FOOD & SAFETY UNIT Enforcing food legislation
City of York Population - ~195, million visitors to York £443 million contribution to economy Greatest spend – food and drink Supports 22,000 + jobs York placed fifth in European good food destinations
City of York
Food & Safety Unit Food Safety Food Standards Animal Feed Public Health Health and Safety
Premises 1,900+ food premises Mostly catering premises History as chocolate city
Staff
Planning interventions
Interventions Official controls inspections monitoring surveillance verification audit; and sampling Not official controls education, advice and coaching information and intelligence gathering
Inspections Preparation Clothing/equipment Review of the information held on the premises On site Explain purpose of inspection Establish if any changes Identify all food related activities Question appropriate staff
Inspections (2) Areas covered Assess risk of not meeting food hygiene requirements Assess hazards and if controlled Is food handled and produced hygienically? Assess and verify HACCP
Post inspection Report of inspection Cover contraventions Split legal requirements/ recommendations Follow up – various approaches
Approach to enforcement Food Law Enforcement Policy History of the premises Attitude of the business Seriousness of the offences Reasonable, proportionate, risk based and consistent. Graduated and educative
Securing compliance Informal approaches education coaching giving advice
Securing compliance Formal approaches Hygiene Improvement Notice Emergency Prohibitions Seize or detain food Remedial Action Notices
Hygiene Improvement Notice proportionate to the public health risk record of non-compliance informal approach won’t be successful
Emergency Prohibition Notice Use where there is a health risk condition
Emergency Prohibition Notice Immediately close premises, use of equipment or process/treatment. Apply to Magistrates’ Court to issue an order FBO can request lifting of an order - issue certificate HRC removed; or - explain what HRC still exists Also prohibit FBO from running food business
Prosecution Factors for prosecution seriousness of the offence prevalence of the type of offence history of premises Factors against nominal penalty genuine mistake
Prosecution – outcomes Magistrate’s court fine – max £5,000 per offence prohibition order Crown court unlimited fine imprisonment
Example case
Outcome of court case Business £1000 unfit food £500 other offences £ legal costs Owner £100 per offence £600 legal costs
...and some bad publicity!
Quality control BS 9001 accredited service Inter authority audits External audits from certifying body Annual report to Chief EHOs
FSA involvement Local Authority Enforcement Monitoring
FSA involvement Local Authority Enforcement Monitoring system Audit local authorities Issue guidance on the back of audit findings
FSA involvement Local Authority Enforcement Monitoring Audit local authorities
FSA involvement Local Authority Enforcement Monitoring Audit local authorities Issue guidance on audit findings
Food Hygiene Rating Schemes Rating based hygiene standards Improved transparency Easy to access information Encourages businesses to improve Media interest
Broadly compliant premises Shift from input to outcomes Tackling the worst premises National performance indicator Prioritised inspections Revisits – coaching/advice/encouragement Graduated and educative approach (CoP)
Future issues