Yes, the Food Standards Agency (FSA) can, after consulting the Secretary of State, give a Competent Authority a direction requiring them to take any specified steps in order to comply with the Food Law Code of Practice.
In order to ascertain whether there is, in those establishments, any evidence of contraventions of provisions of the Food Hygiene (Wales) Regulations, or of the Food Safety Act or regulations or orders made under it within their own Food Authority's area.
Yes, an authorised officer exercising his/her powers of entry in another food authority area may take samples of food in accordance with the powers of entry set out in the Food Hygiene (Scotland) Regulations and the Food Safety Act.
The FSA has not specified whether primary production inspections are undertaken at District or County level. However, it is anticipated that most of this work will be undertaken at County level by Officers.
The scheme gives businesses the right to form a statutory partnership with one Competent Authority, which then provides robust and reliable advice for other Competent Authorities to take into account when carrying out inspections or dealing with non-compliance.
Environmental Health Officers who:
• have two years’ post qualification experience in food safety matters;
• are currently involved in food law enforcement; and
• are properly trained, competent and duly authorised;
NB: Extension of the criteria for authorisation will be considered at the next review of the Code based on evaluation of a trial to extend authorisation to holders of the SFSORB Higher Certificate in Food Premises Inspection. Details of this trial are set out in section 1.1.3 of the Practice Guidance
The three categories of Food Hazards are:
A. localised food hazard – one in which food is not distributed beyond the boundaries of the competent authority and is not deemed to be a serious localised food hazard; should be dealt with locally by the competent authority, in conjunction with other relevant agencies and need not to be reported to FSA.
"Food crime" means serious dishonesty which has a detrimental impact on the safety or the authenticity of food, drink or animal feed.
Competent Authorities must notify the FSA as soon as they become aware of a:
The three categories of Trans-border matters are:
No but food Authorities may choose to confirm safe receipt of registration forms and the entry of an establishment on to the list of registered food business establishments. Any such confirmation should remind the food business operator to advise the Food Authority of any subsequent changes to the business, in accordance with Article 6(2) of Regulation 852/2004 (see Section 1.5.7).
The assessment should include the following:
• the nature of the hazard;
• the toxicity of the contaminant, the allergenicity of an undeclared ingredient/constituent, or the virulence and pathogenicity of the organism;
• the type of injury which might be caused by a physical contaminant;
• the population likely to be affected and its vulnerability;
• the likely quantity and distribution of the food in the food chain up to the point of consumption;
• the ability and willingness of the producer or distributor to implement an effective withdrawal of the product;
• the ability to identify accurately the affected batch(es) or lot(s);
• the accuracy and extent of records held by the producer or distributor;
• the likely effectiveness of any trade withdrawal at all stages of the food chain;
• the stage(s) at which the fault is likely to have occurred (for example in processing, packaging, handling, storage or distribution) and its likely significance to the problem;
• whether other products produced in the same establishment may have been affected;
• whether the food has been imported;
• whether any of the food has been exported;
• whether there are wider implications for others in the same industry or for establishments using similar processes in other food industries; and
• the possibility that the complaint or problem has been caused by a malicious act (see Section 1.7.5).
When a Food Authority becomes aware of a food hazard it should take action to protect public health and safety at the earliest opportunity, including, if necessary, detaining or seizing the food concerned if it is located within the Food Authority’s area (see Chapter 3.4). Food Authorities should also consider the use of other powers under the Food Hygiene (England, Wales or Scotland) Regulations 2006 or the Food Safety Act 1990 as appropriate, relevant to the circumstances involved.