Food Policy

An up to date record will be kept and maintained on a computer database of all known food premises, together with the food register required by law. All known food businesses will be assessed for the need to be included on the planned programme of inspection based on information obtained from the food business operator or following inspection.

Newly registered food businesses will undergo an initial triage to determine the potential risk they pose. Newly registered high risk food businesses will be inspected within 28 days, where possible, following receipt of the application for registration. Any longer period should take account of the nature of the business and prior knowledge of the level of managerial competence.

The Food Law Code of Practice, to which officers legally must have regard when inspecting food businesses, allows authorised officers and food authorities to use a range of interventions, using strategy and officers' professional judgement to determine the most suitable level of intervention, proportionate to the activities of the food business. The range and scope of interventions is detailed in Appendix 1. In determining the inspection approach, officers will take into account the compliance record of the business and any other earned recognition and third party verification in place. Officers have been given training and regular reviews are in place to ensure consistency in this approach. Officers will participate in the FSA’s consistency exercises. Interventions are defined as activities that are designed to monitor, support and increase food law compliance within a food establishment. More intensive regulation will be directed at those food businesses that pose the greatest risk.

Resources will be targeted at those businesses posing the greatest food safety risk. Premises that are engaged in low risk activities, for example those only serving teas and biscuits, are deemed to pose a non inspectable food risk and will not be subject to official food controls or be part of the intervention programme.

Systems will be maintained to monitor inspection frequency against the planned programme. All visits will be recorded on the computer-based system and documents scanned to the corporate Electronic Document Management System.

The authority will work to the standards in the Food Law Code of Practice and Guidance and the internal inspections procedure documents.

The main purpose of inspection is to identify potential risks to food safety or which are likely to give rise to food poisoning and to ensure that the business understands the risks and has put the necessary measures in place to minimise them. When undertaking an intervention, officers will pay particular emphasis to documented management systems. However, it is recognised that the seven Hazard Analysis, Critical Control Point (HACCP) principles are a model towards compliance and that the legislative requirement can be achieved by other simplified, effective equivalent means.

A systematic approach to risk assessment will be adopted based on The Food Safety and Hygiene (England) Regulations 2013. Where businesses have identified their own critical points for food safety and have introduced controls, the intervention will focus on the accuracy of the critical points assessment and on the effectiveness of the controls. Written assessments will normally be expected in high risk or complex businesses. Low risk or simple businesses will not be expected to have written or elaborate assessments although the use of Safer Food, Better Business will be promoted where appropriate.

Where no assessment by the business can be demonstrated the inspection will focus on the officer’s own critical points assessment and examination of controls. In accordance with government advice on enforcement, formal action will be considered where an informal approach has been unsuccessful in achieving compliance with the food safety management requirements.

The whole of a premises may not necessarily be inspected at each inspection; those areas of greatest risk will be given priority. Where the inspection varies from government guidance or departmental procedures, this will be recorded.

Computer records will be updated following every visit.

In relation to enforcement of allergen information (Food Information Regulations 2014, as amended), officers will check for compliance when undertaking programmed official food controls and issue advice and guidance where there is non-compliance. Where the issue of concern relates to measures enforced by Trading Standards, then this will be referred accordingly. Officers may seek formal compliance by taking enforcement where regulatory action for other food safety matters is being carried out.

Every intervention (including those where no defects are identified) will result in a written report to the food business operator. Copies of the report will be sent to the Manager or other relevant persons. The report will comply with the requirements of the Code of Practice and advice will be in line with guidance and relevant Industry Guides to Good Hygiene Practice.

A standard format will be used. The report will cover the important issues noted during the inspection and will clearly distinguish between legal requirements and recommendations. It will give details of the person carrying out the inspection, date, time, the areas inspected, the FHRS rating where possible and the procedure if the food business operator disagrees with the issues raised in the report.

Good communication between inspector and proprietor/manager is essential wherever possible, including ensuring that the purpose and scope of an inspection is understood and the "works" needed following the inspection with an agreed time limit. The impact of the advice should be considered so that it does not impose unnecessary burdens upon businesses.

Programmed inspections will be carried out at all reasonable hours. It is recognised that food businesses operate outside normal office hours of work and so the inspection programme will take this into account. Food businesses operating outside of ‘normal’ office hours will, on occasions, be inspected at times when different activities occur to that in the day time.

Programmed inspections will normally be unannounced with the following exceptions:

• where officers are unlikely to gain access without notifying the proprietor, for example sports clubs, small home caterers, church halls
• where security measures are in existence
• if full information is not able to be gained at the unannounced visit, an appointment may then be made to discuss the issues further, for example specific HACCP documentation, advice from a technical manager at a large manufacturer

Notice will not be given where serious complaints are being investigated.

Revisit dates may be notified in advance as an aid to ensuring that works are completed and to facilitate further discussions with the food business operator.

Where alternative dates for visits are requested by a business the inspector may agree, if suitable justification is given, and the inspector is satisfied that the purpose behind the request is not to conceal a major risk. However, this is at the officer’s discretion.

Revisit inspections will be arranged to check on matters raised during an inspection (and any obvious extra defects) where there are significant contraventions and/or serious risks to public health, to check on compliance with statutory notices and where subject to a Hygiene Emergency Prohibition Notice or Order, to check that the business remains closed or a process continues to be stopped. They will not turn into a further full inspection except where a major risk is identified. Where significant breaches of hygiene regulations have been identified, the revisit should whenever practicable be undertaken by the same officer who undertook the initial visit. After initial inspections, businesses must be made aware that a revisit will be made and appropriate dates discussed.

Revisits will not always result in a written report (unless further work is required) to the proprietor/manager although the proprietor/manager will always be advised of the outcome verbally, and in writing if requested. However, detailed records of revisits will be made and kept on the computer property database. Records will be maintained of correspondence and formal notices which have been complied with.

If at a subsequent intervention or revisit, no progress has been made to achieve compliance or standards within the business have not improved, then more formal action will be considered in line with this policy.

For premises with a FHRS score of 0, 1, or 2, a phased revisit process may be implemented. This could apply to those businesses who have contraventions that are likely to affect the safety of the food being served, producing an 'unsafe contravention'. Where appropriate, enforcement action will be taken in accordance with the Enforcement Policy. The officer, using their knowledge of the business and food business operator may decide upon the best approach to establishing compliance and improved hygiene standards. This may involve a coaching session in the areas that the business has scored poorly on for which a range of tools have been developed. The business may then, if necessary, be given time to implement the changes before another revisit is made. Dependant upon the nature of the outstanding requirements, and the past history of the food business operator, the 2nd revisit, may be able to be achieved over the phone or the submission of documentation or photographs. Should businesses fail to maintain their compliance during subsequent inspections, then enforcement action will be taken in accordance with the Enforcement Policy.

Where a re-inspection under the FHRS is requested, this will be in writing and supplemented with supporting evidence in order to establish whether adequate measures have been put in place to warrant a re-inspection and the fee paid. Re-inspections will generally be un-announced and will take place within 3 months of the request for re-inspection and the business re-rated according to the hygiene standards found at the time. Distinction will be made between those re-visits necessary to ensure compliance and to address food safety issues and those re-inspections at the request of the Food Business Operator to re-rate the business under the FHRS.