Food Law Code of Practice

Transcription

1 Food Law Code of Practice Module 6 Sampling ABC Food Safety Online

2 Please note that this course is an interactive full-text version of the Food Law Code of Practice. The purpose of this course is to assist food enforcement officers to understand the requirements of the Code. However, this is a training version and officers are urged to consult with the full version when making enforcement decisions. Aims The aim of this module is to provide the reader with a working knowledge of Section 6 of the Food Law Code of Practice. Objectives This module contains the full text of Section 6 of the Food Law Code of Practice and on completion, the reader will be able to demonstrate an understanding of the Code requirements for food sampling. Module Description Section Title Estimated time for completion* 1 Sampling 20 minutes Quiz 10 minutes Total 0.5 Hours * Please note that this figure is provided to help plan your training. The actual time spent on each section may vary depending on your prior knowledge of the topic area. 2

3 User Hints To complete this module, simply read through the on-screen text, click on the links for further information and make notes in this handbook where appropriate. It is recommended that you place these notes in a ring-binder and print out any additional notes from the course as required. Remember to click on next page to progress through the course whenever it appears in orange text at the bottom right of the screen. If this is not highlighted then click on next section. To leave and return to a course simply bookmark the page that you are using, logout and then click on the bookmark when you are ready to return to the course. If you would like to undertake some further reading on this topic, click on the library button to view links to legislation, codes of practice etc. 3

4 6.1.1 Introduction Effective routine sampling is an essential part of a well-balanced enforcement service and should, therefore, feature in the Sampling Policy of all Food Authorities. Guidance to help ensure sampling by Food Authorities is undertaken effectively and consistently is set out in the Practice Guidance and on microbiological sampling in LACORS advice. Whilst the Food Safety Act 1990, the Food Safety (Sampling and Qualifications) Regulations 1990 and the Food Hygiene (England) Regulations 2006 provide a framework for Food Authority sampling which is carried out specifically with a view to pursuing legal action if the results show an offence has been committed, it is important to recognise that samples may also be taken for the purposes of surveillance, monitoring and providing advice to food business operators. A Food Authority s Sampling Policy and Programme should cover all types of sampling work undertaken Sampling Policy and Sampling Programme Food Authorities should prepare and publish a food Sampling Policy and make it available to businesses and consumers Requests for information from manufacturers or importers Food Authorities should meet all reasonable requests to provide information on the selection of the sample, sampling method and method of microbiological examination or chemical analysis, to enable the manufacturer or importer of the food to assess the result or repeat the examination or analysis. Question 1 What are the key elements of a food sampling policy? Sampling - general The sampling provisions of the remainder of this Section do not apply to: samples of food that are the subject of complaint and are brought to the Food Authority by consumers or other agencies; samples of food that are submitted to the Public Analyst for monitoring or surveillance purposes alone, i.e. there is no intention at the time of sampling that any formal enforcement action will ensue from the result; samples of food procured in accordance with food law which are not taken for analysis or examination, e.g. samples submitted for the opinion of other experts e.g. pest identification etc; samples of food that are taken as evidence in their own right e.g. use-by dates; and samples that are taken under the provisions of regulations still in force that have their own detailed sampling provisions, and are listed in Schedule 1 to the Food Safety (Sampling and Qualifications) Regulations

5 6.1.5 Samples for analysis (Food Safety Act 1990, section 29) All samples for analysis, taken under section 29 of the Food Safety Act 1990 in accordance with the Food Safety (Sampling and Qualifications) Regulations 1990 and with the requirements of this Code, should be submitted to the appointed Public Analyst at a laboratory accredited for the purposes of analysis, and which appears on the list of official food control laboratories. A list of UK official food control laboratories has been submitted to the European Commission and is published on the Agency s website Division of samples for analysis Unless the sample meets the criteria for submission for analysis without division into three parts (see Section of the Practice Guidance), the formal sample should, as soon as possible, be divided into 3 representative parts otification of formal sampling activity (analysis) The owner of the food should be notified of any formal sampling activity. The notice should be given as soon as practicable after sampling has taken place and should include the name of the food. If the identity of other interested parties such as the manufacturer, packer or importer, or his or her agent etc. of food that has been procured by an officer for analysis is available on the food packaging, and the address is in the United Kingdom, the officer should notify that person of the procurement, in writing Certificates of analysis In accordance with regulation 9 of the Food Safety (Sampling and Qualifications) Regulations 1990, certificates of analysis must be in the format set out in Schedule 3 to those Regulations otification of results (analysis) Where a certificate of analysis indicating that the foodstuff does not comply with legal requirements has been received, the Food Authority should refer to and implement any relevant provisions of Chapters 1.7 and 2.4 and the Home Authority Principle (see Section 1.1.7) Question 2 Where should the division of formal samples for analysis into three parts take place? Your notes: 5

6 Samples for examination (Food Hygiene (England) Regulations 2006, regulation 12) All samples for examination, taken in accordance with regulation 12 of the Food Hygiene (England) Regulations 2006 and the requirements of this Code, should be submitted to the Food Examiner at a laboratory accredited for the purposes of examination, and which appears on the list of official food control laboratories otification of formal sampling activity (examination) The owner of the food should be notified of any formal sampling activity. The notice should be given as soon as practicable after sampling has taken place and should include the name of the food. If the identity of other interested parties such as the manufacturer, packer or importer, or his or her agent etc. of food that has been procured by an officer for examination is available on the food packaging, and the address is in the United Kingdom, the officer should notify that person of the procurement, in writing Certificates of examination In accordance with regulation 13(11) of the Food Hygiene (England) Regulations 2006 certificates of examination must be in the format set out in Schedule 3 to the Food Safety (Sampling and Qualifications) Regulations otification of results (examination) Where a certificate of examination indicating that the foodstuff does not comply with legal requirements has been received, the Food Authority should refer to, and implement any relevant provisions of Chapters 1.7 and 2.4 and the Home Authority Principle (see Section 1.1.7). Question 3 Who should be notified when the food authority is in receipt of a certificate of examination which indicates that a food does not comply with legal requirements? 6