Regulation 9 Remedial action notices

United Kingdom

(1)

Where it appears to an authorised officer of an enforcement authority that in respect of an establishment that Article 4(2) of Regulation 853/2004 requires to be approved —

(a)

any of the requirements of the Hygiene Regulations is being breached; or

(b)

inspection under the Hygiene Regulations is being hampered,

the officer may, by a notice in writing (in these Regulations referred to as a “remedial action notice”) served on the relevant food business operator or duly authorised representative —

(c)

prohibit the use of any equipment or any part of the establishment specified in the notice;

(d)

impose conditions upon or prohibit the carrying out of any process; or

(e)

require the rate of operation to be reduced to such extent as is specified in the notice, or to be stopped completely.

(2)

A remedial action notice must be served as soon as practicable and must state why it is being served.

(3)

If it is served under paragraph (1)(a), it must specify the breach and the action needed to remedy it.

(4)

An authorised officer of the enforcement authority whose authorised officer served the original remedial action notice must, as soon as satisfied that such action has been taken, withdraw the notice by a further notice in writing served on the food business operator or duly authorised representative.

(5)

Any person who fails to comply with a remedial action notice commits an offence.