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Food business inspections - your questions

Who inspects food businesses?

  • Either an environmental health officer or an authorised technical officer employed by the Council will inspect food businesses in the Royal Borough of Kensington and Chelsea.
  • Always ask to see some form of official identification. If in doubt telephone 020 7361 3002.
  • Normally businesses receive prior notice of visits unless officers have necessary cause to visit otherwise.
  • Time taken varies considerably. It depends on the size, nature and extent of the operations.

What happens during an inspection?

The officer(s) will:

  • talk to staff about your quality control systems and practices (where these exist)
  • inspect all parts of your premises and equipment
  • talk to you about staff training, risk assessment and temperature control
  • The inspecting officer(s) may also request relevant documentation including recipes, maintenance and productions records, staff sickness records and so on

What else can enforcement officers do?

  • Take samples and photographs, and inspect records
  • Write informally asking the proprietor to put right any problems they find. Where breaches of the law are identified, which must be put right, they may serve an Improvement Notice
  • Detain or seize foods
  • In serious cases they may decide to recommend a prosecution. If the prosecution is successful, the Court may impose prohibitions on processes and the use of premises or equipment, fines and possibly imprisonment.
  • If there is an imminent health risk to consumers, inspectors can serve an Emergency Prohibition Notice that forbids the use of the premises or equipment. The Courts must confirm such a notice.

May I refuse entry?

  • It is a criminal offence to obstruct an authorised officer in the course of his/her duty

What should I do if I receive an Improvement Notice?

  • Take immediate steps to ensure that you comply with it within the specified time period.
  • If you do not comply then you may be prosecuted.
  • If you cannot comply within the time period contact the Environmental Health Department immediately.
  • Let the enforcement officer know of the progress that you are making to comply with the notice.

Who governs what the officers do?

The officers must comply with and/or adhere to:

  • European Union Food Safety Directives and Regulations where appropriate
  • The Food Safety Act 1990.
  • Code of Practice issued by the Standards Agency (www.food.gov.uk).
  • Guidance supplied by LACORS (www.lacors.gov.uk).
  • Advice in relevant approved industry guides for food businesses.

Officers cannot make up the rules and regulations as they go along.

Collection of credible evidence is pivotal in any case that may lead to prosecution.

What happens in food poisoning incidents?

See Food poisoning allegations and investigations for more information.

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