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NIFLG

Northern Ireland Food Liaison Group

Food Complaints

Investigation Procedure

December 2006

2

CONTENTS

FOOD COMPLAINTS INVESTIGATION PROCEDURE

1. Purpose 5

2. Scope 5

3. References 5

4. Background 6

5. Receipt of complaint – Preliminary investigation 7

6. Procedure to be followed by investigating officer 9

7. Preliminary examination 9

8. Interview of complainant 11

9. Initial contact with suppliers and originating/home authority 12

10. Scientific investigation 14

11. Investigation leading to formal action 16

12. Procedure to be followed by CEHO/Director of Environmental

Health

19

Food complaints investigation - Flow chart 22

APPENDIX 1 Program 26

FILE Food complaint – File Cover Sheet 27

FC1 Food complaint – Investigation Record Form 29

FC2 Acknowledgement of receipt of complaint 37

FC3 Information to complainant 38

FC4 (a) Notification to seller/ manufacturer/ importer or distributor of

(hygiene) complaint.

39

FC4 Referral of food complaint to responsible authority for

investigation

40

FC5 Notification to complainant of referral to another authority for

investigation

41

FC6 Initial notification of food complaint (standards) investigation to

vendor/ distributor/manufacturer/importer

42

FC7 Preliminary contact with originating/home authority/Department of

Agriculture

43

3

FC8 Preliminary contact with the Department of Agriculture and Rural

Development for Northern Ireland following receipt of notification

of food complaint from other local authority

45

FC9 Response to investigating authority from originating/home*

authority following initial notification of food complaint

investigation

46

FC9 (a) Notification to complainant regarding outcome of a miscellaneous

complaint (no food product)

47

FC10 Notification to vendor/distributor/manufacturer/importer* that no

further action is to be taken/is necessary

48

FC11 Informal warning to vendor/distributor/manufacturer/importer 49

FC12 Notification to Home /Originating Authority/Department of

Agriculture and Rural Development of outcome of investigation

50

FSC Food Complaint - Sample Submission Form 51

FC13 Request for detailed information from Home/Originating

Authority/Department of Agriculture and Rural Development

52

FC13a Example of appropriate questions to ask Home/Originating

Authority/ Department of Agriculture and Rural Development

54

FC14 Standard letter to accompany home authority referral to be

forwarded to Department of Agriculture and Rural Development

56

FC15 Request for detailed information from manufacturer/ distributor/

importer where no response received from home/originating

authority

57

FC16 Request for detailed information from manufacturer/ distributor/

importer where response received from home/originating authority

indicates that formal action would be appropriate

58

FC17 Notification to complainant of outcome of prosecution 59

FC18 Notification to vendor/distributor/manufacturer/importer of

outcome of prosecution

60

FC19 UK Sample Liaison Body Notification Form 61

APPENDIX 2 Guidance on minor and unjustified complaints 63

APPENDIX 3 Complaint type computer codes relevant to Councils own

software system

64

APPENDIX 4 Product computer codes relevant to Councils system &

LAEMS

65

APPENDIX 5 Some factors influencing prosecution decisions 66

4

FOOD COMPLAINTS INVESTIGATION PROCEDURE

1. PURPOSE

The purpose of this procedure is to enable district

council environmental health departments to investigate

consumer complaints about food -

(a) in accordance with the powers and duties placed

on district councils by the Food Safety (Northern

Ireland) Order 1991 as amended;

(b) in compliance with the guidance on enforcement

contained in the Food Safety (Northern Ireland)

Order 1991 Code of Practice; and

(c) in a uniform and consistent manner.

2. SCOPE

This procedure covers the investigation of food

complaints so as:

- to identify the source and cause of the complaint

promptly;

- to take effective action to control any risk to public

health; and

- to identify and gather admissable evidence in respect

of any offence under food safety legislation.

FSO

CoP1

FSSQR

LACORS

Guide

LACORS

Guide

CPSCode

3. REFERENCES

Food Safety (Northern Ireland) Order 1991 as amended

Regulation EC 178

Food Safety (Northern Ireland) Order 1991 Code of

Practice

Food Safety (Sampling and Qualifications) Regulations

(Northern Ireland) 1991

Guidance on Food Complaints (Local Authorities Co-

ordinating Body on Food and Trading Standards)(2nd

Edition - November 1998)

UK Single Liaison Body – Guidance for dealing with

transborder enquiries and complaints (March 1997)

Code for Crown Prosecutors (Crown Prosecution

Service)(June 1994)

5

PACE

PACE CoP

CPIA

CPIA CoP

Police and Criminal Evidence (Northern Ireland) Order 1989

Police and Criminal Evidence (Northern Ireland) Order

1989 Codes of Practice A-E (Revised July 1996)

Criminal Procedure and Investigations Act 1996

Criminal Procedure and Investigations Act 1996 Code

of Practice (Northern Ireland)

4. BACKGROUND

4.1 It is important that ALL food complaints notified to the

district council are dealt with by competent staff

(administrative and professional), who:

- are properly appointed and authorised;

- have received appropriate training; and

- are conversant with the relevant parts of this

document.

4.2 It is understood that each district council will have its

own organisational structure and that administrative and

professional staff will have defined levels of

responsibility and authority. Consequently, where this

procedure has to be adapted to conform with these

arrangements, it will be necessary to amend this

document accordingly.

LACORS

Guide

4.3 Officers investigating food complaints should follow

the guidance issued by the Local Authorities Co-

ordinating Body on Food and Trading Standards

(LACORS) in “Guidance on Food Complaints” (Second

Edition, November 1998). The LACORS Guidance

“has been written with the objective of assisting

authorities to produce and/or maintain their own

policies, procedures and documentation”. This

procedure has been produced to fulfil that objective and

shall be used in conjunction with the LACORS

document.

4.4 During the course of an investigation and any

subsequent action it is important that particular attention

is paid to the following:

making and maintaining relevant, accurate

records, including a written record of any oral

information given or received;

keeping interested parties (e.g. wholesaler,

manufacturer, importer, home authority,

originating authority, enforcing authority, and

complainant) fully informed of the progress of the

6

investigation, particularly any person(s) liable to

prosecution;

obtaining advice from food analysts/examiners

and other experts;

maintaining the continuity of evidence,

particularly the subject (i.e. food/foreign matter)

of the complaint;

obtaining information about any similar

complaints, particularly where legal proceedings

may be instituted;

obtaining appropriate legal advice;

awareness of any food alerts.

PACE

CPIA

CPIA CoP

4.5 As this is a criminal investigation it is subject to the

requirements of -

the Police and Criminal Evidence (Northern

Ireland) Order 1989 and Codes of Practice made

thereunder; and

the Criminal Procedure and Investigations Act

1996 and the Code of Practice made thereunder.

5. Receipt of Complaint – Preliminary Investigation

5.1 On receiving a complaint, whether by telephone, letter

or in person, the authorised officer or other member of

staff, enters the complaint reference number on form

FC1 (Food complaint – Receipt and preliminary

examination) and completes Part 1 (as far as possible).

FC1 - Part1

5.2 On receipt of complaint, form FC2 (Acknowledgement

of receipt of complaint) should be completed and given

to the complainant or his/her representative.

5.3 Having regard to the judgement given in Daventry

District Council -v- Olins, the complainant shall be

advised that it may be necessary to divulge his or her

name and address to any person who may be prosecuted

as a result of the complaint. It is also important to

ascertain if the complainant is willing to make a written

statement and to appear, if necessary, as a witness in

any subsequent legal proceedings. Having explained

these matters to the complainant the investigating

officer shall have the complainant complete and sign

the relevant section of Part 1 of form FC1.

FC2

FC1 - Part1

5.4 If the sample/foreign matter is not produced at the time

of making the complaint advise complainant how to

preserve the integrity of the sample - e.g. advice

concerning packaging, refrigeration, freezing, dry

storage, separation from other products, etc. Examples

7

of typical advice would be:

samples relating to spoilage complaints should be

frozen;

samples relating to illness should be kept chilled;

samples relating to insect infestation should be

suitably contained and separated from other

foodstuffs; and

samples should not be handled nor embedded

foreign objects dislodged.

5.5 The person receiving the complaint shall place any

sample of food, original container and/or foreign matter

obtained from complainant in a polythene bag1, or other

suitable container/package, and close securely. If food

is received in its original container it should be kept in

that container, sealed to prevent spillage and the

container placed in the bag1. The bag or

container/package containing the sample shall be

labelled with the complaint reference number. Place

bagged sample in secure refrigerator, freezer or ambient

store as appropriate. Record details of this in Part 3 of

form FC1.

FC1 -Part 3

5.6 Open food complaint file2 using the complaint reference

number. Attach food complaint file cover sheet and

enter details as appropriate. Details should be entered

on the cover sheet promptly as this sheet provides

investigating officers, and managers with a ready

reference on the progress of the investigation. All

correspondence, sample submission forms,

analyst‟s/examiner‟s reports, statements, reports, etc.

must be kept securely in this file. It will also be

necessary to enter relevant details in the computer

system.

FCfile

5.7 Pass the file and any other relevant material to the

investigating officer3.

1 There are some circumstances where a sample should be removed from its container, e.g. where a canned

product has been opened and the complaint is one of illness, off taste or obvious corrosion. In these

circumstances the contents of the can shall be transferred as thoroughly as possible to a chemically clean, and if

appropriate, sterile glass or plastic container with a non-corrodible closure. This action shall only be taken by

an authorised officer.

2 The food complaint file cover sheet should be kept attached to the inside cover or placed at the front of the

complaint file. The file cover sheet shall be used to record the progress of the investigation - relevant records

shall be entered promptly. 3 The term “senior/lead/PEHOr” used in this document means the appropriate officer designated to supervise

food complaint investigations.

8

Procedure to be followed by investigating officer

6.1 If the investigating officer is of the opinion that the

investigation of the complaint is the responsibility of

another local authority he shall complete form FC4

(Referral of food complaint to another local authority

responsible for investigation), copy form FC1 and make

arrangements for transfer of forms and sample/foreign

matter to the appropriate enforcing authority. Complete

form FC5 (Notification to complainant of referral of

food complaint to another local authority responsible

for investigation) and send to complainant. Place

copies of completed forms FC1, FC4 and FC5 in the

complaint file and close file. Transfer to administration

to update computer.

FC4

FC1

FC5

6.2 At this stage the investigating officer may decide not to

continue with an investigation in respect of unjustified

or minor complaints. For example, where the complaint

is one of a packet of biscuits having been sold after the

best before date. Further guidance on what constitutes a

minor/unjustified complaint is provided in Appendix 2.

Record details, as appropriate, in Parts 3 & 4 of form

FC1, complete Part 6 of form FC1, and pass file to

lead/senior/PEHO to ratify the decision. Otherwise

continue with the investigation.

Appendix 2

FC1–Parts

3 & 4

FC1–Part 6

FC3

NOTE 1:Although the complaint is terminated it may be

appropriate to take action concerning the sale/

supply of the food - e.g. where food is sold

after the best before date it may be necessary

to investigate the vendor‟s stock rotation

system, and take action as necessary.

NOTE 2: It is likley that food complaints concerning

foreign matter with no accompanying means of

identification would not be investigated.

If the senior/lead/PEHO confirms the investigating officer‟s

recommendation he shall complete, as appropriate, Part 6 of

FC1, and the investigating officer shall notify the complainant

using form FC3 (Information to complainant) and close the

file. Transfer to administration to update computer.

6.4 If the senior/lead/PEHO does not confirm the

investigating officer‟s recommendation he shall

complete, as appropriate, Part 6 of FC1 and return the

file to the investigating officer for further

investigation.

7. Preliminary examination

7.1 The investigating officer should carry out a preliminary

examination of the food/foreign matter at this stage. It is

important that the examination is thorough and that a

9

full and accurate record is made. Suitable photographs

of sample should be taken before evidence is disturbed.

Retain all wrapping material(s). Examination at this

stage may again indicate that the complaint is of a

minor nature and permit an opportunity to terminate

investigation. Complete Part 3 of form FC1 and update

computer system. Guidance on appropriate computer

codes is given in Appendix 3 (Complaint Type

Computer Codes) and Appendix 4 (Product Computer

Codes).

FC1 –Part3

Appendix 3

Appendix 4

NOTE: In certain circumstances (e.g. chemical taint

by volatile substances) the food/foreign matter

may need to be urgently submitted to the

Public Analyst. However, in most cases the

decision on whether or not to submit the

food/foreign matter for analysis should be

deferred until a later stage in the investigation

(see Section 10). If in any doubt the Public

Analyst should be consulted.

The seriousness and/or nature of the complaint

may make it necessary to visit the

vendor/distributor/manufacturer/importer at

this stage rather than leaving it to later in the

investigation.

7.2 If, on completion of the examination, the investigating

officer is of the opinion that further investigation is not

necessary, complete Parts 4 and 6 of FC1 and pass the

file to the senior/lead/PEHO. Otherwise continue with

the investigation.

FC1- Parts

4&6

7.3 If the senior/lead/PEHO confirms the investigating

officer‟s recommendation he shall complete, as

appropriate, Part 6 of FC1, and the investigating officer

shall notify the complainant using form FC3

(Information to complainant) and close the file.

Transfer to administration to update computer.

FC1 –Part6

FC3



complete, as appropriate, Part 6 of FC1 and return the

file to the investigating officer for further investigation.

FC1 –Part6

7.5 If at this, or any, stage in an investigation an officer

suspects that it may be a case of malicious tampering or

a public health problem affecting a wider area he shall

notify the appropriate officer as set out in the statutory

supplement to the Code of Practice containing contact

details for food incidents and food hazards. If

examination of FC1 forms at Group indicates that there

is a public health problem affecting a wider area, the

CoP 14

10

Food Standards Agency (FSA) and the other Groups

and Belfast shall be notified accordingly.

7.6 Similarly, if there is an allegation or suspicion of the

complaint being associated with illness, a food

poisoning investigation shall be initiated.

8. Interview of complainant

8.1 If the investigation is to be continued the complainant

shall be interviewed as soon as possible.

8.2 Interview complainant at a suitable venue. It is

important that all relevant information is obtained from

the complainant as this will form the basis for

determining if an offence has been committed and

under which provision of the legislation. Record all the

information in Pages 2 and 3 of form FC1 as

appropriate.

FC1 –Pages

2&3

8.3 Whether the complainant is willing or unwilling to

continue with the complaint investigation, the

investigating officer shall make it clear to the

complainant that the district council reserves the right to

continue with the investigation and take whatever action

is deemed appropriate.

8.4 Witness statements should always be made as soon as

possible after the events to which they refer. Therefore,

it is recommended that the investigating officer obtain

witness statement(s) from the complainant and any

other relevant witnesses at this stage. All witness

statements shall be placed in the complaint file.

Note Witness Statements must be taken where it is

likely that formal proceedings will be instigated.

8.5 If, as the result of the interview and, based on the

information obtained, the investigating officer is of the

opinion that the investigation should be terminated,

complete Parts 4 and 6 of form FC1 and pass to the

senior/lead/PEHO. Otherwise continue with the

investigation.

FC1 – Parts

4&6


officer‟s recommendation he shall complete, as

appropriate, Part 3 of form FC4, and the investigating

officer shall notify the complainant using form FC3

(Information to complainant) and close the file.

Transfer to administration to update computer.

FC1 –Part6

FC3



11

complete, as appropriate, Part 6 of form FC1 and return

the file to him for further investigation.

FC1 -Part6

9. Initial contact with suppliers and originating/home

authority

9.1 If the complaint investigation is to continue then any

person who may be prosecuted as a result of the

complaint (e.g. vendor/distributor/manufacturer/

importer) shall be notified as soon as reasonably

practicable, using form FC6. A copy of FC6 shall be

placed in the complaint file.

FC6

9.2 Records of any responses should be placed in the

complaint file.

NOTE: If the initial notification is verbal, a record

shall be made and placed in the complaint file.

Other potential defendants shall be notified as

they emerge.

In some cases, notification could impede the

progress of further investigations, e.g. where

originating/home authority would need time to

carry out an unannounced investigation at

manufacturer‟s premises. In such cases

notification shall take place as soon as can be

achieved without prejudicing further

investigations. In such cases the reasons for

delaying notification shall be recorded in

writing and placed in the complaint file.

9.3 Names and addresses and other relevant contact

information shall be recorded in writing and placed in

the complaint file as they become available.

9.4 If a request is received to examine the food/foreign

matter, appropriate arrangements shall, as far as is

reasonably practicable, be made to accommodate such

requests. Where an examination takes place, record

details in Part 8 of form FC1. If it is necessary to take

the sample/foreign matter to the Public Analyst

immediately arrangements can be made to have it

examined there. The Public Analyst will record the

necessary details and forward this to the investigating

officer.

FC1 –Part8

9.5 At this stage preliminary contact shall be made with the

originating authority and, if different, the home

authority by telephone, fax, e-mail. and/or post. For

fax, e-mail and postal notifications use FC7

(Preliminary contact with Originating/Home

Authority/Department of Agriculture and Rural

FC7

12

Development) accompanied by a copy of FC6. Place

copy/copies in the complaint file. Details of response(s)

both oral and written, as and when received, shall be

recorded/placed in the complaint file.

FC6

NOTE: Where the food complained of has originated

in premises for which the Food Standards

Agency (FSA) has enforcement responsibility

under the Food Safety (NI) Order 1991 (e.g.

meat and poultry slaughterhouses and cutting

premises, liquid milk dairy products premises)

and the complaint relates to hygiene matters

(i.e. the possible cause of the complaint is due

to non-compliance with hygiene rules), form

FC7 accompanied by a copy of form FC6 shall

be forwarded to:

(a) in the case of complaints involving

„liquid milk‟ -

Head of Quality Assurance Division,

Department of Agriculture and Rural

Development,

Room 1028,

Dundonald House,

Upper Newtownards Road,

BELFAST BT4 3SB.

(b) in the case of complaints involving „fresh

meat‟ the veterinary officer responsible

for the premises concerned. If the

investigating officer does not possess this

information he should contact the local

environmental health department in the

district council area concerned.

Where a district council receives an enquiry

from an originating authority or home

authority (usually in Great Britain or the

Republic of Ireland) which should have been

sent to DARD/FSA, he shall forward it to the

appropriate person using form FC8

(Preliminary contact with the Department of

Agriculture and Rural Development following

receipt of notification of food complaint from

other local authority). The enforcing authority

should be informed accordingly using form

FC9 (Response to investigating authority from

Originating/Home Authority following initial

notification of food complaint investigation).

FC7

FC6

FC8

FC9

9.6 Details obtained from originating/home authority at this

stage may be sufficient to determine the outcome of the

13

investigation. If the investigating officer is of the

opinion that no further investigation is warranted he

shall complete, as appropriate, Parts 4 and 6 of form

FC1 and pass the file to the senior/lead/PEHO.

Otherwise continue with the investigation.

FC1-Parts

4&6


officer‟s recommendation that no further action be

taken, he shall complete Part 6 of form FC1 and the

investigating officer shall:

complete and forward FC3 (Information to

complainant) to the complainant;

complete and forward FC10 (Notification to

vendor/distributor/manufacturer/importer that no

further action is to be taken) to the vendor, etc. as

appropriate, (i.e. person(s) who previously

received FC6);


Home/Originating Authority/Department of

Agriculture and Rural Development of the

outcome of investigation) to the home authority/

originating authority/DARD/FSA;

record the relevant information in the file cover

sheet; and

close the file. Transfer to administration to update

computer.

FC1 –Part6

FC3

FC10

FC12




the file to the Investigating Officer for further

investigation.

FC1 –Part6

10. Scientific investigation

10.1 The investigating officer will need to consider whether

any scientific investigation is to be undertaken. If the

investigating officer is in any doubt he should consult

the Public Analyst, Food Examiner or other relevant

expert who will advise on the form of scientific

investigation which may be appropriate for that

complaint sample.

10.2 Additionally, the investigating officer shall consult with

the senior/lead/PEHO prior to submission of complaint

sample. It is not necessary to submit every complaint

sample to a food analyst or food examiner. In some

cases investigating officers will be competent to

examine the food/foreign matter and to give relevant

evidence in legal proceedings.

14

NOTE: If destructive testing is anticipated photo-

graphs of the complaint sample must be taken

at this stage, if this has not already been done.

CoP6

FSSQR

10.3 Complaint samples for submission to the Public

Analyst, food examiner, etc. shall be appropriately

labelled and sealed and shall be transported in

accordance with the Food Safety (Northern Ireland)

Order 1991 Code of Practice and the Food Safety

(Sampling and Qualifications) Regulations (NI) 1991.

10.4 Each complaint sample to be forwarded to the Public

Analyst, Entomologist, etc shall be accompanied by a

fully completed form FSC (Food Complaint - Sample

Submission Form) and copy of Part 1of form FC1.

Each complaint sample to be forwarded to the Northern

Ireland Public Health Laboratory (NIPHL) shall be

accompanied by a fully completed NIPHL Food

Complaint Sample Submission Form (buff coloured).

A photocopy of the submission form shall be retained in

the complaint file.

Record details in Part 5 of form FC1. Complete Part 5

of form FC1 if preliminary results of analysis are made

known.

FSC

FC1 –Part1

FC1 –Part5

NOTE: Officers should remember to make the

necessary arrangements for collection of the

sample/foreign matter/packaging as soon as

possible after the analysis/examination is

completed. The Public Analyst will retain such

items for up to 6 12 months after receipt.

10.5 The findings of the Public Analyst, food examiner, etc.

may be sufficient to determine the outcome of the

investigation. If the investigating officer is of the

opinion that no further investigation is warranted he

shall complete, as appropriate, Part 6 of form FC1 and

pass the file to the senior/lead/PEHO. Otherwise

continue with the investigation.

FC1–Part 6


officer‟s recommendation he shall complete Part 6 of

form FC1 and the investigating officer shall:

complete and forward FC3 (Information to

complainant) to the complainant;


vendor/distributor/manufacturer/importer that no

further action is to be taken) to the vendor, etc.

(i.e. person(s) who previously received FC6);


Home/Originating Authority/Department of

FC4

FC3

FC10

FC12

15

Agriculture and Rural Development of outcome of

investigation) to the home authority/originating

authority/DARD/FSA;

record the relevant information on the file cover

sheet; and

close the file. Transfer to administration to update

computer.




the file to the Investigating Officer for further

investigation.

FC1 –Part6

11. Investigation leading to formal action

11.1 If the investigation has reached this stage it is probable

that formal action will result. Therefore, it is important

that all necessary evidence to obtain a conviction is

collected and that such evidence is admissible.

Vending/manufacturing/distributing/importing premises

inside the enforcing authority area

11.2 The investigating officer shall visit premises, as

appropriate, inspect and/or interview relevant persons.

A complete, accurate written record of the visit must be

made and placed in the complaint file.

NOTE: Where responsibility for hygiene matters lies

with DARD/FSA, detailed information shall be

sought using FC13 (Request for detailed

information from home/originating authority/

DARD/FSA) which should be sent to:

(i) in the case of complaints involving

„liquid milk‟,



Development,

Room 1028,

Dundonald House,


BELFAST BT4 3SB.

(ii) in the case of complaints involving „fresh


for the premises concerned.

FC13

11.3 The investigating officer shall make a written record of

any verbal response and place with any written

response, when received, in the complaints file.

16

Vending/manufacturing/distributing/importing premises

outside the enforcing authority area

11.4 Detailed information shall be sought from the home

authority or originating authority, as appropriate, using

FC13 (Request for detailed information from Home/

Originating Authority/Department of Agriculture and

Rural Development). See FC13a for an example of

appropriate questions. Record details of any response,

as and when received, in the complaint file.

Where the Home Authority and/or the Originating

Authority is non-UK, but an EU Member state, FSA has

been officially designated as UK Single Liaison Body.

Its role is to facilitate the exchange of enforcement

information on routine food control matters including

forwarding food complaints and requests for

information to other Member States. The Food Safety

(NI) Order 1991 Code of Practice should be used as

guidance and where necessary form FC19 should be

completed and sent to:

Head of General Food Hygiene Unit

Food Standards Agency (Northern Ireland)

10A - 10C Clarendon Road

BELFAST BT1 3BG

who will forward the request to LACORS.

FC13

FC13a

FC19

NOTE: Where a response to an earlier preliminary

notification indicates that responsibility for

hygiene matters in the premises lies with

DARD, form FC13 shall be sent directly to the

appropriate DARD contact, as follows:

(i) in the case of complaints involving

„liquid milk‟,



Development,

Room 1028,

Dundonald House,


BELFAST BT4 3SB.

(ii) in the case of complaints involving „fresh


for the premises concerned.

„Home‟ or „originating‟ district councils in receipt of

requests for detailed information in respect of

premises for which DARD is responsible shall forward

these and accompanying letter FC14 (Standard letter

to accompany Home Authority referral to be

FC13

FC14

17

forwarded to Department of Agriculture and Rural

Development), without delay, to the appropriate

DARD contact (see (i) and (ii) above).

11.5 The investigating officer shall make a written record of

any verbal response and place with any written

response, when received, in the complaints file.

11.6 Where the home authority/originating authority/DARD

fails to respond to the FC13 request, forward FC15

(Request for detailed information from manufacturer/

distributor/importer where no response has been

received from Home/Originating Authority indicates

that formal action would be appropriate) to the

manufacturer/distributor/importer, as appropriate. Keep

record of any response, as and when received, in the

complaint file.

FC15

11.7 Where the home authority/originating authority

responds to the FC13 request in terms which would

indicate that formal action would be appropriate,

forward FC16 (Request for detailed information from

manufacturer/distributor/importer where response

received from Home/Originating Authority indicates

that formal action would be appropriate) to the

manufacturer/distributor/importer, as appropriate. Keep

record of any response, as and when received, in the

complaint file.

FC16

11.8 The investigation should now have been completed and

the investigating officer should be in possession of all

the necessary evidence upon which to base his final

recommendation. He shall make a full written report on

the investigation. If legal action is to be recommended,

the investigating officer shall make a formal written

statement.

11.9 On consideration of all the evidence the

recommendation of the investigating officer on the

course of action to be taken shall be recorded in Part 6

of form FC1. The investigating officer shall ensure that

all relevant information and evidential documents are

placed in the complaint file. Pass the complete file to

the senior/lead/PEHO.

FC1 –Part6

CoP1

LACORS

Guide

CPSCode

11.10 On consideration of the report and recommendation of

the investigating officer and, if appropriate, of the

prosecution criteria (see Code of Practice, the LACORS

Guidance on Food Complaints, the CPS Code for

Crown Prosecutors, the Council‟s food safety

enforcement policy & annex 2 of this procedure) the

senior/lead/PEHO shall make his recommendation and

complete Part 6 of form FC1 accordingly. The

FC1 –Part6

18

complete file shall be passed to the CEHO/Director of

Environmental Health/Manager of Environmental

Health Service.

12. Procedure to be followed by CEHO/Director of

Environmental Health/Manager of E H Service

12.1 The CEHO/Director of EH/Manager of EH Service

shall consider the evidence in the file and the

recommendations of the investigating officer and the

senior/lead/PEHO. If the district council‟s solicitor has

not been consulted at an earlier stage of the

investigation it may be appropriate to consult him

before a final decision is made on the outcome of the

investigation. The CEHO/Director of EH/Manager of

EH Service shall decide on the course of action to be

taken and complete Part 6 of form FC1 accordingly.

FC1 –Part6

12.2 Where the district council has delegated the relevant

powers to the CEHO/Director of EH/Manager of EH

Service, he shall take the appropriate action and record

details in the complaint file.

12.3 Where the relevant powers are retained by the district

council or a committee of the district council, the matter

shall be reported as appropriate and the resulting

decision implemented. The details of the decision shall

be recorded in Part 6 of form FC1.

FC1 –Part6

12.4 The recommended course of action shall be

implemented and other interested parties informed as

follows:

No further action

notify vendor/distributor/manufacturer/importer

using FC10 (Notification to vendor/distributor/

manufacturer/importer* that no further action is

to be taken);

notify Home Authority/Originating Authority/

DARD using FC12 (Notification to Home

/Originating Authority/Department of

Agriculture of outcome of investigation);

notify complainant using FC3 (Information to

complainant).

Informal warning

served on vendor/distributor/manufacturer/

importer using FC11 (Informal warning to

vendor/distributor/manufacturer/importer);



manufacturer/importer* that no further action is

FC10

FC12

FC3

FC11

FC10

19

to be taken);






complainant).

Formal caution

served on vendor/distributor/manufacturer/

importer as appropriate;

notify the Office of Fair Trading (OFT) (to be

reviewed);



manufacturer/importer that no further action is

to be taken/is necessary);






complainant).

Legal proceedings

Prior to hearing:


complainant;

After hearing:

notify complainant using FC17 (Notification to

complainant of outcome of prosecution)



manufacturer/importer of outcome of

prosecution);





notify the Office of Fair Trading (OFT) (to be

reviewed);

record details in Part 7 of FC1.

FC12

FC3

FC10

FC12

FC3

FC3

FC17

FC18

FC12

FC1– Part7

12.5 Where a conviction has been obtained after legal

proceedings have been instituted, a certificate of

conviction shall be obtained and kept on file.

20

12.6 The outcome of the investigation having been

determined and the various notifications made and

recorded, the file shall be closed and passed to

administration.

21

Procedure FLOWCHART Form

Paras 5.1 to

5.3

Food complaint

received

FC2 completed and

given to complainant/

representative

FC2

Para 5.5 Sample bagged,

labelled and stored

Details recorded on

FC1 (Part 1&3)

FC1 Parts

1&3

Paras 5.6 and

5.7

Food complaint file

opened and passed to

investigating officer

FCfile

Para 6.1

This district council‟s

responsibility

NO

Forward to

appropriate district

council (FC4 + copy

FC1) and notify

complainant (FC5)

FC4

FC1

FC5

Paras 6.2 and

6.3

Unjustified or minor

complaint?

YES

Record details (FC1 –

Part 3), complete FC1

– Parts 4&6 and

notify complainant

(FC3)

FC1 –Part 3

FC1 Parts

4 & 6

FC3

Para 7.1 Preliminary

examination

Complete FC1 Page 1

Part 1 and fax/e-mail

to Group

FC1 –Part 1

Paras 7.2 to

7.4

Further investigation

warranted?

NO

Complete FC1 (Parts

4 to 6) and notify

complainant (FC3)

FC1 – Parts

4 & 6

FC3

Para 7.5

Malicious tampering

or public health

problem suspected?

YES Notify Group and

follow Food Safety

(NI) Order 1991 CoP

Para 7.6 Alleged or suspected

associated illness?

YES Initiate food

poisoning

investigation

NO

YES

YES

NO

NO

22

Paras 8.1 to

8.4

Interview

complainant

Complete FC1 (Pages

2 & 3)

FC1– Pages

2 & 3

Paras 8.5 to

8.7


warranted?

NO Complete FC1 (Parts

4 and 6) and notify

complainant (FC3)

FC1 –Parts

4 & 6

FC3

Paras 9.1 to

9.3

Initial contact with

vendor/supplier/

manufacturer/

importer

Complete FC6 and

give/send to vendor,

etc. as appropriate

FC6

9.4 Request required to

examine foodstuff

Complete FC1

Part 8

Where appropriate

FC1 Part 8

9.5 Initial contact with

Originating/Home

Authority/DARD

(see note to Para 9.5

if DRD premises)

If appropriate use

FC7 and copy of FC6,

FC8 and FC9

FC6

FC7

FC8

FC9

If complaint from GB

or ROI/Originating/

Home Authority

Forward enquiry to

DARD and notify

OA/HA

FC8

FC9

9.6 – 9.8 Details received

from OA/HA

NO


warranted?

YES

Complete FC1 Parts 4

& 6 and pass to

senior/lead/PEHO

FC 1 Parts

4 & 6

No further Action

YES FC1 Part 6

Senior/lead/PEHO:

complete FC1 Part 6

FC3

FC10

10.1 – 10.7 Scientific

investigation

warranted?

FC12

Investigating officer:

complete FC3, FC10 &

FC3

FC10

OR FC12 and close file FC12

Complete FSC and

YES

23

Public

Analyst

or other

expert

PHLS

(buff

form)

Copy of Part 1 of FC1.

Record details.

Complete Part 5 of

FC1.

FSC, FC1

Part 1 , FC1

Part 5


warranted

NO Complete FC1 Part 6

and pass to

senior/lead/PEHO

FC1 Part 6


warranted?

NO Senior/lead/PEHO

confirms NFA

YES

Senior/lead/PEHO

completes FC1 Part 6

FC4 Part 3,

FC7, FC10,

FC12

11.0 Formal Action

probable

Investigating officer:

complete FC3/FC10/

FC12

11.2 – 11.5 The IO shall either

inspect and/or

interview if premise

is within EA area or

request detailed

information where

premise is outside

EA area

Complete FC13, FC13a FC13,

FC13a

11.6 – 11.7 Response from

HA/OA/

DARD FC13

request

NO Complete and

forward FC15

FC13

FC15

YES

Formal action

appropriate?

Complete and forward

FC16

FC16

11.8 – 11.9 Formal Investigation

complete

Complete FC1 Part 6 FC1 Part 6

11.10 Pass file to

senior/lead/PEHO


24

12.1. – 12.3 Pass file to CEHO/

Director/EHS

Manager


12.4 Implementation of

Recommendations

FC14,

FC16, FC7

Y ES

No Further Action NFA

FC10, FC12, FC3

FC10,

FC12, FC3

NO

Informal Warning Y ES Complete FC10,

FC12, FC3

NO

Formal Caution Y ES Complete FC10, FC12,

FC3

FC10,

FC12, FC3

NO

Legal Proceedings

Prior to hearing Notify Complainant

FC3

FC3

After hearing FC17, FC18, FC12

Complete FC1 Part 7

FC17,

FC18,

FC12, FC1

Part 7

Notify OFT

Close File

25

Appendix 1

Proforma

26

FOOD COMPLAINT FILE - COVER SHEET Complaint Ref. No:

Complainant’s name: Date complaint made:

Nature of complaint:

INVESTIGATION RECORD FORM TICK DATE

FC1 - PART1: Page 1 Fax/e-mail to Group

FC2 - acknowledgement of receipt of food complaint given to complainant

Complainant interviewed

FC3 - information to complainant

FC4 - referral of food complaint to another local authority for investigation

FC4(a)Notification to seller / manufacturer/ importer or

distributor of HYGIENE complaint.

FC5 - notification to complainant of referral to another local authority

FC6 - initial notification of food complaint sent to vendor

Response: verbal/written

FC6 - initial notification of food complaint sent to manufacturer

Response: verbal/written*

FC6 - initial notification of food complaint sent to


FC7 (+ copy FC6) - preliminary contact with Originating Authority/DARD*


FC7 (+ copy FC6) - preliminary contact with Home Authority/DARD*


FC8 – preliminary contact with DARD following receipt of notification from other local authority

FC9 - response from OA/HA* informing investigating authority that DARD is responsible authority

FC9 (a) Notification to complainant regarding outcome of

miscellaneous complaint (no food product).

FC10/FC11* - notification to vendor of no further action/informal warning*

FC10/FC11* - notification to manufacturer of no further action/informal warning*

FC10/FC11* - notification to ______________________ of no further action/informal warning*

Food complaint specimen sent for analysis/examination


Dates of visit(s) to vendor:

Dates of visit(s) to manufacturer:

Dates of other visit(s):

FC13 - request for detailed information sent to OA Response:

FC13 - request for detailed information sent to HA Response:

FC13 - request for detailed information sent to DARD Response:

27

FC15/FC16* - request for detailed information from

manufacturer

Response:

FC15/FC16* - request for detailed information from Response:

FC12 - notification of outcome of investigation sent to Originating Authority

FC12 - notification of outcome of investigation sent to Home Authority

FC12 - notification of outcome of investigation sent to DARD

FC17 - notification to complainant of outcome of prosecution

FC18 - notification to vendor/distributor/manufacturer/importer of outcome of prosecution

FC19 – UK Sample Liaison Body Notification

FILE CLOSED:

* Delete as appropriate

28

FC1 Investigation Record Form

BELFAST CITYCOUNCIL Complaint Ref. No: (* NECESSARY FIELDS FOR HYGIENE COMPLAINTS- USE AS APPROPRIATE) Computer Codes: Complaint Type: _______ MAFF Class: _______ Product Code: ______

PART 1 (To be completed by person receiving complaint)

*Alleged nature of complaint:

_____________________________________________________________________________________

_____________________________________________________________________________________

*Complainant interviewed: *Date: ________________________ *Time: ______________________

*Place: ________________________________________________________________________________

*Full Name of Complainant: _______________________________________________________________

*Full Address: __________________________________________________________________________

____________________________________________________ *Telephone No: _____________________

*Date received: *Time received: _________________

*Person receiving complaint: *Designation: ___________________

*How received: Telephone Letter In person Other

If Other, please specify

Has specimen/foreign matter been produced at time of making complaint? Yes No

If Yes, specify how secured and where stored: ________________________________________________

_____________________________________________________________________________________

If No, was complainant advised on how to preserve integrity of food/foreign matter? Yes No

If Yes, Food Stored in Locked Cupboard Fridge Freezer

Detailed description of food: __________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Brand: ___________________________ Size: ___________________ Weight: ______________________

I.M.D. Code: __________________________________ Lot Code: ________________________________

Other codes, please specify: _______________________________________________________________

Any other relevant labelling/information: ____________________________________________________

______________________________________________________________________________________

______________________________________________________ Postcode: ______________________

Full Name of Purchaser (if different from Complainant): ________________________________________

Full Address: ____________________________________________ Telephone No: __________________

Manufacturer‟s Name & Address: __________________________________________________________ Postcode:

_______________________________________________________ Telephone No: __________________

* Full Name of Vendor: ____________________________________________________________________

* Full Address: ____________________________________________ Telephone No : _________________

*Type of premises: _______________________________________________________________________

*Date and time of incident____________ Date purchased: _______ Time purchased: ____Price Paid: ________

Any proof of purchase/receipt available? Yes No

Any special sales promotions? Yes No

If Yes, please specify: ____________________________________________________________________

29


DISTRICT COUNCIL Complaint Ref. No:

*Has Complainant any connection with Vendor/Manufacturer/Distributor/Importer (e.g. previous employee)?

Yes No

*If Yes, please specify: _______________________________________________________________________

Method of packaging at time of sale: ___________________________________________________________

_________________________________________________________________________________________

Storage conditions at time of sale: _____________________________________________________________

_________________________________________________________________________________________

Destination of food: ________________________________________________________________________

Taken straight to destination? Yes No Specify: ____________________

________________________________________________________________________________________

Method of transportation: ___________________________________________________________________

Storage conditions in transit: _________________________________________________________________

Duration of journey: Weather conditions: _________________________

Storage conditions at destination (e.g. temperature, indication of pests): _______________________________

_________________________________________________________________________________________

_________________________________________________________________________________________

Food first opened - Date: Time: _________________

Food found to be unsatisfactory - Date: Time: _________________

Full Name & Address of Person finding food unsatisfactory: __________________________________

Full Name(s) & Address(es) of Person(s) consuming food: __________________________________________

_________________________________________________________________________________________

Full Name(s) & Address(es) of Witness(es) to discovery of problem: _________________________________

________________________________________________________________________________________

*Description of circumstances of discovery: ______________________________________________________

_________________________________________________________________________________________

_________________________________________________________________________________________

_________________________________________________________________________________________

Storage conditions after discovery: __________________________________________________

________________________________________________________________________________________

________________________________________________________________________________________

Any effects from consuming food? Yes No

If Yes, please specify: _____________________________________________________________________

________________________________________________________________________________________

________________________________________________________________________________________

Any treatment given to food at home (e.g. cooking)? Yes No

If Yes, please specify: ______________________________________________________________________

________________________________________________________________________________________

________________________________________________________________________________________

30



Any control article available from Complainant: Yes No

If Yes, please specify: _________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

Any handling of article or foreign body subsequent to discovery of problem? Yes No


____________________________________________________________________________________________

____________________________________________________________________________________________

Has article been in contact with saliva? Yes No

Has Complainant notified Vendor? Yes No


___________________________________________________________________________________________

Response, if any: _____________________________________________________________________________

____________________________________________________________________________________________

Has Complainant notified Manufacturer/Distributor/Importer? Yes No


____________________________________________________________________________________________

Response: ___________________________________________________________________________________

____________________________________________________________________________________________

Time received: ________________________________________

*Complainant wishes his/her name and address to be given to the Company on completion of the

investigation. YES/NO

[If NO, Complainant informed that any person who may be prosecuted as a result of the complaint will

be notified of his/her name and address]

Request complainant to complete and sign the following:

I hereby confirm that concerning this complaint:

I wish the complaint to be investigated formally.

I wish to the complaint to be investigated informally only.

I am willing/not willing to make a written statement.

I am willing/not willing to be involved in legal proceedings.

I wish/do not wish to withdraw the complaint.

[ Delete as appropriate ]

I understand that the District Council reserves the right to take whatever action it deems appropriate

in respect of this complaint.

Signed: _______________________________________ Date: _________________________________

Complainant’s name (Block capitals)

Address: _____________________________________________________________________________

_________________________________________________________ Postcode: __________________

Completed form FC2 given to complainant/Representative Y/N Date received: _____________________

31



PART 2

*Witness statement(s) taken at this time? Yes No

If yes, from whom: _______________________________________________________________________

_______________________________________________________________________________________

PART 3

Food/Foreign matter inspected: Date:_____________________ Time: _________________________

Photograph(s) taken of food, foreign matter, etc.: Yes No

Findings of Investigating Officer‟s examination: ________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

Food Stored in Locked Cupboard

Fridge number: -------------------------------

Freezer

PART 4

Recommendation of Investigating Officer: Further investigation warranted? Yes No

PART 5

Specimen sent for analysis? Yes No

If Yes, sent to: Public Analyst Date: Sample No: _____________________

Public Health Lab Date: Sample No: _____________________

Other Date: Sample No: _____________________

If Other, please specify:

___________________________________________________________________________

If destructive testing anticipated, photographs taken:

Copy of FC1 Part 1 sent with specimen/foreign matter (to Public Analyst/Entomologist etc):

Preliminary Results: ______________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

32



Additional Information relating to investigation

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

Signed ………………………………………………….. Date ………………………………………

33



PART 6

INVESTIGATING OFFICER’S RECOMMENDATION (tick one)

No further action

Informal written warning

Formal caution

Prosecution

SENIOR/LEAD/PEHO RECOMMENDATION (tick one)

No further action


Formal caution

Prosecution

DECISION OF CEHO/DIRECTOR OF ENVIRONMENTAL HEALTH/MANAGER OF EH

SERVICE (tick one)

No further action


Formal caution

Prosecution

Signed …………………………………..… Date ………………………………………………….

Director of Environmental Health

RECOMMENDATION TO ENVIRONMENTAL HEALTH COMMITTEE (where no

delegated powers)

No further action


Formal caution

Prosecution

Decision of Committee ……………………………………………… Date ………………………

Date of ratification of decision (if applicable) ……………………………………………………...

Date decision implemented …………………………………………………………………………

Date Complainant notified of Council decision …………………………………………………….

34



PART 7

DETAILS OF LEGAL PROCEEDINGS

Alleged offence(s):

Date set for hearing: at Court

Details of adjournments (if any):

Date of hearing: at Court

Outcome:

Case withdrawn Case dismissed Guilty (plea) Guilty (contested)

Penalty:

Absolute discharge

Conditional discharge Details:

Fine Amount:

Imprisonment Term:

Costs:

Solicitors costs

Court costs

Analyst‟s fee

Witness costs

Other costs

Costs awarded against District Council:

Certificate of Conviction obtained Date:

Any other relevant information:

35

FC1 Investigation Record Form DISTRICT COUNCIL Complaint Ref. No:

PART 8

PART 1 COMPANY REPRESENTATIVE EXAMINATION

Request received to examine specimen/foreign matter? YES NO

If YES, record details of examination below:

Vendor:

Nature of examination

Examined by (Name) (Position)

Representing

At:

Comments:

Signature: Date:

Signature of authorised officer present:

Comments:

Manufacturer:



Representing

At:

Comments:

Signature: Date:


Comments:

Other:



Representing

At:

Comments:

Signature: Date:


Comments:

NIFLG

FC2 Acknowledgement of Receipt of Complaint

ACKNOWLEDGEMENT OF RECEIPT OF FOOD COMPLAINT

D I S T R I C T C O U N C I L

THE FOOD SAFETY (NI) ORDER 1991 as amended

I acknowledge receipt of food complaint reference number from

COMPLAINANT‟S NAME:

ADDRESS:

Signed: Date:

Name in BLOCK CAPITALS:

Designation:

Please note the following:-

1. All food complaints made to this District Council are dealt with in accordance with the

requirements of the Food Safety (NI) Order 1991 as amended and Regulations and Codes of

Practice made thereunder.

2. The complaint will be investigated in respect of possible contravention of the Food Safety

(NI) Order 1991 and any decision regarding further action will lie solely with the District

Council. The matter of seeking compensation for complainants is not the purpose of any

investigation undertaken.

3. If the food was sold or supplied in another District Council‟s area, it will be forwarded to that

District Council for investigation of the complaint.

4. If necessary you will be interviewed by an authorised officer representing the investigating

District Council who will advise you fully of the investigation procedure.

5. The District Council may be obliged to release the name of the complainant to any

person who may be prosecuted as a result of the complaint.

6. All food complaints are thoroughly investigated and, where necessary, are sent for scientific

analysis. Any food subjected to detailed analysis may be destroyed in the process.

7. On completion of the investigation you will be advised of the outcome, however, you should

bear in mind the fact that the investigation and any follow up action may take some

time.

37

37

FC3 Information to Complainant

INFORMATION TO COMPLAINANT

[INSERT DISTRICT COUNCIL LETTERHEAD]


Dear Sir/Madam,

The Food Safety (NI) Order 1991 as amended

RE: (business trade name and seller)

I write further to your complaint made/referred* to this department on [insert date of complaint]

concerning [insert details of alleged complaint].

Your complaint has been investigated and it has been decided:-

[insert either]

* Not to take any further action because [insert explanation].

* That while the matter will not be proceeded with formally, it will be brought to the

attention of [insert details].

* To issue a formal caution.

I thank you for drawing this matter to my attention. Should you require further information,

please do not hesitate to contact me.

[or]

To prosecute [insert who is being prosecuted and brief details of offence]

The case is scheduled to be heard at [insert name of Magistrates’ Court] on [insert date of

hearing] at [insert time of hearing].

You may be required to attend as a witness. An officer from this Department will contact you in

order to make the necessary arrangements.

Yours faithfully,

_______________________________________

[* Delete as necessary]

PS/CC/<> <>

Complaint Ref. No.:

38

FC4 (a) Notification to seller/ manufacturer/ importer or distributor of (hygiene) complaint.


<> <> Dear Sir/Madam RE: The Food Safety (NI) Order 1991 as amended On <(date)> this department received a complaint relating to <(nature of hygiene complaint)> at<> (premises name and address). This notification is given in accordance with the Statutory Code of Practice on Legal Matters made under the above-mentioned legislation. Yours faithfully

<> <> (Food Safety)

39

FC4 Referral of Food Complaint to Responsible Authority for Investigation

REFERRAL OF FOOD COMPLAINT TO ANOTHER LOCAL AUTHORITY

RESPONSIBLE FOR INVESTIGATION



PRODUCT:

Date of receipt of complaint:

Referred for investigation to

Address:

Photocopy of form FC1 attached:

Method of transfer/transport of specimen/foreign matter:-

TICK ONE:-

By hand by to

(Signature) (Signature)

By registered post/ Date of posting: Ref:

recorded delivery

Other. Please specify

Date: Time:

Signed: Date:


Designation:

Complaint Ref. No.:

40

FC5 Notification of Complaint to Another Authority for Investigation

NOTIFICATION TO COMPLAINANT OF REFERRAL OF FOOD COMPLAINT TO

ANOTHER LOCAL AUTHORITY RESPONSIBLE FOR INVESTIGATION



Dear Sir/Madam,

The Food Safety (NI) Order 1991

I refer to your complaint relating to [insert name of food]

made to this Council on [insert date complaint made] .

This matter has been referred to the appropriate investigating authority, namely [insert name of

district

council] . Should you require any further information you should

contact the environmental health department of that District Council at: [insert name and address,

and

telephone number]

Yours faithfully

_________________________________

Complaint Ref. No.:

41

FC6 Initial Notification of Food Complaint Investigation to Vendor/Distributor/ Manufacturer/Importer

INITIAL NOTIFICATION OF FOOD COMPLAINT INVESTIGATION TO

VENDOR/DISTRIBUTOR/MANUFACTURER/IMPORTER*



This department has received a complaint relating to a food sold/distributed/manufactured/ imported* by

you. The details of the complaint known at present are set out below. This notification is given to you in

accordance with the Food Safety (NI) Order 1991 as amended, Code of Practice.

A copy of this notification will be forwarded to the district council/enforcing authority within whose area the

product originated and/or the district council/enforcing authority which has home authority responsibility for

food safety matters in respect of your business.

We will be in contact with you at a later date and may invite formal comment at that stage. In the meanwhile

should you wish to make arrangements to view the food/foreign matter please contact the undersigned.

Name of food:

Product Details/Codes:

Where Purchased:

Address:

When Purchased: Date: Time:

Nature of complaint:

When complaint received: Date: Time:

+ Name and Address of Complainant:

Signed: Date:


Designation:

* Delete as appropriate + Provide name and address of complainant only if appropriate at this time.

Complaint Ref. No.:

42

FC7 Preliminary Contact with Originating/Home Authority/ Department of Agriculture

PRELIMINARY CONTACT WITH ORIGINATING AUTHORITY/HOME AUTHORITY/

DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT*

[DISTRICT COUNCIL LETTERHEAD]


This department has received a complaint relating to food produced by a company for which we believe you

are the originating authority/home authority/authority responsible for hygiene matters*. The details of the

complaint known at present are set out below.

Food Complaint

Name of Product:

Product Details/Codes:

Nature of Complaint:

Date of Complaint:

Legislation allegedly contravened:

Manufacturer

Name:

Address:

Post Code:

Supplier

Name:

Address:

Post Code:


Complaint Ref. No.:

43

REASON FOR REFERRAL

TICK as appropriate

Information only (no further contact with sender required).

We would be grateful for any initial response you may have which may assist this

Council in deciding whether further investigation is necessary

Should we wish to obtain further more detailed information from you we will forward a

suitable questionnaire at a later date.

Please find attached a copy of the initial notification to the Vendor/Distributor/Manufacturer/

Importer* (FC6)

Signed: Date:


Designation:


44

FC8 Preliminary Contact with the Department of Agriculture and Rural Development for Northern Ireland

following Receipt of Notification of Food Complaint from Other Local Authority

PRELIMINARY CONTACT WITH THE DEPARTMENT OF AGRICULTURE AND RURAL

DEVELOPMENT FOLLOWING RECEIPT OF NOTIFICATION OF FOOD COMPLAINT FROM

OTHER LOCAL AUTHORITY



This department has received a complaint relating to food produced by a company for which we

believe you are the authority responsible for hygiene matters. The details of the complaint known

at present are set out in the enclosed documents (Ref: FC5 and FC6).

I would be grateful if any response concerning this matter could be directed to the Local Authority

who received the complaint and not to this Authority.

Signed: Date:


Designation:

Complaint Ref. No.:

45

FC9 Response to Investigating Authority from Originating/Home* Authority Following Initial Notification of

Food Complaint Investigation

RESPONSE TO INVESTIGATING AUTHORITY FROM ORIGINATING/HOME*

AUTHORITY FOLLOWING INITIAL NOTIFICATION OF FOOD COMPLAINT

INVESTIGATION



Further to your initial notification of food complaint I would inform you that the Department of

Agriculture and Rural Development are responsible for hygiene matters in the premises from which

the food originated. Consequently I have forwarded your correspondence on to the responsible

person as set out below and have asked them to respond directly to you. Any further

correspondence in connection with this matter should be directed to that officer and not to this

department.

CONTACT DETAILS

NAME:

POSITION:

ADDRESS:

TEL NO.:

FAX NO.:

Signed: Date:


Designation:

Complaint Ref. No.:

46

FC 9(a)Notification to complainant regarding outcome of a miscellaneous complaint (no food

product)

PS/CC/<> <>

<>

<>

Dear <> RE:

*The Food Safety (NI) Order 1991 as amended

*Regulation (EC) No 852/2004

*The Food Hygiene Regulations (NI) 2006 I write further to your complaint made to this department on <(date)> relating to alleged <(nature of allegation)>. An investigation has been carried out and the City Council has decided to take (outline enforcement action e.g. issue Written Warning etc.) on the following grounds: <> Thank you for drawing this matter to my attention. Should you require any further information, please do not hesitate to contact me. Yours sincerely

<> <> (Food Safety)

47

FC10 Notification to Vendor/Distributor/Manufacturer/Importer* that no Further Action is to be taken/is

necessary

NOTIFICATION TO VENDOR/DISTRIBUTOR/MANUFACTURER/IMPORTER* THAT

NO FURTHER ACTION IS TO BE TAKEN/IS NECESSARY



*(delete as appropriate)

Dear Sir/Madam,


Further to initial notification of *food complaint *unhygienic practices *unhygienic premises

forwarded to you on

I write to inform you that no further action will be taken on this occasion/is necessary.

]

If you require any further information please do not hesitate to contact me.

Yours faithfully,

_______________________________________

Complaint Ref. No.:

48

FC11 Informal Warning to Vendor/Distributor/Manufacturer/Importer

INFORMAL WARNING TO VENDOR/DISTRIBUTOR/MANUFACTURER/IMPORTER*



Dear Sir/Madam,


Further to initial notification of *food complaint *unhygienic practices *unhygienic premises

forwarded to you on

I write to inform you that formal action will not be taken on this occasion. However, I must advise

you that this complaint may be taken into consideration in investigating any further substantiated

complaints of a similar nature.

If you require any further information please do not hesitate to contact me.

Yours Faithfully

_______________________________________


Complaint Ref. No.:

49

FC12 Notification to Home/Originating Authority/Department of Agriculture and Rural Development of

Outcome of Investigation

NOTIFICATION TO HOME /ORIGINATING AUTHORITY/DEPARTMENT OF

AGRICULTURE* OF OUTCOME OF INVESTIGATION



Further to earlier correspondence from this department on

the outcome of the investigation is as follows:-

* No further action taken.

* No further action taken by this Council, however, as *Home/Originating Authority you may wish to raise

the matter with the company concerned.

* Informal action taken, namely -

The reasons for taking the action outlined above were as follows:-

* Formal caution served on

Date:

* Legal proceedings instituted in respect of the following offence(s):

at Magistrates‟ Court on

resulting in

Signed: Date:


Designation:


Complaint Ref. No.:

50

FSC Food Complaint – Sample Submission Form

BELFAST CITY COUNCIL


FORM FSC FOOD COMPLAINT - SAMPLE SUBMISSION FORM

AUTHORISED OFFICER: SAMPLE NO:

Detailed description of food:

BRAND: SIZE: WEIGHT:

IMD CODE: LOT CODE:

Storage conditions specified on label:

Food/Foreign matter examined by importer/manufacturer/distributor/vendor? YES NO

Specify:

Date of receipt of complaint:

Any other relevant information:

Analysis required:

METHOD OF TRANSFER (Tick One)

BY HAND - BY: (Signature) TO: (Signature)

DATE: TIME:

BY REGISTERED POST - DATE OF POSTING: REFERENCE NO:

OTHER - PLEASE SPECIFIY DATE: TIME:

Signed: DATE:

(Authorised Officer)

THIS FORM MUST BE ACCOMPANIED BY A COPY OF PART 1 OF FC1

FOR LABORATORY USE

RESULT OF ANALYSIS: GENUINE/ADULTERATED

FEE CATEGORY:

COMMENTS:

SIGNED: DATE:

PUBLIC ANALYST

Complaint Ref. No: 816/C/ FH/FS

51

FC13 Request for Detailed Information from Home/Originating Authority/Department of Agriculture and Rural

Development

REQUEST FOR DETAILED INFORMATION FROM HOME/ORIGINATING

AUTHORITY/DEPARTMENT OF AGRICULTURE



Further to earlier notification from this District Council on

relating to

a summary of the analysis/examination of the food is as follows:

* I enclose a photograph/analyst‟s report/food examiner‟s report/the article itself*

I would be grateful if you would complete and returned the attached questionnaire at your earliest

convenience.

The information which you provide will assist the District Council in deciding the course of action

to be taken in relation to this complaint.

Thank you for your co-operation in this matter.

Signed: Date:


Designation:

Delete as appropriate

Complaint Ref. No.:

52



QUESTIONNAIRE

Details provided by:

NAME:

DESIGNATION:

AUTHORITY:

ADDRESS:

POSTCODE:

TEL. NO.:

FAX NO.:

QUESTIONS:

1?

2?

3?

4?

5?

6?

7?

8?

9?

10?

Signed: Date:


Designation:

NOTE:

Questions should be specific to the investigation in hand as opposed to being

general in nature. Never include open-ended questions, particularly about

food safety policy and quality control systems. Never request an opinion on

whether a food business has a due diligence defence in respect of a particular

incident. See FC14 Annex for example of appropriate questions.

Complaint Ref. No.:

53

FC13a Example of Appropriate Questions to ask Home/Originating Authority/Department of Agriculture and

Rural Development

EXAMPLE OF QUESTIONNAIRE RELATING TO METAL IN PRODUCT



QUESTIONNAIRE

Details provided by:

NAME:

DESIGNATION:

AUTHORITY:

ADDRESS:

POSTCODE:

TEL. NO.:

FAX NO.:

QUESTIONS:

1 Does the company have a Hazard Analysis System? YES/NO

2 From your knowledge do the company always implement the hazard

analysis system?

YES/NO

3 Does the Hazard Analysis System indicate that products such as this

are always subjected to metal detection?

YES/NO

4 If available please forward a copy any documented procedure relevant

to metal detection.

YES/NO

5 From your knowledge does the company always put this procedure

into practice?

YES/NO

6 Are the metal detectors checked for correct operation? YES/NO

7 If yes, how often? Every 15 mins.

Every ½ hour.

Every hour.

Every 2 hours.

Other. Specify …..…………………..

Complaint Ref. No.:

54

8 Who checks the metal detectors? ……………………………………………………….

……………………………………………. …………………………………………….

9 Is there an independent check of metal detectors (e.g. QC Dept.)

YES/NO

10 What size of test pieces are used? ……………… mm ferrous

……………… mm non ferrous

11 Do the metal detector records for the time period during which this product was

manufactured give any indication of failure?

YES/NO

12 If yes, what remedial action was taken ………………………………

………………………………………………………………………..

13 If possible please forward photocopy of metal dector records for the period in question.

14 Are you aware of any similar current or past non compliances and/or investigations?

YES/N

O

15 If yes, please supply brief details:-

16 Has your authority given advice to the company in relation to prevention of complaints

of this nature?

YES/N

O

17 If yes, please supply brief details.

18 Has the company received advice in relation to prevention of complaints of this nature

from independent advisors or consultants?

YES/N

O

19 If yes, please supply brief details.

20 If you wish to express an opinion on the companies overall systems that might contribute

to due diligence or if you have any further information which you consider may be

relevant to this case please indicate below:-

Signed ……………………………………. Date ………………………………….

55

FC14 Standard Letter to Accompany Home Authority Referral to be Forwarded to Department of Agriculture

and Rural Development

STANDARD LETTER TO ACCOMPANY HOME AUTHORITY REFERRAL TO BE

FORWARDED TO DEPARTMENT OF AGRICULTURE



Dear Sir/Madam,

FOOD COMPLAINT INVESTIGATION

This department has received the enclosed enquiry from

relating to a product manufactured by

As the Department of Agriculture is responsible for enforcing food hygiene requirements in the

establishment/part of the establishment* where the product was manufactured, I would be grateful if

you would provide the information requested directly to the person indicated.

Thank you for your co-operation in this matter.

Yours faithfully,

_________________________________________


Complaint Ref. No.:

56

FC15 Request for Detailed Information from Manufacturer/Distributor/Importer Where no Response Received

from Home/Originating Authority

REQUEST FOR DETAILED INFORMATION FROM MANUFACTURER/DISTRIBUTOR/

IMPORTER WHERE NO RESPONSE HAS BEEN RECEIVED FROM

HOME/ORIGINATING AUTHORITY



Dear Sir/Madam,

Food Safety (NI) Order 1991 as amended - Food Complaint Investigation


(copy attached) I would inform you of the following:-

[INCLUDE SUMMARY OF FINDINGS TOGETHER WITH ANALYST‟S/EXAMINER‟S

OR OFFICER‟S FINDINGS]

I would be pleased to receive your comments on these findings, in particular the precautions taken

by your company to prevent such complaints arising and any other relevant information which may

indicate that you have taken all reasonable precautions and exercised all due diligence in respect of

this matter.

In accordance with the provisions of the Police and Criminal Evidence (NI) Order 1989 and Code

of Practice C issued thereunder I am obliged to inform you that you do not have to reply to this

letter but I must caution you that if you do not mention something which you later rely on in court,

it may harm your defence. If you do mention anything, it may be given in evidence.

You may wish to seek legal advice before responding to this letter and any such response should be

made by a person entitled to speak on behalf of your business.

Yours faithfully,

___________________________________________

Complaint Ref. No.:

57

FC16 Request for Detailed Information from Manufacturer/Distributor/Importer Where no Response Received

from Home/Originating Authority Indicates that Formal Action Would be Appropriate

REQUEST FOR DETAILED INFORMATION FROM MANUFACTURER/DISTRIBUTOR/

IMPORTER WHERE RESPONSE RECEIVED FROM HOME/ORIGINATING

AUTHORITY INDICATES THAT FORMAL ACTION WOULD BE APPROPRIATE



Dear Sir/Madam,

Food Safety (NI) Order 1991 as amended - Food Complaint Investigation


(copy attached) I would inform you of the following:-

[INCLUDE SUMMARY OF FINDINGS (INCLUDING

HOME/ORIGINATING AUTHORITY‟S FINDINGS) TOGETHER WITH

ANALYST‟S/EXAMINER‟S OR OFFICER‟S FINDINGS]

As there are reasonable grounds for suspecting that an offence has been committed under [INSERT

RELEVANT LEGISLATION] I am giving you this opportunity to comment.

In accordance with the provisions of the Police and Criminal Evidence (NI) Order 1989 and Code

of Practice C issued thereunder I am obliged to inform you that you do not have to reply to this

letter but I must caution you that if you do not mention something which you later rely on in court,

it may harm your defence. If you do mention anything, it may be given in evidence.

You may wish to seek legal advice before responding to this letter and any such response should be

made by a person entitled to speak on behalf of your business.

Yours faithfully,

___________________________________________

Complaint Ref. No.:

58

FC17 Notification of Complainant of Outcome of Prosecution

NOTIFICATION TO COMPLAINANT OF OUTCOME OF PROSECUTION



Dear

Food Safety (NI) Order 1991 as amended

I refer to my previous letter to you of in connection with your

complaint made/referred* to this District Council on relating to

I wish to advise you that the case against

was heard on

at Magistrates‟ Court.

The outcome of the case was as follows:-

I would thank you for your assistance in this matter and if you require any further information


Yours faithfully,

___________________________________________


Complaint Ref. No.:

59

FC18 Notification to Vendor/Distributor/Manufacturer/Importer of Outcome of Prosecution

NOTIFICATION TO VENDOR/DISTRIBUTOR/MANUFACTURER/IMPORTER OF

OUTCOME OF PROSECUTION



Dear

Food Safety (NI) Order 1991 as amended

I refer to my previous letter to you of in connection with the

complaint made/referred* to this District Council on relating to

I wish to advise you that the case against

was heard on

at Magistrates‟ Court.

The outcome of the case was as follows:-

I would thank you for your assistance in this matter and if you require any further information


Yours faithfully,

___________________________________________


Complaint Ref. No.:

60

FC19 UK Sample Liaison Body Notification

Notification of Incident to Home Authority LACORS …… promoting quality regulation

Exchange of Information : Routine Food Matters

Please complete all parts of this form in capital letters or type

Directed to Info Only* EA Ref:

Country Action Requested LACORS Ref:

Name and Address of Enforcing Authority

Contact Officer: Tel:

Fax:

Full product description (to include product name, or brand name, identification codes):

Nature of complaint/request:

Date of Notification Photo Yes No

Names and addresses of Manufacturer, Packer, Retailer, Wholesaler (where appropriate)

61

Details of investigation by EA: Please include details of who has been contacted i.e. importer; any appropriate

UK Home Authority and include details of measures or action taken and outcome of enquiry.

Action to be requested of HA: Please specify comprehensively the nature of the information required.

Is the information intended to be used for prosecution?

Yes No Maybe Please tick as appropriate

If “maybe” please be aware of time delays due to the need to reconfirm information for prosecution purposes. In

relation to offences under UK Food legislation please detail any time bars.

Signed: Date sent:

Please forward this form when complete to FSA (NI), 10A –C Clarendon Road, BELFAST, BT1 3BG

62

APPENDIX 2

GUIDANCE ON MINOR OR UNJUSTIFIED COMPLAINTS

63

METAL

There are no tests which will confirm that a piece of metal has been heat treated in a food. A simple

test with a magnet will determine if it is ferrous of non-ferrous (note – stainless steel with > 13% Cr

will not respond to a magnet. If it has been in contact with the complainant‟s mouth in contact with

saliva and dried out the adhering food matter proves nothing.

Note the dimensions of the metal and check with the home authority/premises on metal detection

measures and/or missing bolts, screws etc. in machinery. On-going repairs or maintenance in the

premises when the product was produced is often a source.

Submit a metal sample if:-

it is a swarf – it may need chemical analysis to determine what type of metal it is

if there are clearly baked-on residues and you are not confident in presenting this kind of

evidence before a court yourself.

INSECTS

Insects are generally submitted to the public analyst for evidence of heat treatment. This is sought

by the absence of enzyme activity. But enzymes are also found in body fluids and can be destroyed

by contact with acidic media (e.g. soft drinks) or in long dead insects. These limitations should be

borne in mind when determining whether or not a specific investigation will assist.

Insects found singly and alive should generally not be pursued unless further infestation is

suspected.

STRUVITE

Magnesium ammonium phosphate found in canned fish – it is naturally occurring.

FISH WHICH GLOW IN THE DARK

Plankton or Pseudomonas spp. – not radioactivity.

IRRIDESCENCE ON SLICED COOKED MEAT

This is caused by a pattern of striated muscle fibres mimicking a diffraction grating leading to

refraction of light into a spectrum.

SCAMPI/SHELLFISH

„Fingernail‟ – Pieces of shell

„Plastic‟ – Antennae

„Hair‟ – Filamentous seaweed

64

Appendix 3

COMPLAINT TYPE COMPUTER CODES

CATEGORY:

F01 URGENT

F02 NON-URGENT

TYPE:

FC2 HYGIENE OF PREMISES COMPLAINT

FC3 FOOD STANDARDS COMPLAINT

65

Appendix 4

PRODUCT COMPUTER CODES

ADDITIVES M71

CEREALS & BAKERY PRODUCTS M72

BEVERAGES M73

CONFECTIONERY M74

DAIRY PRODUCTS M75

DRINKS

Wine M76

Alcoholic M77

Non-Alcoholic M78

EGG & EGG PRODUCTS M79 FISH & SHELLFISH M80

NUTRITIONAL PRODUCTS M81

FRUIT & VEGETABLES M82

HERBS & SPICES M83

ICES & DESSERTS M84

CONTACT MATERIALS M85

MEATS M86

NUTS M87

PREPARED DISHES M88

SOUPS & SAUCES M89

OILS & FATS M90

OTHER M91

66

Appendix 5

SOME FACTORS INFLUENCING PROSECTION DECISIONS

FOR PROSECUTION AGAINST PROSECUTION SCORE

1 Serious Incident Minor Incident

2 Major injury or Illness involved No injury or illness

3 Deliberate or Fraudulent Act Unforseeable/error or judgement

4 Inadequate safety or hygiene systems All reasonable steps taken

5 Multiple or frequent occurrence Single incident

6 Previous advice already given to Company No precise information given by Inspector

7 Company aware of risk involved Company could not have been aware of risk

8 Management/Supervisor responsible for incident Employee or supplier responsible for incident

9 No or inadequate written policy Detailed and adequate Company Policy

10 General standards subjectively poor General standards high

11 Poor record of safety/hygiene Satisfactory record

12 Previous prosecution for similar offence First offence

13 No remedial action taken Remedial action already taken

14 No specific remedy proposed by management Specific remedy already proposed

15 Management obstructive in investigation Management co-operative with investigation

16 Attempt made to cover up true facts Attitude open and honest

17 Large Company that should have known better Small firm of limited resources

18 Council image tarnished if no prosecution Prosecution seen as over zealous enforcement

19 Subject of reliable complaint Complainant unreliable or unwilling to give

evidence

20 Council has previously prosecuted other firms for

similar offence

Similar offences not previously prosecuted

21 Trade Union or other organisation have previously

brought problem to notice of management

Trade Union or other organisations, disinterested or

opposed to proceedings

22 Inspector noted problem on previous occasions Inspector overlooked problem on previous

occasions.

23 Inspector seen to be following up previous warning Previous warnings never followed up.

24 Prosecution will secure definite results eg.

protection of workforce

No obvious improvement in safety or hygiene will

result from prosecution.

25 Prosecution will resolve important legal issue. Prosecution will not clarify legal issues.

26 Prosecution will resolve responsibility within the

Company.

Person at fault already known.

27 Publicity of prosecution may improve hygiene or

safety at other premises.

Publicity unlikely to have any good results.

TOTAL SCORE

If the statements in column 1 are true Score –1

If the statements in column 2 are true Score +1

If neither statements are true, or not applicable Score NIL

A total minus score will favour a prosecution decision.

However, a prosecution must be justifiable by a logical argument including such reasons as:

a) the protection of employees or members of the public

b) to remedy deficiencies due to incompetent or irresponsible actions

c) to discourage a prevalent contravention

d) to resolve an important legal issue

e) to reassure a complainant or group of complainants where a particular contravention has caused serious

concern.

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