Food Safety Enforcement Policy

The Scottish Borders Council has signed the Enforcement Concordat. Food enforcement will comply with the Concordat. The Food Standards Agency has set a standard of food enforcement in consultation with other bodies, including consumers. Accordingly, food enforcement activity is carried out in order to satisfy that standard and all relevant legislation and statutory codes of practice.

Standards
The Food Standards Agency standard is published and available on the Food Standards Agency Web Site. The Scottish Borders Council Food Safety Policy is published on this site.

Openness
We will provide information and advice in plain language. A number of leaflets are available for appropriate distribution. Advice on particular aspects of enforcement will be provided on request to the Head of Environmental Services. Specific advice on compliance failures etc., can be discussed with individual Environmental Health Officers and Food Safety Officers, or with their Manager.

Helpfulness
We believe that ″prevention is better than cure″ and that our role therefore involves actively working with businesses, especially small and medium sized businesses, to advise on and assist with compliance. We will provide a courteous and efficient service and our staff will identify themselves by name. We will provide a contact point and telephone number for further dealings with us. We will encourage businesses to seek advice/information from us. All applications for approval of establishments, licences, registration etc., will be dealt with efficiently and promptly and in accordance with the best available guidance. Guidance may be available from the Food Standards Agency or from the Local Authorities Co-ordinating Body on Regulatory Standards (LACORS). We aim to ensure that wherever practical; enforcement services are effectively co-ordinated, to minimise unnecessary overlaps and time delays.

Complaints about Service
The Council has a well-publicised comments and complaints procedure, entitled ″Something to Say?″ and leaflets describing the procedure are available at all Council Offices.

Proportionality
We will minimise the cost of compliance for business by showing that:-

Action that we require is proportionate to the risks, as far as the Law allows.
We will take account of all circumstances of the case and the attitude of the operator, when considering action.
We will take particular care to work with small businesses and voluntary and community organisations, so that they can meet their legal obligations, without unnecessary expense, wherever practicable.

Consistency
We aim to carry out all food enforcement, in a fair, equitable and consistent manner, following our Food Safety Procedure No. 10, to promote consistency. The Food Team is kept abreast of the enforcement aspects in other Authorities through the Lothian and Borders Food Liaison Group and LACORS.

Enforcement
In accordance with our food safety procedures, visits from our officers are confirmed in writing, clearly and simply. Letters are required to distinguish between legal requirements and recommendations as to good practice. Reasons for requiring changes will always be given.

Unless urgent immediate action is required, we will provide an opportunity for discussion before any case is referred to the Procurator Fiscal. Discussions will usually include the Food Team Leader. If immediate action is considered necessary, an explanation for it will be provided at the time and confirmed in writing within 5 working days.

All Improvement or Prohibition Notices will give advice on the appeals mechanism and the recipient’s attention will be drawn, in the accompanying letter, to the notes in the Notice.

All reasons for proceeding with formal enforcement, will be noted in the record of the incident or premises file.

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	Food Safety Enforcement Policy The Scottish Borders Council has signed the Enforcement Concordat. Food enforcement will comply with the Concordat. The Food Standards Agency has set a standard of food enforcement in consultation with other bodies, including consumers. Accordingly, food enforcement activity is carried out in order to satisfy that standard and all relevant legislation and statutory codes of practice. Standards The Food Standards Agency standard is published and available on the Food Standards Agency Web Site. The Scottish Borders Council Food Safety Policy is published on this site. Openness We will provide information and advice in plain language. A number of leaflets are available for appropriate distribution. Advice on particular aspects of enforcement will be provided on request to the Head of Environmental Services. Specific advice on compliance failures etc., can be discussed with individual Environmental Health Officers and Food Safety Officers, or with their Manager. Helpfulness We believe that ″prevention is better than cure″ and that our role therefore involves actively working with businesses, especially small and medium sized businesses, to advise on and assist with compliance. We will provide a courteous and efficient service and our staff will identify themselves by name. We will provide a contact point and telephone number for further dealings with us. We will encourage businesses to seek advice/information from us. All applications for approval of establishments, licences, registration etc., will be dealt with efficiently and promptly and in accordance with the best available guidance. Guidance may be available from the Food Standards Agency or from the Local Authorities Co-ordinating Body on Regulatory Standards (LACORS). We aim to ensure that wherever practical; enforcement services are effectively co-ordinated, to minimise unnecessary overlaps and time delays. Complaints about Service The Council has a well-publicised comments and complaints procedure, entitled ″Something to Say?″ and leaflets describing the procedure are available at all Council Offices. Proportionality We will minimise the cost of compliance for business by showing that:- Action that we require is proportionate to the risks, as far as the Law allows. We will take account of all circumstances of the case and the attitude of the operator, when considering action. We will take particular care to work with small businesses and voluntary and community organisations, so that they can meet their legal obligations, without unnecessary expense, wherever practicable. Consistency We aim to carry out all food enforcement, in a fair, equitable and consistent manner, following our Food Safety Procedure No. 10, to promote consistency. The Food Team is kept abreast of the enforcement aspects in other Authorities through the Lothian and Borders Food Liaison Group and LACORS. Enforcement In accordance with our food safety procedures, visits from our officers are confirmed in writing, clearly and simply. Letters are required to distinguish between legal requirements and recommendations as to good practice. Reasons for requiring changes will always be given. Unless urgent immediate action is required, we will provide an opportunity for discussion before any case is referred to the Procurator Fiscal. Discussions will usually include the Food Team Leader. If immediate action is considered necessary, an explanation for it will be provided at the time and confirmed in writing within 5 working days. All Improvement or Prohibition Notices will give advice on the appeals mechanism and the recipient’s attention will be drawn, in the accompanying letter, to the notes in the Notice. All reasons for proceeding with formal enforcement, will be noted in the record of the incident or premises file.
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