Drystone Chambers
3 Contributions by Drystone Chambers Experts
PRACTICE NOTES
Enforcement under the Food Safety Act
An authorised officer of an enforcement authority may enter any premises within the authority’s area, at all reasonable hours, for the purpose of ascertaining whether the Food Safety Act 1990 (FSA 1990) is being, or has been, contravened on those premises. If the occupier requests it, the officer must be able to produce duly authenticated documentation confirming their authority to act in that capacity. An authorised officer also has the power to enter any business premises, whether inside or outside the authority’s area, to establish whether there is any evidence or indication, on those premises, of any contravention, within that area, of the FSA 1990. An authorised officer of a food authority may, in addition, enter any premises whenever necessary and appropriate in order to perform their functions under the FSA 1990. Where premises are used solely as a
Corporate Crime
PRACTICE NOTES
What are the Food Safety and Hygiene (England) Regulations 2013
Known as FSH(E)R 2013 and cited as SI 2013/2996, these regulations apply only in England and took effect on 31 December 2013. All action to enforce food safety and food hygiene is undertaken under these provisions. The Food Standard Agency (FSA) works alongside local authorities and Port Health Authorities when issues arise or breaches of the rules are suspected. Their overall effectiveness is also reviewed using general feedback provided by industry and by enforcement authorities on a continuing general basis...
Corporate Crime
PRACTICE NOTES
What are hygiene improvement notices?
Hygiene improvement notices are tools used by enforcement authorities such as the Food Standards Agency (FSA) or local authorities to uphold the Food Safety and Hygiene (England) Regulations 2013 (FSH(E)R 2013), SI 2013/2996.
A hygiene improvement notice compels a food business operator to take steps necessary to achieve compliance with FSH(E)R 2013, SI 2013/2996. See Practice Note: Applying the Food Safety and Hygiene (England) Regulations 2013.
They should not be confused with improvement notices under the Food Safety Act 1990 (FSA 1990). Improvement notices under FSA 1990 serve to enforce regulations made under Part II of that Act.
Non-compliance with a hygiene improvement notice under FSH(E)R 2013, SI 2013/2996 constitutes a criminal offence.
Guidance on applying hygiene improvement notices is set out in the Food Law Code of Practice issued by the FSA, and the FSA in Wales has also produced a Food Law Code of
Corporate Crime
If you expected to see yourself on this page, click here.
