What powers does an Environmental Health Officer have?
Environmental Health Officers (EHOs) have several powers to ensure food businesses comply with safety regulations. They can enter your premises during operating hours without prior notice, investigate complaints, take samples, seize items, take photos, and even question staff. These powers help them enforce food safety laws effectively.
Common misunderstanding: EHOs can arrest people.
EHOs do not have the power to arrest anyone. Their role is to enforce food safety and public health regulations, not to make arrests.
Common misunderstanding: EHOs need to schedule an appointment before visiting.
EHOs can perform unannounced visits during your business's operating hours. They do not need to inform you beforehand unless your business operates from your home, in which case they should provide at least 24 hours' notice.
Can an EHO take samples and photos during a visit?
Yes, an EHO can take samples of food, surfaces, and other materials during their visit to your business. They can also take photographs as part of their inspection. These actions are usually taken to gather evidence of compliance or non-compliance with food safety regulations.
Common misunderstanding: Samples and photos are only taken for major violations.
EHOs can decide to take samples and photos for any reason during their inspection, not only in cases of severe violations. They might do this as routine evidence collection or if they suspect minor infractions.
Common misunderstanding: Businesses can refuse to allow EHOs to take samples or photos.
Businesses must comply with EHOs when they exercise their powers to take samples or photos. Refusing can result in further legal action and is itself a violation of food safety laws.
Can EHOs seize food, equipment, or paperwork?
EHOs have the authority to seize any food, equipment, or paperwork that they believe does not comply with food safety laws. This can include food that is unfit for consumption, faulty equipment, or incomplete or inaccurate records.
Common misunderstanding: Seized items are always disposed of.
Not all seized items are disposed of. Some might be held temporarily for investigation or as evidence. The fate of these items depends on the outcomes of the investigation or legal proceedings.
Common misunderstanding: EHOs seize items as a first resort.
Seizure is typically a last resort. EHOs often prefer to work with businesses to address issues through advice and guidance first. Seizure usually occurs when there is an immediate risk to public health or repeated non-compliance.