Food Hygiene Rating (Wales) Act 2013

2 Programme of food hygiene inspections E+W

(1) A food authority must prepare, and keep under review, a programme which sets out—

(a) whether a food business establishment in its area must be inspected, and

(b) if an inspection is required, the frequency of inspections.

(2) A food authority must inspect food business establishments in its area in accordance with the programme.

(3) When preparing and reviewing the programme a food authority must have regard to matters specified by the FSA and approved by the Welsh Ministers.

(4) The matters specified by the FSA must include an assessment of the levels of risk to public health—

(a) associated with the type of food handled by an establishment,

(b) associated with the method of handling the food, and

(c) arising from the record of compliance with food hygiene law at the establishment.

(5) In this Act—

• a “food authority” (“awdurdod bwyd”) means the county council or county borough council of the area in Wales in which the establishment is located (or a port health authority in the circumstances prescribed by section 5(3) of the Food Safety Act 1990);

• a “food business establishment” (“sefydliad busnes bwyd”) is any unit of a business registered with a food authority by virtue of Article 6 of Regulation (EC) No 852/2004 or approved by a food authority under Article 4 of Regulation (EC) No 853/2004 (or registered or approved under equivalent alternative provisions for registering or approving food business establishments), which—

  (a)

  supplies food direct to consumers, or

  (b)

  supplies food to another business;

• an “operator” (“gweithredwr”) of a food business establishment means a person concerned with the management of the establishment.

(6) The Welsh Ministers may by regulations—

(a) amend the definition of a food business establishment, including to expand the category of establishment that may be inspected;

(b) amend the definition of a food authority (for example, to include other bodies).

Commencement Information

I1 S. 2(1)-(4)(6) in force at 28.11.2013 by S.I. 2013/2617, art. 3(b)

I2 S. 2(5) in force for specified purposes at 28.11.2013 by S.I. 2013/2617, art. 3(b)

I3 S. 2(5) in force in so far as not already in force at 28.11.2014 by S.I. 2014/3089, art. 2