What is a Hygiene Emergency Prohibition Notice?
A Hygiene Emergency Prohibition Notice is a legal notice issued by an Environmental Health Officer (EHO) when there is a serious risk to public health due to conditions in a food business. This notice can immediately stop the operation of the entire premises, part of the premises, a specific activity, or the use of certain equipment.
Common misunderstanding: A Hygiene Emergency Prohibition Notice is just a warning.
This notice is not just a warning; it is a serious action that halts operations to prevent health risks. It is legally binding and must be complied with immediately.
Common misunderstanding: Any food safety issue can trigger this notice.
Only severe health hazards that pose an imminent risk to public health, like a major pest infestation or catastrophic hygiene failures, can justify this notice. Minor issues typically result in different types of enforcement actions.
When can an EHO shut down a food business?
An EHO can shut down a food business if they find conditions that pose a serious and immediate risk to public health. This can be done by issuing a Hygiene Emergency Prohibition Notice. Situations might include severe pest infestations, significant risks of food contamination, or extremely poor sanitary conditions.
Common misunderstanding: EHOs need prior approval to shut down a business.
EHOs do not need prior approval to issue a Hygiene Emergency Prohibition Notice. They have the authority to act immediately if they believe the public's health is at risk.
Common misunderstanding: EHOs can shut down a business for any minor infraction.
EHOs focus on serious health risks. Minor infractions are usually managed through improvement notices or advice, not closure.
What must happen before a business can reopen after a prohibition notice?
Before a food business can reopen after receiving a Hygiene Emergency Prohibition Notice, the issues outlined in the notice must be fully addressed and rectified. The EHO must then re-inspect the premises and be satisfied that all health risks have been mitigated and compliance with food safety laws is achieved. Only then can the prohibition be lifted, allowing the business to resume operations.
Common misunderstanding: A business can reopen as soon as repairs are made.
Repairs or corrections alone aren't enough. The EHO must re-inspect and officially lift the prohibition notice before the business can reopen.
Common misunderstanding: Any EHO can lift the prohibition notice once the issues are fixed.
Only the EHO who issued the notice or their direct representative has the authority to reassess and decide if the business can reopen, ensuring consistency and safety.