Legalize / United Kingdom / Wales / Act of Senedd Cymru

Food Hygiene Rating (Wales) Act 2013

Type Act of Senedd Cymru

Publication 2013-03-04

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Introduction

Overview

1

(1) This Act establishes a food hygiene rating scheme for Wales.

(2) The scheme provides for food authorities in Wales to inspect (section 2), and produce food hygiene ratings of (section 3), food business establishments in their areas.

(3) A food hygiene rating is to be produced by scoring the food hygiene standards of an establishment against criteria published by the Food Standards Agency (“FSA”) (sections 3 and 4).

(4) A food business establishment may appeal against its food hygiene rating and comment on it (sections 5 and 11).

(5) A food authority must inform the FSA of the food hygiene rating of an establishment in its area, and the FSA must publish the rating (section 6).

(6) A food business establishment must inform the public of its food hygiene rating (sections 7 and 8).

(7) Failure to inform the public is a criminal 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 a re-rating (section 12).

(9) Powers and responsibilities of food authorities and the FSA, and responsibilities of operators of food business establishments are set out in sections 14 to 16.

Food hygiene inspections and ratings

Programme of food hygiene inspections

2

(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 inspected, and

(b) if an inspection is required, the frequency of inspections.

(2) A food authority must inspect food business establishments in its area in accordance 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 levels of risk to public health—

(a) associated with the type of food handled by an establishment,

(b) associated with the method of handling the food, and

(5) In this Act—

a “food authority” (“awdurdod bwyd”) means the county council or county borough council of the area in Wales in which the establishment is located (or a port health authority in the circumstances prescribed by section 5(3) of the Food Safety Act 1990);

a “food business establishment” (“sefydliad busnes bwyd”) is any unit of a business registered with a food authority by virtue of Article 6 of Regulation (EC) No 852/2004 or approved by a food authority under Article 4 of Regulation (EC) No 853/2004 (or registered or approved under equivalent alternative provisions for registering or approving food business establishments), which—supplies food direct to consumers, orsupplies food to another business;

an “operator” (“gweithredwr”) of a food business establishment means a person concerned with the management of the establishment.

(6) The Welsh Ministers may by regulations—

(a) amend the definition of a food business establishment, including to expand the category of establishment that may be inspected;

(b) amend the definition of a food authority (for example, to include other bodies).

Food hygiene ratings

3

(1) Where a food business establishment has been inspected in accordance with section 2, a food authority must assess the food hygiene standards of the establishment and produce a rating (a “food hygiene rating”) for that establishment scored against criteria set out by the FSA (the “rating criteria”).

(2) The Welsh Ministers may by regulations provide for a food hygiene rating to be based on an assessment of the food hygiene standards of an establishment carried out prior to the commencement of this Act.

(3) Within 14 days of an inspection, a food authority must send to the operator of the establishment—

(a) written notification of its food hygiene rating;

(b) a written statement of the reasons for the rating;

(d) such other information as may be prescribed.

(4) A food hygiene rating ceases to be valid in the following cases—

(a) when an operator of an establishment has received notification of a new food hygiene rating and—

(i) the period of 21 days for an appeal against the new food hygiene rating has expired, or

(ii) if an appeal has been made, the appeal has been determined and the operator has received notification of the outcome;

(b) when there has been a transfer of ownership of an establishment or an establishment has ceased trading.

(5) The Welsh Ministers may prescribe that certain categories of establishment may be exempt from rating.

Rating criteria

4

(1) The rating criteria must include a system to score a food business establishment's hygiene standards.

(2) The scoring system must include provisions based on an establishment's—

(a) food handling practices (including temperature control);

(b) physical environment (including its layout, cleanliness and condition);

(d) control procedures.

Appeals

Right of appeal

5

(1) An operator of a food business establishment may appeal to the food authority against a food hygiene rating given to the establishment.

(2) An appeal may be made on either or both of the following grounds—

(a) that the rating does not properly reflect the food hygiene standards at the establishment at the time of the inspection;

(b) that the rating criteria were not applied correctly when producing the food hygiene rating.

(3) An appeal must be made within 21 days from the date of receipt of notification of the food hygiene rating.

(4) An appeal must be made in writing in the prescribed form.

(5) A food authority may conduct a further inspection of the establishment for the purpose of considering matters raised in an appeal.

(6) A food authority must determine the appeal and notify the operator of the establishment and the FSA of its decision within 21 days from the date the appeal was received.

(7) The appeal must be conducted by an authorised officer who was not involved in the assessment of the food hygiene rating that is being appealed.

(8) The Welsh Ministers may, by regulations, provide 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 appeals;

(b) make such amendments to this section in consequence of another person becoming responsible for the determination as the Welsh Ministers consider appropriate.

(10) If a food authority decides to revise a food hygiene rating, when notifying the establishment of its decision it must send to the operator of the establishment—

(a) written notification of its revised food hygiene rating;

(b) a written statement of the reasons for the rating;

(d) such other information as may be prescribed.

(11) Where a food authority decides to revise a food hygiene rating, when notifying the FSA of its decision it must send to the FSA a copy of the notification and statement referred to in subsection (10).

(12) There is no further right of appeal against a determination made under subsection (6).

Publication and display arrangements

Notification and publication of food hygiene ratings

6

(1) A food authority must inform the FSA of the food hygiene rating of a food business establishment within the relevant period.

(2) When informing the FSA a food authority must also provide the FSA with any further information that may be prescribed.

(3) The FSA must publish the food hygiene rating and such other information as may be prescribed on its website within 7 days of being informed under subsection (1).

(4) In this section, “relevant period” means—

(a) if there is no appeal against the food hygiene rating, 49 days from the receipt by an operator of a food business establishment of notification of the food hygiene rating;

(b) if an appeal is made, 28 days from the determination of the appeal.

Informing the public about food hygiene ratings

Requirement to display food hygiene rating stickers

7

(1) When the operator of a food business establishment has received notification of its food hygiene rating, the operator must display the food hygiene rating sticker provided.

(2) This requirement does not 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 operator has received notification of the outcome.

(3) The sticker must be displayed in the location and manner prescribed.

(4) Regulations prescribing the proper location and manner for displaying a sticker may make different provision for different types of establishment (including provision about the display of a sticker at more than one location).

(5) The sticker ceases to be valid when the establishment's food hygiene rating ceases to be valid.

(6) If an establishment's sticker ceases to be valid, the operator must remove it from display and destroy it (unless he or she is instructed not to destroy it by an authorised officer).

Requests for information about food hygiene ratings

8

(1) The operator of a food business establishment must ensure that each relevant employee is aware of the establishment's food hygiene rating.

(2) The operator and any relevant employee must comply with a request made by a person to be informed verbally of the establishment's food hygiene rating.

(3) In this section, “relevant employee” means someone who—

(a) is employed at the establishment, and

(b) is likely, in the opinion of the operator, to be subject to a request to inform a person verbally of the establishment's food hygiene rating.

Offences

9

(1) An operator of a food business establishment commits an offence if, without reasonable excuse, the operator—

(a) fails to display a valid food hygiene rating sticker in the location and manner prescribed;

(b) displays an invalid food hygiene rating sticker;

(d) parts with possession of a food hygiene rating sticker to any person other than an authorised officer of a food authority;

(2) An operator of a food business establishment is also guilty of an offence if, without reasonable excuse—

(a) a person's request to be informed verbally of the establishment's food hygiene rating is denied; or

(b) a person making such a request is given false or misleading information about the establishment's food hygiene rating.

(3) A food hygiene rating sticker remains the property of the food authority.

(4) A person commits an offence if that person—

(a) intentionally alters, defaces or otherwise tampers with a food hygiene rating sticker, and

(b) does so otherwise than for the purpose of removing it from display, or destroying it, in accordance with section 7(6).

Promoting food hygiene ratings

10

(1) The Welsh Ministers may, by regulations, make provision about the promotion of a food business establishment's food hygiene rating by—

(a) an operator of the establishment;

(b) a person acting on the operator's behalf.

(2) The regulations may, for example, impose duties upon an operator in relation to—

(a) publicising the rating electronically;

(b) publicising the rating in material promoting the food provided by the establishment.

(3) The regulations may also—

(a) create an offence;

(b) impose a penalty (including a fixed penalty);

(d) make different provision for different types of establishment.

(4) In this section, a reference to an establishment's food hygiene rating includes a reference to a rating provided by virtue of section 12 (food hygiene re-ratings).

Safeguards for food businesses

Right to reply

11

(1) A food authority must give the operator of a food business establishment the opportunity to comment on the establishment's food hygiene rating.

(2) Any such comments must be made in writing and may be made to a food authority at any time while the rating is valid, whether or not an appeal is made under section 5.

(3) A food authority must forward any such comments to the FSA who may publish the comments on their website with the food hygiene rating to which the comments relate.

Food hygiene re-ratings

12

(1) An operator of a food business establishment may request that a food authority carries out a further inspection and assessment of the food hygiene standards of the establishment for the purpose of considering whether to change its food hygiene rating (a “re-rating”).

(2) A request for a re-rating must be made in the prescribed form.

(3) A food authority must comply 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 rating has been determined;

(b) the operator has notified the food authority of improvements made to hygiene standards at the establishment;

(c) the food authority considers it reasonable to further inspect and assess the establishment in view of the improvements said to have been made;

(d) the current food hygiene rating sticker is displayed at the establishment in accordance with the requirements of section 7;

(e) the operator has agreed to ensure that a food authority will be given access to carry out an inspection of the establishment for the purpose of the re-rating.

(5) The condition in this subsection is that the operator of the establishment has paid the reasonable costs of the re-rating, as determined by the food authority in accordance with section 13.

(6) Subsection (5) does not apply if the food authority has not sought payment of those costs in advance of the inspection.

(7) If the conditions in subsection (4) and, if applicable, the condition in subsection (5) have been met, a food authority must complete the inspection no later than three months after the request was received.

(8) If a food authority decides that there should be no change to the current food hygiene rating, it must notify the operator of the food business establishment within 14 days of the date the inspection was completed.

(9) If a food authority decides to change the food hygiene rating, within 14 days of the date the inspection was completed it must send to the operator of the establishment—

(a) written notification of its new food hygiene rating;

(b) a written statement of the reasons for the rating;

(d) such other information as may be prescribed.

(10) The requirements in section 6 (publication), section 7 (display of stickers) and section 8 (requests for information)) apply to the new food hygiene rating.

(11) Section 5 (right of appeal) and section 11 (right to reply) apply to the decisions of the food authority under subsections (8) and (9).

Payment of the costs of a re-rating

13

(1) If a request for a re-rating has been made by an operator of a food business establishment, a food authority must calculate the reasonable costs of the re-rating.

(2) Before carrying out the re-rating, the food authority must inform the operator of the costs of the re-rating and the way the costs have been calculated.

(3) An operator of a food business establishment must pay the costs of the re-rating.

(4) A food authority may require payment in advance of the re-rating being carried out.

Powers and responsibilities

Duties of Food Standards Agency

14

(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 inspection programme under section 2 (where those matters have been approved by the Welsh Ministers);

(d) at the end of the period of 1 year beginning with the commencement of the scheme, and each subsequent period of 1 year, conduct a review of the operation of the appeals system established under section 5 during that period;

(e) at the end of the period of 1 year beginning with the commencement of the scheme, and each subsequent period of 3 years, otherwise review the implementation and operation of the food hygiene rating scheme established under this Act during that period;

(f) make recommendations to food authorities to assist them to comply with their responsibilities under the scheme;

(g) promote the scheme to food business establishments and consumers in Wales;

(h) supply food hygiene rating stickers in the prescribed form to food authorities without charge.

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