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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User Hints

To complete this module, simply read through the on-screen text, click on the links

for further information and make notes in this handbook where appropriate. It is

recommended that you place these notes in a ring-binder and print out any

additional notes from the course as required.

Remember to click on “next page” to progress through the course whenever it

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and then click on the bookmark when you are ready to return to the course.

If you would like to undertake some further reading on this topic, click on the

“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: