1.0 Background
The Food Standards Agency’s ‘Food Law Code of Practice (England)’ requires that local authorities must have a policy that sets out how complaints received about food and food business establishments are handled.”
2.0 Purpose
2.1 The purpose of this Policy is to set out how the Council will handle and investigate food complaints and complaints about food premises in the borough.
2.2 In implementing the Policy the Council recognises that the main aims and objectives of investigating food and food premises complaints are as below:
- To identify contraventions of food legislation.
- To protect the consumer through the enforcement of legislation.
- To help determine whether advice or enforcement action is appropriate where it is suspected that poor practices and procedures exist at a food business.
- To give advice and guidance, where appropriate, on food hygiene matters to food businesses and consumers.
3.0 Scope
3.1 Food Complaints
3.2 With respect to food complaints, the scope of this Policy only covers the investigation of complaints arising from food sold from businesses in the borough, whether the food originated from within or outside the UK.
3.3 More specifically, the scope covers the investigation of food complaints involving contamination by: microorganisms or their toxins; microbiological quality; chemicals where there are hygiene implications and/or a possible imminent risk to health; mould or foreign matter; and allergens (the latter except in cases where Staffordshire County Council’s Trading Standards Service has the lead).
3.4 The Policy does not cover food complaints that are the responsibility of Staffordshire County Council Trading Standards Service to investigate including: chemical contamination where there are no hygiene implications/imminent risk to health; compositional offences; advertisement; presentation and some labelling of food (including pre-packed for direct sale) issues; adulteration; and misleading claims.
The exception to labelling complaints is that Tamworth Borough Council will investigate health and identification marking issues relating to approved establishments, the provisions of legislation relating to the sale of food after the use by date, and the removal or alteration of best before or use by dates.
3.5 Food Premises Complaints
3.6 With respect to food premises complaints, the scope only extends to the investigation of food premises in the Council’s borough. This may include such issues as allegations of food poisoning, poor personal hygiene, poor food handling practices, refuse arrangements, pest control issues etc.
3.7 The scope of the Policy does not cover animal feedstuffs because this is the enforcement responsibility of Staffordshire County Council Trading Standards Service.
4.0 Resources for investigating complaints
4.1 Personnel
Only those Environmental Health Officers and Regulatory Support Officers who have been authorised in accordance with the Food Law Code of Practice may investigate food and food premises complaints. Where the investigation leads to the inspection of a food premises in the borough, the lead investigating officer must be authorised in accordance with the aforementioned procedure to inspect that category of premises.
4.3 Budgetary Provision
4.4 Provision is made within the Environmental Health budget for the investigation of food and food premises complaints, including for scientific investigation where necessary.
4.5 Recovery of Costs Following Legal Action
4.6 Following successful legal action, the Council will seek to recover all investigation costs reasonably incurred in bringing the case.
5.0 Complaint Handling Principles
5.1 Transfer to Another Food Authority
5.2 Food Complaints
On receipt of a food complaint that is the responsibility of another Food Authority to investigate and not Tamworth Borough Council, consideration will be given to accepting the details and making arrangements to transfer them to the other Food Authority, which may be an authority with responsibility for import controls at the point of entry. If this happens the case will be transferred by the quickest possible means. Alternatively, the complainant will be given the contact details of the correct local authority.
5.4 Food Premises Complaints
5.5 If the premises being complained about is not within the Council’s borough, the complainant will be given the contact details of the correct local authority.
5.6 Handling Anonymous Reports and Persons Requesting Anonymity
5.7 Anonymous complaints will be recorded for future reference and will, at the discretion of the case officer, be investigated with the level of investigation determined in accordance with the criteria in 8.0.
5.8 Complainants should be able to make their complaint such that they are free from retaliation, discrimination, or other form of unfair treatment. Requests to remain anonymous will be respected wherever possible. If the officer suspects that this will hinder an appropriate level of investigation, this will be discussed with the complainant prior to beginning or continuing the investigation.
6.0 Notifying the Food Standards Agency
6.1 Serious Localised Food Hazards and Non-Localised Food Hazards
6.2 If at any stage of the investigation it is suspected that either the circumstances of a food or food premises complaint suggests that there may be a serious localised food hazard or a non-localised food hazard (as defined in the Food Law Code of Practice), the Food Standards Agency will be notified, as soon as reasonably possible, in accordance with the aforementioned document. More details can be found in the TBC Food incidents, food alerts and food related infectious disease outbreaks procedure 2024-27.
6.3 Deliberate or Malicious Contamination
6.4 If at any stage of the investigation either deliberate or malicious contamination of a food is suspected, the Food Standards Agency will be notified immediately in accordance with the Food Law Code of Practice.
6.5 Suspected Cases of Food Fraud/Crime
6.6 If at any stage of the investigation food fraud/crime is suspected, the case will be notified immediately to the National Food Crime Unit.
7.0 Liaison with other organisations
7.1 At any stage of the investigation the officer may decide it is necessary to liaise with other relevant organisations which may include one or more of the below.
- Other local authorities
- Food Standards Agency, including the imported foods team
- Any Primary, Home and/or Originating Authority for the business
- Staffordshire County Council (or other relevant) Trading Standards Service
- A trade organization relevant to the issue
- Food Examiner and/or Public Analyst, or other scientific body as appropriate
- UK Health Security Agency – particularly for cases where an outbreak control team may need to be convened.
- National Food Crime Unit
7.2 The purpose of any liaison may be various and include one or more of the points below.
- Transferring an investigation to another enforcement authority.
- Gathering of technical expertise and advice.
- Checking for similar experiences with the business being investigated.
- Checking for consistency of enforcement with other authorities.
- Arranging a joint investigation.
- Convening an outbreak control team.
8.0 Criteria and timescales for investigating food and food premises complaints
8.1 General Criteria
8.2 All food and food premises complaints will be assessed on a risk basis and investigated where appropriate. The decision as to whether to investigate and what level of investigation is required will vary depending on the circumstances and take into account the general criteria below.
- Actual and potential severity of the event.
- Seriousness of the potential breach of food safety legislation.
- History of compliance of the food business operator.
- Enforcement priorities, political factors, and where there is a high degree of public concern.
- Probability of achieving a successful outcome.
- Relevance of the event to a wider range of businesses.
- Legal factors including the availability of evidence.
- Resource constraints within Environmental Health.
- Any ongoing local or national survey or campaign (including current Food Standards Agency priorities).
8.3 Specific Criteria
8.4 The level of investigation deemed appropriate by the officer will be greatest in the below circumstances.
- Complaints appearing to involve a serious breach of food safety legislation.
- Complaints involving any group deemed vulnerable (e.g. children, elderly persons)
- Complaints which indicate a general management failure.
- Complaints for which there is a high degree of public concern.
- Complaints involving a new process, technique or item of plant.
- Complaints relevant to any ongoing local or national survey or campaign (including current Food Standards Agency priorities).
8.5 Timescales
8.6 The aim will be to assess all food and food premises complaints and commence an investigation, where appropriate, within 3 working days from the complaint being made.
9.0 Post investigation enforcement action
9.1 All enforcement action will be determined in accordance with the Council’s Environmental Health Enforcement Policy.
9.2 All relevant parties will be informed of the outcome of the investigation either verbally and/or in writing, any action that the food business must take, and any further action that the Council proposes.
10.0 Publicising the policy
10.1 The Policy will be published and made available to businesses and the public via the Council’s web site www.tamworth.gov.uk.
11.0 Review
11.1 The Policy will be subject to a programmed review every three years. The review will be conducted by the Lead Food Officer.
11.2 The Lead Food Officer will also review the Policy in between programmed reviews, as necessary, if there are changes in legislation and/or guidance relevant to food and food premises complaint work.
11.3 Following a review the Lead Food Officer will make recommendations for any amendments, as necessary, to the Head of Environmental Health. Any revised approved Policy will immediately supersede any previous revision.