Food Standards Agency makes it easier to appeal decisions by councils

The Food Standards Agency has this month set out the steps it has taken to make it easier for businesses to appeal against food safety and food standards decisions taken by local authorities.

The move follows the Government’s Focus on Enforcement Review, which also recommended that it be made easier to appeal against advice issued by councils.

The principal actions taken by the FSA are to set up an Independent Business Appeals Panel in England and create a dedicated business appeals sections on its website.

The panel will “consider disputes regarding advice of a technical nature where local authority complaints procedures have been exhausted, but which have not resulted in agreement”, the watchdog said.

However, it will not consider Food Hygiene Rating Scheme ratings, Food Hygiene Information Scheme inspection results or formal enforcement actions because these are already covered by existing appeals mechanisms.

The FSA said the panel’s role would be advisory, but added that there was an expectation that local authorities would take the findings into account “where appropriate”.

The section on the regulator’s website sets out what businesses should expect from local authority inspections, how to determine if food safety officer actions or requirements are reasonable (and if there are grounds for an appeal), and, in England, how to challenge local authority decisions or actions through the new panel.

The section includes information about:

  • the best way to approach local authorities and councillors;
  • existing informal and statutory appeals associated with formal enforcement actions;
  • decisions by local authorities relating to the Food Hygiene Rating Scheme, and the Food Hygiene Information Scheme in Scotland;
  • using the Primary Authority Partnership;
  • recognised industry guides on compliance standards which have been developed with industry – these provide practical guidance for business across a range of sectors which can be used to determine whether local authority requirements are appropriate;
  • advice about trade associations and bodies able to provide assistance and informal advice.

More information can be viewed here.