Food Sampling Policy
1. Introduction
1.1. This document has been produced 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.
1.2. Pendle Borough Council’s approach to food sampling is set out in this policy, including more specific situations and circumstances as set out below.
1.3. The sampling policy enables and supports several sampling procedures and programmes implemented by Pendle Borough Council.
2. General Statement and Approach to Food Sampling
2.1 Assimilated Regulation (EC) No. 2073/2005 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.
2.2 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.
2.3 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 complaining, 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 will also participate in the UK Health Security Agencies (UKHSA) National Sampling Programme.
- Any Food Standards Agency (FSA) directed programme for sampling.
2.4 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 and Qualifications) (England) Regulations 2013. Where sampling fulfils the role of enforcement of food legislation, it will be undertaken in accordance with the Council’s enforcement policy.
3. Sampling in Specific Situations
3.1 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 sampled will be analysed or examined by an appointed Public Analysist or Food Examiner.
3.2 Informal Sampling
In the main samples taken for microbiological purposes will be informal, and form part of the monitoring/surveillance programme. Samples of food that form part of a customer complaint are classed as informal, along with samples for pest identification, use by dates and for examination determination.
3.3 Formal Sampling
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.
3.4 Process Monitoring
Samples from approved premises and manufacturers of foods will take place twice a year and, should be taken ideally when the business is in the process of making the product. This is to ensure that the manufacturing and end products are safe. The results of the sampling will be relayed to the manufacturer.
3.5 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.
3.6 Routine Official Control (Inspections)
Sampling may form an official control of a business or as part of a routine food hygiene official control (inspection). Where it takes place as part of a routine food hygiene official control (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 control for monitoring purposes. All samples will be taken by an authorised, competent, trained, and experienced officer, who has completed the sampling competency standard.
3.7 Food Related Complaints
On occasions food complaints may be submitted to the UK Health Security Agency (UKHSA) for analysis, examination, or for expert identification. Where is a necessity as part of the complaint investigation.
3.8 Food Bourne Illness
Where a food businesses manufacturer 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.
3.9 Statutory Sampling
Where appropriate Pendle Borough Council will undertake statutory sampling.
3.10 Special Investigations
On occasions food sampling will need to be undertaken for in response to a food hazard warning/action or based on intelligence received, leading to a special investigation.
3.11 Co-ordinating Programmes
Pendle Borough Council will participate in co-ordinated sampling programmes dependant 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 Lancashire Food Officer’s Group and the Food Standards Agency (FSA).
3.12 Sampling Results
Sampling results will be recorded on the Councils Management Information Software (IDOX). Businesses will be informed of the outcome of the sampling results. Where unsatisfactory and borderline microbiological results are received. Advice will be provided the businesses with further resampling. Where production and manufacturing of the sample food is not located within Pendle Borough Council area. The both the manufacture and local authority where the product is made will be informed of boarder line and unsatisfactory results.
4. Food Examiners and Food Analysts
4.1 Pendle Borough Council Food Examiner is dealt with by the UK Health Security Agency York Laboratory, for microbiological testing. We also use Lancashire County Council Public Analyst, Pedder’s Way, Preston, Lancashire, PR2 2TX (Tel. 01772 721660). http://www.publicanalyst.com/about_us/the_laboratories/lancashire_county_scientific_services
4.2 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
5.1 The policy on food sampling will be reviewed annually, each year. Further information relating sampling can be found within the Council’s annual Food, Health and Safety Workplan - Food, Health and Safety Workplan | Pendle Borough Council