Food Business Inspections

Why are food businesses inspected?

Businesses that produce or prepare food for the public are inspected to make sure that:
- the food is safe to eat
- the description of the food doesn't mislead the customer.

These inspections enforce the Food Safety Act 1990 and the regulations made under it.  These include the Food Safety (General Food Hygiene) Regulations 1995, the Food Safety (Temperature Control) Regulations 1995, the Food Premises (Registration) Regulations 1991 The Food safety (General Food Hygiene) (Butchers' Shops) Amendment Regulations 2000, which can be viewed on the Her Majesty's Stationary Office (HMSO) web site at http://www.hmso.gov.uk.

Who will inspect my business?

Environmental Health Officers from Hastings Borough Council will regularly come to inspect your business to check on food safety and hygiene standards, East Sussex County Council Trading Standards Officers look at food standards such as composition (what food contains) and labelling.

When will my business be inspected?

The inspectors might come on a routine inspection, or they might visit because of a complaint.  How often the inspectors routinely inspect your business depends on the type of business and its previous record.  Some premises might be inspected at least every six months, others much less often.

Environmental Health Officers and Trading Standards Officers have the right to enter and inspect food premises at all reasonable hours.  They do not have to make an appointment and will usually come without notice.

What will the inspectors do when they visit?

The inspectors will look at how you operate your business to identify potential hazards, and to make sure that your business is following the law.

When inspectors visit, they must follow the Food Standards Agency's Framework Agreement on Local Authority Food Law Enforcement, and relevant Food Safety Act Codes of Practice.  The Framework Agreement sets standards for how Local Authorities carry out their enforcement duties.  You can read it on the Food Standards Agency website at www.food.gov.uk.

You can expect the inspectors to show you identification when they arrive and be polite throughout the visit.  They should always give you feedback on an inspection.  This means they will tell you about any hazards or contraventions that they have identified and advise you about how they can be avoided or remedied.

If inspectors advise you to do something, they will tell you whether you need to do it to comply with the law, or whether it would simply be good practice.

If you are asked to take any action as a result of the inspection, you must be given the reasons in writing.  If the inspectors decide that you are breaking a law, they must tell you what that law is.

The inspectors should give you a reasonable amount of time to make changes, except where there is an immediate risk to public health.  They must also tell you how you can appeal against their actions (see 'How can I appeal?' below).

What action can the inspectors take?

When necessary, inspectors can take enforcement action, to protect the public.  For example, they can:
- take samples and photographs of food, and inspect your records
- write to you informally, asking you to put right any problems
- serve you with an improvement notice if you are breaking the law, which sets out certain things that you must do to comply
- detain or seize suspect foods
- serve an emergency prohibition notice, which forbids the use of premises or equipment (this notice must be confirmed by a court)
- recommend a prosecution, in serious cases.

If a prosecution is successful, the court may prohibit you from using certain processes, premises or equipment, or you could be banned from managing a food business.  It could also lead to a fine or imprisonment.

How can I appeal?

Hastings Council has a formal procedure to deal with complaints about its service.  So if you don't agree with action taken by an inspector, you should contact the Council or East Sussex Trading Standards Services to see if the problem can be resolved through talking or writing letters.  If you still disagree after that, you could approach your local councillor.

You can appeal to the Magistrates' Court about an improvement notice, or your local authority's decision not to lift an emergency prohibition order.  When there is a ban on an individual, this can only be lifted by the court.

When inspectors impose an emergency prohibition notice on premises, a process, or a piece of equipment, they must apply to the court for confirmation within a specified period of time.  Food that has been seized by an inspector can only be condemned as unfit for human consumption on the authority of a Justice of the Peace.  You can attend the court hearing if you want to.  If the court decides that premises have been shut without proper reason, or food has been wrongly seized or detained, you have a right to compensation.

Where can I get advice to help me understand and follow food laws?

Hastings Borough Council can advise you about food hygiene.

East Sussex Trading Standards can advise you about food standards:
Address:  East Sussex Trading Standards, St Mary's House, 52 St Leonards Road, Eastbourne BN21 3UU
e-Mail:  trading.standards@Eastsussexcc.gov.uk.

Specific Industry Guides to Good Hygiene Practice are available at a cost of only £3.60 each and can be obtained from: Chadwick House Group Limited, Publications Department, Chadwick Court, 15 Hatfields, London SE1 8DJ telephone order on 020 7827 6006

Trade associations and independent consultancy services might also be able to help.

You can visit the Food Standards Agency website at www.food.gov.uk for more information about food law and good practice.

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