Highlighting Health & Hygiene In-Store Clean Up Your Act

Every month, the Food Safety Authority of Ireland (FSAI) releases a list of closure and enforcement orders, complying with legislative powers, and statutory duties.

Every month, IF&CR reports online a list of closures and enforcement orders arising from a range of health and hygiene breaches.

While forecourts and convenience stores generally score high in health and hygiene terms – it’s important to hear from the FSAI – to understand what’s involved in inspections, and how to make sure your outlet passes with flying colours.

IF&CR speaks to Dr Pamela Byrne, the chief officer of the FSAI.

As Forecourts & Convenience stores increasingly extend their range of services to include in-store delis, hot food, and sandwich bars – what is the process to ensure they abide by all the food safety and hygiene standards required?

“When starting or thinking about starting a new food business there are many things to think about. Food businesses must prioritise food safety by familiarising themselves with the food law that applies to their business. Whether food businesses serve products from in-store delis, hot food counters or sandwich bars, they have a legal obligation to ensure the food they sell is safe for consumers” said Dr Byrne.

“Food businesses looking to expand to offer in-store delis, hot food and sandwiches should contact their Environmental Health Officer of the HSE to discuss this before any changes are made to the business or premises.  Changes such as providing ready-to-eat hot and cold food will mean a fundamental change to the food business’s food safety management system.”

Each month, IF&CR sees press notices listing those outlets which have received closure or enforcement orders – what’s the difference – and what are the cardinal sins?

“Food businesses are legally obliged to produce, serve and sell food that is safe to eat. There are upwards of 52,000 food businesses in Ireland, and the vast majority of those businesses comply with food law and produce safe food. The businesses that are subject to enforcement actions, are small in number by comparison; though obviously, there is no tolerance for breaches of food safety law. Enforcement action typically comes at the end of a process with the inspector, where the breaches have not been properly addressed by the food business operator” she said.

“Unfortunately, we see the same sort of breaches of food safety in any given month; many of which we would consider to be very basic food safety requirements. These include issues such as filthy premises; incorrectly stored food products; lapses in temperature control; rodent activity and poor pest control procedures; incorrect allergen labelling; untrained staff; insufficient food safety management system in place; no food safety culture in the food business.

Enforcement Orders

“Each month, the FSAI publishes the monthly Enforcement Orders and the media report on the food businesses on which the enforcements have been served. These Enforcement Orders are served on food businesses by Environmental Health Officers of the HSE and other inspectors who carry out inspections on behalf of the FSAI. The type of enforcement action served varies depending on the level of non-compliance, and these include Closure Orders, Improvement Notices and Orders, Prohibition Orders and prosecutions.

“Under the FSAI Act, 1998, Closure Orders require a business issued an Order to close their business where there is a grave and immediate risk to consumer health. Businesses are not permitted to re-open until the breaches in food safety have been rectified and reinspected. Closure Orders can refer to the immediate closure of all or part of the food premises, or all or some of its activities.

“An Improvement Notice is served on businesses to improve the hygiene of a premises, or the preparation and handling of its food if it is deemed that the business could pose a risk to public health. The food business is permitted to remain open while the improvements are made. An Improvement Order can be issued by the District Court if an Improvement Notice is not complied with within a specified time frame. If a business does not comply with the Improvement Order, a Closure Order may then be served.

Prohibition Orders

“Prohibition Orders are issued if the activities (handling, processing, disposal, manufacturing, storage, distribution or selling food) are likely to involve a serious risk to public health from a particular product, class, batch, or item of food. The effect is to prohibit the sale of the product, either temporarily or permanently.

Under the European Union (Official Controls in Relation to Food Legislation) Regulations, 2020, Closure Orders and Prohibition Orders are served where there is a non-compliance with food legislation. These powers are typically used for serious or recurring breaches of food legislation.
Prosecutions taken against a business for breaches of food safety are also published on the FSAI website and can refer to fines or action taken against a business in court.

Compared to other outlets, how do convenience stores and forecourts generally rate – is there any data or has any research been undertaken in this respect?

“When we look at the overall Enforcement Order data, we look at the data to gain insights into where the problem areas are and how we can help address these problems. One such problem area is in pest control and this is across all sectors. To address this problem, we have a webinar, that is free to access, which goes through the important steps in setting up a robust pest control system for your food business.”

What are the relevant laws – and bye-laws – where can retailers go to ensure they follow the rules? Do they need to register with FSAI?

“The relevant laws that apply may vary depending on the activities of the individual food business. There is a lot of really useful information on the FSAI website, for anyone starting a new food business” explained Dr Byrne.

However, there are key steps someone setting up a convenience store or forecourt food business must take to ensure they are compliant with food law:

• Register the food business with the local Environmental Health Office of the HSE
• Understand the basics of food hygiene
• Ensure your staff have appropriate food safety training
• Develop a food safety management system (HACCP)
• Have a traceability system in place
• Declare the presence of food allergens as ingredients
• Provide evidence of an appropriate food safety culture

Are inspections unannounced?

“Inspections are carried out on a risk-based approach or on foot of a consumer complaint, and yes, inspections are unannounced” added Dr Byrne.

Does FSAI have a training remit – can forecourt and retailers access this online or in person – can you provide more detail on what’s available and how our readers can avail of training?

“While the FSAI provides specific advice and support on the topic of food safety training, it does not however provide training courses in food hygiene or HACCP for food businesses.

“To support all food businesses and its understanding of food safety legislation, the FSAI recently launched a free learning portal for all food business in Ireland. The learning portal provides free specialised content to assist food businesses in keeping up to date with the latest food safety requirements and train its staff. Food businesses can access materials which be easily incorporated into food safety courses, staff meetings, or used for self-learning. It was developed to assist in building compliance by food businesses and it includes eLearning modules, webinars, short videos, and explanatory materials covering a broad range of food safety related topics.

“The FSAI also delivers a train-the-trainer course for food business managers and supervisors, which enable them to deliver induction level food safety training to their staff. Details of the Food Safety & You training programme can be found on the FSAI website.

Does FSAI also have a remit on food allergens and food recalls? What are the over-arching powers of FSAI as a statutory body?

“The role of the FSAI is to enforce food law in Ireland. Under food law, any food that is not safe to eat must be removed from the market. The food business has the primary legal responsibility to remove unsafe food from the market. Where food has reached the consumer, the food businesses must inform consumers of the reason for the removal of the food from the market and if necessary, recall the food from consumers. Food businesses must notify other businesses to which they have supplied the affected product and cooperate to facilitate effective and efficient recall/withdrawal. The food business operator must also notify their inspector and/or the FSAI.

“The FSAI will then issue either a food alert or a food allergen alert.  Food alerts are issued by the FSAI in order to alert consumers about an identified hazard (biological, chemical or physical).  Food allergen alerts are issued by the FSAI regarding the possible risk to consumers with food allergies or food intolerances from a particular food or batch of food.  Reasons why food allergen alerts are issued include the undeclared presence of an allergen or inadequate/incorrect allergen labelling.

If a retailer/forecourt is thinking/planning to start or expand an instore food business, what steps do they need to take?

“If a retailer/forecourt is thinking of starting or expanding an instore food business, the first step they need to take is to contact their local Environmental Health Office in the HSE. They should also review the “Starting a Food Business” page on the FSAI website, where they will find a wealth of information to help them on their new endeavour” she told IF&CR.

Dr Pamela Byrne – you are often quoted in the media notices – how did you come to be CEO of FSAI – can you tell me about your professional background?

“I was appointed CEO of the FSAI in March 2015. I hold a PhD in Environmental Toxicology from UCC; an MSc in Aquatic Resource Management from Kings College, University of London; a BSc in Zoology from UCC and a Higher Diploma in Environmental Law from the University of Aberystwyth in Wales. I am an Adjunct Professor at the Institute of Food and Health in University College, Dublin. I am Vice Chair of the Management Board of the European Food Safety Authority. I also hold an Executive Certificate in Public Leadership from Harvard Kennedy School of Executive Education and a certificate in Public Policy Analysis from the London School of Economics.

“Prior to working in the FSAI, I was Director of Regulatory Policy and Intelligence with Abbott Nutrition and I also held senior positions in the Department of Agriculture, Food and the Marine. I have extensive experience of the food regulatory environment, as well as expertise in risk assessment and food safety management at both national and international levels.”

The FSAI website looks like an excellent resource – but do you also have advisers (as well as inspectors)?

“The FSAI has a Scientific Committee which assists and advises the FSAI Board. Therefore, decisions relating to food safety and hygiene take account of the latest and best scientific advice and information available. It also has a Food Safety Consultative Council which acts as a forum for debate on food safety issues and provides advice to the FSAI Board on areas of relevance. It is a constructive vehicle for consumers and industry to provide input to the agenda of the FSAI.

“The content for the FSAI website is written by the FSAI expert technical staff. The website provides the most up to date and relevant food safety information for food businesses. The FSAI also operates an Advice Line for food businesses, inspectors and consumers, that is manned by a team of trained experts.”

Any other comments/areas that you’d like to cover?

“The FSAI aims to fulfil our statutory obligation to foster the highest standards of hygiene and food safety in the food industry in Ireland. One of the ways we do this is through our active engagement with industry stakeholders through our industry forums. The industry forums allow competitors from a sector of the food industry to come together in a non-competitive arena to discuss food safety with the FSAI and advance best hygienic practice in their sector. We have a Retail Forum, a Food Service Forum, an Artisan Forum, a Molluscan Shellfish Safety Committee and a newly established eCommerce and Online Food Business Forum.”