Food Safety (Eat
Safe Rating) (Jersey) Order 2017
Made 30th October 2017
Coming into force in accordance with
THE MINISTER FOR THE ENVIRONMENT, in pursuance of Articles 17 and 58 of
the Food Safety (Jersey) Law 1966, orders as follows –
In this Article –
“appeal” means an
appeal against the allocation of a rating under Article 5;
a certificate recording that the food business named in the certificate has
been allocated the rating indicated in the certificate on the date there
“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;
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
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.
14 days of that inspection the Minister must send to the operator of the
food business –
written notification of the Eat Safe rating allocated to that business;
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;
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;
right of the operator to request a re-rating and his or her right to appeal; and
additional information as the Minister considers appropriate.
Safe stickers and certificates remain the property of the Minister.
of Eat Safe rating
An Eat Safe rating (the “existing rating”) ceases to be
valid in the following cases –
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 –
period of 21 days for an appeal has expired, or
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
there has been a transfer of ownership of the food business or it has ceased to
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.
no request under this Article may be entertained –
not less than 3 months have passed since the last inspection;
an appeal is pending; or
(c) if the
operator has failed to supply details of the improvements made, including any
evidence in support.
the Minister receives a request for re-rating in accordance with this Article,
the Minister must within 1 month of receiving that request –
an authorized officer to inspect the food premises within 3 months of that
receipt and re-rate them; or
the operator that his or her request for re-rating is refused and the reasons
for that decision.
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.
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.
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.
appeal may be made on either or both of the following grounds –
the rating does not properly reflect the food hygiene standards of the food
premises at the time of the inspection;
the rating criteria were not applied correctly.
receipt of the appeal the Minister may cause a further inspection of the food premises
by a different authorized officer.
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.
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 –
notification of the revised Eat Safe rating;
new Eat Safe sticker and certificate;
right of the operator to request a re-rating under Article 4; and
additional information as the Minister considers appropriate.
limiting any other rights a person may have to bring proceedings in any court,
the Minister’s decision on the appeal is final.
to display Eat Safe sticker
Article 2(2) applies the operator must display the East Safe sticker sent
to the operator under that paragraph in accordance with this Article.
the requirement set out in paragraph (1) does not apply until –
period of 21 days for an appeal against the new Eat Safe rating has
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.
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.
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.
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
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.
clarity, the display of a certificate is optional.
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.
for information about Eat Safe rating
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.
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
of Eat Safe rating
(1) Paragraph (2)
applies where –
food business has a website; or
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).
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;
(b) to phone
the business to ask for the Eat Safe rating, supplying a telephone number for
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 –
the rating that is valid;
that the rating appears in a conspicuous place on the promotional material so
that it is easily seen by readers;
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
with any other requirement specified for the purposes of the Eat Safe scheme
and published by the Minister.
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.
A person who, without reasonable excuse –
to display a valid Eat Safe sticker in accordance with Article 6;
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
an Eat Safe sticker that has been tampered with in such a way as to make it
misleading to the public;
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;
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;
to comply with Article 8,
is guilty of an offence and liable to a fine of level 2 on the
Order may be cited as the Food Safety (Eat Safe Rating) (Jersey) Order 2017
and subject to paragraph (2) comes into force on 1st December 2017.
(2) Article 8
and Article 9(f) come into force on 1st June 2018.
deputy s.g. luce of st. martin
Minister for the Environment