Making it easier to appeal

Making it easier for Businesses to Appeal

FSA Commitments regarding the Focus on Enforcement Small Food Manufacturers’ Review

As you may be aware, following recommendations from the Government’s Focus on Enforcement Small Food Manufacturers’ Review and the requirements of the Reducing Regulation Committee (RRC), the FSA has been considering current business appeal provisions.

This article is to inform you that the FSA has developed a new web page which brings together current advice for business on:

• what to expect from local authority (LA) inspections
• how to determine if advice or requirements are reasonable, including sources of information such as Industry Guides and links to Trade Associations
• the role of Primary Authority Partnerships in providing advice for business
• where appropriate, how to challenge/appeal LA advice or decisions through the normal LA procedures and existing appeal mechanisms (including appeal against statutory notice, Food Hygiene Rating Scheme ratings and the use of Primary Authority Partnerships where relevant)

The FSA has also set up an independent appeals panel similar to the arrangements operated by the HSE. The FSA Independent Business Appeals Panel (the panel) will now be able to consider disputes regarding advice of a technical nature where local authority complaints procedures have been exhausted but which have not resulted in agreement. The panel will not consider FHRS ratings or formal enforcement actions as these are already covered by existing appeals mechanisms.

Further information is available on the Food Standards Agency website.