Food Policy

Last updated: 19 September 2023

5. Policy with respect to complaints

5.1 Background

Complaints in respect of food either relate to:

  1. Hygiene issues and hence involve local businesses
  2. Complaints relating to the actual food itself, either appearance, taste, contamination, (whether physical, chemical or allergenic where an imminent risk to health), or microbiological quality

The purpose of investigating such complaints is:

  1. To identify possible causes for and to resolve any problems which pose a risk to public health
  2. To substantiate complaints and to provide a service to the public
  3. To provide information to the food industry in order to raise and maintain standards
  4. To perform a duty of enforcement, and
  5. To prevent further complaints

5.2 Food hygiene

These types of complaint generally involve a local business, either relating to the standard of hygiene seen/experienced or a complaint following illness.

Complaints that relate to issues that may pose a risk to health are considered of utmost importance and therefore require an immediate response upon notification in order to investigate as thoroughly as possible and to ensure that food continues to be prepared safely. In cases involving issues that do not pose a risk to health, these will be investigated within the departmental response time target.

In determining whether a complaint warrants an immediate response, officers are to consider whether this is an isolated incident or more widespread, whether the complainant has provided a specimen in order to isolate a causative organism, if a complainant reports illness and therefore whether sampling of food would be of benefit, the time period between eating allegedly contaminated food and onset of symptoms and hence the likelihood of the symptoms being caused by food pathogens and the time taken between becoming ill and notifying the local authority. Also, where an official control intervention has recently been undertaken and the officer has indicated high confidence in management, there may not be a need to carry out a further inspection. However, this would be for the investigating officer to judge whether this is necessary or not.

Officers will conduct their investigations and visits in accordance with previously detailed policies and guidance. Where appropriate, samples will be taken in accordance with the Sampling Policy.

5.3 Food complaints

These types of complaint relate to food that has been purchased or eaten within the county and does not meet certain health standards. This could include issues such as mould growth, physical contamination or chemical contamination posing an imminent risk to health. Where the complaint is concerned with composition, adulteration, chemical contamination where no imminent risk to health or misleading claims (labelling), the complaint will be referred to the Trading Standards Service. Likewise, where the complaint originated outside Buckinghamshire, the complaint shall be referred to the relevant local authority.

In relation to complaints associated with allergens, officers will investigate complaints where there has been an alleged reaction by a member of the public. All other complaints relating to labelling and provision of information to consumers will be referred to Trading Standards.

All investigations shall be performed in accordance with the FSA Code of Practice and Practice Guidance and the ‘Primary Authority Scheme’ shall prevail throughout the investigation.

Enforcement action will be in accordance with the Enforcement Policy.

5.4 Food alerts

The Food Standards Agency operates a system to alert the public and local authorities of serious problems concerning food that does not meet food safety requirements, food that is inadequately labelled or food that may be allergenic. Where a problem has occurred, food is normally withdrawn on a voluntary basis. However, in some cases the withdrawal of food involves the food companies working with central and local Government.

When a Food Alert is issued, local authorities are informed of the action that they should take at a local level e.g. local publicity, contact with local food businesses or just to be aware of potential problems during visits to businesses.

Officers will carry out actions as specified in the Food Alert as instructed and in the most appropriate, expeditious and cost effective manner possible to safeguard public health. Action will be taken in accordance with guidance issued by central government.

If, following complaints, a Food Alert needs to be issued by Buckinghamshire Council, the guidance in the Code of Practice will be followed.

When necessary, the Consultant in Communicable Disease Control and/or Public Analyst will be consulted and advice sought as to the public health significance of particular issues.