Food Complaint Policy

Approved by Cabinet on 28th October 2002 minute number 206/02 and Culture, Leisure and Community Overview and Scrutiny Committee on 19th November 2002. Minute number 33/02. Your comments regarding this Policy and our compliance with it are welcomed: environmental.health@shrewsbury.gov.uk or Have Your Say

1.0 Foods Purchased within the Authority Area

1.1 All food complaints brought to the attention of the Service will be investigated (see exceptions below). In order for an investigation to proceed it is essential that the alleged offence was committed at a point of sale located within the Borough and the complainant is willing to sign to release the complaint to this section.

2.0 Foods Purchased by Authority Residents in other Areas

2.1 Complaints will be received from residents who purchased foods from premises located outside of the Borough. In these circumstances the complainant will be advised that all information collected will be released to the Food Authority having enforcement responsibility. This is necessary because the offence occurs at the point of sale.

3.0 Complaints Relating to the Hygiene of Premises

3.1 All food hygiene complaints brought to the attention of the Service will be investigated. Anonymous complaints will only be investigated in exceptional circumstances. Complaints relating to premises outside the Borough will be referred to the Food Authority having enforcement responsibility.

4.0 Purpose of Investigating Food Complaints

4.1 The purposes of investigating food complaints include: A service to the public; The resolution of problems which pose a risk to public health and/or compliance with food standards; The fulfilment of a duty of enforcement; The prevention of future complaints.

5.0 Investigation Process

5.1 Investigation of complaints will be undertaken in accordance with the Food Complaints Procedure. The investigation may include contact with the complainant, vendor, other local authorities, manufacturer, importers, laboratories and legal departments.

5.2 Investigating officers will contact the complainant to ensure that relevant information has been obtained. Complainants will be advised of the investigation process, including the need for them to act as a witness if a successful prosecution is to be taken in appropriate cases. They will also be advised of the exceptions and the 'due diligence defence'.

6.0 Exceptions

6.1 Complaints will not be investigated if complainants are only seeking compensation or refunds. Officers will not get involved with compensation claims. Complainants will be advised to instruct their solicitor to act on their behalf.

6.2 Food complaints will not be investigated if no food is available for examination.

6.3 Food complaints will not be investigated if complainant is unable to identify the point of sale or it is located outside of the Borough. 6.4 Anonymous complaints will only be investigated in exceptional circumstances

7.0 Due Diligence Defence

7.1 Complainants will be advised that the Food Safety Act 1990 allows a food business to use a 'due diligence defence' in court if they are able to show that they took all reasonable precautions to ensure food safety. If in the opinion of the investigating officer a suitable due diligence defence could be offered then formal action will not be taken, even in circumstances where the complaint was justified.

8.0 Enforcement

8.1 At the close of an investigation all material facts will be considered and a decision regarding enforcement action will be taken in accordance with the Food Safety Enforcement Policy that has received member approval. Food will be disposed of at the close of an investigation.

8.2 Complainants will be advised of the outcome of an investigation.