ENVIRONMENT OVERVIEW GROUP

27 JULY 2006

REPORT OF HEAD OF ENVIRONMENTAL & CONSUMER PROTECTION SERVICES

PUBLICATION OF FOOD SAFETY INSPECTION REPORTS

1. Purpose of Report

1.1 The Freedom of Information Act 2000 & Environmental Information Regulations 2004 increased the amount of information being made readily available to the public. This report discusses the principal of proactively publishing food safety inspection information on the premises and on the internet.

2. Decision Required

2.1 To seek Members support for

a)the principle of publication of food safety inspection information on the

premises and on the internet

b)officers to continue to explore with their colleagues in other Dorset authorities a consistent County wide format for the publication of this information.

3. Background Information

3.1 The Food Safety Act 1990 requires the Council to inspect all food businesses to ensure they are meeting their responsibilities, ensuring that food is safe to eat, is correctly stored and cooked on clean premises.

3.2 Frequency of inspection varies between six months and three years dependant upon the risk rating of the business. The risk rating system used is that devised by the Food Standards Agency, using eight criteria including type of processing undertaken, level of production, confidence in management controls and structural condition.

3.3 The 2006/07 Food Service Plan identifies 432 programmed inspections to be undertaken.

3.4 To date only a small number of requests for disclosure of food safety inspections have been received. However it is anticipated that the number of requests will increase. Publication of information is a positive way to present transparent information to consumers which enables them to make informed choices.Such schemes have been introduced in Toronto, Los Angeles and Denmark , where standards of food hygiene have risen since the schemes have been implemented. The publication of reports gives recognition to the vast majority of businesses who operate to a good standard and acts as an incentive to others to improve their performance. At least 23 local authorities in the UK are already publishing details of inspections on their internet site or at the food premises itself.

3.5 The Food Standards Agency in conjunction with a small number of local

authorities have just begun piloting differing publication schemes seeking

to establish the basis for a national scheme. However the pilots are

planned to run for two years. In addition a change in legislation would be

required before a mandatory national scheme could be introduced.

Consequently it is necessary for Local Authorities wishing to publish this

information to design their own scheme.

3.6 A straw poll of businesses in Poole indicates support for publication

4. Legal considerations

4.1 The Head of Legal & Democratic Services advises there are no legal

objections to publication. The Freedom of Information Act publication

scheme will require updating to include reference to proactive

publication of food safety reports.

4.2 The Information Commissioner, considered a request made to Bridgend Council for disclosure of a food safety inspection. The Council had refused to disclose the inspection report on the grounds that it would be detrimental to the relationship between the trader & the Council, in that it would prejudice the council using its powers under the Food Safety Act. The Commissioner overturned the councils decision and required the Council to disclose the report.

4.3 David Statham, Food Standards Agency’s Director for enforcement and standards has stated that the FSA believe it is legal for a local authority to publish on a web site either a business score or its most recent inspection report.

  1. Format of publication

5.1The format of the published information must be in a format which is readily understood by the public. To date most schemes have published a score for the premises based on a star system or a gold/silver/bronze system – most often referred to as “scores on the doors”. The Dorset authorities are considering which system is most suitable and Weymouth are currently piloting a bronze/silver/gold system. It would be advantageous if the authorities adopted a pan Dorset scheme using common symbols and scoring criteria. This would enable consumers to make informed choices across the County. The Dorset Environmental Health Managers group are working collectively to agree the details of a

suitable scheme.

5.2Reports would not be published where the information could prejudice future legal action. However information will be published which is appropriate for the public domain.

5.3Sensitive trade, or personal information will not be disclosed.

Shaun Robson

Head of Environmental and Consumer Protection Services

Contact Officer: Jeff Morley, Team Manager

01202 261710