"Food Law Enforcement Outturn For 2008 to 2009 and"
FOOD LAW ENFORCEMENT 2008–2009 OUTTURN AND ENFORCEMENT PLAN 2009-2010 Environment, Culture and Communities Department Bracknell Forest Council Time Square Market Street Bracknell RG12 9JD Tel: 01344 352000 Fax: 01344 351141 Email: firstname.lastname@example.org 1 PART 1 - INTRODUCTION TO THE PLAN The Council is responsible for food hygiene and standards under The Food Safety Act 1990, The European Communities Act 1972 and the associated Regulations. We advise on and enforce food safety in more than 900 food premises including restaurants, cafés, takeaways, public houses, shops and hotels. The Food Standards Agency (FSA) Framework Agreement shapes the work of all local authorities in relation to food safety and standards and the FSA audit local authorities on their food law enforcement activities. Bracknell Forest Council’s Food Law Enforcement Plan contains details of: • the work we have completed in the previous year • what we plan to do this year and • how we intend to do it. Our key priorities are to: • promote food safety • protect consumers from unsafe food • work with and support local food businesses • encourage awareness of healthy food choices. This work is carried out jointly by The Food Team made up of Officers from the Commercial Team (Environmental Health) in relation to food hygiene and the Trading Standards Team in relation to food standards. To maximise our resources and provide a consistent and balanced approach, officers from both teams work closely to deliver an integrated service. Our work is varied; for example last year we: • inspected 574 food businesses and carried out 382 other related visits • dealt with 126 food complaints and a further 133 complaints about food premises • issued written notifications on how businesses can comply with the law to 366 businesses • closed 2 premises by voluntary agreement due to imminent risk to public health • issued 1 simple caution for food standards contraventions • prosecuted 1 business for food safety failures which presented an imminent risk to public health • prosecuted 3 businesses for food standards contraventions • enhanced the Berkshire-wide Safe Food Award to a national accessible website – Scores on the Doors In 2009/10 we plan to: • inspect 583 food businesses and provide self-assessment questionnaires to 107 low- risk premises • support at least 20 small businesses with adoption of Safer Food Better Business, a food safety management system • extend our sampling policy to include more imported foods • continue to promote and enhance the Berkshire-wide Catering for Health Award run in partnership with Bracknell Forest Primary Care Trust. • Work with other authorities within Berkshire and the South East on issues that cross local authority boundaries and affect Bracknell Forest residents We will base this work on: • inspecting food premises on the basis of risk • targeted sampling of food to ensure that it is safe to eat 2 • investigating complaints and concerns over food safety • providing advice, information and training • recognising and rewarding high standards of food safety through our Award Scheme • consulting our customers and seeking feedback on the quality of our service. This plan is reviewed every year and we welcome your comments and suggestions on how it could be improved further. Please forward your views to environmental.health@bracknell- forest.gov.uk. 3 PART 2 – DELIVERING THE PLAN Our Vision The Food Law Enforcement Plan is designed to work within the Bracknell Forest Community Plan to help deliver the Council’s priorities. The Council’s vision is: “To make Bracknell Forest a place where people can thrive: living, learning and working in a clean, safe and healthy environment” The Corporate themes adopted by Bracknell Forest Borough Council (Community Plan) that encompass our health and safety work are contained within Priority Area Three, promoting health and achievement. Our Food Law Enforcement Plan aims to ensure a graduated approach based on risk. It reaffirms our commitment to carry out our duties in an open, fair and consistent manner that promotes economic development. We recognise that most businesses want to comply with the law; therefore we want to support and enable businesses to meet their legal duties without unnecessary expense. However, firm action, including prosecution, will be taken where appropriate. This Food Law Enforcement Plan sets out the actions we are taking to promote food safety for the benefit of local consumers and those who produce and sell food in our Borough. 4 Food Sampling In 2009/10 our surveys will look at: Food Standards • Imported food: levels of barium in nuts • Imported food: colours and preservatives in foods from Asia • Nutritional and health claims on foods • "Value" foods (tinned): do they offer nutritional value? • Takeaway foods: are there healthier options? • Food Hygiene • Butcher Shops • Large Scale Events • Pre-packed Sandwiches • Speciality Meats • Shelled Nuts from retail premises • Regenerated / Transported Meals at the point of service e.g. WRVS, hospitals and schools. Training and Information Education and information are an important part of our enforcement activity. We assist and support local businesses through the provision of Level 2 Award in Food Safety in Catering training for food handlers. We aim to provide 6 courses in the current year and maintain a 95% pass rate as in previous year. . In addition we continue to utilise a system developed by the Food Standards Agency called ‘Safer Food Better Business’ (SFBB) to help small food business operators draw up food safety management systems specific to their own food activities. We aim to provide one training seminar aimed specifically at minority ethnic or specialist caterers, in all providing support to a further 20 businesses. We will again be involved in both Food Safety Week and Food Awareness Week, the latter in conjunction with the Bracknell Forest Primary Care Trust. We hope to repeat our successful involvement of previous years. This year the focus is on protecting vulnerable people in the UK, particularly on people over 60 and the need for correct storage and handling of food in the home. The reason for focusing on this audience is the recent sharp rise in cases of listeria specifically within this age group – the number of cases in the over 60s has doubled since 2001 and it causes more deaths each year than salmonella and E. coli O157 combined. We aim to continue to provide advice and information through our website at: http://www.bracknell-forest.gov.uk/environment.htm Scores on the Doors and Catering for Health Scheme In November 2008 Bracknell Forest Council published food hygiene ratings accessible through the Bracknell Forest Website. There have been in excess of 10,000 hits on the website for Bracknell Forest based premises since the launch. The website currently displays food hygiene ratings for 100 local authorities. Each catering premises inspected in Bracknell is displayed within one month of inspection. The Catering for Health Award Scheme continues to be received with appreciation by businesses. Food businesses are currently assessed for this award at each inspection in 5 partnership with the Bracknell Forest PCT. This ensures that the importance of healthy eating is encouraged and recognised. Details of the Award winners are published on the Council website. This tool allows customers to choose where to eat based on the hygiene ratings of premises. Departures from the Plan Departures from the Food Law Enforcement Plan, reported through Departmental Management Team, will be exceptional, capable of justification and be fully considered by the Head of Environmental Health and the Head of Trading Standards and Licensing, before varying action is taken. Reasons for any departure will be fully documented. Areas for Development We are always striving to move the service forward. In order to achieve this, we set targets and identify areas for development during the coming year. Appendix A details the work achieved in 2008-09 and Appendix B details the targets from our Action Plan for 2009-10 along with proposed timescales. STRIVING FOR EXCELLENCE Staff Resources There are now 1.5 full time equivalent qualified officers within Trading Standards and 3 full-time equivalent officers within Environmental Health who perform food law enforcement. In total 9 officers are involved in issues relating to food safety enforcement as part of their day-to-day duties. Consisting of: • 1 x Team Manager • 1 x Principal Trading Standards Officer • 1 x Senior Environmental Health Officer • 2 x Environmental Health Officers • 1.5 x Trading Standards Officers • 1 x Food Safety Enforcement Officer • 2 x Trading Standards Enforcement Officers The 5 officers in the Commercial Team spend 60% of their time on food hygiene related matters. Within the Trading Standards Team 5 officers have been allocated to undertake food standards work accounting for approximately 30% of their time. Customer Feedback and Quality Monitoring Procedures are in place to scrutinise all the work that is undertaken by the Food Team. Our quality monitoring includes detailed practice notes, checks on data entry and officer consistency. It is our aim to achieve the highest standard of service with the resources available. Since April 2008 we have adopted criteria set by the government, National Indicator 182 (NI 182), to measure business satisfaction with the service provided and National Indicator 184 (NI 184) to measure the level of premises achieving broad compliance in food hygiene. 6 Benchmarking We are members of the Berkshire Environmental Health Benchmarking Club and the Trading Standards South East Limited (TSSEL) Benchmarking Group. These seek to identify and develop good practice procedures to help enhance the quality and consistency of service provision. Where opportunities arise within these groups for benchmarking activities during the year, we will aim to contribute. Staff Development We aim to make full use of the skills that exist in the Food Team and to develop those skills through updates, shadowed working and internal and external training. A record of continuous development is maintained for all Officers. 7 PART 3 – FURTHER INFORMATION If you would like further information about the service that the Food Team provides, or would like to speak to an officer for advice on a food matter, please contact us: Environmental Health or Trading Standards Service at Environment, Culture & Communities Department Bracknell Forest Borough Council Time Square Market Street Bracknell RG12 1JD Tel: 01344 352000 Fax: 01344 351411 Email: email@example.com Or look on our website at www.bracknell-forest.gov.uk/environment.htm Other useful websites: Scores on the Doors http://www.scoresonthedoors.org.uk Food Standards Agency (FSA) http://www.foodstandards.gov.uk/ Safer Food, Better Business http://cleanup.food.gov.uk/index.html Department of Environment, Food & Rural Affairs (DEFRA) http://www.defra.gov.uk/ Foodlink http:/www.foodlink.org.uk/ European Food Safety Authority http:www.efsa.eu.int/ Availability of Officers Officers can be contacted through our Customer Service Centre which is open at the following times: 8.30am—5.00pm Monday to Friday Address for correspondence: Director of Environment, Culture & Communities Bracknell Forest Borough Council Time Square Market Street Bracknell RG12 1JD Tel: 01344 352000 Fax: 01344 352555 Email: firstname.lastname@example.org Web: www.bracknell-forest.gov.uk 8 APPENDIX A FOOD ENFORCEMENT OUTTURN 2008/09 HOW DID WE PERFORM? Our Food Law Enforcement Plan is reviewed on an annual basis. This process provides the opportunity to record achievements and identify the key areas for improvement over the forthcoming year. INSPECTIONS The chart shows the proportion and type of food businesses that were inspected by the Food Team during 2008/09. Primary Producers Manufacturers Importers/Exporters Distributors Retailers Restaurants All local authorities have a legal duty to inspect food businesses with a frequency based upon risk, so that our resources are directed to best effect. In 2008/09 the Food Teams completed a combined total of 956 inspections. The individual breakdown for Food Hygiene and Food Standards Inspections is illustrated in the tables on the next page. This year we aim to carry out 346 food hygiene and 237 food standards inspections. We adopted an alternative enforcement strategy for low-risk food hygiene inspections in 2008/09 and sent out 154 self-assessment questionnaires. For 2009/10 107 premises have been identified as suitable for this strategy for both food hygiene and food standards. 9 Environmental Health Food Hygiene Inspections for 2008/09 300 250 200 150 100 50 0 High (A) High (B) Medium(C) Medium(D) Planned inspections Completed inspections The 1 premises rated as ‘A’ was scheduled at the start of the year to receive 2 inspections at 6-monthly intervals, making 2 inspections of A premises in total. 4 Premises in Category B were found to have ceased trading on re-inspection and 8 new premises were allocated to this category. In Category C there were 25 inspections of new premises and 11 were found to have ceased trading. Category D had also 7 premises which ceased trading and 6 new premises which explains the differences between planned and completed inspections. Trading Standards Food Standards Inspections for 2008/09 200 150 100 50 0 High(A) Medium(B) Low(C) Planned Inspections Completed Inspections High, medium and low risk premises are defined as those visited at least once every 12, 24 and 60 months respectively. Sampling We routinely sample food produced and offered for sale in the Borough to check quality and safety. In 2008/09 we sent 99 samples for analysis, of which 16 were found to be unsatisfactory and resulted in follow-up action. 10 Our sampling programme focuses on foods produced and sold within the Borough. We also participate in regional and national sampling initiatives, and undertake special investigations of local interest. Last year our surveys looked at a range of issues including: Sampling 2008/09 for Food Standards • Imported food: contamination by fumonisins of maize products • Smoothies: does their labelling disclose the true nature of the drink? • Kebabs: meat composition and nutritional content • Portions of cod from chip shops: are they are described? • Cocoa content of dark chocolate: are cocoa levels being reduced? • Palm sugar: adulterated by cane sugar? Summary of Findings Poor harvests and wet weather had not resulted in the contamination of the maize products sampled. The testing of "smoothies" highlighted the difference of opinion regarding common health claims made on these products. Whilst some claimed to provide "two of your five a day", the UK Department of Health recommends that due to the (intrinsic) sugar levels in the products, they are only suitable for one of the five a day. This discrepancy, found across the TESSEL region, is presently under discussion at a national level. Of the five kebab samples taken locally, four greatly exceeded the recommended daily intake for salt, whilst one was just within the limit. Further, three of the five samples contained meat other than lamb. Doner meat should only contain lamb unless stated otherwise. The businesses were advised to amend their menus accordingly or to ensure that the meat used is solely lamb. As the price of cod had risen rapidly there existed an opportunity for an unscrupulous business to substitute for a cheaper species. It is pleasing to report that the portions of cod sampled were found to be genuine.. The price of cocoa products had also risen rapidly and again all products sampled were all found to meet compositional standards. Concerns existed following a sampling exercise on the adulteration of palm sugar, a product commonly used in regional cooking, by mixing it with a much cheaper and less healthy option. Officers established that there was no test that could conclusively establish adulteration to the level of evidence required within a court of law. The matter has now been referred to the Food Standards Agency to deal with on a national and international platform. Sampling 2008/09 for Food Hygiene • Speciality Meats • Egg Mix and Environmental Samples • Shelled Nuts • Sandwiches and other cold ready to eat foods stored at ambient temperature at point of sale • Regenerated / Transported Meals at the point of service Complaint Investigations We continue to receive consumer complaints about dirty food premises; poor food hygiene practices and contaminated food products. In 2008/09 we dealt with 213 such complaints. We investigate all such complaints and provide advice or take enforcement action as appropriate. 11 The table below shows the number of complaints in these categories dealt with by the Food Team in 2008/2009. The figures indicate an increase which is partly attributable to increased customer awareness. 100 80 60 40 20 0 Micro Foreign Body Chemical Premises Practices 06-07 07-08 08-09 We also received and dealt with 91 food complaints concerning matters such as labelling, composition and out of date food. Bracknell Forest Borough Council Home Authority Work We continue to devote resources to working with Bracknell-based food businesses, dealing with 41 referrals from around the country involving local businesses and handling 43 formal requests for advice on food matters. The majority of our Home Authority work is in connection with food importers and Waitrose Ltd, whose head offices are based in this borough. FOOD SAFETY INCIDENTS Food Alerts, such as warnings for removal of particular products from sale or use, are issued by the FSA. The Food Team respond to the Alerts taking whatever action is needed. In 2008/09 we responded to 37 Alerts, 7 of which were for 'action' the remainder for 'information'. Alerts that we responded to included: salmonella detected in seed products and carbon monoxide detected in tuna fillets. Food Poisoning Infectious Disease Notifications An important part of our work is the investigation of infectious diseases, including food poisoning, to locate potential sources and prevent the spread of infection. In 2008/09 we dealt with 245 notifications of infectious diseases. The gastrointestinal infection Campylobacter accounted for 60% of the notifications, reflective of notifications nationwide, according to the figures collated by the Health Protection Agency. Training and Information Education and information are important part of our enforcement activity. We have assisted and supported local businesses through the provision of Level 2 Award in Food Safety in Catering training for food handlers. We provided 5 courses in 2008/09. In addition we have utilised a system developed by the Food Standards Agency called ‘Safer Food Better Business’ (SFBB) to help small food business operators draw up food safety 12 management systems specific to their own food activities. In 2008/09 we continued to offer businesses on-site coaching. June, as always, was a busy time with our involvement in both Food Safety Week and Food Awareness Week, the latter in conjunction with the Bracknell Forest Primary Care Trust. In June 2008 we gave an interactive presentation to a number of schools. Other significant achievements include the ongoing publication and free distribution of a newsletter to local businesses, and the continued provision of advice and information through our website at: http://www.bracknell-forest.gov.uk/environment.htm Berkshire Safe Food Award and Catering for Health During 2008/09 we continued to work in partnership with the Bracknell Forest PCT in awarding a further 6 Catering for Heath Awards. 15 businesses were inspected in the last year and either maintained the required standard of healthy eating or were awarded for the first time. This brings the total number of Bracknell caterers maintaining a high standard of food hygiene and offering a healthy menu choice to 20 food businesses. Enforcement Action We have adopted a broad and comprehensive set of measures to protect consumers and promote food safety, and actively work with local business to achieve a balanced approach. Any enforcement action taken by the Food Team is graduated, proportionate and in accordance with the Council’s Enforcement Policy. A full copy of the policy can be found on our website: http://www.bracknell-forest.gov.uk/ environment/env-environmental.htm. In 2008/09 the Food Team issued 357 written notifications of non-compliance with legal requirements. 2 premises were closed by voluntary agreement due to imminent risk to public health, 9 Formal Improvement Notices were served and 1 Simple Caution was issued, in line with our staged enforcement approach outline in the Enforcement Policy. 3 prosecutions were also taken concerning food standards contraventions. Staff Development A record of continuous development is maintained for all Officers. The following courses were attended during 2008-2009: Investigative Skills Food Standards Approved Premises Preparing for Prosecution Auditing Food Safety Activities and Processes Vacuum Packaging and Modified Atmosphere Packaging Food and Nutritional Labelling Inland enforcement of imported food controls Internal training attended included: nutrition training, approved premises, food hygiene interventions and the changes to food legislation. 13 FOOD ENFORCEMENT PLAN APPENDIX B 2009/2010 Protecting and Informing Consumers Task Outcome By when To seek to ensure all local food businesses are operating as Inspect food businesses in accordance with FSA and March 2010 safely as practicable and are seeking to comply with relevant LACORS (Local Authorities Coordinators of Regulatory legislation. Services) risk assessments. 100% of premises due for food hygiene and food standards inspections (624) 80% Business Satisfaction on inspection (National Indicator 182) 80% Business broadly compliant on inspection (National Indicator 184) Continue to develop Scores on the Doors and Catering for Provide encouragement, direction and support to local March 2010 Health Award Scheme businesses in achieving higher levels of compliance and standards to enhance the wellbeing of Bracknell Forest residents and visitors. Publicise the achievements of businesses and identify those premises requiring improvement by accessing the Council and Scores on the Doors websites Hold 1 award ceremony. To develop and implement a Food Safety Plan detailing Provide encouragement, direction and support to local March 2010 inspection and sampling businesses in achieving higher levels of compliance and standards to enhance the wellbeing of Bracknell Forest residents and visitors. Plan to be achieved within existing resources. In partnership with Consumer Direct South East provide a 95% initial response within 2 working days Ongoing consumer advice and information service providing advice to 90% completed within 30 days residents 100% informed on progress every 30 days Respond and investigate Infectious Disease Notifications To ensure infectious disease notifications are investigated and Ongoing to take prompt action to prevent food poisonings and 14 infections spreading. Protecting and Informing Customers Task Outcome By when Implement a food and water sampling programme which is in Identification of potential risk areas and to assess the Ongoing accord with national and local requirements, linked to the effectiveness of food safety management systems. inspection programme and is complementary to the Trading A joined-up approach to sampling to maximise impact within Standards sampling programme. the budget available. Develop an imported food policy with Trading Standards Ensure imported food entering the Borough is safe and March 2010 correctly labelled. 100 premises included in checks throughout the year. Publish specialist food safety newsletters Two Food Newsletters in association with Trading Standards March 2010 and Licensing. Support for Local Businesses Task Outcome By when Develop integrated approach between Environmental Health, Agree and define approach to integration using 'Retail March 2010 Trading Standards and Licensing to maximise resources and Enforcement Pilot' model. reduce the regulatory burden on compliant businesses. Number of shared interventions to be achieved: 60. Provide training and coaching to Food Businesses to provide Support 20 small businesses with SFBB. Overall increased March 2010 a documented food safety management plan compliance with HACCP in SME food businesses. Increase the number of food businesses eligible for the Safe Food Award. Develop specialist project aimed at consistently poor catering 10% increase in confidence in management (40 businesses) March 2010 premises to raise levels of compliance To provide support to local businesses in line with the Respond to requests for advice within 2 working days and Ongoing LACORS Home Authority Principle provide full advice within 14 days Respond to referrals within 2 working days. Refer to company 15 within 21 days. Closed within 3 months. Provide competitively priced accredited training courses in 6 x Level 2 CIEH training courses plus 1 specialist language March 2010 food business or sector specific courses. Local Partnerships Task Outcome By when To support and participate in the working of the Trading Work effectively together upon agreed regional and national March 2010 Standards South East Ltd region of authorities and the projects to provide a consistent and improved service. Berkshire Food Liaison Group To further develop the Buy With Confidence trader approval To form partnerships with a variety of businesses including March 2010 scheme within Bracknell Forest food, in order to deliver higher standards and improved customer satisfaction. 60 businesses signed up by 31/3/2010. In partnership with the Berkshire East PCT promote the Support and encourage caterers to provide healthy menu March 2010 Healthy Eating criteria for caterers choices. Continue to encourage new premises to gain Healthy Eating Awards of which 2 in the area of health inequality. Performance Management Task Outcome By when To respond within agreed timetables for national performance Full reports submitted within timeframes. As data for the Food Standards Agency and BERR (Department requested for Business Enterprise and Regulatory Reform) To maintain a BFBC integrated Food Service between Food To implement contents of agreed work plan, ensure Ongoing Hygiene and Food Standards consistency of approach and maximise resources. Complete Quarterly Quality Performance Assessments To ensure the quality and consistency of the Food Team's Quarterly work. Maintain and assess competency of food safety and food Provide or source relevant training as required. Ongoing 16 standards officers in line with Food Standards Agency criteria Complete Quality Monitoring in line with the existing procedures. 17 APPENDIX C Equality Impact Assessment Record Date of EIA 17 July 2009 Directorate Environment Culture & Communities Step Initial Screening Record 1/2 Activity to be assessed Food Law Enforcement Plan 2009-10 What is the activity? Policy/strategy Function/procedure project Review Service Organisational change Is it a new or existing activity? New Existing Aim / objective / purpose of the activity – who is the activity The Council is required under the Food Standards Act 1999 to ensure that designed to benefit/target? national priorities and standards are delivered effectively and consistently at a local level responsible for ensuring compliance with the Food Safety Act 1990, the European Communities Act 1972 and associated regulations at a local level. The plan sets out how the Council intends to comply with those obligations and in so doing mitigate against the risk of an adverse inspection report from the external monitoring body the Food Standards Agency followed by possible intervention and surcharge . The activity is regulatory and the Equality Impact Assessment in relation to the plan was covered by the overarching document “Enforcement Policy 2008" which was reported to the Executive on 18 November 2008. The purpose of the enforcement policy is to set a framework for enforcement action in the Environment and Public Protection Division which includes the Health and Safety Law Enforcement Plan. Who is responsible for the The person/section/team responsible for this policy/function is: Overwrite with activity? name of individual, section or team Did Step 1: Initial Screening Yes – full EIA completed and recorded below. indicate that a full EIA was No – full EIA not completed therefore record ends here. necessary? Full EIA Record Who are the members of the EIA Overwrite with names of individuals, section or team team? What evidence has been found to indicate that the activity might 3/4 need to be amended? (Include any consultation undertaken) With regard to the equalities Groups Impacted Groups impacted adversely themes, which groups might be 4 Race and ethnicity Race and ethnicity impacted by the activity? Might any of these groups be impacted Disability Disability adversely? Gender Gender Age Age Sexual Orientation Sexual Orientation Religion or belief Religion or belief 18 APPENDIX C What evidence is there to suggest an impact/adverse impact? On what grounds can impact or adverse impact be justified? Is there any current action that addresses issues for any of the groups impacted/adversely impacted? What changes will you make to the activity reduce or remove 5 any differential/adverse impact? Into which action plan/s will these actions be incorporated? Who is responsible for the action plan? Have any examples of good practise been identified as part of the EIA? Has the EIA been published on the Council website? 6 Who is the relevant Chief Officer Name and have they signed off the EIA? Signature……………………………………………………………….. Which PMR will this EIA be reported in? 19 20