Food Safety

Food Safety Officers within the Commercial Services team aim to ensure that food and drink products sold in the Malvern Hills District are safe to eat and drink

All food premises are inspected regularly under the Food Safety Act 1990 and various regulations

Inspection frequency is determined from the Department of Health codes of practice, based on the level of risk.

Owners of food businesses need to  register with Environmental Health.  Certain types of producers (e.g. meat & dairy) may require approval or licensing.   .

Officers have the right to enter any food business to inspect it or investigate food complaints, checking whether there is compliance. Officers may also take samples, photographs and evidence to help in determining the level of compliance and the action to be taken.

We investigate complaints relating to food such as

  • Food that is unfit to eat or contaminated
  • Poor food hygiene at businesses handling food
  • Illness that may have been caused by food

The individual officer decides the appropriate course of action, this may be guidance or advice, which can be verbal or confirmed in writing.

Where the breach is more serious an Improvement Notice may be served telling the duty holder to do something to comply with the law. This notice has to say what needs to be done, why and by when.

If the Officer is of the opinion that there is an imminent risk to health (e.g. serious pest infection), an Emergency Prohibition Notice can be served (equipment, process or premises which immediately stops the activity only allowing it to resume once remedial action has been taken.

In some cases the Officer may also consider it necessary to initiate a prosecution and the legislation gives the Courts considerable scope for punishing offenders and deterring others.

Food Complaints are investigated from consumers and food alert warnings issued by the Food Standards Agency are responded to.

Food Business Safety Regulations

Food businesses are required by law to operate in safe hygienic conditions to prevent food poisoning. There are  regulations which are very important to food hygiene:

  • The Food Hygiene(England) Regulations 2006
  • The Official Feed and Food Controls (England) Regulations 2005
  • The EU Food Hygiene Regulations - 852/2004, 853/2004, 854/2004

They apply to all types of food and food businesses, but do not cover primary production or food prepared in the home for domestic purposes. The regulations also cover some non-commercial activities such as charity fundraising events.

Some businesses however, such as manufacturers of products of animal origin, dairies or butchers, need to follow more specific regulations.

The Regulations set out basic hygiene requirements and controls for all aspects of the business including the premises, facilities and staff.

Owners of food premises are required to register with Environmental Health. For details about this please visit our Register of Food Premises page.

What about Food Business Safety Inspections?

Businesses which produce or prepare food for the public are inspected to make sure that the food is safe to eat and the description of the food does not mislead the customer. These inspections enforce the Food Safety Act 1990 and the Regulations made under it.

Officers from the Commercial Team will go to inspect premises to check on food safety and hygiene. This may be a routine inspection or to investigate a complaint.

How often the inspectors routinely inspect businesses depends on the type of business and its previous record. Some might be inspected every six months and others less frequently. Officers have the right to enter and inspect food premises at all reasonable hours and do not have to make an appointment. Officers will look at how the business is operated and make sure the law is being followed. A report of their inspection will be given to the proprietor and if it is necessary Officers can take 'enforcement action' to protect the public.

Various enforcement options are available including improvement notices, seizing suspect foods, emergency prohibition notices and recommending prosecution.

Food deemed unsafe is either seized or voluntarily surrendered by the owner. If seized and condemned as unsafe by the Magistrate Court then prosecution is likely; if an offence is committed then the Court may agree to a Prohibition Order on equipment, process, premises or person.

What is a Risk Assessment?

Anyone who sells or processes food and is covered by the Food Safety (General Food Hygiene) Regulations 1995 has to make sure that they carry out their operations safely and hygienically.

The Regulations emphasise the need to control risks. They say that businesses must identify all steps in the activities that are critical to food safety and ensure adequate safety controls are in place, maintained and reviewed.

Controls do not have to be complex but they must ensure hazards are identified and controls put in place. The focus on prevention and the control of practices and procedures has a proven record of providing sound consumer protection.

Publication of information on Food Premises inspections

Local authorities have a duty to inspect food businesses in their areas to ensure that food hygiene standards are maintained. The Freedom of Information Act 2000 has introduced a requirement for local authorities to provide inspection information to the public on request.

‘Scores on doors’ is a scheme whereby the hygiene ratings of food businesses given by inspectors are presented to the public. The aim of the proposed ‘scores on doors’ scheme is:

  • To ensure that those food businesses achieving consistently high standards of food hygiene are publicly recognised.
  • To provide consumers with a user-friendly way to access the information they need to make informed choices about where to eat in the area.
  • To encourage food businesses where deficiencies are found to improve their standards of food hygiene leading to greater food safety.

Our scheme was launched on 28th January 2008. See full details here.

If you have any queries on the scheme please contact us by email as below or on 01684 862151

 

Starting A Food Business

If you have a food business or are thinking of starting one up visit our Starting a food business pages or if you wish to talk to a food safety officer for advice, please call 01684 862151 during office hours.

 

Farm Shops

If you own a farm shop please see our information for Farm Shops from Worcestershire Trading Standards  (42.23 KB)

 

Useful Guidance

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This page was last reviewed 11 August 2010 at 16:29 by Maureen Eaton.
The page is next due for review 7 February 2011.
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Malvern Hills District Council, Council House, Avenue Road, Malvern, WR14 3AF - Directions to Council Offices.