Food Inspections and Legal Compliance

Inspectors' Procedures and Responsibilities

When inspectors visit, they adhere to the Food Standards Agency’s Framework Agreement on local authority food law enforcement and the Food Law Code of Practice:

• Inspectors will identify themselves and maintain politeness throughout the visit.
• They provide feedback on inspection findings and advise on compliance.
• Inspectors aim to assist in compliance rather than shutting down businesses.
• Actions advised are clearly stated as legal requirements or good practices.
• Reasons for required actions are provided in writing if compliance is necessary.
• Inspections allow reasonable time for corrective actions, unless immediate public health risks are present.
• Information on appealing against inspector decisions is provided.

Enforcement Actions and Notices

Inspectors can take enforcement actions if necessary to protect public health:

• Inspect records, take food samples, and photographs.
• Issue informal requests to rectify issues.
• Detain or seize suspect foods.
• Issue formal notices, including:
• Hygiene improvement notice: Requires actions to comply with the law.
• Hygiene emergency prohibition notice: Temporarily forbids certain processes pending court confirmation.
• Remedial action notice: Imposes conditions on processes without court confirmation.
• Non-compliance with notices is a criminal offence.
• Inspectors may recommend prosecution for serious breaches.

Due Diligence and Legal Defence

Understanding due diligence as a defence under food safety legislation:

• Due diligence requires systems and controls to mitigate hazards and risks.
• Systems must be operated correctly to demonstrate due diligence.
• Compliance with industry good practices supports due diligence defence.
• Failure to demonstrate due diligence can lead to fines, imprisonment, or business bans.

For more detailed guidance, refer to the Food Standards Agency website.