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Ensuring Food Safety
A Summary of the Food Safety Enforcement Policy
Introduction
In order to achieve uniformity in the approach and attitude of local authorities to the enforcement of food safety laws they are required to produce a documented Enforcement Policy. This policy is reviewed periodically in response to new legislation, Government guidance etc. and specifies the authority’s objectives in relation to food law enforcement. The policy encompasses the principles of fair, practical and consistent enforcement as set out in the Government’s Concordat on Improving the Quality of Enforcement.
Procedure
North Hertfordshire District Council recognises the importance of achieving and maintaining consistency in their approach to making decisions which concern food safety enforcement action. In order to achieve this it is important that the guidance in statutory Codes of Practice and from the Food Standards Agency etc. is followed.
This Authority will seek to ensure that enforcement decisions are always consistent, balanced, fair and relate to common standards that ensure that the public is adequately protected. Any enforcement decisions will be based on an assessment of risk to the public health, the seriousness of the offence, the enterprises' past history, confidence in management, the consequences of non-compliance and the likely effectiveness of the various enforcement options.
The choices for action are: -
- to take no action.
- to take informal action.
- to use statutory notices.
- to use cautions.
- to prosecute.
- to use a combination of the above.
Compliance is normally achieved through letters and advice, only in the more serious instances is formal action through the service of notices considered.
Prosecution is reserved for the most serious offences which either result or could have resulted in serious risk to public health or which represent blatant disregard by employers, employees or others of their responsibilities under food safety legislation. The decision to instigate a prosecution will be made in consultation with the Solicitor to the Council.
Competencies and Authorisation
North Hertfordshire District Council will ensure that Environmental Health Officers and Technical Officers carrying out inspections and other enforcement actions are qualified and possess experience in a variety of food enforcement situations which would allow him/her to undertake the duties for which he/she has been authorised.
Authorisation of food enforcement officers is by virtue of Committee Minute 292 (8 October 1992).
