Food Safety (Eat
Safe Rating) (Jersey) Order 2017
1 Interpretation
In this Article –
“appeal” means an appeal against the allocation of a rating
under Article 5;
“certificate” means a certificate recording that the
food business named in the certificate has been allocated the rating indicated
in the certificate on the date there indicated;
“Eat Safe rating” and “rating” have the
meaning assigned by Article 2(1);
“Eat safe sticker” means a sticker displaying the Eat
Safe rating allocated to a food business;
“food hygiene requirements” means the requirements in
respect of food hygiene that apply to food businesses under the Law and the Food Hygiene (General Provisions) (Jersey)
Order 1967;
“Law” means the Food Safety (Jersey) Law 1966;
“notification” means a notification under Article 2(2);
“operator” means the person in charge of a food
business;
“remote-ordering food business” means a food business
that enables a person to order and receive food without visiting the food
premises, whether or not food may also be picked up from, or consumed on, the
premises;
“re-rating” has the meaning assigned by Article 4;
“valid Eat Safe sticker” means an Eat Safe sticker that
reflects the Eat Safe rating of the food business in respect of which it is
issued that has not ceased to be valid under Article 3.
2 Allocation
and notification of Eat Safe rating
(1) Paragraph (2)
applies where an authorized officer has inspected food premises under Article 41
of the Law and allocated an Eat Safe rating to the food business to which those
premises relate based on the food hygiene requirements and any further criteria
published by the Minister as applicable to the allocation of Eat Safe ratings.
(2) Within 14 days of
that inspection the Minister must send to the operator of the food
business –
(a) a
written notification of the Eat Safe rating allocated to that business;
(b) if
the rating is a lower rating than that most recently allocated or if this is
the first time the food business has been assessed while the current operator
is in charge of it, written reasons for the rating;
(c) an
Eat Safe sticker and certificate, if this is the first time the food business
has been assessed while the current operator is in charge of it or the
allocated Eat Safe rating has changed since the last inspection;
(d) the
right of the operator to request a re-rating and his or her right to appeal;
and
(e) such
additional information as the Minister considers appropriate.
(3) Eat Safe stickers and
certificates remain the property of the Minister.
3 Validity
of Eat Safe rating
An Eat Safe rating (the “existing rating”) ceases to be
valid in the following cases –
(a) when the operator of
the food business to which the existing rating applied receives notification of
a new Eat Safe rating and, if that new rating is different from the existing
rating –
(i) the
period of 21 days for an appeal has expired, or
(ii) if an
appeal has been made, it has been determined with the result being the
allocation of a rating different from the existing rating and the operator of
the food business has been notified of the result of the appeal; or
(b) when there has been a
transfer of ownership of the food business or it has ceased to trade.
4 Request
for re-rating
(1) Where the operator of a
food business considers that sufficient improvements have been made to the food
premises relating to that business or the practices of the business to justify
a change in the Eat Safe rating allocated to that business he or she may write
to the Minister requesting a further inspection of the premises by an
authorized officer and a re-rating of the business.
(2) However, no request
under this Article may be entertained –
(a) unless
not less than 3 months have passed since the last inspection;
(b) while
an appeal is pending; or
(c) if
the operator has failed to supply details of the improvements made, including
any evidence in support.
(3) Where the Minister
receives a request for re-rating in accordance with this Article, the Minister
must within 1 month of receiving that request –
(a) instruct
an authorized officer to inspect the food premises within 3 months of that
receipt and re-rate them; or
(b) notify
the operator that his or her request for re-rating is refused and the reasons
for that decision.
(4) Where so instructed by
the Minister under paragraph (3)(a), an authorized officer must carry out
a further inspection of the food premises, allocate an Eat Safe rating and
notify the operator of the food business to which the premises relate in
accordance with Article 2.
(5) For clarity, nothing in
this Article affects the validity of an Eat Safe rating unless a different Eat
Safe rating is allocated to the businesses concerned and the operator has
received a notification.
5 Appeals
(1) The operator of a food
business may appeal against an Eat Safe rating within 21 days of receipt
of the notification in the manner and form specified by the Minister.
(2) The appeal may be made
on either or both of the following grounds –
(a) that
the rating does not properly reflect the food hygiene standards of the food premises
at the time of the inspection;
(b) that
the rating criteria were not applied correctly.
(3) Following receipt of
the appeal the Minister may cause a further inspection of the food premises by
a different authorized officer.
(4) The Minister must determine
the appeal by deciding the appropriate Eat Safe rating to be allocated to the
food business and within 14 days give to the operator who has made the
appeal written reasons for his or her decision.
(5) If the Minister decides
on appeal to allocate a different Eat Safe rating to the food business, the
Minister must within 14 days of that decision send to the
operator –
(a) written
notification of the revised Eat Safe rating;
(b) a new
Eat Safe sticker and certificate;
(c) the
right of the operator to request a re-rating under Article 4; and
(d) such
additional information as the Minister considers appropriate.
(6) Without limiting any
other rights a person may have to bring proceedings in any court, the
Minister’s decision on the appeal is final.
6 Requirement
to display Eat Safe sticker
(1) Where Article 2(2)
applies the operator must display the East Safe sticker sent to the operator
under that paragraph in accordance with this Article.
(2) However, the
requirement set out in paragraph (1) does not apply until –
(a) the
period of 21 days for an appeal against the new Eat Safe rating has
expired; or
(b) if an
appeal has been made, it has been determined and the operator of the food
business has been notified of the result of the appeal.
(3) The operator must
ensure that a valid Eat Safe sticker relating to the food business is displayed
at or near all entrances of the food premises to which it relates and to which
the public are intended to have access, or if the public do not have access to
those premises, in a conspicuous place at the premises where it can be readily
seen and easily read by any potential customer of the business when it is open
for business.
(4) If the operator is
required to display a valid Eat Safe sticker under this Article at or near an
entrance where other food businesses are required to display such a sticker,
the operator must identify the food business to which the sticker he or she is
required to display relates.
(5) If the food business
operates from a van or other place that is mobile or temporary, the operator
must display a valid Eat Safe sticker on that van or other place where it can
be easily seen by any potential customer of the business.
(6) The Eat Safe sticker
ceases to be valid when the Eat Safe rating allocated to the food business
ceases to be valid and such a sticker must be removed and returned to the
Minister unless an authorized officer directs otherwise.
(7) For clarity, the
display of a certificate is optional.
(8) The Minister must
supply such Eat Safe stickers as an operator needs in order to comply with this
Article, and where an operator has requested the supply of further Eat Safe
stickers to meet the requirements, the operator is treated as having complied
with this Article, to the extent that those stickers would enable him to comply
with it, until the stickers are received.
7 Requests
for information about Eat Safe rating
(1) The operator must
ensure that every employee in relation to the food business who is likely to
come into contact with a member of the public in the course of that employment
is aware of the Eat Safe rating allocated to that business.
(2) The operator and any
employee mentioned in paragraph (1) who is asked by any person, whether in
person or by any other means of communication, what is the Eat Safe rating of
the food business, must comply with that request, and if that request is made
orally the reply must be given orally at the time of the request.
8 Promotion of Eat Safe
rating
(1) Paragraph (2)
applies where –
(a) a
food business has a website; or
(b) a
customer of a remote-ordering food business is able to order food from that
business via its promotional material, whether in print form or online, without
the need to visit its website,
and the operator of the business has not elected to comply with
paragraph (3).
(2) Where this paragraph
applies the operator of the food business must include on its website or, in
the circumstances mentioned in paragraph (1)(b), on its promotional
material, a statement inviting the reader –
(a) to visit
the official States of Jersey website that will enable him or her to find out
the Eat Safe rating for that business, including the address of that website;
or
(b) to
phone the business to ask for the Eat Safe rating, supplying a telephone number
for the business.
(3) If the operator of a
food business elects to display the Eat Safe rating allocated to that business
on any of its promotional material, whether in print form or online, the
operator must –
(a) display
the rating that is valid;
(b) ensure
that the rating appears in a conspicuous place on the promotional material so
that it is easily seen by readers;
(c) if
the promotional material relates to more than one food business or premises,
display the rating so that it is clear to which business or premises it
relates; and
(d) comply
with any other requirement specified for the purposes of the Eat Safe scheme
and published by the Minister.
(4) Where a third party
makes available to the public any promotional material relating to a
remote-ordering food business, whether in print form or online, the third party
must comply with paragraph (1) as if the third party was the operator of
the business.
9 Offences
A person who, without reasonable excuse –
(a) fails to display a
valid Eat Safe sticker in accordance with Article 6;
(b) displays an Eat Safe
sticker or something that is capable of being recognized by a member of the
public as being an Eat Safe sticker but which is not a valid Eat Safe sticker;
(c) displays an Eat Safe
sticker that has been tampered with in such a way as to make it misleading to
the public;
(d) except as authorized by
or on behalf of the Minister, intentionally alters, defaces, destroys, tampers
with or fails to retain an Eat Safe sticker or gives an Eat Safe sticker away
to any person other than an authorized officer;
(e) being an operator,
fails to comply with Article 7(2) or gives false or misleading information
in response to a request under that Article, whether personally or where the
failing to comply or giving of false information is done by an employee;
(f) fails to comply
with Article 8,
is guilty of an offence and liable to a fine of level 2 on the
standard scale.
10 Citation
This Order may be cited as the Food Safety (Eat Safe Rating)
(Jersey) Order 2017.