Food sampling policy

Issue 3
Date:

March 2003

Issued By:

Sarah Lawson, Principal EHO

Authorised By:

Les Netherton, Head of ERS

It is the duty of every Food Authority to prepare and publish a Food Sampling Policy, as required in the Food Standards Agency’s Food Safety Act 1990 Code of Practice 7: Sampling for Analysis or Examination.

This policy sets out Plymouth City Council’s general approach to food sampling, and the approach it will take in certain specific situations. The policy has been drawn up in consultation with the Public Analysts and Food Examiners, Plymouth Consumer Association and local business groups. The policy is published on the City Council’s website, and has been circulated to all food businesses with which the Council has a Home Authority relationship. A copy of the policy will be forwarded to all that request it. The policy will be reviewed at least annually.

General approach to food sampling

Plymouth City Council recognises that food sampling plays an important part in the protection of public health, and contributes towards the food law enforcement functions of the Authority. These functions aim to ensure the provision of food and drink intended for human consumption that is safe, of the correct quality and composition, and is correctly labelled and described. As such, the Authority will maintain an active food sampling programme for compositional and microbiological purposes. Such a programme will be set in February each year, following consultation with the appointed Public Analysts and Food Examiners. An annual budget will be provided to fulfil this programme, and currently that budget is £25,000. The food sampling function of the Authority will be managed by the Principal EHO (Food), with reference to the Assistant Head of Environmental Regulation (Commercial).

Food sampling will be prioritised to concentrate upon foods that are produced and manufactured within the city. The programme will also take account of the number, type and risk ratings of food businesses within the city, along with any published national or regional sampling programme. Wherever possible and appropriate, sampling will include foods that form a substantial part of the diet of disadvantaged and vulnerable members of society, in accordance with the Council’s anti-poverty strategy.

Sampling for food safety and standards purposes will be integrated wherever possible. The majority of samples taken will be informal in nature, for the purpose of monitoring, surveillance and intelligence gathering. Formal samples will be taken where enforcement action is anticipated, and these samples will be taken in full compliance with Food Safety Act 1990 Code of Practice 7. Where food sampling fulfils a role in the enforcement of food legislation, it will be undertaken in accordance with the Authority’s enforcement policy, and the principles of the Enforcement Concordat, to ensure equity and transparency.

In most cases, food samples will be purchased. Where a sample is taken, as opposed to purchased, a receipt will always be issued to the owner of the food. Every effort will be made to avoid imposing an unreasonable financial burden on food businesses as a result of the Authority’s food sampling activities.

All food samples will be taken by suitably trained, qualified and experienced authorised officers of the Authority. Officers will take samples in accordance with the Authority’s written procedures.

Sampling in specific situations

Routine sampling

Routine sampling will take place to monitor the quality and safety of foods manufactured, distributed and retailed in the city. All routine samples will be purchased anonymously by an authorised officer, and will be analysed or examined in an informal manner by the appointed Public Analyst or Food Examiner.  

Informal sampling

The majority of samples taken for compositional and microbiological purposes will be informal, and form part of the monitoring, surveillance and intelligence gathering programme. Samples of food that are the subject of a consumer complaint and are brought to the Department are also classed as informal, as are food samples submitted for expert opinion, pest identification, and those taken as evidence in their own right eg use by dates.

Formal sampling

Formal samples will be purchased or taken in accordance with the Food Safety Act 1990 Code of Practice 7, by suitably trained, qualified and experienced authorised officers. They will be examined or analysed by the appointed Food Examiner or Public Analyst, and an official certificate will be issued to the Authority and copied to the food business as necessary. Formal samples will be taken where formal enforcement action may result if an adverse report is received following examination or analysis.

Process monitoring

Samples may be taken from manufacturers of foods, during the manufacturing process, for the purpose of ensuring the safety and quality of the end product, and for assessing the effectiveness of the critical controls in the process. The manufacturer will be notified of the result of any such sample analysis or examination.

Home authority principle

In support of the LACORS Home Authority Principle, sampling will be focused on those food businesses for which the City Council has home or originating authority responsibility. Where sampling identifies a problem with a food manufactured outside the city, the relevant home or originating authority will be notified, and a copy of the certificate of analysis or examination forwarded to them.

Routine inspections

For the most part, sampling will not form part of a routine inspection of a food business. It may take place if, during the inspection, the authorised officer identifies a particular problem that needs further investigation. It may also take place during an inspection for process monitoring purposes.

Complaints

On receipt of a food complaint, the food may be submitted for analysis, examination, or for expert identification, if this is deemed necessary for the suitable investigation of the complaint.

Food borne disease investigations

Where a particular premise or food produced in the city is implicated with a case or cases of food borne disease, food samples shall be taken and submitted for examination, for the purpose of identifying any likely source of infection, and controlling any risk to public health. These samples are likely to be formally taken and examined. In the event of an outbreak of food-borne disease, relevant samples will be identified in full consultation with the Consultant in Communicable Disease Control.

Statutory sampling

Food samples will be taken and submitted wherever the City Council has a statutory duty to do so. The sampling of shellfish and water quality in commercial shellfish production areas will be maintained, for the purpose of maintaining the necessary EU classifications for those areas.

Special investigations

Food samples may be taken and submitted as part of a special investigation, eg in response to a food hazard warning, or to other intelligence received about potential food safety and quality issues.

Co-ordinated programmes

The City Council will participate fully in EU, national and locally co-ordinated sampling programmes. In particular, the City Council will participate in the Joint LACORS/HPA sampling surveys, and will submit the number of samples allocated at the Devon Food Group.The Authority recognises the merit of co-ordinated sampling, and the pooling of resources and results, and will actively encourage this way of working.

Analysts and food examiners

The City Council will submit all food samples to suitably qualified and appointed analysts and examiners, from the list of approved food control laboratories under EC Council Directive 93/99/EEC. The City Council will enter into service level agreements with each appointed laboratory, in order to achieve its food sampling aims and objectives, and to provide best value in doing so. The service level agreements will be reviewed annually. They will specify how samples are to be submitted, the information to accompany all samples, and the means by which and timescales for the communication of results, including the means by which results which indicate a significant risk to public health can be notified without delay. The Authority recognises that liaison with the appointed laboratories is essential for all parties and will liase as fully as possible over both planned and reactive sampling.

Appointed public analysts

The City Councils appointed public analysts are:

Mr G Stephenson and Mr C Heide
Somerset Scientific Services
County Laboratory
County Hall
Taunton
TA1 4DY

Mr B Reynolds and Mr D Tomkins
Tickle and Reynolds
Public Analysts Laboratory
83 Heavitree Road
Exeter
EX1 2 ND

Appointed food examiners

In addition to the laboratories above, the City Councils appointed food examiners are:

Mr A Elliott, Mr S Nobbs, Mr R Quayle, and Mr R Griffiths
Food, Water and Environmental Laboratory
Department of Microbiology
Plymouth Hospitals NHS Trust
Derriford Hospital
Derriford Road
Plymouth
PL6 8DH

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