The report only covers the areas inspected as they were found at the time of the inspection. It should not be taken that all hazards and defects within the premises have been identified. The responsibility for complying with legislation lies with the proprietor and your own checks should be carried out as a matter of routine. The report may contain contraventions and recommendations.
Contraventions are items that must be addressed to ensure your compliance with the above legislation. Any contraventions identified in the report should be dealt with in the timescales stated. If the contraventions are still outstanding at the next visit then formal action will be considered in line with the Comhairle’s Enforcement Policy. When considering work to deal with contraventions there may be other ways of achieving compliance with the law than those that have been suggested. Alternatives may be used provided they are of equivalent effect. If you are in doubt as to the acceptability of alternatives please contact me on the number given in the report.
Recommendations are items strongly recommended to be adopted as good practice although they are not direct requirements in terms of the above regulations. Timescales only apply to contraventions.
Freedom of Information
Under the Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2004, details of interventions may be released to members of the public on request.
Regulation 17 of the Food Hygiene (Scotland) Regulations 2006 makes it an offence to contravene or fail to comply with the requirements of EC Regulations 852/2004 and 853/2004. Regulation 4 of the General Food Regulations 2004 makes it an offence to contravene or fail to comply with the requirements of EC Regulations 178/2002.
Food Hygiene Information Scheme (FHIS)
The Comhairle has introduced the “Food Hygiene Information Scheme” which is run by local authorities in Scotland in partnership with the Food Standards Agency. The Scheme is designed to give straight forward information about the outcome of the premises’ last food hygiene inspection. Businesses will be provided with display certificates and stickers. The following categories will be used:
Pass – A ‘Pass’ indicates that the business broadly met the legal requirements. These requirements include the conditions found and the management procedures in place for providing safe food.
Improvement Required – Where a business has failed to meet the legal requirements, it will be issued with “Improvement Required” certificate.
Exempt Premises – Some registered food premises are exempt from the scheme.
Awaiting Inspection – Where a business has not yet been inspected in terms of FHIS, it will be issued with a temporary certificate advising consumer of that fact.
The Eat Safe award is to provide an incentive to food businesses to strive for food hygiene and food safety management standards beyond those required by law. It also helps consumers make informed choices about where to eat out by providing a recognisable 'sign' of excellence in standards of food hygiene. Eligible establishments are assessed as part of your scheduled food hygiene inspection. The award is available to all establishments selling food directly to consumers.
Health and Safety
Employers must comply with the relevant statutory provisions of the Health and Safety at Work etc Act 1974 and associated Regulations. Section 33 of the Act makes it an offence to contravene or fail to discharge a duty to which a person is subject to.