Food Standards Agency or other enforcement bodies or local authorities. Information on businesses trading within the Buckinghamshire Council area will be shared with enforcement agencies and internal departments.

Information will be shared with the Food Standards Agency to ensure that official controls are conducted at premises that are enforced by them.

Data is held on our respective legacy data management systems and will be uploaded to the Food Standards Agency for the purposes of annual statutory returns and FHRS. The databases are under review and will be combined into a single data source in the coming years.