Food law enforcement plan

Service requests

The Authority receives service requests from various sources, including members of the public, businesses, referrals from other local authorities, and occasionally from the Food Standards Agency.

Service requests include:

• complaints from members of the public about the standard of hygiene in food premises
• complaints about foods that are: unfit; contaminated with extraneous matter; not of the nature, substance or quality expected; mislabelled; and, misdescribed
• applications for the approval of food premises
• requests for information and advice on food hygiene and standards matters from businesses
• requests from other local authorities about locally produced foods that have been sold outside the County and are the subject of a complaint
• requests for information or intervention received from the Food Standards Agency

Requests for ‘revisits for rescoring’ and appeals against ratings under the Food Hygiene Rating Scheme are not included in these figures, being covered earlier in this Plan (See 2.6.2). Similarly, zoonoses and food poisoning and infectious disease notifications are excluded from this heading, but are covered later in this Plan (See 3.7).

The Authority aims to provide a response to all service requests within 10 working days and to achieve this in 95% of all cases. A response may consist of a telephone call, e-mail, letter or visit depending on the circumstances in each case. However, service requests received by the Food Safety and Standards Team are further categorised as being urgent or non-urgent, with any urgent service requests receiving an ‘initial response’ within 1 working day. The following table shows the level of performance achieved against service standards in the past 6 years:

 

Level of performance	16-17	17-18	18-19	19-20	20-21	21-22
Number of urgent service requests	51	45	25	19	5	26
Percentage provided with an ‘initial response’ within 1 working day	96.1%	95.6%	100%	100%	100%	92.3%
Number of non-urgent service requests	860	862	1050	1101	1798	925
Percentage provided with an ‘initial response’ within target date	98.4%	92.5%	96.6%	96.6%	86.4%	95.6%

 

The level of performance against both of these indicators has remained consistently high, it can also be seen that in 2020-21, the first year of the Covid-19 pandemic, the number of service requests was significantly higher than other years. This number includes 1038 Covid-19 related service requests dealt with by the Food Team. The number of service requests dealt with by the Food Team had reduced to closer to the normal number in 2021-22 due to the fact that the Authority’s Covid Enforcement Officers were in place and were responsible for receiving Covid-19 related service requests in that year.

Having made an ‘initial response’ officers are generally expected to ‘take action’ in response to urgent service requests on the same working day and to non-urgent requests within 10 working days (this was relaxed from 5 working days from 2014-15 to allow officers more flexibility to better co-ordinate any necessary visits with the aim of further reducing mileage expenditure).

3.3.1 Premises complaints

The Authority will fully investigate complaints relating to the hygienic condition of food premises where:

• the conditions described may present a significant risk to public health, and/or
• the conditions described are of persistent and/or widespread concern to the public, and/or
• the business has a poor history of compliance

Complaints will be prioritised for investigation as follows:

Priority (Risk): High

Target for investigation: Same day

Priority (Risk): Medium

10 working days

Priority (Risk): Low

Report to business and consider at next routine visit

The target for investigating ‘medium’ risk complaints was relaxed at the start of 2014-15, from the previous 5 working days, to 10 working days to allow officers more flexibility to better co-ordinate any necessary visits with the aim of further reducing mileage expenditure).
Where the complaint does not warrant a full investigation, the Council will, where appropriate, report the matter to the business, identifying any relevant legal requirements and good practice that might apply, and will make a record the complaint for consideration at the next routine visit. In doing so, the business will be invited to make a written response, as a record of any internal investigation and action.

Complaints suspected of being vexatious and/or persistent, will be handled in accordance with the Council’s ‘Unreasonably Persistent Communications and Unreasonable Customer Behaviour Procedure’.
88 complaints about food business premises were received during 2021-22, with 16 of these complaints requiring a visit to the premises concerned.

The following chart shows the number of premises complaints received during 2021-22 compared to each of the previous 8 years and the relative proportion of complaints that were investigated by visiting the premises concerned.

Food premises complaints 2013-14 to 2021-22

 

Premises notified

• 2013-14: 116
• 2014-15: 90
• 2015-16: 77
• 2016-17: 118
• 2017-18: 99
• 2018-19: 81
• 2019-20: 71
• 2020-21:54
• 2021-22: 80

Premises visited

• 2013-14: 46
• 2014-15: 33
• 2015-16: 59
• 2016-17: 29
• 2017-18: 18
• 2018-19: 18
• 2019-20: 25
• 2020-21:5
• 2021-22: 8

The following chart shows the number of premises complaints received by risk categorisation:

Food premises complaints categorised by risk 2021-22

 

• High: 16
• Medium: 34
• Low: 38

3.3.2 Food complaints

The Authority will investigate complaints concerning the safety and wholesomeness of food; food contaminated with foreign matter or chemicals; food quality; and, food labelling and composition.

Food complaint investigations can be extremely time consuming and, particularly during the summer months, could divert resources in the team to prejudice the performance of other tasks.

As a result complaints about food will only be subject to a 'full' investigation where:

• there may be a significant risk to public health, and/or
• there is persistent concern to the public, and/or
• the business has a poor history of compliance, and/or
• a legal contravention has been identified which is likely to continue or recur, and/or
• the type of contravention is widespread and/or
• the contravention might be due to a deliberate act

Complaints will be prioritised for investigation as follows:

Priority (risk): High

Target for investigation: same day

Priority (risk): Medium

Target for investigation: 10 working days

Priority (risk): Low

Target for Investigation: report to business and consider at next routine visit

The target for investigating ‘medium’ risk complaints was relaxed at the start of 2014-15, from the previous 5 working days, to 10 working days to allow officers more flexibility to better co-ordinate any necessary visits with the aim of further reducing mileage expenditure).
Where the complaint does not warrant a full investigation, the Council will as appropriate report the matter to the business, identifying any relevant legal requirements and good practice that might apply, and will make a record of the complaint for consideration at the next routine visit, where appropriate. In doing so, the business will be invited to make a written response, as a record of any internal investigation and action. In this case the complainant will be invited to return any item purchased to the manufacturer/retailer as appropriate, for possible replacement.

This triage system will be reviewed as part of the team’s routine monitoring.

Complaints suspected of being vexatious or persistent, will be handled in accordance with the Council’s ‘Unreasonably Persistent Communications and Unreasonable Customer Behaviour Procedure’.
Where the food originates from outside the County, the complaint will be reported to, or investigated in liaison with, the relevant Home Authority and/or Originating Authority and/or Primary Authority as appropriate.

Where an investigation is conducted, this will be pursued informally where:

• the offence is not serious (e.g. there is no risk to the health of consumers)
• a key witness refuses to make a statement
• and/or a key witness confirms in writing that they would not be prepared to attend court.

In addition, investigations will be curtailed where:

• the initial investigation indicates that there is no worthwhile purpose in pursuing further action (e.g. where a report from the public analyst or food examiner confirms that no offence has been committed)
• a reasonable prospect of securing a conviction cannot be substantiated (e.g. where there is the likelihood of a due diligence defence).

40 food complaints were received during 2021-22.

The following chart shows the number of food complaints reported during 2021-22 compared to each of the previous 5 years:

Food complaints 2016-17 to 21-22

• 16-17: 73
• 17-18: 55
• 18-19: 65
• 19-20: 51
• 20-21: 46
• 21-22: 40

The following chart shows the number of complaints received by risk category:

Food complaint categorised by risk 2021-22

• High: 10
• Medium: 11
• Low: 19

The following chart illustrates the nature of food complaints received during 2021-22:

Food complaints by nature 2021-22

• Microbiological: 14
• Foreign body:
• Chemical: 4
• Standards: 4

The number of complaints due to microbiological, chemical and foreign body contamination appears to be on a general downward trend based on the last 4 years, though it remains to be seen to what extent the Covid-19 pandemic has had an effect on these numbers.

Food complaints by nature	17-18	%	18-19	%	19-20	%	20-21	%	21-22	%
Microbiological	24	44%	16	29%	16	29%	18	33%	14	25%
Foreign Body	12	22%	18	33%	17	31%	13	24%	18	33%
Chemical	7	13%	16	29%	5	9%	6	11%	4	7%
Standards	12	22%	15	27%	13	24%	9	16%	4	7%
Total	55	-	65	-	51		46	-	40	-

 

As numbers of such complaints are generally quite low, it is unclear whether there is a continuing trend. The low level of reported complaints may be an indication of the generally higher levels of compliance in food businesses.

3.3.3 Approval of food premises covered by EC Regulation 853/2004 laying down specific rules for the hygiene of food of animal origin

The Authority is responsible for the statutory approval of food premises covered by EC Regulation 853/2004, laying down specific rules for the hygiene of food of animal origin (mostly premises involved in the manufacture and/or wholesale of meat and meat products, milk and milk products and fish and fish products).

The approval requirements and assessment process are relatively onerous and can involve a series of advisory visits and/or inspections prior to approval being granted.
Pembrokeshire has a large number of approved premises compared to many other local authority areas.

3 new requests for approval were received during 2021-22, 1 from an oyster depuration premises, 1 from a salmon cold smoking business, and 1 from a business processing crabs and lobsters, also despatching live scallops, mussels and oysters.

3.3.4 Enquiries and requests for advice

The Authority recognises the importance of providing reliable, tailored advice to businesses. In particular it:

• helps to build and maintain a positive working relationship between enforcement officers and businesses;
• proactively assists timely compliance (and in the case of food businesses, helps the business to secure a good Food Hygiene Rating);
• supports the adoption of best practice;
• helps avoid unnecessary expenditure by businesses;
• reduces the likelihood of costly food recalls;
• reduces the likelihood of subsequent enforcement and potential fines;
• helps businesses develop and maintain a good reputation;
• helps protect our communities; and
• contributes to the wider public health agenda.

The Food Safety and Standards Team have traditionally provided advice and support to new and existing food businesses, supporting their efforts to comply with legal requirements and ultimately their economic success.
However, in common with local authorities across the UK, the Authority continues to face reductions in Government funding and as a consequence it is faced with difficult budget decisions.

While the vast majority of functions performed by our Food Safety and Standards Team are statutory requirements and are delivered in accordance with statutory guidance, the provision of advisory visits, and related consultancy-type activities, exceed what the Authority is required to do, and the provision of these ‘free’ services was considered unsustainable in the context of wider corporate priorities.

However, in order to continue to make this support available to businesses, a ‘fee-based' advisory service for food safety and standards was introduced with effect from the 1st April 2016, offering a wide range of advice, including:

• Advice on premises layout, structure, facilities, equipment.
• Advice on food safety practices and procedures (e.g. on temperature control requirements, and on how the business could meet guidelines to control the risk of E.coli cross-contamination, where appropriate).
• Advice/support in developing a food safety management/HACCP systems and maintaining records that are proportionate to business.
• Advice on the requirements relating to the training, instruction and supervision of food handlers.
• Advice on the criteria considered under the Food Hygiene Rating Scheme, and the general requirements to be met in order to attain a high rating - helping new businesses get off to a flying start.
• Advice on/assistance with food sampling and the significance of any results.
• Advice on complying with food allergen labelling/information requirements.
• Advice on complying with other food labelling/ description/ advertising requirements.
• Advice on food compositional requirements.
• Approval of food labels/menus/websites/other advertisements prepared by the business.
• Food premises audits (‘health checks').

Further details of this service, including fees and charges, and full terms and conditions, are available on the Council’s website

The following advice/support continues to be provided for free:

• Provision of basic, verbal information and/or advice in response to occasional telephone requests.
• Issuing relevant guidance leaflets/booklets.
• Issuing letters/e-mails to relevant business sectors, highlighting new/changes in legislation and guidance, and in support of particular awareness raising campaigns
• The provision of information via the advice section of the Council's web-site.
• The provision of information and/or advice incidental to inspections and other regulatory visits.

In moving away from a free advisory service, added emphasis is being given to enhancing the above information, where possible, in order to maximise access to key information and support timely compliance.
During 2021-22 the Food Safety and Standards Team provided fee based advice to 1 Pembrokeshire businesses, compared to 0 in 2020-21 and 44 in 2019–20. Following a corporate review of fees and charges during 2017-18, fees were increased to ensure full cost recovery for the service provided.

The reduction in the number of requested paid advice visits has all but ceased during the Covid-19 pandemic period and during the period of LA Recovery the Food Team will prioritise undertaking overdue and high risk work, to meet the requirements of the Recovery Plan. It is therefore envisaged that there will be no paid advisory visits undertaken in 2022-23.

More specific information on the provision of ‘assured advice’ to businesses covered by a Primary Authority arrangement is provided under Section 3.4 below, and consideration will be given to any opportunities for extending such arrangements further, having regard to any wider priorities and constraints.

In all cases, where more detailed advice or support is required than can be provided by the Authority, businesses will be directed to relevant trade associations, consultants, or experts, as appropriate.
During 2021-22, 550 enquiries were received.

The following charts show the number of general food enquiries which were received during 2021-22 compared to each of the previous 9 years.

Enquiries received 2012-13 to 2021-22

Food standards

• 2012-13: 29
• 2013-14: 19
• 2014-15: 77
• 2015-16: 19
• 2016-17: 9
• 2017-18: 6
• 2018-19: 5
• 2019-20: 5
• 2020-21: 2
• 2021-22: 9

Food hygiene

• 2012-13: 356
• 2013-14: 355
• 2014-15: 293
• 2015-16: 339
• 2016-17: 300
• 2017-18: 301
• 2018-19: 515
• 2019-20: 524
• 2020-21: 527
• 2021-22: 550

The following charts show the number of advisory visits requested during 2021-22 compared to each of the previous 9 years.

Advisory visits 2012-13 to 2021-22

Food standards

• 2012-13: 2
• 2013-14: 1
• 2014-15: 2
• 2015-16: 0
• 2016-17: 0
• 2017-18: 0
• 2018-19: 2
• 2019-20: 0
• 2020-21: 0
• 2021-22: 0

Food hygiene

• 2012-13: 87
• 2013-14: 123
• 2014-15: 111
• 2015-16: 75
• 2016-17: 47
• 2017-18: 31
• 2018-19: 25
• 2019-20: 44
• 2020-21: 0
• 2021-22: 1

New arrangements were introduced in April 2016 to charge for advisory visits to new and existing food businesses. It is hoped that the undertaking of advisory visits can be a helpful factor in assisting businesses achieve good ratings. However as the undertaking of advisory visits is not a statutory duty, it has identified as being an activity that can only be provided where the visit is funded by the food business.

The number of advisory visits has declined steadily, and although it might be expected that the introduction of charges contributed to this decline it is it is difficult to say how much of the decline was a continuation of this trend and how much due to the charges. Other contributing factors could include better awareness of the Food Hygiene Rating Scheme requirements, particularly due to information and materials available online, resulting in increased confidence and knowledge amongst food business operators. In the last two years the Covid-19 pandemic has had a major effect.

3.3.5 Referrals from other local authorities

In accordance with the Home Authority Principle (see 3.4), the Authority will respond to requests for appropriate information from other local authorities about locally produced foods that have been sold outside the County and are the subject of a complaint.
No such referral was received during 2021-22.