We aim to provide a courteous and efficient service in order to maintain a fair and safe trading environment and hence protect the public, the environment and groups such as consumers and workers.

We recognise that most businesses want to comply with law and we will therefore take care to help businesses and others meet their legal obligation without unnecessary expense.

We provide information and advice in a plain language and are open about how we set out our work.

We account for the needs and views of consumers and businesses and encourage them to seek advice and information about us.

The Council will achieve its main objectives by planning the following key activities;
· Food Standards Inspections
· Complaints Investigations
· Sampling for analysis
· Home Authority support.

Food Standards Inspections

All food premises will be assessed using the criteria detailed in the Code of Practice (Annex 5). The minimum inspection frequency will be determined in accordance with this assessment score and an inspection programme implemented.

Sampling for Analysis

The Council intends to submit food and packaging samples (where necessary) to the Public Analyst at the rate of 2.5 per 1,000 population.

Complaints investigation

The Council will investigate all food complaints brought to its attention in accordance with the procedure detailed in the NIFLG food complaint investigation document of December 2006.

Home Authority Principle

The Council supports and is committed to the LACORS Home Authority Principle which is designed to encourage efficiency, promote uniformity, reduce duplication and assist enterprises to comply with the law.

To achieve its objective, the Council will provide consistent, effective and efficient enforcement, appropriately resourced; with an emphasis placed on “prevention” through advice.

­ Failure to comply with a single requirement that prejudices consumers;
­ Failure to comply with a number of requirements that, taken together, indicate ineffective management.

To ensure an effective Food Standard enforcement service, the Council will employ staff with the appropriate qualifications, skills, experience and therefore competency. The Council will have regard to the requirements for authorised officers and experts contained in the Code of Practice.

Only officers who have been sufficiently trained and are experienced in matters including general principles of Criminal Law and Practice (including its nature, composition and potential contamination etc), Food Standards Law, food processing, food analysis, quality assurance and auditing will be used for food standards enforcement. The Council is committed to the provision of the necessary training to achieve this aim in accordance with Council training policy and procedure.

In considering enforcement needs which may be inconsistent with, contrary to or unclear from any advice already available, the Council will in the first instance consult with the appropriate officer who will in turn consult with the Northern Ireland Food Liaison Group (NIFLG). NIFLG will also consider matters of national significance and refer these as appropriate to LACORS in the interests of ensuring consistent enforcement.

Enforcement options that are available, having considered all relevant information and evidence, are:

(a) To take informal action
(b) To issue formal cautions
(c) To prosecute

Informal action is appropriate in the following circumstances:

* the act or omission is not serious enough to warrant formal action

* from the individual’s/enterprise’s past history, it can be reasonably expected that informal action will achieve compliance

* confidence in the individual/enterprise’s management involved is high

* the consequences of non-compliance will not pose a significant risk to public health

* where the Code of Practice issued under the Food Safety (NI) Order 1991 suggests that informal action may be an appropriate action.

The Council notes the current Home Office advice which states that the purpose of the formal caution is:

· to deal quickly and simply with less serious offences
· to divert less serious offences away from the courts
· to reduce the chances of repeat offences

The Council accepts that the following conditions should be fulfilled before a caution is administered:

· there must be evidence of the suspected offender’s guilt sufficient to give a realistic prospect of conviction

· the suspected offender must admit the offence

· the suspected offender must understand the significance of a formal caution and give an informed consent to being cautioned

The circumstances which are likely to warrant prosecution may be characterised by one of the following:

· where the alleged offence involves a flagrant breach of the law

· where there is a history of similar offences

In accordance with the Code of Practice, the Council will maintain a documented management system to monitor the quality and nature of inspections undertaken by its officers to ensure, so far as practicable that inspections are carried out to a uniform standard. The management monitoring system will ensure that the interpretation and action taken by officers following an inspection is consistent with the Council area.

Should a situation arise where an individual or organisation does not agree with the proportionality of the action taken by the Environmental Health Department, the matter will be referred initially to the Director of Environmental Health. If after consideration by the Director of Environmental Health, the individual or organisation still feels aggrieved, the matter will be referred to the Chief Executive for consideration.

A secondary inspection is defined in the Code of Practice as any other visit to a food business that is not a primary inspection for any purpose connected with the enforcement of food law.

Authorised officers may decide to carry out a secondary inspection as part of follow up action where contraventions were found and measures to correct these were required. Additionally secondary inspections may be carried out to discuss, for example, training or to investigate complaints.

In many circumstances there may not be a need to carry out such additional inspections, officers should consider the previous history of the premises and make a decision based on risk as to whether or not matters arising require a secondary inspection or can be considered at the next primary inspection.

Food businesses that present little or no risk to public health or of prejudicing consumers, or of trading unfairly for food standards purposes, need not be subject to primary inspections.

Primary inspections of such businesses should be triggered by criteria other than the planned inspection programme. This criteria includes, receipt of consumer complaints or applications for registration or changes in premises management and/or the activities.

With respect to all food business where Council is the proprietor, the premises will be inspected and assessed according to the Code of Practice (Annex 5) and relevant food hygiene regulations by authorised officers of the Council. A report of the inspection will be sent to the Council Chief Executive without undue delay as will any other correspondence regarding the compliance or otherwise of that food business.

A copy of this Policy can be obtained by telephoning 028 30313100 or by e-mailing e.health@newryandmourne.gov.uk or in writing to the Senior Assistant Director of Environmental Health (Food Control).

Scheduled Internal Quality Audits in accordance with ISO 9001 will be undertaken to ensure that all enforcement activity is carried out in accordance with this Policy.
Instances of non-compliance with this Policy will be recorded and reported to the Director of Environmental Health.

This policy will be reviewed in June 2010.