Regulation 10 Improvement noticesI1

England and Wales

(1)

An authorised officer of a food authority may issue a notice (an “improvement notice”) to a person if the officer has reasonable grounds for believing that the person has not complied, or is not complying, with one or more of the relevant provisions.

(2)

The “relevant provisions” are regulations 3(2), 3(3), 4(1), 5(1) and 8.

(3)

An improvement notice must be in writing, and must include the following information—

(a)

the authorised officer’s grounds for believing that the person has not complied, or is not complying, with a relevant provision;

(b)

the act or omission that constitutes the failure to comply with the relevant provision;

(c)

the measures which, in the authorised officer’s opinion, the person must take to ensure compliance with the relevant provision;

(d)

the date of issue of the notice^f1;

(e)

the period within which the required measures, or measures which are at least equivalent to them, must be taken (the “compliance period”);

(f)

details of the person to whom, and as to how and by when, any representations about the notice may be made;

(g)

the right of appeal to a magistrates’ court, including the period within which an appeal may be made;

(h)

an explanation of the consequences of failure to comply with the requirements of the notice.

(4)

The “compliance period” is the period determined by the authorised officer and specified in the improvement notice, being at least 14 days beginning with the date on which the notice is issued.

Annotations

Commencement

I1: Reg. 10 in force at 19.2.2025, see reg. 1(2)

Footnotes

f1: See regulation 13(2)(l), applying section 50 of the Food Safety Act 1990 (with modifications) as to the point at which an improvement notice is issued.