57
FOOD SAFETY SERVICE PLAN 2006/2007 Environmental Health & Consumer Protection Division This document is available in large print or another language on request
FOOD SAFETY
SERVICE PLAN
2006/2007
Environmental Health &
Consumer Protection Division
This document is available in large print
or another language on request
- 2 -
Contents
Section Introduction
1. Service Aims and Objectives
1.1 Aims and Objectives
1.2 Links to corporate objectives and plans
2. Background
2.1 Profile of Authority
2.2 Organisational Structure
2.3 Scope of the Food Service 2.4 Performance Measurement
2.5 Demands on the Food Service
2.6 Enforcement Policy
3. Service Delivery
3.1 Food and Feeding Stuffs Premises Inspection
3.2 Food and Feeding Stuffs Complaints 3.3 Imported Food and Feed Control
3.4 Home Authority Principle
3.5 Advice to Business
3.6 Food and Feeding Stuffs Inspection and Sampling
3.7 Control and Investigation of Outbreaks and Food Related Infectious
Disease
3.8 Food Alerts
3.9 Liaison with Other Organisations
3.10 Food and Feeding Stuffs Safety and Standards Promotion
3.11 Formal Action
- 3 -
4. Resources
4.1 Financial Allocation
4.2 Staffing Allocation
4.3 Staff Development Plan
5. Quality Assessment
5.1 Quality Assessment 5.2 Qualifications and Training 5.3 Procedural Documents 5.4 Standard Letters 5.5 Updates 5.6 Outgoing Correspondence 5.7 Foodstuffs Complaints 5.8 Quality Monitoring Visits 5.9 Results and Development Annual Review (RADAR) 5.10 Customer Feedback 5.11 Benchmarking 5.12 Maintaining the Premises Database
6. Review
6.1 Review against Service Plan
6.2 Identification of any Variation from the Service Plan
6.3 Areas of Improvement
- 4 -
Appendix I Trends 2005/06 Appendix ii Food Sampling Policy Appendix iii Strategy for Producing a Food Sampling Plan Appendix iv Food Complaints Policy
- 5 -
Introduction This is the sixth Food Safety Service Plan produced by Torbay Council’s Environmental Health and Consumer Protection Business Unit. Its preparation forms part of the Food Standards Agency’s requirements under the “Framework Agreement on Local Authority Food Law Enforcement” produced in 2000. The Plan is intended to inform residents and the business community of Torbay and the wider audience, of the arrangements Torbay Council has in place to regulate food safety. It brings together the obligation for food law enforcement services within the Environmental Health and Consumer Protection Division arising from existing legislation and sets out the planning, management and delivery of these local services. The plan also provides the basis on which Torbay Council will be monitored and audited by the Food Standards Agency.
- 6 -
Section 1.0 – Service Aims and Objectives 1.1 Aims and Objectives 1.1.1 The aim of the Food Safety Act and the new EU food hygiene legislation
introduced in January 2006 is to ensure that all food sold to the public is safe, properly described and presented, and complies with appropriate compositional requirements and properly described on its label. Torbay Council’s policy is to strive to ensure that food and drink intended for sale for human consumption which is produced, stored, distributed, handled or consumed within the Authority’s area is appropriately packaged, labelled and described and without risk to the health or safety of the consumer.
1.1.2 The Council has a duty to act as an enforcing Authority for a variety of statutory
food safety matters required by the Food Safety Act 1990 and the Food Hygiene(England )Regulations 2006 The Council will follow the guidance on enforcement action contained in the statutory Code of Practice issued under Section 40 of the Food Safety Act 1990, Regulation 24 of the Food Hygiene (England) Regulations 2006 and Regulation 6 of the Official Feed and Food Control Regulations 2006. The statutory and discretionary duties of Torbay Council impact widely on the quality of life in Torbay. National legislation sets a regulatory framework for a wide range of food safety duties. The regulations are aimed at improving and preserving standards for the safety of customers.
1.1.3 This Food Safety Service Plan has been produced to ensure that local food
businesses, members of the public and Council Officers understand the approach to food safety adopted by the Council. The Service Plan will assist the Council in its aim of providing fair, consistent, open and effective enforcement services.
1.1.4 The aims of this Food Safety Service Plan are very broad to allow for a wide
range of activities in promoting and enforcing food safety. Torbay Council attaches primary importance to the planned inspection of food premises and the prompt investigation of complaints and enquiries. However, local and national food safety initiatives will be supported to the extent available resources will allow.
1.1.5 In implementing its policy, the Council is mindful of the pressures on local
businesses, particularly where for example the economy is seasonal and subject to fluctuation. Torbay Council will encourage working with local businesses through promoting and supporting informal and formal groups.
1.1.6 This policy will be put into effect predominantly by the Food Safety Team
however a small amount of Food Standards work will be undertaken by the Trading Standards Section during the course of normal work in inspecting premises and dealing with service requests and complaints. Procedural notes will support the policy where necessary to assist staff in delivering a high quality and consistent service. The responsibility for implementing the policy rests with the Assistant Director and the Food Safety Team Manager.
- 7 -
1.2 Links to Corporate Objectives and Plans 1.2.1 The desired future for Torbay is contained within its overall vision which is the
same as the Torbay Strategic Partnership of: A healthy, prosperous community, living, learning and relaxing in a
safe and beautiful bay.
The guiding principles are: “We will provide leadership and inspiration to improve the services
we support and provide” “We will enable all to have fair access to, and enjoy, high quality
services which will enrich their lives and help realise their full potential”
1.2.2 Torbay Councils core values are:
Customer Focus
• We are committed to putting the customer at the centre of all our services
• We will seek the views of the people of Torbay so that we can better meet their needs
• We will celebrate diversity and promote equal opportunities in our service delivery, our employment practices and through our partnerships
• We will ensure that we are transparent in our decision-making
Service Delivery
• We will consider community and environmental impact when making decisions
• We will aim to continuously improve our services, particularly those which are our priorities, and seek to be more efficient
• We will work with all of our partners to deliver better quality services to Torbay
• We will value the contribution that staff make to services and ensure that they are well trained and effective in their jobs.
In addition nine overarching corporate priorities have been agreed, which are
aligned with the themes of the Community Plan. 1. Making Torbay a safer place 2. Improving health and social care in Torbay 3. Improving access to good quality affordable homes 4. Improving Torbay’s economy
5. Valuing our environment 6. Placing learning at the heart of our community
- 8 -
7. Developing Torbay’s culture 8. Creating sustainable communities 9. Corporate Improvement
The Food Safety function significantly contributes to the priorities highlighted above. The service links directly with an Elected Member who as a Member of the Executive has a responsibility for Communtiy Services – Cllr.Jeanette Richards
1.2.3 The food safety service also links directly with the following corporate policies:- a) Equal Opportunities
• The Division’s Enforcement Policy instructs that Officers seek compliance fairly, consistently, proportionally, transparently and targeted and seek to be clear, open and helpful in their approach to enforcement.
• Respect confidentiality of complainants and businesses so far as the law and legal process permits.
• The right for any person to expect the proper investigation of any complaint that can be properly and lawfully investigated by the Authority.
• The maintenance of registers required by statute for inspection by the public free of charge and by affording facilities to copy such entries on payment of reasonable charges.
• The provision of information relating to food safety in languages other than English and in other formats such as large print, on request.
Promotion
• Within the Council’s workforce through the Authority’s equal opportunities policy.
• Through the internet Website. And Monitor and Record
• By provision of complaint procedures and the analysis of such information.
• By carrying out quality monitoring inspections to improve consistency and uniformity in approach.
b) Sustainability The food safety service plays an important role in sustainable development.
We promote sustainability by:
- 9 -
• Promotion of healthy lifestyles to promote wellbeing and safe and healthy food. This is achieved through public events, food hygiene training courses, free public information leaflets, etc.
• Supporting the local economy by protecting consumers and traders from unfair competition.
• Promotion of healthy lifestyles, including the use of locally produced food, wherever possible in the School Meals Contract Specification.
• Seeking to maintain the quality, accurate description and appropriate labelling of food.
• Inspecting and monitoring, through submission for analysis, food products offered for sale within Torbay, viz.: microbiological safety, claims relating to foods for particular nutritional uses, reduced or low energy value claims and misleading descriptions.
• Ensure unfit food does not enter the food chain. c) Crime and Disorder The food safety service contributes to the Crime and Disorder Strategy by:
• Creating a level playing field in which businesses can operate.
• The right for any person to complain to the Authority about issues affecting food safety.
• Providing advice to consumers on how to obtain civil redress when required.
• Providing advice to producers and manufacturers on how to comply with legislative standards.
• Enforcing food safety legislation including the investigation of infringements.
• Investigating food fraud including adulteration, substitution, counterfeiting and passing-off offences.
- 10 -
Section 2.0 – Background 2.1 Profile of the Torbay Council Torbay is a Unitary Authority comprising the coastal towns of Torquay, Paignton
and Brixham, on the south coast of England. It has a population of 130,000 rising to 200,000 during the summer months. Tourism is Torbay’s dominant industry, hosting 9 million bed nights each year, and employing approximately 15,000 people both directly and indirectly. The industry accounts for 13.5% of the areas gross domestic product.
The significance of the resort factor means that employment in the service sector
is higher than the national average, not only as a result of tourism and leisure employment, but also because of the areas attractiveness as a location for retirement. The care sector is also, therefore, a major employer, accounting for around one fifth of total employment.
There are in excess of 1977 food premises within Torbay, including the busy
fishing port of Brixham, a number of large national manufacturers, as well as numerous hotels and other tourist accommodation.
Torbay’s trading environment is gradually changing to reflect the national trend.
These changes include longer opening hours, transactions over the telephone and the Internet, and the development of a number of street markets such as the continental market held on a number of occasions during the year.
- 11 -
2.2 Organisational Structure (2006/07)
The Executive
Consultant for Communicable
Disease Control (CCDC)
Royal Devon and Exeter
NHS Trust
Strategic Director for Community
Services
Assistant Director (EH & CP )
Principal EHO (Food Safety) Principal Trading Standards Officer
4 x Trading Standards Officers 3..5 x Senior EHO’s School Meals Client Officer
Public Analysts – Tickle & Reynolds
Somerset Scientific Services
2 EHO’s + SFBB
Project Manager
- 12 -
2.3 Scope of the Food Service The Teams responsible for delivering the food safety function for Torbay Council
have additional duties in their respective disciplines. The Food Safety Team is responsible for:
- Food Hygiene Enforcement - Food Standards Enforcement - Health and Safety at Work Enforcement in commercial food premises - Accident Investigations in commercial food premises - Infectious Disease Control - School Meals Client Monitoring - Health Promotion Activities - Enforcement of Animal By Products
Likewise, the Trading Standards Team is responsible for:
- Product Safety Enforcement - Weights and Measures - Fair Trading - Consumer Advice - Animal Feeding Stuffs Enforcement - Consumer Education - Animal Health and Welfare
The principle areas of food safety work are: (i) Inspection of food premises, foodstuffs and animal feeding stuffs; (ii) Investigation of food and animal feeding stuffs complaints made by
residents and visitors to Torbay; (iii) Food safety advice to traders, residents and visitors to Torbay; (iv) Food and animal feed stuffs sampling and test purchasing to check its
safety, description and composition; (v) Respond to national Food Alerts (vi) Training courses; advice and information available to food businesses; (vii) Infectious disease and food poisoning investigation; (viii) Examination and investigation of abuses of minimum durability provisions
for food and animal feeding stuffs; (ix) Advice to food manufacturers on quality standards, reserved descriptions,
permitted additives and colours, and ingredient and nutritional declarations;
(x) Inspection and sampling to check the compliance of packaging and
materials, and articles that come into contact with food.
- 13 -
At the present time, food hygiene enforcement is undertaken by the Food Safety Team, however from the 1st April 2006 Food Standards functions will also be the responsibility of this team with a small percentage of Food Standards work also undertaken by the Trading Standards team to enable officers in that team to complete their training and competency needs.
In the majority of cases wherever Torbay Council is inspecting food premises for
hygiene purposes, it is also the enforcing Authority for health and safety at the same premises. It has been normal practice to conduct a health and safety inspection at the same time as a food hygiene inspection, however the team are moving away from the more traditional type health and safety inspections and will be completing more themed inspections in line with the HSE’s workplan.
Food standards inspections are usually undertaken independently of food
hygiene, although combined with other Trading Standards inspections due at the premises. However, as mentioned above, from 1st April 2006 Food Standards work will be undertaken by the officers in the Food Safety Team and will normally be undertaken at the same time as a food hygiene inspection (apart from in high risk food standards premises where they will be undertaken as a separate inspection).
- 14 -
2.4 Performance Measurement The food safety performance is measured by both internal and external means,
which are summarised as:
Type of PI
(Local,
Citizens
Charter,
National
Standard)
Title of Performance Indicator Actual
2004/05
Target
2005/06
Actual
2005/06
Target
2006/07
Source of
Evidence for
Indicator
Local
Indicator
C13
The percentage of food premises
inspections (hygiene) that should
have been carried out that were
carried out for high-risk premises.
79%
(570)
70%
106%
(576)
100% of As
to Bs
70% of Cs
FLARE
Local
Indicator
C14a
The percentage of Ds and Es
targeted for intervention by
methods other than inspection.
100%
30% by
inspection
50% by
other
methods
104%
(72)
100%
(221)
40% of Ds
and Es by
methods
other than
inspection
FLARE
Local
Indicator
C15
Number of food samples taken
(food hygiene and food standards)
102%
(155)
155
346
155
FLARE
Local
Indicator
C11
To promote good food hygiene
practice by facilitating two food
hygiene courses at Intermediate
level or above.
0 due to
lack of
demand
2 0 due to
lack of
demand
2 ( Basic
level only )
FLARE
Local
Indicator
C12
Respond to all Food Alerts within
the target times defined by FSA
Food Law Code of Practice.
100% 100% 100% 100% FLARE
Local
Indicator
Prepare and publish an Annual
Food Safety Service Plan compliant
with the Food Standards Agency
requirements (Forward Plan)
YES YES YES YES COMMITTEE
REPORT
Local
Indicator
Time spent at high risk premises as
a % of the time spent on proactive
inspections.
- - -
No Longer
a target
FLARE
Local
Indicator
The percentage of food standards
premises inspections that should
have been carried out that were
carried out for high-risk premises.
88%
(76)
100%
(82)
89%
(42)
70%
FLARE
Local
Indicator
The percentage of food standards
premises inspections that should
have been carried out that were
carried out for medium risk
premises.
49.86%
(357)
50%
(357)
52%
(168)
See target
above
FLARE
Local
indicator
The number of self assessment
questionnaires that should have
been sent to low risk food premises
that were sent out
New
target
New
target
New
target
200 FLARE
- 15 -
Due to the seasonal trading practices of many businesses in Torbay, it is often not possible for Officers to gain access to premises, to inspect, when the risk rating shows the visit is due. Every attempt is made to reschedule a more appropriate time. However in 2005/06 14 premises could not be inspected as they were seasonally closed. These will be rescheduled for 2006/07 season, and carried forward into the 2006/2007 target. However, as attempts were made to inspect all such premises, they have been included in the overall achievement of the target shown in Local Indicator C13 and C14a.
2.5 Demands on the Food Service 2.5.1 Environmental Health and Consumer Protection is responsible for in excess of
1977 food premises, 1782 of which are currently registered. Of these premises, a food safety approval under 853/2004 and 854/2004 covers 29 although this number will reduce due to the introduction of the new food hygiene legislation in January 2006. Included in this number are two large dairy products manufacturers, Brakes Manufacturing and Uniq Prepared Foods, to whom Torbay Council has a significant role as originating Authority. In addition, there are 27 butchers, 6 game dealers, 2 producers, 50 manufacturers, 13 distributors, 412 retailers, 1211 restaurants and other caterers.
2.5.2 The Food Safety Team also provides the Client function for the school meals
service provided by the Education Directorate. There are 33 schools that have this additional element of support and enforcement.
2.5.3 The Torbay area has already been described as primarily a tourist resort and there are a large number of hotels and other tourist accommodation throughout the Bay. Many of the smaller premises are seasonal, operating only between Easter and October each year.
2.5.4 The fishing industry based in the town of Brixham is a vital part of the local
economy. The port is the largest in England and Wales by value of direct landed catch, which totalled £20 million in 2006. Brixham Fish Quay is also a significant contributor to the work of the Teams, with a daily fish auction and a high concentration of fishery products approved establishments and regular exports both to the EU and other nations. There is also an offshore mussel farm which is sampled monthly and has Category B status. The Food Safety Team are also one of the consultees for the proposed new Fish Market that is due to start construction in October 2006.
2.5.5 Environmental Health and Consumer Protection is located at Roebuck House in
Torquay. Torbay Council also has a one-stop-shop in each town (Torquay, Paignton and Brixham) called Connections. Normal office hours are 9.00 a.m. to 5.00 p.m. however there is an out of hours emergency service which can respond to emergencies 24 hours a day, where an Environmental Health Officer is on call. Inspections are regularly conducted outside of normal office hours, depending on the ‘relevant business’ opening hours, so that maximum benefit is obtained from the visit.
2.6 Enforcement Policy 2.6.1 Torbay Council’s approach to enforcement reflects the responsibilities placed
upon it by the Food Safety Act 1990(the ‘Act’) and the Food Hygiene (England) Regulations 2006 and the range of powers that the Act/Regulations makes
- 16 -
available. The Council considers that the primary responsibility for ensuring food safety rests with the operators of food businesses and views co-operation with food business operators and others who have duties under the Act/Regulations as the best way of achieving compliance with the law.
It is Torbay Council’s policy that enforcement action, be it verbal warnings, the
issue of written warnings, statutory notices or prosecutions, is primarily based upon an assessment of risk to public health or the seriousness of any alleged offence.
2.6.2 Torbay Council endorses and fully supports the Principles of Good Enforcement
as set out in the Enforcement Concordat published by the Cabinet Office in March 1998. The Council formally adopted the Enforcement Concordat in 2000.
2.6.3 It is the Torbay Council’s policy to follow guidance on enforcement action
contained in the Statutory Food Law Code of Practice issued under Section 40 of the Food Safety Act 1990, Regulation 24 of the Food Hygiene (England) Regulations 2006 and Regulation 6 of the Official Feed and Food Control Regulations 2006. Any departure from this policy will be exceptional, capable of justification and will, where appropriate, involve consultation with the Devon Food Safety Liaison Group and LACORS. All food safety enforcement officers are required to support and comply with this policy and will be given sufficient information, instruction and training to enable them to do so.
2.6.4 Initial and ongoing training will be given to all food safety enforcement officers to
ensure they understand the requirements of this policy and abide by the terms of the policy when making an enforcement decision. In April 2000 the Enforcement Policy was amended to include a scoring matrix, against which decisions could be ratified. This new approach was welcomed by the trade.
2.6.5 All the Council’s employees hold identity cards, which state the name, position
and incorporate a picture of the cardholder. Enforcement Officers carry an additional identification card, again incorporating a photograph, which details their powers and duties under the legislation they have the powers to enforce. Enforcement Officers when calling at a home or place of business will always show their enforcement identification card.
2.6.6 Torbay Council will ensure that all recipients of its food safety service receive fair
and equal treatment regardless of race, ethnicity, gender or disability. 2.6.7 The Council endorses the principles laid down in the LACORS Home Authority
Principle and where Council enforcement action impacts on a firm’s national policy, the home authority will be consulted. The originating Authority (who ensures foodstuffs produced or packaged in their area comply with the law) will also be contacted.
2.6.8 Torbay Council has formally adopted and published an Enforcement Policy
relating to the work of the Environmental Health and Consumer Protection Division.
- 17 -
Section 3.0 – Service Delivery 3.1 Food and Feeding Stuffs Premises Inspections 3.1.1 The purpose of a food hygiene inspection is to establish whether food is being
handled and produced hygienically; to establish whether food is, or will be, having regard to further processing, safe to eat; identify foreseeable incidences of food poisoning or injury as a consequence of consumption of food. Officers visit premises on a routine basis, as well as when following up complaints, or when a new business opens within Torbay. Food standards inspections are undertaken to ensure that the label on the food product meets statutory requirements; that the labelling, advertising and presentation is not misleading; and that the composition is satisfactory so as to ensure quality and safety, accurately describes the food and its content. Officers often take samples and have them chemically analysed to ensure that the food standards provisions are complied with.
3.1.2 The Council aims to visit and inspect all premises over which it has enforcement
responsibility on a regular basis and in line with the targets set on a yearly basis. However, in view of the number of premises and the resources available, it is not practicable and not desirable to inspect all premises at the same frequency. In line with the new FSA Food Law Code of Practice and Guidance issued in March 2006 the frequency of inspection is based on the level of risk found to exist at each premise. The emphasis will be placed on premises where the level of risk is perceived to be highest.
The Council has adopted the priority planning system based on the requirements
contained within the Food Law Code of Practice to determine its programme of inspection.
Frequency of inspections for each premises is determined on a risk assessment
basis. To determine how often a premises is inspected we look at:
• The type of food and method of handling
• Whether there are any high risk processing activities
• The size of the business
• Compliance with food hygiene practices
• Compliance with structural requirements
• How confident we are in the management of the food business
• Whether the food handling practices we see could pose a significant risk to health
• The users of the food business (very old, very young or sick). This results in a score that determines the date of the next inspection (anywhere
between 6 months and 2 years) Revisits are not routinely undertaken to food premises before their next
scheduled inspection unless there is considered to be a significant issue, e.g. cleaning which requires such a visit or major structural works.
3.1.3 In 2006/07 the target number of food hygiene inspections is 1416. This figure
comprises:
- 18 -
Food Hygiene A � 5 } B � 171 } 70% C � 710 } --------------------------------------------------------------------------------- D � 213 } 40% by other means E � 125 } 50% --------------------------------------------------------------------------------- Unrated � 190 100% TOTAL � 1414 In line with the new Food Standards Agency Food Law Code of Practice we have
continued to use an alternative approach to low risk food premises for hygiene purposes. Rather than inspecting 100% of category E premises we aim to use an alternative enforcement strategy where the businesses are asked to undertake ‘self assessments’ to ensure their own compliance. This approach will also be adopted for unrated premises who have had a change of ownership, following receipt of their self assessment form they will be allocated a risk rating score and slotted into the inspection programme.
3.1.4 In addition the target number of food standards inspections is 695. This figure comprises:
Food Standards High � 38 100% Medium � 747 50%
3.1.5 The format of a food hygiene inspection has changed in relation to the way
information is communicated to the business at the end of the inspection. Following the production of a new inspection report form in 2005 much of the information following an inspection is now be left with the businesses at the time giving them a more immediate response on what issues need to be addressed in their business.
Where appropriate, a businesses Home Authority will be contacted following
inspection. Implications of the new Food Hygiene legislation introduced in January 2006 and
the associated new FSA Food Law Code of Practice and Guidance In January 2006 new food hygiene legislation was introduced in the UK and
across Europe to clarity and improve consistency in food law throughout the food production chain from ‘farm to fork’. Following these changes the FSA issued a new Food Law Code of Practice and Guidance in March 2006. The changes to the legislation and the new Code of Practice/Guidance has a number of implications on the work of the Food safety team, these are as follows:
a) The new legislation now requires all food businesses to have a documented
Food Safety Management System based on the principles of HACCP. As this is
- 19 -
a new requirement many of Torbays small to medium sized food businesses are and will continue to be requiring a considerable amount of help and advice to comply with this new requirement this therefore involves an increase of food officers time during normal routine inspections. As well as advice on inspections food businesses can also make use of the Safer Food Better Business pack developed by the Food Standards Agency and promoted throughout Torbay by the Food Safety team. More information on Torbay Council Safer Food Better Business Project can be found on Page 35.
b) There have been considerable changes in the Approval process for food
businesses such as fish processors and dairy manufacturers. This has and will continue to involve a large amount of officers time helping businesses to comply with the new food hygiene legislation.
c) Under the new legislation many more food businesses will fall under the Food
Premises Registration requirements e.g. childminders, farmers selling potatoes and fruit etc. This will mean an increase in the number of food businesses that are on Torbay’s Food Premises Register that will potentially require an inspection depending on their risk.
d) Training of officers. All of the officers in the Food Safety team have been trained
in the content and implications of the new legislation to ensure they have an up to date knowledge and are competent in enforcement of the new legislation.
e) The Authorisation of officers working in food safety have been amended to reflect
the requirements of the new legislation and to ensure they are properly authorised.
f) Due to the changes all of the standard letters and procedural documents used by
the Food Safety team have had to be amended and at the time of writing this process was still being completed.
g) From the 1st January 2006 the Butchers Licensing scheme is now no longer in
force and butchers shops now fall under the general food hygiene legislation.
h) Food officers have been given a number of extra enforcement notices to use eg the introduction of Remedial Action notices in Approved Premises and Regulation 27 notices to withdraw unsafe food from the market.
i) The Code of Practice requires food businesses to be inspected no longer than 28
days after they are due. Whilst every effort is made to comply with this timescale this can prove difficult due to the volume of premises in Torbay and the fact that there are a huge number of seasonal businesses.
j) The Code of Practice requires food businesses that operate outside of normal
working hours as well as normal hours to be inspected on an occasional basis outside of normal hours. In order to comply with this part of the Code food officers carry out a number of inspections/sampling visits outside of normal working hours.
- 20 -
Feeding Stuffs
New legislation has been introduced relating to the control of Feeding Stuffs. The Feed Hygiene & Enforcement (England) regulations came into force in January 2006. The main changes, the feed hygiene principles, to be introduced are:
• that all Feed Business operators will have to register with Trading Standards by 1st January 2006
• primary responsibility for feed safety will lie with the feed business operator
• feed safety throughout the food chain including primary production of feed, up to and including the feeding of food-producing animals
• Implementation of procedures based on HACCP principles together with the application of good hygiene practice.
The General Food Regulations 2004 have introduced traceability requirements
for all food and feed business operators. The traceability of food, feed, food-producing animals and any other substance intended to be, or expected to be, incorporated into a food or feed, shall be established at all stages of production, processing and distribution.
3.1.6 When a new food business opens within Torbay and applies for registration
under EC/852/2004, Torbay Council will register the premises within 28 days. Due to the frequent change of ownership of businesses within Torbay it has not been possible to visit all new premises as they are registered. They are therefore programmed for a visit in the following financial year depending on their risk rating determined by their completed self assessment form.
3.1.7 The regular fish market inspections are a significant workload shared across the
whole team. Visits are undertaken at least weekly, however, these do not show in the teams performance, owing to the way national statistics are collected. Similarly, not all sampling visits contribute to the overall total.
3.1.8 Revisits to food businesses outside the normal inspection programme will be
undertaken where serious food hygiene contraventions have occurred and Officers need to assess a premises compliance. During 2005/06 approximately 15.22% of inspected premises required Officers to revisit to check on compliance.
Owing to the limitations on the team, a variety of means, other than inspections
are utilised to contact businesses and maintain the premises database. These include:
• Using triggers for inspection, other than the planned inspection programme, e.g. consumer complaints, sampling programme, food poisoning outbreaks, food alerts for products sold.
• Using other Inspectors to trigger inspections, e.g. information received from Trading Standards Officers, Licensing Officers (Licensing Act visits), Registration Officers from the Commission for Social Care Inspection and OFSTED, Building Control Officers, Planning Officers, etc.
- 21 -
• Education Campaigns, e.g. Intermediate and Advanced Food Hygiene Courses, involvement in Food Safety Week, local exhibitions at trade forums, contact with Schools.
3.2 Food and Feeding Stuffs Complaints 3.2.1 Despite the routine inspection of food businesses and the sampling of foods,
there are occasions when things do go wrong and food becomes contaminated. Following a complaint of contaminated food an Officer will carry out an investigation to find the reason for and the source of the contamination. Various links in the supply chain, including retailers, wholesalers, producers, manufacturers and other Local Authorities may be contacted as part of this process.
3.2.2 Complaints about food or practices will be investigated as required following an
initial assessment, which will be made within 48 hours of receipt. 3.2.3 As a result of Environment Services Committee Report Env/61/99 there are a
number of food related complaints which Torbay will not accept. These are: (i) Food condemnations/voluntary surrender of food;
(ii) Complaints where all the relevant parts of the original packaging are not intact.
(iii) Associated products, e.g. snails in salad vegetables.
In addition, in accordance with the Local Authority Framework agreement, a Food
Complaints Policy has been produced which outlines the arrangements for dealing with food complaints between the Food Safety Team and the Trading Standards Team. This Policy, which is found at Appendix VI, also supplements Report No. Env/61/99 and further details when food complaints will be investigated and when no further action is warranted.
The Council will not normally reveal the identity of any person who makes a
complaint about food safety without the permission of that person. The Home Authority or Originating Authority will be contacted where appropriate
as part of the food complaint investigation. 3.2.4 Complaints about food and foreign bodies in food will be investigated as required
after an initial assessment has been made within 24 hours of receipt and within 15 working days where ‘home authority’ investigations are involved. The complainant’s details will only be revealed to the manufacturer with the permission of the complainant, once the investigation is complete. Where this is not forthcoming the complaint can only be investigated informally. However, should the investigation reveal serious breaches of food hygiene, then formal action may still be considered. A separate procedural document deals specifically with food complaint investigations.
- 22 -
3.2.5 Over recent years the number of complaints relating to food products, e.g. foreign object contamination, has decreased (Appendix I). In part this is due to members of the public preferring recompense from the retailer rather than independent investigation, and also the change in Council policy in 1999 to not investigate some food complaints.
3.2.6 Although the number of complaints is decreasing, the complexity of the
investigations and therefore the time taken to resolve issues is increasing. This is largely due to the trend for food to be imported into the UK and the trail back to the original producer, often cross-border ever complex. In 2005/06, Officers were involved in investigating 35 foodstuffs complaints.
3.3 Imported Food Responsibilities 3.3.1 All Local Authorities have responsibilities for imported food controls, Port Health
Authorities and local Authorities with seaports, airports, international rail links and Enhanced Remote Transit Sheds (ERTS) provide the first line of control on imported food to ensure it is safe and complies with EU&UK requirements. Although Torbay Council does not have any first port of entries, it is important that inland controls are also in place as significant amounts of food of non-animal origin (FNAO) will not have been physically checked at ports of entry and Products of Animal Origin may be illegally imported. As a Unitary Authority Torbay also have responsibilities for checking compliance of imported feed with animal feed controls.
3.3.2 During the course of routine food hygiene inspections or the investigation of
complaints, officers will give due consideration to imported food issues including where necessary appropriate documentary, identity and physical checks on imported foods. This years sampling plan includes a project to be completed on sampling imported foods from food businesses in Torbay, officers will also be distributing the new FSA leaflet on imported foods during their routine inspections. In line with new legislation issued by the Food Standards Agency in 2004, procedures within the teams are currently being developed in line with the Devon Food Sub Group to ensure that imported food and feed control are adequately covered. All food officers have received either external or internal imported food training in line with FSA guidance.
3.4 Home Authority Principle 3.4.1 Torbay acts as Home Authority for 11 food businesses that trade regionally or
nationally. Torbay aims to prevent infringements by offering advice and guidance, at source, for these businesses, in order to maintain high standards of public protection at minimum cost.
3.4.2 In addition to the formal Home Authority process, there are other food
manufacturing and catering businesses for which Torbay acts as the Originating Authority.
3.4.3 Owing to the types of premises for whom we act as Home Authority, the resource
implications are estimated as 30 working days per year.
- 23 -
3.5 Food Safety Advice 3.5.1 Food hygiene and standards advice is routinely given to proprietors as part of the
normal inspection process. However, additional help and assistance is regularly required when businesses are setting up, changing their processes or when there is a change in the law.
3.5.2 Food hygiene and standards advice, including labelling advice, is provided upon
request to all business proprietors, residents and visitors to Torbay. A full response (or if the enquiry is complex, an initial response) will be made to all enquiries within five working days of receipt.
3.5.3 The majority of advice requests are dealt with over the telephone, often with
supporting information sent by post. Requests requiring significant Officer time and input are recorded.
3.5.4 A variety of free information leaflets are available on all aspects of food hygiene
and food standards. Notices relating to additives in certain non pre-packed foods are made available to traders free of charge, as are display cards inviting visitors to Torbay staying at tourist accommodation to contact the Division for advice during their stay.
3.5.5 Producers of pre-packed food within Torbay may submit draft labels for
consideration and amendment prior to printing, to ensure they comply with current legislative requirements. Records concerning such advice are retained for a period of three years.
Previous trends are shown in Appendix 1. 3.6 Food and Feeding Stuffs Inspection and Sampling 3.6.1 Torbay recognises the importance that food sampling plays in the day to day
surveillance of food standards and its value as an assessment aid on food hygiene compliance within the Authority’s area. In order to proactively assess how particular premises are implementing good hygiene practices, labelling particular products or complying with compositional requirements, we take a variety of samples for both microbiological and chemical analysis.
3.6.2 The Food Safety Act 1990 and the Food Hygiene (England) Regulations 2006
permits Local Authorities to sample food and the Food Standards Agency’s Food Law Code of Practice include procedures to be followed by authorised Officers when procuring and handling food samples. Torbay Council has a Food Sampling Policy, which is available to businesses and consumers (Appendix IV). The policy sets out the Authority’s general approach to food sampling and its approach in specific situations such as process monitoring, home authority principle, inspections, complaints, special investigations and national, regional and local co-ordinated programmes. The food sampling plan will support the Council’s Corporate Themes and Policies and the annual Performance Plan. Samples may be taken formally or informally for a variety of purposes such as evidence for prosecution, routine monitoring of food standards or for survey or surveillance purposes. (The term food sample includes sampling of materials in contact with food, e.g. food packaging).
- 24 -
3.6.3 Each Team also prepares an annual sampling programme in accordance with the agreed strategy (Appendix V) which details the food sampling priorities, and reflects the LACORS and Health Protection Agency (HPA) national programmes, the requirements of specific regulations and any local concerns and local procedures. Results are forwarded to any co-ordinating bodies as appropriate.
3.6.4 All food sampling is undertaken in accordance with the requirements of the Food
Standards Agency Food Law Code of Practice. 3.6.5 Routine food sampling for hygiene takes place in accordance with the
documented programme. Complaints are received on an ad-hoc basis and not all require formal analysis or examination. Where samples are sent for formal analysis, we will provide the proprietor with a copy of the results and give advice on any improvements which are required.
3.6.6 All samples requiring microbiological analysis are submitted to the HPA, Exeter
NHS laboratory predominantly via the courier service at Torbay Hospital. Public Analysts Tickle and Reynolds, Exeter or Somerset Scientific Services provide analytical work.
3.6.7 Sampling related to food standards issues may arise from:- (i) Surveys: to check the accuracy of labelling and/or compliance with quality
standards across a range of similar products; (ii) Routine inspections of food premises in Torbay are carried out during which
goods for sale are examined and their labelling and presentation are checked. Some screen testing may also be undertaken. In the event of discrepancies being disclosed formal samples are procured.
(iii) Local Production: foodstuff manufactured from various raw materials within
Torbay.
(iv) Complaints from consumers or the business community regarding the Accuracy of food labelling, advertising, descriptions and quality standards relating to foodstuffs distributed within Torbay.
(v) Participating in the regional coordination of Trading Standards(SWERCOTS)
food chain group surveys. These surveys have potential to provide more useful results and as a consequence have more impact than smaller local surveys.
3.6.8 During 2005/2006, as well as Torbay’s own sampling programme, the Food
Safety Team participated in all of the LACORS/HPA coordinated sampling studies. These included:
(i) April to June – sandwiches from residential homes (ii) April to May – pre-packed salads (iii) July to September – pasteurised cheeses
- 25 -
The results of all these studies are collated together from authorities throughout the country who have participated and the final reports published. Any problems encountered on a local level are dealt with directly by ourselves by further visits and sampling.
During 2005/2006 the Trading Standards team undertook two imported food surveys for which funding was received from the FSA via SWERCOTS food chain group one for fish and one for coffee.
During 2006/07 we will be participating in all the LACORS/HPA sampling which
includes a shopping basket survey for Listeria and a mobile vans hygiene survey. In addition we will participate in the proposed Devon wide initiatives, which include vacuum packed cooked meats, soft ice cream and hommous. The Food Safety team will also carry out a number of their own surveys including sweet and sour sauces from ethnic restaurants, pies and pasties held at ambient temperature and foods imported from Third Countries via wholesalers. The Food Safety Team are also involved in the Food Standards Agencys sampling survey of raw shell eggs. Compositional and Quality Sampling planned for 2005/2006 includes spirit drinks, chicken products, fish and chips, takeaway ice-cream, shandy drinks, soft drinks and ham sandwiches.
In addition it is proposed to take feeding stuffs samples in line with the FSA national inspection programme. The legislation on feeding stuffs is changing this year and will include regulations on Feed Hygiene amongst other changes. The work to identify the farmers was completed in 2005/2006. Work to identify feed businesses has started and will be ongoing during 2006/2007.
3.7 Control and Investigation of Outbreaks and Food Related Infectious Disease
3.7.1 We investigate cases of infectious gastroenteritis which may be passed on in
food and water, i.e. food-borne disease. By law doctors are required to notify the local Health Authority of any one who is, or is suspected of, suffering from food poisoning and details are passed to the Environmental Health team at Torbay Council for investigation.
The reason for investigation is to:
• Attempt to ascertain what may have caused the illness and prevent further illness occurring if possible.
• Ascertain whether any local business premises are implicated and inspect where necessary.
• Give the person or person’s carer more information. The Food Safety Team received 212 individual notifications of infectious disease,
mainly food poisoning, and investigates numerous outbreaks every year. All confirmed cases are notified to the Council by the Consultant for Communicable Diseases (CCDC) at the Devon Health Protection Unit. All are investigated to try and determine how the infection was caught. This information is then used to prevent the spread of infection to others and where possible, to prevent it happening again. Sometimes this can lead to enforcement action in food premises or the withdrawal of contaminated food from sale.
- 26 -
As Torbay is predominantly a tourist area the potential for outbreaks, particularly
those of a viral nature, are significant. A large proportion of our hotels open all year round and rely on coach parties as their main trade. This makes predicting future problems difficult.
A separate procedural document gives specific guidance on this issue. Torbay’s
Environmental Health and Consumer Protection Division has developed a policy for dealing with viral outbreaks, which assists both enforcement staff and businesses in controlling the outbreak. This policy has been endorsed by the CCDC and is used by other Authorities in the region.
As in previous years, viral outbreaks have been an ongoing concern and a
considerable amount of officers time is spent in the investigation of these outbreaks.
3.7.2 As a result of Environment Services Committee report 66/99 the Council will not
investigate: (i) Allegations of sporadic food poisoning without clinical confirmation; (ii) Allegations of unconfirmed food poisoning where the exact food eaten are
unknown. 3.7.3 Torbay contacts all persons suffering from confirmed infectious disease within its
area, notified by the CCDC. Each confirmed case is questioned (except campylobacter) in accordance with CCDC guidance, and provided with personal hygiene advice. Where an outbreak is detected, Officers will investigate and take steps to control the spread of infection. In cases where the causative agent is viral, Officers will ensure that the agreed viral protocol is implemented.
Previous trends are shown in Appendix 1. 3.7.4 Torbay Council works closely with the CCDC at the Devon Health Protection
Unit, collecting information about the incidence of disease in the community so that where necessary health education and promotion can be targeted at parts of the community most affected.
3.8 Food Safety Incidents The Division receives food safety incidents by a number of means, namely
through TS Link, EHNET, through the Food Standards Agency website, the LACORS website or through local intelligence. Recent developments by the Food Standards Agency have also resulted in hazard alerts being sent direct by e-mails. All food alerts received are responded to in accordance with the Food Standards Agency Food Law Code of Practice.
An initial response within 24 hours (but preferably on the same working day
notification is received) will be made to all food alerts received from the Food Standards Agency. A file of these alerts will be retained in the central system. The way in which food alerts are handled is the subject of a separate procedural document.
- 27 -
3.9 Liaison with Other Organisations 3.9.1 Owing to the diverse nature of food safety enforcement, it is vital that regular
liaison occurs between other Agencies and statutory consultees. Such meetings promote consistency of approach and enable good practice to be identified and implemented. A representative from the Food Safety Team, normally the PEHO (Food Safety), attends the Devon CEHO’s Food Sub Group, which meets bi-monthly. The group develops and shares good practice across the region. The group comprises a representative from each of the ten Devon Authorities, plus CCDC representation and representatives from both HPA, NHS Laboratories.
3.9.2 Torbay is represented on the CCDC Control of Infection Committee. This group
feeds back via the main Food Sub Group and deals specifically with infectious diseases.
3.9.3 Trading Standards and the Food Safety Team is currently represented on the
SWERCOTS Food Chain Group. An Officer attends quarterly meetings, offers advice on queries and shares their results of sampling and inspections with other Local Authorities and analysts represented.
3.9.4 It is proposed that an officer from Trading Standards will attend the SWERCOTS
Feeding Stuffs group from this year. 3.9.5 The Food Safety Team has close links with other professions such as Building
Control and Planning. The planning and building control application lists are circulated to the Food Safety Team on a weekly basis, and Officers declare an interest and follow up on relevant applications. In cases of difficulty or controversy, joint meetings occur between Food Team Officers and those of the other professions.
3.10 Food and Feeding Stuffs Safety and Standards Promotion 3.10.1 Food Hygiene Training The Council recognises their role in the promotion of food hygiene training and
will ensure that local businesses have access (not necessarily through us) to the right kind of training and in particular will seek to offer food hygiene training. Where possible the Council will strive to ensure that the cost of the training is not a barrier to any person or group who would benefit from it.
During 2005/06 no food hygiene training courses were held due to changes in
staffing and the large number of Safer Food Better Business seminars being run by the team. In 2006/2007, however, the Food Safety Team plan to offer two Foundation level food hygiene courses for food businesses in Torbay.
3.10.2 Safer Food Better Business project
This project has been designed to help small to medium sized food businesses in Torbay comply with the requirements of the new food hygiene legislation introduced in January 2996. For further details on this see Page
- 28 -
3.10.3 Promotion The Division makes available a range of free information leaflets on all aspects of
food safety and infectious disease. Most leaflets are available in a range of languages other than English, if required.
Where possible, the promotion of food safety is linked with national events, both
to improve the overall impact and to ensure media coverage of events. National Food Safety Week in June each year is organised by the Food and
Drink Federation, in association with Government departments, regulatory bodies and other interested parties. The aim of Food Safety Week is to provide a broad food safety focus encompassing key food safety messages dealing with safe storage, temperature control (both cooking and chilling), avoiding cross-contamination, kitchen cleanliness and hand-washing.
As part of the Council’s activities for National Food Safety Week in 2005, we
organised talks to 10 primary schools including talks on protecting themselves from harmful bacteria and demonstrations on effective handwashing. The campaign locally was supported by the School nurses who worked alongside officers from the Food Safety Team. Approximately 1200 children were visited in 10 schools.
The Torbay Bridge Group Business Advice Day and open day was supported by
the Department. Information on food safety, health and safety and secondhand smoke in public places was available and taken by a large proportion of food local food businesses during the day.
1 Formal Action Of the 1075 food hygiene inspections of premises undertaken, 407 needed a
formal letter requesting that improvements be carried out. In addition, 44 improvement notices were served at 9 different premises to
ensure compliance with food hygiene legislative requirements.
- 29 -
Section 4.0 – Resources 4.1 Staff Allocation
Team EHO /
FSO
EHORB Inspect
High Risk
APC or
equiv.
FTE Other
Assistant Director
EHO YES YES YES 0.2
Food Safety Team
Principal EHO
EHO YES YES YES 0.8
Senior EHO
EHO YES YES YES 0.8 Lead
Assessor Senior EHO (School
Meals Client Officer)
EHO YES YES YES 0.1 Lead
Assessor
Senior EHO
EHO YES YES YES 0.8
Senior EHO EHO YES YES NO 0.8
Senior EHO EHO YES YES YES 0.4 Lead
Assessor EHO EHO YES YES NO 0.8 EHO
EHO YES C or below
until
experience
gained
NO 0.8
SFBB Project Manager
(Senior EHO post) – SFBB
work only
EHO YES Not
applicable
YES 0.4 Not
applicable
Trading Standards Team TSO /
EO
Dip TS Dip CA QA
Training
FTE Other
Trading Standards
Manager
TSO YES YES 0.05 DBA
Lead
assessor
Trading Standards Officer
TSO YES - - - YES 0.1
Trading Standards Officer
TSO * YES YES 0.25 Lead
assessor
* Long serving trading standards officers holding one of the certificates that preceded the Diploma in Trading Standards.
- 30 -
4.2 Staff Development Plan 4.2.1 Staff development is an ongoing process and takes the form of both formal
structured training and ongoing workplace training. Training is made available wherever possible.
4.3.2 Each team has a monthly Team meeting which provides opportunities for staff to
raise any relevant issues, including those relating to consistency, in an open forum situation.
4.3.3 Procedural manuals are regularly reviewed with the teams as a whole. Officers
then have the opportunity to influence future work and direction. 4.3.4 Wherever there are new requirements, formal training is made available
wherever possible. Torbay Council are committed to ensuring all its food officers achieve ten hours continuous professional development per annum, in accordance with the Food Standards Agency Food Law Code of Practice.
In 2005/06, all food hygiene enforcement officers achieved the minimum 10 hours CPD requirement, through both formal training activities and in-house updates and peer reviews.
The training activities undertaken by the Team included:
• Food Law update seminar
• Food labelling training
• Safer Food Better Business training
• Inland enforcement of Imported Foods ( Intermediate level)
• FSA vacuum packing training
• Smoke free workplaces update training
- 31 -
Section 5.0 – Quality Assessment 5.1 Quality Assessment Torbay Council recognises the need to measure the effectiveness of its food
safety enforcement duties. Auditing is seen as part of this process to ensure that its procedures result in high quality and consistent inspections. The interpretation and action taken by Officers following an inspection should also be consistent within the Authority.
It is the responsibility of the Authorised Officer and administrative support staff to
periodically audit their performance and bring any major shortfall to the attention of the appropriate Team Manager. Authorised Officers must ensure that they uniformly apply standards and monitor compliance with those standards in accordance with the Authority’s procedures.
Policies and procedures will be reviewed and amended as necessary by the
relevant Team Manager, to take account of the introduction of new items such as legislation, LACORS and Food Standards Agency guidance, changes in responsibility, etc. All proposed changes to the policy will be channelled through the relevant Team Manager who will take the lead role and ensure that such reviews are undertaken at least annually.
5.2 Qualifications and Training The Authority will ensure that it only appoints appropriately qualified and
experienced personnel to food safety enforcement duties. All authorised Officers will be trained and qualified to the levels specified in the Codes of Practice.
Additionally, the Authority will ensure that all authorised Officers will have the
opportunity to complete ten hours of Continuous Professional Development in food matters in accordance with the Food Standards Agency Food Law Code of Practice.
- 32 -
5.3 Procedural Documents In accordance with the Food Standards Agency requirements contained within
the ‘Framework Agreement on Local Authority Food Law Enforcement’, Torbay Council is committed to implementing the policies and procedures required by this standard. A range of procedural documents have been issued in the form of ‘controlled’ documents, and these are currently being reviewed and amended in light of the new food hygiene legislation introduced in January 2006.
Food Hygiene Food Standards / Feeding Stuffs
Document Control System
� Working towards
Authorisation Procedure
� �
Training System
� �
Equipment Maintenance and Calibration
� �
Procedure to prevent loss and corruption from databases
� �
Inspection Procedures
� �
Complaint Policy and Procedure
� Working Towards
Procedure for keeping premises database up to date
� �
Sampling programme/policy
� �
Outbreak control procedure
� Not applicable
Food related infectious disease investigation procedure
� Not applicable
Food alert procedure
� �
Enforcement policy
� �
Procedure for complaints about the service
� �
Internal monitoring procedure � Working Towards
Imported Food Controls
In process of being produced by the Devon Food Sub Group
Working Towards
- 33 -
5.4 Standard Letters Each Officer involved in food hygiene work is issued with standard phrases and a
file of standard letters in the form of controlled documents is held centrally. Each approved format is signed by the Principal EHO (Food Safety) and cannot be changed without their prior consent and the reissue of a signed amendment. The Principal EHO (Food Safety) periodically reviews the formats and issues amendments as required.
5.5 Updates All documentation received by the Food Safety Team is viewed by the Principal
EHO (Food Safety) prior to distribution. Any documents relevant to the Team as a whole are circulated via the circulation file system. It is each Officers responsibility to ensure that they take note of the relevant issues contained within this file. All circulation must be returned to admin for central filing within six weeks.
5.6 Outgoing Correspondence All Officers sign external correspondence in their own name. The Principal EHO
(Food Safety) or Trading Standards Manager (as appropriate) will look at a random sample of outgoing correspondence to ensure consistency.
5.7 Food Stuffs Complaints Before completing a food hygiene complaint investigation, all Officers are
required to complete the food hygiene complaint investigation form. The final page of this document requires the signature of the Principal EHO (Food Safety) to agree the course of action.
Food standards complaints are dealt with using the same procedures as for other
consumer complaints. Officers are only expected to consult the Trading Standards Manager in cases of uncertainty.
5.8 Quality Monitoring Visits Quality monitoring visits will be undertaken for all food hygiene enforcement
officers. Bi-annually an independent assessor and the Food Team manager will accompany each Officer when conducting a food hygiene inspection. The inspection will be assessed in accordance with the prescribed procedures, detailed in a separate document.
5.9 Results and Development Annual Review Torbay Council provides for personal review and development through its
RADAR procedure. At least twice a year each employee is given the opportunity to raise and discuss issues with their line manager, and agree performance or personal development plans. Such issues may impact on quality.
- 34 -
5.10 Customer Feedback As well as responding to complaints, Torbay Council aims to continually provide
services in line with customer needs and expectations. To achieve this, we need feedback from service users on how we are performing and whether we are keeping them properly informed about their particular issue or application. We randomly survey all service users to gage our performance.
During 2005/2006, postal surveys were sent to a number of premises who
received a food hygiene inspection and to complainants. The results of these surveys can be found at Appendix VII.
5.11 Benchmarking The Authority is an active member of a food safety benchmarking group
comprising the other Unitary Authorities of Swindon, Poole, Bournemouth and Brighton and Hove. Two full statistical benchmarking exercises have already been completed and the group has shared the information from this. In 2005/2006 issues such as authorisations, the new food hygiene legislation and Safer Food Better Business project work have also been discussed and good practice shared between the Local Authorities.
5.12 Maintaining Premises Database The Environmental Health and Consumer Protection Division operates and
maintains a property database known as Authority. The system holds property-based information on all known food businesses within Torbay, and other properties with whom we may have had contact. Significant changes have been made to the procedure followed when amending, closing or inserting premises on Authority. A more comprehensive audit trail is now in place to try to ensure the integrity of the data.
All premises known to be commercial food businesses are identified on Authority,
whether or not they are food premises registered. It is from these identifiable premises that the inspection targets and list of premises due for inspection are generated.
Owing to the nature of Torbay as a resort, many premises close down during the
winter months and often change ownership or the nature of the business during this time. For this reason Officers are allocated a geographical district to enable them to identify such premises and necessitate additional contracts with the premises and enable the Authority database to be updated.
- 35 -
Section 6.0 – Review 6.1 Review Against Service Plan The 2005/06 Service Plan has been reviewed by the Assistant Director
(Environmental Health & Consumer Protection), Principal Environmental Health Officer (Food Safety) and Principal Trading Standards Officer.
At the beginning of 2005/2006 the Food Safety Team suffered from staff
shortages due to a number of food officers transferring to the Safety and Licensing team, one of the Senior EHOs also left for a career break and in December 2005 one of the part time Senior EHOs left for a years maternity leave. This loss in capacity was somewhat redressed by employing an external consultant to assist in the inspection of premises for food hygiene purposes and the Food Safety Team is now fully almost fully staffed again.
Despite these difficulties and the increased workload due to the introduction of
the new food hygiene legislation in January 2006 the teams have performed well over the last 12 months as the performance measures on page 14 show. Much is made of the need to inspect all food premises in accordance with the Food Standards Agency risk assessment, however, this is one of a number of tools the teams use to improve food safety and control infection, and other equally important facets of their work should not be underestimated. It is often the non-inspection work which takes the time and immediately effects public safety and health and therefore is prioritised over inspections.
There have been a number of notable events and achievements which the teams
have lead over 2005/2006:- (i) Promotion of National Food Safety Week
The Food Safety Team proactively promoted National Food Safety Week in conjunction with the Primary Care Trust to encourage good hygiene in the home. Officers gave talks to primary schools on hand washing, and practically demonstrated the difficulties of “getting it right” with a UV light machine.
(ii) The Torbay Safer Food Better Business project
In 2005 the Food Standards Agency awarded Torbay Council a grant of £120,000 to assist with the implementation of the Safer Food Better business system in catering premises and help them comply with the new requirement to have a documented food safety management system based on HACCP principles. As a result of this grant funding the Food safety team has set up a Torbay Safer Food Better Business Project, this project was started in October 2005 and will run for 18 months led by a newly appointed Project Manager assisted by 3 former Environmental Health Officers who have been trained to run workshops and half day one to one coaching sessions with the businesses.
To date we have carried out three mailshots to specific targeted businesses and have distributed two newsletters publishing the workshops. In Torbay the food businesses have been very receptive and enthusiastic, in the first six months of the project up to the 31st March 2006 a total of 17 workshops have been held with a total of over 400 delegates attending representing approx 320 food
- 36 -
businesses in Torbay. Each workshop is free of charge to the delegate and each delegate is supplied with a free Safer Food better business pack and is offered a free one to one coaching session following the workshop to help them implement the pack in their own business.
The project has also involved liaison with the catering department at South Devon College and their catering tutors have attended a SFBB workshop. The Food Standards Agency are also reported to be extremely pleased with our achievements in this project and in March two FSA observers visited Torbay to see how our workshops and coaching sessions are being run. In 2006/2007 the aim is to run the remaining 13 workshops, two of which have been targeted at the ethnic (Chinese and Indian) restaurants and the remaining one to one coaching sessions.
(iii) Food Alerts During 2005/2006, 19 food alerts were received requiring immediate action.
These are prioritised over programmed inspection work and involved several days of additional work by most Officers in each instance e.g. Sudan 1.
Brixham Infant Lifeskills
In 2005/2006 the team again participated in the Brixham Infants Lifeskills day. This multi agency event was attended by 130 primary school children who received guidance on hand washing using the UV light detector.
(iv) Serious Breaches of Food Safety Practice Whilst food premises inspection are undertaken to ensure food safety standards
are maintained and legislative compliance achieved, formal action by way of prosecution or formal caution is always the last resort in ensuring compliance. Most of the teams’ work involves educating proprietors and encouraging them to change their practices and procedures to ensure food safety is not compromised. There are however occasions when this approach fails and serious breaches cannot be ignored. During 2005/2006 there has been one occasion where a premises voluntarily closed due to serious breaches of food hygiene legislation and the extremely poor conditions found. Whilst there have been no formal prosecutions taken in 2005/2006 two prosecution cases are currently being drawn up due to serious breaches of the food hygiene legislation found in the businesses.
(v) Intermediate/Advanced Food Hygiene Training Due to staff changes an Intermediate Food Hygiene course could not be offered
in 2005/2006. The Food Safety Team however still continued to promote the food hygiene courses offered by local companies in the Bay. It is hoped that the team will run two Foundation courses in Food Hygiene in 2006/2007.
- 37 -
(vii) Food & Safety Bulletin
As part of our commitment to educating and giving advice to proprietors, a food and safety newsletter was introduced in 2004 to provide information and updates on current food and safety issues. The Bulletin has proved to be welcomed by the Trade and has continued over the last year and will be continued into 2006/2007.
The School Meals Service The school meals service provided by the School Meals Client officer who is based within the Food safety Team has been involved in the following work during 2005/2006:- a) Working with a number of schools to improve their structural facilities e.g.
Combe Pafford and Sacred Heart schools. b) A continuation of the work with Devon Direct Services to promote healthy
eating and changes to school menus to reflect this. c) Responding to the DFES on the Turning the Tables consultation document
designed to develop nutritional standards for school meals. d) Organising and releasing of grant money to schools in relation to the
provision of school meals. e) Work on the production of a Torbay Schools Food Strategy. f) Completion of a number of food samples of school meals for nutritional
analysis. g) The provision of new vegetable preparation machinery to allow a school to
provide more fresh vegetables. h) Work undertaken on the Herald Express Can Do campaign. As a result the
school caterer from Shiphay Primary School was presented with an award for their supply of fresh vegetables.
The Eat Wise Pack for caterers – healthy childrens menus
The Food Safety Team has continued to keep up to date with the Governments Choosing Health Delivery Plan and strives to consider relevant projects which could be undertaken to fulfill the spirit of the White Paper. One such project that has been developed during 2005/2006 is the production of a pack for catering premises to help them to improve their provision of healthy meal choices for children. For this project Torbay Council was awarded a grant of £6000 from the South west Public Health Observatory This pack is supported by the Devon Food Sub group and once it is complete it is hoped that it will be used across Devon. In 2006/2007 a seminar for catering businesses will also be held to promote the new pack and raise the awareness of caterers to the importance of providing healthy childrens meal choices.
(viii) Self Assessment Questionnaires
As part of a proposed National Initiative, the team continued a scheme of self-assessment of food premises previously classed as low risk.
- 38 -
Questionnaires and information booklets were sent out to 221 premises. Returned questionnaires were assessed and followed up as appropriate. This ‘alternative’ approach continued to be very successful with a 76% return rate and will be repeated during 2006/2007 to comply with the new Food Standards Agency Food Law Code of Practice which states that E risk premises can be addressed by an ‘alternative enforcement strategy. This alternative strategy will also be used in 2006/2007 for premises that become unrated due to a change of ownership.
6.2 Identification of any Variation from the Service Plan As outlined above, staffing issues in both the Food Safety and Trading Standards
at the beginning of the year have resulted in a number of alternative methods of service delivery being used e.g. Self assessment for low risk premises, the use of an external consultant. As well as striving to complete statutory targets the teams have undertaken a number of proactive projects not originally identified in the Service Plan for 2005/2006. In the 2005/2006 plan the development of a Business Forum was identified as a target and whilst initial work on this has been completed progress on this has been slower than expected due to the increased workload of the introduction of the new food legislation in January 2006, it is hoped that the development of the Business Forum will be progressed in 2006/2007.
6.3 Areas of Improvement The Environmental Health and Consumer Protection department is constantly
striving to improve the service it delivers to its customers. A number of areas have been highlighted as areas of possible improvement and development. They are as follows:-
a) Communication with catering businesses
In 2006/2007 the Food Safety Team will be looking to progress the development of a Business Forum to improve the channels of communication and consultation with food businesses in Torbay. This process has already improved considerably with the introduction of the Safer Food Better Business project in October 2005 and further work will be undertaken to progress this improvement.
b) Partnership working to deliver Choosing Health objectives
Whilst this process has already started with a recent visioning day to look at joined up working between the Environmental health and Consumer Protection department and the Torbay Care Trust, much work has yet to be done on this. A draft workplan has been developed to look at the partnership working between the Torbay Care Trust Healthy Lifestyles Team and Environmental Health including the Food safety Team on issues such as healthy eating, obesity etc. There is also a proposal to hold a Healthy Lifestyles event where the Food Safety Team would have a possible input.
- 39 -
c) The Authority database To improve the efficiency of food safety data monitoring a considerable
amount of work will be undertaken in 2006/2007 to the Authority database and the standard letters system to ensure all standard letters, service requests are linked through Authority. This will help to provide a more streamlined system and improve monitoring data produced from the Authority database.
d) Increasing caterers awareness of Allergens in food
Following a training course for Food officers on allergy awareness, the Food Safety Team will be raising caterers awareness of allergens in food by distributing the Food Standards Agency leaflet on allergens and producing promotional material on this issue such as a press release and an article in the Food and Safety newsletter.
e) Publication of Food Premises information
Over the past year the Food Safety Team has received a number of Freedom of Information requests relating to food business information. As a result of this in 2006/2007 the team will be looking into the possibility of introducing a ‘Scores on the Doors’ type system where certain data on food businesses e.g. food inspection reports would be published by the Local Authority.
e) Promotion of Smoke Free Workplaces In the run up to the proposed introduction of new legislation in the autumn of 2007, the Food Safety team will be promoting smoke free workplaces in Torbay and offering advice to businesses prior to and during its implementation.
- 40 -
APPENDIX I
TRENDS Infectious Diseases and Notifications
0
20
40
60
80
100
120
140
160
180
200
220
240
260
280
300
320
340
I n fe c ti o us Di s ea s es No t if i ed
O ut b re a ks
1998/99
1999/2000
2000/01
2001/02
2002/03
2003/04
2004/05
2005/06
- 41 -
APPENDIX I
TRENDS Percentage of food samples taken found to be unsatisfactory
0
25
50
75
100
125
150
175
200
225
250
275
300
325
350
1998/99 1999/00 2000/01 2001/02 2002/03 2003/04 2004/05 2005/06U
nsa
tisf
acto
ry
Sa
mp
les
(Mic
ro
) a
s a %
of
tho
se t
ak
en
To
tal
Nu
mb
er o
f S
am
ple
s T
ak
en
Unsatisfactory Samples (Micro) as a % of those taken
Total Number of Samples Taken
- 42 -
APPENDIX I
TRENDS Service Request/Complaint Response Time Analysis
__________________________________________________
0
10
20
30
40
50
60
70
80
90
100
S e rv i ce Re qu e st En vi r on me n ta l H ea l th %
T ra di n g S ta nd ar ds Co mp l ai n ts ( 3 d ay s ) %
1998/99
1999/2000
2000/01
2001/02
2002/03
2003/04
2004/05
2005/06
- 43 -
Service Requests Received (month by month)
2002/2003 - 2003/2004 – 2004/2005 – 2005/06
0
10
20
30
40
50
60
70
80
90
100
110
120
130
140
150
160
170
180
April
May
June
July
August
September
October
Novem
ber
Decem
ber
January
February
March
2002/03 2003/04 2004/05 2005/06
- 44 -
Infectious Diseases Notified (Month by Month)
0
5
10
15
20
25
30
35
Ap ri l
Ma y
J un e
J ul y
Au gu st
S ep te mb er
Oc to be r
No ve mb er
De ce mb er
J an ua ry
F eb ru ar y
Ma rc h
Sporadic 2002/03 Outbreaks 2002/03 Sporadic 2003/04
Outbreaks 2003/04 Sporadic 2004/05 Outbreaks 2004/05
Sporadic 2005/06 Outbreaks2005/06
- 45 -
Appendix II
Food Sampling Policy Statement of Policy
Statement of Policy Torbay recognises the importance that food sampling plays in the day to day surveillance of food standards and its value as an assessment aid on food hygiene compliance within the Authority’s area. The Authority wishes to fulful its statutory sampling role both strategically and tactically. Food sampling will support the Council’s Corporate Themes and Policies and the annual Performance Plan, with particular reference to supporting the economy and ensuring Torbay is a clean and attractive place for both residents and visitors. The Authority will produce an annual food sampling plan in consultation with the Public Analyst and Public Health Laboratory Service. Food samples will be taken where there is a public benefit or concern and will be used to indicate to businesses their compliance with the law. The Authority will target sampling on products or ingredients where risk is perceived high and benefit can result from the information gained. Sampling will normally target food samples capable of being measured against a recognised or otherwise legitimate or “usual” standard. Food sampling will be used tactically to aid compliance checking; to support food hygiene and food standards inspection processes and to aid when appropriate complaint investigation. The Authority accepts that its approach to sampling should not place unreasonable financial burdens on businesses but whilst it will on occasions purchase samples, in particular, when enforcement action is anticipated under the Food Safety Act 1990 or under the Food Hygiene (England) Regulations 2006 and for surveillance purposes it will whenever possible promote a partnership approach for the public good requesting businesses to provide the food sample freely and for the Authority to accept the cost of analysis. A record of sample taken or receipt will be provided to the owner of the sample. The Authority will investigate all samples reported as unsatisfactory following analysis and will inform the business of the unsatisfactory result.
- 46 -
Appendix III
Strategy for Producing a Food Sampling Plan The strategic approach to food sampling will ensure that the Authority makes a full contribution to national, regional or specialised sampling programmes, for example, those required by the European Commission, the Local Authority Co-ordinating Body on Regulation Services (Lacors) and those required from premises subject to approval under853/2004 and 854/2004. The plan will give priority to:-
• Samples taken from food manufacturing premises, particularly those for which the Authority acts as Home Authority.
• Samples of foods, which are manufactured or pre-packed on retail premises for direct sale.
• Samples of foods targeted at vulnerable persons such as the young and elderly.
• Samples of foodstuffs determined by risk assessment or hazard warning to present the greatest risks of harm to the consumer.
• Samples to determine compliance with food standards legislation and to detect deliberate fraud by adulteration or substitution.
• Samples to determine the standards of lower priced foods, meat and non-meat products alike, often known as economy products and often the only choice available to those suffering financial hardship.
• Samples of food from itinerant traders where the origins or background history of the product are not always well known.
• Samples taken to monitor the reduction of pathogens throughout the food chain as a whole and to identify and reduce microbiological contamination of businesses’ raw materials and processed outputs.
The plan will include food samples taken as a result of:-
• Product complaints particularly repeated complaints.
• National survey.
• Devon-wide initiatives.
• Statutory samples required by product specific legislation.
• Determination of fitness for export certification.
- 47 -
• Known local problems based on intelligence available.
• Products containing additives and contaminants which are controlled for health reasons or which claim to have health benefits.
The plan:-
• Will remain flexible to deal with unforeseen events and pressures on sampling, which may occur, in response to food hazard warning, outbreaks of illness or raised widespread public concern, etc.
• Will be drawn to operate within the budgetary provision or quota allocation, where appropriate, for the function.
• Will whenever possible co-ordinate sampling initiatives with neighbouring or partner Authorities to take full advantage of economy of scale to reduce analytical costs.
The consumer protection factors determining the level of sampling undertaken during or following inspections are:-
• Level of risk to individual consumer’s health.
• The size and vulnerability of the consumer market.
• Whether reckless act occurred or intentional fraud was intended.
• The financial advantage gained by the trader through the perpetuation of the infringement.
See sampling plan for 2006/2007.
- 48 -
SAMPLING PROGRAMME – FOR 2006 - 2007
Month
Type of premises/food
Number of samples
Number taken
Food
Water
Food
Water
April
Sweet & sour type sauces stored at ambient in ethnic restaurants FSA egg survey Fish products Dairy products
3 3 3 3 1 3
1 1 1 1 2 2 2 2 2 2 2 2 2 2 1
- 49 -
Fish Market & Mussels
2
1
May
Vac packed cooked meats Fish Market & Mussels FSA egg survey
3 3 3 3 3 3 6 3 2 1
1 1 1 1 1 1 1 1 1
Lacors – shopping basket survey for Listeria
10
June
Lacors – Mobile vans hygiene survey
10
10
- 50 -
Fishery products Fish Market and Mussels FSA egg survey
3 3 4 3 4 2 3 2 1
2 2 2 2 2 2 2 2 2 2
Andrew Walker – School Meals Nutritional sampling (non- credit samples)
20
July
Devon food sub group ie.
- ice cream Local Crab sampling – kiosks FSA egg survey
10 10 1
- 51 -
Fish Market & Mussels
1
1
August
Devon food sub group survey
- ice Cream Fish Market FSA egg survey
10 1 1
10 1
September
Lacors shopping basket survey – Listeria Fish Market & Mussels FSA egg survey
10 1 1
1
October
Dairy products Fish Market & Mussels
3 2 2 1
1 2 2 1
- 52 -
FSA egg survey
1
November
Devon food sub group survey
- Hommous Fish Market & Mussels FSA egg survey
10 1 1
1
December
Fish Market and Mussels
1
1
January
Fish Market and Mussels Pasties stored at ambient premises to be confirmed
1 10
1
February
Fish Market and Mussels Imported food sampling premises to be confirmed
1 10
1
March
Fish Market and Mussels
1
1
- 53 -
Appendix IV
FOOD COMPLAINTS POLICY
- 54 -
1.0 Introduction This document forms the Policy of Torbay Council in relation to food complaints
received under current food legislation
2.0 Types of Complaints The Environmental Health Department receives complaints from members of the
public regarding food purchased or manufactured within Torbay. Such complaints include:
• Food containing foreign matter. Examples are food containing glass, wood, metal and other contaminants.
• Food which was found to be mouldy at the time of purchase. Examples include mouldy pies, pasties, bread and other perishable foods.
• Food, which is allegedly, unfit for human consumption or unsafe and placed on the market. Examples include abnormally smelling fresh chicken and other meat of meat products.
• Food, which is alleged to have caused food poisoning symptoms and includes foods purchased ready to eat, takeaway or restaurant meals.
• Food, which has exceeded its labelled use by date. Including tampering or alteration of the dates.
• Food, which may be contaminated with chemicals or contain undeclared constituents.
• Food, which is alleged to have caused an allergic reaction.
• Food, which is wrongly labelled adulterated or falsely presented, advertised or incorrectly described on a menu. Examples include non-provision of required information/false or misleading descriptions and claims/inadequate product information/non compliance with prominence, legibility and clarity requirements.
• Food, which does not meet it’s nutritional and other claims, including medicinal claims.
• Food, where there is composition queries for example non-compliance with specification/species/additives.
• Food, which has been packaged unsatisfactorily or in wrong kind of material.
• Food, which is from prohibited sources and products.
The department also receives complaints from other Local Authorities regarding food, which has been manufactured within Torbay but purchased outside.
- 55 -
3.0 Legal Duties Under the Food Safety Act 1990, The Food Hygiene (England) Regulations 2006
and associated legislation Food Authorities have a duty to enforce the legislation relating to food purchased or manufactured within their area. There is a requirement to follow Food Standards Agency Food Law Code of Practice and Guidance (England) relating to enforcement and any action taken must be in line with the Authority’s Enforcement Policy and be proportionate to the risk to public health where applicable
4.0 Actions
All food complaints received by Torbay Council are dealt with by either the Food & Safety Team or the Trading Standards Team. All complaints received by the Food & Safety Team will be dealt with following the procedure outlined in procedural document FPD9 “procedure for good complaints”. This document outlines facilities for transfer of complaints to other enforcing Authorities, the sampling of good and the recommended action to be taken. A separate procedure is followed by the Trading Standards Team.
5.0 Decision to Investigate Food Complaints Complaints are often received from members of the public who have thrown the
food away, do not want to cause a problem to the business, are not prepared to make a fuss or have already contacted the business and obtained an unsatisfactory response. These complaints are often difficult to follow up and may be very time consuming with no satisfactory outcome. Complaints are often of a serious nature and require intervention by the Authority to protect public health. The following sets out situations when complaints will be investigated and when they will not. Where the nature of the complaint is such that dual enforcement can take place then liaison should take place between the relevant enforcement agencies.
5.1 Complaints Which Require Further Investigation
• Those where the complaint has been made as soon as it has been discovered and the complainant is able to provide the offending food, the packaging and any relevant foreign matter.
• Those complaints relating to unfitness when the food has been stored under refrigerated conditions and the complainant is willing to confirm this in the form of a statement.
- 56 -
• Complaints, which have revealed that there will be serious public health consequences if the complaint is not investigated.
• Complaints of suspected food poisoning – only where the complainant is willing to submit a faecal sample to confirm whether they actually have food poisoning.
• Complaints which involve a false description or compositional issue. 5.2 Complaints Where No Further Action is Warranted
• Complaints which are anonymous and the complainant is unwilling to provide any evidence in the form of food remnants/packaging or any relevant foreign matter.
• Complaints where there is no evidence of food or relevant foreign matter.
• Complaints where the packaging/food product is incomplete, so traceability of the produce is not possible.
• Complaints where the complainant only wishes compensation from the business where the food has been purchased.
• Complaints, which relate to unfitness where there has been an unreasonable time lapse or inadequate food storage conditions, which may jeopardise any formal action that may be taken.
• Complaints of a trivial nature such as those relating to insects/twigs in vegetables or fruit.
• Complaints where the contamination is an associated product of a minor nature e.g. snails in salad vegetables.
• Complaints of food poisoning where the complainant is not willing to submit a faecal sample or there is insufficient evidence to associate the suspected food poisoning with a particular food or caterer.
• Complaints which are not an enforcement responsibility but the responsibility of other enforcement agencies such as the Food Standards Agency. These complaints can be passed on to the relevant agency in accordance with our complaint’s procedure.
• Complaints which in the opinion of the Principal EHO (Food & Safety) or the Trading Standards Manager are malicious in nature. These types of complaints may, for example, arise from disgruntled employees or persistent complainants.
Officers will have discretion in considering cases which require no further action,
and those which may require further investigation, taking into account the factors outlined above.
- 57 -
6.0 LEAD section on the investigation of food complaints As a Unitary Authority, Torbay Councils, Environmental Health & Consumer
Protection Division are responsible for the investigation of most food complaints. The Food complaints are investigated by either the Food Safety Team or the Trading Standards Team, depending on the type of complaint received. Generally, complaints are dealt with on the following basis.
Complaints which are dealt with by the Food & Safety Section
• Food containing foreign matter
• Food found to be mouldy at the time of purchase
• Food allegedly unfit for human consumption, for example, stale rancid smelling foods.
• Food which is alleged to have caused food poisoning. Complaints which are dealt with by the Trading Standards Section
• Food, which has exceeded it’s labelled ‘best before’ or ‘use by’ date
• Food, which may be contaminated with chemicals, for example, food with a chemical taste or undeclared ingredients
• All food labelling complaints
• All complaints concerning the composition of food
• Complaints concerning allergic reactions to foods
• Complaints relating to feeding stuffs
• Complaints relating to alleged counterfeit food
Complaints will continue to be dealt with by the Trading Standards team until October 2006 when resolution of complaints and trade enquiries for business advice will pass to the Food Safety Team.
