Introduction

The Food Safety Act and Regulations made under it aim to make sure all food offered to the public is safe to eat. The information below explains the role of environmental health officers and food safety officers in helping you to produce safe food and to meet your other responsibilities. This is based on Department of Health guidance and is not intended as a complete statement of the law.

Purpose of food hygiene inspections

The primary responsibility for controlling food safety rests with the proprietor of the food business, however, environmental health officers inspect all types of food businesses to:

• Check to make sure food is being handled and produced hygienically
• Check to make sure food is safe to eat
• Identify any foreseeable risks of food poisoning or injury which might arise if the food is eaten

The objectives of the inspection include:

• Determination of the business activities and the law that applies to the business 
• Gathering and recording information from observations and discussions with the people involved
• Identifying the potential hazards and risk to the health of the public
• Checking the effectiveness of the controls to make the food safe
• Assessment of the management systems operated by the business
• Identifying the contraventions of food safety law
• Consideration of the appropriate enforcement action to make sure food businesses comply with the law

When will my business be inspected?

We usually carry out inspections WITHOUT prior notification at any reasonable time when your business is likely to be operating (including evenings and weekends, if appropriate). Inspections are prioritised according to the degree of potential risk as determined, by a risk rating system set out in a national Code of Practice issued by the Food Standards Agency. How often we inspect your business will depend on the nature of your business and your previous hygiene record. Those premises in the highest risk category can expect a visit at least every six months, medium risk businesses every 12 to 18 months, and the lowest risk businesses may simply have to complete a questionnaire.

We may also visit you as part of our food sampling programme or as a result of a complaint from a member of the public.

Who will inspect your business?

Environmental health officers and food safety officers have the right to enter and inspect food premises at all reasonable hours. They do not have to make an appointment and they will usually come without advance notice. They carry out routine inspections and may also visit as a result of a complaint. How often routine inspections happen depends on the potential risk posed by the type of business and its previous record. Some premises may be inspected at least every six months, others much less often.

Inspectors will look at the way you operate your business to identify potential hazards and to make sure it complies with the law. They will discuss any problems with you and advise on possible solutions.

 
What you should expect from Denbighshire’s Food Safety Team?

• a courteous manner;
• to be shown identification;
• to have feedback from inspections, i.e. information about hazards found and guidance on how they could have been avoided;
• a clear distinction between what the officer recommends is done (as good practice), and what must be done to comply with the law;
• to be given the reasons in writing for any actions you are asked to take;
• where there is an apparent breach of law, a statement of what that law is;
• reasonable time to meet statutory requirements, except where there is an immediate risk to public health; to be told the procedures for appealing against local authority action

What will happen after the inspection?

Immediately after inspecting your premises, the officer will want to discuss his or her findings with you. If you need to make some improvements the officer will explain what you need to do to comply with the law and what would simply be recommendations for good practice. This is the best time to ask questions regarding findings or any technical questions or queries you might have. The officer will also discuss with you the time scales within which any necessary improvements should be completed.

The options open to officers after an inspection varies depending on the conditions found. The most common outcome is either a premises inspection report which is completed by the officer and left with you at the time of the inspection or an inspection report letter which will be sent to you shortly after the inspection. The legal requirements and recommendations will be clearly identified. If there are any queries regarding what is being asked of you, it is important to contact the officer who issued the letter in the first instance.

Do the public have the right to see a copy of my food hygiene inspection report?

Yes, subject to the Data Protection Act, copies of inspection reports and enforcement notices will be divulged to members of the public, since individual rights of access to information were introduced in January 2005 under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004.

What further action can officers take?

A revisit may also be necessary after the inspection report has been issued. This enables an officer to be certain that works have been completed satisfactorily, or are in hand. If there are likely to be any problems with completing the improvements within the time given, you should contact the officer as soon as possible in order to discuss these problems.

Where practices or conditions are not satisfactory, every attempt will be made to resolve the situation by informal means, but where poor conditions persist, or where there is a risk to public health it may be necessary to resort to formal enforcement action.

Enforcement action can include taking photographs, inspecting records, seizing or detaining suspect foods, collecting evidence, including food samples and interviewing relevant persons, if necessary under caution. In certain circumstances, officers may have the power to serve formal legal notices, called Hygiene Improvement Notices, requiring works to be carried out within a stated time period. In more serious cases an officer may recommend prosecution and in rare cases where there is an imminent risk to consumers' health, officers can serve a Hygiene Emergency Prohibition Notice which requires immediate closure of a premises, process or equipment.

It should finally be remembered that we are ready to help and advise; closer partnerships between food businesses and local authorities means better public protection.