Food Hygiene
Enforcement (Scotland) Module 3
Detention and seizure ABC Food Safety Online
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Aim
This module seeks to provide delegates with an overview of food detention and seizure
procedures.
Objectives
On completion of this module, delegates will be able to:
• Recognise the legal framework for the use of food detention and seizure powers.
• Appreciate the appropriate use of these powers
Module Description
Section Title Estimated time for completion*
1 Introduction 20 minutes
2 Detention of food 45 minutes
3 Seizure of food 45 minutes
Quiz 10 minutes
Total 2 Hours
* Please note that this figure is provided to help plan your training. The actual time
spent on each section may vary depending on your prior knowledge of the topic
area.
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for further information and make notes in this handbook where appropriate. It is
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“library” button to view links to legislation, codes of practice etc.
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Where a suitably authorised officer of a food authority suspects that food may be
contaminated or illegally imported he/she may decide to detain the food pending further
investigation. The detention process may be undertaken on a formal or informal basis at the
officers discretion and the food may be detained where it was found or at a place specified by
the officer in the notice. Once a food has been detained it should not be moved until the
detention has been lifted by the officer.
Should an authorised officer become satisfied that a food is
contaminated or has been illegally imported, he/she may seize
the food and arrange for it to be suitably disposed of.
It is important that decisions relating to the detention and/or
seizure of food are evidence based and take into account the
potential risk to public health of the food remaining in the food
chain. Wherever possible, full details of the actions taken
together with any relevant supporting evidence should be
retained by the food authority.
This module will consider the legal framework for the detention and seizure of food and will
provide the reader with some guidance and advice on the appropriate use of these powers.
The module will focus on both hygiene and imported food law and so will not consider the
use of detention and seizure powers for food standards and animal feed purposes.
Question 1
Under what circumstances would the voluntary detention of food by an authorised officer be
appropriate?
With respect to the detention and seizure of food there are three main areas of law to
consider:
General food law
Food hygiene law
Imported food law
Question 2
Where is the term "unsafe food" defined
With respect to the detention and seizure of food there are three main areas of law to
Where is the term "unsafe food" defined?
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With respect to the detention and seizure of food there are three main areas of law to
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Provision for the detention of food by authorised officers are provided by:
The Food Safety Act
The Food Hygiene Regulations
The Products of Animal Origin (Third country Import) Regulations
The Official Feed and Food Regulations
Question 3
Which detention of food provision may only be used in establishments subject to approval?
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Provision for the seizure of food by authorised officers are provided by:
The Food Safety Act
The Products of Animal Origin (Third country Import) Regulations
The Official Feed and Food Regulations
Question 4
Which food seizure notice may be used for illegally imported products of animal origin from third
countries?
Click here for the answer
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Detention of food
This section will consider the detention of food by authorised officers using the provisions of
the Food Safety Act, Products of Animal Origin (Third Country Import) Regulations and the
Official Feed and Food Control Regulations.
Question 5
Which notice may be used to detain food not of animal origin imported from a third country which is
suspected to fail the requirements of food law?
The Food Safety Act 1990
Section 9 of the Food Safety Act 1990 permits a suitably authorised officer to detain food
where he/she suspects that the food fails food safety requirements. The officer should at this
stage carefully consider the available evidence and decide whether informal or voluntary
detention of the food would be appropriate.
Where, in the opinion of the officer, formal detention is necessary, he/she should serve a
detention of food notice on the person in charge of the food. This notice is a prescribed form
and permits the officer to specify the location where the detained food may be held until the
notice is lifted.
The officer should consider the following:
The details of the food
The location of any detention
The security of detained food
The nature of any investigation
Once served, the food may be detained for a maximum period of 21 days during which time
the officer should take whatever steps are necessary to determine whether the food fails food
safety requirements. Where such evidence is obtained and the officer is satisfied that the food
fails food safety requirements, the food should be destroyed by either informal or formal
means.
Should the officer consider that the food satisfies the food safety requirement, the detention
should be lifted in writing and the owner of the food provided with suitable compensation.
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Question 6
Who is permitted to sign a section 9 detention of food notice?
Regulation 9 of the Food Hygiene (Scotland) Regulations 2006 states that:
“(5) An authorised officer of an enforcement authority may, at an establishment subject to
approval under Article 4(2) of Regulation 853/2004, by a notice served on the relevant food
business operator or his duly authorised representative (in this regulation referred to as a
"detention notice") require the detention of any animal or food for the purposes of
examination (including the taking of samples).”
Regulation 9 (5)
Unlike the section 9 Food Safety Act detention notice, there is no prescribed form, there is no
maximum time period for the detention specified in the regulations and there is no mandatory
compensation payable to the owner of the food should the detention be lifted. There is also no
provision for the recipient of the notice to appeal against the decision to serve it.
Once the detention notice is no longer necessary, it should be lifted in writing by the
authorised officer.
Question 7
Who is permitted to sign a Regulation 9 Food Hygiene (Scotland) Regulations 2006 notice?
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The detention of products of animal origin (POAO) which have been imported from third
countries is provided for by Regulation 8(2) of the Products of Animal Origin (Third Country
Imports)(Scotland) Regulations 2007 (POAO (TCI) Regulations).
This permits an authorised officer to detain POAO at a place specified in the notice for an
indefinite time period. The notice may be used by officers working for inland local
authorities where they suspect that a POAO from a third country has been illegally imported
or presents a potential danger to health.
The notice should be served on the person who appears to be in charge of the product in
question and once no longer required must be lifted in writing.
Question 8
Who is permitted to sign a Regulation 8(2)POAO (TCI) Regulations notice?
Regulation 32 of the Official Feed and Food Control (Scotland) Regulations 2009 (OFFC
Regulations) permits an authorised officer to serve a notice requiring the detention of a food
not of animal origin (FNAO) which has been imported from a third country which the officer
suspects does not meet the import conditions.
The Regulation 32 notice should be served on the Food Business Operator and may require
the detention of the food at a place specified in the notice for an unspecified period.
Once served, the food business operator may appeal against the decision to serve the
detention notice.
Question 9
Who is permitted to sign a Regulation 32 OFFC notice?
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Seizure of food
This section will consider the seizure of food by authorised officers using the provisions of
the:
Food Safety Act
Products of Animal Origin (Third Country Import) Regulations and the;
Official Feed and Food Control Regulations.
Question 10
Which legislation can be used to seize foods not of animal origin which have been illegally imported
from a third country?
Section 9 of the Food Safety Act 1990 permits an authorised officer to seize food where
he/she is satisfied that the food fails to meet food safety requirements. Where the
officer decides that such formal action is appropriate, he/she should serve a notice of seizure
on the person in charge of the food, take possession of the food and place it in front of the
Sheriff, normally within 2 days of seizure.
Before approaching a Sheriff to condemn a food which has been seized, the authorised officer
must serve a Food Condemnation Warning notice on any person who might be liable for a
prosecution with respect to the condition of the food in question.
The Sheriff, on application by an authorised officer for the condemnation of a food
shall order the food to be destroyed or to be so disposed of as to prevent it from being used
for human consumption if it appears, on the basis of such evidence as he considers
appropriate in the circumstances, that the food fails to comply with food safety requirements.
Once a food has been condemned by a Sheriff, the authorised officer should arrange for its
appropriate disposal.
Question 11
Who is authorised to seize food using section 9 of the Food Safety Act 1990.
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The Products of Animal Origin (Third Country Import) (Scotland) Regulations 2007 (POAO
(TCI) Regulations) provide for the seizure of Products of Animal Origin from a third country
which have been illegally imported or are considered to be dangerous to health.
Illegally imported POAO
POAO may only be imported into the EU from approved third countries and on importation
these products are subject to veterinary checks by authorised officers working at designated
ports of entry or Border Inspection Posts (BIPS). When presented at a BIP, the POAO from a
third country must be accompanied by a health certificate and on successful completion of
veterinary checks a Common Veterinary Entry Document (CVED) is issued.
Where a POAO which has not been imported in accordance with the above requirements is
found in the UK, an authorised officer can serve a Regulation 24(2) notice requiring that the
food be destroyed or in certain exceptional circumstances returned to the country of origin.
Once a Regulation 24(2) notice has been served, the officer must take possession of the
POAO and arrange for its disposal, there is no requirement for a Sheriff to condemn the food,
there is no appeal against the notice and there is no provision for compensation to be paid to
the owner of the food. All of the costs of disposal may be reclaimed from the owner of the
food.
Imported POAO which is dangerous to health
Where a POAO is found in the UK which is considered by an authorised officer to be
dangerous to health, the officer may serve a Regulation 25 notice requiring the destruction of
the food. As with the 24(2) notice: there is no requirement for a Sheriff to condemn the food,
there is no appeal against the notice and there is no provision for compensation to be paid to
the owner of the food. All of the costs of disposal may be reclaimed from the owner of the
food.
Question 12
Which notice may be used to seize POAO from a third country that has not been subjected to the
necessary veterinary checks?
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Regulation 32 of the Official Feed and Food Control (Scotland) Regulations 2009 permits an
authorised officer of a food authority to serve a notice on a food business operator in
accordance with Article 19 of Regulation (EC) 882/2004 with respect to non-compliant or
illegally imported food not of animal origin from third countries.
Prior to service of the notice, the officer must consult with the food business operator and
decide which of the permitted specified outcomes for the food would be appropriate in the
circumstances:
Order that such feed or food be destroyed or;
Subjected to a special treatment or;
Re-dispatched outside the Community or;
Other appropriate measures such as the use of feed or food for purposes other than those for
which they were originally intended.
Also, if the food has already been placed on the market, monitor or, if necessary, order its
recall or withdrawal before taking one of the measures referred to above.
Question 13
Who should an authorised officer consult with prior to the service of a Regulation 32 OFFC notice?
Your notes: