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Food Safety Act 1990

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Food Safety Act 1990 Food Safety Act 1990 Code of Practice Page 1 of 115 Food Safety Act Code of Practice Table of Sections and Chapters TABLE OF AMENDMENTS ISSUED............................................................................... 4 PREFACE ..................................................................................................................... 5 SECTION 1: ADMINISTRATION.......................................................................7 CHAPTER 1.1: INTER-AUTHORITY MATTERS ....................................................... 7 CHAPTER 1.2: QUALIFICATIONS AND EXPERIENCE .......................................... 11 CHAPTER 1.3: CONFLICTS OF INTEREST........................................................... 19 CHAPTER 1.4: FOOD BUSINESS RECORDS ....................................................... 20 CHAPTER 1.5: REGISTRATION OF FOOD PREMISES ......................................... 21 CHAPTER 1.6: CROWN AND POLICE PREMISES ................................................ 22 CHAPTER 1.7: FOOD INCIDENTS AND HAZARDS ............................................... 25 SECTION 2: COMMUNICATION ................................................................... 29 CHAPTER 2.1: FOOD ALERTS............................................................................. 29 CHAPTER 2.2: FOOD STANDARDS AGENCY COMMUNICATIONS AND GUIDANCE ............................................................................................................................ 31 CHAPTER 2.3: INFORMATION TO BE SUPPLIED TO THE FOOD STANDARDS AGENCY .............................................................................................................. 32 CHAPTER 2.4: LIAISON WITH OTHER MEMBER STATES.................................... 34 SECTION 3: GENERAL ENFORCEMENT .................................................. 38 CHAPTER 3.1: APPROACH TO ENFORCEMENT.................................................. 38 CHAPTER 3.2: IMPROVEMENT NOTICES............................................................ 41 CHAPTER 3.3: PROHIBITION PROCEDURES ...................................................... 42 CHAPTER 3.4: SEIZURE AND DETENTION.......................................................... 45 CHAPTER 3.5: WASTE FOOD.............................................................................. 49 CHAPTER 3.6: DISTANCE SELLING..................................................................... 50 CHAPTER 3.7: BOTTLED WATERS ...................................................................... 51 SECTION 4: INSPECTIONS........................................................................... 52 CHAPTER 4.1: PURPOSE OF INSPECTION ......................................................... 52 CHAPTER 4.2: THE PLANNED INSPECTION PROGRAMME................................. 54 Page 2 of 115 CHAPTER 4.3: THE INSPECTION......................................................................... 60 CHAPTER 4.4: INSPECTION OF APPROVED ESTABLISHMENTS - ADDITIONAL REQUIREMENTS ................................................................................................. 65 CHAPTER 4.5: ACTION FOLLOWING INSPECTION.............................................. 69 SECTION 5: PRODUCT-SPECIFIC REGULATIONS ................................ 71 CHAPTER 5.1: APPROVALS ................................................................................ 71 CHAPTER 5.2: ENFORCEMENT OPTIONS IN PRODUCT-SPECIFIC PREMISES .. 75 CHAPTER 5.3: MATTERS RELATING TO SHELLFISH .......................................... 78 CHAPTER 5.4: MATTERS RELATING TO FRESH MEAT....................................... 81 SECTION 6: SAMPLING................................................................................. 82 SECTION 7: MONITORING OF INSPECTIONS......................................... 86 SECTION 8: ANNEXES................................................................................... 87 ANNEX 1: Glossary of Terms ................................................................................ 87 ANNEX 2: HACCP Evaluation Competencies ......................................................... 89 ANNEX 3: Food Incident Flow Diagram .................................................................. 91 ANNEX 4: Food Hazard Reporting Form ................................................................ 92 ANNEX 5: Inspection Rating Schemes ................................................................... 96 ANNEX 6: Food Premises Inspection Report ........................................................109 Page 3 of 115 TABLE OF AMENDMENTS ISSUED Amendment Number Signed Date Amendment No. 1 ________________ ______ Amendment No. 2 ________________ ______ Amendment No. 3 ________________ ______ Amendment No. 4 ________________ ______ Amendment No. 5 ________________ ______ Amendment No. 6 ________________ ______ Amendment No. 7 ________________ ______ Amendment No. 8 ________________ ______ Amendment No. 9 ________________ ______ Amendment No. 10 ________________ ______ Amendment No. 11 ________________ ______ Amendment No. 12 ________________ ______ Amendment No. 13 ________________ ______ Amendment No. 14 ________________ ______ Amendment No. 15 ________________ ______ Amendment No. 16 ________________ ______ Amendment No. 17 ________________ ______ Amendment No. 18 ________________ ______ Amendment No. 19 ________________ ______ Amendment No. 20 ________________ ______ Please sign and date to confirm replacement of relevant pages with amendments issued by the Food Standards Agency. Page 4 of 115 PREFACE This Code of Practice is issued under Section 40 of the Food Safety Act 1990 (the Act), which empowers the Secretary of State to issue codes of practice concerning the execution and enforcement of the Act and Regulations made under it by Food Authorities. It replaces all Codes previously made under the Act. Food Authorities are required by Section 40 to have regard to this Code when discharging their duties to enforce the Act and Regulations made under it. This means, in effect, that Food Authorities must follow and implement the provisions of this Code that apply to them. Food Authorities that do not have regard to relevant provisions of this Code may find their decisions or actions challenged and evidence gathered during a criminal investigation being ruled inadmissible by a court. If a Food Authority finds that complying with this Code might compromise public health or safety they should discuss the matter with the Food Standards Agency (the Agency) at the earliest opportunity. Food Authorities have a statutory duty to enforce the Act and Regulations made under it. The purpose of enforcement is to ensure compliance with food law in each Food Authority’s area in Great Britain. Every Food Authority must therefore discharge its duty as effectively as possible, using means that are most appropriate to the circumstances. The effective discharge of this duty relies on authorised officers being familiar with the law they are appointed to enforce, referring to the law itself as well as to this Code and guidance, understanding what the law actually says and requires, and seeking guidance when either it, or they, are unclear. The Food Standards Agency may, from time to time, issue Practice Guidance for Food Authorities. Food Authorities should take account of such guidance. Food Authorities must also have regard to the Framework Agreement on Local Authority Food Law Enforcement1, which reflects the requirements of this Code. The Framework Agreement is also consistent with the principles of the Enforcement Concordat2. Food Authorities should be aware that law relating to food is not necessarily made under the Food Safety Act. Food law is also made under the Animal 1 “The Framework Agreement on Local Authority Food Law Enforcement”, published and updated by The Food Standards Agency, Aviation House, 125 Kingsway, London, WC2B 6NH, http://www.food.gov.uk 2 “The Enforcement Concordat”, published by The Cabinet Office, Better Regulation Unit, Horse Guards Road, London SW1P 3AL Page 5 of 115 Health Act 1981, the European Communities Act 1972, the Consumer Protection Act 1974, and directly under EC Regulations. References to chapters, paragraphs and annexes are to the relevant parts of this Code unless stated otherwise. Page 6 of 115 SECTION 1: ADMINISTRATION CHAPTER 1.1: INTER-AUTHORITY MATTERS 1.1.1: Introduction This Chapter deals with liaison arrangements between two-tier Food Authorities and the division of enforcement responsibilities. It requires the timely exchange of information on food premises registration, the adoption of the “Home Authority Principle”, and appropriate representation of Food Authorities in liaison groups. It also sets out ground-rules for the exercise of powers of entry by authorised officers in another Food Authority’s area. 1.1.2: Liaison between two-tier Food Authorities Lead food officers of District and County Council Food Authorities should ensure that effective day-to-day liaison arrangements between their respective authorities are in place, documented and operating satisfactorily. 1.1.3: Microbiological quality and contamination by micro- organisms or foreign matter In the parts of England in which there are two tiers of local government and each tier is a Food Authority, District Council Food Authorities should investigate and take enforcement action in cases relating to the microbiological quality of food, contamination by micro-organisms and their toxins and contamination by foreign matter. 1.1.4: Composition, chemical contamination, adulteration and
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