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1、Corby Borough CouncilEnvironmental Quality Department Food SafetyEnforcementPolicy StatementIntroduction1. Corby Borough Councils aim is to work to ensure that food and drink intended for sale for human consumption, which is produced, stored, distributed, handled, sold or consumed within the borough
2、 is without risk to the health and safety of any potential customer.2. This Enforcement Policy Statement sets out the general principles and approach which Corby Borough Council will follow when considering enforcement action.3. The appropriate use of enforcement powers, including prosecution, is im
3、portant, both to secure compliance with the law and to ensure that those who have duties under it may be held to account for failures to safeguard food safety and the publics health.The Purpose and Method of Enforcement4. Enforcement action will be based on an assessment of the risk1 to public healt
4、h and not constitute a punitive response to minor technical contraventions of the legislation.5.The Council will be guided by the statutory Codes of Practice issued under Section40 of the Food Safety Act 1990, regulation 24 of the Food Hygiene (England) Regulations 2006, regulation 6 of the Official
5、 Feed and Food Controls (England) Regulations 2007, and guidance produced by the Local Authorities Coordinators Of Regulatory Services (LACORS) and any guidance produced by the Food Standards Agency (FSA).6.All officers when making enforcement decisions shall abide by this policy. Any departure from
6、 this policy must be exceptional, capable of justification, recorded and approved by the Health Protection Manager.7.The purpose of enforcement is to: ensure that duty holders take action to deal immediately with serious risks; promote and achieve sustained compliance with the law; ensure that duty
7、holders who breach food safety requirements are held to account, which may include bringing alleged offenders before the courts.1 In this Policy risk (where the term is used alone) is defined broadly to include a source of possible harm, the likelihood of that harm occurring, and the severity of any
8、 harm8.Corby Borough Council has a range of tools at their disposal in seeking to secure compliance with the law and to ensure a proportionate response to criminal offences. Authorised officers may offer duty holders information, and advice, both face to face and in writing. This may include warning
9、 a food business operator that in the opinion of the officer, they are failing to comply with the law. Where appropriate, authorised officers may also serve improvement and emergency prohibition notices and issue formal cautions A formal caution is a statement by an officer that is accepted in writi
10、ng by the duty holder, that the duty holder has committed an offence for which there is a realistic prospect of conviction. A formal caution may only be used where a prosecution could be properly brought. Formal cautions are entirely distinct from a caution given under the Police and Criminal Eviden
11、ce Act by an authorised officer before questioning a suspect about an alleged offence. Enforcing authorities should take account of current Home Office guidelines when considering whether to offer a formal caution. and they may prosecute.9.Giving information and advice and issuing improvement or eme
12、rgency prohibition notices are the main means which authorised officers use to achieve the broad aim of dealing with serious risks, securing compliance with food safety law and protecting public health. Information on improvement and emergency prohibition notices is made publicly available.10.Every
13、improvement notice contains a statement that in the opinion of an officer an offence has been committed. Improvement and emergency prohibition notices, and written advice, may be used in court proceedings.11.Formal cautions and prosecutions are important ways to bring duty holders to account for all
14、eged breaches of the law. Where it is appropriate to do so in accordance with this policy, Corby Borough Council will use one of these measures in addition to issuing an improvement or emergency prohibition notice.12. Investigating the circumstances encountered during inspections or following incide
15、nts or complaints is essential before taking any enforcement action. In deciding what resources to devote to these investigations, Corby Borough Council will have regard to the principles of enforcement set out in this statement and the guidance published in the FSA “Framework Agreement on Local Aut
16、hority Food Law Enforcement”, referenced to the departments own Food Safety Service Plan.Decision Making13.Inspecting officers will discuss potential prosecutions with the Health Protection Manager who may seek advice from the Head of Legal and Democratic Services prior to any recommendation for prosecution being made.14.Authori
