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THE LAW
Environmental Health Officers and other enforcing authority officers e.g. Trading Standards, Fire Officer can demand entry to premises carrying out business functions at all reasonable times and without any prior warning or notification. Refusing entry to an authorised officer is an offence and carries a fine if prosecuted.
At all reasonable times means whenever it is reasonable for the business. If the business operates 24/7 then an inspection at any time, day or night, would be reasonable. Weekends, evenings and nights would be reasonable if the business trades at these times.
Officers have powers to inspect premises under Food Safety, Health & Safety, Fire Safety, Consumer Protection and Environmental Protection legislation. In certain circumstances they may demand entry under Housing legislation. And of course, there is the Licensing Act 2003.
EXPERT ADVICE
An EHO, Trading Standards or Fire Officer can arrive to inspect premises without notice. So, it is best to be prepared with a plan of action should they do so.
The most important action is to have someone deal with them who knows the business, is familiar with practices and procedures and who carries an air of ‘authority’. If the EHO can receive credible answers to his/her questions then they may be satisfied that as a business, you are aware of your responsibilities and are trying to carry them out diligently, even if things are not perfect.
Understand some of the critical things an EHO in particular wants to see – they are there after all to ensure that you are complying with the law.
FOOD SAFETY & HYGIENE
Have up to date, readily available documentation for the following:
1. HACCP System
2. Temperature control records
3. Fridge/freezer temperature checks
4. Hot food temperature checks
5. Stock control systems i.e. day dots, use-by-dates etc
6. Cleaning schedules
7. Staff training records
8. Delivery checks
If records are not up to date, explain why - perhaps you’ve been short staffed. Doing something is better than doing nothing.
HEALTH & SAFETY
Have the following readily available:
1. Company Health & Safety Policy Statement
2. Company Health & Safety Manual
3. Risk Assessments
4. COSHH Assessments
5. Training records
6. Accident book/records
7. Internal safety checks
8. Maintenance records for equipment e.g. lifts, electrical appliances
WHAT TO DO DURING THE INSPECTION
Accompany the inspector during their inspection. Ask what they are writing in their notebook, what they think is not good enough and how they would like to see it improved. Ask whether they will be writing to you informally or formally. Don’t argue about a point but explain your position. Make notes for yourself about what you see. Inform higher management if necessary.
The EHO can:
· Take photos
· Check documents
· Seize documents, products, articles or items
· Take samples
Make sure you have exact details of what they have and why they want them.
WHAT ACTION COULD THE EHO TAKE?
The EHO could:
· Give you informal, verbal advice.
· Leave you with an inspection report.
· Write to you informally.
· Serve you with legal Notices.
· Prosecute for offences noted.
We’ll cover the critical things that the Fire Officer, Licensing Officer and possibly the newly created “smoke police” will want to see in subsequent articles. But if you are concerned, give us a call or send an e-mail.
QUESTIONS AND ANSWERS
What is meant by a due diligence defence in relation to food safety?
It is possible for a person to be charged with an offence under the Food Safety Act 1990 to use a defence referred to as ‘due diligence’. However, the person charged has to prove that they took all reasonable precautions and exercised all due diligence to avoid commission of the offence by themselves or by a person under their control.
Due diligence will include the following:
· Precautions and checks dependent on the risks involved in each case
· Written instructions to staff and records kept of precautions taken and checks made
· Adequate training of all staff, properly recorded
· Understanding by each member of staff of his/her duties and responsibilities
· A system for recording and acting on customer complaints
· Changing the checking and recording procedures to take account of new circumstances
Is there any specific guidance for cooking with microwaves?
When you cook food using a microwave, or by any other method, the most important thing is to make sure that food is cooked thoroughly, to destroy any food poisoning bacteria that may be present.
When cooking or reheating meals in your microwave, follow the guidelines on the packaging, including any advice about stirring the food or leaving it to stand. If microwave-cooking guidelines are not provided, you should consult the microwave manufacturer’s instructions.
Remember, when you’re reheating food you need to make sure it’s piping hot all the way through. Don’t reheat it more than once.
What are the rules for labelling foods that contain GM ingredients?
A food that contains or consists of genetically modified (GM) ingredients must say so on the label. However, labelling isn’t required for:
· Small amounts of genetically modified (GM) ingredients that are accidentally present in non-GM food (below 0.9% for GM crop varieties that have been approved for sale and 0.5% for GM varieties that have received a favourable assessment from a European Commission scientific committee but have not yet been formally approved).
· Food from animals, such as meat, milk, eggs that have been given GM feed
· Food produced with help from a GM processing aid, such as chymosin, which is used to make some hard cheeses
Some food manufacturers are labelling their food as ‘GM free’. However, there is no legally agreed definition in Europe of what this term means. Any food on sale labelled ‘GM free’ is subject to the general requirements of food law, in particular the Food Safety Act 1990. This Act makes it an offence to describe, by way of labelling or advertising, a food falsely, or in a way likely to mislead as to its nature, substance or quality.
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