A REPORT FOR THE NATIONAL ASSEMBLY FOR WALES Review of the Implementation and Operation of the Statutory Food Hygiene Rating Scheme in Wales and the Operation of the Appeals System FEBRUARY 2015 CONTENTS Page 1. Executive Summary 2 2. Introduction 4 3. Background 5 4. Local authority functions 5 5. FSA duties 6 6. Engagement with local authorities in Wales 7 7. Consistency training for local authorities 8 8. Statutory guidance for local authorities 9 9. Welsh Government grants to local authorities 9 10. Engagement with food businesses 9 11. Communicating with consumers in Wales 10 12. Operation of the Food Hygiene Rating Scheme 11 13. Requests for re-rating inspections 12 14. Right to reply 13 15. Operation of the appeals system 13 16. Compliance by businesses and enforcement 15 17. Consumer awareness – research findings 16 18. Impact of scheme 17 19. Conclusions 18 20. Recommendations 20 1 Review of the implementation and operation of the statutory Food Hygiene Rating Scheme in Wales and the operation of the appeals system 1 Executive Summary 1.1 The Food Standards Agency (FSA), created in 2000 as an independent government department, is responsible for food safety and hygiene across the UK. 1.2 One of the key outcomes the FSA aims to deliver is that consumers have the information they need to make informed choices about where and what they eat and that regulation and enforcement is risk-based and focused on the protection and improvement of public health. 1.3 In November 2013 The Food Hygiene Rating (Wales) Act (“the Act”) established a statutory Food Hygiene Rating Scheme (FHRS) which, amongst other requirements, made participation in the scheme compulsory for local authorities and the display of food hygiene ratings mandatory for food establishments. Local authorities worked in partnership with the FSA and Welsh Government to successfully implement the statutory Food Hygiene Rating Scheme (FHRS). 1.4 The Act places a duty on the FSA to conduct a review of the implementation and operation of the scheme one year after its commencement, with further reviews following each subsequent period of three years. There is also a duty placed on the FSA to review the operation of the appeals system annually. 1.5 This report fulfils the duties placed on the FSA to review the implementation and operation of the FHRS and the operation of the appeals system. 1.6 The review of the implementation and operation of the FHRS has found that: Food business compliance with food safety law has increased since the introduction of the statutory scheme and there is evidence that the scheme is a motivating factor in raising food hygiene standards. Consistency in the application of the statutory scheme across Wales has been facilitated through local authorities, the FSA and Welsh Government working collaboratively. Consumer awareness and use of the scheme has increased. 2 1.7 The review of the operation of the appeals systems set up under the Act has found that: All appeals have been determined in accordance with legislative requirements. Appeals against ratings have been made in 0.5% of cases. 21% of appeals resulted in changes to food hygiene ratings. 1.8 As a result of the findings of this review, nine recommendations have been made in connection with the ongoing operation and monitoring of the Food Hygiene Rating Scheme. 3 2 Introduction 2.1 The Food Hygiene Rating (Wales) Act 2013 established a statutory Food Hygiene Rating Scheme (FHRS) in Wales which came into force on the 28th November 2013. The details of how the statutory food hygiene rating scheme (FHRS) would operate in Wales were contained in Food Hygiene Rating (Wales) Regulations 2013 (“the Regulations”). 2.2 The Food Standards Agency report must review the implementation and operation of the food hygiene rating scheme established under the Food Hygiene Rating (Wales) Act. The FSA must also review the operation of the appeals system. The two reports have been presented in this one document for ease of reference. 2.3 Food authorities (local authorities) are required to inspect food business establishments in their area and produce food hygiene ratings for them, using criteria published by the FSA. The operator of an establishment that has been rated is provided with a sticker (or stickers) showing their food hygiene rating which they are required to display in one or more prescribed positions at their establishment. The FSA is required to publish the rating and other information on its website. http://ratings.food.gov.uk/ 2.4 In addition, the operator is required to ensure that anyone who asks for verbal confirmation of a rating is given that information. The Regulations make provision for the effective operation of the statutory scheme. 2.5 The Act also places a number of duties on the FSA including that of reviewing the implementation and operation of the FHRS established under the Act at the end of the first year of the operation of the scheme and to lay a report before the National Assembly for Wales. A copy of any such report must be sent to Welsh Ministers. 2.6 This report has been drafted to meet the requirements of the Act referred to above. 2.7 Although this report relates to the first 12 months of the operation of the scheme, it should be noted that some significant changes came into effect immediately on the anniversary of the introduction of the statutory scheme in Wales. These were the extension of the scheme to include business to business trade establishments, and commencement of the publication by the FSA of a narrative breakdown of the ratings on the food hygiene rating website. This enables consumers to see how well businesses did in relation to each of the three rating criteria and to make informed choices. 4 3 Background 3.1 The FSA had originally developed a non-statutory food hygiene rating scheme in consultation with consumer, industry and local authority stakeholders for implementation across Wales, England and Northern Ireland. (A different scheme operates in Scotland). The aim of the scheme was to provide information to consumers on the hygiene standards of food businesses. The FSA Board approved the scheme in November 2008. The FSA produced guidance for local authorities in order to aid consistency. When developing the statutory FHRS in Wales the Welsh Government modelled it on the non-statutory scheme already operational in Wales. This scheme was working well in Wales and it seemed sensible to adopt it as a statutory one as far as was practicable but with significant developments. 3.2 All Welsh local authorities implemented the non-statutory scheme from 1 October 2010, and it applied to all businesses selling food directly to the public. The scheme became known in Wales as the “non-statutory” scheme in order to distinguish it from the statutory scheme introduced by the Act in 2013. Although the display of FHRS stickers was optional for food businesses, they had no choice about whether they were included in the scheme or having their rating published on the FSA website. 3.3 On 12 July 2011 the First Minister announced the Welsh Government’s intention to introduce a new statutory Food Hygiene Rating Scheme to help improve food safety and provide consumers with easily understandable information about food hygiene standards 4 Local authority functions 4.1 Under the Act local authorities are required to inspect food business establishments in accordance with a programme they have prepared and kept under review, having regard to matters specified by the FSA and approved by Welsh Ministers. The matters specified by the FSA must include an assessment of the levels of risk to public health:- (a) associated with the type of food handled by an establishment, (b) associated with the method of handling the food, and (c) arising from the record of compliance with food hygiene law at the establishment. 4.2 Where a food business establishment has been inspected in accordance with the Act, a local authority must assess the food hygiene standards of 5 the establishment and produce a food hygiene rating (a “rating”) for that establishment scored against criteria set out by the FSA (the “rating criteria”). 4.3 Ratings are determined by local authority food safety officers after they have examined three specific areas of compliance with food hygiene legislation that the Food Law Code of Practice (Wales) requires them to consider when carrying out inspections as part of their statutory obligations. The frequency of inspections is set out in the Food Law Code of Practice (Wales). Ratings are determined by the mapping of three Food Law Code of practice “scores” to one of six food hygiene ratings. All businesses should be capable of achieving the top rating. The three areas examined, to which the scores relate and which determine the FHRS rating are:- how hygienically the food is handled – how it is prepared, cooked, re- heated, cooled and stored; the condition of the structure of the buildings – the cleanliness, layout, lighting, ventilation and other facilities; how the business manages and records what it does to make sure food is safe. 4.4 Local authorities are required to send food business operators notification of their rating within 14 days of the inspection, the reasons for the rating and an appropriate food hygiene rating sticker. They must also notify them of their right of appeal, their right of reply, and their right to request a re- rating inspection. 4.5 By 28 May 2015 local authorities are also required to “migrate” any businesses to the statutory scheme which are not due to be inspected by that date, and which have a sticker determined under the non-statutory scheme.