12 Questions
What is the primary condition for serving a Hygiene Improvement Notice, and what should the officer have before taking such action?
The primary condition is that formal action is proportionate to risk and there is a record of non-compliance. The officer should have reasonable grounds to suspect a breach of regulations.
What are the four essential pieces of information that a Hygiene Improvement Notice must contain?
The regulation contravened, grounds for non-compliance, measures needed to secure compliance, and time limit for compliance.
In what situations would a Hygiene Improvement Notice NOT be appropriate?
Continuing contravention, transient situations, and breach of recommendation of good practice.
What is the minimum time period specified in a Hygiene Improvement Notice for a person to take measures to secure compliance?
At least 14 days.
What are the only two possible outcomes of a Hygiene Improvement Notice?
Compliance or prosecution.
What should the Authorised Officer reference when deciding to serve a Hygiene Improvement Notice?
The enforcement policy.
What are the conditions that must be met before an Officer can serve a Hygiene Emergency Prohibition Notice (HEPN)?
Officer must be satisfied that one or more of the following apply: Food Business Operator has failed to comply with Regulations, Consequences of not serving HEPN would be unacceptable, Imminent risk to health demonstrated, No confidence in proprietor voluntarily closing
What is the main purpose of serving a Hygiene Emergency Prohibition Notice (HEPN)?
To ensure immediate closure of premises or immediate prohibition of equipment/process
What are some examples of situations where a Hygiene Emergency Prohibition Notice (HEPN) might be served?
Serious pest infestations, Very poor structural condition, Serious drainage problems, Serious risk of cross contamination, Inadequate temperature control, etc.
What is the power of the Officer regarding food suspected of not meeting food safety requirements?
Power to seize/detain food, can act on a whole batch, lot, consignment or any part of the food
What are the options available to the Officer after detaining food?
Withdraw the detention, Seize the food, or take a sample for condemnation
What is the purpose of condemning food?
To destroy or dispose of the food, with the cost of destruction going to the Food Business Operator
Study Notes
EHO Enforcement Powers
- Serve Notices: Hygiene Improvement Notice is not generally the first enforcement option
- Conditions for serving a Hygiene Improvement Notice:
- Formal Action is proportionate to risk
- There is a record of non-compliance
- Officer believes informal action will be unsuccessful
- Reference to enforcement policy
Hygiene Improvement Notice
- Contents:
- Grounds for believing failure to comply with the relevant provision
- Matters that constitute failure to comply
- Measures to secure compliance
- Specified time period (not less than 14 days) for taking measures
- Examples of when a Hygiene Improvement Notice is appropriate:
- Failure to identify/monitor CCP
- Inadequate training in Food Hygiene
- Rodent proofing and structural repairs
- Improving washing facilities and ventilation
- Examples of when a Hygiene Improvement Notice is NOT appropriate:
- Continuing contravention (e.g., personal hygiene)
- Transient situations (e.g., one-day event)
- Breach of recommendation of good practice
- Two possible outcomes for Improvement Notice:
- Compliance
- Prosecution
Hygiene Prohibition Order & Hygiene Emergency Prohibition Notice
- Conditions for serving a Hygiene Emergency Prohibition Notice:
- Food Business Operator has failed to comply with Regulations
- Consequences of not serving HEPN would be unacceptable
- Imminent risk to health demonstrated
- No confidence in proprietor voluntarily closing
- Examples of use:
- Prohibition of Process
- Serious pest infestations
- Very poor structural condition and poor equipment and/or poor routine cleaning
- Serious drainage problems or flooding of premises
- Premises or practices that seriously contravene regulations and have been involved with an outbreak of food poisoning
- Serious risk of cross contamination
- Inadequate temperature control
- Operation outside critical control criteria
- Use of process for product which is inappropriate
- Use of defective equipment
Power to Close Premises and Power to Seize/Detain Food
- Power to close premises
- Power to seize/detain food:
- Suspecting food might not follow food safety requirements
- Can act on a whole batch, lot, consignment or any part of the food
- Food is usually detained if suspected to be contaminated
- Likely to cause food poisoning
- Likely to cause any communicable diseases
- Options after detaining food:
- Withdraw the detention - release the food for its intended purpose
- Seize the food
Formal/Informal Action
- Types of action:
- Verbal Advice
- Informal notice/letter
- A (formal) caution
- Prosecution (formal)
Power to Seize Records and Condemnation of Food
- Instigate prosecution
- Condemnation of food:
- Take a sample of detained or seized food and present it to a Justice of Peace
- JP decides whether the food is unfit
- If condemned, LA will destroy or dispose of the food
- Cost of destruction will go to the...
Learn about the enforcement powers of an Environmental Health Officer (EHO) including the Hygiene Improvement Notice. Understand when this notice should be used, its contents, and the circumstances under which it is served.
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