The Council, along with others in Devon have adopted the national Food Hygiene Rating Scheme.
The Scheme is a Food Standards Agency/Council partnership initiative to provide consumers with simple information about hygiene standards in food businesses found during routine inspections so as to help them to make informed choices about where they buy and eat food. We have adopted the national scheme because it will mean that the ‘rating’ given by this Council will be consistent with those given by council’s elsewhere in the country. Food businesses complying with food safety law should have nothing to fear.
What the Scheme is about?
A risk rated approach to inspection of food premises has been practiced for many years by local authorities; this enables councils to prioritise their resources and inspect those posing the highest risk at a greater frequency than others. As part of these risk rating parameters there is a ‘hygiene rating’ and this shows how the business is meeting the requirements of food hygiene law. It is these ‘hygiene rating’ components that will create the ‘score’ for the Food Hygiene Rating Scheme; these are as follows:
- How hygienically the food is handled - how it is stored, prepared, cooked, re-heated, and cooled
- The condition of the structure of the food premises – the cleanliness, layout, lighting, ventilation and other facilities
- How the business manages and records what it does to make sure food is safe
As part of the Food Hygiene Rating Scheme, at the end of the inspection, the business will be given one of six ratings based on the above criteria. These are:
5 - Very good
4 - Good
3 - Generally satisfactory
2 - Improvements necessary
1 - Major improvement necessary
0 - Urgent improvement necessary
I own a food business. Will the scheme apply to me?
Your business will be inspected as part of our routine inspection programme, and all businesses routinely inspected after April 11th 2011 will be issued with a ‘score’ between 0 and 5 (5 being very good). The Scheme is specifically aimed at premises supplying food directly to consumers and these will include restaurants, pubs, cafes, takeaways, hotels, mobile traders and other places where consumers eat out. Places where public access is limited but where food is prepared, cooked or handled and served, such as schools, hospitals, nurseries and care homes will also be included, as will retail shops and supermarkets.
I am a customer-What do the different ratings mean?
The food hygiene rating reflects the hygiene standards found on the date of inspection by a food safety officer from the business's Council. The hygiene standards found at the time of inspection are rated on a scale. At the bottom of the scale is '0' – this means urgent improvement is required. At the top of the scale is '5' – this means the hygiene standards are very good.
A rating shows you how well the business is meeting the requirements of food hygiene law. It gives you an idea of what's going on in the kitchen, or behind closed doors, so customers can choose where they eat or buy food.
How often will a restaurant or other food business be given a new rating?
A new rating is given each time the business is 'inspected' by a food safety officer from the Council where the business is located. The frequency is determined by the ‘risk’ rating. The greater the risk rating, the more often the business is inspected.
What happens after a food business gets its rating?
The food hygiene rating score awarded to premises will be published on http://ratings.food.gov.uk/ and a sticker and certificate will be given to the premises showing the score that has been awarded.
What does the rating sticker and certificate look like?
Examples of the sticker and certificate can be found here:
Sticker
Certificate
What can the owner of a business do if they think the rating given is unfair or wrong?
The owner or manager of the business should discuss the rating with the food safety officer that inspected the business. This should explain why the rating was given and provide ways forward for the business to improve its rating in the future. The scheme does have some safeguards for businesses so as to be fair and transparent. These can be found here.
Does a food business have to display its rating?
No, so if you see a business without a hygiene rating sticker or certificate, customers will have to decide if they want to eat or buy food from there without knowing the hygiene standards. Displaying a hygiene rating on show is a good advertisement for businesses that meet the requirements of food hygiene law. A good food hygiene rating is good for business.
What does 'Awaiting Inspection' mean?
If a new business has been set up, or there is a new owner, it will not have a food hygiene rating to begin with but it may display a sticker or certificate that says 'Awaiting Inspection'. A rating will only be given after a Council food safety officer has inspected the business to check the hygiene standards. This is usually carried out within 28 days of the new business being registered with the local environmental health service.
Why are businesses with poor ratings not closed down?
Businesses given ratings of '0' or '1' must make urgent or major improvements to hygiene standards. The Council food safety officer will use a number of enforcement tools as well as giving advice and guidance to make sure these improvements are made.
If the officer finds that a business's hygiene standards are very poor and there is an imminent risk to health – this means food is not safe to eat – the officer will take action to make sure that consumers are protected. This could mean prohibiting part of an operation or closing the business down. This is quite unusual as we aim to maintain and support good standards within our area.
We take a graduated approach to enforcement and always try and educate and advise before conditions require any such formal action. Food premises are subject to visits at ‘any reasonable time’ from food safety officers and therefore aim to be producing good food that is safe for consumers to eat.
Safeguards for business
‘Right to reply’ form
Appeal form
Revisit form
Can the owner of a business ask for a revisit/re-inspection to get a new rating?
Yes, but only if the improvements to hygiene that the Council food safety officer told the business about at the last inspection have been made.
The owner or manager of the food business can only ask the Council once for another inspection to be carried out before the date of the next planned inspection.
What is the purpose of requested re-visits?
Premises are automatically given a new food hygiene rating each time the business is inspected by the Council. The frequency of these planned inspections depends on the rating. The greater the risk, the more often premises are inspected. If improvements are made to hygiene standards that the Council food safety officer required at the last planned inspection, a re-visit can be requested, to occur before the next planned inspection. This gives an opportunity for hygiene standards to be reassessed with a view to giving a new and higher food hygiene rating to that premises. A rating may remain the same or go down.
I run a food business-Is there anything I should do before making a request for a re-visit?
You are recommended to look carefully at the comments that the food safety officer made about the hygiene standards found at your last inspection in the report or letter you were given and make sure that you have taken appropriate action to address any issues raised. You can discuss anything you are unsure about with your food safety officer or ask for further help on how to make improvements. If you have made improvements, you may be asked to supply evidence of how this has been achieved, e.g. by taking photographic evidence of such improvements.
This is important because you can only have one re-visit between the Council's planned inspections of your premises. The officer will be looking at standards generally – not just at the specific areas you have been working to improve – so your hygiene rating could well go down and not up and you will not be able to get a new rating then until your next planned inspection which may not be for some time.
What should I do if I want to request a re-visit?
You should put your request in writing on the appropriate form (you can send an email)to the food safety team - you will be given the contact details when you are notified about your rating. You can also download a ‘request for revisit’ form here
You must explain what actions you have taken on the issues raised at your last inspection and you should include supporting evidence, for example, receipts or photographs to show that work has been completed. This is important as the Council could refuse your request if you do not provide sufficient information and evidence. If the request is refused you will be given an explanation of why and advice on any action you need to take or evidence you need to provide before your request can be agreed. If you do not agree with the Council's decision to refuse your request, you can raise the matter with the lead officer for food. If you cannot resolve matters with the lead officer for food, you can use the complaints procedure for your Council, details of which may be found on the authority's website.
How long do I have to make my request?
There is no deadline for this - you can ask at any time after you've taken action to make the necessary improvements that were identified at your inspection.
You cannot, however, dictate when the re-visit will take place.
How soon will the Council visit?
Usually, the re-visit will not take place in the first three months following the inspection at which you were given your food hygiene rating. If, however, you were required only to make structural improvements or repairs or to upgrade equipment, your Council may choose to carry out the requested re-visit sooner than this.
If you make your request later than three months after your initial inspection, you may expect a re-visit within three months but you will not be told a specific date and time as food hygiene inspections will be ‘unannounced’.
I have a food business. What happens if I have a revisit, and when will I know the result?
At the re-visit, the food safety officer will assess the standards of hygiene at your premises and you will be told in writing - either at the time or within 14 days (this includes weekends and bank holidays) - what your new food hygiene rating is. This could stay the same as before, it could go up, or it could go down.
As with the original hygiene rating, you can appeal this if you think it is wrong or unfair or you can submit a 'right to reply' for publication on the Food Standards Agency website.
How do I appeal against my rating?
It is a good idea to speak informally first of all to the food safety officer that undertook the inspection of your premises. This will help you to understand how your rating was worked out and to see if you can resolve the matter without having to appeal.
You must lodge your appeal in writing (you can send an email) within 14 days of being notified of your food hygiene rating - you will be told the deadline for appealing when you are notified about your rating.
What is the purpose of the appeal process?
Following a hygiene inspection of your premises by a food safety officer from your Council you will be told in writing either at the time, or within 14 days what your food hygiene rating is.
If you think that the rating is wrong or unfair, or that it does not reflect the hygiene standards at the time of inspection, you can appeal against this.
What should I do if I am still unhappy with my food hygiene rating?
If you still think the rating given is wrong or unfair, you can lodge an appeal. To do this, you should complete the standard appeal form which is available here to download or by going onto the Food Standards Agency website and send this to your Council's lead officer for food – again you will be given the contact details for this officer when you are notified about your rating.
What happens next and when will I know the result?
If you lodge an appeal, the information will show that your food hygiene rating is 'awaiting publication'.
The lead officer for food or their deputy will review your case (in some circumstances a further visit to your premises may be required) and you will be notified of the result within a maximum of seven days from the date that the appeal was lodged and your hygiene rating will then be published on the Food Standards Agency website.
What if I don't agree with the outcome of the appeal?
You can challenge the Council's decision by judicial review and should seek the advice of a solicitor.
What is the purpose of the 'right to reply'?
The owner or manager of the business also has a 'right to reply'. This lets the business explain any actions that you have taken after your inspection to improve hygiene standards at your premises or to say if there were unusual circumstances at the time of the inspection that might have affected your food hygiene rating. It is not an opportunity to complain or criticise the food hygiene rating scheme or your food safety officer.
What should I do if I want to use my 'right to reply'?
This is different from an appeal. The owner or manager can fill in a form that they can get from their Council to tell them how the business has improved hygiene or to say if there were unusual circumstances at the time of the inspection. Replies will be vetted by the Council prior to them being posted on the national website.
A business's right to reply will be published online by the Council with the business's hygiene rating.
You should send your comments in writing (you can send an email) using the 'Right to Reply' formto the food safety officer that undertook the inspection of your premises - you will be given the contact details for the officer when you are notified about your rating.
How long do I have to submit my comments?
There is no deadline for this so you can submit your 'right to reply' at any time up until your next inspection when you will get a new food hygiene rating.
What happens next?
Your Council may edit your comments in order to remove any offensive, defamatory, clearly inaccurate or irrelevant remarks. Other than that, what you say in your 'right to reply' will then be published online together with your hygiene rating on the Food Standards Agency website.
How to find out more
Many businesses are already expressing an interest in their score rating based on their last inspection prior to this Scheme being adopted. We would be happy to provide you with this information on an informal basis by telephone or email should you so wish. However, I would point out that such information is historic and might not reflect the current state of compliance with food law. Unfortunately, we will not be able to award stickers or certificates based on past compliance ratings prior to the scheme being introduced.
Can I give feedback on what I think about the scheme?
Yes, we're interested to know what you think. You can contact us by emailing eh@westdevon.gov.uk or environmental.health@southhams.gov.uk
If you would like to submit comments to the Food Standards Agency, please email: hygieneratings@foodstandards.gsi.gov.uk or by calling 020 7276 8435.
If you prefer to write to us, please send your letter to:
Food Hygiene Ratings Team
Aviation House
125 Kingsway
London WC2B 6HN
Where can I get more information on the national Food Hygiene Rating Scheme?
You can visit the Food Standards Agency website for more information on the national Food Hygiene Rating Scheme you can also go to their Food Hygiene Rating Scheme "Frequently Asked Questions" page. Alternatively please contact our Environmental Health Department, you can email us at environmental.health@southhams.gov.uk
