Regulatory Services

Environmental Health

FOOD SAFETY - FOOD COMPLAINT POLICY AND PROCEDURE

We have taken a common sense approach to food complaints, choosing sensible action appropriate to the risk and the need for public protection.

When a complaint is first received, details are recorded as fully as possible on the complaint form.
It is the place of purchase which first determines which Local Authority deals with the complaint, but it is not be suggested to the complainant that he or she should travel to the offices of another Enforcement Authority. We make the arrangements for transferring details of the complaint and/or samples, where necessary.

All complainants are given a fact sheet explaining the procedure for dealing with their complaint.
All complainants are sent a letter no more than four weeks after the date of their complaint advising them of the up-to-date position.

All food complaints do not require the same amount of follow up work; preliminary enquiries may show complaints to be unfounded or simple to deal with, on the other hand however, the investigation might bring to light a serious problem with perhaps national implications. The investigation is conducted in a logical sequence to ensure that appropriate information is collected at each stage.

Dependent on the circumstances, a decision is taken on which action to take, and may include some or all of the following: -

(1) The article may have to be sent to the Analyst. The article is collected by or taken to the lab without undue delay, accompanied by the necessary details.

(2) The shop from which the product was sold may have to be visited and an explanation sought. The remaining stock is examined and may have to be withdrawn or seized.

(3) The seller, manufacturer or importer is informed, either by telephone or letter depending on the circumstances, as soon as it becomes apparent that the complaint may be well-founded.

(4) The Home Authority of the manufacturer may have to be informed, but this is most usually done after the Analyst's report has been received.

(5) If the investigation shows a problem outside our own area it may be necessary to inform other Local Authorities or in extreme cases, the Food Standards Agency so that they can instigate the hazard warning system. As a general rule, any person who may be prosecuted must be notified that a complaint has been made as soon as is reasonably practicable. All or any of the above steps must be executed without undue delay.

Any action taken is recorded on computer.
When the analyst's report is received, a decision is taken on what further action is necessary and may include points 2), 3), or 4) above.

Dependent on all the circumstances, a prosecution may be instigated. The corroboration of the sale is of paramount importance, as is the willingness of the complainant to sign a statement and appear in Court.
If it is decided to proceed formally, witnessed statements are taken from all prospective witnesses and a Precognition prepared for submission to the Fiscal.

If it is decided not to proceed formally, the seller, importer or manufacturer should be informed and a warning as to their future conduct issued, if appropriate.

The complainant will be informed in writing of the outcome of the complaint, and their permission sought to release their name and address, either to the seller or manufacturer.