In the event that an Environmental Health Officer visits a Food Business and decides that the existing conditions pose an immediate threat to public health, the Food Business Operator will be issued with a Hygiene Emergency Prohibition Notice. The EHO may also take the matter to the Magistrates’ Court who can issue a Hygiene Emergency Prohibition Order.
Obtaining legal advice at an early stage is crucial. A Hygiene Emergency Prohibition Notice issued by an EHO will result in the Food Business operator being barred from using the premises or equipment for any food-related operations. This typically leads to the temporary closure of the establishment. Reeds have experienced solicitors available to assist if you have been served with a Hygiene Prohibition Notice. If you would like to discuss any aspect of your case, please contact us through our contact page here. Alternatively you can phone 0333 240 7373, or email us at info@reeds.co.uk.
A Hygiene Emergency Prohibition Notice is a legal document that sets out what issues the Environmental Health Officer has experienced in their inspection. The issues found are believed to put the Food Business in breach of the hygiene requirements. A Hygiene Emergency Prohibition Notice should set out:
- What is wrong.
- Why it is wrong.
- What needs to be done make it right.
- And the specified time the steps need to be taken for the Food Business to become compliant with the hygiene regulations.
A Hygiene Emergency Prohibition Notice is often given when the Environmental Health Officer finds pest problems or activity in places where food is prepared and handled on site. Notices can be issued in other circumstances too. Some examples of when a notice would likely be issued:
- Evidence of rodent activity in a storeroom.
- Signs of bad building conditions.
- Piles of rubbish or dirt that cause actual contamination of food, or are at risk of doing it.
- Lack of hot water for cleaning and handwashing.
- Poor standards of cleaning of the premises.
- Rats in the kitchen and/or food preparation area.
In the event that you receive a Hygiene Emergency Prohibition Notice, it is critical that you comply with it without delay. By failing to comply with a Hygiene Emergency Prohibition Notice you are breaking the law, and this can have serious consequences including damage to your reputation.
It is important to carefully review the notice as it may pertain to a specific process, or it could result in a temporary but immediate closure of your food business. The notification will be posted on the property/affixed to equipment to ensure it is prominently displayed. Seeking legal guidance from experienced solicitors specialising in food safety and hygiene is strongly recommended.
Reeds have experienced solicitors to assist if you have been served with a Hygiene Prohibition Notice. If you would like to discuss any aspect of your case, please contact us through our contact page here. Alternatively you can phone 0333 240 7373, or email us at info@reeds.co.uk.
By seeking legal assistance, specialised food safety and hygiene solicitors can assess whether the notice has been issued correctly and advise on any avenues to compensation for any loss suffered if the correct procedures have not been followed. They could advise in relation to contesting any application to the Magistrates’ Court that will follow the notice.
Regulation 8 of the Food Safety and Hygiene (England) Regulations
Regulation 8 of the Food Safety and Hygiene (England) Regulations sets out the requirements for hygiene emergency prohibition notices and orders.
The wording of the regulation is:
Hygiene emergency prohibition notices and orders
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8.(1) If an authorised officer of an enforcement authority is satisfied that the health risk condition is fulfilled with respect to any food business, the officer may by a notice served on the relevant food business operator (in these Regulations referred to as a “hygiene emergency prohibition notice”) impose the appropriate prohibition.
- (2) If a magistrates’ court is satisfied, on the application of such an officer, that the health risk condition is fulfilled with respect to any food business, the court shall, by an order (in these Regulations referred to as a “hygiene emergency prohibition order”), impose the appropriate prohibition.
- (3) Such an officer may not apply for a hygiene emergency prohibition order unless, at least one day before the date of the application, the officer has served notice on the relevant food business operator of the intention to apply for the order.
- (4) Paragraphs (2) and (3) of regulation 7 apply for the purposes of this regulation as they apply for the purposes of that regulation, but as if the reference in paragraph (2) to risk of injury to health were a reference to imminent risk of injury.
- (5) As soon as practicable after the service of a hygiene emergency prohibition notice, an authorised officer of an enforcement authority must affix a copy of the notice in a conspicuous position on such premises used for the purposes of the food business as the officer considers appropriate, and any person who knowingly contravenes such a notice commits an offence.
- (6) As soon as practicable after the making of a hygiene emergency prohibition order, an authorised officer of an enforcement authority must —
- (a)serve a copy of the order on the relevant food business operator; and
- (b)affix a copy of the order in a conspicuous position on such premises used for the purposes of the food business as the officer considers appropriate,
- and any person who knowingly contravenes such an order commits an offence.
- (7) A hygiene emergency prohibition notice ceases to have effect —
- (a)if no application for a hygiene emergency prohibition order is made within the period of three days beginning with the service of the notice, at the end of that period; or
- (b)if such an application is so made, on the determination or abandonment of the application.
- (8) A hygiene emergency prohibition notice or a hygiene emergency prohibition order ceases to have effect on the issue by the enforcement authority of a certificate to the effect that they are satisfied that the food business operator has taken sufficient measures to secure that the health risk condition is no longer fulfilled with respect to the food business.
- (9) The enforcement authority must issue a certificate under paragraph (8) within three days of their being satisfied as mentioned in that paragraph; and on an application by the food business operator for such a certificate, the authority must
- (a)determine as soon as is reasonably practicable and in any event within 14 days whether or not they are so satisfied; and
- (b)if they determine that they are not so satisfied, give notice to the food business operator of the reasons for that determination.
- (10) Where a hygiene emergency prohibition notice is served on a food business operator, the enforcement authority must compensate the operator in respect of any loss suffered by reason of complying with the notice unless —
- (a)an application for a hygiene emergency prohibition order is made within the period of three days beginning with the service of the notice; and
- (b)the court declares itself satisfied, on the hearing of the application, that the health risk condition was fulfilled with respect to the food business at the time when the notice was served,
and any disputed question as to the right to or the amount of any compensation payable under this paragraph is to be determined by arbitration.
Reeds have experienced solicitors to assist if you have been served with a Hygiene Emergency Prohibition Notice. If you would like to discuss any aspect of your case, please contact us without delay our contact page here. Alternatively you can phone 0333 240 7373, or email us at info@reeds.co.uk.
Frequently Asked Questions on Hygiene Emergency Prohibition Notices
What Type of Notice may Require Immediate Closure of my Food Business?
Upon receiving a Hygiene Emergency Prohibition Notice, Food Business operators will not be allowed to use the premises or equipment for any food-related activities. This will result in the temporary closure of the establishment. It may be possible to close part of the business or tailor the closure to a particular process to allow some of the business, but this will depend on the notice. You will require legal advice about whether this is possible in your circumstances.
What Does a Hygiene Emergency Prohibition Notice Mean?
If a Food Business or Operator is issued with a Hygiene Emergency Prohibition Notice, it signifies that the local authority has serious concerns about the way the business is being operated or the procedures being used, which pose an immediate threat to health. As a result, the business will be required to close and follow the notice’s instructions. The business will not be permitted to reopen until it has received approval from the Local Authority to do so.
How is a Hygiene Emergency Prohibition Notice Issued?
The Environmental Health Officer will need to take the matter to court to obtain a Hygiene Emergency Prohibition Order. The Food Business must be given notice of the emergency application at least one day before the date of the application. Before the Court can make an order, it must be satisfied that there is an imminent risk of injury to public health. You have the right to be represented by lawyers at this hearing. We can advise you on whether you should take legal representation to the hearing.
If the Court makes the order, it will remain in force until steps have been taken to eliminate the risk. The Environmental Health Officer must issue a certificate stating that there is no longer an imminent risk of injury to health within three days of this decision being made.
When is it appropriate to issue a Hygiene Prohibition Notice?
A Hygiene Prohibition Notice is appropriate when there is an imminent and substantial risk to public health due to poor food hygiene practices or the presence of harmful contaminants. Local authorities may issue an HPN after conducting a thorough inspection, identifying serious breaches of the Food Safety and Hygiene (England) Regulations 2013, which pose a significant danger to consumers.
When is it not appropriate to issue a Hygiene Prohibition Notice?
A Hygiene Prohibition Notice should not be used for minor infractions or easily remediable issues. HPNs should be reserved for situations where there is an immediate and significant threat to public health.
What can result in a Hygiene Prohibition Notice being issued?
Several factors can result in the issuance of a Hygiene Prohibition Notice, including:
- Defective process or treatment.
- Very poor structural condition and poor equipment.
- The condition of the equipment or premises is such that it carries a high risk of causing food poisoning.
- Poor maintenance or routine cleaning.
- Serious accumulations of refuse, filth, resulting in the actual contamination of food or a significant risk of food contamination.
- Serious risk of cross contamination.
- Failure to achieve sufficiently high processing temperatures.
- Operation outside critical control criteria.
- Using an inappropriate process for a product.
What does a Hygiene Prohibition Notice contain?
A Hygiene Prohibition Notice typically includes:
- A clear identification of the food business and the responsible individuals.
- A detailed description of the specific breaches of food safety and hygiene regulations.
- A statement outlining the imminent risk to public health.
- Instructions on the immediate actions required, such as cessation of certain activities or closure of the premises.
- Information on the right to appeal and the relevant legal process.
What can happen if a Hygiene Prohibition Notice is issued?
If a Hygiene Prohibition Notice is issued, the food business must immediately comply with the notice’s demands. Failure to do so can result in legal penalties, including fines or even imprisonment. The business will need to address the identified issues and seek approval from the local authority or the FSA before resuming operations.
What defences are available to a hygiene prohibition notice?
We can advise on whether you have a defence that can be put forward to the allegation that you are not complying with hygiene regulations. This may be that the offence is due to the fault of another person or that you have acted with due diligence.
What steps can be taken if the recipient disagrees with the hygiene prohibition notice and wishes to challenge it?
If you have received a hygiene prohibition notice, it is essential to take it seriously. Contact us today to seek legal advice. Reeds’ experienced food hygiene and safety solicitors can guide and represent you with challenging the notice.
Can I Ask for a Certificate from my Local Authority to State that My Business is no Longer Under a Notice?
A Food Business is entitled to ask the Local Authority for a certificate that states that the Local Authority is satisfied that the food business operator has taken sufficient measures. A certificate will demonstrate that the health risk condition is no longer present at the food business. The Environmental Health Officer must make a decision on the request for a certificate within 14 days of being asked to do so. If the environmental health officer decides to refuse the request for a certificate, they must set out the reasons for the refusal.
The Food Business or its operator is also at risk of an investigation by the Local Authority which can result in a prosecution for breaches of the food hygiene regulations.