Food Sampling Policy

1. Introduction

This policy has been produced in order for Pendle Borough Council to meet the requirements of The Food Standards Agency (FSA) Framework Agreement document on Food Law Enforcement and FSA Code of Practice on Food Law. It is recognised that routine food sampling provides and supports monitoring and enforcement of food businesses.

Pendle Borough Council’s approach to food sampling is set out in this policy, including more specific situations and circumstances as set out below.

The sampling policy enables and supports a number of sampling procedures and programmes implemented by Pendle Borough Council.

2. General approach

Regulation (EC) No. 2073/2005 [assimilated] places a statutory duty on food businesses to undertake their own food sampling. Food sampling is used to protect public health and contributes to Pendle Borough Council’s food law functions. By ensuring so far as is reasonably practicable that food and drink intended for human consumption is safe. Assurances are provided to both businesses and the public that the food they eat and produce through the Council’s implementation of this policy and the sampling programme.

Food sampling fulfils the objectives set out within Pendle Borough Council’s Food Service Plan. The Council will provide the necessary resources for to food sampling.

Pendle Borough Council will undertake routine food sampling considering the number, type and risk ratings of food businesses. With the focus on foods that are manufactured/produced, approved premises and those presenting a greater risk to the public. We aim to align our sampling in collaboration with national and local sampling programmes or initiatives. Pendle Borough Council’s programme will take account of food sampling from:

  • Businesses where there are, or have been recent hygiene concerns, previous complaints and food poisoning incidents.
  • Those businesses importing/exporting food for which the Council has a statutory responsibility.
  • Those businesses working with the Council and wish to improve standards.

Pendle Borough Council when undertaking food sampling will follow the Council’s sampling procedure, Food Standards Agency’s Code of Practice and Practice Guidance and the Food Safety Sampling (Qualifications) Regulations 1990. Where sampling fulfils the role of enforcement of food legislation, it will be undertaken in accordance with the Council’s enforcement policy.

3. Purpose of Food Sampling

Routine sampling

Routine Sampling will be conducted to monitor to ensure the safety of food produced, manufactured, distributed, sold within the Borough. All routine samples will be purchased anonymously or taken with consent of the business by an authorised officer.

These informal samples will be analysed or examined by an appointed Public Analyst or Food Examiner.

Informal sampling

Routine Sampling will be conducted to monitor to ensure the safety of food produced, manufactured, distributed, or sold within the Borough. All routine samples will be purchased anonymously or taken with consent of the business by an authorised officer.

These informal samples will be analysed or examined by an appointed Public Analyst or Food Examiner.

Formal samples

Formal samples will be taken in accordance with the Food Standards Agency Code of Practice and Practice Guidance, by officers that are authorised, qualified, competent, trained and experienced. The samples at the discretion of the business may need to be paid for.

Formal samples will be examined by an appointed Food Examiner or Public Analyst. Where either the Food Examiners or Public Analyst reports that the sample was unsatisfactory in meeting the criteria, then enforcement action against the business is an option.

Process monitoring

Samples from approved premises and manufacturers of foods, should be taken ideally when the business is in the process of making the product. This is to ensure that the manufacturing and end product are safe. The results of the sampling will be relayed to the manufacture.

Primary Authority

Pendle Borough Council will notify the Primary Authority, home or originating authority of any unsatisfactory or borderline sampling results, via the Primary Authority Database.

Routine inspections

Sampling may form an official control of a business or as part of a routine food hygiene inspection. Where it takes place as part of a routine food hygiene inspection, on identification of a problem with the need for further investigation or as part as gathering evidence. The sample may also be taken during a routine food hygiene inspection for monitoring purposes. All samples will be taken by an authorised, competent, trained and experienced officer.

Food related complaints

On occasions food complaints may be submitted for analysis, examination, or for expert identification. Where it is a necessary as part of the complaint investigation.

Food borne illness

Where a food businesses manufactures or produces a food that is linked to a case(s) of food borne illness, food samples may be taken and submitted for examination purposes of identifying any likely source of infection as well as controlling the risks to the public. In this case samples will be taken on a formal basis. Should a food borne illness outbreak take place, the decision to take sampling will be identified in consultation with the UK Health Security Agency.

Statutory Sampling

Where appropriate Pendle Borough Council will undertake statutory sampling.

Special investigations

On occasions food sampling will need to be undertaken in response to a food hazard warning/action or based on intelligence received, leading to a special investigation.

Coordinated sampling programmes

Pendle Borough Council will participate in co-ordinated sampling programmes dependent on the Council’s resources. Co-ordinated sampling programmes Pendle Borough Council may participate in include: European, National and Local programmes, encompassing UK Health Security Agency surveys in conjunction with the Lancashire Food Officer’s Group. 

4. Food Examiners and Food Analysts

Microbiological testing

UK Health Security Agency
York Laboratory

Public Analyst

Lancashire County Scientific Services
Pedders Way
Riversway Docklands
Ashton
Preston
PR2 2TX

UKAS No. 0625, Official Food Control Laboratory

Pendle Borough Council has an annual service level agreement with the UK Health Security Agency laboratory for food examination and Lancashire County Council Public Analyst. Are both accredited and recognised as “Official Control” laboratories.

5. Review

The policy on food sampling will be reviewed annually, in January each year.