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Unrestricted TO: EXECUTIVE MEMBER FOR CULTURE, CORPORATE SERVICES & PUBLIC PROTECTION 9 JULY 2013 _________________________________________________________________________ FOOD LAW ENFORCEMENT PLAN 2013-2014 Chief Officer: Environment and Public Protection 1 PURPOSE OF REPORT 1.1 To approve the draft plan for Food Law Enforcement 2013-14 for the purposes of consultation prior to its adoption. The Plan addresses all matters relating to food hygiene, food standards and the sale of animal foodstuff. 2 RECOMMENDATIONS 2.1 That the Executive Member adopts the Food Law Enforcement Plan as set out in Annex A for 2013/2014 , agrees to its publication on the Council website for a 3 month consultation and notes the Performance Outturn report as set out in Annex B and, 2.2 That the Chief Officer: Environment and Public Protection be authorised in consultation with the Executive Member to finalise the Plan and make any in- year minor amendments having regard to any comments received. 3 REASONS FOR RECOMMENDATIONS 3.1 To comply with the statutory requirement under the Food Standards Act 1999 to ensure that national priorities and standards are delivered effectively and consistently at a local level. Annex A sets out the proposed Work Plan for 2013-2014. 4 ALTERNATIVE OPTIONS CONSIDERED 4.1 The production of an annual plan is a legal requirement. 5 SUPPORTING INFORMATION 5.1 The purpose of the plan is to meet the legal obligation and reassure members that key needs are being met. From April 2012 regulatory services were combined under one manager. The impact and potential benefits arising from the reorganisation have not yet been fully realised. Work continues to draw these out but it takes time to address training and other needs to ensure staff competency levels are assured. 5.2 The Plan has been produced in a simplified format reflecting comments previously received. Annex A contains information on the annual work plan for 2013-14 and sets out the proposal for delivery. Annex B shows the outcome of previous years' activity. The format is intended to make it easier to read and update. The Plan reflects a refocusing of priorities identified by the Food Standards Agency and has been populated with targets and initiatives under 3 main headings i.e. (i) Protecting Consumers and Supporting Businesses, (ii) Project Working and (iii) Performance Management. 5.3 Food law enforcement is a function of the Environmental Health and Trading Standards professional officer disciplines in combination. The Borough currently has over 1,225 food premises where it is responsible for ensuring compliance with the

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Page 1: FOOD LAW ENFORCEMENT PLAN 2013-2014 Chief Officer ...democratic.bracknell-forest.gov.uk/documents/s65594... · received. Annex A contains information on the annual work plan for 2013-14

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TO: EXECUTIVE MEMBER FOR CULTURE, CORPORATE SERVICES & PUBLIC PROTECTION 9 JULY 2013

_________________________________________________________________________

FOOD LAW ENFORCEMENT PLAN 2013-2014 Chief Officer: Environment and Public Protection

1 PURPOSE OF REPORT 1.1 To approve the draft plan for Food Law Enforcement 2013-14 for the purposes of

consultation prior to its adoption. The Plan addresses all matters relating to food hygiene, food standards and the sale of animal foodstuff.

2 RECOMMENDATIONS 2.1 That the Executive Member adopts the Food Law Enforcement Plan as set out

in Annex A for 2013/2014 , agrees to its publication on the Council website for a 3 month consultation and notes the Performance Outturn report as set out in Annex B and,

2.2 That the Chief Officer: Environment and Public Protection be authorised in

consultation with the Executive Member to finalise the Plan and make any in-year minor amendments having regard to any comments received.

3 REASONS FOR RECOMMENDATIONS 3.1 To comply with the statutory requirement under the Food Standards Act 1999 to

ensure that national priorities and standards are delivered effectively and consistently at a local level. Annex A sets out the proposed Work Plan for 2013-2014.

4 ALTERNATIVE OPTIONS CONSIDERED 4.1 The production of an annual plan is a legal requirement. 5 SUPPORTING INFORMATION 5.1 The purpose of the plan is to meet the legal obligation and reassure members that

key needs are being met. From April 2012 regulatory services were combined under one manager. The impact and potential benefits arising from the reorganisation have not yet been fully realised. Work continues to draw these out but it takes time to address training and other needs to ensure staff competency levels are assured.

5.2 The Plan has been produced in a simplified format reflecting comments previously

received. Annex A contains information on the annual work plan for 2013-14 and sets out the proposal for delivery. Annex B shows the outcome of previous years' activity. The format is intended to make it easier to read and update. The Plan reflects a refocusing of priorities identified by the Food Standards Agency and has been populated with targets and initiatives under 3 main headings i.e. (i) Protecting Consumers and Supporting Businesses, (ii) Project Working and (iii) Performance Management.

5.3 Food law enforcement is a function of the Environmental Health and Trading

Standards professional officer disciplines in combination. The Borough currently has over 1,225 food premises where it is responsible for ensuring compliance with the

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Food Safety Act 1990, the European Communities Act 1972 and associated Regulations. A risk rating is allocated to all food premises in accordance with Statutory Codes of Practice. All relevant premises are inspected according to their risk. Doing so meets the requirement of the Food Standard Agency's 5 year minimum inspection programme. Some of the Borough's premises are deemed very low risk and therefore are not subject to routine inspection. In such instances alternative strategies are deployed such as the provision of information and advice through the use of newsletters, mail shots and seminars. Resources have been reduced over the years to reflect this change in national standards. The programme for food hygiene and food standards for 2013-14 is shown in Annex A attached to this report.

5.4 Progress against the Plan is monitored by officers monthly and quarterly progress

reported to Members in the Quarterly Service Report. The Plan is also underpinned by written procedures to ensure effective service delivery. The Council’s performance against this Plan is subject to independent external audit. Failure to deliver could result in intervention measures.

5.5 The Plan seeks to protect the public’s health whilst also ensuring an equitable trading

environment in support of the local business economy. 6 ADVICE RECEIVED FROM STATUTORY AND OTHER OFFICERS Borough Solicitor 6.1 The relevant legal provisions are contained within the main body of the report.

Borough Treasurer

6.2 The Borough Treasurer is satisfied that no significant additional financial implications arise from this report.

Equalities Impact Assessment

6.3 The Plan targets premises based on the history of risk and identified need. Where issues of equality may arise provision is made to help as necessary. The activity is regulatory and the current plan for 2013-2014 is covered by the overarching document entitled Enforcement Policy 2012 and Equalities Impact Assessment (Executive May 2012).

Strategic Risk Management Issues 6.4 By following and delivering the matters laid out within the 2013/14 Food Safety Plan

there are no strategic risk management issues relating to this report. Should the Council however fail to deliver a Food Safety service at this standard firstly the risk of unsafe food being made available for sale within the borough increases and secondly the Food Standards Agency may take over the delivery of the service and charge the Council for that action.

Other Officers 6.5 Not applicable.

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7 CONSULTATION Principal Groups Consulted 7.1 The nature of the Plan is such that it is a rolling Plan and therefore we consult with

stakeholders after its adoption. Any feedback is taken into account and helps inform the Plan’s future development.

Method of Consultation

7.2 The Plan will be published on the Council’s website. Representations Received None received following the consultation in 2012. Background Papers Food Law Enforcement Plan 2013-14 Framework Agreement on Local Authority Food Law Enforcement (2003 as amended) Contact for further information Robert Sexton, Head of Regulatory Services 01344 352580 [email protected]

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ANNEX A

FOOD LAW ENFORCEMENT PLAN 2013 – 2014

(INCLUDING 2012 - 2013 OUTTURN)

Regulatory Services Environment, Culture and Communities Department Bracknell Forest Council Time Square Market Street Bracknell RG12 9JD Tel: 01344 352000 Fax: 01344 351141 Email: [email protected]

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PART 1 – THE PLAN FOR 2013 - 2014

1. Introduction

Our Vision

The Food Law Enforcement Plan is designed to work within the Bracknell Forest Community Plan to help deliver the Council’s priorities. The Council’s vision is:

“To make Bracknell Forest a place where all people can thrive: living, learning

and working in a clean, safe and healthy environment”

Our Food Law Enforcement Plan aims to ensure a graduated approach based on risk to public health. It reaffirms our commitment to carry out our duties in an open, fair and consistent manner that protects the public and supports business and economic development.

We recognise that most businesses want to comply with the law; therefore we want to support and enable businesses to meet their legal duties without unnecessary expense. However, firm action, including prosecution, will be taken where appropriate in accordance with our Enforcement policy.

This Food Law Enforcement Plan sets out the actions we are taking to promote food safety for the benefit of local consumers and those who produce and sell food in our Borough.

The Council is responsible for food hygiene and standards under The Food Safety Act

1990, The European Communities Act 1972 and the associated Regulations. We advise on and enforce food safety in more than 1,225 food premises including restaurants, cafés, takeaways, public houses, shops and hotels. The Food Standards Agency (FSA) Framework Agreement shapes the work of all local authorities in relation to food safety and standards and the FSA audit local authorities on their food law enforcement activities.

Bracknell Forest Council’s Food Law Enforcement Plan contains details of:

• what we plan to do this year

• the work we have completed in the previous year

• how we intend to do it.

Our key priorities are to:

• promote food safety

• protect consumers from unsafe food

• work with and support local food businesses

• encourage awareness of healthy food choices.

2. The Plan in Context

Whilst this plan specifically deals with the forthcoming financial year of 2013-14, it takes place within the context of the wider agenda and the longer term view. The plan directly links the food law service areas with the identified Regulatory Service Priorities1.

1 Details of the Regulatory Service Priorities are provided on page 15

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Specific issues that have, and will continue, to impact on the direction of our work include:

a) Regulators Code The Government through the Department for Business Innovation and Skills has

recently released a statutory code entitled “Regulators Code” to replace the previous Regulators Compliance Code. The production of this Code is part of the Governments commitment to reduce regulatory burdens and support compliant business growth through the development of an open and constructive relationship between regulators and those they regulate.

Regulatory Services within Bracknell Forest already apply many of the principles contained within this code which comes in to force on the 1 April 2014. We will during this year review our present arrangements and procedures so that we will be fully compliant by the implementation date.

b) Public Health Agenda As part of the forthcoming changes to the way that Health services are provided

across England are significant changes to the delivery of Public Health. Previously Public Health was delivered by Primary Care Trusts, locally in the form of NHS Berkshire East, although we are currently in a transition period as the Public Health function came under the overall remit of Local Authorities in April 2013. At Bracknell our food hygiene and standards work contributes significantly to this agenda as we work to prevent illness, protect consumers and promote healthier lifestyles. Further details are available at:

http://www.local.gov.uk/web/guest/health/-/journal_content/56/10171/3541769/article-template

http://healthandcare.dh.gov.uk/vision-phe/ c) Reducing the Burden on Business There is a strong drive from Central Government to reduce the burden upon

business and not to undertake inspection or enforcement activities without a specific reason. As an enforcing authority we fully support this view. In relation to food matters the vast majority of our work is driven by the requirements of the Food Standards Agency and in comparison with some areas of work we have only limited opportunity to influence the scope of the work we undertake. Recent changes to the guidance issued by the FSA provides some opportunity to further focus resources towards those under performers, and in the forthcoming year we will be looking in detail at how we can make best use of this opportunity.

d) E coli and emerging risks In 2009 Professor Hugh Pennington published his report into the results of a public

enquiry into a large E coli outbreak in South Wales. In combination with previous outbreaks, this has led to a significant increase in focus on the control of this serious and potentially fatal organism. Key to its control is the implementation of strict procedures to prevent contamination of ready-to-eat foods and detailed guidance to control its spread was published in 2011. Since this time focus has continued and has become a key aspect of our inspection and sampling work. Further information is available at:

http://wales.gov.uk/ecoliinquiry/?lang=en http://www.food.gov.uk/business-industry/guidancenotes/hygguid/ecoliguide

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e) Food Fraud

Within the last year there was the “horsemeat scandal” and Regulatory Services were called upon to carry out sampling on behalf of the FSA. Samples taken within Bracknell Forest were not found to be contaminated however the issue was a timely reminder that fraud associated with food especially during a difficult economic period is an increasing occurrence. During 13/14 and onwards we together with our partners both nationally and regionally will prioritise this area and conduct sampling exercises aimed at verifying the source and authenticity of food products.

3. The National Context

The concept of Primary Authority was formalised under the Regulatory Enforcement and Sanctions Act 2008. Under this legally recognised scheme (overseen by the Better Regulation Delivery Office), any business operating across more than one Local Authority can form a formal partnership, effectively forming a focus for consistent advice.

The Better Regulation Delivery Office (BRDO) has additionally developed national Priority Regulatory Outcomes2, which provide a focus point for all of our regulatory work, including food safety and food standards. The food law plan directly links the food safety and food standards service areas with these Priority Outcomes.

It is the gateway to simpler, more successful local regulation. We are now offering Primary Authority partnerships to businesses wishing to take advantage of the scheme. We have signed partnerships with Waitrose Ltd and MCM Foods Select Ltd.

The impact of partnerships can be huge. A Primary Authority can issue advice to its partner business that applies throughout England & Wales regardless of where the outlets are based. Primary Authority gives business the confidence to expand and grow, knowing that the regulatory advice they receive is binding on other local authorities. The scheme builds on the foundation created by voluntary home and lead authority initiatives. The administration of Primary Authority is a statutory responsibility of the Better Regulation Delivery Office (BRDO), whose role is to register partnerships, issue guidance, approve inspection plans, and resolve disputes.

Current consultation on the scheme, if implemented will cause significant changes in the manner is which we interact with these businesses. The proposed changes include extending the scheme to franchises and trade associations and increasing the significance of inspections plans to require a local authority to give 5 days notice to a Primary Authority of any intention to diverge from the inspection plan. Accordingly it will become more important for officers to establish the existence and extent of inspection plans and their limits prior to inspection in order to prevent any possible enforcement action from being blocked. An extended list of legislation including Under Age Sales, gambling and sunbeds etc. will be incorporated into the Primary Authority scheme from October 2013.

2 The BDRO Priority Regulatory Outcomes are detailed on page 16

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4. The Food Team This work is carried out jointly by The Food Team made up of Officers from the

Commercial Team (Environmental Health) in relation to food hygiene and the Trading Standards Team in relation to food standards. To maximise our resources and provide a consistent and balanced approach, officers from both teams work closely to deliver an integrated service.

There are 1.5 full time equivalent qualified officers within Trading Standards and 3 full-time

equivalent officers within Environmental Health who perform food law enforcement. In total 9 officers are involved in issues relating to food safety enforcement as part of their day-to-day duties, consisting of:

• 2 x Team Managers

• 1 x Senior Environmental Health Officer

• 3 x Environmental Health Officers

• 1.5 x Trading Standards Officers

• 2 x Trading Standards Enforcement Officers The 5 officers in the Commercial Team spend 60% of their time on food hygiene related

matters. Within the Trading Standards Team 5 officers have been allocated to undertake food standards work accounting for approximately 30% of their time.

5. Departures from the Plan

Departures from the Food Law Enforcement Plan, reported through Departmental Management Team, will inevitably occur due to the reactive nature of some of the areas of work. However, departures will be kept to a minimum, capable of justification and be fully considered by the Head of Service before varying action is taken. Performance reports are presented as key performance indicators monthly and quarterly with comments where performance exceeds or fails to meet targets. This information will then be fed back into the development of other service plans.

6. Customer Feedback and Quality Monitoring Procedures are in place to scrutinise all the work that is undertaken by the Food Team.

Our quality monitoring includes detailed practice notes, checks on data entry and officer consistency. It is our aim to achieve the highest standard of service with the resources available. We continue to use National Indicator 184 (NI 184) to measure the level of premises achieving broad compliance in food hygiene. In 2012/13 the overall score for NI184 was over 94 percent of all food premises were broadly compliant with food hygiene legislation.

7. Benchmarking

We are members of the Trading Standards South East Limited (TSSEL) Benchmarking Group. This seeks to identify and develop good practice procedures to help enhance the quality and consistency of service provision. Where opportunities arise within this group for benchmarking activities during the year, we will aim to contribute.

We are also members of the Berkshire Food Liaison group with a key function of co-ordinating the food safety enforcement function towards a consistent approach across the county. Each authority is currently participating in a county wide inter authority audit

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running over a 3 year period. The audit process assesses compliance levels within each authority against the Food Standards Agency Food Law Enforcement Standard, which sets out the minimum standards of performance of their food law enforcement activities expected from local authorities. This auditing process has been developed through work the Food Standards Agency has carried out with The Local Better Regulation Office (LBRO) and other regulators on several initiatives aimed at improving regulatory services while maximising the effective use of local authority resources.

8. Staff Development

We aim to make full use of the skills that exist in the Food Team and to develop those skills through updates, shadowed working and internal and external training. A record of continuous development is maintained for all Officers.

9. Our Food Law Enforcement Plan

Details of our activities for 2013/2014 begin on page 13

10. Inspections and Other Interventions

In summary in 2013/14 we plan to:

• through officer visits provide advice to 488 food businesses and provide self-assessment questionnaires to 176 low-risk premises,

• Provide additional advice and coaching to the management and staff within 20 small to medium size businesses who have the lowest Food Hygiene Rating Scheme scores such that they can significantly improve their scores and deliver safer food

• Continue to support and deliver the Food Standards Agency Food Hygiene Rating Scheme,

• Extend our Primary Authority Partnership arrangements, which for food matters presently includes Waitrose and MCM Select Foods

• Take samples of food to check on its safety, description and integrity.

• Continue to promote and enhance the Catering for Health Award run in partnership with Berkshire Public Health,

• Work with other authorities within Berkshire and the South East on issues that cross local authority boundaries and affect Bracknell Forest residents.

• focus upon those areas where intelligence indicates that fraud maybe committed in the supply of food

We will base this work on:

• inspecting food premises on the basis of risk

• targeted sampling of food to ensure that it is safe to eat

• investigating complaints and concerns over food safety

• providing advice, information and training

• recognising and rewarding high standards of food safety through Award Schemes

• consulting our customers and seeking feedback on the quality of our service.

11. Food Sampling

In 2013-14 our surveys will look at:

Food Standards

• Fish species

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• Food supplements health claims

• Organic claims – organic contaminants

• Claims – free from

Food Hygiene

• Complex Food Equipment

• Production of Boiled Hams

• Production of Sandwiches

• Cleaning Cloths

• Soft Serve Ice Cream

• Rare and Undercooked Meats

• Soft Cheeses All of the forthcoming planned sampling activity has been identified by research and intelligence as areas of high risk and potential problems.

12. Training and Information

Education and information are an important part of our enforcement activity. We assist and support local businesses through the provision of a Level 2 Award in Food Safety in Catering training for food handlers. We aim to provide 6 courses in the current year, including 2 refresher courses and maintain the record 100% pass rate as in the previous year.

In addition we continue to utilise a system developed by the Food Standards Agency called ‘Safer Food Better Business’ (SFBB) to help small food business operators draw up food safety management systems specific to their own food activities. We aim to provide support to 20 businesses.

We aim to again be involved in both Food Safety Week and Food Awareness Week, the latter in conjunction with Public Health England Team. This year the focus is on domestic food safety, due to the continuing rise in food borne illnesses.

We aim to continue to provide advice and information through our website at: http://www.bracknell-forest.gov.uk/environment.htm

13. Food Hygiene Ratings Scheme and Catering for Health Scheme

Since November 2008 Bracknell Forest Council has published food hygiene ratings; previously under the Scores on the Doors scheme and now under the Food Standards Agency Food Hygiene Ratings Scheme. The website currently displays food hygiene ratings for all but 3 local authorities in England. The sites allow customers to choose where to eat based on the hygiene ratings of premises and can be view through the following link http://www.food.gov.uk/ratings

The Catering for Health Award Scheme continues to be received with appreciation by businesses. Food businesses are assessed for this award at routine inspections in partnership with the Public Health England Team. This ensures that the importance of healthy eating is encouraged and recognised. Details of the Award winners are published on the Council website. We aim to increase the number of award holders by 20, with a focus in 2013/14 on residential care homes, following on from our nutritional work in 12/13.

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This plan is reviewed every year and we welcome your comments and suggestions on how it could be improved further. If you would like further information or would like to speak to an officer for advice, please contact them via any of the following options:

Regulatory Services Environment, Culture & Communities Department Bracknell Forest Borough Council Time Square Market Street Bracknell, RG12 1JD Tel: 01344 352000

Fax: 01344 351141 Email: [email protected] Or look on our website at www.bracknell-forest.gov.uk/environment.htm

14. Availability of Officers

Officers can be contacted through our Customer Service Centre which is open from 8.30am - 5.00pm Monday to Friday. Officers are not office based and messages may well have to be left, or you can email them as above.

15. Other useful websites: Food Hygiene Rating Scheme (FHRS)

http://www.food.gov.uk/ratings

Food Standards Agency (FSA) http://www.foodstandards.gov.uk/ Safer Food, Better Business http://www.food.gov.uk/foodindustry/regulation/hygleg/hyglegresources/sfbb/ Department of Environment, Food & Rural Affairs (DEFRA) http://www.defra.gov.uk/ Foodlink http://www.foodlink.org.uk/ European Food Safety Authority http://www.efsa.europa.eu/

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Environment, Culture and Communities Work Plan – 2013-2014 Division: Environment and Public Protection Section: Regulatory Services Team: Food Law Enforcement

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Protecting Consumers, Supporting Business

Food Safety

5 5 9 2 To maintain and deliver a comprehensive Food Law Enforcement Plan

To adopt an annual Food Law Enforcement Plan, ensuring programmed interventions are risk based

Adoption of plan by Executive member High

1 5 9 4 Develop integrated approach with TS, Licensing and EP to maximise resources and reduce burden on compliant businesses

Ensure programmed interventions are integrated, reliance on intelligence, local issues Set up documentation and training

Interventions carried out – monthly monitoring

High

1 5 8, 9 1 Ensure consistency in the delivery of local regulation, mindful of the economic climate

Liaise with primary authorities and existing home and lead authorities to ensure that inspection and enforcement action reflects the advice given

Respond to requests for advice and assistance from all Primary and Home Authority Partners and other Local Authorities in order to promote consistency in actions between Authorities, reducing the regulatory burden on businesses. Liaise with any relevant Primary Authority as appropriate in order to promote consistency in approach.

High

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Environment, Culture and Communities Work Plan – 2013-2014 Division: Environment and Public Protection Section: Regulatory Services Team: Food Law Enforcement

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5 4 6,9 2 To seek to ensure all local food businesses are operating as safely as practicable and are seeking to comply with all relevant legislation

Undertake a risk-based and targeted food safety programme relevant to local food outlets and in accordance with a revised FSA monitoring scheme Continual database updating Note: to include duty of care inspections – waste enforcement

Programmed interventions: (100% A and B rated, 75% C – subject to alternative intervention where broadly compliant and 50% D and E) 20% revisits where required remainder by self-certification

High

5 4 8 2 Investigation of food premises and food-related complaints and enforcement action

Respond and investigate in accordance with agreed response times and national guidance

Incidents allocated via worksheet generation in M3 to officers

High

5 4 8 2 Investigation of alleged food poisoning including those not relating to food premises

Respond and investigate in accordance with agreed response times and national guidance

Incidents allocated via worksheet generation in M3 to officers

High

5 4 8 2 To respond to all categories of food hazard warnings in accordance with statutory requirements linking response with TS

Respond in accordance with agreed response times and act in accordance with national guidance linking with TS

Incidents allocated via worksheet generation in M3 to officers

High

1 5 9 1

Sustain the economic prosperity of the borough

Ensure fair trading in Bracknell Forest through a programme of intelligence led enforcement activities to monitor and improve business compliance and consumer protection

Programme of surveys developed and delivered

Med

Project Working – Focussing Resources

5 4 6 &8 2 Implement a food and water sampling programme which is in accord with national and local requirements and linked to the inspection programme complementary to the TS sampling programme

Participate in BFBC programme of sampling from local food outlets and private water supplies / distribution networks.

Undertake a programme of sampling from local food outlets based on LACORS programme and guidance and focus on local issues (sandwiches from local caterers, potentially extend previous years studies on residential care homes and )

Med

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Environment, Culture and Communities Work Plan – 2013-2014 Division: Environment and Public Protection Section: Regulatory Services Team: Food Law Enforcement

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Service Priority Service Action Outcome Measure

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And private water supplies based on risk rated sampling programme

4 3 6 5 In partnership with the Berkshire Public Health promote and encourage caterers to provide healthy menu choices through the promotion and participation in the Catering for Health award scheme.

To continue to encourage new premises to gain the Catering for Health Award in order to offer a range of choice to customers. Review existing premises that have the award during appropriate visits to businesses and seek to increase holders – targeting residential care homes and nurseries. Follow up on project in12/13 looking at nutritional sampling survey of residential care homes.

Increase numbers of award holders and those applying for the award.

High

1

4 6

7

11

6

Develop the use of knowledge, intelligence and operational support and partnerships to improve planning and delivery of services

To support and participate in the working of TSSE region of 19 local authorities

To deliver value for money by working together

Med

5

3 6 2 Ensure the standards, quality and safety of food

To support and participate in the Food Standards Agency Imported food survey

Project completed results published and resultant actions programmed

Med

Performance Management

3 5 11 6 Review our plans, policies and strategies to ensure that they meet the needs and expectations of our stakeholders

Identification and implementation of relevant best practice

A range of best practice notes for TS service developed and implemented

Med

1 4 6

7

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6 Develop the use of knowledge, intelligence and operational support and partnerships to improve planning and delivery of services

To maintain and encourage uptake of a level 1 National Intelligence Model compliant system to aid the identification of priority areas of work

To implement the TSSEL ibase intelligence system

Med

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Environment, Culture and Communities Work Plan – 2013-2014 Division: Environment and Public Protection Section: Regulatory Services Team: Food Law Enforcement

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1 4 6&8 4 Continue to improve our service by managing our performance and comparing ourselves against others

Apply best practice, enabling the service to continually improve and identify areas suitable for collaborative working.

Systems in place Med

National Priority Regulatory Outcomes:

1. Support economic growth, especially on small business, by ensuring a fair, responsible and competitive trading environment. 2. Protect the environment for future generations including tackling the threats and impacts of climate change. 3. Improve quality of life and wellbeing by ensuring clean and safe neighbourhoods. 4. Help people to live healthier lives by preventing ill health and harm and promoting public health. 5. Ensure a safe, healthy and sustainable food chain for the benefits of the consumer and the rural economy.

Regulatory Services Priorities:

1. To protect and support residents and legitimate business through the promotion of a fair, safe, responsible and competitive trading environment.

2. To work with local business to deliver a safe and quality food chain. 3. To work with partners on improvements to the local environment which positively influence the quality of life and promote sustainability. 4. To target enforcement action against those who demonstrate a disregard for the law and the consequences of their actions. 5. To promote public health and healthy living. 6. To constantly keep under review existing working procedures to ensure improvements in service delivery, effectiveness and efficiency.

Council Medium Term Objectives http://www.bracknell-forest.gov.uk/mediumtermobjectives

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ANNEX B

PART 2 - ENFORCEMENT OUT-TURN 2012 – 2013 1. How did we Perform?

Our Food Law Enforcement Plan is reviewed on an annual basis. This process provides the opportunity to record achievements and identify the key areas for improvement over the forthcoming year. In producing our Food Law Enforcement Plan each year we reflect on the previous years activities. This process provides the opportunity to identify what went well and what went less well, and identify trends or key areas for focus moving forward. The food law enforcement activity undertaken during 2012/13 is detailed below, although in summary:

• inspected 636 food businesses, carried out 714 other related visits and reviewed self- assessment questionnaires returned from 247 low risk premises,

• dealt with 429 enquiries from local businesses for advice and support, investigated 341 complaints from members of the public on the standards of food and food premises and responded to 481 food information and warnings issued by the FSA.

• issued written notifications on how businesses can comply with the law to 389 businesses, of which 11 were formal Notices,

• issued 1 caution for food standards,

• undertook 99 food samples,

• provided 251 hours of support to our Primary Authority Partners in relation to food matters,

• transferred from the Scores on the Doors scheme to the Food Standards Agency Food Hygiene Rating Scheme

This activity can be compared with previous years:

0

200

400

600

800

2010/11 2011/12 2012/13

Inspections

0

200

400

600

800

1000

1200

2010/11 2011/12 2012/13

Complaints and Enquiries

0

100

200

300

400

2010/11 2011/12 2012/13

Notifications for Non-Compliance

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2. Inspections and Other Interventions

The chart shows the proportion and type of food businesses that were inspected by the Food Team during 2012/13.

Primary Producers Manufacturers Importers/Exporters

Distributors Retailers Restaurants and Catering

All local authorities have a legal duty to inspect food businesses with a frequency based upon risk, so that our resources are directed to best effect. In 2012/13 officers completed a combined total of 883 inspections. The individual breakdown for Food Hygiene and Food Standards Inspections is illustrated in the tables on the next page.

3. Environmental Health - Food Hygiene Inspections for 2012/13

0

20

40

60

80

100

120

High (A) Medium(C) New

Businesses

Planned inspections Completed inspections

At the beginning of 2012/13 there were 2 premises rated as ‘A’. However during the year 2 previously ‘B’ rated premises were found to have deteriorated in standard and so were re-rated as an ‘A’ and inspected again at the standard 6-monthly interval, making 7 inspections of an ‘A’ premises in total. 28 Premises in Category ‘B’ were due to be inspected, 27 were inspected and 1 premises closed. Whilst there were a slight shortfall in the numbers of category ‘C’ and ‘D’ inspections, this reflects the fact that priorities were focussed on the higher risk categories, particularly new businesses presenting the highest risks. At the

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beginning of the year we were aware of 39 new businesses that were awaiting a first visit, however this increased during the year resulting in a total of 92 actual first inspections of new businesses.

4. Trading Standards - Food Standards Inspections for 2012/13

0

50

100

150

200

250

High(A)

Medium(B)

Low(C) New

Business /

Unrated

Planned Inspections Completed Inspections

High, medium and low risk premises are defined as those visited at least once every 12, 24 and 60 months respectively. The use of an outside contractor, funded by vacancies, allowed outstanding inspections to be caught up with.

5. Sampling

We routinely sample food produced and offered for sale in the Borough to check quality and safety. In 2012/13 we sent 99 samples for analysis, of which 26 were found to be unsatisfactory, and which resulted in follow-up action. The remaining results were all satisfactory.

Last year our surveys looked at a range of issues including:

Sampling 2012/13 for Food Standards

• Aflatoxins in maize and maize products from countries in Africa

• Food Supplements Adulteration

• Olive oil and extra virgin olive oil

• Honey was tested for authenticity

• Nutrition in Residential Care Homes

• Checks on behalf of the Food Standards Agency for horsemeat authenticity

Summary of Findings

The imported food survey revealed two products as having excessive amount of aflatoxins. A further product containing a prohibited additive was identified and a business based in London was formally cautioned after an investigation was completed.

Honey was sampled and a small number of labelling issues were identified.

A number of minor labelling matters were also revealed as part of the sampling process. The care home survey revealed issues with the nutritional value of food given to residential care residents. Analysis by a nutritionist and follow up training of chefs has now occurred.

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Sampling 2012/13 for Food Hygiene

• Residential Care Homes

• Premises using Complex Food Equipment

Summary of Findings

Residential Care Homes Samples were submitted for microbiological quality of reasy-to-0et food items as well as environmental swabbing of food preparation surfaces to demonstrate the effectiveness of cleaning methods. The results showed that efficient of cleaning for repeat samples was much higher after staff gained an understanding of the dangers from poor cleaning. Premises using Complex Food Equipment: the resulted in a reduction in the use of particular pieces of equipment when the risks of contamination were identified and demonstrated.

6. Complaint Investigations

We continue to receive consumer complaints about dirty food premises, poor food hygiene practices and contaminated food products. In 2012/13 we dealt with 157 such complaints. We investigate all such complaints and provide advice or take enforcement action as appropriate.

The table below shows the number of complaints in these categories dealt with by the Food Team in 2012/13. The overall level of complaints remaining stable, although there were some variations by complaint type.

0

20

40

60

80

100

120

140

Micro Foreign

Body

Chemical Premises Practices Other

2009-2010 2010-2011 2011-2012 2012-2013

We also received and dealt with 123 food complaints concerning matters such as labelling, composition and out of date food.

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7. Bracknell Forest Borough Council Primary Authority Work

We continue to devote resources to working with Bracknell-based food businesses, dealing with 38 referrals from around the country involving local businesses and handling 22 formal requests for advice on food matters.

8. Food Safety Incidents

Food Alerts, such as warnings for removal of particular products from sale or use, are issued by the FSA. The Food Team respond to the Alerts taking whatever action is needed. In 2012/13 we received 415 Alerts, 30 of which were for 'action' the remainder for 'information'. Alerts that we responded to included: food from unapproved establishments, traceability of beef, salmonella outbreaks in peanut products.

9. Food Poisoning

Infectious Disease Notifications

An important part of our work is the investigation of infectious diseases, including food poisoning, to locate potential sources and prevent the spread of infection. In 2012/13 we dealt with 212 notifications of infectious diseases. The gastrointestinal infection Campylobacter accounted for approximately 80% of the notifications.

10. Intelligence Led work In 2012/13 we carried out work in the following areas where we had intelligence that problems existed Food nutrition within care homes This looked at food served to residents within local care homes to determine if the nutritional content was sufficient to meet resident’s needs. If those meets are not adequately meet this can have an impact upon their health outcomes. The results were diverse with some homes supplying food far exceeding resident’s needs and others significantly below those needs. It was clear from discussing the matter with the chefs within those homes that there was a knowledge gap on how to deliver a nutritional meal. Working with a nutritionist from Public Health England we delivered a day’s free training for those chefs so they could understand and deliver balanced nutritional meals for their vulnerable residents. We will do follow up work this year to check that improvements have been made and sustained. Poor performing premises 20 of the poorest performing food businesses in the Bracknell Forest area were invited to participate in a food safety project to considerably reduce the risk to public health. Officers acted as business support coaches by helping businesses to raise food hygiene standards in the participating premises. Of the 20 premises invited to participate, 16 accepted. To achieve compliance with those who declined to participate, alternative interventions were used including enforcement action. For example, a total of 40 hours was required for one premises, compared to an average of 7 hours per participating premises. Of the 16 premises that participated in the project, 85% improved sufficiently to increase their ratings as part of the Food Hygiene Ratings Scheme. Overall improvements in food safety matters were found in all participating premises. Such results highlight that this project has

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aided in the improvement of public health by raising food hygiene standards and thereby reducing the risk of food poisoning. All participating premises were asked to complete evaluation forms to provide the feedback about the project, all of which was positive and asked for further support. The Food team plan to run this project again in 2013-2014.

11. Training and Information

Education and information are an important part of our enforcement activity. We have assisted and supported local businesses through the provision of Level 2 Award in Food Safety in Catering training for food handlers. We provided 2 courses in 2012/13. Our pass rate was once again at a rate of 100%.

In addition we have continued to utilise a system developed by the Food Standards Agency called ‘Safer Food Better Business’ (SFBB) to help small food business operators draw up food safety management systems specific to their own food activities. In 2012/13 we continued to offer businesses on-site coaching. We received 11 specific enquiries for assistance and undertook detailed business coaching sessions at relevant business premises.

12. Berkshire Safe Food Award and Catering for Health

During 2012/13 we continued to work in partnership with the Public Health England in awarding Catering for Heath Awards. The award recognises catering businesses that provide a variety of healthy eating options for their customers. A total of 21 food businesses within Bracknell Forest Borough currently hold this award, and this information is publicised on the Food Hygiene Rating Scheme website - http://www.food.gov.uk/ratings against the premises.

13. Enforcement Action

We have adopted a broad and comprehensive set of measures to protect consumers and promote food safety, and actively work with local business to achieve a balanced approach.

Any enforcement action taken by the Food Team is graduated, proportionate and in accordance with the Council’s Enforcement Policy. A full copy of the policy can be found on our website: http://www.bracknell-forest.gov.uk/enforcement-policy.pdf.

In 2012/13 the Food Team issued 375 written notifications of non-compliance with legal

requirements. 11 Formal Improvement Notices were served, 2 premises were closed by voluntary agreement due to imminent risk to public health, and 1 caution for the supply of food containing a prohibited additive, in line with our staged enforcement approach outline in the Enforcement Policy.

The enforcement action taken in relation to food safety and standards for recent years is shown below:

ENFORCEMENT ACTION 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13

Informal improvement notices 299 347 369 270 315 375

Formal notices 1 10 34 14 16 11

Prosecutions 0 2 0 0 1 0

Immediate Prohibition Notices 0 0 0 0 0 0

Voluntary Closure 3 2 1 0 0 2

Simple Cautions 0 1 1 0 2 1

TOTAL 303 362 405 284 334 389

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14. Staff Development

A record of continuous development is maintained for all Officers. The following courses were attended during 2012/13:

Accident Investigation Skills Food Allergies Bacteriological Swab Analysis Legal Proceedings Gas Cylinder Safety Pressure Systems Electrical Safety Infectious Disease Food Safety Update Emergency Preparedness Private Water Supplies Food Information Regulations Food Standards Update