There are approximately 2000 registered food business in the Borough of Bournemouth.
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 does not mislead the customer
And ultimately that the premises complies with the law
(The Food Hygiene (England) Regulations and relevant EC Regulations)
Who inspects food businesses in Bournemouth?
Environmental Health Officers inspect food businesses for food hygiene and food safety matters
Trading Standard Officers look at food standards such as composition (what the food contains) and labelling
How often are businesses 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 and its previous record. Some premises might be inspected at least every 6 months, others much less often.
Environmental Health Officers and Trading Standards Officers have the right to enter and inspect food businesses 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 the 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.
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 the inspection. This means they will tell you about any hazards they have identified and advise you about how they can be avoided.
If inspectors advise you of something they must 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 the law, they must tell you what the law is.
The inspectors must give you reasonable 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.
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What further action can the inspectors take?
When they think it is 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 ‘hygiene improvement notice’, if you are breaking the law, which sets out certain things that you must do to comply
Detain or seize suspect food
Serve an ‘hygiene emergency prohibition notice’, which forbids the use of premises or equipment (this notice must be confirmed by the court)
Recommend 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 further fine or imprisonment.
How can I appeal?
The local authority has a formal procedure for complaints about the service. So if you do not agree with the action taken by an inspector, you should contact the head of environmental health or trading standards at the authority 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.
If you think your local authority is applying the law in a different way from other local authorities, you can seek advice from the Local Authorities Coordinators of Regulatory Services (LACORS).
Appeals about hygiene improvement notices, or a decision not to lift a hygiene emergency prohibition order can be made to the magistrate’s court. A ban on an individual can only be lifted by the court.
When inspectors impose an emergency prohibition notice they must apply for confirmation of the notice in a specified time.
Food that has been seized by an inspector can only be condemned as unfit for human consumption by the Justice of Peace.
For further information and advice please contact us.
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