South Ayrshire Council, Environmental HealthDocument No. 1.3

FOOD SAMPLING POLICY

Issue 1Issued By Gerry FallonPage 1

Date 30/9/2015Authorised By Brian Lawrieof 4

Food Sampling Policy

1.The aim of this policy is:

  • To ensure a consistent approach to food sampling within South Ayrshire;
  • To inform the public and food businesses within South Ayrshire of our commitmentto and arrangement of food sampling activities;
  • To state clearly our approach when dealing with adverse results including reference to our enforcement approach when necessary
  1. The objectives of this policy

2.1South Ayrshire Council considers food sampling an important aspect of our food law enforcement role with our sampling activities seeking to achieve compliance with the following objectives:

  • To protect public health
  • To detect and deter fraudulent activities
  • To verify that official control checks are effective
  • To give customers the right information to make informed choices
  • To ensure that food standards are maintained
  • To inform our enforcement approach
  • To provide product quality advice to the producer
  • To promote fair trade and deter bad practice
  1. The scope of this policy

3.1This policy will apply in all circumstances where formal and informal food samples have been procured for the purpose of chemical analysis or microbiological examination.

4.0Organisation of sampling

4.1Food law enforcement, including food sampling, is a function carried out bythe Environmental Health Service. The Lead Officer for Food Safety and Food Standards (LO) is responsible for ensuring that the service operates within the terms of the policy.

4.2All sampling is undertaken in accordance with this Policy and South Ayrshire Council’s ‘Food Sampling Procedure’which accords with the Food Standards Scotland’s ‘Framework Agreement on Food Controls by Local Authorities’ and the ‘Food Law Code of Practice (Scotland).

4.3South Ayrshire Council has appointedGlasgow Scientific Services, 64 Everard Drive, Springburn, Glasgow, G21 1XG for the purpose of providing Official Public Analysts and Food Examiners for the purpose of chemical analysis and microbiological examination of foods.

5.0Annual Sampling Programme

5.1A Sampling Programme will be produced each year for both chemical analysis and microbiological examination after discussion and agreement with thePublic Analyst and Food Examiner. This programme is included in the South Ayrshire Council’s Food and Feed Service Plan.

5.2Sampling is risk based meaning resources will focus on foods where the likelihood of any fault that occurs may be detrimental to the health, well-being of consumers or the likelihood of contravening food law is high.

5.3Information from various sources will be considered during the preparation of the programme including the following:

  • Emerging issues
  • Local Authority Food Sampling in Scotland Report (Food Standards Scotland)
  • West of Scotland Food Liaison Group
  • Follow-up to previous local surveys
  • Locally identified issues

5.4The sampling programme will include the following elements:

  • Local surveys
  • Inspection-linked samples
  • Regional/National Surveys (FSS, FSA, HPA, SFELC,)
  • Food complaints
  • Imported food

5.5Priority will be given to samples of foods/ingredients being manufactured within South Ayrshire to ensure local food businesses operate at a high level of compliance as well as assist their commercial competitiveness.

5.6Tourism contributes significantly to the local economy with the summer population of the district rising considerably due to an influx of tourists. Food safety and quality is crucial to the reputation of South Ayrshire therefore food sampling in large tourist attractions and industries will feature in our annual sampling activities.

5.7Within South Ayrshire, businesses harvesting and processing shellfish and fishery products are an important part of the local economy. It is a statutory duty to sample harvesting areas and final products. The Council will commit sufficient officers’ time and sampling budget to support this important industry and ensure local seafood is safe.

5.8The Ports of Ayr and Troon and the international airport at Prestwick do not regularly handle foodstuffs, however, on notification of any food being imported from outwith the European Union arriving at any of the ports, food samples will be taken for chemical analysis or microbiological examination as appropriate.

5.9In the event of local or national emergency situationsrequiring redirection of resources, the sample programme may be postponed or cancelled as necessary.

5.10Imported food makes up 50% of the food consumed in the UK therefore sampling is crucial to ensure compliance with EU food safety and standards legislation and will be included in the annual sampling plan.

6.0Food Sampling

6.1Samples will normally be taken informally in the first instance for the purposes of surveillance, monitoring and providing advice to food business operators. Where food fraud is suspected including adulteration and substitution of food, samples will be taken formally with a view to pursuing legal action if the results show an offence has been committed.

6.2Formal samples are official samples as defined in the Food Law Code of PracticeScotland.

6.3Where any food has been sampled formally, we will always notify the owner of the food. If the identity of other interested parties such as the manufacturer, packer or importer, or his or her agent etc. of food is available on the food packaging and the address is in the United Kingdom, we will notify that person in writing also.

6.4Informal samples will be taken either anonymously without the consent of the food business operator or by request by the Sampling Officer.

6.5Current legislation allows us to takeinformal samples either by “purchasing” or “taking”. The choice is at the discretion of the authorised officer, however it is our policy that where the quantity or frequency of sampling gives rise to significant financial consequences for the owner of the food, we may offer an ex-gratia payment where samples are not purchased.

7.0Adverse Results/Enforcement Action

7.1In the event of an unsatisfactory result being received, the owner of the food will be notified and a follow-up investigation will be carried out. This may involve formal samples being taken.

7.2Where the food originates outwith South Ayrshire, the appropriate enforcement authority where the food originates will be notified.

7.3Where any result presents a possible risk to health, immediate action will be taken to deal with the risk presented. This may include liaison with Food Standards Scotland, Consultant in Public Health Medicine and any other agency considered appropriate.

7.4We have regard to the Home Authority Principle and will consider whether a relevant Home Authority should be consulted before giving detailed advice or taking enforcement action in those businesses that have outlets in more than one local authority area. Similar consideration will be given for aPrimaryAuthority, where appropriate.

7.5In the event of enforcement action being considered, such action will be in accordance with our Enforcement Policy.

8.0Resources

8.1All officers carrying out food sampling activities will beauthorised in accordance with the Food Law Code of Practice Scotland through our Authorisation of Officers Procedure.

8.2The Council will ensure adequate resources are available for food sampling activitiesincluding sample collection, sampling equipment, transport of samples and laboratory analysis or examination of samples.

8.3The Council believes that local authorities working together can pool resources and gain added value from their sampling work. The Council participates in the Food Surveillance System UK (FSSUK) which is a Food Standards Agency funded sample and result collation mechanism. Data from FSS is used to target sampling activity and guide councils on getting best value from sampling resources.

9.0Publication of data

9.1South Ayrshire Council is committed to openness and transparency of data and this includes our food sampling data.

9.2There may be occasions when information may be withheld, for example, where we consider that disclosure may prejudice substantially law enforcement, legal proceedings, or our regulatory or enforcement activity, or where disclosure is otherwise prohibited by law.

9.3We may also withhold information which is confidential or the release of which may prejudice substantially the commercial interests of any person or organisation.

10.0Review

10.1This Sampling Policywill be reviewed whenever there are substantial changes to any of the activities to which it relates.