Follow Up Visit

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					Report on the Food Law
  Enforcement Service

       The Moray Council
            3 - 6 April 2006




       Follow Up Visit
              22 May 2008
        Updated Action Plan
                                     Foreword
Audits of Local Authorities’ food law enforcement services are part of the Food
standards Agency’s arrangements to improve consumer protection and confidence in
relation to food. These arrangements recognise that the enforcement of UK food law
relating to food safety, hygiene, composition, labelling, imported food and feeding
stuffs is largely the responsibility of Local Authorities.

The full audit examines the Local Authority’s Food Law Enforcement Service. The
assessment includes the local arrangements in place for inspections of food
businesses and foodstuffs, sampling and analysis, internal management, food safety
promotion and educational activities.        It is acknowledged that there will be
considerable diversity in the way and manner in which Local Authorities may provide
their food enforcement services reflecting local needs and priorities.

Agency audits assess Local Authorities’ conformance against The Framework
Agreement on Local Authority Food Law Enforcement “The Standard”, which was
published by the Agency and is available on the Agency’s website at:
http://www.food.gov.uk/enforcement/

The main aim of the audit scheme is to maintain and improve consumer protection
and confidence by ensuring that Local Authorities are providing an effective food law
enforcement service. The scheme also provides the opportunity to identify and
disseminate good practice and provide information to inform Agency policy on food
safety.


Reason for the Re Audit

As part of the Agency’s core audit programme, the Authority was selected for audit in
April 2006.

The report of the April 2006 audit of The Moray Council’s food law enforcement
service included an action plan developed by the Authority to address the audit
findings.

The purpose of this follow-up visit was to review the Authority’s progress against its
action plan.


Audit Scope

The follow-up visit covered The Moray Council’s food hygiene and food standards
law enforcement activities, and looked specifically at the actions taken to address the
non-conformities raised during the April 2006.

This re audit took place at the Authority’s offices at High Street, Elgin on 22 May
2008.



Ref No: (C)SCO/61/20/10                   1                                   June 2008
OCD No: 784
Findings of the Follow-up Visit
Following the Agency’s audit in April 2006, The Moray Council developed an action
plan to address the non-conformities raised.

The Agency notes the progress that has already been made with implementation of
the action plan.

The information below details the following:

•   the original non conformity identified during the date audit,
•   the action the Authority intended to take to address the non conformity,
•   the date by which the non conformity was to be rectified,
•   the progress to date as notified by the Authority in 31 January 2008
•   the comments of the Agency Auditors following their follow up visit on 22 May
    2008

The actions taken to address the action plan have been noted,




Ref No: (C)SCO/61/20/10                   2                             June 2008
OCD No: 784
Non Conformity Identified During Audit (Including Standard Paragraph) –
August 2006
The Authority’s Food Enforcement Service Delivery Plan has not been submitted to
the relevant Member forum for approval as required by the Service Planning
Guidance in Chapter 1 of the Framework Agreement.
[The Standard – 3.1]

Improvement Planned by Local Authority to Address Non Conformity
The Food Enforcement Service Delivery Plan will be submitted to Environmental
Services Committee following receipt of the final audit report.

Date Improvement Planned by
30/06/06

Action Taken by Local Authority & Progress to Date (Notified 31 January 2008)
The 2007-32007 Food Enforcement Service Delivery Plan was submitted to, and
approved by the Environmental Services Committee on 25/10/06

FSA Re Audit May 2008 COMPLETE

The 2008/2009 Food Enforcement Service Delivery Plan is due to go to Committee
on 6th June.

This process has continued since the audit.




Ref No: (C)SCO/61/20/10                  3                             June 2008
OCD No: 784
Non Conformity Identified During Audit (Including Standard Paragraph) –
August 2006
The Authority should document its approach to food law enforcement in its own
premises, either in its Service Plan or Enforcement Policy, as required by the Service
Planning Guidance in Chapter 1 of the Framework Agreement.
[The Standard – 3.1]

Improvement Planned by Local Authority to Address Non Conformity
The issue has been subject to discussion with relevant departments over the
previous 17 months. A policy will be finalised and added to the Service Delivery Plan
Date Improvement Planned by
30/09/06

Action Taken by Local Authority & Progress to Date (Notified 31/01/08)
Approach to food law enforcement incorporated into Food Enforcement Service
Delivery Plan 2006-2007. Enforcement Decision was reviewed and updated
September 2006

FSA Re Audit May 2008 COMPLETE

This has been incorporated into the Food Enforcement Policy.

A memo system is now in place for informing the Chief Executive of the plan for
action following non conformities raised.




Ref No: (C)SCO/61/20/10                   4                                  June 2008
OCD No: 784
Non Conformity Identified During Audit (Including Standard Paragraph) –
August 2006
The performance review based on the service delivery plan has not been submitted
for appropriate annual member approval.
[The Standard – 3.2]

Improvement Planned by Local Authority to Address Non Conformity
The review for 05/06 will be submitted to the Environmental Services Committee with
the Service Delivery Plan.

Date Improvement Planned by
30/09/06

Action Taken by Local Authority & Progress to Date (Notified 31/01/08)
The review was submitted to the Committee on 25/10/06 with the Food Enforcement
Service Delivery Plan

FSA Re Audit May 2008 COMPLETE
Reviews of previous years service delivery is conducted prior to drafting of next years
Service plan.




Ref No: (C)SCO/61/20/10                   5                                   June 2008
OCD No: 784
Non Conformity Identified During Audit (Including Standard Paragraph) –
August 2006
The Authority has not appointed a sufficient number of authorised Officers to carry
out the work set out in the approved service delivery plan.
[The Standard – 5.3]

Improvement Planned by Local Authority to Address Non Conformity
A report will be submitted to the Environmental Services Committee highlighting
necessary staff resources to carry out the work set out in the Service Delivery Plan.

Date Improvement Planned by
Ongoing and 01/04/08

Action Taken by Local Authority & Progress to Date (Notified 31/01/08)
Report on Food Enforcement Service Plan submitted to Committee 30/10/06. No
additional resource provided.

Report submitted to Policy Committee on 24/10/07 on Environmental Health Staffing
and workload.

Staffing situation discussed at Service development Group 17/01/08 – the outcome
not know at time of writing (31/01/08).

FSA Re Audit May 2008 COMPLETE

Full Council gave approval for two additional posts in February 2008. However,
despite advertising twice, one of these posts has not been filled.

The Planning and Regulatory Services Committee is due to meet in June 2008,
where this issue will be highlighted again.




Ref No: (C)SCO/61/20/10                  6                                  June 2008
OCD No: 784
Non Conformity Identified During Audit (Including Standard Paragraph) –
August 2006
The Authority has not ensured that its Officers’ continuing professional development
is in accordance with the Food Law Code of Practice.
[The Standard – 5.3]

Improvement Planned by Local Authority to Address Non Conformity
A CPD programme and record will be developed to ensure compliance with the Food
Safety Food Law Code of Practice. The Employee Review and Development
Programme (ERDP) programme will be completed.

Date Improvement Planned by
30/09/06

Action Taken by Local Authority & Progress to Date (Notified 31/01/08)
New CPD recording programme has been introduced (30/01/08). This will be
monitored to ensure that staff receive the requisite training in accordance with the
Food Law Code of Practice.

Training courses records for Environmental Health: Jan – Dec 2007 have been
provided and the projected training courses for Environmental Health Jan-Dec 2008
have been provided to the Agency.

The ERDP programme has been re introduced and interviews are currently ongoing.

FSA Re Audit May 2008 COMPLETE

The 2007 CPD has been submitted.




Ref No: (C)SCO/61/20/10                  7                                 June 2008
OCD No: 784
Non Conformity Identified During Audit (Including Standard Paragraph) –
August 2006
The Authority has not set up, maintained and implemented a documented training
programme.
[The Standard – 5.4]

Improvement Planned by Local Authority to Address Non Conformity
A training programme and record will be developed to ensure compliance with the
Food Law Code of Practice. The ERDP programme will be completed.

Date Improvement Planned by
30/09/06

Action Taken by Local Authority & Progress to Date (Notified 31/01/08)
A new training and development procedure was introduced 30/09/06 then reviewed
and amended in March 2007. This procedure to be used in conjunction with the CPD
programme to ensure compliance with the Food Law Code of Practice.

Training plan will be introduced following the ERDP.

FSA Re Audit May 2008 COMPLETE

ERDP have been carried out and the training requirements have been recorded for
every Officer.

A new training plan is currently being worked on for the department. Requests from
Officers will be consolidated into a departmental training plan.

File selected and reviewed.




Ref No: (C)SCO/61/20/10                   8                              June 2008
OCD No: 784
Non Conformity Identified During Audit (Including Standard Paragraph) –
August 2006
The Authority is not carrying out all food hygiene inspections at a frequency that is
not less than that determined under the inspection rating system set out in the Food
Law Code of Practice.
[The Standard - 7.1]

Improvement Planned by Local Authority to Address Non Conformity
1. Work is being prioritised to improve frequency of high risk inspections.

2. An Alternative Enforcement Strategy will be introduced.

3. This Authority has had one vacant EHO post since December 2005 despite being
   advertised twice. As you are aware a report will be submitted to Committee in an
   effort to ensure that adequate resources are made available to fulfil our statutory
   obligations.
Date Improvement Planned by
1. 01/04/06

2. 02/08/06

3. Unknown

Action Taken by Local Authority & Progress to Date (Notified 31/01/08)
1. A new monitoring system has been introduced to ensure that A & B inspections
are carried out. This monitoring report is produced on a fortnightly basis.

2. An alternative enforcement strategy has been introduced. 26/11/07.

FSA Re Audit May 2008 COMPLETE

1. New procedure for “Monitoring Information” introduced in 11/12/06, this has been
successful. Fortnightly reports run off to monitor category A & B’s, currently no A &
B’s overdue.

2. The Alternate Enforcement Strategy concentrated on premises due and overdue
from last year, questionnaires sent out. Initial letter sent out in November 2007,
secondary letter sent to those who have not responded. The intention is to repeat
the exercise for those premises due to be inspected this year. Questionnaires are
assessed on receipt.

3. There have been two additional permanent posts added to the establishment but
the Section has been unable to fill the new Food Safety Officer post despite
advertising it twice.




Ref No: (C)SCO/61/20/10                   9                                   June 2008
OCD No: 784
Non Conformity Identified During Audit (Including Standard Paragraph) –
August 2006
In relation to product-specific food hygiene legislation, the Authority is not able to
demonstrate that it is conducting inspections and/or approvals in accordance with the
relevant legislation, the Food Law Code of Practice and centrally issued guidance.
[The Standard – 7.2]

Improvement Planned by Local Authority to Address Non Conformity
Inspections and/or approvals will be conducted in accordance with the relevant
legislation, the Food Law Code of Practice and centrally issued guidance. All such
activities will be recorded.

The re-issue of approvals in accordance with current legislation will be completed
when the Food Law Code of Practice is published and a determination of which
businesses require approval can be made.

Date Improvement Planned by
31/08/06

Action Taken by Local Authority & Progress to Date (Notified 31/01/08)
Approved commercial premises checklist has been produced which is to be attached
to the front of each approved premises file (amended 05/03/07).

A staff presentation on the audit was given on 23/08/06 and the importance of
compliance with this non conformity was emphasised.

Re approvals process is ongoing using new LACORS based inspection forms.

FSA Re Audit May 2008 COMPLETE
Commercial premises checklist included at front of file.

2 premises selected during visit and files checked. Both had recently undergone the
re approval process and have met the requirements of Regulations (EC) 852/2004
and 853/2004. Suitable records were maintained on file.




Ref No: (C)SCO/61/20/10                   10                                 June 2008
OCD No: 784
Non Conformity Identified During Audit (Including Standard Paragraph) –
August 2006
The Authority has not set up, maintained and implemented a documented procedure
to ensure that its food premises database is accurate and up to date.
[The Standard – 11.2]

Improvement Planned by Local Authority to Address Non Conformity
A substantial amount of work is required in connection with the new food premises
database and a new documented procedure will be implemented.

Date Improvement Planned by
30/09/06

Action Taken by Local Authority & Progress to Date (Notified 31/01/08)

A new database validation procedure has been implemented.

FSA Re Audit May 2008 COMPLETE

New procedure in place.




Ref No: (C)SCO/61/20/10                11                                June 2008
OCD No: 784
Non Conformity Identified During Audit (Including Standard Paragraph) –
August 2006
In accordance with centrally issued guidance, the Authority has not confirmed in
writing to food business proprietors that improvement notices have been complied
with.
[The Standard – 15.2]

Improvement Planned by Local Authority to Address Non Conformity
Written confirmation will be provided to businesses that the Improvement Notice has
been complied with.

Date Improvement Planned by
01/04/06

Action Taken by Local Authority & Progress to Date (Notified 31/01/08)
The non conformity was emphasised to staff during the presentation of 23/08/08. A
new standard letter was produced 04/05/08.

FSA Re Audit May 2008 COMPLETE

Updated letter in place and used appropriately.




Ref No: (C)SCO/61/20/10                  12                               June 2008
OCD No: 784
Non Conformity Identified During Audit (Including Standard Paragraph) –
August 2006
The Authority has not maintained up to date, accurate records for all food premises in
its area in accordance with the Food Safety Act Food Law Code of Practice.
Records are incomplete or missing in relation to reports of inspections and visits and
the determination of compliance with legal requirements made by authorised
Officers.
[The Standard – 16.1]

Improvement Planned by Local Authority to Address Non Conformity
The Authority will ensure it maintains all necessary records for all premises.

Date Improvement Planned by
Ongoing

Action Taken by Local Authority & Progress to Date (Notified 31/01/08)

A new inspection form in terms of Regulation (EC) 852/2004 produced to ensure all
aspects of the Food Law Code of Practice are covered.

A new food premises inspection report form has been produced. It is proposed to
review the letters and a new monitoring system was introduced in April 2007.

FSA Re Audit May 2008 COMPLETE

Files were selected for review during the visit. Evidence of inspection aide memoire
and report forms in file.




Ref No: (C)SCO/61/20/10                    13                                    June 2008
OCD No: 784
Non Conformity Identified During Audit (Including Standard Paragraph) –
August 2006
The Authority has not verified its conformance with The Standard, relevant
legislation, the Food Law Code of Practice, relevant centrally issued guidance and
the Authority’s own documented policies and procedures.
[The Standard – 19.2]

Improvement Planned by Local Authority to Address Non Conformity
A report will be submitted to Environmental Services Committee highlighting
necessary staff resources to carry out enhanced monitoring to verify conformance
with the Standard.

Date Improvement Planned by
Ongoing at Present, Revised date of 31/01/08

Action Taken by Local Authority & Progress to Date (Notified 31/01/08)
Monitoring information submitted to the Agency.

FSA Re Audit May 2008 COMPLETE

Risk assessments are assessed by the Principal Officer on an ad-hoc basis.

Monitoring procedures are carried out, for example infectious disease notifications
are followed up within 24 hours and this is recorded.

Accompanied inspections are carried out as required.

Sampling programme is monitored by a nominated Officer and sample results are
followed up appropriately.

Fortnightly reports are run on the food hygiene inspection programme to ensure
compliance.

In relation to monitoring activities with respect to the database, monitoring data
should be made available to the Environmental Health Manager to ensure that the
database is accurate and up to date.




Ref No: (C)SCO/61/20/10                 14                                   June 2008
OCD No: 784

				
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