Inspection and enforcement

Environmental Health Officers (EHOs) and Food Safety Officers inspect food businesses for the local authority. Inspections are normally unannounced. How often they happen depends on the risk of the business.

Officers have strong powers. They can enter food premises at all reasonable hours, inspect food and records, and take samples. Records include computer records. An officer can also detain food that they suspect is unsafe, or seize it so that a court can decide what happens to it. It is an offence to obstruct an officer or to give false information.

Officers normally start with the least formal action that will protect the public. This may be advice or a letter. Where the risk is more serious, or a business ignores advice, they use formal notices.

A Hygiene Improvement Notice is a written notice. It states why the officer believes the business is breaking the rules, what is wrong, what must be done and the deadline. The deadline must be at least 14 days. This notice does not close the business, but failing to comply with it is an offence.

A Hygiene Emergency Prohibition Notice is used when there is an imminent risk of injury to health. A sewage leak into a kitchen or a serious rodent infestation are examples. The officer can close the premises, or stop a process or the use of equipment, at once. A copy is fixed to the premises. The notice stays in force until the authority confirms in writing that the risk has been dealt with.

After serving this notice, the officer must apply to a court for a Hygiene Emergency Prohibition Order, giving the operator at least one day's notice. If no application is made within 3 days, the notice lapses. In Scotland the application goes to the sheriff and the period is 5 days. The authority may have to pay compensation if it makes no application in time, or if the court finds there was no imminent risk.

A Hygiene Prohibition Order is made by a court after a conviction. If a risk to health remains, the court bans the process, premises or equipment concerned. The court can also ban a person from managing any food business.

Two further powers apply at establishments that need approval. A Remedial Action Notice can stop the use of equipment or part of the site, put conditions on a process, or slow or stop production. A Detention Notice can hold food or animals for examination.

A business can appeal to a court against a Hygiene Improvement Notice. Breaking a notice or order is an offence. Courts can impose fines and, in serious cases, prison. If you receive a notice, read it at once, tell the operator, act on it and keep evidence of what you did.