food & safety unit enforcing food legislation

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FOOD & SAFETY UNIT Enforcing food legislation. City of York. Population - ~195,000 7.1 million visitors to York £443 million contribution to economy Greatest spend – food and drink Supports 22,000 + jobs York placed fifth in European good food destinations. City of York. - PowerPoint PPT Presentation

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  • FOOD & SAFETY UNIT Enforcing food legislation

  • City of York Population - ~195,000 7.1 million visitors to York 443 million contribution to economy Greatest spend food and drink Supports 22,000 + jobs York placed fifth in European good food destinations

  • City of York

  • Food & Safety Unit Food Safety Food Standards Animal Feed Public Health Health and Safety

  • Premises 1,900+ food premises Mostly catering premises History as chocolate city

  • Staff

  • Planning interventions

  • InterventionsOfficial controls inspections monitoring surveillance verification audit; and sampling

    Not official controls education, advice and coaching information and intelligence gathering

  • InspectionsPreparation Clothing/equipment Review of the information held on the premises

    On site Explain purpose of inspection Establish if any changes Identify all food related activities Question appropriate staff

  • Inspections (2)Areas covered Assess risk of not meeting food hygiene requirements Assess hazards and if controlled Is food handled and produced hygienically? Assess and verify HACCP

  • Post inspection Report of inspection Cover contraventions Split legal requirements/ recommendations Follow up various approaches

  • Approach to enforcement Food Law Enforcement Policy History of the premises Attitude of the business Seriousness of the offences Reasonable, proportionate, risk based and consistent. Graduated and educative

  • Securing complianceInformal approaches education coaching giving advice

  • Securing complianceFormal approaches Hygiene Improvement Notice Emergency Prohibitions Seize or detain food Remedial Action Notices

  • Hygiene Improvement Notice proportionate to the public health risk record of non-compliance informal approach wont be successful

  • Emergency Prohibition Notice Use where there is a health risk condition

  • Emergency Prohibition Notice Immediately close premises, use of equipment or process/treatment.Apply to Magistrates Court to issue an order FBO can request lifting of an order - issue certificate HRC removed; or - explain what HRC still exists Also prohibit FBO from running food business

  • ProsecutionFactors for prosecution seriousness of the offence prevalence of the type of offence history of premisesFactors against nominal penalty genuine mistake

  • Prosecution outcomesMagistrates court fine max 5,000 per offence prohibition order

    Crown court unlimited fine imprisonment

  • Example case

  • Example case

  • Example case

  • Example case

  • Example case

  • Example case

  • Example case

  • Example case

  • Outcome of court caseBusiness 1000 unfit food 500 other offences 789.45 legal costsOwner 100 per offence 600 legal costs

  • ...and some bad publicity!

  • Quality control BS 9001 accredited service Inter authority audits External audits from certifying body Annual report to Chief EHOs

  • FSA involvement Local Authority Enforcement Monitoring

  • FSA involvement Local Authority Enforcement Monitoring system Audit local authorities Issue guidance on the back of audit findings

  • FSA involvement Local Authority Enforcement Monitoring Audit local authorities

  • FSA involvement Local Authority Enforcement Monitoring Audit local authorities Issue guidance on audit findings

  • Food Hygiene Rating Schemes Rating based hygiene standards Improved transparency Easy to access information Encourages businesses to improve Media interest

  • Broadly compliant premises Shift from input to outcomes Tackling the worst premises National performance indicator Prioritised inspections Revisits coaching/advice/encouragement Graduated and educative approach (CoP)

  • Future issues

    **********Official control defined at community levelOfficial controls must provide sufficient information to Food Authorities to establish that food-related activities carried out at food establishments comply with food law. Carried out at all stages of production, processing and distribution to establish whether the requirements of relevant food law are being met.*Inspection means the examination of any aspect of feed, food, animal health and animal welfare in order to verify that such aspect(s) comply with the legal requirements of feed and food law and animal health and welfare rules.*Inspection means the examination of any aspect of feed, food, animal health and animal welfare in order to verify that such aspect(s) comply with the legal requirements of feed and food law and animal health and welfare rules.**Hierarchy of enforcement!*****Compensation if order truned down Request to lift order must consider within 14 daysProhibit person managing a premises.*****************************2005 largest outbreak Wales, second largest UK

    Ecoli 118 cases 44 schools 31 hospitalised Mason Jones, 5, dies

    Critical procedures not carried out, falsified records,

    Cooked meat xcont with Ecoli 0157

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