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Posted By Simon Walsh Grad IOSH
I work for an organisation which has 23 seperate buildings each one has a small kitchen for the personnel assigned to that building to cook their own meals whilst they are on duty.
A fellow health and safety officer in a similar organisation has had a visit from the local Environmental Health Officer and issued an Improvement Notice for one the their buildings kitchens as there was no system in place to document cleaning routines, etc.
I agree that such cleaning routines should be in place whether or not the Regulations apply, but as I understand it the Food Hygiene Regulations cover premises that produce and sell food as part of their commercial business.
The notice has been issued as the EHO says that because the staff at the premises in question have a small "mess club" kitty and that food is bought using the mess club money which feeds the staff there then the regulations apply, hence the Improvement Notice. Is this right?
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Posted By Ian P
That seems a bit over the top to me but I will keep an eye on this as it could affect my work. As I understand them the regulations don't just apply to premises which sell food but any premises which supply food, whether that means it also covers premises supplied for people to cook their own food I don't know and have never had a problem with other EHO's who have inspected premises.
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Posted By Ken Taylor
In my experience, some of these places where employees may prepare their own food can be well-described as a mess - and unhygenic too. Perhaps it was somewhere of this order that prompted the EHO to resort to the action taken?
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Posted By Simon Walsh Grad IOSH
That may well be true but my original question remains, if a premises is not producing food for commercial gain is it subject to the Food Hygiene Regulations and if it is not what was the legal basis for issuing the Improvement notice?
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Posted By Malcolm Hogarth
Bit of a tricky one this and difficult to comment in any depth without the full facts.
It is my understanding that the Food Safety Act and Food Hygiene Regulations only apply to a 'Food Business'. In this scenario the sticking point is that it includes money changing hands. I guess the EHO therefore considered this to be a food business and issued the improvement notice on that basis.
The improvement notice would (should)have stated the grounds for non-compliance, the contraventions and measures necessary to secure compliance and the timescale allowed.
One might question the interaction between the two parties though and wonder whether it need have got to this stage in the first place.
As a last resort there is always the appeals process.
Malcolm
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Posted By Ali
The term food premises is wider than you think. It can include; schools, hospital canteens, fire officer's mess, church lunch club, any staff canteen or kitchen, good samaritans. There is no need for commercial gain - no money has to change hands. It must be on business premises not domestic although this will also include a kitchen in a care home or sheltered housing complex. Since January 2006 new legislation requires a documented food safety management system based around HACCP, which can include written cleaning schedules. However,there is a code of practice all EHO's must follow when deciding on enforcement action such as using an informal / educative approach first, looking at the history of compliance, seriousness of the offence, willingness to carry out works, attitude, public benefit. Any action taken should be proportionate to risk, so I would definitely question the validity of the Notice and / or appeal. If you appeal you must use the specific grounds for appeal as highlighted on the back of the Notice.
Hope this helps and is not gobbledy gook !
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Posted By Adrian Watson
1- (2) "business" includes the undertaking of a canteen, club, school, hospital or institution, whether carried on for profit or not, and any undertaking or activity carried on by a public or local authority;
"food business" means any business in the course of which commercial operations with respect to food or food sources are carried out;
"commercial operation", in relation to any food or contact material, means any of the following, namely—
(a) selling, possessing for sale and offering, exposing or advertising for sale;
(b) consigning, delivering or serving by way of sale;
(c) preparing for sale or presenting, labelling or wrapping for the purpose of sale;
(d) storing or transporting for the purpose of sale;
(e) importing and exporting;
2.—(1) For the purposes of this Act—
(a) the supply of food, otherwise than on sale, in the course of a business; …
shall be deemed to be a sale of the food, …
Therefore the relevent question is "Was the club supplying food in the course of its business?"
Regards Adrian Watson
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Posted By Adrian Watson
Food Safety Act 1990
1- (2) "business" includes the undertaking of a canteen, club, school, hospital or institution, whether carried on for profit or not, and any undertaking or activity carried on by a public or local authority;
"food business" means any business in the course of which commercial operations with respect to food or food sources are carried out;
"commercial operation", in relation to any food or contact material, means any of the following, namely—
(a) selling, possessing for sale and offering, exposing or advertising for sale;
(b) consigning, delivering or serving by way of sale;
(c) preparing for sale or presenting, labelling or wrapping for the purpose of sale;
(d) storing or transporting for the purpose of sale;
(e) importing and exporting;
2.—(1) For the purposes of this Act—
(a) the supply of food, otherwise than on sale, in the course of a business; …
shall be deemed to be a sale of the food, …
Therefore the relevent question is "Was the club supplying food in the course of its business?" The answer appears to be yes; so the EHO was acting legally!
Regards Adrian Watson
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Posted By Simon Walsh Grad IOSH
Thanks you have given me some food for thought. (Pun intended).
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