AGENDA ITEM:
MIDDLESBROUGH COUNCIL
EXECUTIVE REPORT
INDIVIDUAL EXECUTIVE DECISION
Approval of the Food and Health and Safety Service Delivery Plan
Executive Member for Community Protection: Julia Rostron
Director of Environment: Mike Robinson
26 August 2011
PURPOSE OF THE REPORT
1.
To present the attached Food, Safety and Healthy Living Service Plan for
2011/2012 for approval.
SUMMARY OF RECOMMENDATIONS
2.
That the 2011/12 Food, Safety and Healthy Living Service Plan is approved by the
Executive Member.
IF THIS IS A KEY DECISION WHICH KEY DECISION TEST APPLIES?
3.
It is over the financial threshold (£150,000)
It has a significant impact on 2 or more wards
Non Key
X
DECISION IMPLEMENTATION DEADLINE
4.
For the purposes of the scrutiny call in procedure this report is
Non-urgent
Urgent report
X
If urgent please give full reasons
BACKGROUND AND EXTERNAL CONSULTATION
5.
As part of the Framework Agreement on Local Authority Food Law Enforcement
(the Framework Agreement), the Food Standards Agency requires that Authorities
prepare Food Service Plans. Similarly the Health and Safety Commission have
provided Section 18 Guidance, which requires that Authorities prepare Health and
Safety Service Plans. Regardless of this requirement and in particular because the
annual work programme must link with the work of partner organisations, an annual
detailed plan is published.
6.
The service plan provides information on how services will be provided, it reports on
outcomes and performance in 2010/2011 and establishes the performance targets
and key issues for 2011/2012. Particular points to note are:

Food Hygiene Award Scheme The scheme, which was launched in March
2007, awards star ratings for the hygiene standards found in Middlesbrough
food businesses by officers from the Food and Safety Team. In March 2007 26
food businesses were awarded a ‘5 star’ rating for ‘excellent’ standards of
hygiene. Together with the advice and enforcement work of the Food and Safety
Team the award scheme has had a significant impact on hygiene standards in
food businesses and in giving consumers the ability to make an informed choice
about where they eat and where they buy food from. By 30 May 2011, 300
premises had achieved a 5 star rating and over 85% of food businesses had
achieved 3 or more stars.

In November 2010, the Food Standards Agency launched its national food
hygiene rating scheme. Like the current scheme in Middlesbrough, the national
scheme is designed to provide consumers with easy to use information on food
hygiene standards, incentivise businesses to improve hygiene standards and
reduce the incidence of food-borne illness. In 2011/12 we will monitor the
uptake of the national scheme and review our position by November 2011.

Whether the Council retains the current scheme or transfers to the national
scheme, hygiene awards are seen as being highly beneficial to businesses and
consumers alike. It is particularly important to continue to raise hygiene
standards and ensure safe food production to reduce the risk of food poisoning
and give consumers reassurance about the food they eat and the places where
they buy their food. Recent food scares, including outbreaks of E.coli and
Salmonella food poisoning highlight the need for effective food safety controls.
Therefore in 2011/2012, we will continue to prioritise our work to tackle the poor
hygiene standards and unsafe food practices that we find in a small proportion
of food businesses in Middlesbrough.

Inspections and Other Interventions - Due to staffing and budgetary
reductions we have had to make considerable changes to the approach to
inspections. Whilst this has enabled us to make efficiency savings and focus our
efforts on the higher risk food businesses, the impact for 2011/2012 includes a
minimal advice and support service to businesses, whereas our previous
inspection approach would have helped businesses to adopt best practice and
achieve higher standards of compliance. In 2011/2012, we were able to achieve
the planned food intervention programme and recorded a ‘broadly compliant’
rate of 93%. This highlights the effectiveness of the intervention programme,
including the hygiene award scheme. Going forward in 2011/2012 it is important
that the Council continues to provide an effective food law enforcement service
and provides the necessary resources to deliver the programme of food safety
inspections and other interventions.

Infectious Disease Control – It is our role to protect the public from food
poisoning, including serious diseases and longer-term health implications such
as those resulting from E.coli and Salmonella outbreaks. The Council has a
legal duty to investigate cases of food poisoning in order to prevent further
cases and to ensure that any food handling issues that led to them are
addressed. The Council also has a responsibility to enforce the legal
requirement that any food placed on the market by a food business operator
must be safe to consume. This responsibility can only be met by continuing to
investigate cases of food poisoning. The number of cases of infectious disease,
linked to the consumption of food or water, and exposure to environmental
sources and animals, is relatively low in Middlesbrough. However in recent
months there has been an increase in the number of cases of illness associated
with the most harmful types of food poisoning bacteria, including E.coli and
Salmonella. Our priority is to respond quickly to confirmed and suspected cases
of food poisoning involving these bacteria. In particular, cases of E.coli O157
and other highly virulent strains of E.coli will be rigorously investigated.
Unconfirmed cases of food poisoning and cases of Campylobacter will not be
routinely investigated; instead patients will be sent hygiene and infection control
advice. Outbreaks of food poisoning, regardless of the causative organism will
continue to be investigated thoroughly. Our approach to infectious disease
control reflects our need to prioritise work.

Enforcement Actions – The Council’s hygiene emergency prohibition powers
are always used whenever officers discover conditions in food businesses that
present a serious health risk. In 2010/2011 the immediate closure of five food
businesses was ordered after officers found conditions that included serious
pest infestations, poor standards of cleanliness, lack of effective food safety
management and the sale of unsafe food. A further ten food businesses closed
voluntarily to carry out improvements after concerns over hygiene standards
were raised. Legal action was taken against five food business operators under
food hygiene laws. This included three prosecutions and convictions and the
issuing of simple cautions to two food business operators. Investigations into
these matters are ongoing and which may result in further legal proceedings.

Although hygiene standards in the majority of food businesses are good, a small
minority of food businesses continue to give concern over hygiene and the
safety of food sold in Middlesbrough. In 2011/2012 we will continue to carry out
enforcement actions against such businesses, whilst continuing to raise
awareness amongst consumers and the food industry of the need for good
hygiene standards and safe food production and service practices.

Food Standards Agency Audit of Imported Food Controls - In October 2010
the Food Standards Agency carried out an audit of the Council’s arrangements.
This included an examination of the arrangements for service planning, delivery
and review, provision and adequacy of officer training and officer authorisations,
and implementation and effectiveness of imported food controls, including
inspection, sampling and enforcement. The Agency’s report recognised that
imported food controls are an integral part of the Councils food safety service;
and that the Council was committed to highlighting the importance of checking
the origin and safety of foods offered for sale in Middlesbrough. The overall
report and feedback from the Agency was extremely positive. Planned
developments at Tees Port and the expanding role of River Tees Port Health
Authority are likely to increase the volume of foods imported through Tees Port
and therefore additional resources may be required in the future to respond to
any increase in the volume of food imported or sold by Middlesbrough food
businesses.

Improving Health Through Local Food Businesses - Food businesses can
play a key role in promoting hygiene and healthy eating. In March 2011 we
launched the Food4Health Healthy Eating Award for food businesses in
Middlesbrough. The scheme recognises the contribution made by food
businesses to promoting healthy eating and giving their customers the ability to
make informed healthier food choices. This scheme, in addition to the hygiene
award scheme, encourages responsible business practices and responds to
consumer demands for safe and healthy food. They also help local businesses
to promote their services and create healthy competition. The Food4Health
scheme is promoted on the Councils website at
www.middlesbrough.gov.uk/food4health

Workplace Health and Safety Inspection / Intervention Programme – As a
result of reduction of staffing resources and, in line with guidance from the
Health and Safety Executive, proactive health and safety workplace inspections
will be reduced by approximately one third in 2011/2012. The priority will be to
inspect 100% of all higher risk premises and reducing interventions lower risk
premises. Enforcement activities will be undertaken to effectively deal with
businesses that fail to comply with health and safety laws. The role in promoting
workplace safety will also be reduced as we will not be able to participate in
local, regional and national campaigns. We will however continue to raise
awareness amongst local businesses on those issues that have the greatest
impact on employee and public safety.

Accident investigation / Complaint investigation – In order to protect the
safety of the public and workers in Middlesbrough it is particularly important that
accidents are investigated to identify their cause, prevent further injuries or
dangerous occurrences and, where necessary, take formal action against
employers where serious breaches of health and safety laws have been
identified. We will also continue our role in investigating health, safety and
welfare complaints arising from workplaces in Middlesbrough.

Flexible Warrants– In April 2010 officers in the Food and Safety Team were
granted authorisation by the Health and Safety Executive to deal with health and
safety issues in workplaces for which the HSE would normally have jurisdiction.
This ‘flexible warrant’ scheme enables officers to respond to serious safety
incidents where the safety of employees and/or members of the public is at
imminent risk. In 2010/2011 these powers were used to prohibit dangerous work
practices at five premises in Middlesbrough. Due to the reduction in staffing
resources priority is given to imminent risk situations only in HSE enforced
premises.

Smokefree Compliance – The Health Act 2006 brought about a major change
in protecting people from the health risks associated with exposure to second
hand smoke. It required all workplaces, enclosed public places and work
vehicles to become smokefree. Officers in the Food and Safety Team carry out
inspections, investigate complaints and provide advice and guidance to the
public and to businesses on the requirement of the Act. It is important that
awareness of the smokefree requirements continues to be raised to ensure that
people are not being exposed to second hand smoke in enclosed places. A
significant concern over non-compliance with smokefree laws in Middlesbrough
is smoking in work vehicles, which includes taxis. In 2011/2012, we will continue
to raise awareness of the smokefree laws with such businesses and where
appropriate we will take appropriate enforcement action.

North East Better Health at Work Award - The Award has been developed to
give recognition to workplaces in the North East Region that actively promote
workplace health. The importance of promoting health and employee wellbeing
is high on the Government’s policy agenda and is well recognised by
employers. The Award helps employers make the most of the information and
resources available on a range of key health topics. It includes some simple
steps towards improving the health of employees which could result in benefits
to business, the economy of the region and the quality of life of those who live in
the North East.
In 2011/2012 we will be working with 15 businesses in Middlesbrough to help
them achieve the Award. This will include advice visits, provision of support and
training, assisting with campaigns and assessment of award portfolios.
IMPACT ASSESSMENT(IA)
7.
An initial Equality Impact Assessment has been carried out and no differential
impact of the proposed policies and conditions have been identified which would
have an adverse impact on diverse groups.
OPTION APPRAISAL/RISK ASSESSMENT
8.
The Executive Member may accept, reject or amend the Service Delivery Plan.
FINANCIAL, LEGAL AND WARD IMPLICATIONS
9.
Financial - All actions are included within existing service budgets.
10.
Ward Implications - The Service Plan affects all wards as food businesses and
workplaces are located in all wards.
11.
Legal Implications – As part of the Framework Agreement on Local Authority Food
Law Enforcement (the Framework Agreement), the Food Standards Agency
requires that Authorities prepare Food Service Plans. Similarly the Health and
Safety Commission have provided Section 18 Guidance, which requires that
Authorities prepare Health and Safety Service Plans.
Regardless of this
requirement and in particular because the annual work programme must link with
the work of partner organisations, an annual detailed plan is published.
RECOMMENDATIONS
12.
That the 2011/12 Food, Safety and Healthy Living Service Plan is approved by the
Executive Member.
REASONS
13.
The recommendations are supported by the following reasons:
(a) To be valid, Food Service Plans must be formally endorsed by an Authority’s
members to ensure local transparency and accountability.
(b) To be valid, Health and Safety Service plans must be agreed by the elected
members.
BACKGROUND PAPERS
14.
The following background papers were used in the preparation of this report:


Food Standards Agency: Framework Agreement on Local Authority Food
Law Enforcement, Food Law Code of Practice and Practice Guidance
Health and Safety Executive: Section 18 Guidance
AUTHORS: Wayne Flowers and Philip Slack
TEL NO: 728294
______________________________________________________
Address:
Website: http://www.middlesbrough.gov.uk