Food Safety Inspections: What Food Businesses Should Expect

When an authorised food safety officer visits a food business, there are clear procedures governing how the inspection should be conducted.

Environmental health officers, food safety officers and other authorised officers follow recognised standards designed to ensure that inspections are carried out fairly, consistently and professionally.

Why Are Food Businesses Inspected?

Food inspections are carried out to protect public health and check that businesses are complying with food safety and hygiene law.

An inspector may assess:

• How food is prepared, cooked, reheated, cooled and stored
• The cleanliness and condition of the premises
• The layout, lighting and ventilation
• Pest-control procedures
• Handwashing and staff facilities
• Food safety management systems
• Staff supervision and training
• Cleaning and disinfection procedures
• Temperature-control records
• Allergen management
• Food labelling and traceability, where applicable

Food hygiene inspections are usually carried out without advance notice. The frequency of inspection generally depends on the level of risk associated with the business.

What to Expect When an Inspector Arrives

An authorised officer should normally:

• Show official identification
• Explain the purpose of the visit
• Behave professionally and courteously
• Conduct the inspection in accordance with the relevant procedures

Food business operators and staff should cooperate with the inspection and provide access to relevant areas, equipment, food and records.

Obstructing an authorised officer acting in the course of their duties may be a criminal offence.

The Role of a Food Safety Inspector

Inspectors are not simply looking for reasons to punish a business or close it down. An important part of their role is to help businesses understand:

• What food safety law requires
• What problems have been identified
• Why those problems present a risk
• What action is needed to achieve compliance
• How food safety standards can be improved

Minor issues may often be addressed through advice, guidance or an informal request for improvements. More serious breaches may require formal enforcement action.

Feedback Following a Food Inspection

At the end of an inspection, the business should normally receive feedback. This may include:

• Recognition of good food safety practices
• Details of hazards or concerns identified
• Advice about preventing or controlling those hazards
• An explanation of any improvements required
• Relevant timescales for completing the work

The officer should make a clear distinction between:

• Legal requirements that the business must follow
• Recommendations or good practice that may help improve standards

Written Confirmation of Required Action

Where a business is asked to take action, the reasons should normally be confirmed in writing.

If the officer believes that food law has been breached, the written information should explain:

• What the problem is
• Which legal requirement has not been met
• What the business must do to comply
• The timescale for completing the work
• Any applicable appeal or review procedure

Businesses will usually be given a reasonable amount of time to correct problems. However, immediate action may be taken where there is an imminent risk of injury to health.

What Legal Powers Do Food Inspectors Have?

Authorised food safety officers have a range of legal powers to investigate possible breaches and protect consumers.

Depending on the circumstances and the legislation being enforced, an officer may:

• Enter and inspect food premises at reasonable times
• Inspect food preparation, storage and service areas
• Examine machinery, equipment and utensils
• Inspect food safety systems, records and documents
• Take copies of relevant records
• Take photographs or other evidence
• Take samples of food for examination or analysis
• Detain or seize food suspected of being unsafe
• Serve statutory notices
• Recommend prosecution in serious cases

Informal Food Safety Enforcement

Where a problem does not present an immediate danger and the business is willing to cooperate, an officer may initially deal with the matter informally.

Informal action may include:

• Verbal advice
• A written inspection report
• A warning letter
• A request for evidence that improvements have been completed
• A follow-up inspection

Even when advice is given informally, the business should take it seriously and complete any necessary action within the agreed timescale.

Hygiene Improvement Notices

A Hygiene Improvement Notice may be served when an authorised officer has reasonable grounds for believing that a food business is failing to comply with hygiene requirements.

The notice should explain:

• Why the officer believes the business is not complying with the law
• Which legal provisions apply
• What measures must be taken
• The period allowed for compliance
• How the notice may be appealed

Failure to comply with a Hygiene Improvement Notice is a criminal offence.

Food Information and Labelling Improvement Notices

Where relevant food information or labelling requirements have been breached, an authorised officer may serve an improvement notice under the applicable food information legislation.

The notice may identify:

• The legal requirement that has been breached
• The reasons for the officer’s decision
• The action required to achieve compliance
• The period within which the action must be completed
• The available right of appeal

Hygiene Emergency Prohibition Notices

A Hygiene Emergency Prohibition Notice may be served where an authorised officer believes that there is an imminent risk of injury to health.

Depending on the nature of the risk, the notice may immediately prevent:

• The use of particular premises
• The use of specific equipment
• A particular process or activity
• The operation of the food business

The officer must then apply to a magistrates’ court for a Hygiene Emergency Prohibition Order. The court decides whether the health-risk condition has been met and whether the prohibition should be confirmed.

Remedial Action Notices

A Remedial Action Notice may be used in certain approved food establishments, including some premises handling products of animal origin.

A Remedial Action Notice may:

• Stop or restrict a particular process
• Restrict the use of premises or equipment
• Require the rate of an operation to be reduced
• Prevent specified activities until the problem has been corrected

These notices should be taken seriously, and businesses should follow the stated instructions and any relevant appeal procedure.

Detention and Seizure of Unsafe Food

If an officer suspects that food is unsafe, they may detain it while further enquiries or examinations are carried out.

Where food fails to meet food safety requirements, it may be seized and presented to a magistrate. The magistrate may order the food to be:

• Destroyed
• Disposed of safely
• Used only for an approved alternative purpose

Food that has been formally detained must not be moved, altered or used without authorisation.

Prosecution and Possible Penalties

In serious cases, or where a business repeatedly fails to comply, the enforcement authority may begin legal proceedings.

If a prosecution is successful, the court may impose:

• Fines
• Restrictions on particular processes
• Prohibitions on the use of premises or equipment
• Closure of the business
• Disqualification from managing a food business
• Imprisonment for serious offences

The action taken will depend on the nature of the offence, the risk to consumers, the business’s compliance history and the available evidence.

What Is Due Diligence in Food Safety?

Due diligence involves demonstrating that a business took all reasonable precautions and exercised all due diligence to prevent an offence from occurring.

Evidence supporting a due diligence defence may include:

• A suitable food safety management system
• Hazard analysis and critical control procedures
• Staff food safety training
• Cleaning and disinfection schedules
• Temperature-monitoring records
• Approved supplier records
• Traceability information
• Allergen-management procedures
• Pest-control records
• Maintenance and calibration records
• Corrective-action records

Having written procedures is not enough on its own. The business must be able to demonstrate that its procedures are implemented, monitored, reviewed and corrected when problems are identified.

The availability and requirements of a due diligence defence depend on the particular offence and applicable legislation.

How to Prepare for a Food Hygiene Inspection

The best way to prepare for an inspection is to maintain good food safety standards every day.

Food businesses should:

• Keep the premises clean and well maintained
• Maintain an effective food safety management system
• Train and supervise staff appropriately
• Keep accurate food safety records
• Monitor food temperatures
• Prevent cross-contamination
• Manage allergens effectively
• Control pests
• Correct problems as soon as they are identified
• Review procedures regularly

Maintaining Food Safety Throughout the Year

Food inspections are intended to protect public health and support compliance with food law.

Being prepared, cooperative and maintaining high standards throughout the year is far more effective than trying to prepare only when an inspection takes place.