Joint Food and Safety Service Business Plan 2022 to 2024

The service will be delivered through:

• routine programmed inspection of food businesses, at frequency determined by a risk assessment, with appropriate follow-up action
• proactive targeted inspections of businesses and service sectors where there is likely to be a greater risk of injury from those activities identified by national accident statistics and local intelligence with appropriate follow-up action
• assessment of relevant food hygiene premises to determine their food hygiene score in terms of the Food Hygiene Rating Scheme and which will be published on the Food Standards Agency website
• routine self-assessment questionnaires to low risk premises
• investigation of complaints with appropriate follow-up action
• investigation of accidents with appropriate follow-up action
• participation in national and local food sampling programmes
• appropriate training, development and monitoring of officers
• provision of information, coaching and advice to businesses about legal requirements and good practices
• provision of relevant food safety courses for food handlers and a chargeable advice service to businesses
• promotional activities to inform and encourage high standards in businesses
• promotional activities to educate the consumer in food hygiene and safety

Priority will be given to targeting those activities that pose the greatest risk to members of the public and employees by:

• the correct and uniform identification of high-risk areas during programmed inspections and as a result of complaint and accident investigation and to concentrate efforts to reduce these risks
• focussing enforcement efforts on those businesses who pose the greatest risks, such as those that are not broadly compliant
• ensuring efforts are focussed on persistent offenders
• ensuring compliance with the law
• engaging in those promotional activities for businesses and consumers, which are most likely to foster improved safety

Revisits to businesses will be undertaken in accordance with the relevant policy.

Prior to the COVID-19 pandemic, one of the key priorities was to inspect all food businesses when they became due in accordance with the Food Law – Code of Practice (England).

However, as a consequence of the pandemic, resources were diverted to responding to the challenges posed by the pandemic, including:

• the enforcement of business closures during periods of lockdown and restrictions put on those that remained open
• advising businesses once restrictions were lifted
• responding to outbreaks and clusters of infection

As previously mentioned, the service is following the FSA Recovery Roadmap. As a consequence of the COVID-19 pandemic, a significantly reduced food hygiene inspection programme was followed during 2019 to 2020 and 2020 to 2021 with no inspections being undertaken in the first two quarters of 2020 to 2021.

Therefore the previous inspection programme is out of date and there are now a substantial number of food businesses that have not received an intervention within the minimum frequency as set out in the Food Law Code of Practice, coupled with an increase in new food business registrations.

At the start of the FSA Recovery Roadmap, there were 927 new food business registrations that had not been triaged or inspected.

We were successful in bidding for funds from the FSA to employ staff to contact and triage new businesses and to provide an assessment as to their potential food safety risk. This was initially by phone and followed up by email. Of these new businesses:

• 654 were effectively triaged, 105 of which still needed to be triaged in terms of risk
• 80 high-risk businesses were awaiting inspection

In addition to the new business triaging, officers focussed their attention on inspecting all those food businesses rated as category A and B and the non-compliant Cs and Ds. We are therefore ahead of the Recovery Roadmap milestones and are now inspecting the compliant category C businesses.

As such the 2022 to 2023 inspection programme has the following profile:

The intention is to have caught up with all overdue inspections by the end of Phase 2 of the Recovery Plan (March 2023) and to be in a position to move forward with the new proposed FSA delivery model. Agency staff have been employed to inspect the lower risk new food businesses, leaving permanent staff to focus on the higher risk new businesses and existing compliant category C premises.

However, the Service is experiencing a continual increase in new food businesses registrations, increased numbers of large public events over the summer together with demands for home inspections under the Homes for Ukraine Scheme. With new variants of COVID-19, we have also experienced increasing staff absence following positive tests. Therefore, there is some concern that not all the compliant category C premises and new businesses will be inspected by 31 March 2023. There may come a point where agency staff will be assigned to inspect the high risk new businesses, thus leaving the lower risk new businesses uninspected. Progress will be monitored on a monthly basis.

During 2022 to 2023, focus will also be on the harmonisation of policies and procedures across the legacy areas and at the same time look at areas for service improvement. To this end, policies and procedures of the legacy authorities continue to be reviewed and developed, taking the best practice from each. This will include the inspection processes, schemes of delegation and procedures for the assessment of officer competency and authorisation, streamlining the export health certificate process and the harmonisation of sampling equipment and calibration of thermometers.

As part of an ongoing programme of service transformation, improved and more efficient and effective ways of working and delivering the service will be explored. In one legacy area, officers use iPads to record their inspections and produce much improved electronic reports for food businesses.

These reports are designed to show a traffic light system of compliance and incorporate photographs thus making it clear to businesses what the issues are that need addressing. These will be rolled out to all officers during 2022 to 2023.

The Food Hygiene Rating Scheme (FHRS) continues to be well received by both the public and businesses. Businesses wishing to improve their rating following an inspection can apply for a re-inspection. From the 1 April 2017, local authorities have been able to charge for re-inspection requests to cover their costs; this is currently set locally at £164.

A number of online delivery platforms require food businesses to have a food hygiene rating of at least 3 before they can be on their database and as a consequence, we continue to see an increase in the number of applications for re-inspections.

Where businesses attain a 0-2 rating, a revisit is always undertaken to gain compliance. If at this visit it is found that the business would improve their rating, they are encouraged to apply for a re-inspection.

The Health and Safety Executive has set out a 10-year strategic plan called Protecting People and Places (HSE.GOV.UK) which sets out its key priorities to enable it to respond and adapt to a changing landscape.

To support the strategy, guidance has been published for local authorities (LAC 67/2 (rev 11)) to aid the prioritisation of health and safety interventions. This identifies the national priorities based upon accident statistics and the associated high risk activities and business sectors. These will form the focus of projects we will undertake during 2022 to 2024.

The key areas of national interest are:

• work-related stress and mental health – ‘Working Minds’ campaign
• electrical safety in hospitality – outdoor use
• construction – asbestos, falls from height, respirable silica dust, handling materials
• animal visitor attractions – infection control
• inflatables – safe operation and set up
• trampoline parks – information provision and supervision
• gas safety in commercial catering – installation, maintenance and inspection
• pesticides – storage, use and supply
• spa pools/hot tubs on display – legionella
• welfare of delivery drivers – welfare provision
• work-related road safety – delivery
• safety of commercial waste and recycling bins – gaining access for shelter
• worker involvement in safety management systems – involvement of staff

HSE provides a list of activities/sectors considered suitable for proactive inspection in its Setting Local Authority Priorities and Targeting document (PDF, 368 KB).

The guidance is clear however, that there should not be an inspection without a reason and that other alternative interventions may be more suitable, for example advisory visits, publicity campaigns and seminars.

Unlike with food, the risk category of a business will not form part of the inspection programme and so will not be subject to any proactive interventions unless they come within one of the priority subject areas or local intelligence suggests the need for targeted interventions. In 2022 to 2023 we will identify an area of project based work which will aim to raise health and safety awareness and improve standards in either that particular sector or topic.

The Food and Health and Safety Enforcement Policies detail the policy relating to the investigation of complaints, whether they are about hygiene standards at premises, complaints about food purchased within the county, safety standards at premises or welfare issues. From 2021 to 2022, 366 food related service requests were received, 284 concerning the hygiene of premises and 82 in relation to food itself. 38 visits were made following complaints or incidents relating to either reported accidents or concerns about standards at premises.

Buckinghamshire Council has established Safety Advisory Groups, the purpose of which is to collate information about an event to enable the emergency services to gauge its potential impact upon the local community, to identify beforehand any issues or concerns which may potentially arise and to give advice to event organisers. In 2021 to 2022 in excess of 250 consultations were considered for a variety of events.

In addition, the team is now responsible for the issuing of the General Safety Certificate for the Designated Sports Ground at Wycombe Wanderers Football Club and chair the statutory Safety Advisory Group for this stadium. The team has also been extensively involved in the inspection of food vendors and the hospitality provision at Silverstone Circuit during the F1 British Grand Prix and MOTO GP along with associated camping provision for attendees.

Under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013, employers and self-employed are required to notify the enforcing authority of any notifiable injury.

The policy for the investigation of accidents is detailed in the Health and Safety Enforcement Policy and accidents are investigated according to the criteria within it.

In July 2009, the Regulatory Enforcement and Sanctions Act introduced the concept of a ‘Primary Authority’ for the majority of regulatory functions. At the request of a business, a local authority is compelled to act as that company’s Primary Authority.

The role of the Primary Authority is to act as a point of contact for other local authorities on policy issues, inspection programmes and when considering taking any enforcement action.

The Primary Authority is able to prohibit that local authority from taking their enforcement action subject to an appeal process to the Office for Product Safety and Standards against the decision of the Primary Authority.

We have 7 established Primary Authority Partnerships with a variety of businesses:

• Culinera Ltd
• Beechdean Group
• BFS Group Ltd (Bidfood)
• Bidfresh Holdings Ltd
• Premier Foods Ltd
• Royal Air Force
• Hovis Ltd

The team will actively participate in the Buckinghamshire and Surrey Trading Standards Primary Authority ‘Single Point of Contact’ Model and work with trading standards colleagues in establishing future primary authority partnerships with local businesses and trade associations where resources allow.

The authority is committed to ensuring that businesses are aware of the requirements of the law and good practice, and will wherever resources permit, provide advice to assist businesses. Such an approach helps to improve food hygiene standards and enables positive relationships to be built with businesses.

As part of its role in the Safety Advisory Group process, advice is given to event organisers on all aspects of Environmental Health, including food safety, health and safety, noise control, water supply and waste management. The group also co-ordinates responses from other external agencies.

Work is currently being undertaken to bring together the legacy websites into one Buckinghamshire Council site which will incorporate advice, signposting and online applications and payments.

Some of the legacy authorities also provided a chargeable advice service for new and existing businesses to support them in achieving higher standards of safety and compliance and this will now be rolled out across all areas. A charge is made for those businesses who wish to have a re-inspection under the Food Hygiene Rating Scheme.

Whilst some of the legacy authorities have provided face to face Level 2 'Award in Food Safety in Catering' courses in the past, these have become less popular and over the past few years, and particularly during the COVID pandemic, there has been little uptake of these types of courses, with businesses preferring to use online training. Not only is this cheaper but it also frees up their staff time. As a consequence, we will continue to provide these and investigate increasing the range of online courses further. All courses are accredited by QCA and the Highfield Awarding Body for Compliance Ltd. These courses can also to be run for organisations at their premises upon request.

In addition to advice being given to businesses, information is also provided for the public in the form of information on the website, social media and participation in national campaigns.

The policy in relation to sampling is detailed in the Food Policy and covers sampling of food, water and faecal and food samples as part of food poisoning investigations.

Whilst policies and procedures are being harmonised, proactive sampling will be restricted to the UKHSA national and regional coordinated sampling programme.

This will cover:

In 2023/24 an annual sampling programme will be drawn up to cover:

• food products manufactured locally
• national and regional coordinated sampling
• imported foods
• locally coordinated sampling

The sampling programme will be based on the following objectives and an assessment of the potential risks associated with the particular activity to:

• obtain recognised and usable microbiological standards for foods, via a nationally coordinated sampling programme
• fulfil legal and government driven obligations
• monitor those businesses whose standards of hygiene are less than satisfactory
• check that food complies with statutory microbiological standards, where available
• check that locally manufactured and handled foods are microbiologically safe
• identify specific foodstuffs which are more likely to be microbiologically unsound
• form part of the non-inspection official control programme for broadly compliant food businesses

It is recognised that good cooperation and coordination at a national and local level is necessary to achieve such objectives and the authority is committed to:

• participating in and co-operating with the UK Health Security Agency and Food Standards Agency’s national sampling schemes
• coordinating with adjoining local authorities and local UKHSA to agree locally coordinated sampling
• ensuring 10% of samples come from third country imported foodstuffs, in line with the Food Standards Agency requirements

Sampling forms an important part of the inspection programme with lower risk, broadly compliant businesses being sampled rather than having a full inspection. This approach provides an efficient and effective use of officer’s time, enabling greater focus on those businesses which continue to be non-compliant. Sampling is also performed on an adhoc basis as necessary, generally in response to a complaint from a member of the public, as part of a food poisoning outbreak or during a routine inspection.

As part of the revised inspection processes the use of bioluminescence analysis of hand and food contact surfaces provides rapid assessments of cleanliness and cross contamination. As well as demonstrating potential failures in hygiene arrangements, the visual nature of these tests also aids the educational aspect of the inspection.

Samples for microbiological analysis continue to be taken to the UKHSA laboratory at Colindale, London. Samples for examination will go to the Public Analyst, Hampshire Scientific Services.

The policy for dealing with food related diseases is to:

a) Investigate all outbreaks of notifiable disease within the county in co-operation with the UK Health Security Agency:

• to identify the cause of infection
• to prevent the spread of infection
• to educate and prevent re-occurrence

b) Promote the training of food handlers

A Single Case Protocol and Joint Health Protection Incident and Outbreak Control Plan have been developed in consultation with the Consultant in Communicable Disease Control and Thames Valley UKHSA Centre which are reviewed on a regular basis.

Notified cases are followed up in line with the UKHSA protocols to identify the source and cause, and to establish whether the case is within a high-risk group. Such outbreaks involve a considerable amount of time and effort to investigate and control and as a consequence, other proactive work tends to be held in abeyance until the outbreak is concluded.

Food Alerts are the Food Standards Agency's way of informing local authorities and consumers about problems associated with food and, in some cases, provide details of specific action to be taken. They are often issued in conjunction with a product withdrawal or recall by a manufacturer, retailer or distributor. Officers will carry out action 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. Action taken in relation to food alerts associated with chemical contamination will be in consultation with Buckinghamshire and Surrey Trading Standards.

Rapid Alert System for Food and Feed (RASFF) is primarily a tool to exchange information between EU member states on consignments of imported food and feed in cases where a risk to human health has been identified and measures have been taken.

As of 1 January 2021, the UK no longer has full access to the system although it still receives RASFF notifications for those alerts which directly impact the UK. As with the food alert officers will carry out any action specified in the RASFF.

If a Food Alert needs to be issued following complaints or issues arise as part of the routine inspection programme, the guidance in the Code of Practice will be followed.

When necessary, the Consultant in Communicable Disease Control and Public Analyst will be consulted and advice sought as to the public health significance of particular issues. Specialist experts will also be called upon as necessary. Appropriate resources will be allocated to resolving any food safety incident and alternative measures taken to deal with other work.

We will continue to work closely with our Primary Authority partners where their products may give rise to a food safety incident, providing advice and guidance and liaising with other regulators as required.

The Authorities have a number of formalised liaison arrangements with various public bodies and neighbouring local authorities. These include:

• liaison groups – meetings to discuss current enforcement issues and to develop action plans to progress food and health and safety promotion and enforcement. Also in attendance is the Quality Manager from the UKHSA, Colindale to discuss sampling results and programmes and the Health and Safety Executive
• Buckinghamshire and Surrey Trading Standards - to discuss joint initiatives and primary authority partnerships
• Thames Valley UKHSA Centre – meetings to discuss current infectious disease issues and to progress initiatives in outbreak control
• Buckinghamshire Council Safety Advisory Groups – meetings with event organisers to discuss event safety management and to highlight issues of particular concern, as well as meeting statutory requirements for designated sports grounds
• Thames Water Utilities, Anglian Water and Affinity Water – meetings to discuss current developments in water quality and monitoring and to develop closer links between organisations
• the team also has links with other council services, such as Licensing, Planning, Building Control and Waste Management
• officers will also work and exchange information with other enforcement agencies such as HMRC and Thames Valley Police
• participate in and contribute towards public health initiatives such as childhood obesity, smoking cessation and alcohol control

The value of safety promotions is recognised as an effective way of conveying safety information to both public and businesses and as a means of raising standards. Therefore, when resources permit, officers actively participate in a number of promotions. These include Food Safety Week, Health and Safety Week and other local promotions organised on an adhoc basis through the Liaison Groups.

The Food Hygiene Rating Scheme shows how well food businesses are complying with food hygiene law. The scheme applies to all caterers and retailers handling and preparing open food to the public. The food business is given a sticker to display that shows their food hygiene rating out of 5. The ratings are made publicly available on a national website so that customers can make informed choices about the places where they eat out and purchase food, and through this, to encourage businesses to improve hygiene standards. Businesses are encouraged to display their rating.