Food Sampling Policy

Whilst there is a statutory duty by virtue of Regulation (EC) No 2073/2005 for food businesses to undertake a certain amount of their own sampling work, the Councils recognises that food sampling plays an important role in the protection of public health. It contributes towards its food law enforcement function in helping to ensure that food and drink intended for human consumption is safe. The Councils also recognise that the implementation of its policy by the sampling programme provides benefit and assurance to local businesses about the quality of food they produce.

Food sampling assists in fulfilling the objectives set out in the Council's Food Safety Service Plan. It also assists the Council's corporate aims of 'Creating the conditions for the growth and maintenance of quality economic activity'. The Council will therefore commit the necessary resources to food sampling work as part of its larger food safety function.

The routine food sampling programme will take account of the number, type and risk ratings of food businesses within the area, the Council's 'Primary Authority' responsibilities to certain businesses as necessary and the need to ensure that food laws are enforced. The programme will therefore focus on foods which are produced/manufactured within the South Hams and West

Devon areas and those posing a greater risk to the consumer's health. Whenever possible the programme will be scheduled to work in collaboration with any national or local sampling initiatives. The programme will also take account of the sampling of food from:

• a) premises where there are, or have been recent hygiene concerns, previous complaints and food poisoning incidents;
• b) those premises importing/exporting food for which the Council has a statutory responsibility,
• c) those businesses working in collaboration with the Council with a view to improving standards.
• d) shellfish harvesting areas for the purposes of classification and algal toxin monitoring programmes. This is in conjunction with CEFAS (Centre for Environment, Fisheries and Aquaculture Science) and the FSA in order to fulfil the Council's statutory programme.

Food sampling will be undertaken in accordance with the Council's adopted procedures and Food Standards Agency's Code of Practice and Practice Guidance and the Food Safety (Sampling and Qualifications) Regulations 1990. Where sampling fulfils a role in the enforcement of food legislation, it will be undertaken in accordance with the Council's enforcement policy.

The Council accepts that sampling should not place an unnecessary burden on a business and therefore in most cases the sample will be purchased and receipts will normally be issued to the owner of the food. Results of examination/analysis will be made known to the owner of the food without undue delay together with any advice/follow-up action.

All food samples will be taken by authorised officers of the Council being suitably trained, experienced and qualified in accordance with the Council's documented procedures.