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DRAFT REPORT FOR FOCUSED AUDIT OF NORTH KESTEVEN DISTRICT COUNCIL

De
38 pages
Combined Report on the Audit of Local Authority Food Law Service Delivery and Food Business Compliance and the Audit of Local Authority Official Controls and Food Business Operator Controls in Approved Establishments East Devon District Council 29-30 April 2009 21-22 July 2009 Foreword Audits of local authorities‟ food law enforcement services are part of the Food Standards Agency‟s arrangements to improve consumer protection and confidence in relation to food. These arrangements recognise that the enforcement of UK food law relating to food safety, hygiene, composition, labelling, imported food and feeding stuffs is largely the responsibility of local authorities. These local authority regulatory functions are principally delivered through Environmental Health and Trading Standards Services. The attached audit report examines the Authority‟s Food Law Enforcement Service. The assessment includes the local arrangements in place for database management, inspections of food businesses and internal monitoring. In addition, the report examines any outstanding issues from a previous audit, carried out on 29-30 April 2009, which assessed the authority‟s policies, organisation and management and local arrangements for implementation of official controls in approved establishments, with specific focus on approved meat products establishments, and related areas of food law enforcement. It ...
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Combined Report on the Audit of Local Authority Food Law Service Delivery and Food Business Compliance and the Audit of Local Authority Official Controls and Food Business Operator Controls in Approved Establishments
East Devon District Council 29-30 April 2009 21-22 July 2009
Foreword Audits of local authorities‟ food law enforcement services are part of the Food Standards Agency‟s arrangements to improve consumer protection and confidence in relation to food. These arrangements recognise that the enforcement of UK food law relating to food safety, hygiene, composition, labelling, imported food and feeding stuffs is largely the responsibility of local authorities. These local authority regulatory functions are principally delivered through Environmental Health and Trading Standards Services. The attached audit report examines the Authority‟s Food Law Enforcement Service. The assessment includes the local arrangements in place for database management, inspections of food businesses and internal monitoring. In addition, the report examines any outstanding issues from a previous audit, carried out on 29-30 April 2009, which assessed the authorityspolicies, organisation and management and local arrangements for implementation of official controls in approved establishments, with specific focus on approved meat products establishments, and related areas of food law enforcement. It should be acknowledged that there will be considerable diversity in the way and manner in which local authorities may provide their food enforcement services reflecting local needs and priorities. Agency audits assess local authorities‟ conformance against the Food Law Enforcement Standard “The Standard”, which was published by the Agency as part of the Framework Agreement on Local Authority Food Law Enforcement and is available on the Agency‟s website at:www.food.gov.uk/enforcement/auditandmonitoring .The main aim of the audit scheme is to maintain and improve consumer protection and confidence by ensuring that local authorities are providing an effective food law enforcement service. The scheme also provides the opportunity to identify and disseminate good practice and provide information to inform Agency policy on food safety, standards and feeding stuffs. The report contains some statistical data, for example on the number of food premises inspections carried out annually. The Agency‟s website contains enforcement activity data for all UK local authorities and can be found at: www.food.gov.uk/enforcement/auditandmonitoring .For assistance, a glossary of technical terms used within this audit report can be found at Annex C.
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1.0 2.0 3.0 4.0 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8
CONTENTS
IntroductionReason for the Audit Scope of the Audit Background Executive Summary Audit Recommendations Audit Findings Organisation and Management  - Strategic Framework, Policy and Service Planning - Documented Policies and Procedures - Officer Authorisations Food Premises Database General Food Premises Inspections  -Verification Visit to a Food Premises Approved Establishment Inspections -Verification Visit to a Food PremisesFood and Food Premises Complaints Food Inspection and Sampling Enforcement Internal Monitoring, Third Party or Peer Review -Internal Monitoring-Third Party or Peer ReviewAnnex A - Action Plan for East Devon District Council Annex B - Audit Approach/Methodology Annex C - Glossary
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Page 4 4 4 5 7 9 13 13 14 15 16 18 20 21 22 23 24 26 28 28 28 30 35 37
1. 1.1
1.2 1.3
1.4
1.5
IntroductionThis report records the results of 2 audits at East Devon District Council with regard to food hygiene enforcement, under relevant headings of the Food Standards Agency Food Law Enforcement Standard. The principalaudit focused on the Authority‟s arrangements for the management of the food premises database, food premises inspections, and internal monitoring. However, this report also includes any outstanding issues from the preceding focused audit of the Authority‟sofficial controls and food business operator controls in approved establishments, which was carried out on 2930 April 2009. The report has been made available on the Agency‟s website at:www.food.gov.uk/enforcement/auditandmonitoring/auditreports.Hard copies are available from the Food Standards Agency‟s Local Authority Audit & Liaison Division at Aviation House, 125 Kingsway, London WC2B 6NH, Tel: 020 7276 8428. Reason for the Audit The power to set standards, monitor and audit local authority food law enforcement services was conferred on the Food Standards Agency by the Food Standards Act 1999 and Regulation 7 of the Official Feed and Food Controls (England) Regulations 2007. The audits of East Devon District Council were undertaken under section 12(4) of the Act as part of the Food Standards Agency‟s annual audit programme.The Authority was 1 of 11 authorities selected for the audit programme of local authority official controls and food business operator controls in approved establishments carried out between February and April 2009. That audit, though limited in its scope, identified a number of wider issues regarding the Authority‟s food law enforcement service. A further audit with a wider scope was therefore scheduled for July 2009 to enable a broader assessment of the food service to be undertaken. Scope of the Audit Theaudit in April examined East Devon District Council‟s arrangements for implementing official controls at approved establishments, with a particular focus on approved meat products establishments. In considering the effectiveness of these controls, the audit evaluated the appropriateness of approvals; compliance of the approvals process with legal requirements, the Food Law Code of Practice and official guidance; delivery of routine official controls in approved establishments;the reactive elements of the Authority‟s approved establishments responsibilities and related aspects of the Service. The second audit followed up the key issues identified in April and also examinedthe Authority‟sarrangements for food premises
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database management, general food premises inspections, and internal monitoring with regard to food hygiene law enforcement. Both audits included reality checks at food businesses to assess the effectiveness of official controls implemented by the Authority at the food business premises and, more specifically, the checks carried out by the Authority‟s officers, to verify food business operator (FBO) compliance with legislative requirements. The scope of both audits also included an assessment of the Authority‟s overall organisation and management, and the internal monitoring of other food hygiene law enforcement activities. Assurance was sought that key authority food hygiene law enforcement systems and arrangements were effective in supporting business compliance, and that local enforcement was managed and delivered effectively. The on-site element of both audits took place at the Authority‟s office at the Knowle, Station Road, Sidmouth on 29-30 April 2009 and 21-22 July 2009. Background East Devon is one of 8 District Councils in the county of Devon, in the South West of England. The Council is located on the coast, covering approximately 314 square miles between the River Exe and the outskirts of Exeter to the west, Dorset to the east and Somerset, inland to the north. The District is predominantly rural, with 68 town or parish councils and a total population of approximately 132,600. The main settlements are the coastal resorts of Exmouth, Budleigh Salterton, Sidmouth and Seaton and in rural inland areas, Honiton, Ottery St. Mary and Axminster. Two thirds of the District has been recognised as nationally important and designated as Areas of Outstanding Natural Beauty and the coastline forms part of the Jurassic Coast World Heritage Site. There are approximately 1,600 registered food business premises within the Authority‟s area, tof which are in the retail andhe majority catering sector, reflecting the importance of tourism in the area. The seasonal nature of tourist areas such as East Devon results in a high turnover of food business ownership in the District. In the Authority‟s area there are 23 establishments approved under Regulation (EC) No. 853/2004 namely manufacturing meat, dairy and fish products as well as harvesting shellfish. 1.9 Food hygiene law enforcement was the responsibility of the Commercial Team within the Environmental Health and Health Equalities Service. The Team was also responsible for health and safety at work, disease control and infections as well as a wide range of licensing and public health functions. 1.10 The Commercial Team was not responsible for food standards and feeding stuffs law enforcement, which was carried out by the Devon County Council Trading Standards Service.
1.8
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1.11
The profile of East Devon DistrictCouncil‟s food businesses as reported in the 2009/2010 Food Enforcement Service Plan was as follows:
Risk Category Number of businesses
A 2
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B 68
C 635
D 151
E 590
2. 2.1
2.2
2.3
Executive Summary
This report contains the findings from the initial audit of the Authority in April 2009, which focused on official controls and food business operator controls in approved establishments, and those of a subsequent broader audit carried out in July 2009. The latter was scheduled to further ex lore issues identified durin the initial audit and to assess the Authority‟s food law service delivery and food business compliance in general food premises. The report therefore covers audit checks on an actions that ma have been taken b the Authorit to address the priorities identified in the earlier audit, as well an assessment of ke areas of activit tar eted at achievin food business compliance, across all types of food businesses. The Jul audit confirmed that, since April, the Authorit had made some changes and improvements relating mainly to the implementation of recentl roduced rocedures, namel :  Officer authorisations and related com etenc assessments;  Improvements in the recordin of food complaint investi ations and outcomes;  Im rovements in the action taken in relation to the follow-u of unsatisfactor food sample test results in eneral food premises;  The introduction of a more comprehensive aide-memoire for general food premises inspections to improve the consistency of assessment of compliance and the information held on food businesses;  Review of some records of a roved businesses and the completion of appropriate product specific aides-memoire in accordance with official guidance. In order to address concerns raised at the April audit, where unsatisfactor sam lin results for read to eat foods indicated problems with h iene and food safet controls at some approved establishments, the Authority had carried out a fundamental review of its approach to inspections and follow-up actions. Althou h all relevant premises had been visited and some remedial action had been taken rior to the second audit in res onse to the issues raised, the matters hi hli hted at the April audit had not been resolved in a timel and effective manner.
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The more recent audit also raised additional si nificant concerns in areas fundamental to the management of an effective food law enforcement service, namel :  The Service could not rel on the information held on its food premises database. Audit checks identified numerous problems which resulted in the Authorit bein unable to develo a comprehensive food business inspection pro ramme. The auditors acknowledged, however, that the Authority was taking measures to cleanse the data and address this ran e of issues, although it was unlikely that the Service would be able to report accurate data on its food service activities for 2008/2009 to the A enc or a ainst National Performance Indicators; The auditors were unable to confirm that the Authority was ro erl rioritisin the known hi her risk food businesses and operations, such as its approved establishments and those businesses that have been categorised as high risk, either due to the nature of the business or where vulnerable consumers could be affected; Generally, the Service‟s food business records did not include sufficient information on the business, the interventions carried out by officers and the basis for officers‟ assessments of com liance and allocation of remises risk ratin s; Where contraventions had been identified, it could not be confirmed that a graduated approach to enforcement had been adopted in full accordance with the Authority‟s enforcement polic . In a number of premises files audited, the same si nificant contraventions had been identified in a series of consecutive ins ections, without an escalation of enforcement be ond informal advice; Although the Service had developed a procedure for qualitative internal monitorin of inspections, and there were references to monitoring of various enforcement activities in other Service rocedures, there was no evidence that effective ualitative internal monitorin was bein undertaken; With regard to quantitative monitoring, the Authority was unable to confirm the outcome of its 2008/2009 ins ection ro ramme and there was no local Performance Indicator relatin to inspection levels.
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AuthorisedOfficers (5.1)
3.0 Audit Recommendations Area of the The Authority should: Standard OrganisationRecommendation 1 andManagementExpand the Service Plan covering the food law (3.1) service in line with service planning enforcement guidance, to include details of the staffing resources required to provide the food law enforcement service compared with the staffing resources available to the Authority.(For details of findings, please refer to page 14 , paragraph 4.1.6) Recommendation 2 Expand its documented procedure for the authorisation, training and competency of officers to include the means of assessing the competence of individual officers, in order to reflect the competency assessments that have been carried out in practice. (For details of findings, please refer to page 15 , paragraph 4.1.9) Recommendation 3 Set up, maintain and implement a documented training programme, in accordance with its own procedures, to ensure that all authorised officers receive regular, relevant update training. (For details of findings, please refer to page 15 , paragraph 4.1.11) Food PremisesRecommendation 4 Database(11.2)Fully implement its documented procedure for ensuring that the food premises database is accurate and up to date.(For details of findings, please refer to page 16 , paragraph 4.2.3) Facilities andRecommendation 5 Equipment(6.4)Ensure that its electronic food premises database is managed and operated in such a way as to enable the uploading of accurate information to the Local Authority Enforcement Monitoring System (LAEMS).(For details of findings, please refer to page 17 , paragraph 4.2.5)
AuthorisedOfficers (5.4)
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Area of the The Authority should: Standard Food PremisesRecommendation 6 Inspections(7.1)Ensure that food hygiene interventions at general food premises and at approved establishments in their area are carried out at a frequency which is not less than that determined under the intervention rating system set out in the Food Law Code of Practice.(For details of findings, please refer to page 18 , paragraph 4.3.3) Food PremisesRecommendation 7 Inspections(7.2 & 7.4) Fully implement its recently updated documented procedures on food hygiene interventions in both general food premises and approved establishments in order to ensure that all food premises are inspected and approved in accordance with relevant legislation, the Food Law Code of Practice, centrally issued guidance and the Authority‟s recently developed policies and procedures.(For details of findings, please refer to page 19 , paragraph 4.3.4 & page 21, paragraph 4.4.1) Food PremisesRecommendation 8 Inspections(7.5)Ensure that observations and data obtained in the course of inspections are recorded in a timely manner and that records of inspections are retrievable.(For details of findings, please refer to page 19 , paragraphs 4.3.5 - 4.3.6 & page 21. Paragraphs 4.4.1- 4.4.3) Food PremisesRecommendation 9 Inspections(7.3)Assess the compliance of general food premises and those premises subject to approval to legally prescribed standards. (For details of findings, please refer to page 20 , paragraph 4.3.9 & page 21. Paragraph 4.4.1 - 4.4.3) Food PremisesRecommendation 10 Inspections(7.3)Take appropriate action on any non-compliance found at food premises within its area, in accordance with the Authority‟s enforcement policy. (For details of findings, please refer to page 20 , paragraphs 4.3.8 - 4.3.9 & page 21, Paragraph 4.4.1 - 4.4.3)
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Area of the The Authority should: Standard Records andRecommendation 11 InspectionReportsMaintain up to date, accurate, and retrievable records for (16.1)all general food premises and approved establishments in its area, in accordance with centrally issued guidance, to include comprehensive reports of all inspections, visits and approvals, the determination of compliance with legal requirements and details of action taken where non compliance was identified.(For details of findings, please refer to page 19 , paragraph 4.3.6; page 21, Paragraphs 4.4.1 - 4.4.3 & page 24, paragraphs 4.6.3 - 4.6.4) FoodRecommendation 12 Inspection andSamplingEnsure that its documented sampling procedure is fully (12.5)implemented so that unsatisfactory food sample results are properly investigated. (For details of findings, please refer to page 24, paragraph 4.6.3 - 4.6.4) FoodRecommendation 13 Inspection andSamplingEnsure that appropriate follow-up action is taken in (12.7)relation to unsatisfactory food sample results in accordance with the Authority‟s enforcement policy.(For details of findings, please refer to page 24, paragraph 4.6.34.6.4) EnforcementRecommendation 14 (15.3)Carry out food law enforcement in accordance with the Food Law Code of Practice and centrally issued guidance. (For details of findings, please refer to page 26-27, paragraph 4.7.14.7.6) Recommendation 15 Expand its documented internal monitoring procedures to include the quantitative monitoring of its food premises intervention programme. (For details of findings, please refer to page 28 , paragraph 4.8.1)
Internal Monitoring (19.1)
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