Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
|
|
FSA Enforcement Letter (PLGEN19005), 14 February 2019
The text of the letter is the following:
I am writing to remind local authorities in England of the importance of operating the Food Hygiene Rating Scheme (FHRS) in accordance with the Brand Standard.
We are increasingly receiving reports that some local authorities are providing food hygiene ratings for establishments based on desk top assessment of questionnaires completed by the businesses themselves. This is contrary to the Brand Standard which makes clear that a food hygiene rating can only be given to a food business following an inspection, partial inspection or audit – see the appendix to this letter.
Related to this, the date published on food.gov ratings (the inspection date) must be the date that the inspection, partial inspection or audit was carried out and must not be the date of any other type of intervention. The only exception to this is detailed at Q3 on page 51 of the Brand Standard.
The Brand Standard is key to giving consumers and businesses confidence that the FHRS is being operated consistently and fairly. All local authorities have signed an agreement with the FSA giving an undertaking to follow in full the Brand Standard and it is important for the ongoing credibility of the scheme that this commitment is maintained.
I would be grateful if all local authorities would please make sure that their procedures and practices comply fully with the Brand Standard in respect of this issue and more generally.
Appendix – Extract from The Food Hygiene Rating Scheme: Guidance for local authorities on implementation and operation - the Brand Standard
Section 3.1 states:
The basis for the FHRS is the ‘food hygiene intervention rating scheme’ set out in the Food Law Code of Practice. As establishments can only be given an intervention rating at an inspection, partial inspection or audit, it follows that a food hygiene rating may only be given following this type of intervention. The exception is where a reassessment of the food hygiene rating is requested by the FBO and this is covered in Section 8). No rating can be based or changed on the basis of self-assessment by the FBOs, e.g. by questionnaire.
This is further clarified in Section 5:
Q1. What types of intervention are required before a food hygiene rating can be given?
A1. As the food hygiene intervention rating scheme of the Food Law Code of Practice is used as the basis of the FHRS, it follows that food hygiene ratings can only be given when the intervention rating of the establishment is determined, i.e. following an inspection, partial inspection or audit. The only possible exception is where a re-visit is undertaken in response to a request from an FBO for a re-rating, in which case the FHRS rating can be changed on the basis of other types of intervention (see Section 8). In all cases, however, there must be a visit to the establishment - ratings cannot be given or changed on the basis of documentary evidence only or on self-assessment by the FBO.
 |
The Food Hygiene Rating Scheme: Guidance for local authorities on implementation and operation - the Brand Standard Revision 6 – November 2018 A copy of this document published by the FSA and mentioned in the above letter, is available on this site (click on image). Provided uder the Open Government Licence. The original document was accessed from: |
