Food Safety

Food Control - What's that?

• 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.
• Food businesses need to be registered and certain types of producers (e.g. meat & dairy) may require approval or licensing.   Click here for food registration form  (23.12 KB)
• 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.
• 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 deemed unsafe is either seized or voluntarily surrendered by the owner. If seized and condemned as unsafe by J.P. then prosecution is likely; if an offence is committed then court may agree to a Prohibition Order on equipment, process, premises or person.
• 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.

The proprietor of every food business is responsible for ensuring that their business complies with the relevant legislation and is registered if necessary.

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 doesn't mislead the customer. These inspections enforce the Food Safety Act 1990 and the Regulations made under it.

Officers from the Commercial Team will 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.

What is a Risk Assessment?
Any one 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 emphasize 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.

If you would like further assistance relating to Food Safety, please contact Customer Services:

Get In Touch - Contact Customer Services

See also: Food Hygiene Training