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Food Hygiene Rating( Wales) Enactments 2013
2013 anaw 2
An Act of the National Assembly for Wales to make provision for the product of food hygiene conditions of food business establishments; the display of information about food hygiene conditions; the enforcement of conditions to display information; and for connected purposes.
4 March 2013)
Having been passed by the National Assembly for Wales and having entered the assent of Her Majesty, it’s legislated as follows
preface
1. Overview
1) This Act establishes a food hygiene standing scheme for Wales.
2) The scheme provides for food authorities in Wales to check ( section 2), and produce food hygiene conditions of( section 3), food business establishments in their areas.
3) A food hygiene standing is to be produced by scoring the food hygiene norms of an establishment against criteria published by the Food norms Agency( “ FSA ”)( sections 3 and 4).
4) A food business establishment may appeal against its food hygiene standing and comment on it( sections 5 and 11).
5) A food authority must inform the FSA of the food hygiene standing of an establishment in its area, and the FSA must publish the standing( section 6).
6) A food business establishment must inform the public of its food hygiene standing( sections 7 and 8).
7) Failure to inform the public is a felonious offence, punishable by a fine or fixed penalty( section 9, sections 19 to 22 and the Schedule).
8) A food business establishment may in certain circumstances request are-rating( section 12).
9) Powers and liabilities of food authorities and the FSA, and liabilities of drivers of food business establishments are set out in sections 14 to 16.
Food hygiene examinations and conditions
2. Programme of food hygiene examinations
1) A food authority must prepare, and keep under review, a programme which sets out —
( a) whether a food business establishment in its area must be audited, and
( b) if an examination is needed, the frequence of examinations.
2) A food authority must check food business establishments in its area in agreement with the programme.
3) When preparing and reviewing the programme a food authority must have regard to matters specified by the FSA and approved by the Welsh Ministers.
4) The matters specified by the FSA must include an assessment of the situations of threat to public health —
a) associated with the type of food handled by an establishment,
( b) associated with the system of handling the food, and
( c) arising from the record of compliance with food hygiene law at the establishment.
5) In this Act —
a “ food authority ”( “”) means the county council or county city council of the area in Wales in which the establishment is located( or a harborage health authority in the circumstances specified by section 5( 3) of the Food Safety Act 1990);
a “ food business establishment ”( “”) is any unit of a business registered with a food authority by virtue of Composition 6 of Regulation( EC) No852/2004 or approved by a food authority under Composition 4 of Regulation( EC) No853/2004( or registered or approved under original indispensable vittles for registering or approving food business establishments), which —
a) supplies food direct to consumers, or
b) supplies food to another business;
an “ driver ”( “”) of a food business establishment means a person concerned with the operation of the establishment.
6) The Welsh Ministers may by regulations —
a) amend the description of a food business establishment, including to expand the order of establishment that may be audited;
( b) amend the description of a food authority( for illustration, to include other bodies).
3. Food hygiene conditions
1) Where a food business establishment has been audited in agreement with section 2, a food authority must assess the food hygiene norms of the establishment and produce a standing( a “ food hygiene standing ”) for that establishment scored against criteria set out by the FSA( the “ standing criteria ”).
2) The Welsh Ministers may by regulations give for a food hygiene standing to be grounded on an assessment of the food hygiene norms of an establishment carried out previous to the inception of this Act.
3) Within 14 days of an examination, a food authority must shoot to the driver of the establishment —
( a) written announcement of its food hygiene standing;
b) a written statement of the reasons for the standing;
c) a food hygiene standing sticker in a form specified;
d) similar other information as may be specified.
4) A food hygiene standing ceases to be valid in the following cases —
a) when an driver of an establishment has entered announcement of a new food hygiene standing and —
i) the period of 21 days for an appeal against the new food hygiene standing has expired, or
( ii) if an appeal has been made, the appeal has been determined and the driver has entered announcement of the outgrowth;
( b) when there has been a transfer of power of an establishment or an establishment has desisted trading.
5) The Welsh Ministers may define that certain orders of establishment may be pure from standing.
4. Rating criteria
1) The standing criteria must include a system to score a food business establishment’s hygiene norms.
2) The scoring system must include vittles grounded on an establishment’s —
a) food running practices( including temperature control);
b) physical terrain( including its layout, cleanliness and condition);
( c) operation;
d) control procedures.
5. Right of appeal
1) An driver of a food business establishment may appeal to the food authority against a food hygiene standing given to the establishment.
2) An appeal may be made on either or both of the following grounds —
a) that the standing doesn’t duly reflect the food hygiene norms at the establishment at the time of the examination;
b) that the standing criteria weren’t applied rightly when producing the food hygiene standing.
3) An appeal must be made within 21 days from the date of damage of announcement of the food hygiene standing.
4) An appeal must be made in writing in the specified form.
5) A food authority may conduct a farther examination of the establishment for the purpose of considering matters raised in an appeal.
6) A food authority must determine the appeal and notify the driver of the establishment and the FSA of its decision within 21 days from the date the appeal was entered.
7) The appeal must be conducted by an authorised officer who wasn’t involved in the assessment of the food hygiene standing that’s being appealed.
8) The Welsh Ministers may, by regulations, give for an appeal under this section to be determined by a person other than the food authority.
9) The power to make regulations includes power to —
a) make provision about the procedure to be followed for prayers;
b) make similar emendations to this section in consequence of another person getting responsible for the determination as the Welsh Ministers consider applicable.
10) If a food authority decides to revise a food hygiene standing, when notifying the establishment of its decision it must shoot to the driver of the establishment —
( a) written announcement of its revised food hygiene standing;
b) a written statement of the reasons for the standing;
c) a new food hygiene standing sticker;
d) similar other information as may be specified.
11) Where a food authority decides to revise a food hygiene standing, when notifying the FSA of its decision it must shoot to the FSA a dupe of the announcement and statement appertained to in subsection( 10).
12) There’s no farther right of appeal against a determination made under subsection( 6).
6. Notification and publication of food hygiene conditions
1) A food authority must inform the FSA of the food hygiene standing of a food business establishment within the applicable period.
2) When informing the FSA a food authority must also give the FSA with any farther information that may be specified.
3) The FSA must publish the food hygiene standing and similar other information as may be specified on its website within 7 days of being informed under subsection( 1).
4) In this section, “ applicable period ” means —
( a) if there’s no appeal against the food hygiene standing, 49 days from the damage by an driver of a food business establishment of announcement of the food hygiene standing;
( b) if an appeal is made, 28 days from the determination of the appeal.
Informing the public about food hygiene conditions
7. Requirement to display food hygiene standing stickers
1) When the driver of a food business establishment has entered announcement of its food hygiene standing, the driver must display the food hygiene standing sticker handed.
2) This demand doesn’t apply until —
a) the period of 21 days for an appeal has expired, or
( b) if an appeal has been made, the appeal has been determined and the driver has entered announcement of the outgrowth.
3) The sticker must be displayed in the position and manner specified.
4) Regulations defining the proper position and manner for displaying a sticker may make different provision for different types of establishment( including provision about the display of a sticker at further than one position).
5) The sticker ceases to be valid when the establishment’s food hygiene standing ceases to be valid.
6) If an establishment’s sticker ceases to be valid, the driver must remove it from display and destroy it( unless he or she’s instructed not to destroy it by an authorised officer).
8. Requests for information about food hygiene conditions
1) The driver of a food business establishment must insure that each applicable hand is apprehensive of the establishment’s food hygiene standing.
2) The driver and any applicable hand must misbehave with a request made by a person to be informed verbally of the establishment’s food hygiene standing.
3) In this section, “ applicable hand ” means someone who —
( a) is employed at the establishment, and
( b) is likely, in the opinion of the driver, to be subject to a request to inform a person verbally of the establishment’s food hygiene standing.
9. Offences
1) An driver of a food business establishment commits an offence if, without reasonable reason, the driver —
( a) fails to display a valid food hygiene standing sticker in the position and manner specified;
b) displays an invalid food hygiene standing sticker;
( c) fails to retain a valid food hygiene standing sticker;
d) corridor with possession of a food hygiene standing sticker to any person other than an authorised officer of a food authority;
2) An driver of a food business establishment is also shamefaced of an offence if, without reasonable reason —
( a) a person’s request to be informed verbally of the establishment’s food hygiene standing is denied; or
b) a person making such a request is given false or deceiving information about the establishment’s food hygiene standing.
3) A food hygiene standing sticker remains the property of the food authority.
4) A person commits an offence if that person —
a) designedly alters, defaces or else tampers with a food hygiene standing sticker, and
( b) does so else than for the purpose of removing it from display, or destroying it, in agreement with section 7( 6).
10. Promoting food hygiene conditions
1) The Welsh Ministers may, by regulations, make provision about the creation of a food business establishment’s food hygiene standing by —
( a) an driver of the establishment;
b) a person acting on the driver’s behalf.
2) The regulations may, for illustration, put duties upon an driver in relation to —
( a) publicising the standing electronically;
b) publicising the standing in material promoting the food handed by the establishment.
3) The regulations may also —
a) produce an offence;
b) put a penalty( including a fixed penalty);
c) make provision about enforcement;
d) make different provision for different types of establishment.
4) In this section, a reference to an establishment’s food hygiene standing includes a reference to a standing handed by virtue of section 12( food hygienere-ratings).
11. Right to reply
1) A food authority must give the driver of a food business establishment the occasion to note on the establishment’s food hygiene standing.
2) Any similar commentary must be made in jotting and may be made to a food authority at any time while the standing is valid, whether or not an appeal is made under section 5.
3) A food authority must further any similar commentary to the FSA who may publish the commentary on their website with the food hygiene standing to which the commentary relate.
12. Food hygienere-ratings
1) An driver of a food business establishment may request that a food authority carries out a farther examination and assessment of the food hygiene norms of the establishment for the purpose of considering whether to change its food hygiene standing( a “re-rating ”).
2) A request for are-rating must be made in the specified form.
3) A food authority must misbehave with such a request if the conditions in subsection( 4) and, if applicable, the condition in subsection( 5) are met.
4) The conditions in this subsection are —
a) any appeal against the current food hygiene standing has been determined;
b) the driver has notified the food authority of advancements made to hygiene norms at the establishment;
c) the food authority considers it reasonable to further check and assess the establishment in view of the advancements said to have been made;
d) the current food hygiene standing sticker is displayed at the establishment in agreement with the conditions of section 7;
e) the driver has agreed to insure that a food authority will be given access to carry out an examination of the establishment for the purpose of there-rating.
5) The condition in this subsection is that the driver of the establishment has paid the reasonable costs of there-rating, as determined by the food authority in agreement with section 13.
6) Subsection( 5) doesn’t apply if the food authority has not sought payment of those costs in advance of the examination.
7) If the conditions in subsection( 4) and, if applicable, the condition in subsection( 5) have been met, a food authority must complete the examination no latterly than three months after the request was entered.
8) If a food authority decides that there should be no change to the current food hygiene standing, it must notify the driver of the food business establishment within 14 days of the date the examination was completed.
9) If a food authority decides to change the food hygiene standing, within 14 days of the date the examination was completed it must shoot to the driver of the establishment —
( a) written announcement of its new food hygiene standing;
b) a written statement of the reasons for the standing;
c) a new food hygiene standing sticker;
d) similar other information as may be specified.
10) The conditions in section 6( publication), section 7( display of stickers) and section 8( requests for information)) apply to the new food hygiene standing.
11) Section 5( right of appeal) and section 11( right to reply) apply to the opinions of the food authority under subsections( 8) and( 9).
13. Payment of the costs of are-rating
1) If a request for are-rating has been made by an driver of a food business establishment, a food authority must calculate the reasonable costs of there-rating.
2) Before carrying out there-rating, the food authority must inform the driver of the costs of there-rating and the way the costs have been calculated.
3) An driver of a food business establishment must pay the costs of there-rating.
4) A food authority may bear payment in advance of there-rating being carried out.
14. Duties of Food norms Agency
1) The FSA must —
a) in exercising its functions under this Act, have regard to guidance issued by the Welsh Ministers;
( b) publish the matters to which a food authority must have regard when preparing and keeping under review an examination programme under section 2( where those matters have been approved by the Welsh Ministers);
c) publish the standing criteria against which a food hygiene standing is scored under section 3;
d) at the end of the period of 1 time beginning with the inception of the scheme, and each posterior period of 1 time, conduct a review of the operation of the prayers system established under section 5 during that period;
( e) at the end of the period of 1 time beginning with the inception of the scheme, and each posterior period of 3 times, else review the perpetration and operation of the food hygiene standing scheme established under this Act during that period;
( f) make recommendations to food authorities to help them to misbehave with their liabilities under the scheme;
g) promote the scheme to food business establishments and consumers in Wales;
h) force food hygiene standing stickers in the specified form to food authorities without charge.
2) No latterly than 3 months after the end of the period to which a review under subsection( 1)( d) relates, the FSA must lay a report before the National Assembly for Wales containing —
( a) details of the review that was accepted;
b) the recommendations for change, if any, to the prayers system it considers applicable and its reasons for reaching that conclusion.
3) No latterly than 3 months after the end of the period to which a review under subsection( 1)( e) relates, the FSA must lay a report before the National Assembly for Wales containing —
( a) details of the review that was accepted;
b) the recommendations for change, if any, to the food hygiene standing scheme it considers applicable and its reasons for reaching that conclusion.
4) The FSA must shoot a dupe of each report produced under this section to the Welsh Ministers.
15. Other powers and liabilities of food authorities
1) A food authority must shoot prescribed information to drivers of new food business establishments in its area.
2) This information must be transferred to an driver within 14 days of whichever of the following events is applicable —
a) the driver’s establishment being registered by the food authority under Composition 6 of EC Regulation852/2004( or original indispensable obligation for registering similar establishments), or
( b) the driver’s establishment applying to the food authority for blessing under Composition 4 of EC Regulation853/2004( or original indispensable obligation for blessing of similar establishments).
3) In exercising its functions under this Act, a food authority must have regard to —
( a) recommendations made by the FSA;
b) guidance issued by the Welsh Ministers under section 23 of this Act.
4) A food authority must make arrangements to apply the scores assessed by this Act on establishments in its area.
5) A food authority must review the operation of the food hygiene standing scheme in its area —
a) periodically, with a view to icing that the standing criteria are assessed fairly and constantly;
( b) at the request of the FSA, for the purpose of aiding the FSA to estimate the scheme as needed by section 14Error Reference source not set up.
16. Other liabilities of drivers of food business establishments
An driver of a food business establishment must —
a) give similar information as a food authority nicely requires to enable it to produce a food hygiene standing for the establishment;
b) else give all reasonable backing to a food authority in order to enable it to produce a food hygiene standing and exercise its other functions under this Act.
17. Power of entry
1) An authorised officer of a food authority may, on product of the officer’s written authority if demanded, enter at all reasonable hours a food business establishment for the purpose of —
( a) producing a food hygiene standing;
b) carrying out are-rating;
c) determining an appeal under section 5; or
d) administering any of the conditions in section 7.
2) But in the case of entry into any part of an establishment used only as a private lodging 24 hours’ notice of the intended entry must be given to the driver.
18. Obstruction of authorised officers
A person who obstructs, without reasonable reason, an authorised officer of a food authority acting in the exercise of the officer’s functions commits an offence.
19. Offences by bodies commercial
1) This section applies where an offence under this Act is committed by a body commercial.
2) If the offence is proved to have been committed with the concurrence or collusion of, or to be attributable to any neglect on the part of —
( a) any director, director or clerk of the body commercial, or
( b) any person who was purporting to act in any similar capacity,
that director, director, clerk or person purporting to act as similar( as well as the body commercial) is shamefaced of the offence and liable to be progressed against and penalized consequently.
3) The reference to the director, director or clerk of the body commercial includes a reference —
( a) to any analogous officer of the body;
b) where the body is a body commercial whose affairs are managed by its members, to any officer or member of the body.
20. Penalties
A person shamefaced of an offence under this Act is liable on summary conviction to a fine not exceeding position 3 on the standard scale.
21. Fixed Penalties
1) Where an authorised officer of a food authority has reason to believe that a person has committed an offence under section 9, the officer may give a notice to the person offering the occasion of discharging any liability to conviction for the offence by payment of a fixed penalty.
2) Where a person is given a notice under this section in respect of an offence —
a) no proceedings may be introduced for the offence before the end of a period specified in the notice, and
( b) the person may not be condemned of the offence if the person pays the fixed penalty before the end of that period.
3) The Schedule( fixed penalty notices) has effect.
22. Use of fixed penalty bills
A food authority may use its fixed penalty bills only for the purpose of its functions relating to the enforcement of the vittles of this Act and regulations made under it.)
2) In this section “ fixed penalty bills ” means quantities paid to a food authority under fixed penalty notices issued under section 21.
23. Guidance
The Welsh Ministers may issue guidance —
a) to the FSA;
b) to a food authority,
in relation to the exercise of their functions under this Act.
24. Amending ages for complying with duties
The Welsh Ministers may, by regulations, amend any provision of this Act which specifies a period within which commodity must be done by substituting a different period.
25. Interpretation
1) In this Act —
“ authorised officer ”( “”) means an officer authorised in jotting by a food authority for the purpose of exercising any of the authority’s functions under this Act;
“ food authority ”( “”) has the meaning in section 2;
“ food business establishment ”( “”) has the meaning in section 2;
“ food hygiene standing ”( “”) has the meaning in section 3;
“ driver ”( “”)( of a food business establishment) has the meaning in section 2;
“ specified ”( “”) means specified in regulations made by the Welsh Ministers;
“ shoot ”( “”) means shoot by post or deliver by hand;
“ standing criteria ”( “”) has the meaning in section 3;
“re-rating ”( “”) has the meaning in section 12.
2) References in this Act to a food hygiene standing sticker include, where the environment requires, a reference to further than one sticker.
26. Regulations
1) Powers to make regulations or orders under this Act are exercisable by statutory instrument.
2) A power to make an order or regulations under this Act includes power to make similar incidental, consequential, transitional or supplemental provision as the Welsh Ministers consider applicable.
3) In the case of the power under sections 2( 6), 3( 2) and 3( 5), this provision includes provision amending this Act.
4) Regulations under sections 2( 6), 3( 2), 3( 5), 5( 8), 6( 2), 10, 24 and paragraph 3 of the Schedule may not be made unless a draft of the instrument has been laid ahead, and approved by a resolution of, the National Assembly for Wales.
5) Other regulations made under this Act are subject to dissolution pursuant to a resolution of the National Assembly for Wales.
( 1) This section comes into force at the end of the period of 2 months beginning with the day on which this Act receives Royal Assent.
2) The remaining vittles of this Act come into force on a day appointed by order made by the Welsh Ministers.
3) An order made under this section —
a) may appoint different days for different purposes( including different days for different orders of food business establishment);
( b) may include similar transitional, temporary or savings provision as the Welsh Ministers consider necessary or advisable.
SCHEDULEFIXED PENALTY NOTICES
PART 1
PROCEDURE FOR FIXED PENALTY NOTICES
1A fixed penalty notice may offer the occasion for a person to pay a penalty of£ 200( “ the penalty ”) within a period of 28 days beginning with the day in which the penalty notice is given.
2A fixed penalty notice may also offer the occasion for a person to pay a reduced penalty of£ 150( “ the blinked penalty ”) if payment is made within a period of 14 days beginning with the day in which the penalty notice is given.
3The Welsh Ministers may define a different quantum for the penalty or the blinked penalty.
4Payment of the penalty or the blinked penalty may be made by posting a letter containing the quantum of the penalty to the person described on the notice at the address so described. Payment is to be regarded as having been made at the time at which the letter would be delivered in the ordinary course of post.
6If a food authority considers that a fixed penalty notice given to a person by an authorised officer acting on its behalf ought not to have been given, the food authority must give notice to that person withdrawing the fixed penalty notice.
7If a fixed penalty notice is withdrawn —
a) a food authority must repay any quantum which has been paid by way of penalty in performance of the fixed penalty notice, and
( b) no proceedings may be brought or continued against the person who entered the notice for the offence in question.
8In any proceedings, a instrument which —
( a) purports to be inked by or on behalf of the principal finance officer of a food authority, and
( b) states that payment of a penalty was or wasn’t entered by a date specified in the instrument,
is substantiation of the data stated.
PART 2
FORM AND CONTENT OF FIXED PENALTY NOTICES
9A fixed penalty notice must give particulars of the circumstance contended to constitute the offence as are necessary to explain why an offence has passed.
10A fixed penalty notice must also state —
( a) the name and address of the authority on whose behalf the authorised officer was acting when the officer gave the notice;
b) the quantum of the penalty and the period for paying the penalty;
c) the quantum of the blinked penalty and the period for which the reduction applies;
d) the consequences of not paying the penalty before the end of the penalty payment period;
( e) the person to whom and the address at which the penalty or blinked penalty may be paid;
f) by what system payment may be made;
g) the person to whom and the address at which any representations relating to the notice may be made.
11A fixed penalty notice must also —
a) inform the person to whom it’s given of his or her right to be tried for the contended offence, and
( b) explain how that right may be exercised.
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